City Council

HEARING BEFORE THE CITY COUNCIL, NOVEMBER 14, 2005 Hearing opened at 7:20 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 26-06 Randy Bigelow, 375 Harvard Realty LLC: Grant a Special Permit to use 12,800 square feet of an existing building, located at 375 Harvard Street, shown on Assessor’s Map 370 as lot 19 and located within an Industrial Zone for a Christian book store. Councillor Marchand said that for the record Councillor elect, Virginia Tocci, was present in the audience. Also present were Randy Bigelow, Carl LaBruce, owner and operator of Morning Star Christian Book Stores in Massachusetts and Richard Coleman, General Manager. Introduced and made part of the record were the following: A. Petition 26-06 submitted by Randy Bigelow, 375 Harvard Street Realty, LLC with accompanying plan prepared by Whitman & Bingham Associates, LLC, 510 Mechanic Street, Leominster, MA dated July 13, 2005. B. Notice of public hearing published in the Sentinel & Enterprise on October 31, 2005 and November 7, 2005. C. Positive recommendations were received from the Health Department, the Treasurer and the Director of Inspections. A recommendation from the Department of Public Works deferred to the Planning Board. D. A positive recommendation was received from the Fire Department along with the following conditions that they would like to see made as part of the Special Permit: 1. The makeshift emergency access barrier from White Street at the rear of the property must be secured by a proper, permanent and maintainable barrier. Brush and overgrowth should be cut away to allow unimpeded access for fire apparatus. This access must be maintained free of snow or other debris. 2. The exit doors on the westerly side (White Street side) of the property must have proper egress walkways to grade, allowing building occupants to safely evacuate the premises and the fire department to easily access the building from this side. 3. A minimum 20’ fire lane must be available around the building, as presently, wherever two-way traffic is proposed to travel. 4. The buildings fire alarm transmission capability should be converted to the AES/Digitize style radio transmitter now required on new construction in the city. Councillor Marchand said that the Planning Board will be conducting a Hearing on this Petition on December 6, 2005. Councillor Marchand said that the City Council will not close this hearing tonight, they will leave it open until they get a recommendation back from the Planning Board. Councillor Marchand said that the Planning Director and himself have come up with some essential questions to ask in order to go through the process with the new legislation. The following are some of the criteria that they would like to address: 1. Adequate provision for parking as determined by the Zoning Ordinance. 2. Adequate space for off street loading and unloading of goods. 3. Approval of the Fire Department 4. Lighting – how it is situated as to not disturb the neighborhood. 5. Meeting sign regulations 6. Proposal would not constitute a nuisance due to air and water pollution, flood, noise, dust, vibration, lights or visually offensive structures. 7. Site provides safe and convenient vehicular and pedestrian movement within the site in relation to adjacent street property or improvements. 8. Question regarding future industrial needs on the site with current tenants or future potential tenants. 9. If there are any tenants located at the site in question, are they in compliance with the current zoning regulations. 10. Are local property taxes in good standing. The petitioner, Randy Bigelow, 375 Harvard Realty, LLC, said that he bought the building in February of 2004 and that it was on the market a year before that. Mr. Bigelow said that after he bought it, he subdivided the building and starting finding tenants. Mr. Bigelow said he has five tenants in the building and two open spaces available that they have not been able to rent out. Mr. Bigelow said that he has been working diligently with realtors to try and rent the two available spaces. He said in some cases the ceilings are to low and there is not enough dock area. Mr. Bigelow said that the book store offices have been there from the beginning which is allowed in an Industrial zone. He said they would need a Special Permit for the retail store they would like to open. Mr. Bigelow said the store would sell religious books, cards and gifts. Mr. Bigelow said that they have been to the Planning Board for Site Plan Approval and that they have an Order of Conditions for that. He said they intend on looping the driveway around the building so that there is full access around the building so he didn’t feel they would need a gate once all this work is completed. Mr. Bigelow said they also intend to hook up to the existing sewer line on White Street. Mr. LaBruce said that they are proposing to expand their operations, which are already existing in the area. Mr. LaBruce said that this site makes sense to them because of the new Target location and because they also need additional corporate space. HEARING BEFORE THE CITY COUNCIL, November 14, 2005, continued. He said a large portion would be the retail store and a smaller portion would be office space. Mr. LaBruce said that they have been in this community for twenty two years and are very committed to it. He said they hope to add equitable value to the area. Mr. LaBruce said they would add an attractive façade with sconces to the building which would add value to that section. Mr. LaBruce said they hope to employ new people from the Leominster area. He said their hours would be 9:00 a.m. until 9:00 p.m. and closed on Sundays except during December. He said that they will be a low noise tenant and most of the traffic will come from Route 2. Mr. LaBruce thinks that people in that area would appreciate a store like theirs since it is a Christian religion book store that sells a lot of different items with a spiritual impact. He