City Council

HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2006 Hearing opened at 6:00 P.M. with Councillor Rosa, Chair of the Finance Committee presiding. All members present except Councillors Freda and Marchand. The following COMMUNICATION 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 hearing is continued from January 9, 2006. For the record, Councillor Rosa read a letter, dated January 18, 2006, from Walter Poirier, Chief Assessor; Dear Councilor Rosa, The Board of Assessors must again request that the Classification Hearing for Fy2006 be continued to a later date. As of this date we have not received certification. We respectfully request that the best way to address the future meeting is to have a special meeting set 48 hours after we receive final certification. The DOR now mandates that a city or town may not hold a classification hearing before the values have received final certification. The process is we first need preliminary certification, then 5 working days must be reserved for public disclosure, with notification published in the paper, and the new values put up on the web and placed in public areas of City hall and the Library. After the 5 days, we then submit for final certification, which may take 1-3 days depending on the response time from the DOR/BLA. Once received, either orally or in writing, we will then notify you that the hearing can proceed. Then, hopefully, a special meeting can be held and the final process for getting the tax bills out started. If you have any questions, please do not hesitate to call me. No one from the audience spoke in favor or opposition. HEARING ADJOURNED 6:04 P.M., and continued to a date to be announced. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2006 Hearing opened at 6:32 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following COMMUNICATION was the subject of the hearing. 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. Mayor Mazzarella explained that they are trying to rezone these properties so that the lot owned by the City can be used to do a project with Habitat for Humanity. He said that the city took the lot for non-payment of taxes (the lot on the corner of Spruce and Whitney Streets.) Mayor Mazzarella explained that the land in question is zoned Industrial. He said to avoid spot zoning, they took a look at the land around that area and saw that most of the lots on Assessor’s Map 40 that are zoned Industrial actually have homes on them. Mayor Mazzarella said he is requesting that these lots be changed from Industrial to Residence C. He said that looking back they could not find where these lots were ever used for industry. Mayor Mazzarella said that a single family home would be constructed on that lot, and it would be built under the direction of the Habitat for Humanity with the Center for Technical Education building the home. He said the Lions and several other organizations are assisting to help pay for some of the expenses there. Mayor Mazzarella said the family for who this house is being built for has a child with a physical disability, so there would be handicapped ramps built on the property. He said the Center for Technical Education is working with the Department of Public Works and the Habitat for Humanity designing the home. Mayor Mazzarella said this would be the third or fourth project that the Habitat for Humanity has done in our city. Councillor Marchand said this sounds like a great project and asked what the timeline would be on this project. Mayor Mazzarella said that it would be the Center for Technical Education project for next year. He said it would be built in the 2006-2007 school year and should be completed by June, 2007. No one in the audience spoke in favor or opposition. Councillor Rowlands said that this is a really good project and he is happy to see the Center for Technical Education getting back into this type of work. Councillor Rowlands said he would support this project. HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2006, continued. Councillor Salvatelli said that the Habitat for Humanity generally gets community people involved and asked if they will do that. Councillor Salvatelli asked if the family that will own this house currently lives in Leominster. Mayor Mazzarella said that the community will have an opportunity to be involved in many areas. He said that the family whom this house is being built for is from Leominster and that they don’t have modifications to their current home for their disabled child. Mayor Mazzarella said this will be a perfect opportunity for the family and the community. Councillor Salvatelli said this will upgrade that area. Councillor Tocci said she thinks this is a really good project and that she always supports the Habitat for Humanity. She said she would support this petition. Councillor Nickel said congratulations and thanked Mayor Mazzarella for bringing this to Leominster, as it is a great program. He also said this will be a good addition to the neighborhood. Councillor Freda said she also supports this project. She said the family is a deserving family and this is a great opportunity to help them out. Councillor Freda said the Rotary Club was involved in the beginning. She said the Rotary Club will be helping along with the Lions Club. Councillor Lanciani said that this is a great opportunity to show that the community can work together. He said he supports it. Councillor Marchand said that the Planning Board will be holding a Public Hearing on February 7, 2006 and because it is a rezoning issue, the City Council will have to give it Further Time until after the Planning Boards Public