City Council

HEARING BEFORE THE CITY COUNCIL, August 23, 2004 Hearing opened at 6:58 P.M. with Councillor Nickel, Chair of the Public Service Committee presiding. All members were present. The following PETITION was the subject of the hearing. 10-05 Massachusetts Electric Company and Verizon New England, Inc.: Pleasant Street; Relocate one jointly owned pole on Pleasant Street at a point approximately 81 feet south of the centerline of the intersection of Lisa Drive and continuing approximately 25 feet in a northerly direction. Iris Price, representing Massachusetts Electric spoke in support. Councillor Nickel asked if the house was on Lisa Drive or Pleasant Street. Ms. Price said it was on Pleasant Street. Councillor Rowlands said that in his ward he has three double poles on North Street and eight double poles on Harvard Street. He wants to know whom he sees about having these poles cleaned up. Ms. Price said that she does not handle that side of Leominster but she will take Councillor Rowlands card and give it to the gentleman who does. Councillor Nickel said that there are many different parties using these poles and it is sometimes hard to determine who the culprit is. Ms. Price said that Massachusetts Electric is not able to remove a pole until everyone is off the pole. Councillor Nickel said that often times Joe Poirier, Wire Inspector, is a good resource in determining who the guilty party is. HEARING ADJOURNED: 7:10 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, August 23, 2004 Hearing opened at 7:12 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present, Councillor Lanciani arrived late. The following PETITION was the subject of the hearing. 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. HEARING BEFORE THE CITY COUNCIL, August 23, 2004, continued Councillor Marchand read the following recommendation from the Planning Board. Dear Ann, Please be advised that at its regular meeting conducted on August 17, 2004 the Board voted to recommend denial of this petition due to the fact that the Planning Board feels they have the ability to bring in outside consultants to assist in a thorough investigation with planning projects. In addition, unlike other city boards, the Planning Board has the advantage of having a full staff in the Planning Department to assist with project mitigation. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Andrew Taylor Assistant Planning Director No one spoke in favor. John Souza, Chairman of the Planning Board spoke in opposition. He said that they held approximately 12 hearings over the span of two years at which Mixed-Use Zoning was mentioned. Mr. Souza said that what he thinks is important is the ability to tie the Special Permit process together with the Site Plan process. He said if the City Council took over the Special Permit process the developer would submit a preliminary plan that would not state who was going into the buildings. He said removing the Special Permit from the Planning Board is taking a tool away from them because with a Special Permit it is much harder for a company to get the approval from the Planning Board because they need a super majority. They need five of their seven votes. Mr. Souza said that companies tend to work better with the Planning Board and have a better opportunity to get some of the mitigation done, such as traffic and lighting by bringing in consultants and engineers. Councillor Nickel said that he knows the City Council does not have the authority to require applicants to provide Consultants and Engineering as the Planning Board does. He said he asked this of a representative of Kopelman & Paige a few months ago and they were going to get back to tell us what we could do to have the ability to have independent engineering done. Councillor Nickel said when they voted for the zoning change three Councillors said the numbers with the City Council and the Planning Board should be reversed, over 20 acres to the City Council and under 20 acres to the Planning Board. He said he supports the petition but his concerns are where we stand with the engineering study. Councillor Dombrowski said he is also in favor of the petition. He said he would like clarification on whether the site plan would proceed the Special Permit or vice-versa. He said the bi-laws has them both going together before the Planning Board.. He feels if the site plan goes to the Planning Board first and they use their expertise and their guidelines and then send the Council their site plan approval and recommendation for a Special Permit that takes care of Councillor Nickels concerns. Councillor Dombrowski said that Boards need to be free to make unpopular decisions and projects such as these are so large that elected officials need to have a say. We do need to be assured that all the powers the Planning Board has now don’t go away if the Special Permit granting authority come to the Council. Council President Lanciani said he would prefer to see this petition tabled until we have a new Planning Director in place.He said that other than Walmart and Target he doesn’t see any more large projects coming to Leominster because land is scarce. Council President Lanciani said they should vote when they have the answers to their questions. Councillor Rowlands said he is against mixed-use altogether. He said that that he feels mixed-use was the way to put commercial property in industrial space. He feels they should eliminate mixed-use. Councillor John Salvatelli said that although he is on the petition he does not believe he will support it. He said that he does not have the expertise to take this on and believes the Planning Board is the way to go. Councillor Freda said the City Council should be the granting authority. She said we did have heavy discussions during the time the Zoning Ordinances were changed and at that time some of them fought