City Council

HEARING BEFORE THE CITY COUNCIL, APRIL 11, 2005 Hearing opened at 6:33 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 53-05 Leominster City Council; Richard Marchand, David Rowlands, Wayne Nickel, Robert Salvatelli, John Dombrowski and Dennis Rosa: Amend the City of Leominster’s 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. Arthur DiGeronimo Jr., 294 Hill Street spoke in favor. He said that he doesn’t believe this petition goes far enough but he does believe the decision of mixed use should reside with the City Council. Mr. DiGeronimo said that he feels that the problem with mixed-use in the city is with the definitions. He said he doesn’t feel there were any real big problems with the rezoning that was done in 2001. He said the technical changes of 2003 have created the two big projects that are now underway where various retail uses are considered mixed-use. Mr. DiGeronimo said that he doesn’t feel the city needs another comprehensive zoning plan as the Mayor has suggested because the one done in 2001 was sufficient. He feels this is a step in the right direction and the Council needs to look at the definitions that were changed in 2003. Mr. Alan Bernstein, 86 Scenic Drive spoke in support. He said that the current mixed use provision does not give the citizens of Leominster to a voice except through judicial process. Gail Suyemoto, 25 Cloverleaf Road spoke in support. She said that the accountability of the City Council is where mixed-use should be. She said that the Planning Board is not accountable to the voters and they should not decide the largest mixed-use projects. Joshua Sanderski, 305 Lancaster Street spoke in support. He said that he likes the idea that the City Council has final say because they can be held accountable. No one in the audience spoke in opposition. Councillor Marchand said that Judith Cutler from Kopelman and Paige is here to answer any questions the Councillors have. Councillor Rowlands said that at the Planning Board hearing the other night it was suggested by some of their members that we get rid of mix use completely. He said that when this was suggested back in December of 2003 the Planning Board had many reasons why that couldn’t be done, one of them being that it may effect pending litigation. Councillor Rowlands said that he has a letter from Kopelman & Paige dated June 3, 2004 saying that it would be grandfathered. Attorney Cutler said that a Special Permit must be filed and granted in order for it to be grandfathered. She said that now that she thinks about it they probably did not have a Special Permit but had just site plan approval. Councillor Rowlands said that if we were to wait for the courts to finish and the appeals to be done it could be four or five years before we change our zoning. Attorney Cutler said if the Council is worried about loopholes in the current zoning ordinance it is probably better not to wait. Councillor Rowlands said with zoning the way it is right now, hypothetically there could be a one hundred acre site and sixty six and two thirds acres of it could be swamp land and the remaining thirty three and one third could become a shopping mall. He said that this would meet the one-third commercial allowance on industrial land on properties over twenty acres even though the remaining two-thirds is undevelopable. Councillor Rowlands said there is a mind set that says we have to do the whole Zoning Ordinance over again. He said that we do not need to redo this every three years, what we need to do is fine tune what we have and close up the loopholes. Attorney Cutler said that zoning in Massachusetts is a little more cumbersome than in other states. She said that zoning is not meant to be a static, never change document and often the loopholes are not recognized until the zoning is put into practice. Councillor Dombrowski asked if the two projects that have been appealed to the courts were to be overturned would the applicants be subject to this new zoning ordinance. Attorney Cutler said if the court decided against the applicant they have no ability to apply under the old zoning if you were to change it. She said that you never know what courts are going to do but they do look at equity situations and there are times they stop the zoning and allow someone to come back under the old zoning. Councillor Dombrowski asked if Attorney Cutler could propose any language changes that would ease the technical burden to the City Council. Attorney Cutler said she feels that it is difficult