Hearing. HEARING ADJOURNED: 6:45 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2006 Hearing opened at 6:46 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 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. (Legal Affairs) No one representing the petitioner was present. No one from the audience spoke in favor or opposition. John Dombrowski said that this is a reduction in the amount that they want to store, so he would be in favor. Councillor Marchand said that positive recommendations were received from the Health Department, the Department of Public Works, Fire Department, Building Department and the Planning Department. Councillor Marchand said that everything appears to be in good shape. HEARING ADJOURNED: 6:50 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD, JANUARY 23, 2006 Hearing called to order at 7:08 P.M. Attendance taken by roll call, all Council members were present. Also present were members of the Planning Board, John Souza, Carol Vittorioso, Armand Maillette, Salvatore Ciccone, Thomas Carignan, Dave DiGiovanni and Planning Director Kate Griffin-Brooks. The following PETITION was the subject of the hearing. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD, JANUARY 23, 2006, continued. 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. Councillor Dombrowski said that this petition is a hybrid of a petition submitted by John Souza, Chairman of the Planning Board and another petition that was submitted by Attorney Watts on behalf of a property owner. Councillor Dombrowski said that essentially 16.9.1 is the exact same as 16.9 which is currently in our zoning ordinance. He said that all we have really done is add 16.9.2. Councillor Dombrowski asked whether this is going to trigger a need for a site plan approval pursuant to 22-48 of the zoning ordinance or if we need to add some language to this specific ordinance in regards to site plan approval. Mr. Souza said yes, site plan approval would be triggered. Mr. Souza said that this is for Use Variance only. He said it will allow that acreage of the vacant lot to be used as a use to be determined. He said the lot will always remain Industrial; it is just allowing another use on it. Mr. Souza said that if the use given by Special Permit is abandoned, it will go back to Industrial and once you change it to that new use, you may need to get a site plan approval according to the zoning of that particular use. Mr. Souza said you are basically giving a Special Permit for use. Councillor Dombrowski read the last sentence of 16.9.2 stating “the lot and structures thereon must comply with all dimensional zoning requirements for the Business A District as set forth in Article III Dimennsional Regulations”, and said that was language incorporated at the suggestion of the Chairman, John Souza. He asked Mr. Souza to explain to the public why he chose to use the Business A Dimensional Requirements. Mr. Souza explained that in the Zoning Ordinance there is a “Table of Uses”, which states the different uses for the different zoning districts. He said that they tried to go by, not only the dimensional requirements in Business A, but also the uses in Business A under Business Uses. Mr. Souza explained that in Planning they try to have a phasing from Industrial or Commercial to Residential, so they use Business A, B & C, and also Residential A, B and C, so that each one becomes more restrictive as to what Business can go in that location as it gets closer to Residential. Mr. Souza said he chose Business A, Business Uses because he thought that is what fit the best for this area. He said that at a later date we could change the Table of Uses to add a new business, such as a bank. Mr. Souza read from the Zoning Book all the Business Uses from the Table that fell under Business A, Business Uses. Councillor Dombrowski asked if the City Council wanted to make the uses broader than that what is in Business A, how would the Planning Board suggest the Council regulate the dimensional requirements. Mr. Souza said that the Council could state that they want the Dimensional Uses of Business A, but the Uses from Business B. Mr. Souza read the differences between Business A and Business B from the Zoning book Table of Uses. Councillor Dombrowski said there are probably only between nine and twelve lots in the city which might be able to take advantage of this legislation. Councillor Dombrowski asked Mr. Souza which dimensional requirements he felt make the most sense. Mr. Souza said that Business A would be the best for dimensional requirements because Business B has no frontage requirements. Mr. Souza said that Business B dimensional requirements are really designed for an Urban area. Mr. Ciccone said that the city may want to update some of the uses in the “Table of Uses” and update some of the terminology. Mr. Souza said that updating the table of uses would be a separate issue and probably should be done. Councillor Rowlands said he agrees that the Table of Uses should be updated. Councillor Rowlands said he would like this ordinance to state that this would trigger a site plan. He said he feels that Business A uses might be a little too restrictive. Councillor Rowlands does agree with the Business A dimensional regulations. He would like it to be Business A and Business B Uses with Business A dimensional regulations. Carol Vittorioso asked if Councillor Rowlands was explicitly excluding Commercial Use. Councillor Rowlands said that with such small lots the Special Permitting would provide adequate control on what goes in there. He said if it was limited to Business A and Business B uses, under Business Uses, Commercial