to have the Special Permit granting authority be the City Council. She said the idea back then was to have commercial along the road on Route 117 and leave the back of that land industrial. Councillor Freda said the Development Review Board is misused. She said it was set up to allow developers to have an area where they could talk to the different Departments to find out what is expected of them and she feels that was a good idea. Councillor Freda said she is unhappy that it ended up as meeting governed by the executive office and having things determined before it even gets to the Planning Board. Councillor Rosa agreed with Councillor Freda. He said that twelve years ago there was an area down near Jungle Road that was a Planned Development district and Pyramid Mall approached the City Council to build a shopping center. He said that there was no lack of tools or engineering studies. Councilor Rosa said that it ended up going to a referendum vote and being passed 52% to 48% proving that the peoples voices where heard. Councillor Robert Salvatelli said he is not sure that public support is against the Walmart and Target projects although the residents of Ward 1 and Ward 3 are. He said that he does not believe that the City Council would stay away from politics on mixed-use. He said he is going to wait to decide what his decision will be on this issue. Councillor Dombrowski said he would like to remind everyone that this is not a referendum on any particular project but about who should have the authority for mixed-use. He said the City Council is held accountable every two years. He said the Council once had the authority and should take it back. HEARING BEFORE THE CITY COUNCIL, August 23, 2004, continued Councillor Marchand said that he would like the City Council to take action on this tonight because even if the petition does pass we will still need to hold a first and second reading on the ordinance. He said this would allow for an ample amount of time to get our questions answered. HEARING ADJOURNED: 7:45 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, August 23, 2004 Hearing opened at 7:46 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following ORDINANCE was the subject of the hearing. Relative to amending 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. No one spoke in favor or opposition. No Councillors spoke. HEARING ADJOURNED: 7:47 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, August 23, 2004 Meeting called to order at 8:00 P.M. A moment of silence was observed in remembrance of State Representative and former City Councillor Mary Jane Simmons. Attendance was taken by a roll call vote; all members present. The Committee on Records reported that the records were examined through May 24, 2004 and found to be in order. The records were accepted. A recess was called at 8:02 P.M. to hold a public forum. Meeting reconvened at 9:00 P.M. The following COMMUNICATION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Police Department. C-13 Dean J. Mazzarella, Mayor: Request closing Church Street on Saturday, October 9, 2004 from 10:00 A.M. to 1:00 P.M. for the annual Fire Prevention Week Open House.(Public Safety) The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board. 15-05 Norma Soares and Ten Registered Voters: Amend the Leominster Zoning Ordinance by adding “Martial Arts School Studio” to the Table of Uses in a Business A District. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Traffic Department. 16-05 Robert Salvatelli and Michael Scherer: Place a “No Left Turn” sign on Granite Street, approximately 60 feet from the corner to prevent a left turn up the steep uphill cutoff, with direction arrows painted on the existing roadway. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Reserve Firefighters – Ryan C. Muth, Jeffrey D. Nickel and Brenda M. Greenawalt Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 REGULAR MEETING OF THE CITY COUNCIL, August 23, 2004, continued 10-05 Massachusetts Electric Company and Verizon New England, Inc.: Pleasant Street; Relocate one jointly owned pole on Pleasant Street at a point approximately 81 feet south of the centerline of the intersection of Lisa Drive and continuing approximately 25 feet in a northerly direction. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-9 Relative to the appropriation of $9,480.00 to the Emergency Management Agency Expense Account; same to be raised by FY 2005 Revenue Account. ORDERED:- that the sum of Nine Thousand Four Hundred Eight Dollars ($9,480.00) be appropriated to the Emergency management Agency Expense Account; same to be raised by FY 2005 Revenue Account. C-10 Relative to the appropriation of $15,500.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. ORDERED:- that the sum of Fifteen Thousand Five Hundred Dollars ($15,500.00) be appropriated to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-11 Dean J. Mazzarella, Mayor: Authorize the Mayor to enter into a perpetual easement agreement with the Pilgrim Congregational church of Leominster to establish a shared parking lot, a walkway and a temporary easement for construction work in furtherance of the library expansion project. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were TABLED FOR STUDY. Vt. 9/0 11-05 William Wyrebek, An Individual Owning Land to be Affected by Change: Request that the Leominster City Council change the following parcels of property on Pleasant Street; Assessor’s Map 494, Lots 3 and 18; Assessor’s Map 488, lots 1 and 6; Assessor’s Map 340, Lot 2; Assessor’s Map 561, Lots 35A, 36A and 37A to Residential B District, thus preserving the rights and privileges to 353 Pleasant Street, as originally and legally prescribed.(A hearing is scheduled for September 27, 2004 at 7:00 P.M.) 12-05 Michael T. Wedge/President, BJ’S Wholesale Club, Inc.: Amend the license to store flammable liquids at 115 Erdman Way to reflect a total capacity of 10,974 gallons.