City Council

HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 12, 2005 Hearing opened at 7:21 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. Councillors Freda and Robert Salvatelli arrived late. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Memorial Drive, against northbound drivers at Nelson Street.” No one in the audience spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 7:23 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 12, 2005 Hearing opened at 7:25 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 13 Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “St. Jean Avenue, against southbound drivers at Nelson Street.” No one in the audience spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 7:26 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 12, 2005 Hearing opened at 7:30 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 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. Introduced and made part of the record were the following: A. Petition 5-06 submitted by Shannon and Michael Melanson, with accompanying plan prepared by Hannigan Engineering, Inc., Civil Engineers & Land Surveyors, 8 Monument Square, Leominster, MA, dated May 18, 2005. B. Notice of public hearing published in the Sentinel & Enterprise on August 29 and September 5, 2005. C. Positive recommendations were received from the Health Department, the Director of Inspections, the Planning Board, the Department of Public Works and the Conservation Commission. The Petitioner, Shannon Melanson, and Bill Hannigan from Hannigan Engineering were there to speak in support of the Petition. Mr. Hannigan said that it is currently a ranch style house. Mr. Hannigan said the petitioner would like to take the roof off and elevate it to a full second story. He said there is no physical work being done to the ground at all. Mr. Hannigan said the footprint of the building is located on a flood plain and there will be no additional expansion of the footprint, it is just a vertical rise. Mr Hannigan said that they received approval from the Zoning Board of Appeals, for a Special Permit that was required because of the size of the lot. He said it was in conformance at the time of the original construction, but with the zoning change, it now falls below that zone requirement. Mr. Hannigan said there was also a Variance involved with regards to the setback of the garage to the street line and that was granted. Mr. Hannigan said that besides the flood plain issues with the City Council, all other permits are in order. Mr. Hannigan said that they are required to file with the Conservation Commission either a Notice of Conditions or a Request of Determination with the Conservation Commission. HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 12, 2005, continued Councillor Marchand asked if it will remain s single family house. Shannon Melanson said that it would remain a single family house. No one in audience spoke in support or opposition. Councillor Freda said that in years past, this house used to flood quite often. She said there has been a lot of work done to this property and asked if they have had any issues since they bought the property. Shannon Melanson said last year a tree fell across the street and she sand bags were used at that time. She said that they also cleaned debris out from under the street. Councillor Lanciani said that there had been work done there prior to the Melanson’s being there. He said that what the Melanson’s are proposing will not be detrimental to the neighborhood and he would support the request. Councillor Freda asked if it had city sewer. Mr. Hannigan said that it does have city sewer. Councillor Freda said that she is glad work has been done on the property. She said it looks really nice now and that a second floor would be an asset Mr. Hannigan said that they would support any recommendation that the City Council would have to make sure the Department of Public Works maintains the brook and keeps it clean and free from any debris and branches. HEARING ADJOURNED: 7:40 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, SEPTEMBER 12, 2005 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. A recess was called at 8:01 P.M. to hold a public forum. Meeting reconvened at 8:03 P.M. The Committee on Records reported that the records were examined through August 22, 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. C-26 Relative to the appropriation of $175,000.00 to the Interest on Loans Expense Account; same to be transferred from the Excess and Deficiency Account. C-27 Relative to the appropriation of $11,328.01 to the Sewer Expense Account; same to be transferred from the Excess and Deficiency Account. C-28 Relative to the appropriation of $50,000.00 to the Assessor’s Property Revaluation Expense Account; same to be transferred from the Excess and Deficiency Account. C-29 Relative to the appropriation of $529,217.93 to the School Department Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. C-30 Relative to the appropriation of $314,626.29 to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-31 Relative to the appropriation of $40,000.00 to the Highway Overtime Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, SEPTEMBER 12, 2005, continued The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, and given REGULAR COURSE. A hearing was set for September 26, 2005 at 7:15 P.M. Vt. 9/0 17-06 Massachusetts Electric Company: Washington Street: Install one solely owned pole on Washington Street beginning at a point approximately 20 feet south of the centerline of the intersection of High Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department. 