City Council

HEARING BEFORE THE CITY COUNCIL, DECEMBER 12, 2005 Hearing opened at 7:30 P.M. with Councillor Nickel, Chair of the Public Service Committee, presiding. All members present except Councillor Dombrowski. The following PETITION was the subject of the hearing. 29-06 Massachusetts Electric Company and Verizon New England, Inc.: Willard Street: Install two jointly owned poles on Willard Street beginning at a point approximately 266 feet north of the centerline of the intersection of Larson Avenue and continuing approximately 229 feet in a northerly direction. Iris Price from National Grid was present. Ms. Price said that a customer is building several homes in that area and needs a pole installed for power. No one spoke in favor or opposition. HEARING ADJOURNED: 7:32 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 12, 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 November 28, 2005 and found to be in order. The records were accepted. A motion was made and seconded to go into Executive Session under the provisions of Chapter 39, Section 23B of the Massachusetts General Laws. Voted by roll call. Vt. 9 “yeas.” Councillor Salvatelli said the regular meeting would reconvene at the conclusion of the Executive Session. Recessed at 8:06 P.M. Meeting reconvened at 8:53 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-59 Relative to the appropriation of $5,500.00 to the Police Drug Task Force Expense Account; same to be transferred from the Emergency Reserve Account. C-60 Relative to the appropriation of $1,800.00 to the Recreation Department Expense Account; same to be transferred from the Emergency Reserve Account. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Department, Department of Public Works, Building Department and the Assessor Office. A hearing was scheduled for January 23, 2006 at 6:30 P.M. Vt. 9/0. C-61 Dean J. Mazzarella, Mayor: Request that eight parcels located on Laurel Street, Spruce Street and Whitney Street shown on Assessor’s Map 40 as lots, 1, 2, 3, 5, 6, 6a, 16 & 17 be rezoned from Industrial to Residence C. The following COMMUNICATION was received, referred to the PUBLIC SAFETY COMMITTEE, and given REGULAR COURSE. C-62 Dean J. Mazzarella, Mayor: Accept a donation of equipment from International Rectifier Corporation for Rescue Dive Equipment valued at $4,500.00. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE, and give REGULAR COURSE. C-63 Dean J. Mazzarella, Mayor: Request that Paulette Robichaud be exempt from the provisions in M.G.L. Chapter 268A (20B) Conflict of Interest as she is currently employed by the City of Leominster’s School Department and will be taking a part time position with the Recreation Department. REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 12, 2005, continued The following COMMUNICATION was received under SUSPENSION OF THE RULES, referred to the FINANCE COMMITTEE, and given REGULAR COURSE. Vt. 9 “yeas.” C-64 Relative to the appropriation of $15,000.00 to the Highway Overtime Account; same to be transferred from the Emergency Reserve Account. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Department. A hearing was scheduled for January 23, 2006 at 7:00 P.M. Vt. 9/0 32-06 Leominster City Council; Richard M. Marchand, David E. Rowlands, John Dombrowski, Claire M. Freda, James Lanciani Jr., Wayne A. Nickel, Dennis A. Rosa, John A. Salvatelli, and Robert Salvatelli: Amend the City of Leominster Zoning Ordinances Article II, Sections 22-163, Generally Permitted Uses to include new Subsections 16.9, 16.9.1 and 16.9.2 which will allow for the use of one undeveloped lot in a zoning district in which a desired but non-permitted residential use is sought to obtain a Special Permit of the City Council and in the case of an undeveloped lot of 1.5 acres or less in existence prior to July 1, 2005 in the Industrial Zone, the Leominster City Council may, by Special Permit, allow a non-conforming business use if it is determined that there is no present, reasonable, industrial use for the lot, and the proposed use is not contrary to the general welfare, safety, health and morals of the city. The lot and the structures thereon must comply with all dimensional zoning requirements for the Business A District as set forth in Article III Dimensional Regulations. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Department, Fire Department, Building Department, Conservation Commission, Health Department and the Department of Public Works. A hearing was scheduled for January 23, 2006 at 6:45 P.M. 33-06 Patrick Keating, The Tyree Company, N.E.: Amend the current license to store underground flammable liquids from 40,000 gallons to 30,000 gallons at 528 North Main Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE given REGULAR COURSE and referred to the Planning Department, Building Department, Health Department, Conservation Commission, the Department of Public Works and the Treasurer and Collector. A hearing was scheduled for January 23, 2006 at 7:15 P.M. 34-06 James Whitney, 557 Lancaster Street Realty Trust: Grant a Special Permit to allow the Academy of Dance Arts to occupy 3,000 square feet of the existing 12,000 square foot building at 557 Lancaster Street, located in an Industrial zone and shown on Assessor’s Map 443A as Lot 3. The following PETITION was received, referred to the LEGAL AFFAIRS and PUBLIC SERVICE COMMITTEES, given REGULAR COURSE and referred to the City Solicitor, Department of Public Works, Planning Department and the Building Department. 