City Council

HEARING BEFORE THE CITY COUNCIL, December 27, 2004 Hearing opened at 7:00 P.M. with Councillor Freda, Clerk of the Public Service Committee presiding. All members were present except Councillor Nickel. The following PETITION was the subject of the hearing. 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. No one spoke in favor. No one spoke in opposition. No Councillors spoke. HEARING ADJOUNED: 7:03 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, December 27, 2004 Hearing opened at 7:03 P.M. with Councillor Freda, Clerk of the Public Service Committee presiding. All members were present except Councillor Nickel. The following PETITION was the subject of the hearing. 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. No one spoke in favor. No one spoke in opposition. No Councillors spoke. HEARING ADJOUNED: 7:05 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, December 27, 2004 Hearing opened at 7:10 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except for Councillor Nickel. The following PETITION was the subject of the hearing. 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. Attending the hearing and speaking in favor were Fire Chief Alfred LeBlanc, Jason Carter, Store Manager for the Home Depot and Walter Sterling , Fire Protection Consultant. Mr. Sterling spoke in favor. He said it is an upgrade to the paint department because they exceeded the amount on their license. Jason Carter said it allows for gasoline to be stored on site. He thanked Councillor Marchand for coming to the store. Councillor Marchand said he toured the store today and was very satisfied with the improvements that have been made. He read the department recommendation into the record. He said Home Depot has taken pro-active steps with the Fire Department. Councillor Marchand read the following conditions suggested by the Fire Department. 1. Fire protection systems about the site shall be maintained in complete working order at all times. Systems shall be tested in strict accordance with National Fire Protection Association criteria with documentation forwarded to the Fire Prevention Bureau. 2. Means shall be available to obtain emergency Materials Safety Date Sheets without delay. 3. Fire lane access shall be maintained about the property at all times. 4. Adequate materials shall be available on site for employees to handle spills or leaks; the Leominster Fire Department shall be notified without delay upon any spill or leak of flammable, combustible or toxic material. 5. A fire safety inspection shall be conducted by employees daily, at least once on each shift, with documentation of that inspection on forms approved by the Leominster Fire Department. Documentation on the past 90 days’ inspections shall be available in an orderly fashion for inspection by fire officers at any time requested. 6. No fire exit or emergency fire department access shall be blocked at any time. No one in the audience spoke. HEARING ADJOURNED: 7:30 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, December 27, 2004 Hearing opened at 7:31 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. 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. Daniel McCarty, McCarty Associates Inc. representing Randall Catalucci of CAMCO Manufacturing made a presentation using a diagram showing where the flammable liquids would be stored. Councillor Marchand read the following conditions suggested by the Fire Department to appear on the license. 1. This license is granted for the manufacturing and storage of windshield washer fluid and recreational vehicle antifreeze solution. 2. The flammable and combustible liquids involved in the process shall be handled and stored in strict conformance with National Fire Protection Association Standard NFPA-30 (203 ed.) and the requirements put forth in the narrative of the Fie Protection Engineer-of-Record. 3. Fire protection systems and equipment at the site shall be maintained in continuous active service at all times. 4. Adequate materials shall be maintained at the site for employees to deal with leaks and spills if they occur. The Leominster Fire Department shall be notified without delay on any leak or spill of flammable, combustible or toxic material. 5. Site-specific training shall be provided for all platoons of the Leominster Fire Department on a minimum of a semi-annual basis. Councillor Marchand asked Mr. McCarty if he agreed with the conditions and he said that he did. No one in the audience spoke. Councillor Robert Salvatelli asked how many employees there would be. Mr. Catalucci said he would have 10-12 employees. HEARING ADJOURNED: 7:49 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, December 27, 2004, 2004 Meeting called to order at 8:00 P.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 November 22, 2004 and found to be in order. The records were accepted. A Certificate of Achievement was presented to the Boy Scouts Pack 7 from St. Leo’s School by Council President Lanciani. A recess was called at 8:02 P.M. to conduct an interview and hold a public forum. Meeting reconvened at 8:17 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-77 Relative to the appropriation of $9,000.00 to the Highway Regular Labor Account; same to be transferred from the Excess and Deficiency Account. C-78 Relative to the appropriation of $10,000.00 to the Police Private Details Fund; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. C-79 Dean J. Mazzarella, Mayor: Request the establishment of a Summer Youth Donation Account as required by Chapter 44, Section 53A of the Massachusetts General Laws. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. 50-05 Leominster City Council: Amend the City of Leominster Zoning Ordinance Article 11, Subsection 22-24.2.5 concerning mixed use development projects in the Industrial Districts, by deleting subsections 24.2.5.1 through 24.2.5.2 in their entirety and substituting therefore new Subsections 24.2.5.1 through 24.2.5.5. REGULAR MEETING OF THE CITY COUNCIL, December 27, 2004, continued The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Police Department. 