18-06 John Dombrowski: Install three, 30 m.p.h., speed limit signs along Legate Hill Road. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE, and given REGULAR COURSE. Election Officers 2005-2006 – Paul Janda, Florence Zarrella, Bernice Bangrazi, Doris DeCicco, Rita Trainque, Theresa Waugh, Janet Brown Reserve Firefighters – Nicholas Miller, Jeffrey M. Vaillette, Robert A. DiMarzio Leominster Public Library Board of Trustees, Kathleen Reynolds Daigneault – term to expire April 15, 2006 (to fill unexpired term of Robert Allen.) Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 8 “yeas”, Councillor Nickel abstained due to a possible conflict of interest. Fire Department - Jeffrey Nickel – Firefighter Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas”. Fire Department - Quintin L. Tigs – Lieutenant. Conservation Commission – Scott Buchanan – term to expire April 15, 2007 (to fill unexpired term of Amy Stattel.) Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-22 Relative to the appropriation of $4,950.00 to the Fire Department Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Four Thousand Nine Hundred Fifty Dollars ($4,950.00) be appropriated to the Fire Department Expense Account; same to be transferred from the Emergency Reserve Account. C-23 Relative to the appropriation of $8,000.00 to the Sanitation Drainage Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Eight Thousand Dollars ($8,000.00) be appropriated to the Sanitation Drainage Expense Account; same to be transferred from the Emergency Reserve Account. C-24 Relative to the appropriation of $600.00 to the Health Department Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Six Hundred Dollars ($600.00) be appropriated to the Health Department Expense Account; same to be transferred from the Emergency Reserve Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9 “yeas” C-25 Dean J. Mazzarella, Mayor: Request the sum of $17,200,000.00 be appropriated for the cost of remodeling, reconstructing, making extraordinary repairs to and equipping the Southeast School, and for the payment of all other costs incidental and related thereto, and that 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. REGULAR MEETING OF THE CITY COUNCIL, SEPTEMBER 12, 2005 (continued) Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 10-06 Richard C. Barnaby, President, DMC Hamilton Street LLC: Accept a portion of Lanides Lane, a public way, in accordance with a certain plan entitled “Street Acceptance Plan of Lanides Lane Extension in Leominster, Mass. July 11, 2005” and vote to abandon a certain portion of Lanides Lane reflected as Abandonment 1 on a certain plan entitled, “Plan of Land in Leominster Mass. being a Subdivision of Land Court Plan 25913C, February 4, 2004” recorded in the Land Court on May 2, 2005 as Documents No: 25913D and 25913E, to accomplish the creation of a street acceptance as reflected on the said Street Acceptance Plan of Lanides Lane Extension dated July 11, 2005, insofar as the purpose of this abandonment is to cure an encroachment onto the layout of Lanides Lane by an existing building on property of Richard J. King. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 Councillor Dombrowski abstained due to a possible conflict of interest. 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. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 16-06 Alfred E. LeBlanc, Chief, Leominster Fire Department: Request permission to block off Church Street from West Street to Merriam Avenue on Saturday, October 15, 2005 from 9:30 AM to 2:00 PM for our Fire Prevention Week Open House. The following ORDINANCE was read a second time, adopted as amended 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 is hereby amended by: 1. adding the following new subsection to Article II, Section 22-16 Use Regulations: 16.6.1.5 In-law Apartments authorized in accordance with the Special Permit requirements in Article XV of this Ordinance. and 2. adding the following new Article XV, entitled: “In-Law Apartments.” ARTICLE XV IN-LAW APARTMENTS Section 22-110 Intent and Purpose The purpose of this In-law Apartment Article is to expand the types of housing permitted in the City in order to provide opportunities for persons who may need