City Council

HEARING BEFORE THE CITY COUNCIL, JANUARY 9, 2006 Hearing opened at 6:35 P.M. with Councillor Rosa, Chair of the Finance Committee presiding. All members present; Councillor Dombrowski arrived late. The following PETITION was the subject of the hearing. C-54 Relative to determining the factor to be used in setting the Fiscal Year 2006 tax rate. Councillor Rosa said that at this time, the Finance Committee does not have any information. He said that Walter Poirier, Chief Assessor, addressed the City Council prior to the hearing and said that because of delays on the part of the state, the city is not ready with the information necessary to go forward with this public hearing. Councillor Rosa said that they are opening this Public Hearing since it has already been advertised twice in the Fitchburg Sentinel as required by law. Councillor Rosa said we will continue the Public Hearing when they have more information. No one from the audience spoke in favor or opposition. HEARING ADJOURNED 6:37 P.M., and continued to January 23, 2006. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 9, 2006 Hearing opened at 6:45 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. This hearing was continued from November 14, 2005. 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 the hearing for this petition was advertised October 31, 2005 and November 7, 2005. Councillor Marchand said that the space in question is 12,800 square feet of an existing building containing approximately 55,000 square feet. The building is currently zoned Industrial. Councillor Marchand said that Councillor elect, Virginia Tocci, was present, in the audience, at the first Public Hearing on November 14, 2005. He said that according to the City Solicitor, Judith Cutler, Virginia Tocci was not a sitting councilor at the time of the Public Hearing, therefore, Councillor Tocci would not be able to vote on this matter. Councillor Marchand recapped the recommendations from the Health Department, Department of Public Works, the Treasurer and the Fire Department that are documented in the November 14, 2005 hearing minutes. He said that a recommendation was received from the Conservation Commission and they do not have any objections to this proposal and that the applicant already has an Order of Conditions on file. Councillor Marchand said that the following is a criteria list that the Legal Affairs Committee has developed when granting Special Permit under the new Use of Existing Buildings Ordinance. 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. 11. Is the proposal in harmony with the neighborhood. Carol Newell, whose property is across from 375 Harvard Street wanted to thank Councillor Rowlands and Councillor Lanciani for the time and effort they have put in concerning this issue. Ms. Newell also wanted the Council to know how much she appreciates the effort of the Enforcing Officer, Ed Cataldo and Mayor Mazzarella who both drove over to the White Street gate when it was opened. Ms. Newell said that the Christian bookstore is a good idea, however, the abutters need two items as conditions of the Special Permit (1) would like red cedar trees, 4 feet tall at planting, for a buffer zone, which is a HEARING BEFORE THE CITY COUNCIL, JANUARY 9, 2006, continued. requirement of the Leominster Zoning Ordinance, Section 22-54.1.5.2 , and (2) the White Street gate installed and locked before any construction begins. Ms. Newell said that the abutters would also like all the same conditions that were part of the first site plan put on the new site plan. Ms. Newell submitted the new site plan along with a photo of the area to the Council. Mr. Marchand stated that the Council has reviewed both site plans but that the photo will be viewed for the first time. Leonard Trinkle, a neighbor to the property said that he does not oppose a Christian Bookstore going at this location but said that he would also like the gate closed at all times except in the case of an emergency. Mr. Trinkle also agrees that they should provide more of a buffer zone up and down White Street. No one else from the audience spoke in favor or opposition. Councillor Rowlands said that he knows the petitioner’s intention is to circle the entire road and close the back off completely with a gate in the course of a two year time frame. He said he agrees with the condition of the gate and asked Mr. Bigelow how he feels regarding this. Mr. Bigelow said that the gate has been opened probably three times since they bought the property. He said that they closed it off and don’t intend to use it. He said they intend to permanently get rid of it once the improvements have been made but right now it is just another added expense they cannot afford because the building right now is not paying for itself. Mr. Bigelow said he needs this additional tenant before he can take out more loans to pave all the way around the building. Councillor Rowlands also stated that part of the criteria for this Special Permit is that there is no other alternative use for this Industrial space. Mr. Bigelow said that he has had a Realtor, Tom McNamara, who has put this industrial space in trade publications which goes out throughout New England trying to attract tenants. He said Mr. McNamara has been in constant contact with other realty brokers trying to lease this space. Mr. Bigelow said there have been a couple of prospects, but nothing has come through and they have been trying for two years now. Councillor Salvatelli said that he had an opportunity to visit the site. He asked if the proposed addition for the Government Agency had fallen through and if the plans for the addition were out for now. Mr. Bigelow said yes, the plans for the addition had stopped. Councillor Salvatelli asked who the owners were of the land. Randy Bigelow said that Scott Bigelow and himself own it. Councillor Salvatelli asked if Carl Dimassa had any ownership it in. Randy Bigelow said no, he was a project manager for them. Councillor Salvatelli also asked the petitioner’s