City Council

REGULAR MEETING OF THE CITY COUNCIL, JULY 11, 2005 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except for Councillor Rosa. The Committee on Records reported that the records were examined through May 9, 2005 and found to be in order. The records were accepted. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. REGULAR MEETING OF THE CITY COUNCIL, JULY 11, 2005, continued C-1 Relative to the appropriation of $175,000.00 to the Fire Department Capital Outlay Expense Account; same to be raised by Fiscal Year 2006 Revenue. C-2 Relative to the appropriation of $485,000.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-3 Dean J. Mazzarella, Mayor: Designate Richard Cuff, Margaret Stephenson and Lynn Gould, currently employed by the Leominster School Department and Elizabeth Martineau, currently employed by the Leominster Housing Authority “special municipal employees” as provided for in M.G.L., Chapter 268A, Section 20, as these individuals will be taking on positions at the Recreation Department. The following COMMUNICATIONS were received under SUSPENSION OF THE RULES, referred to the FINANCE COMMITTEE and given REGULAR COURSE. Vt. 8 “yeas” C-4 Relative to the appropriation of $175,000.00 to the Police Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. C-5 Relative to the appropriation of $275,000.00 to the Fiscal Year 2006 Police Salary and Wages Account; same to be raised by Fiscal Year 2006 Revenue. C-6 Relative to the appropriation of $14,000.00 to the Police Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. C-7 Relative to the appropriation of $25,000.00 to the Fiscal Year 2006 Police Salary and Wages Account; same to be raised by Fiscal Year 2006 Revenue. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE. given REGULAR COURSE and referred to the Planning Board, the Conservation Commission, the Building Department, the Fire Department and the Police Department. A hearing was set for August 22, 2005 at 7:30 P.M. Vt. 8/0 1-06 Thomas Shea, on behalf of Margot Xarras, Philip F. Desmarais and Dave Aronson: Change the zoning district of the land located at the intersection of Jytek Drive and Central Street from Industrial to Commercial as shown on Assesssor’s Map 499 as lots 12, 21, 22 and 36. The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department. 2-06 Richard M. Marchand: Install a “Stop sign” on Memorial Drive at the intersection of Nelson Street. 3-06 Richard M. Marchand: Install a “Stop sign” on St. Jean Avenue at the intersection of Nelson Street.(Legal Affairs) The following PETITION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. 4-06 Albert Germano.: Grant a license to First Option Limousine Inc. located at 54 Main Street to operate two limousines within the boundaries of Leominster. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Fire Department – Firefighter – Brenda M. Greenawalt Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given LEAVE TO WITHDRAW WITHOUT PREJUDICE. Vt. 8 “yeas” C-162 Relative to the appropriation of $9,400.00 to the Planning Department Expense Account; same to be transferred from the Planning Department Salary and Wages Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were RATIFIED. Vt. 8 “yeas” C-169 Relative to the appropriation of $25,000.00 to the Police and Fire Indemnification Expense Account; same to be transferred from the Emergency Reserve Account.(Granted with an Emergency Preamble on June 27, 2005; another vote required) C-170 Relative to the appropriation of $35,000.00 to the Economic Development Expense Account; same to be transferred from the Refuse Disposal Expense Account. (Granted with an Emergency Preamble on June 27, 2005; another vote required) REGULAR MEETING OF THE CITY COUNCIL, JULY 11, 2005, continued Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” C-171 Relative to the appropriation of $10,400.00 to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund. ORDERED:- that the sum of Ten Thousand Four Hundred Dollars ($10,400.00) be appropriated to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 7 “yeas” and 1 “nay”; Councillor Freda opposed. C-172 Relative to the appropriation of $300.00 to the Cemetery Expense Account; same to be transferred from the Barnaby Flower Account. ORDERED:- that the sum of Three Hundred Dollars ($300.00) be appropriated to the Cemetery Expense Account; same to be transferred from the Barnaby Flower Account. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 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 Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED as AMENDED. Vt. 9 “yeas” Amended as recommended by the City Solicitor and to change “ by-law” to “ordinance”, substitute the phrase “Accessory Dwelling Unit” for “In-Law Apartment” and insert “90 days” as the specified period of time in Section 5.0. 