(A hearing is scheduled for September 13, 2004 at 7:20 P.M.) Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 9/0 Councillor Dombrowski disclosed that he is in the process of getting a ruling from the Ethics Commission if he is in Conflict of Interest on the following petition. 13-05 James L. Xarras and ten registered voters: Amend Article VII, Section 22-46 of the Leominster Zoning Ordinance by adding a sub-paragraph to section 22-46 paragraph 46.1 that would limit authorizing construction to a maximum of 60 units in a 24 month period in each development thereby prohibiting any one development from utilizing the entire 200 non-exempt dwelling units allowed to be permitted in a 24 month period.(A hearing is scheduled for September 27, 2004 at 7:20 P.M.) Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 14-05 Kym Craven: Authorize the closing of Main Street from the corner of Wilder Road to Prospect Avenue on August 28,2004 between 1:30 P.M. and 5:30 P.M. for a wedding ceremony being conducted at 1441 Main Street. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. C-12 Relative to the appropriation of $3,919.31 to the C.D.B.G. Housing Rehabilitation Expense Account; same to be transferred from the various C.D.B.G. accounts: ORDERED:- that the sum of Three Thousand Nine Hundred Nineteen Dollars and Thirty One Cents be appropriated to the C.D.B.G. Housing Rehabilitation Expense Account; same to be transferred from the following C.D..B.G. Accounts. Life Skills Expenses $1,000.00 Taylor St. Co. SAT Prep Program 50.00 M.O.O.N. Report Drug Traffic Program 394.42 Mayor’s Office – Energy Assistance 1,870.61 Leominster Police Drug Suppression 604.28 Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9/0 Election Officers – 2004 – 2005 – Loraine Poulin, Susan St. Pierre, Marie J. Sharrigan, Nicholas D’Onfro. REGULAR MEETING OF THE CITY COUNCIL, August 23, 2004, continued The following ORDINANCE was read a second time ADOPTED as presented and passed to be ordained. Vt. 9 “yeas. The City of Leominster In the Year Two Thousand and Four An Ordinance Amending Chapter 4 of the Revised Ordinances entitled “Buildings.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 4 of the Revised Ordinances entitled “Buildings” is hereby amended by inserting the following section: Section 4-2.10 Disposal of Building Materials Any 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. 9 “yeas”. A hearing was set for September 13, 2004 at 6:55 P.M. Vt. 9/0 1ST Reading Ordinance – amend Chapter 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” by inserting Central Street (west side), from 739 Central Street to 1123 Central Street. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for September 27, 2004 at 6:55 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 12 of the Revised Ordinances entitled “Licenses” by inserting a new section 12-3A entitled “Permits for Work in Watershed Protection District” requiring city employees or agents to submit to the City Council photocopies of any and all licenses or permits issued regarding the repair or construction of dwellings, dwelling units, or other building located within the “Watershed Protection District”, said copies shall be filed with the City Clerk within forty-eight hours of issuance of the permit. License or permit issuing agents shall include, but not be limited to, the Building Inspector the Environmental Inspector, the Gas and Plumbing Inspector, the Electrical Inspector and the Health Inspector. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for September 13, 2004 at 7:30 P.M. Vt. 9/0 1st Reading Ordinance - : amend Chapter 22 of the Revised Ordinances entitled “Zoning” by amending Article VI, Section 22.41.5.4 “Water Supply Protection Use Regulations”; Article III, “Dimensional Regulations” Section 22-27.4 and 22-27.8 “General Requirements” with respect to the Water Supply Protection District. Under New Business, Councillor Marchand said that there would be a meeting at Northwest School on August 31, 2004 at 6:00 P.M. regarding safe neighborhoods. Councillor Marchand said that there was another incident this past Saturday of sewerage leaking into Pierce Pond. He said he has been in contact with the Mayor’s office and was told that Matt Marro and the Mayor were working on this issue. He said that he would like representatives from D.E.P. to update the City Council on what has been done. Councillor Rowlands asked that Matt Marro come before the Council to give an update on Shea Brook and Pierce Pond. 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. 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. GRANTED 7 “yeas” and 2 “nays”; Councillors Lanciani and John Salvatelli opposed. Councillor Richard Marchand, Chair of the LEGAL AFFAIRS COMMITTEE moved that the following ORDINANCE be removed from the table and placed on the calendar for action. It was so voted. Vt. 9/0. 2nd Reading Ordinance – to amend Chapter 22 of the Revised Ordinances entitled “Zoning” by changing the Leominster Zoning Map so that the following parcels on Pleasant Street, currently designated in the Residential B district, shall be in the Residential A district: Assessors Map 494, Lots 3 and 18; Assessors Map 488, Lots 1 and 6; Assessors Map 340, Lot 2; Map 561, Lots 35A, 36A and 37A. DENIED. Vt. 5/4 A Minority Report to Grant was defeated Vt. 5 “yeas” and 4 “nays”; Councillors Nickel, Rowlands, Dombrowski and Lanciani opposed (A ¾ vote is required due to the fact that a written protest was filed by a landowner of more than 20% of the property effected by change.) A Majority Report to Deny changing the zoning was Granted Vt. 4 “yeas” and 5 “nays”; Councillors Marchand, Freda, John Salvatelli, Robert Salvatelli and Rosa opposed. MEETING ADJOURNED: 11:10 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council