35-06 Christopher Grunditz: Request that Cedar Road, a paper street, be abandoned. The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Mayor. 36-06 Claire M. Freda: Install street lights on Bicentennial Avenue and possibly side streets off Bicentennial Avenue to be determined by the Police Department. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. C-54 Relative to determining the factor to be used in setting the Fiscal Year 2006 tax rate. (A hearing is scheduled for January 9, 2006 at 6:30 P.M.) Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9/0. C-58 Relative to the appropriation of $10,000.00 to the Wire Department Public Safety Overtime Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Ten Thousand Dollars ($10,000.00) be appropriated to the Wire Department Public Safety Overtime Account; same to be transferred from the Emergency Reservce Account. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 29-06 Massachusetts Electric Company and Verizon New England, Inc.: Willard Street: Install two jointly owned poles on Willard Street beginning at a point approximately 266 feet north of the centerline of the intersection of Larson Avenue and continuing approximately 229 feet in a northerly direction. REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 12, 2005, continued. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FUTHER TIME. Vt. 9/0. 30-06 Paul LeBlanc and Henry Lanza, on behalf of the License Commission: Accept MGL Chapter 138, Section 12, which allows cities and towns to permit common victualers (food) who sell wine & malt beverages under MGL Chapter 138, Section 12 to also sell Liqueurs and Cordials. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME and referred to the Mayor. 31-06 David Rowlands: Designate Harvard Street as a 25 MPH speed zone and post speed limit signs indicating such designation. Under Old Business, Councillor Freda said very little of the Pellecchia property is in the watershed district. Councillor Freda said that in recent talks with the Mass Audubon Society and the Trustees of Reservation, the possibility of collaborating with the Division of Conservation and Recreation, Massachusetts Audubon Society and the Trustees of the Reservation on a forest legacy application which may include the Pellecchia property was discussed. President Salvatelli said that the city was not interested in purchasing that property. Upon recommendation of the FINANCE AND WAYS & MEANS COMMITTEES, the following RESOLUTION was adopted. Vt. 9 “yeas.” RESOLUTION Authorizing the Doyle Field Renovation Project, Phase I, Year 2 project expenditures cost of $1,300,000.00. The total project cost is expected to be $1,300,000.00 payable by State Grant Funds and Donations. This project is to be managed and controlled by the Doyle Field Commission of Leominster and that the Mayor be authorized to file all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Self-Help Act/Urban Self-Help Section (Chapter 933 Acts of 1977 as amended) and/or any others in any way connected with the scope of this Article and to enter into all agreements and execute any and all instruments as may be necessary on behalf of Leominster to affect said renovation. Approved: December 13, 2005 /s/ Dean J. Mazzarella, Mayor Under New Business, Councillor Marchand said that some Councillors expressed a desire to have a joint Public Hearing with the Planning Board on petition 32-06. Councillor Marchand requested that the Planning Board be contacted about a joint Public Hearing on January 23, 2006. Council President, Robert Salvatelli said that this is Councillor John Salvatelli’s last meeting. He said that he has served the City of Leominster for twelve years, ten years on the City Council and two years on the School Committee. Councillor Robert Salvatelli wanted to recognize his outstanding work in public service. City Clerk, Lynn Bouchard, congratulated Councillor Robert Salvatelli and gave him a plaque for his one year service as council president. Councillor Rowlands, Chairman of the SMALL BUSINESS & ECONOMIC DEVELOPMENT COMMITTEE, moved that the following COMMUNICATIONS be removed from the table and be placed on the calendar for action. It was so voted. Vt. 9/0. Committees report as follows. 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. FURTHER TIME Vt. 9 “yeas”. 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. GRANTED Vt. 9 “yeas.” MEETING ADJOURNED: 10:10 P.M. ___________________________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council