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 Accessory Dwelling Unit Ordinance. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 8 “yeas” A hearing was set for August 22, 2005 at 7:00 P.M. Vt. 8/0 114-05 Ronald J. Booth, An Individual Owning Land to be Affected by Change: Amend Chapter 22, Article II, Section 22-16 of the Revised Zoning Ordinances entitled “Generally Permitted Uses” by creating new subsections 16.9, 16.9.1 and 16.9.2 which will allow by Special Permit from the City Council, one undeveloped lot that has been in existence as of July 1, 2005 and not more than 40,000 square feet, be used for a service building (i.e., restaurant, bank, drug store and the like) intended to support the nearby industrial uses. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 8 “yeas” A hearing was set for August 22, 2005 at 7:15 P.M. Vt. 8/0 115-05 John Souza, Planning Board Chairman and Andrew Taylor, Acting Planning Director on behalf of the Leominster Planning Board: Amend the Leominster Zoning Ordinance dated July 10, 200l with amendments through December 10, 2004 for the purpose of adding the following: 16.9.2 – In a case of undeveloped lots of 1.5 acres or less in the Industrial Zone by Special Permit of the Leominster City Council a use Variance may be issued for a non-conforming business if it is determined that there is no practical industrial use for this land; the use variance must comply with the zoning requirements for BA District found in the Leominster Zoning Ordinance - Table of Uses. Upon request of the CITY PROPERTY COMMITTEE, the following petition was given FURTHER TIME. Vt. 8/0 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. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITIONS were GRANTED. Vt. 8/0 116-05 Kimberly Clemens, Record Town d/b/a/ Strawberries: Renew the second-hand dealers license for the premises locate at 55 Sack Blvd. 117-05 Leroy J. DiMauro: Renew the second-hand dealers license for the premises located at 609 Main Street. 118-05 Margaret L. Santonoceto: Renew the second-hand dealers license for the premises located at 38 Spruce Street. 119-05 Mark and Robin Ellis, Ellis Marine Supply Partnership: Renew the second-hand dealers license for the premises located at 646 Central Street REGULAR MEETING OF THE CITY COUNCIL, JULY 11, 2005, continued Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 7 “yeas”; Councillor Freda abstained due to a possible Conflict of Interest. Conservation Commission – Kelley M. Freda – term to expire April 15, 2008 Upon recommendation of the LEGAL AFFAIRS COMMITTEE, and upon reconsideration of the vote taken on May 23, 2005 the following PETITION was AMENDED and GRANTED as AMENDED Vt. 8 “yeas” Petition was amended to renumber section 16.10.1 to 16.10, 16.10.2 to 16.10.1 and 16.10.3 to 16.10.2. 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– 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; (2) 16.10.1 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) 16.10.2 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. The following ORDINANCE was read once and adopted as presented. Vt. 8 “yeas”. 1st Reading Ordinance – Amend Chapter 22 of the Leominster Zoning Ordinance, Article II – Use Regulations, Section 22-16 - Generally Permitted uses by adding a new Sections 16.10 to allow by Special Permit of the City Council the reuse of an existing building in an Industrial or Commercial district for a use not otherwise permitted in the district in which the building is located. 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. 8/0 Committees report as follows. 114-04 Joseph Gentili, Capobianco & Gentili, PC on behalf of Ten Registered Voters: Amend Article I, entitled “General Regulations”, Section 22-4 of the Zoning Ordinances by deleting the definition of the term “Mixed Use Development Project (MUDP”) and replacing it with a new definition; amend Article II, entitled “Use Regulations- Industrial Districts” by deleting Section 22-24.2.5.1 in its entirety, and renumbering section 24.2.5.2 as a new section 24.2.5.1; amend Article II, Section 22-23.4 entitled “Commercial Districts”, by deleting it in its entirety; also amend Section 22-26, “Table of Uses, Mixed Use Development Project” by deleting the words “On Sites over 20 acres”. (Continuation of the Public Hearing is scheduled for July 25, 2005 at 6:45 P.M.)FURTHER TIME Vt. 7 “yeas” and 1 “nay”; Councillor Lanciani opposed. MEETING ADJOURNED: 8:52 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council