City Council

HEARING BEFORE THE CITY COUNCIL, MAY 23, 2005 Hearing opened at 6:36 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present except for Councillor Dombrowski. The following PETITION was the subject of the hearing. 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. Councillor Marchand stated for the record that the public hearing notice was posted and published in the Sentinel and Enterprise on May 9, 2005 and May 16, 2005. He said that positive recommendations were received from the Police Department, the Assessor, the Conservation Commission, the Fire Department, the Building Inspector and the Department of Public Works. Councillor Marchand said in response to his inquiry, the Assessors office said the owner of the property was Margot Xarras. Councillor Marchand said that the Planning Board will be conducting their hearing on June 7, 2005. Thomas Shea, 108 Walnut Street spoke in favor of this petition. He said that the land is zoned Industrial and he wants to rezone it to Commercial to build a restaurant. Rosemary Bricani, 149 Avon Street spoke in favor. No one spoke in opposition. Councillor John Salvatelli said that he looked over the property in question and feels this would benefit the city. HEARING ADJOURNED: 6:40 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MAY 23, 2005 Hearing opened at 7:00 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 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. Introduced and made a part of the records were the following: A. Petition 78-05 submitted by Wachusett Development and Construction, Inc. with accompanying plan entitled “Grading and Utilities Plan, Hamilton Street, Leominster MA” dated March 17, 2005 and prepared by Hamwey Engineering Inc., 14 Manning Avenue, Suite 308, Leominster, MA 01453. B. Notice of public hearing published in the Sentinel & Enterprise on May 9, 2005 and May 16, 2005. C. Positive recommendations were received for the Planning Board, Conservation Commission, Department of Public Works, and the Health Department. No recommendation was received from the Building Inspector. Mark Piermarini, Hamwey Engineering was in attendance representing Wachusett Development and Construction Inc. He said the site is located on Hamilton Street. He said they want to add eight parking spaces on the west side of the building and reconfigure the parking lot so it is one way in and one way out. Mr. Piermarini said they are not filling floodplain. He said the ground is actually going to be depressed a half foot so it will actually increase flood plain storage. Councillor Nickel asked what they will be doing with the fill when they go down in elevation. Mr. Piermarini said it would be brought off site. Councillor Nickel asked where they stand on snow storage. Mr. Piermarini said the existing site has snow storage in the back and that is where it will remain. Councillor Marchand asked if the curb cut or sidewalks on Hamilton Street will be affected? Mr. Piermarini said that there are not any sidewalks on that side of the street. He said that there is one existing curb cut and they will be decreasing the size of the entrance when they make it one-way. Mr. Marchand asked for a copy of the site plan approval. Councillor Marchand asked if there is no parking on that side of the street. Mr. Piermarini said there was no parking allowed. No one spoke in opposition. Land is presently in an Industrial Zone. Due to the fact that the land is in a Flood Plain zone a Special Permit issued by a two-thirds vote of the City Council is necessary to carry out this proposed construction in accordance with Chapter 22 of the Revised Ordinances Zoning Article V Permitted Uses, Section 22.37/37.3. HEARING ADJOURNED: 7:08 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MAY 23, 2005 Hearing opened at 7:30 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 2, Article XIII – Department of Veterans’ Services, Section 2-15 of the Revised Ordinances 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.” Councillors Dombrowski, Freda, Nickel, Lanciani, Rosa and Rowlands all spoke in support. No one spoke in opposition. No one in the audience spoke. HEARING ADJOURNED: 7:33 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, MAY 23, 2005 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. A moment of silence was observed for Herman Bourque a long time City Councillor from the City of Fitchburg who recently passed away.. A recess was called at 8:02 P.M. to continue the public hearings and hold a public forum. Meeting reconvened at 9:06 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-150 Relative to the appropriation of $4,500.00 to the Health Department Expense Account; same to be transferred from the Health Department Salary and Wages Account. C-151 Relative to the appropriation of $14,700.00 to the Sanitation/Drainage Expense Account; same to be transferred from the Street Cleaning Expense Account. C-152 Relative to the appropriation of $16,000.00 to the Municipal Building Expense Account; same to be transferred from the Interest on Loans Expense Account. C-153 Relative to the appropriation of $180,000.00 to the Police Capital Outlay Expense Account; same to be transferred from the Sale of Real Estate Fund. REGULAR MEETING OF THE CITY COUNCIL, MAY 23, 2005, continued The following COMMUNICATIONS were received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Mayor. C-154 Dean J. Mazzarella, Mayor: Adopt Massachusetts General Law Chapter 148, Section 26 H relative to automatic sprinklers in existing lodging or boarding houses. C-155 Dean J. Mazzarella, Mayor: Adopt Massachusetts General Law Chapter 148, Section 26 I, relative to automatic sprinklers in new construction of four or more dwelling units. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Health Department, the Building Inspector, the Conservation Commission and the City Solicitor. A hearing was set for June 27, 2005 at 6:30 P.M. Vt. 9/0 94-05 Leominster City Council; Claire M. Freda, Dennis A. Rosa, James Lanciani Jr., John Dombrowski, John A. Salvatelli, David E. Rowlands, Wayne A. Nickel, Richard Marchand and Robert Salvatelli: Amend the Leominster Zoning Ordinance to create an In-Law Apartment Zoning by-law. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Health Department, the Building Inspector, the Conservation Commission and the Fire Department. A hearing was set for June 27, 2005 at 6:45 P.M. Vt. 9/0 95-05 Mark Brideau, President Brideau Oil and Ten Registered Voters: Amend Chapter 22, Section 22 – 26 of the revised ordinances entitled “Table of Uses” by inserting the following under “Industrial uses” Storage and Distribution of RRA RAA RB RC BA BB C I Home Heating Fuels N N N N N N N Y The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Health Department, the Building Inspector, the Conservation Commission and the Assessor. A hearing was set for June 27, 2005 at 7:00 P.M. Vt. 9/0 96-05 Joseph D. Spound, Trustee Orangewood Crawford Trust: Amend the Leominster Zoning Map to restore the Industrial zoning district to the entire property identified as Assessors’ Map 227, Lot 5A, located at 111 Crawford Street; land is currently zoned partially Industrial and partially Residence B. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Health Department, the Building Inspector, the Conservation Commission, the Department of Public Works, and the Mayor. A hearing was set for June 27, 2005 at 7:15 P.M. Vt. 9/0 97-05 Patrick LaPointe, City of Leominster/DPW: Grant a Special Permit to install a new sewer line from Granite Street to the beginning of West Street, located within the flood plain. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Health Department, the Building Inspector, the Conservation Commission, the Department of Public Works, and the Water and Sewer Department. A hearing was set for June 27, 2005 at 7:30 P.M. Vt. 9/0 98-05 Steven J. Landry, Maguire Group Inc.: Grant a Special Permit to install approximately 1,900 linear feet of new 18 inch gravity sanitary sewer in a portion of the Mall at Whitney Field shown on Assessor’s Map 567 as lots 12 & 24, located in a flood plain. The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURE and referred to the Traffic Department, the Fire Department and the License Commission. 99-05 Phillip McBain, Captain’s Lounge Inc.: Remove the eight “No Parking” signs on the east side of Main Street from 1536 Main Street to Pine Grove Avenue. 100-05 Ken Ricker: Amend Chapter 13, Section 13-24.5 entitled “Parking Prohibitions – Tow Zone” to change the parking restriction on Main Street (east side) from Lakeside Avenue for four hundred fifty feet in a northerly direction from 9:00 P.M. to 6 :00 A..M. to 2:30 A.M. to 6:00 A.M. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGUALR COURSE and referred to the Planning Department and the Building Department. 101-05 John Dombrowski: Adopt an ordinance requiring the payment of Development Impact/Linkage Fees for commercial and residential development within the City of Leominster. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE, given REGULAR COURSE and referred to the Mayor and the Purchasing Department. 102-05 Michael Hume: Request the City Council ratify and confirm its vote taken on or about September 1, 1972 authorizing the City of Leominster to enter into a 99 year lease with the Leominster Pop Warner Football League Inc. REGULAR MEETING OF THE CITY COUNCIL, MAY 23, 2005, continued The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer and the License Commission. 103-05 Casey Corporation d/b/a/ Chris’ Twins Café: Renew the license for three pool tables at 488 Lancaster Street. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Leominster Cultural Commission – Rosalyn M. Navaroli and Andrea Seward– terms to expire April 15, 2008. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” 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. ORDERED:- that the sum of Two Thousand Dollars ($2,000.00) be appropriated 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. ORDERED:- that the sum of Thirteen Thousand Dollars ($13,000.00) be appropriated 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. ORDERED:- that the sum of Fifty Thousand Dollars ($50,000.00) be appropriated to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nay”; Councillor Freda opposed. 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. ORDERED:- that the sum of Eight Thousand Dollars ($8,000.00) be appropriated to the Street Marking Expense Account; same to be transferred from the Snow and Ice Expense Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” 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. ORDERED:- that the sum of Twenty Three Thousand Dollars ($23,000.00) be appropriated to the Street Lighting Expense Account; Fifteen Thousand ($15,000.00) to be transferred from the Snow and Ice Overtime Account and Eight Thousand ($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. ORDERED:- that the sum of Five Thousand Five Hundred Dollars ($5,500.00) be appropriated to the Zoning Board of Appeals Expense Account; same to be transferred from the Planning Department Salary and Wages Account. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were GRANTED. 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. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. A hearing was scheduled for June 13, 2005 at 6:30 P.M.. Vt. 9/0 REGULAR MEETING OF THE CITY COUNCIL, MAY 23, 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 references to Mixed Use Development Projects or Mixed Use Zoning by removing them in their entirety. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0 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. 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. 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 CITY PROPERTY COMMITTEE, the following COMMUNICATION was AMENDED and GRANTED AS AMENDED. Vt. 7 “yeas” and 2 “nays”; Councillors Freda and Rosa opposed. Amended to set the minimum bid price at $55,000.00. C-149 Dean J. Mazzarella, Mayor: Request the property located at 145 Lancaster Street, Assessors Map 164, Lot 4, formally declared surplus and made available for sale and be amend the to lower the minimum bid to $55,000.00 and request a new RFP be prepared asking bidders to include information on their intended use of the property. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0 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. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 9 “yeas” Cable TV Advisory Board – Rosemary Bracani – term to expire April 15, 2006 Upon recommendation of the WAYS & MEANS COMMITTEE, the following ONE-YEAR APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” 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 request of the LEGAL AFFAIRS COMMITTEE, the 2nd Reading of the following ORDINANCES were given FURTHER TIME. Vt. 9 “yeas” 2nd 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.(A hearing is scheduled for June 13, 2005 at 7:10 P.M.) 2nd 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.(A hearing is scheduled for June 13, 2005 at 7:20 P.M.) REGULAR MEETING OF THE CITY COUNCIL, MAY 23, 2005, continued 2nd Reading Ordinance – amend Chapter 4 of the Revised Ordinances 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.(A hearing is scheduled for June 13, 2005 at 7:30 P.M.) The following ORDINANCE was read a second time, adopted as presented and passed to be ordained. Vt. 9 “yeas” THE CITY OF LEOMINSTER In the year Two Thousand and Five AN ORDINANCE Amending Chapter 2, Article XIII – Department of Veterans’ Services, Section 2-15 of the Revised Ordinances entitled “Establishment; appointment, qualifications and term of director” Be it ordained by the City Council of the City of Leominster as follows: Chapter 2, Article XIII – Department of Veterans’ Services, Section 2-51 of the Revised Ordinances entitled “Establishment; appointment, qualifications and term of director” is hereby amended by deleting the phrase “for a term of one year” and inserting in its place the phrase “for a term of three years.” Upon recommendation of the EXTENDED WAYS & MEANS COMMITTEE, the following nomination was CONFIRMED. Vt. 9 “yeas” Election of City Clerk – Lynn A. Bouchard – term to expire April 15, 2008 (to fill the unexpired term of Ann B. Mahan) The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for June 13, 2005 at 7:35 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 13 Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” by inserting Phillips Street (north side) from Colburn Street for a distance of one hundred fifty feet. Under New Business, Councillor Dombrowski asked for a report to determine if the new Board of Appeals fees were being charged and a report on how the Building Department was implementing the ordinance passed regarding the disposal of building materials. Council President Salvatelli said that the $200.00 fee was being collected and asked that a letter be sent to the Building Inspector requesting a report on how the implementation of the ordinance regarding the disposal of building materials is going. Council President Salvatelli asked for a letter to be sent to Susan Sheldon and her staff commending them on the great job they have done with the temporary relocation of the library to Crossroads Office Park. 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. 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. GRANTED AS AMENDED Vt. 9 “yeas” AMENDED AS FOLLOWS: 56-05 Ten Registered voted submitted by James Whitney: Amend Chapter 22, Article II, Section 22-16 of the Revised Zoning Ordinances entitled “Generally Permitted Uses” by adding new section 16.10: (1) 16.10.1– in an Industrial or Commercial district the City Council may grant a Special Permit allowing the use of an existing building for a use not otherwise permitted in the district in which the building is located. The proposed use must be one of the specific uses itemized in the Table of Uses for Business Uses contained in Article II Section 22-26 as being permitted as of right or being allowed subject to Special Permit requirement in Residence, Business, Commercial or Industrial District exclusive of Adult Entertainment uses; REGULAR MEETING OF THE CITY COUNCIL, MAY 23, 2005, continued (2) 16.10.2 the City Council shall find that the proposed use will not be substantially more detrimental to the neighborhood than the prior use and such permits may also impose conditions, safeguards and limitations on size, time, use or such other items necessary to protect the character and integrity of the neighborhood. (3) 16.10.3 any Special Permit granted hereunder shall be exclusive to that particular use. All other proposed uses or expansions of the existing approved use must apply for a Special Permit. Condemned buildings and/or structurally unsound building may be razed and reconstructed provided all other conditions contained herein are satisfied and the size of the proposed building does not materially exceed the existing building. In granting this Special Permit the City Council must find that no reasonable industrial alternative is available to the applicant. 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. GRANTED Vt. 9 “yeas” MEETING ADJOURNED: 10:50 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council