51-05 David Rowlands and Dennis Rosa: Request a truck exclusion on Prospect Street from the intersection of Prospect Street and Route 13, east to the intersection of Prospect Street and Harvard Street; also, on Harvard Street from the intersection of Prospect Street and Harvard Street, south to the intersection of Harvard Street and Orchard Hill Park Drive. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. An interview will be held on January 10, 2005. Richard J. Lavers Jr. – Conservation Commission – term to expire April 15, 2007 Nancy Piermarini – Registrar of Voters – term to expire April 15, 2005 (to fill the unexpired term of Sheila Rockwell) Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas” 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. ORDERED:- that the sum of One Hundred Twenty Five Dollars ($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. ORDERED:- that the sum of Two Thousand Five Hundred Dollars ($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. ORDERED:- that the sum of One Thousand Five Hundred Dollars ($1,500.00) be appropriated 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. ORDERED:- that the sum of Two Thousand Three Hundred Dollars ($2,300.00) be appropriated 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. ORDERED:- that the sum of Two Thousand Four Hundred Dollars ($2,400.00) be appropriated 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. ORDERED:- that the sum of Four Thousand Dollars ($4,000.00) be appropriated 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. ORDERED:- that the sum of One Hundred Seventy Five Thousand Dollars be appropriated to the Interest on Loans Expense Account; same to be transferred from the Excess and Deficiency Account. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 8/0 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. REGULAR MEETING OF THE CITY COUNCIL, December 27, 2004, continued Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITIONS were TABLED FOR STUDY. Vt. 8/0 48-05 Peter A. CampoBasso, Esquire for James Whitney, President and Treasurer of J. Whitney Development Inc.: Accept and layout Jordan Way 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. Upon request of the LEGALS AFFAIRS COMMITTEE, the following COMMUNICATION was TABLED FOR STUDY. Vt. 7/0; Councillor Robert Salvatelli was absent. 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 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. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were GRANTED with conditions set by the Fire Department. 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. 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. 44-05 Ann B. Mahan, City Clerk: Increase Special Permit and Rezoning filing fees from $75.00 to $200.00. Upon request of the LEGAL AFFAIRS COMMITTEE the following PETITION was given FURTHER TIME. Vt. 8/0 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. Upon recommendation of the LEGAL AFFAIRS COMMITTEE the following PETITION was GRANTED. Vt. 8/0 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. Upon request of the LEGAL AFFAIRS COMMITTEE the following PETITION was given FURTHER TIME. Vt. 8/0 47-05 Claire Freda for Veronica Lorenzen: Place “no parking” signs on Lancaster Street from Litchfield Street to Elm Hill Ave. Upon recommendation of the WAYS & MEANS COMMITTEE the following COMMUNICATION was GRANTED. Vt. 8/0 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. A recess was called at 9:44 to allow the Mayor to speak relative to the following appointment. Meeting reconvened at 9:54 P.M. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 6/2; Councillors Rosa and Rowlands opposed. They voted against it being only a 60 day appointment. Michael B. Cooley – Planning Board – 60 days (to fill the unexpired term of Mary Olivier) Under Old Business and upon recommendation of the LEGAL AFFAIRS COMMITTEE the extention of the following 45 day permit was DENIED. Vt. 8 “yeas” 19-05 Doug Wynne, Three-A Sac Self-Storage: Grant a Special Permit to allow Amerco Real Estate Company an extension of a temporary permit to use the existing trailer as an office for the U-Haul Business located at 438 Harvard Street. REGULAR MEETING OF THE CITY COUNCIL, December 27, 2004, continued Under Old Business and after discussion with Councillor Freda, Clerk of the Public Service Committee, Councillor Rowlands cancelled the meeting relative to the North Leominster Pumping Station at Sky View Middle School that was scheduled for January 5, 2005. Councillor Rowlands said they will wait for the Public Service Committee to reschedule. The following ORDINANCE was read once and ADOPTED as presented. Vt. 8 “yeas”. A hearing was held on December 13, 2004. 1st Reading Ordinance – To amend Chapter 22 of the Revised Ordinances entitled “Zoning” by changing the Leominster Zoning Map, so that parcels of land located at the southwest corner of the intersection of Adams Street and Cotton Street are changed from Industrial (I) to Residence C (RC) as shown on Assessors Map 4, as lots 1 (4.52 acres) and 2 (0.2 acres); and so that a parcel of land continuous to those parcels and westerly of Adams Street, southerly of Cotton Street, easterly of Cottage Street and northerly of Pleasant Street is changed from Business B (BB) to Residence C (RC) as shown on Assessors Map 3, as lot 14C (0.55 acres), total area to be rezoned is 5.27 acres. Under New Business, Council President Lanciani reminded the entire Council that the Inauguration and organizational meeting would be held on January 3, 2005. He also asked them to read the letter they received from the Purchasing Agent relative to the surplus property at 145 Lancaster Street. The City Clerk presented outgoing Council President James Lanciani Jr. with a plaque and gavel in recognition of his two years as President. The Council rules only allow a President to serve for two years. MEETING ADJOURNED: 10:34 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council