City Council

HEARING BEFORE THE CITY COUNCIL, July 26, 2004 Hearing opened at 7:30 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following PETITION was the subject of the hearing. 150-04 Teresa Marrone: Grant a Special Permit to construct a single family dwelling on Marguerite Avenue, as shown on Assessors’ map 107, lot 13, located in an Industrial Zone. Councillor Marchand stated that the hearing notice had been duly published and all the abutters notified. Introduced and made part of the records were the following: A. Petition 150-04 submitted by Teresa Marrone with accompanying plan prepared by Hannigan Engineering Inc., Civil Engineers & Land Surveyors, 8 Monument Square, Leominster, MA, dated April 30, 2004. B. Letters of recommendation were received from the Health Department, the Department of Public Works, the Fire Department, the Planning Board and the Director of Inspections recommending approval. A letter from the Conservation Commission said they had no jurisdiction. C. Copies of the Notice of Public Hearing published in the Sentinel & Enterprise on July 12, 2004 and July 19, 2004. William Hannigan, Hannigan Engineering and Chris Marrone, son of the applicant were present. Mr. Hannigan said that they are splitting Lot 13 into Lot 13A and 13B. He said that upon the recommendation of the Building Department the dimensions they are using are the same as those in Residence C as that is what is closest to this property. Mr. Hannigan said that utilities are available on the street and the house pictured on the plan is just a house box because the house style has not been picked out yet. Mr. James Fiore, 27 Castle Street spoke in favor. No one spoke in opposition. Councillors Freda, Nickel and Lanciani spoke in support. Due to the fact that the land is in an Industrial Zone a Special Permit issued by a two-thirds vote of the City Council is necessary. Based on the above information, the City Council at the regular meeting held on July 26, 2004 with nine members of the City Council present, determined that the applicant has complied with all the procedural requirements of the appropriate sections of the Zoning Ordinance of the City of Leominster and the Massachusetts Zoning Act. (M.G.L.) Chapter 40A and the City Council voted nine “yeas” to grant the Special Permit. HEARING ADJOURNED: 7:36 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, July 26, 2004 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. A recess was called at 8:02 P.M. to continue the public forum. Meeting reconvened at 8:06 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-5 Relative to the appropriation of $16,000.00 to the Parking Meter Expense Account; same to be transferred from the Parking Meter Fees Reserved for Appropriation Account. C-6 Relative to the appropriation of $40,000.00 to the Gallagher Building Salary and Wages Account; same to be transferred from the Gallagher Building Revolving Fund. C-7 Relative to the appropriation of $61,000.00 to the Gallagher Building Expense Account; same to be transferred from the Gallagher Building Revolving Fund. C-8 Relative to the appropriation of $8,750.00 to the Refuse and Garbage Collection Expenses; same to be transferred from the Emergency Reserve Account. REGULAR MEETING OF THE CITY COUNCIL, July 26, 2004, continued The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Traffic Department. 9-05 Claire M. Freda: Place a three way “stop” sign on Patricia Drive and Karen Street; Patricia Drive and Jamestown Road and Karen Street and Jamestown Road. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Firefighters – Jason L. LeBlanc and Andrew P. Dunner Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-1 Relative to the appropriation of $5,000.00 to the Conservation Commission Salary and Wages Account; same to be transferred from the Wetland Fees Reserved for Appropriation Account. ORDERED:- that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Conservation Commission Salary and Wages Account; same to be transferred from the Wetland Fees Reserved for Appropriation Account. C-2 Relative to the appropriation of $10,400.00 to the Cemetery Salary & Wages Account; same to be transferred from the Cemetery Perpetual Care Income Account. ORDERED:- that the sum of Ten Thousand Four Hundred Dollars ($10,400.00) be appropriated to the Cemetery Salary & Wages Account; same to be transferred from the Cemetery Perpetual Care Income Account. RE: Part-time clerk at the Evergreen Cemetery office. C-3 Relative to the appropriation of $7,500.00 to the Police Department Salary and Wages Account; same to be transferred from the Police Salary and Wages Account. ORDERED:- that the sum of Seven Thousand Five Hundred Dollars ($7,500.00) be appropriated to the Police Department Salary and Wages Account; same to be transferred from the Police Salary and Wages Account. RE: Funds requested are to increase the Police Department Mechanic to full time status at an S-3 level. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was AMENDED. Vt. 9/0 Amended petition was referred to the Planning Board and TABLED FOR STUDY. Vt. 9/0 144-04 Leominster City Council; Wayne Nickel, Dennis Rosa, David Rowlands, John Salvatelli, Claire Freda, James Lanciani Jr., Robert Salvatelli, John Dombrowski and Richard Marchand : Endorse a petition to amend the Leominster Zoning Ordinances by deleting the Special Permit requirement to use a trailer as a residential site after a fire or other similar disaster; permission may be granted by the City Council for a 120-day period followed by a 60- day extension if necessary. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9 “yeas” 150-04 Teresa Marrone: Grant a Special Permit to construct a single family dwelling on Marguerite Avenue, as shown on Assessors’ map 107, lot 13, located in an Industrial Zone. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were TABLED FOR STUDY. Vt. 9/0 151-04 Maribel Fournier, Human Resources Director: Accept Chapter 32B Section 15 of the Massachusetts General Laws allowing the City of Leominster to legally offer disability insurance to city employees; plan to be offered will be 100% employee paid. 152-04 Richard M. Marchand: Request the endorsement of this petition by the Honorable Members of the Leominster City Council to ask the City of Leominster’s Conservation Commission to conduct an assessment identifying the value and the prioritization of privately owned land parcels located in the Watershed Protection District primarily located within the Water Supply Protection District of Haynes, Morse and Distributing Reservoirs; currently, the City of Leominster has a filtration waiver for these reservoirs issued by the Department of Environmental Protection. This effort by our Conservation Commission shall assist the City of Leominster in clearly identifying sensitive parcels of land in said district and will help foster Watershed Management for Source Water Protection for the City of Leominster. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0; Councillor Rowlands opposed. 1-05 Sandra L. Copeland: Amend Chapter 10, Section 8 of the Revised Ordinances to include toy guns, rifles, swords and all war related items. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 9/0 A hearing was set for August 23, 2004 at 7:00 P.M. Vt. 9/0 REGULAR MEETING OF THE CITY COUNCIL, July 26, 2004, continued 2-05 Leominster City Council; Dennis A. Rosa, James Lanciani, Jr., John Dombrowski, John Salvatelli, David E. Rowlands, Wayne A. Nickel, Claire M. Freda, Robert Salvatelli, Richard Marchand: Amend Article II, Section 22-24; Industrial District, subsection 24.2.5.1 of the Revised Zoning Ordinances by authorizing the Leominster City Council to be the sole special permitting authority for any Mixed-Use Development Project. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 3-05 James Lanciani, Jr., and Wayne A. Nickel: Amend Chapter 13, entitled “Motor Vehicles and Traffic as follows: Mechanic Street (north side) beginning at a point approximately 240’ more or less, from the intersection of Main Street and Mechanic Street in an easterly direction; place parking spaces for four (4) vehicles for a distance of approximately 260’ more or less, to Mt. Pleasant Ave. for “all day parking”; from Mt. Pleasant Ave. easterly for a distance of 220’ more or less, place “no parking”; from pole #2 easterly for approximately 120’ more or less, place “30 minute parking”; opposite Spruce Street easterly for a distance of approximately 132’ more or less, place “no parking”; easterly for a distance of 220’ more or less, place “all day parking”; from 97 Mechanic Street easterly for approximately 140’ more or less, place “no parking”. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW WITHOUT PREJUDICE. Vt. 9/0 4-05 Robert K. Cotton on behalf of Stephen J. Fluet: Request that the City of Leominster waive its statutory right of first refusal, pursuant to M. G.L., Chapter 61, Section 8, on land consisting of 30.33 ± acres located on the northerly side of Johnny Appleseed Lane; said land to be conveyed to owners son for consideration of less than $100.00. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was DENIED. Vt. 9/0 5-05 Thomas Murray, District Manager, Waste Management: Grant a Special Permit to use a 10 x 50 ft. mobile office trailer at 268 New Lancaster Road for an office/break/locker room, for the duration of time that Waste Management runs the Leominster Transfer Station. Upon request of the PUBLIC SAFETY COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 6-05 Carol D. Newell: Place a “Blind Driveway” sign in front of 39 White Street. Upon request of the PUBLIC SAFETY COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 9/0 7-05 Lisa M. Vacarelo et al: Request a truck exclusion on Mooreland Avenue. Upon request of the CITY PROPERTY COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 9/0 115-04 Olga Valera: Request a comprehensive study into the area of Rockwell Pond, including Chicken Harbor, also that the Council develop a plan to rectify changes that have been made to the shoreline and ultimately restore Chicken Harbor the area behind 132 West Street to its original state. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-4 Dean J. Mazzarella, Mayor: Exempt Margaret Stephenson and Lynne Gould from the provisions in M.G.L. Chapter 268A (20B) Conflict of Interest as they are currently employees of the Leominster School Department and summer employees of the Recreation Department. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 8-05 Scott Atwood: Renew second-hand dealer’s license for the premises located at the Repair Place at Sears. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9/0 Election Officers 2004-2005 – Mary Golas and Sidia A. Pomeroy The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for August 23, 2004 at 7:20 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 4 of the Revised Ordinances entitled “Buildings” by inserting Section 4-2.10 – Disposal of Building Materials requiring an owner of residential property or general contractor shall be required to demonstrate appropriate and ultimate disposal of building materials and supplies generated in a restoration or installation construction project in order to obtain final approval of such project by the City Director of Inspections or other designated inspector. The following ORDINANCE was read once and adopted as presented. Vt. 8 “yeas” and 1 “nay; Councillor Freda opposed. A hearing was set for September 13, 2004 at 7:00 P.M. Vt. 8/1; Councillor Freda opposed. 1st Reading Ordinance – amend Chapter 13, Section 13-34 entitled “No Parking on Certain Streets” by inserting “Wilderwood Avenue (southern side), beginning at the intersection of Wilderwood Avenue and Main Street and continuing to the municipal boundary with the Town of Lunenburg.” * REGULAR MEETING OF THE CITY COUNCIL, July 26, 2004, continued Council President Lanciani said that everyone received a letter from the Mayor asking that the City Council Chambers be made available for use by all boards and commissions. Councillor Lanciani said that the locks on the cabinets could be fixed by Jim’s Lock and Key so that the councilors could use them and he asked for comment from the other councilors. Councillor Rosa said that he is in opposition. He said that he feels that City Councillors are elected officials and he would not give up any of the people’s city council chambers. Councillor Freda said that agrees with Councillor Rosa and that this area has been designated ours for many years. She said that the Auditorium and Room 10 should be adequately wired for sound. She said that she has heard the Planning Board members say that when they use the City Council Chambers it is not conducive to setting up maps for review. Councillor Dombrowski said he disagrees with the other Councillors because Room 10 is too small it is too hard to hear in the Auditorium. He said that he doesn’t feel this is the most desirable alternative but he will support it temporarily. Councillor John Salvatelli said he would go along on a temporary basis but not permanently. Councillor Nickel said he believes the best alternative would be a better wiring system in the Auditorium. He said that there have been other events in the auditorium with overhead camera’s which provided great coverage. Councillor Rosa said that with four or five boards using the chambers there are bound to be scheduling problems and the Council may be left out when we want to use it. He said that this is his work area and he has a key to the building so he can come in anytime, 24 hours a day, to do his work. Councillor Rosa said that when you are elected to the City Council you should get a seat in the City Council Chambers. Councillor Marchand said that he would go along with Councillor Rosa. He said that he spent money on office supplies and they are missing. He said that renovations were taken on, spearheaded by Councillor Freda and it is now a beautiful chambers. Councillor Marchand said he has been at Zoning Board meetings and have taken people down there for a private meeting. He said that after the Zoning Board members were shown how to use the microphones properly and there was no problem hearing them. Councillor Robert Salvatelli said that five years ago he could not see what the problem was with other groups using the City Council Chambers but now that he has been on the City Council for five years he understands the significance of being a City Councillor. He said that he has seen the Planning Board using the chambers and asked the City Council President Lanciani how that is handled. Council President Lanciani said that they contact the City Clerk or himself and ask for permission, which has always been given. He said that no one has ever used the chambers as long as he has been president without permission. Councillor Freda said that this has been going on for years and is wondering why the other rooms haven’t been wired. She said at the Board of Appeals meeting the other night the members were asked repeatedly to speak into the mike. She said that it is a control issue to take over the City Council Chambers. If there were a desire to make things more accessible this would have been dealt with over the years to make the auditorium more accommodating. Councillor Rosa said twelve years ago they use to vote to give permission to use the Council Chambers as they currently do with fuel assistance. He said that if permission is requested for large meetings