City Council

HEARING BEFORE THE CITY COUNCIL, MAY 9, 2005 Hearing opened at 6:34 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. except Councillor Dombrowski; Councillor Freda arrived late. The following PETITION was the subject of the hearing. 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. Councillor Marchand read a recommendation from the Planning Board which said that the Planning Board denied approval of this application. He said that the letter states that the applicant created their own hardship by selling the abutting property to CVS and that the granting of this petition would be pushing further into the neighborhood. HEARING BEFORE THE CITY COUNCIL, MAY 9, 2005, continued Councillor Marchand said that the Traffic Bureau recommendation said that the use of the property as a real estate office would not create much traffic but if any other use is considered they would like to re-evaluate the situation. Charley Valeri, 145 Starr Street spoke in support. He said that two-thirds of the CVS building is zoned Residence B. He said that the Building Inspector should not have given that building permit out, let alone allow it to operate for twenty-four hours. He said that harm has been done to abutting properties. Attorney George Watts said that the allowed use of the CVS property has impacted the three residential properties in the area. He said two of the three properties are for sale and maybe it would be appropriate in a larger study that the three properties be rezoned for limited commercial use. Ellen Goguen a realtor for Caldwell Banker representing Mr. and Mrs. Chie spoke in support. She said that it seems that the best use of that property is for Commercial use. She said between the MacDonalds drive thru and the CVS opened for twenty- four hours this property is not conducive to a family living there. No one in the audience spoke in opposition. Councillor Marchand asked if there was a zoning line issue or an ongoing dispute. Attorney Watts said he would not call it a dispute. He said that the official zoning map is a large area in small scale. He said that when you actually take measurements, the line of a pencil on the map could be a full lot. Attorney Watts said that with a series of overlays between the Assessors map and the Zoning map he came to the conclusion that the line bisected the CVS and that the Building Commission, Edward Cataldo agreed with him. Attorney Watts said there is a plan recorded by Whitman and Bingham that shows the zoning line is between the CVS and the Chie site. He said that they met with Mr. Cataldo and they took apart the CVS package and they could not find anything that shows a determination was made as to where the line was. Attorney Watts said that he met with Mr. Liscotti owner of the property who said that there must be a letter somewhere because the building department did make that determination. A recess was called at 6:50 P.M. Hearing reconvened at 7:07 P.M. Councillor Marchand said that the recommendation of the Legal Affairs Committee will be to give the petition Leave to Withdraw. Attorney Watts agreed and said they would come back with a petition that was more inclusive to the neighborhood and would not be considered spot zoning. HEARING ADJOURNED: 7:08 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MAY 9, 2005 Hearing opened at 7:12 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. Councillor Dombrowski arrived late. The following PETITION was the subject of the hearing 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. Councillor Marchand said that a recommendation from the Mayor said that he agrees with this petition except he would like the Zoning Board of Appeals be the permitting authority. Councillor Marchand said that a letter was received from Kerrie Carnes, Business Development Coordinator and Christopher Paquette, Economic Development Coordinator supporting the petition. He said that the letter states that three to four people inquire weekly about this and he feels that this is a huge number. HEARING BEFORE THE CITY COUNCIL, MAY 9, 2005, continued Councillor Marchand read the following letter from the Planning Board into the records: May 19, 2005 Ms. Lynn Bouchard Assistant City Clerk City of Leominster 25 West Street Leominster, MA 01453 Dear Ms. Bouchard: The Planning Board at its regularly scheduled meeting on May 17, 2005 discussed Petition 56-05, which refers to Industrial or Commercial districts and the ability of the Leominster City Council to grant a Special Permit allowing the re-use of an existing building for an otherwise non-permitted use. Below please find the amended Petition, which includes the recommended changes from the Leominster Planning Board: 