City Council

HEARING BEFORE THE CITY COUNCIL, JULY 25, 2005 Hearing opened at 6:47 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. This is a continuation of a public hearing from June 7, 2004. All members present; Councillors Freda and Rosa arrived late. The following PETITION was the subject of the hearing. 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”. Arthur DiGeronimo Jr. spoke in support. He said that what this petition does is revert the mixed-use zoning back to the 2001 Zoning Ordinance. He said this would require City Council approval on all mixed-use projects over twenty acres. Stanley Tuttle spoke in support. He said that he commends the City Council for looking at all angels of this issue. No one in the audience spoke in opposition. No Councillors spoke. HEARING ADJOURNED: 6:54 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JULY 25, 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. 108-05 Gregg Lisciotti, Manager, Pioneer Park, LLC: Rezone approximately 3.86 acres of land in Pioneer Park from Rural Residence to Industrial. Positive recommendations were received from the Planning Board, the Department of Public Works, the Health Department and the Conservation Commission. A letter from the Fire Department said that they are unable to give a recommendation on the petition at this time. Councillor Marchand said that any concerns that the Fire Department have will be addressed during the site plan approval process. Gregg Lisciotti spoke in support. He said that when the Zoning map was changed in 2002 an error was made. He said that the zoning line was supposed to follow the property lines. Mr. Lisciotti said he has a local company who is looking to build on this site. Alan Fluet, Innovend LLC, spoke in support. He said his business, which is currently located in Jytek Park is looking to relocate to this site if this rezoning is approved. Mr. Fluet said that his company is a single use medical molder and they are looking to expand. No one in the audience spoke in opposition. Councillor Rowlands asked what indicates that this was a mistake. Mr. Lisciotti said that the rezoning lines were suppose to follow property lines. Councillor Rowlands asked if there was another spot on this property where this business could relocate. Mr. Lisciotti said that this is the site they chose. Councillor Freda said that she is familiar with this company and she would not want to see them leave Leominster. HEARING ADJOURNED: 7:16 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JULY 25, 2005 Hearing opened at 7:30 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present; Councillors Freda and John Salvatelli arrived late. The following PETITION was the subject of the hearing. 107-05 William L. Dinardo: Rezone 236 Lancaster Street to 270 Lancaster Street, shown on Assessors Map 177 as lots 10, 10a, 15a and 13 from Business A to Commercial. No one spoke in favor. Laura Proietti, 599 Lancaster Street spoke in opposition. She said that the parcels in question are on Lancaster Street from Johnson Street to Wheeler Street. Ms. Proietti said she would like to know what the particular use of that property would be and feels he should not be given a blank check. She said there are twenty-seven uses in Commercial which are not allowed in Business A. Councillor Marchand noted that the petitioner is not present at this hearing but did speak at the public forum at the last City Council meeting. HEARING ADJOURNED: 7:35 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JULY 25, 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 June 13, 2005 and found to be in order. The records were accepted. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-8 Dean J. Mazzarella, Mayor: Appropriate and authorize the Treasurer with the approval of the Mayor to borrow the sum of $340,000.00 for the purpose of purchasing for conservation and passive recreation purposes, by eminent domain or negotiated purchase or otherwise, a certain property together with buildings thereon, known as “land of Bruce Barnes” located on Jungle Road, Shown on Leominster’s Assessors Map 305, Parcels 9 and 10, containing 16.5 acres; that said land be conveyed to the City of Leominster under the provisions of Massachusetts General Law, Chapter 40, Section 8C, as amended and other Massachusetts General Laws relating to conservation, to be managed and controlled by the Leominster Conservation Commission and the Conservation Commission be authorized to apply for any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Self-Help Act (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article, and the City of Leominster and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the City of Leominster to affect said purchase. The following COMMUNICATIONS were received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. C-9 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional license for the sale of alcoholic beverages. C-10 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional license for the sale of alcoholic beverages. C-11 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional license for the sale of alcoholic beverage. C-12 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional license for the sale of alcoholic beverages. C-13 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional license for the sale of alcoholic beverages. REGULAR MEETING OF THE CITY COUNCIL, JULY 25, 2005 (continued) The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works, the Planning Board, the Building Department, the Conservation Commission and the Health Department. A hearing was set for September 12, 2005 at 7:30 P.M. Vt. 9/0 5-06 Shannon and Michael Melanson: Grant a Special Permit to construct a second story on an existing dwelling at 908 Union Street, as shown on Assessors Map 396 as lot 17 located in a rural residential zone in the Flood Plain. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Traffic Department. 6-06 David Rowlands: Place additional “stop” signs at the intersection of Norwood Avenue and King Avenue to create a 4-way stop sign intersection. The following PETITIONS were received, referred to the CITY PROPERTY COMMITTEE and given REGULAR COURSE. 7-06 Michael B. Cooley: Allow a banner to be placed on the granite posts located on the Mechanic Street Connector Road advertising a fundraiser and raffle for the Veterans Monument Project being held on September 11, 2005. 8-06 David K. Backus for the Friends of Sholan Farms: Grant permission to display A-Frame Signs on the median strips at the Leominster Connector/Mechanic Street, Monument Square, Route 12 and Litchfield Street, Route 12 and Hamilton Street and Route 13 and Hamilton Street from August 15, thru November 7th 2005 promoting the U-Pick Operation and from April 15th thru May 15th 2006 promoting the Apple Blossom Festival, as well as other festivals related to the farm. 9-06 David K. Backus for the Friends of Sholan Farms: Grant permission to place a banner between the granite pillars on the Leominster Connector from April 15th 2006 thru May 15th 2006, promoting the Apple Blossom Festival and any other festivals related to the farm. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9/0 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. ORDERED: - that the sum of One Hundred Seventy Five Thousand Dollars ($175,000.00) be appropriated 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. ORDERED: - that the sum of Four Hundred Eighty Five Thousand Dollars ($485,000.00) be appropriated to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. 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. ORDERED: - that the sum of One Hundred Seventy Five Thousand Dollars ($175,000.00) be appropriated to the Police Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. RE: Police Patrolman Union Contract Settlement FY 2004 and 2005 Cost Amounts. 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. ORDERED: - that the sum of Two Hundred Seventy Five Thousand Dollars ($275,000.00) be appropriated to the Police Salary and Wages Account; same to be raised by Fiscal Year 2006 Revenue. RE: Police Patrolman Union Contract Settlement Fiscal Year 2006 Cost Amounts. 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. ORDERED: - that the sum of Fourteen Thousand Dollars ($14,000.00) be appropriated to the Police Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. RE: Police Dispatchers Union Contract Settlement FY 2004 and 2005 Cost Amounts. 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. ORDERED: that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Fiscal Year 2006 Police Salary and Wages Account; same to be raised by Fiscal Year 2006 Revenue. RE: Police Dispatchers Union Contract Settlement FY 2006 Cost Amounts. REGULAR MEETING OF THE CITY COUNCIL, JULY 25, 2005 (continued) The recommendation of the LEGAL AFFAIRS COMMITTEE to GRANT the following PETITIONS, were DENIED. Vt. 3 “yeas” and 6 “nays”: Councillors Robert Salvatelli, John Salvatelli, Lanciani, Rosa, Nickel, and Freda opposed. 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”. 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 request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. 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 Assessor’s Map 499 as lots 12, 21, 22 and 36.(A hearing is scheduled for August 22, 2005 at 7:30 P.M.) Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0 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. Upon request of the CITY PROPERTY COMMITTEE, the following COMMUNICATION was TABLED FOR STUDY. 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. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was AMENDED and GRANTED AS AMENDED. Vt. 9/0. Amended to include the employees position within the department. C-3 Dean J. Mazzarella, Mayor: Designate Richard Cuff employed by Leominster School Dept. as grounds keeper, Margaret Stephenson, employed by Leominster School Dept. as a teaching assistant, Lynn Gould employed by Leominster School Dept. as a full-time teacher, and Elizabeth Martineau, currently employed by the Leominster Housing Authority as Assistant Coordinator for Academic Learning Center “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. Upon recommendation from the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 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. Upon recommendation from the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 9 “yeas”. Fire Department – Firefighter – Brenda M. Greenawalt Under Old Business: Councillor Marchand said there will be a two week delay on the In-Law Apartment Ordinance. He said we have not yet received the final draft back from Kopelman & Paige. Councillor Dombrowski said after watching the Planning Board meeting, he was left with the impression that the members did not get the full package for the Linkage Proposal. Councillor Rowlands stated that the Planning Board members did get a multi page comment from Ms. Cutler. He felt that the comments at the Planning Board meeting were more in reference to the comments from Ms. Cutler’s comments. Councillor Rowlands feels like we need to address Ms. Cutler’s comments. REGULAR MEETING OF THE CITY COUNCIL, JULY 25, 2005 (continued) Councillor Dombrowski said he is really looking for more substance in the document, such as the legalities of how it is presented, and how it is formatted. He would like the Planning Board to view the concept from the Planning Board perspective and get back to the City Council with their opinion. Councillor Marchand said he would like to refer it back to the Planning Board. 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 five AN ORDINANCE Amending Chapter 22 of the Revised Ordinances, entitled “Zoning.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 22 of the Revised Ordinances, Article II, Use Regulations, Section 22-16 Generally Permitted Uses is hereby amended by adding the following new Section 16.10: 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 as being allowed subject to a Special Permit requirement in a Residence, Business, Commercial or Industrial District, exclusive of Adult Entertainment uses. 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. 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 RESOLUTION was received under SUSPENSION OF THE RULES, referred to the FINANCE and WAYS & MEANS COMMITTEES and given REGULAR COURSE. Vt. 8/0 (Councillor Rosa abstained due to a possible conflict of interest.) RESOLUTION – Authorizing submission of an application under the Urban Self Help Program to acquire the abandoned rail corridor for the purpose of establishing a new pedestrian and bicycle trail, linking the4 cities of Fitchburg and Leominster. Councillor Marchand, Chairman 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: 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. DENIED Vt. 4 “yeas” – 5 “nays”, Councillors Lanciani, John Salvatelli, Robert Salvatelli, Nickel and Freda OPPOSED. 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 SPBA Y GRANTED AS AMENDED. Vt. 9 “yeas”. Amended to change “N” under “C” to “SPBA”. 107-05 William L. Dinardo: Rezone 236 Lancaster Street to 270 Lancaster Street, shown on Assessors Map 177 as lots 10, 10a, 15a and 13 from Business A to Commercial. TABLED FOR STUDY. Vt. 9 “yeas” REGULAR MEETING OF THE CITY COUNCIL, JULY 25, 2005 (continued) 108-05 Gregg Lisciotti, Manager, Pioneer Park, LLC: Rezone approximately 3.86 acres of land in Pioneer Park from Rural Residence to Industrial. GRANTED; Vt. 8 “yeas” and 1 “nay”, Councillor Rowlands OPPOSED. MEETING ADJOURNED: 11:05 P.M. ___________________________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council