to grant a special permit if you do not know what the Planning Board is going to recommend with site plan approval. She said that at the Legal Affairs Committee Meeting they came up with a compromise where the City Council will get just enough technical information and that the site plan would be limited to the details. Attorney Cutler said that what she included was bare bones information that the developer is going to have to supply for the site plan anyways and is not at a high level of detail. Council President Robert Salvatelli referred to the former Planning Board Director’s opinion regarding the pitfalls that the City Council may fall into. He said that he feels that there are really only three major parcels left in the city that would be affected; HEARING BEFORE THE CITY COUNCIL, APRIL 11, 2005, continued Jungle Road, Tanzio Park and the property off Route 2. Councillor Salvatelli asked that Attorney Cutler look over this opinion and supply the Council some feedback. Councillor Nickel said that he only received the Planning Board recommendation this afternoon so he would need more time. He asked if the changes proposed would allow the City Council to require independent engineers. Attorney Cutler said that would not be addressed in the Zoning Ordinance. She said that as a special permit granting authority you could adopt regulations that would require that. Councillor Marchand said that the Planning Board’s recommendations were only received today so no one has really had a chance to go over them. Councillor Rosa said that he had originally submitted this petition to give the City Council sole permitting authority. He said that this has had so many modifications and amendments that it got away from his original intent. He said that when the document was changed from 20 acres to 2 acres it was not changed in all portions of the ordinance. He said he has some concerns. Councillor Rowlands said he fails to see where this ordinance would make things any worse. He said he feels there is never going to be a silver bullet that addresses every issue. He said that he too agrees with Councillor Dombrowski that we may be scaring away good projects but the current situation where every project is in court is worse. Councillor Rowlands said that this is about the City Council having a voice. Councillor Rowlands said in a letter dated June 22, 2004 the Planning Board gave a favorable recommendation to eliminate all mixed use industrial zoning except where mixed use projects are underway and give special permit granting authority to the City Council for sites over 20 acres. He said that this would mean that the City Council would have authority on all mixed use projects. HEARING ADJOURNED: 7:30 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, April 11, 2005 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. The Committee on Records reported that the records were examined through March 14, 2005 and found to be in order. The records were accepted. A recess was called at 8:01 P.M. to continue the public forum. Meeting reconvened at 8:05 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-128 Relative to the appropriation of $3,500.00 to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-129 Relative to the appropriation of $3,000.00 to the Sanitation/Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. C-130 Relative to the appropriation of $3,500.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. C-131 Relative to the appropriation of $16,000.00 to the Police Courthouse Expense Account; same to be transferred from the Police Department Salary and Wages Account. C-132 Relative to the appropriation of $56,000.00 to the Police Department Overtime Account; same to be transferred from the Police Department Salary and Wages Account. C-133 Relative to the appropriation of $52,000.00 to the Police Department Expense Account; same to be transferred from the Police Department Salary and Wages Account. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. 76-05 David Rowlands: Request that the City Council endorse a petition to amend the Leominster Zoning Ordinance dated July 1, 2001 with amendments through January 27, 2003 with the purpose of removing Mixed Use Development Project or Mixed Use Zoning in its entirety by amending 1.) Section 22-24 – Industrial District by eliminating Section 24.2.5 in its entirety including all subsections; 2.) Section 22-26 Table of Uses by removing “Mixed Use Development Project” in its entirety and 3.) all sections that make references to Mixed Use Development Projects or Mixed Use Zoning by removing them in their entirety. REGULAR MEETING OF THE CITY COUNCIL, April 11, 2005, continued The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Traffic Department. 