or desire to share the premises of a single-family residence with relatives, to do so. It is intended that the provisions of this Article will be implemented in a manner which will protect the stability, property values, and single-family residential character of neighborhoods, and ensure building and health code compliance. Section 22-111 Special Permit Procedures and Conditions 111.1 The Board of Appeals may authorize an In-Law Apartment as an accessory residential use by Special Permit in any residential district provided that each of the following standards and criteria are met: 111.1.1 The In-Law Apartment may be a complete, separate housekeeping unit that functions as a separate unit from the single-family residence of which it is a part. The purpose of this ordinance is to provide the in-law units for occupation by family members of the owner(s) of the single-family residence. 111.1.2 Only one In-Law Apartment may be created within a single-family residence. 111.1.3 An In-Law Apartment may only be created in a dwelling that would otherwise be classified as a single-family detached residence. 111.1.4 The lot on which the single-family residence is located must have a minimum of 10,000 square feet and must comply with all applicable zoning requirements for its district after the accessory apartment has been created. 111.1.5 Adequate provision must be made for the disposal of sewage, waste and drainage generated by the occupancy of the entire residence, including the In-Law Apartment, in accordance with the requirements of the Leominster Department of Public Works. 111.1.6 The In-Law Apartment shall be designed so that the appearance of the building remains that of a single-family residence as much as feasibly possible. Any new entrances shall be located on side and rear of the building. 111.1.7 The In-Law Apartment shall be clearly a subordinate part of the single-family residence. It shall be no greater than seven hundred (700) square feet nor have more than two (2) bedrooms. 111.1.8 At least three (3) off-street parking spaces must be provided for any single family residence that has an In-Law Apartment. 111.1.9 The construction of any In-Law Apartment must be in conformity with State Building Code Requirements. 111.1.10 An In-Law Apartment Special Permit shall be issued solely in the name of the record owner(s) of the single-family residence premises and shall automatically terminate upon either: (a) the transfer of the ownership of the premises, except in the instance where there is a transfer between co-owners; or (b) cessation of the record owner(s)’ occupancy of either the single-family residence or the in-law apartment as his, her or their principal place of residence; or (c) permanent occupancy of either the single-family dwelling or the in-law apartment by persons unrelated to the record owner(s). For purposes of this subsection, a bona fide temporary absence will not be considered a cessation of occupancy, and a bona fide temporary occupancy by guests will not be considered permanent occupancy. 111.1.11 A Special Permit issued for an In-Law Apartment accessory to a single-family residence shall not be construed as authorizing apartment, multi-family, or duplex use of the subject premises. 111.1.12 In order to provide for disabled and handicapped family members in accordance with G.L. c.40A, §3, the Board, the Board of Appeals may allow reasonable deviation from the above- stated conditions of this subsection where necessary to install features that facilitate access and mobility for disabled persons. Section 22-112 Application Procedure The application for the submission and approval of a Special Permit for an In-Law Apartment in an owner-occupied single-family residence shall be the same as prescribed in Section V, Article I, Section 22-13, Special Permits, except that the said Special Permit application shall also include a notarized letter signed by the record owner(s) of the premises stating that he/she/they intend to occupy on of the dwelling units, either the single-family residence or the In-law Apartment, as his/her/their permanent principal residence, and stating the name(s) of the person(s) who will occupy the other dwelling unit as a permanent principal residence, as well as the relationship of each named person to the record owner(s). Section 22-113 Transfer of Ownership of a Residence With an In-Law Apartment 113.1 As stated in subsection 22-111.1.10, each In-Law Apartment Special Permit shall terminate upon any transfer of title except between the owners of the single-family residence premises. 