City Council

HEARING BEFORE THE CITY COUNCIL, December 13, 2004 Hearing opened at 7:28 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Nickel. The following PETITION was the subject of the hearing. 34-05 McKenzie Engineering Co., Inc. on behalf of Adams Street Properties, LLC, Owners of land to be rezoned: Change the zoning district of land located at the southwest corner of the intersection of Adams Street and Cotton Street from Industrial (I) to Residence C (RC) as shown on Assessor’s Map 4, as lots 1 (4.52 acres) and 2 (0.2 acre); also change the zoning district of land contiguous to those parcels and westerly of Adams Street, southerly of Cotton Street, easterly of Cottage Street and northerly of Pleasant Street from Business B (BB) to Residence C (RC) shown on Assessors Map 3, as lots 14C (0.55 acre) total area to be rezoned is 5.27 acres to allow the redevelopment of the area into a residential townhouse development. Councillor Marchand said that notice of the public hearing was published in the Sentinel and Enterprise on November 29, 2004 and December 6, 2004. He said that positive recommendations were received from the Department of Public Works, the Fire Department the Director of Inspections and the Health Department. He said that a positive recommendation was received from the Conservation Commision along with a copy of the Order of Conditions that they issued. Councillor Marchand said that a positive recommendation from the Planning Board asked that the petition be amended to include the lot in the northeast corner on Adams Street, the Normandin property on Adams Street, and 3 lots on Adams Street shown in Assessors Book 6 lots 1,2 and 18. Present at the hearing was Michael Mullaney of McKenzie Engineering representing Daniel Yarden sole owner of the Adams Street property under consideration for rezoning. He said when Mr. Yarden originally purchased the property in 1998 his intent was to continue its use as Industrial. Mr. Mullaney said that when that did not work out he razed a portion of building and has proposed that the remainder be demolished and rebuilt as residential. He said that residential is more compatible with the area. Mr. Mullaney said that a walkway will be established along the Moonosnock Brook. He said all frontages are on Adams Street and Cotton Street. He said that at the Planning Board meeting they were asked if they would be agreeable to add the Normandin Property (Assessor Map 6, lot 3) to their petition and they do not object. Also present at the hearing was Mrs. Normandin and Attorney George Watts. Councillor Marchand said that he feels that the Normandin project is different than Mr. Yardens and back when they held a hearing on the Special Permit there were some things that still needed to be worked out. He said that with all due respect to Mrs. Normandin and taking into consideration the death of her husband, they have not closed that public hearing in order to give her time to get things in order. Attorney Watts said that the Normandin property is also part of the Rockwell Village Property which was designed to include different types of residences in that area. He said that the property is located on the westerly side of Cotton Street and is approximately 1 ½ acres. Attorney Watts said that at prior Planning Board meetings Mrs. Normandin’s plan for her property were reduced to forty-seven units and dumpsters relocated for better snow removal. Councillor Marchand asked Mr. Mullaney if he wishes to still have his petition amended to include the Normandin property. Mr. Mullaney said that in light of what has been presented he wishes to withdraw his amendment and asked that his petition be considered as originally submitted. Councillor Dombrowski asked how many units are being considered for Mr. Yarden’s project. Mr. Mullaney said that there are forty-two units in four building that are going to be marketed for lower income although it will not be a 40B project. Councillor Dombrowski asked if during demolition they anticipate any hazardous waste or 21E issues? Mr. Mullaney said that during the 21E process there were areas that came up that were mitigated. He said there may be other areas and they would have to be permitted through the Department of Environmental Protection and the Fire Department. He said there was an old furnace in the building that was demolished in 2001 that had an asbestos jacket. Mr. Mullaney said it was abated according to state regulations. He said that he believes there were also some drums with hazardous materials that were removed and managed per D.E.P. regulations. Councillor Dombrowski asked if there were any problems flowing toward the brook. Mr. Mullaney said he does not know and cannot comment because it has been years since he has read a 21E document. Councillor Dombrowski asked when the last time the buildings