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) 16.10.1, in an Industrial or Commercial district the City Council may grant a Special Permit allowing the re-use of an existing building that has been used as an Industrial building for a time period not less than five years 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) 16.10.2 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) 16.10.3 in granted a Special Permit to a specific use it will be exclusisve to that use (Per the Leominster Zoning Ordinance Table of Uses.) All other businesses may apply for a Special Permit exclusive to such new use or business. The Planning Board recommends that the Petition be removed from subsection 16.9 and be made its own subsection 16.10. The reason for this change is that 16.9 refers to Land (Per Leominster Zoning Ordinance, Page 22). To address the issue of Land (Subsection 16.9) the Planning Board will also submit a new petition that will address small parcels of Industrial Land and Variances to their use. Thank you in advance for considering these minor modifications and if the Planning Board can be of further assistance please do not hesitate to contact John Souza at 978-537-0833. Very truly yours, /s/ Andy Taylor, Acting Planning Director Tom MacNamara, 340 Elm Street spoke in support. He said that he is a Commercial Property Broker and he said on just two properties he has listed he has received forty-one request to locate commercial businesses in these two properties that are zoned industrial. He submitted a list of requests for the record. Nick Pirro, 58 Scenic Drive spoke in support. Hunter Gelinas, Denault Realty who represents the owner of 1285 Central Street, said that they currently have a Purchase and Sales Agreement on the property but the buyer wants to use it for commercial purposes. He said the sellers are long standing members of the community that are retiring and want to sell this property to another long standing business in the community. Richard Girardin, owner of G & S Tool and Die at 1285 Central Street said he is in the process of selling the building. He said they have been there for twenty-years and have just found out that they can no longer get a special permit as they always have. Barry Cosimi, 15 Federal Circle spoke in favor. He said there has always been a way to allow Commercial use in Industrial Zones but when they did the new Zoning Ordinances, whether in error or on purpose, they eliminated it. Attorney George Watts, representing Ann Normandin said that Mrs. Normandin is an owner of Industrial Property that she wishes to convert into residential. He said the amendment as presented is very broad and does give the City Council a lot of authority and power. He said that the City Council being the Special Permit granting authority allows them to look at each request and make conditions that are beneficial to the neighborhood. Attorney George Watts said that the Planning Board’s recommendation that you create a new Section 16.10 is appropriate. He said the way it is drafted right now you would be doing away with Section 16-9 and 16-9 is equally important because it deals with vacant land. Attorney Watts also said that subsection 3 reads that you may grant a permit for “a specific business or use but would be exclusive to that business.” He would suggest that it says “be exclusive to that business or use”. Councillor Marchand asked Attorney Watts if he would submit his suggested changes in writing to the City Clerk. Attorney Watts agreed. (Attorney Watts’s comments are on file in the City Clerk’s Office) HEARING BEFORE THE CITY COUNCIL, MAY 9, 2005, continued Fire Chief Alfred LeBlanc said there are a number of vacant buildings in the city that provide a challenge to the Fire Department. He said that these buildings can deteriorate and become a fire hazard. Chief LeBlanc said they have tried to deal with the problem with an abandoned building program. He said that they have had arson attempts and asks that you take this into consideration in your decision making process. Councillor Marchand asked if he would submit his comments in writing. (comments on file in the City Clerk’s Office.) Mayor Mazzarella said that everyone knows that we need to do something about vacant buildings. He said although he feels that this matter should rest with the Zoning Board of Appeals he doesn’t see why this ordinance could not be crafted to work. He said that he feels the three elements are flexibility, if it’s beneficial to the neighborhood and that the reuse is not substantially more detrimental to the neighborhood than the prior use. Mayor Mazzarella said that as things stand right now the city can not even entertain the use of other uses in