said that sometimes buying something from their store at the right moment, for the right person, can be life changing. No one from the audience spoke in favor or opposition. Councillor Dombrowski asked who the other tenants were on that property and what they did. Mr. Bigelow said the following tenants were at this site: ProTec, a manufacturing company occupies 6,400 square feet of space; Pepperidge Farm, a Warehouse has 6,400 square feet; Lesco, a wholesale lawn and garden supply company has 6,400 square feet; Sunrise Petitions, office space and storage, has 3,000 square feet; and EMG Associates, an Architectural Landscaper who has office and storage space of 9,856 square feet. Councillor Dombrowski said that they may need to amend the petition to include other things such as gift items that they will be selling. The petition now states that they will be selling just books. Councillor Dombrowski asked who their customers generally are, anyone off the street, or are they dealing with schools and churches as well. Mr. LaBruce said that they deal with a lot of churches in the area but do very little business with schools. Councillor Dombrowski wanted to get an idea of how many cars or customers a day would be going to this site. Mr. LaBruce said his total customer count would probably be between 40 – 80 per day. Councillor Dombrowski said this is a new Ordinance and this is the first petition to come before the City Council under this Ordinance. One of the items that the City Council has to find is that there is no reasonable industrial alternative available to the applicant. He asked the applicant how he would meet that criteria. Mr. Bigelow said that they have been there two years and prior to that it was vacant for one year. He said that they have been trying to find tenants to fill the Industrial spaces, but have not been able to. Councillor Marchand said that on the plan it showed that they had five tenants at the site and only four had been listed. Councillor Marchand asked who the fifth tenant was and where they were located. Mr. Bigelow said that Sunrise is in the cellar underneath EMG. Councillor Marchand asked if all the tenants are currently in good standing regarding zoning regulations. Mr. Bigelow said that they are. Councillor Rowlands said he views this in two different phases. One phase is the validity of the Special Permit and how it applies to this project and the other being if the Special Permit does apply, then what conditions we could impose. He said he didn’t want to get into the conditions until we are sure that the project meets the validity of the Ordinance. One of the criteria is whether it fits into the character and integrity of the neighborhood. Councillor Rowlands said there is no question in his mind that this would be the best case scenario for this neighborhood. Councillor Rowlands said that the old style Industrial is not working in this city and he feels we need a new style of office space and development while still maintaining some Industrial space. Councillor Rowlands asked why an Industrial addition is being proposed if the building itself has no other reasonable industrial alternative. Mr. Coleman said that the addition was proposed for another potential tenant. In regards to any other tenants that might want to petition for a Special Permit, Mr. Coleman said that Lesco did indicate to the applicants that they would like to sell retail. He said they are not a major player in the retail market, but if a neighbor or other individual would like to come in and buy some fertilizer, they would like to be able to sell it to them. As it is now, they cannot sell it. They would not advertise as a retailer. Mr. Coleman also said that Protecs lease is up in another month or two and they will be out of the building, so they will have one more vacancy of 6,400 square feet. Mr. Bigelow said that once they start the project that there is a two year time table, it would have to be complete within that time. Councillor Rowlands said that he wants the gate issue resolved. He said they will have to discuss that when they set the Special Permit Conditions. Councillor Marchand asked when they project the driveway will be complete. Mr. Bigelow said that it should be done by the end of next year, if not sooner. Councillor Rowlands said he wants to reinforce that this would be a Special Permit for a change of use and if another use goes in there, another Special Permit will be required. Councillor Rowlands also said that once the decision is made that there is no other industrial use, it will open the building up for other Special Permit applications. He feels that there is reasonable use for some of the building and it is shown by the fact that there are industrial tenants in there. Councillor Rowlands said that two years of the building being empty is the definition of being abandoned. Councillor Rowlands said he looks favorably on some portion of the building being a retail complex, but would not support the entire building being retail. HEARING BEFORE THE CITY COUNCIL, November 14, 2005, continued. Councillor Robert Salvatelli asked what they pay for real estate taxes per year on that building. Mr. Bigelow said they pay approximately $20,000.00. Councillor Rowlands said the assessed value on that building is $1,728,000. Councillor Marchand asked that the City Clerk check with the City Solicitor on the language of the petition as to whether they need to list exactly they are going to be selling. Councillor Marchand said he would like to leave this hearing open until January 9, 2005 at 6:45 P.M. Councillor Marchand also said that he would ask the Fire Chief to get the conditions they have to Mr. Bigelow before this time. Councillor Dombrowski asked if he could get a list of exactly what would be sold at the book store. Councillor Robert Salvatelli said that he would like a site visit before the next hearing in January. HEARING ADJOURNED: 7:55 P.M., and continued to January 9, 2006 at 6:45 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 14, 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 October 24, 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-52 Relative to the appropriation of $5,000.00 to the Sidewalk and Curbing Expense Account; same to be transferred from the Excess and Deficiency Account. C-53 Relative to the appropriation of $12,000.00 to the Sanitation and Drainage Expense Account; same to be transferred from the Emergency Reserve Account. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. A hearing was scheduled for December 12, 2005 at 7:00 P.M. Vt. 9 “yeas.” C-54 Dean J. Mazzarella, Mayor: Request that the City Council set a hearing for the classification of the tax rate on December 12, 2005 for the purpose of setting the Fiscal Year 2006 tax rate. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE, and given REGULAR COURSE. C-55 Dean J. Mazzarella, Mayor; on behalf of the Leominster Public Library: Request the establishment of the Constance Mark Trust Fund. The following COMMUNICATIONS were received, referred to the SMALL BUSINESS & ECONOMIC DEVELOPMENT COMMITTEE, given REGULAR COURSE and referred to the Assessor. C-56 Dean J. Mazzarella, Mayor and Christopher J. Paquette, Economic Development Coordinator: Approve the Certified Project Application and authorize a Tax Increment Financing Agreement with Heat Trace Products, LLC and Key Plastics. C-57 Dean J. Mazzarella, Mayor, and Christopher J. Paquette, Economic Development Coordinator: Approve the Certified Project Application and authorize a Tax Increment Financing Agreement with Fosta-Tek Optics Inc. and North Leominster Realty, LLC. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 14, 2005, continued. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, and given REGULAR COURSE. A hearing was scheduled for November 28, 2005 at 7:30 P.M. Vt. 9/0 28-06 Massachusetts Electric Company and Verizon New England, Inc.: Mary Avenue: Install two jointly owned poles on Mary Avenue beginning at a point approximately 128 feet north of the centerline of the intersection of Bella Villa Avenue and continuing approximately 140 feet in a northerly direction. Upon recommendation of the FINANCE & LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8 “yeas” Councillor Freda abstained due to a possible conflict of interest. C-50 Mayor Dean J. Mazzarella: Adopt Chapter 126 of the Acts of 1988, which amended Section 4 of Chapter 73 of the Acts of 1986, to adjust the amount of the exemption, for those qualified under Section 5 of MGL 59, to increase the factor from 1.30 to 1.50 effective for Fiscal Year 2006. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 9 “yeas.” 26-06 Randy Bigelow, 375 Harvard Realty LLC: Grant a Special Permit to use 12,800 square feet of an existing building, located at 375 Harvard Street, shown on Assessor’s Map 370 as lot 19 and located within an Industrial Zone for a Christian book store. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW without prejudice. Vt. 9/0 27-06 William C. (Bud) Taylor II: Adopt a resolution supporting the establishment of an elected Charter Commission who’s names would appear on the 2007 municipal ballot, after proper nomination and subsequent selection by election, so said Charter Commission could present recommendations to change the City Charter on the 2009 municipal ballot. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0. C-51 Mayor Dean J. Mazzarella: Request that Joseph Cataldo, employee of the City of Leominster’s Planning Department and John Pompei, employee of the Leominster Fire Department, be exempt from the provisions in M.G.L. Chapter 268A (20B) Conflict of Interest, as these individuals will be officiating for the Leominster School Department. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas.” Emergency Management - Auxiliary Police - Andrew J. Triola, Stuart R. Fuller, Justin E. Doyle, Donn A. Deane, Eric C. Millar, Stephen A. Buffone, Christopher M. Shea, Kara L. Hartung, Scott A. Boutell, Vincente L. Figueroa, Justin P. Nichols, Reginald A. Cortana, Michael J. Fazio, Michael J. Hopkins and Ryan N. Caneen. The following ORDINANCE was read a second time, adopted as presented and passed to be ordained.. Vt. 8 “yeas”. Councillor Dombrowski abstained due to a possible conflict of interest. THE CITY OF LEOMINSTER In the year two thousand five AN ORDINANCE Amending Chapter 22 of the Revised Ordinances entitled “Zoning” by amending the Zoning Map. 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 by changing the Leominster Zoning Map, so that property at Jytek Drive and Central Street, currently zoned as Industrial and identified as Assessors Map 499, Lots 12, 21, 22 and 36, is located entirely within the Commercial zone. ______________________________________________________________ REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 14, 2005, continued. The following ORDINANCE was read once and adopted as presented, and ordered published. Vt. 9 “yeas”. A hearing was scheduled for November 28, 2005 at 7:35 P.M. Vt. 9 “yeas.” 1st Reading Ordinance – amend Chapter 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Flaggler Road, against eastbound drives at Day Street.” ____________________________________________________ Under New Business, Councillor Freda wanted to remind everybody that this Sunday, November 20, 2005 is Breakfast of the Bands for the Leominster and Fitchburg Bands with the Rotary Club at the Leominster High School. Council President, Robert Salvatelli said that the City Council should be proud of City Clerk, Lynn Bouchard and the job she did with the Election. Council President, Robert Salvatelli, expressed that he was unhappy with the letter sent by the Police Department to a major contributor to the Canine fund raiser. He said he felt it should have been more personalized and sent in a timelier manner. MEETING ADJOURNED: 8:47 P.M. ___________________________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council