77-05 Robert A. Salvatelli: Place “no parking” signs for 150 feet along the left side of Phillips Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Conservation Commission, the Fire Department, the Board of Health and the Department of Public Works. A hearing was set for May 23, 2005 at 7:00 P.M. Vt. 9 “yeas” 78-05 Wachusett Development and Construction, Inc.: Grant a Special Permit to expand parking by 8 spaces on the west side of the building at 166 Hamilton Street located within a flood plain. The following PETITIONS were received, referred to the LEGAL AFFAIRS & PUBLIC SAFETY COMMITTEES, given REGULAR COURSE and referred to the Fire Department, the Health Department, the Environmental Inspector and the Building Inspector. 79-05 Claire Freda: Amend Section 12-2 of the Revised Ordinances entitled “Fees-Schedule” by adding 7(b)(1) Any license or permit to store chemicals in solid, liquid or gaseous form with the intent that these chemicals be used in any type of manufacturing must be reviewed by the City Council every five years. 80-05 Claire M. Freda: Amend Chapter 12 Section 12-1 by adding Sections 12-1 (f through I); (f) any applicant requesting a permit or license to store chemicals in solid, liquid or gaseous form to be used in any type of manufacturing shall be required to provide a comprehensive scope to determine type of work to be done on site; (g) any business entity requesting permit or license that requires storage of any chemicals in solid, liquid or gaseous form with the intent that they be used in any type of manufacturing shall not be granted license until application is reviewed by an independent expert in the field as determined by the City Council at the proponents expense; (h) any Company deemed to be creating a hazardous environment as defined by independent expert shall not be allowed to locate within 1,000 feet of a residential area, school, or daycare center; (I) Employees Right To Know will be on file in the City Clerk’s Office. The following PETITIONS were received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Mayor. 81-05 David Rowlands: Place a streetlight on pole #2 on Stuart Avenue. 82-05 Wayne A. Nickel: Place a streetlight on poles #2 and #4 on Webber Street. 83-05 Wayne A. Nickel: Place a streetlight on pole #23 on Johnny Appleseed Lane. 84-05 Wayne A. Nickel: Place a streetlight on pole #4 on Ash Street. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE. Historical Commission – Leon Christoforo – term to expire 4/15/08 (to fill the un-expired term of Dr. George Bond) Historical Commission – David Chester – term to expire 4/15/08 License Commission – Paul Leblanc – term to expire 4/15/09 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-117 Relative to the appropriation of $51,500.00 to the Library Expense Account; same to be transferred from the Library State Aid Reserved for Appropriation Account. ORDERED:- that the sum of Fifty One Thousand Five Hundred Dollars ($51,500.00) be appropriated to the Library Expense Account; same to be transferred from the Library State Aid Reserved for Appropriation Account. C-118 Relative to the appropriation of $12,500.00 to the City Clerk Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Twelve Thousand Five Hundred Dollars ($12,500.00) be appropriated to the City Clerk Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. C-119 Relative to the appropriation of $5,000.00 to the Highway Labor Account; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Highway Labor Account; same to be transferred from the Emergency Reserve Account. RE: Part time sweepers. REGULAR MEETING OF THE CITY COUNCIL, April 11, 2005, continued C-120 Relative to the appropriation of $12,000.00 to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Account. ORDERED:- that the sum of Twelve Thousand Dollar ($12,000.00) be appropriated to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-121 Relative to the appropriation of $2,000.00 to the Cemetery Salary and Wages Account; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of Two Thousand Dollars ($2,000.00) be appropriated to the Cemetery Salary and Wages Account; same to be transferred from the Emergency Reserve Account. C-122 Relative to the appropriation of $6,500.00 to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. ORDERED: that the sum of Six Thousand Five Hundred Dollars ($6,500.00) be appropriated to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-123 Relative to the appropriation of $25,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-124 Relative to the appropriation of $25,000.00 to the Fire Department Overtime Account; same to be transferred from the Fire Salary and Wages Account. ORDERED:- that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Fire Department Overtime Account; same to be transferred from the Fire Department Salary and Wages Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were RATIFIED. Vt. 9 “yeas” C-125 Relative to the appropriation of $35,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account.(Granted on March 28, 2005 as an emergency preamble, another vote required) C-126 Relative to the appropriation of $35,000.00 to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. .(Granted on March 28, 2005 as an emergency preamble, another vote required) Upon recommendation of the FINANCE AND LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/0; Councillor Freda abstained due to a possible conflict of interest. C-127 Dean J. Mazzarella, Mayor: Adopt the Optional Additional Real Estate Exemptions, Chapter 126 of the Acts of 1988, which amended Section 4 of Chapter 73 of the Acts of 1986 and adjusts the amount of the exemption for those qualified under Section 5 of M.G.L. Chapter 59 to reflect an increase in the current factor of 1.25 to 1.30 effective for Fiscal Year 2006. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 6 “yeas” and 3 “nays”; Councillors John Salvatelli, Claire Freda and Lanciani opposed. 53-05 Leominster City Council; Richard Marchand, David Rowlands, Wayne Nickel, Robert Salvatelli, John Dombrowski and Dennis Rosa: Amend the City of Leominster’s 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. A recess was called at 8:55 P.M. to allow the Purchasing Agent Greg Chapdelaine to speak. Meeting reconvened at 9:19 P.M. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED as AMENDED. Vt. 6/3; Councillors Freda, Rosa and Nickel opposed. Amended to change Section 4.2.3 (b) from five dollars to ten dollars. 64-05 John M. Dombrowski: Amend Chapter 4, Sections 4-2.1 through 4-2.9 of the Revised Ordinances entitled “Buildings” by increasing the fees therein to ensure that the costs to the city of providing inspections and services associated with same are covered and that the fees are comparable to those similar fees being charged by other municipalities. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED as AMENDED. Vt. 8/1; Councillor Rosa opposed. Amended to reflect the following changes in fees: Second Water Meter Residential $28.00, Second Water Meter Fee Commercial $35.00, Replacement of Hot Water Heaters(Single and two family) $20, Replacement of Gas Appliance (Single & two family) $20.00, Replace of Hot Water Heater(Commercial) $30.00, Replacement of Gas Appliance $30.00, Second Water Meter (Demolished Buildings - Residential) $40.00, Second Water Meter (Demolished Buildings -Commercial) $50.00. REGULAR MEETING OF THE CITY COUNCIL, April 11, 2005, continued 65-05 John M. Dombrowski: Amend Chapter 17 of the Revised Ordinances by increasing the Plumbing and Gas Permit fees to ensure that costs to the City of providing inspections and services associated with same are covered and that the fees are comparable to those similar fees being charged by other municipalities. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 8/1; Councillor Rosa opposed. 69-05 David Rowlands: Request that the Zoning Board of appeals adopt M.G.L. Chapter 44, Section 53G relative to the employment of outside consultants. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 9/0 70-05 David Rowlands: Request that the Planning Board adopt M.G.L. Chapter 44, Section 53G relative to the employment of outside consultants. 71-05 David Rowlands: Request that the Conservation Commission adopt M.G.L. Chapter 44, Section 53G relative to the employment of outside consultants. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY. A hearing was set for May 23, 2005 at 6:30 P.M. Vt. 8/0; Councillor Dombrowski abstained due to a possible conflict of interest. 72-05 Thomas Shea and Ten Registered Voters: Rezone a parcel of land at the intersection of Jytek Drive and Central Street shown on Assessor’s Map 499 as Lot #22 from Industrial to Commercial to allow for the development of this land consistent with adjacent parcels on Central Street which are currently being used as commercial properties. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 73-05 Maribel Fournier: Amend Chapter 2 Section 2-15 of the Revised Ordinances by changing the Director of Veterans Services appointment from a one year to a three year appointment. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 74-05 Linnea M. Romhanyi: Request a traffic study on High Street to investigate the possibility of making it a dead- end or one way street. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 67-05 Aime Lemoine: Renew license for one pool table at Seven R’s, d/b/a A & R’s Double Inn, 166 Water Street. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 8/0; Councillor Dombrowski abstained due to a possible conflict of interest. 68-05 Craig Long: Renew license for two pool tables at Jake’s Pub, Inc. d/b/a Hot Shotz, 1293 Main Street. Upon request of the WAYS & MEANS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 75-05 Phillip McBain: Renew the license for two pool tables at Captains Lounge, 1536 Main Street. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 9 “yeas” Emergency Management Agency – Christopher Tourigny Upon recommendation of the WAYS & MEANS COMMITTEE, the following RE-APPOINTMENT was CONFIRMED. Vt. 8 “yeas” and 1 “nay”; Councillor Rowlands opposed. Board of Appeals – term to expire April 15, 2008 - Stephen A. Decarolis Upon recommendation of the WAYS & MEANS COMMITTEE, the following RE-APPOINTMENT was CONFIRMED. Vt. 8 “yeas” and 1 “nay”; Councillor Freda opposed. Board of Appeals – term to expire April 15, 2008 - Mary Ann Cormier Upon recommendation of the WAYS & MEANS COMMITTEE, the following RE-APPOINTMENT was CONFIRMED. Vt. 7 “yeas” and 2 “nays”; Councillors Freda and Rowlands opposed. Board of Appeals – term to expire April 15, 2008 - Joseph Tocci Upon recommendation of the WAYS & MEANS COMMITTEE, the following RE-APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” Board of Appeals – Alternate Member –term to expire April 15, 2006 Lee Baron Board of Assessors – term to expire April 15, 2008 - Norman Melanson REGULAR MEETING OF THE CITY COUNCIL, April 11, 2005, continued Conservation Commission – term to expire April 15, 2008 - Peter Lanza Doyle Field Commission – term to expire April 15, 2008 - Ernest L. Rooney Historical Commission – term to expire April 15, 2008 - Robert A. Saudelli, Ann Fraturelli Housing Authority – term to expire April 15, 2010 - Yanneth Bermudez-Camp Library Board of Trustees – term to expire April 15, 2008 Nancy Hicks, Jeanne Zephir Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 8 “yeas” and 1 “nay”; Councillor Rowland opposed. Planning Board – term to expire April 15, 2010 -John J. Souza Upon recommendation of the WAYS & MEANS COMMITTEE, the following RE-APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” Planning Board – term to expire April 15, 2010 – Mike Cooley Recreation Commission – term to expire April 15, 2008 - Patricia Caisse, Lionel A. Charpentier, Jodie L. Dube Registrar of Voters – term to expire April 15, 2008 - Nancy Piermarini Trust Fund Commission – term to expire April 15, 2008 - John E. Howard Wastewater Plant Commission – term to expire April 15, 2008 - Ricky Melanson Council on Aging – term to expire April 15, 2008 - Dorothy Fantozzi, Diane Perkins, Lorette M. Johnson Treasurer and Collector – term to expire April 15, 2008 - David LaPlante Cable TV Advisory Board Commission – term to expire April 15, 2008 - Richard J. Hopkins Director of Veterans Services – term to expire April 15, 2008 - Richard Voutour Personnel Director – term to expire April 15, 2008 - Maribel Fournier Cultural Commission – term to expire April 15, 2008 - Donna Chalifoux Upon recommendation of the WAYS & MEANS COMMITTEE, the following ONE YEAR APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” Fence Viewer - John LaRose Forest Warden - Paul Kennedy Insect and Pest Control – Neil Taylor Supt. Gypsy & Brown Tail Moths – Neil Taylor Veterans Burial Agent – Victor W. Leger Veterans Care of Graves – Ralph Sacramone Weigher of Beef – Michael Ciccolini Weigher of Chemicals – Delta Bulk Packaging Weigher of Hay – Henry LaRose Trustees of Soldiers Memorials – Pelino Masciangioli, Kenneth Gurge Under New Business, Councillor Marchand expressed his displeasure with the delays in installing the new equipment that was donated to the Charmet Playground. Councillor Lanciani said that he was able to find out that the property on Orchard Street, formally the detox center has been taken