were occupied. Mr. Mullaney said they were occupied years ago. He said one floor of the Thom McCann building has materials stored there but people are not there on a daily basis. Councillor Dombrowski asked if they would submit a copy of the 21E. Councillor Marchand asked how they planned to keep the dust down and streets clean during demolition. Mr. Mullaney said he was not there during the previous demolition but water trucks and tents can be used during the process. HEARING BEFORE THE CITY COUNCIL, December 13, 2004, continued Councillor Marchand asked about fire hydrants, sidewalks and parking. Mr. Mullaney said that all of those issues would be addressed at the time of site plan approval. He said there are currently sidewalks there and if for any reason they were disturbed or destroyed they would certainly be replaced in accordance with the specifications of the Department of Public Works Director. Councillor Robert Salvatelli asked how they can begin a project with the sewer moratorium currently in place. Mr. Mullaney said that the moratorium may be lifted as early as next September. He said part of the Rockwell Village concept study and the intent of developing that was for state grant money which was received in late August of this year and it is his understanding that engineering is being performed right now for the mitigation of sewer problems in that area. Councillor Robert Salvatelli said that he does have a few reservations, such as, what would happen if we rezoned and then this particular individual sold the property and now it was rezoned and we could end up with some thing else. Councillor John Salvatelli said he thought we could put a stipulation that we were rezoning only for this project and if the project was to change we could go back to how it was originally zoned. Councillor Rowlands said he would not vote to grant this if it were amended to combine this property with the Normandin property. Councillor Freda reminded the City Council that they could not rezone based on a particular project. Councillor Freda asked Mr. Mullaney why he would object to the Normandin property being included in his petition. Mr. Mullaney said that the only reason would be that there are open questions that the Council may have that could negatively impact the vote on his client this evening. HEARING ADJOURNED: 7:58 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, December 13, 2004 Meeting called to order at 8:01P.M. Attendance was taken by a roll call vote; all members present except Councillor Nickel. The Committee on Records reported that the records were examined through October 25, 2004 and found to be in order. The records were accepted A recess was called at 8:03P.M. to hold a public forum. Meeting reconvened a 8:10.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-68 Relative to the appropriation of $125,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-69 Relative to the appropriation of $2,500.00 to the License Commission Expense Account; same to be transferred from the License Commission Salary and Wages Account. C-70 Relative to the appropriation of $1,500.00 to the Planning Board Expense Account; same to be transferred from the Emergency Reserve Account. C-71 Relative to the appropriation of $2,300.00 to the Planning Board Expense Account; same to be transferred from the Excess and Deficiency Account. C-72 Relative to the appropriation of $2,400.00 to the Veterans Expense Account; same to be transferred from the Veterans Department Salary and Wages Account. C-73 Relative to the appropriation of $4,000.00 to the Highway Expense Account; same to be transferred from the Emergency Reserve Account. C-74 Relative to the appropriation of $175,000.00 to the Interest on Loans Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, December 13, 2004, continued The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Leominster Land Trust. C-75 Dean J. Mazzarella, Mayor: Approve the proposed Conservation Restriction on approximately 148 acres of the former Grandview Country Club property which will prohibit any development of the property and preserve the area dedicated to wildlife habitat and water resource protection. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-76 Dean J. Mazzarella, Mayor: Request that Richard Cuff, an employee of the School Department, Stephen Aube, an employee of the Department of Public Works and Daniel Ciccone an employee of the Fire Department be exempt from the provisions in M.G.L. Chapter 268A (20B) Conflict of Interest which will allow them to coach for the Leominster Recreation Department. The following PETITIONS were received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was set for December 27, 2004 at 7:00 P.M. on both petitions. 