industrial uses. Councillor Rowlands asked the Mayor what his position was regarding a use variance on an empty lot. Mayor Mazzarella said that there are residential properties that are zoned industrial that could never be used for industrial. He said we are looking to have the flexibility to accept good projects. Michael Quill, Tampa Bay, Florida spoke in support. His sister is an owner of property this petition would affect. He said that the City Council should take into consideration that this is also an outstanding way for the city to generate tax revenues. James Whitney, 50 Old Mill Road spoke in support. He said that the intent of this petition is not to get around mixed-use development it is for existing properties. Randy Bigelow, 51 Lincoln Street spoke in favor but he feels that the petition should include the Planning Boards suggestion to include land also. Charley Valera, 145 Starr Street and Carl DiMassa, 9 Kendall Hill Road, spoke in support. No one in the audience spoke in opposition. Councillor Dombrowski said that he generally likes the petition. Councillor John Salvatelli said he feels that we should not prolong the issue and we should just get it done. He said that the City Council is going to have complete control over every project under this ordinance so there is no need to delay this any further. Councillor Freda said she supports this petition. She said that we should look at the open space issue separately. A recess was called at 7:51 P.M. Hearing reconvened at 8:08 P.M. Councillor Lanciani spoke in support. He said that he is also interested in reviewing the open land amendment. Councillor Rosa speaking in support said he would support this petition as is or with an amendment to include land. Councillor Rowlands said that he will commit to supporting some form of a use variance but he does not want it to become a backdoor to rezoning. He said he does not want someone to get a variance, tear the building down and then build a new building. James Whitney said that his petition is for existing buildings only. He said it is not about tearing a building down and building another one. Councillor Robert Salvatelli asked Mr. Whitney who wrote this petition. Mr. Whitney said he did. He said that originally the Building Inspector, Edward Cataldo submitted a petition that he later withdrew. Mr. Whitney said he did a lot of modifications to Mr. Cataldo’s petition and this is what he came up with. Councillor Dombrowski said he will support this petition but is not ready to add the land use component to it yet. He said he would have some language changes to it but it would not affect the intent of the petition. Councillor Freda said that there should be some comfort in the fact that the petition says “the reuse of an existing building” and that should eliminate any fears because by tearing down the building they would be in violation of what they were given permission to do. HEARING ADJOURNED: 8:28 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, MAY 9, 2005 Meeting called to order at 8:07 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 28, 2005 and found to be in order. The records were accepted. A recess was called at 8:09 P.M. to continue the public hearing and to hold a public forum. Meeting reconvened at 8:37 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-143 Relative to the appropriation of $2,000.00 to the Sanitation Drainage Expense Account; same to be transferred from the Planning Department Salary and Wages Account. C-144 Relative to the appropriation of $13,000.00 to the Fire Department Expense Account; same to be transferred from the Fire Department Salary and Wages Account. C-145 Relative to the appropriation of $50,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-146 Relative to the appropriation of $8,000.00 to the Street Marking Expense Account; same to be transferred from the Snow and Ice Expense Account. C-147 Relative to the appropriation of $23,000.00 to the Street Lighting Expense Account; $15,000.00 to be transferred from the Snow and Ice Overtime Account and $8,000.00 to be transferred from the Snow and Ice Expense Account. C-148 Relative to the appropriation of $5,500.00 to the Zoning Board of Appeals Expense Account; same to be transferred from the Planning Department Salary and Wages Account. The following COMMUNICATION was received, referred to the CITY PROPERTY COMMITTEE and given REGULAR COURSE. C-149 Dean J. Mazzarella, Mayor: Request the property located at 145 Lancaster Street, Assessors Map 164, Lot 4, be declared surplus and made available for sale according to Massachusetts General Law, Chapter 30B, Section 16 and amend the original petition to lower the minimum bid and request a new RFP be prepared asking bidders to include information on their intended use of the property. The following PETITIONS were received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Mayor. 