he has no problem allowing someone to use it. He said he has been to many events where there were 200 people in the auditorium and if the microphones are set up there is no problem. Councillor Marchand said he feels we should continue the practice of allowing the City Council President to lend out the room. He said once we give the room up it would become the meeting room, not City Council Chambers. Councillor Marchand made a motion that the policy for City Council Chambers remains as it is. Motion was seconded by Councillor Nickel and a letter will be sent to the Mayor stating the majority of the Councillors wish the policy to remain as is. Councillor Lanciani read the following letter regarding the sewage leak into Pierce Pond into the record. July 23, 2004 Dan Mylott, Mayor City of Fitchburg Fitchburg, MA 01420 RE: Continuing Sewage Discharge to Pierce Pond, Leominster, MA. Dear Mayor Mylott: On Monday July 19, 2004 our Health Director and Environmental Officer both observed a slug of gray water coming from the Fitchburg Storm Sewer that discharges at Route 2 and flows into Pierce Pond. At the time this pollution was observed, the odor of human waste was evident and small bits of debris commonly found in sewage were observed floating into the pond. Samples were collected and the results indicated that the discharge was diluted sewage. Initially this problem was identified in April of 2003. Subsequently in May of 2003 Fitchburg claimed to have performed remedial actions to a combined sewer that would alleviate the problem. Unfortunately this has not solved the problem and the discharge continues unabated. REGULAR MEETING OF THE CITY COUNCIL, July 26, 2004, continued Pierce Pond is a recreational water body that many Leominster residents live on and use for swimming, fishing and boating. There is a summer camp on the pond that provides water sports for young children from June through August. The City of Leominster is analyzing water quality samples in the pond on a weekly basis because of the potential health impacts created by the existing discharges coming from Fitchburg. The City of Fitchburg has been ordered by the Massachusetts Department of Environmental Protection to collect samples from your storm water discharge that flows into Pierce Pond as part of a larger Administrative Consent Order. At this time the City of Leominster requests the following: 1. Please provide this office with the Pierce Pond sampling program results. 2. Increase the observation of the feeder brook to daily visits after rainfall events and sample with increased frequency based on precipitation. 3. Immediately begin to systematically investigate the drainage system to identify the source of the pollution to Pierce Pond. Because of the lack of progress that has been made to remediate this problem the City of Leominster is prepared to begin legal action against Fitchburg if the problem is not identified and rectified immediately. We hope that you will cooperate with these requirements and we look forward to getting the problem solved. Sincerely, Dean Mazzarella Mayor Under New Business, Councillor Nickel asked that a letter be sent to Herman Bourque, a City Councillor in Fitchburg, welcoming him back to the Council after an illness. Under Old Business, Councillor Rowlands said that he is disappointed that the drafting of a new trash ordinance is being put off for a year, until a new trash contract is signed. He said that when he supported emergency measures for trash regulations he was under the impression that a new trash ordinance was being drafted shortly. Councillor Rowlands said he has received many calls this week regarding speeding. He feels that we need to get a handle on this. Councillor Rowlands said that the proposed addition at Fallbrook is a band-aid approach to the growing overcrowded problem. He said he would like to see a meeting between the City Council and School Committee take place to discuss alternatives to the current plan. Council President Lanciani said that the City Clerk will send a letter to the School Committee requesting a meeting. Councillor Freda agreed with Councillor Rowlands because many plans for that school have never been completed. She said that she believes it is up to the School Committee to come up with a plan and present it to us. She said she has no issue sitting down and look at alternatives but she feels that people elected them and we should not overstep their authority. Councillor Marchand said there is a scholarship dinner in memory of Papo Lolli, Wednesday evening at the Eagles Hall. Councillor Richard Marchand, Chair of the LEGAL AFFAIRS COMMITTEE moved that the following PETITION be removed from the table and placed on the calendar for action. It was so voted. Vt. 9/0. Committees report as follows. 149-04 Scott Bigelow: Grant a Special permit to divide an existing building at 375 Harvard Street into separate tenant units with different uses e.g. retail, library, wholesale and distribution as shown on Assessor’s Map 370, lot 19, located in an Industrial Zone. LEAVE TO WITHDRAW Vt. 9 “yeas” MEETING ADJOURNED: 10:10 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council