if they have to replace the sewer line and septic system? Scott Bigelow said that they do not have to, but they feel it is the right thing to do. Mr. Bigelow said they will extend the sewer into White Street and that it will not be that big of an expense. Councillor Salvatelli asked if the Bigelow’s owned the three acres of land and the barn adjacent to the property. Mr. Bigelow said that they did. Councillor Salvatelli said he wanted the public to know that this is a very valuable piece of property. Councillor Salvatelli said that this is the first Special Permit under Chapter 22 of the Revised Ordinances, Article II, Use Regulations, Section 22-16 Generally Permitted Uses, and that we have to be very careful that we get it right because it will set the precedence for similar Special Permits. Councillor Nickel said that he would like to see a breakaway lock on the gate before any construction begins. Councillor Nickel also said that once the tenant is in place he would like to see the plantings start immediately. Councillor Lanciani said there has been an ongoing problem at this site and he feels that some of the issues were not addressed by the petitioner’s. Councillor Lanciani said there is no way he will support this Special Permit unless the conditions regarding the gate are met. Councillor Lanciani also feels that they should plant trees as requested by neighbors. He also feels that if the barn was taken down and a new building is put up, it would add to the neighborhood. Councillor Lanciani said that he feels that the book store would be a plus in that area and he would wait to here what the conditions will be before making his decision on this Special Permit. Councillor Marchand said that the Council strongly supports the conditions that the Fire Department set forth. Councillor Marchand asked Councillor Rowlands if the gate similar to the one at BJ’s would be satisfactory. Councillor Rowlands said he has looked at different kinds of gates and that the BJ’s gate would be satisfactory. Councillor Marchand asked if the council can make a condition on what type of gate they install. Councillor Dombrowski said that yes, the council can specify the type of gate. Councillor Rowlands said he would suggest leaving it up to the Fire Department with the recommendation that it be similar to the gate at BJ’s. Councillor Rowlands said he wanted it put in the conditions “emergency use only”. Councillor Marchand said the two main things are the public safety and the integrity of the neighborhood. Councillor Dombrowski said for the record this building is zoned industrial and a large portion of it has been vacant for a long period of time. He said the City Council found that there was significant advertising attempts, the use of tradesman magazines, and the employment of a broker all to no avail. He said the Council also found the building, although zoned industrial, has no traditional factory or industrial uses going on in that building, and in fact, this particular use is probably more compatible with the neighborhood than an industrial use. Councillor Dombrowski said that is what satisfies the Councilors and himself that condition of the requirements for granting a Special Permit have been met. HEARING ADJOURNED: 7:30 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JANUARY 9, 2006 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 January 3, 2006 and found to be in order. The records were accepted. The following COMMUNICATIONS were received with an Emergency Preamble and referred to the FINANCE COMMITTEE. Vt. 9 “yeas” Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas”. C-65 Relative to the appropriation of $190,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of One Hundred Ninety Thousand Dollars ($190,000.00) be appropriated to the Snow and Ice expense Account; same to be transferred from the Excess and Deficiency Account. C-66 Relative to the appropriation of $25,000.00 to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-67 Relative to the appropriation of $100,000.00 to the Police Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-68 Relative to the appropriation of $40,000.00 to the Police Department Salary and Wages - Prior Year Expense Account; same to be transferred from the Collective Bargaining – Prior Year Expense Account. C-69 Relative to the appropriation of $127,000.00 to the Police Department Capital Outlay Account; same to be transferred from the Excess and Deficiency Account. C-70 Relative to the appropriation of $12,500.00 to the Forestry Regular Labor Account; same to be transferred from the Excess and Deficiency Account. C-71 Relative to the appropriation of $25,311.00 to the Fire Department Salary and Wages Account; same to be transferred from the Collective Bargaining Expense – Prior Year Expense Account. C-72 Relative to the appropriation of $100,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-73 Relative to the appropriation of $43,618.00 to the Library Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-74 Relative to the appropriation of $6,200.00 to the Highway Labor Account; same to be transferred from the Excess and Deficiency Account. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE given REGULAR COURSE and referred to the Building Department, Conservation Commission, Department of Public Works, Health Department, Fire Department and the Planning Department. A hearing was scheduled for February 13, 2006 at 7:15 P.M. Vt. 9/0 37-06 Hancock Associates, on behalf of Whitney Carriage Associates: Grant a Special Permit to remove and replace an existing retaining wall located at 122 Water Street, shown on Assessor’s Map 22 as lot 1 and located within a floodplain. The following APPOINTMENTS were received, referred to the WAYS AND MEANS COMMITTEE and given REGULAR COURSE. Leominster Cable Advisory Board – William C. Voedisch, Jr. – Term to expire April 15, 2008. Emergency Management Communications Unit – Michael J. Roland Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. (The hearing is continued until January 23, 2006) C-54 Relative to determining the factor to be used in setting the Fiscal Year 2006 tax rate. REGULAR MEETING OF THE CITY COUNCIL, JANUARY 9, 2006, continued. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” 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. ORDERED: that the sum of Five Thousand Five Hundred Dollars ($5,500.00) be appropriated to the Police Drug Task Force Expense Account; same to be transferred from the Emergency Reserve Account. Councillor Freda left the Council Chambers at 8:16 P.M. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas 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. ORDERED: that the sum of One Thousand Eight Hundred Dollars ($1,800.00) be appropriated to the Recreation Department Expense Account; same to be transferred from the Emergency Reserve Account. C-64 Relative to the appropriation of $15,000.00 to the Highway Overtime Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Fifteen Thousand Dollars ($15,000.00) be appropriated to the Highway Overtime Account; same to be transferred from the Emergency Reserve Account. Upon request of the LEGAL AFFAIRS & PUBLIC SERVICE COMMITTEES, the following PETITION was TABLED for study. Vt. 9/0. 35-06 Christopher Grunditz: Request that Cedar Road, a paper street, be abandoned. Upon request of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 8/0. 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. (A hearing is scheduled for January 23, 2006 at 6:30 P.M.) Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were TABLED for study. Vt. 8/0 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. 31-06 David Rowlands: Designate Harvard Street as a 25 MPH speed zone and post speed limit signs indicating such designation. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 8/0. 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. (A hearing is scheduled for January 23, 2006 at 7:00 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. (A hearing is scheduled for January 23, 2006 at 6:45 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. (A hearing is scheduled for January 23, 2006 at 7:15 P.M.) Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/0. C-62 Dean J. Mazzarella, Mayor: Accept a donation of equipment from International Rectifier Corporation for Rescue Dive Equipment valued at $4,500.00. REGULAR MEETING OF THE CITY COUNCIL, JANUARY 9, 2006, continued. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 8/0. (Upon return of Councillor Freda to the Council Chambers, a motion to reconsider the vote for Petition 36-06 was granted. Vt. 8/0. After reconsideration, petition was granted Vt. 9/0.) 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 recommendation of the SMALL BUSINESS & ECONOMIC DEVELOPMENT COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/0. 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. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED.Vt. 8/0. 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. Under Old Business Councillor Marchand said that the Legal Affairs Committee respectfully requests that the Clerk place the following Tabled Petitions on the next agenda: Petitions #19-06, #105-05, #100-05, #99-05 and #59-05. Councillor Marchand spoke about Victor Leger and all the great work he has done in the City of Leominster including all the fund raising and working Bingo for 30+ years in order to secure the continued presence of St. Cecilia’s church. Councillor Marchand just wanted to let Mr. Leger know how much the Council appreciates his decades of dedication to not only the City of Leominster but to the parishioners and the community of St. Cecilia’s parish. Councillor Nickel also expressed his appreciation for Victor Leger and all the dedication he has given the City. Councillor Lanciani said that Victor Leger, Richard Early, Richard Vautour and himself had their picture taken, after the 2006 Inauguration Ceremony in recognition of their (44) years of service to the Veterans Office. Councillor Laniciani said there is no other city or town in the Commonwealth of Massachusetts with four Veteran Agents still living with that much service between them. Councillor Lanciani also spoke about the 250th Anniversary of the City of Leominster and how Victor had instituted fund raising for over $70,000.00 to put the parade on. Councillor Freda returned to Council Chambers at 9:13 P.M. 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. Councillor Tocci abstained, unable to vote because she was not a Councillor at the November 14, 2005 Public Hearing. Committee report as follows: 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. GRANTED with CONDITIONS as follows: Vt. 8”yeas” 1. Access barrier for emergency purposes only of the EMS shall be installed and maintained according to the specifications of the Leominster Fire Department; and must be commenced in the spring of 2006 as soon as practical after the weather permits. 2. Exit doors on 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 foot fire lane must be available around the building as presently wherever two way traffic is proposed to travel. 4. The buildings fire alarms transmission capability should be converted to the AES digitized style radio transmitter now required on new construction in the city. 5. Erosion control measures are taken for the piles of soil and fill on the property. 6. Evergreen trees (Eastern Red Cedar or the equivalent) 4 feet high at planting shall be planted and maintained along White Street as shown on the plan entitled “Proposed Site and Grading Plan for 375 Harvard Street in Leominster, Massachusetts” dated 02-14-05 previously submitted to the Leominster Planning Board. The number of trees planted shall be sufficient in number to provide an adequate buffer to the residential neighborhood and must be commenced in the spring of 2006 as soon as practical after the weather permits. MEETING ADJOURNED: 9:20 P.M. ___________________________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council