87-05 Richard M. Marchand: Install a street light with the appropriate illumination for public safety purposes on a pole located in the vicinity of 220 - 226 Merriam Avenue with the identification of Bell Atlantic 18S (GWF W- 7 08 SPPA 4-36. 88-05 Richard M. Marchand: Install a street light with the appropriate illumination for public safety purposes on a pole in the vicinity of 220-226 Merriam Avenue with the identification of MECO 10S. The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Police Chief and the Fire Chief. 89-05 Claire M. Freda on behalf of the Jamestown Common Homeowners Association: Block off Currier & Ives Road between Weathervane Drive and Jamestown Road on Saturday, June 18, 2005 from 3:00 P.M. to 7:00 P.M. for the purpose of holding a neighborhood block party. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Police Department. 90-05 Jacqueline Quinn: Grant a Hawkers & Peddlers license to sell balloons and novelties at the annual Starburst Festival to be held on June 11, 2005. 91-05 Michael Quinn: Grant a Hawkers & Peddlers license to sell balloons and novelties at the annual Starburst Festival to be held on June 11, 2005. 92-05 Allan Bernstein: Grant a Hawkers & Peddlers license to sell balloons and novelties at the annual Starburst Festival to be held on June 11, 2005. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board and the City Solicitor. A hearing was scheduled for June 13, 2004 at 6:30 P.M. REGULAR MEETING OF THE CITY COUNCIL, MAY 9, 2005, continued 93-05 David E. Rowlands, Richard Marchand, John Dombrowski, James Lanciani, Dennis Rosa and Robert Salvatelli: 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. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Cable TV Advisory Board – Rosemary Bracani – term to expire April 15, 2006 The following ONE-YEAR APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Emergency Management – Assistant Directors - James LeBlanc, Richard Gauvin Emergency Management – Deputy Directors - Alden Piper, Mark Lavoie, Thomas Piper, Daniel Thibodeau, Mark Darrigo Emergency Management – Auxiliary Police - Thomas Piper, John Caron,, Karen Nesbitt, Nikito Baker, Shawn Carlin Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-134 Relative to the appropriation of $14,000.00 to the Parking Meter Expense Account; same to be transferred from the Parking Meter Receipts for Appropriation Account. ORDERED: that the sum of Fourteen Thousand Dollars ($14,000.00) be appropriated to the Parking Meter Expense Account; same to be transferred from the Parking Meter Receipts for Appropriation Account. C-135 Relative to the appropriation of $15,000.00 to the Parking Meter Salary and Wages Account; same to be transferred from the Parking Meter Receipts for Appropriation Account. ORDERED:- that the sum of Fifteen Thousand Dollars ($15,000.00) be appropriated to the Parking Meter Salary and Wages Account; same to be transferred from the Parking Meter Receipts for Appropriation Account. C-136 Relative to the appropriation of $20,000.00 to the I.T.T.F. Expense Account; same to be transferred from the Unemployment Expense Account. ORDERED:- that the sum of Twenty Thousand Dollars ($20,000.00) be appropriated to the I.T.T.F. Expense Account; same to be transferred from the Unemployment Expense Account. C-137 Relative to the appropriation of $2,000.00 to the Conservation Commission Expense Account; same to be transferred from the Conservation Wetland Fees Reserved for Appropriation Account. ORDERED:- that the sum of Two Thousand Dollars ($2,000.00) be appropriated to the Conservation Commission Expense Account; same to be transferred from the Conservation Wetland Fees Reserved for Appropriation Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 7 “yeas” and 2 “nays”; Councillors Freda and Dombrowski opposed. C-138 Relative to the appropriation of $5,000.00 to the Highway Sidewalk and Curbing Expense Account; same to be transferred from the Planning Board Salary and Wages Account.  ORDERED:- that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Highway Sidewalk and Curbing Expense Account; same to be transferred from the Planning Board Salary and Wages Account. RE: Funds needed for patching materials for streets, berms and sidewalk repair. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nay”; Councillor Freda opposed. C-139 Relative to the appropriation of $10,000.00 to the Highway General Overtime Account; same to be transferred from the Snow and Ice Overtime Account. ORDERED:- that the sum of Ten Thousand Dollars ($10,000.00) be appropriated to the Highway General Overtime Account; same to be transferred from the Snow and Ice Overtime Account. RE: Funds needed for street sweeping, catch basins, drains and manhole repairs. REGULAR MEETING OF THE CITY COUNCIL, MAY 9, 2005, continued Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-140 Relative to the appropriation of $7,500.00 to the Emergency Management Agency Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of Seven Thousand Five Hundred Dollars ($7,500.00) be appropriated to the Emergency Management Agency Expense Account; same to be transferred from the Emergency Reserve Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was AMENDED Vt. 9 “yeas” and GRANTED AS AMENDED. Vt. 9 “yeas” Amended from $50,000.00 to $25,000.00. C-142 Relative to the appropriation of $25,000.00 to the City Solicitors Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the City Solicitors Expense Account; same to be transferred from the Emergency Reserve Account. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-141 Dean J. Mazzarella, Mayor: Request that private donations be accepted for the payment of moving services to be utilized by the public library in its move to its temporary location; services will be executed by National Library Relocations Inc. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW WITHOUT PREJUDICE. Bt. 9/0 139-96 Claire Freda: Close off the bridge on Old Mill Road or make Old Mill Road a “one-way” street from Bicentennial to Jungle Road. 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 recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 85-05 Claire Freda: Request that the City Council endorse a petition to amend the Leominster Zoning Ordinances by adding an In-law Apartment Zoning By-Law. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 86-05 Amy M. Pierce: Renew the license for seventeen pool tables at Leominster Billiards, 7 Mount Pleasant Avenue. Upon request of the CITY PROPERTY COMMITTEE, the following COMMUNICATION was given 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. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” Sealer of Weights and Measures – Joseph Quinn – term to expire April 15, 2006 Under Old Business, Councillor Lanciani said that the Extended Ways and Means Committee has been meeting to select a new City Clerk. He said that it is a unanimous selection of the committee to nominate Lynn Bouchard as their appointee He said there will be an interview with her before the next City Council Meeting, May 23, 2005 at 6:30 P.M Councillor Rowlands asked that Matt Marro update the Council regarding Pierce Pond. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for June 13, 2005 at 7:10 P.M. Vt. 9/0 1st Reading Ordinance – to amend Chapter 17- Plumbing, Section 17-3 of the Revised Ordinances entitled “Registration, notice and permit required” by deleting the fee schedule set forth in the third paragraph and replacing with a new fee schedule. REGULAR MEETING OF THE CITY COUNCIL, MAY 9, 2005, continued The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for June 13, 2005 at 7:20 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 4, Section 4-2 of the Revised Ordinances entitled “Gas piping installations and appliance fees” by deleting Section 4-2 and replacing with a new Section 4-2 to reflect a change in fees. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for June 13, 2005 at 7:30 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 4 entitled “Buildings” by deleting Sections 4-2.1 through 4-2.9 in their entirety and inserting in their place new sections 4-2.1 through 4-2.9 to reflect a change in fees.(Legal Affairs) The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for May 23, 2005 at 7:30 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 2, Article XIII – Department of Veterans’ Services, Section 2-15 entitled “Establishment; appointment, qualifications and term of director” by deleting the phrase “for a term of one year” and inserting in its place the phrase “for a term of three years.” Councillor President John Salvatelli said that he just wanted to make the Councillors aware that there is a proposal to put two hundred and fifty condominiums at the old Whalom Park site. He said that this will only add to traffic concerns in Ward One. Councillor Marchand, Chair of the LEGAL AFFAIRS 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. 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. LEAVE TO WITHDRAW WITHOUT PREJUDICE Vt. 8 “yeas”: Councillor Dombrowski abstained due to possible conflict of interest. 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” MEETING ADJOURNED: 10:22 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council