over by a community health link that is run by U-Masss Memeorial. He spoke to the CEO and found out that they are part of the Herbert Lipton Center. Councillor Lanciani submitted a letter to be distributed to the Council relative to this property. Councillor Marchand said he went to the property and found out that it is now a Battered Woman Shelter. REGULAR MEETING OF THE CITY COUNCIL, April 11, 2005, continued Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was TABLED FOR STUDY. Vt. 9 “yeas” 1ST Reading Ordinance – to amend City of Leominster’s 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. Upon request of the FINANCE COMMITTEE, the following LOAN ORDER was given FURTHER TIME. Vt. 9 “yeas” 2ND Reading Loan Order – Ordered that the sum of $250,000.00 hereby be appropriated for the cost of renovating, reconstructing and making extraordinary repairs to Doyle Field, and for the payment of all other costs incidental and related thereto, and to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore, and to authorize and direct the appropriate officials of the City to apply for and accept any grants or gifts that may be available to the City on account of this project.(A hearing is scheduled for April 25, 2005 at 7:00 P..M.) Councillor 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. A hearing was scheduled for May 9, 2005 at 6:30 P.M. Vt. 9/0. Committees report as follows. 54-05 Hee Man Chie and Julia Chie: Extend the Commercial zoning area at the corner of Nelson and North Main Street to include 29 Nelson Street currently zoned Residence B, as shown on Assessors Map 195, lot 13. TABLED FOR STUDY; Vt. 9 “yeas” Councillor 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. A hearing was scheduled for May 9, 2005 at 6:45 P.M. Vt. 9/0. Committees report as follows. 56-05 Ten Registered Voters, submitted by James Whitney: Amend Chapter 22, Article II, Section 22-16 of the Revised Zoning Ordinances entitled “Generally Permitted Uses” by adding new subsections (1) 16.9.1, in an Industrial or Commercial district the City Council may grant a Special Permit allowing the re-use of an existing building for a use not otherwise permitted in the district in which the building is located. The new use is one listed in Article II Section 22-26 as being permitted as of right or as being allowed subject to a Special Permit requirement in a Residence, Business, Commercial or Industrial district, exclusive of Adult Entertainment uses; (2) 16.9.2 the City Council shall find that the proposed reuse will not be substantially more detrimental to the neighborhood than the prior use and such permits may also impose conditions, safeguards and limitations on time or use. (3) 16.9.3 in granting a Special Permit to a specific business or use it will be exclusive to that business. All other businesses must apply for a Special Permit exclusive to such new use or business. TABLED FOR STUDY; Vt. 9 “yeas” Councillor Dombrowski, Chair of the CITY PROPERTY COMMITTEE, moved that the following PETITIONS be removed from the table and placed on the calendar for action. It was so voted. Vt. 9/0. Committees report as follows. C-8 (2003) Dean J. Mazzarella, Mayor: Request that the parcel of land at 35 Page Avenue, as shown on Map 382, Lot 9 be declared surplus. FURTHER TIME Vt. 9/0 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. FURTHER TIME Vt. 9/0 Under Old Business, Councillor Marchand said that the revised plans for Route 12 are available for review in the Mayor’s office. He also said that the downtown association is looking for volunteers for their annual clean-up date on April 23, 2005. Councillor Dombrowski said that the City Property Committee would like to have the Lancaster Street fire station petition put on the agenda for the next council meeting. Council President Robert Salvatelli said that the new sheriff, Guy Glodis has appointed a full time gang prevention officer who will be working in the Worcester County area and will be made available to the city. Council President Robert Salvatelli said that he is working with the Mayor regarding drainage issues in the city. He said he e-mails the Mayor often regarding issues the City Council have. Councillor Freda said the city is getting $680,000.00 back in Chapter 9 money. She said that many of these projects could be funded out of that money. Council President Robert Salvatelli said there is a meeting tomorrow night on the Rockwell Pond issue. MEEETING ADJOURNED: 11:10 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council