42-05 Massachusetts Electric Company: Peterson Street; Install one singularly owned pole on Peterson Street beginning at a point approximately 1913 feet southwest of the centerline of the intersection of Wachusett Street. 43-05 Massachusetts Electric Company and Verizon New England Inc.: Peterson Street; Install one jointly owned pole on Peterson Street at a point approximately 1913 feet southwest of the centerline of the intersection of Wachusett Street. The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. 44-05 Ann B. Mahan, City Clerk: Increase Special Permit and Rezoning filing fees from $75.00 to $200.00. 45-05 Matthew S. Marro and Patrick LaPointe: Approve a stormwater management ordinance as required by the EPA regulation regarding stormwater management that took effect March 2003 which will allow the city to control those areas not under conservation jurisdiction. The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department. 46-05 Gary R. Singleton and Kathleen A. Gomes: Place “no parking” signs from 11 to 17 Cross Street, on the odd and even sides. 47-05 Claire Freda for Veronica Lorenzen: Place “no parking” signs on Lancaster Street from Litchfield Street to Elm Hill Ave. The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works, the Planning Board, the Conservation Commission and the Fire Department. 48-05 Peter A. CampoBasso, Esquire for James Whitney, President and Treasurer of J. Whitney Development Inc.: Accept and layout Jordan Ways as a public way. 49-05 Peter A. CampoBasso, Esquire for James Whitney, President and Treasurer of J. Whitney Development Inc.: Accept and layout Southers Crossing as a public way. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Michael B. Cooley – Planning Board – 60 days (to fill the unexpired term of Mary Olivier) Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was AMENDED. Vt. 8/0; GRANTED and ORDERED. Vt. 8 “yeas” C-35 Relative to the appropriation of $50,000.00 to the Department of Public Works Traffic Improvement Expense Account; same to be transferred from the Excess and Deficiency Account.(Amended to be transferred from FY 2005 Revenue to read from the Excess and Deficiency Account) ORDERED:- that the sum of Fifty Thousand Dollars ($50,000.00) be appropriated to the D.P.W. Traffic Improvement Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas” C-63 Relative to the appropriation of $5,000.00 to the City Council Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the City Council Expense Account; same to be transferred from the Excess and Deficiency Account. RE: funds are to be utilized for advertising expenses. REGULAR MEETING OF THE CITY COUNCIL, December 13, 2004, continued C-64 Relative to the appropriation of $7,500.00 to the Department of Public Works Sewer and Drainage Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Seven Thousand Five Hundred Dollars ($7,500.00) be appropriated to the Department of Public Works Sewer and Drainage Account; same to be transferred from the Excess and Deficiency Account. C-65 Relative to the appropriation of $12,450.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Twelve Thousand Four Hundred Fifty Dollars ($12,450.00) be appropriated to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Roof repair and window replacement. Upon recommendation of the FINANCE COMMITTEE, the following PETITION was GRANTED. Vt. 8/0 35-05 Claire M. Freda: Request the City Council and Mayor create an account funded by an appropriation by the Mayor of at least $10,000.00, or the amount deemed necessary by the DPW Director and the Mayor to allow the correction of drainage and water problems throughout the city. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 8/0 36-05 Massachusetts Electric Company and Verizon New England Inc.: Highland Avenue; Install one jointly owned pole and remove one jointly owned pole on Highland Avenue beginning at a point approximately 820 feet south of the centerline of the intersection of Lindell Avenue and continuing approximately 8 feet in a southerly direction. Upon request of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 8/0 C-66 Dean J. Mazzarella, Mayor: Request that the City Council endorse a petition amending Chapter 22 of the Revised Ordinances entitled Zoning by adding “No Zoning Ordinance shall be adopted or amended without notification to residents affected by said adoption or amendment. Notification of hearing shall be sent by mail, postage prepaid, to any such owner of record whose property lies in the district where the change is sought.” Upon request of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 8/0; A hearing was set for December 27, 2004 at 7:10 P.M. Vt. 8/0 38-05 Walter Sterling, Fire Protection Consultant for The Home Depot: Amend the license to store 36,682 gallons of flammable and combustible liquids, and aerosols and 14,618 cubic feet of flammable gases at 135 Commercial Road. Upon request of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 8/0; A hearing was set for December 27, 2004 at 7:15 P.M. Vt. 8/0 39-05 Daniel J. McCarty, McCarty Associates Inc. for CAMCO Manufacturing Inc.: Amend the license to store a total of 560,000 gallons of above ground flammable liquids at 163 Pioneer Drive. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were TABLED. Vt. 8/0 40-05 Edward Cataldo and Ten Registered Voters: Amend Article I of the Revised Ordinances, Section 22-12/12.5 non-conforming uses, structures and lots by adding “or for use authorized by Special Permit” to the end of section 12.5 and creating a new subsection 22-12.5.1 which will allow by Special Permit by the Board of Appeals an existing building in an Industrial or Commercial District to be used for other uses listed in Article II Section 22-26 as being permitted as of right or by Special Permit. C-67 Dean J. Mazzarella, Mayor: Declare the property owned by the City of Leominster located on Jungle Road, Assessors Map 304, Lot 2, be declared surplus and made available for sale according to M.G.L. Chapter 30B, Section 16. A Majority Report of the WAYS & MEANS COMMITTEE, to deny the following PETITION was DEFEATED. Vt. 2 “yeas” and 6“nays”; Councillor Marchand, Rowlands, Dombrowski, Robert Salvatelli, Rosa and Lanciani opposed. Upon recommendation of a Majority Report the following PETITION was GRANTED. Vt. 6 “yeas” and 2 “nays”; Councillor Freda and John Salvatelli opposed. 41-05 David E. Rowlands and Robert Salvatelli: Increase the salary of the Mayor by $10,000.00 effective January 1, 2006, $10,000.00 effective January 1, 2007 and $5,000.00 effective January 1, 2009, and on an annual basis thereafter, a percentage increase of the Mayoral Salary will be based on the annual consumer price index (CPI- U) of the previous calendar year, with a minimum of no increase and a maximum increase of 5%. Under Old Business Councillor Marchand said there was a meeting with the neighbors and current owner of the Carter School Building. He said that the assisted living proposal is no longer financially feasible and they want to put in condominiums plus eleven additional units behind the building. REGULAR MEETING OF THE CITY COUNCIL, December 13, 2004, continued Councillor Dombrowski said if anyone wants to attend the next Legal Affairs Committee meeting we will be putting together our own petition regarding mixed use. Councillor Dombrowski said that he was provided a copy of the covenant that is recorded at the Registry of Deeds regarding the over 55 requirement at the Bart’s Farm development and it absolutely is tied to occupancy not ownership. Councillor Dombrowski said he would like to have Matt Marro at the January 27, 2005 City Council meeting for an update on Shea Brook and Chicken Harbor. Council President Lanciani asked the City Council to rethink the minimum bid price that was put on the Emergency Management Building for $155,000. He said the only bid came in at $55,000. Councillor Lanciani said that he spoke with the Mayor and the Purchasing Agent and that building is in very bad shape and anyone going into it will have to make some major repairs. He said that his suggestion would be to remove the minimum bid price, put it out to bid again and accept the best price. Councillor Freda said she would like to see an appraisal done on the Emergency Management Building. She said that if a piece of real estate does not sell you lower the price, not drop it to whatever someone will pay for it. Councillor Marchand asked what the status of the property on Central Street is that Foster Healy was suppose to be building? Councillor Freda said that she heard through real estate circles that there is not clear title to the property and we probably should look into it. Councillor Freda said she wanted to mention that Councillor Nickel is doing well following his heart surgery. Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from table and placed on the calendar for action. It was so voted. Vt. 8/0. Committees report as follows: 34-05 McKenzie Engineering Co., Inc. on behalf of Adams Street Properties, LLC, Owners of land to be rezoned: Change the zoning district of land located at the southwest corner of the intersection of Adams Street and Cotton Street from Industrial (I) to Residence C (RC) as shown on Assessor’s Map 4, as lots 1 (4.52 acres) and 2 (0.2 acre); also change the zoning district of land contiguous to those parcels and westerly of Adams Street, southerly of Cotton Street, easterly of Cottage Street and northerly of Pleasant Street from Business B (BB) to Residence C (RC) shown on Assessors Map 3, as lots 14C (0.55 acre) total area to be rezoned is 5.27 acres to allow the redevelopment of the area into a residential townhouse development. GRANTED Vt. 8 “yeas” MEETING ADJOURNED: 10:15 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council