113.2 No successor in title to a single-family residence for which an In-Law Apartment Special Permit shall have been granted may use the apartment as a separate dwelling unit unless a new Special Permit is first obtained. Section 22-114 Existing Accessory Dwelling Units Any accessory dwelling unit existing in a single-family residence on the effective date of this Article, may continue in use, although not original authorized under the Zoning Ordinance, provided that the record owner of the residence applies for and obtains an In-Law Apartment Special Permit under this Article within 90 days from said effective date and, thereafter, complies with all of the terms and conditions set forth in this Article and the Special Permit. ________________________________________________________ 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 entitled “Zoning” is hereby amended in Section 22-26, “Table of Uses”, by inserting the following entry under “Industrial Uses”. RRA RAA RB RC BA BB C I Storage and Distribution of Home Heating Fuels N N N N N N SPBA Y _______________________________________________________________ The following ORDINANCE was read a second time and 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 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster, as follows: Section 13-77 of the Revised Ordinances entitled “Stop Signs” is hereby amended by inserting “Memorial Drive, against northbound drivers at Nelson Street.” _______________________________________________________________ The following ORDINANCE was read a second time and 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 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster, as follows: Section 13-77 of the Revised Ordinances entitled “Stop Signs” is hereby amended by inserting “St.Jean Avenue, against southbound drivers at Nelson Street.” ________________________________________________________________ The following ELECTION ORDER was adopted. Vt. 8 “yeas”, and 1 “nay”; Councillor John Salvatelli was opposed. Election Order – Municipal Election – November 8, 2005 The following LOAN ORDER was read once and adopted as presented. A hearing was scheduled for Monday, September 26, 2005 at 7:20 P.M. Vt. 9 “yeas.” 1st Reading Loan Order - that the sum of $17,200,000.00 be and hereby is appropriated to pay costs of remodeling, reconstructing, making extraordinary repairs to and equipping the Southeast School, and for the payment of all other costs incidental and related thereto, and that to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Sections 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. The following ORDINANCE was read once and adopted as presented. Vt. 8 “yeas”, and 1 “nay”, Councillor Rowlands opposed. 1st Reading Ordinance – amend Chapter 22 of the Revised Ordinances entitled “Zoning” by changing the Leominster Zoning Map, so that a portion of a parcel of land located off Orchard Hill Park Drive and Pioneer Drive, identified as Parcel #4 on a map entitled “Plan to Accompany a Petition for Zoning Change, “ by Whitman & Bingham Associated, date June 8, 2005, as on file with the City Clerk, is changed from Rural Residence (RR) to Industrial (I), total area to be rezoned being approximately 3.86 acres. Under New Business, Councillor Marchand spoke on behalf of the National MS Society and UMass Memorial Foundation for ADA in regards to a fund raiser they are holding called the Celebration of Life. He said it will be held at the Leominster Lodge of Elks, 134 Main Street, Leominster, MA, and there will be music, raffles and auctions. He said the cost is $20.00 per person and 100% of the proceeds will go to MS and the ADA Foundation. Councillor Marchand also said that the 12th Annual Johnny Appleseed Festival will be held September 24, 2005. He said he is very pleased with the amount of non-profit organizations that will be there. Councillor Marchand said that there will be entertainment, music, magicians and food. He said the rain date will be October 1, 2005. Councillor Lanciani said that a number of City Councillors went to view a documentary of “Courage Under Fire” which was put together by Kevin Fitzpatrick and the Leominster Fire Department. Councillor Lanciani wanted to commend LATV staff on a job well done. Councillor Freda said that the Rotary Club is doing an International Project with the theme “Pure Water for Everyone”. Councillor Freda said that what they are going to do locally is to stencil 175-200 drains in the streets of Leominster with pictures and wording in regards to keeping the water clean. She said is a cooperative effort with the Rotary Club, the Leominster Land Trust and Storm Water Management. Councillor Freda said that at the National League of Cities conference in Boston, Maria Quirion, a Leominster High School student, won the essay contest. She said that Maria won for her essay “A Great Community Leader”. Councillor Freda wanted to acknowledge and congratulate Maria. Councillor Marchand, Chairman of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from the table and be placed on the calendar for action. It was so voted. Vt.9/0 Committees report as follows. 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. GRANTED Vt. 9 “yeas.” MEETING ADJOURNED: 9:20 P.M. ___________________________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council