would be excluded. Mr. Souza said that we need to define that it is Business Uses for Business A and Business B Districts. He also said that it should state Site Plan approval required by Planning Board. Ms. Vittorioso said if we were going to add language stating that a site plan be required, under the Planning Board regulations, a site plan is required if there is going to 10,000 square feet of use and 10 parking spaces. She said we need to specifically state that a site plan is required if it qualifies as a site plan or refer to section 22-48; Site Plan Approval. Councillor Rowlands said that we need to move forward with this as soon as possible. He said we should try to agree upon the changes while everyone is here. He said the changes he feels should be Business Uses under Business A and Business B Districts and also Business A District Article III Dimensional Uses. He said those are the two amendments we should make and should be able to agree on tonight. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD, JANUARY 23, 2006, continued. Councillor Marchand said that they will leave the City Council hearing open. The Planning Board will revise the language and submit it to Kopleman & Paige for approval. He said if they comply with those changes, the City Council can approve the Petition on their next meeting, on February 13, 2006. Ms. Vittorioso wanted a final reading of the revised ordinance, 16.9.2. It was read by Ms. Vittorioso as follows: 16.9.2 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 non-conforming business uses, found in districts Business A or Business B, 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 and Site Plan approval as determined by the Planning Board and/or the Leominster Zoning Ordinance. No one from the audience spoke in favor or opposition. HEARING ADJOURNED at 7:55 P.M. and continued until February 13, 2006. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2006 Hearing opened at 8:02 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. All members were present. The following PETITION was the subject of the hearing. 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. Introduced and made part of the record were the following: A. Petition 34-06 submitted by James Whitney, 557 Lancaster Street Realty Trust with accompanying plan prepared by Hannigan Engineering, Inc., 8 Monument Square, Leominster, MA dated February 25, 2004 and a revised plan dated January 17, 2006. B. Notice of public hearing published in the Sentinel & Enterprise on January 9, 2006 and January 16, 2006. C. Positive recommendations were received from the Treasurer and Collector, Director of Inspections, and the Health Department. The Department of Public Works gave a positive recommendation but had some concerns with the issue of parking that would have to be addressed. No recommendation was received from the Conservation Commission. D. The Planning Board gave a positive recommendation with the following condition: Six parking spaces will be allocated for the dance school use and will be configured so the driver does not have to back into the state highway 117. Dance school employee parking will be at the rear of the building. In a subsequent recommendation from the Planning Director, it was stated that if the applicant’s engineer can not show that this amount of parking is feasible based on Leominster’s off-street parking standards then the Boards Conditions could not be met and they would recommend denial of this petition. The petitioner, James Whitney, 557 Lancaster Street Realty Trust, was present along with Heather Armstrong, owner of the Academy of Dance Arts. Mr. Whitney said that Ms. Armstrong would like to lease 3,000 square feet of an existing 12,000 square foot building. Ms. Armstrong said that she is the owner and artistic director of Academy of Dance Arts currently located on Central Street. Ms. Armstrong said that she was born and raised in Leominster. She has been teaching dance since she was 16 years old and at the age of 22 she opened her own dance studio. Ms. Armstrong said she started teaching in Fitchburg but that it was always her dream to teach in Leominster. She said her students have gone on to represent Leominster regionally, nationally and have attended some of the best dance schools in the country. Ms. Armstrong said that she hopes to be able to keep on doing what she is doing. Mr. Whitney submitted an updated site plan showing the 3,000 square feet in the building and also a calendar of scheduled classes that Ms. Armstrong updated, showing the times of class pickup and drop off times. Councillor Marchand asked Ms. Armstrong if the new schedule is going to transfer over to the new proposed site. Ms. Armstrong said it was. Mr. Whitney said that this was the first he had seen of the updated recommendation from the Planning Director. He said that he understood it to be that the six parking spots were for the 3, 000 square feet of the building being used which is one-quarter of the building and one-quarter of the parking spaces. He said he will have to get some clarification from Ms. Brooks on that. Councillor Dombrowski said that he would like to see the updated letter from the Planning Board. HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2006, continued. Councillor Rowlands said that himself and three other councilors spent an hour and a half at the site. He said it is a difficult decision because of the busy street. Councillor Rowlands said he would like a letter to go the Planning Department to better define not only dance studios, but similar businesses like martial arts, or karate. He said it is very vague as to what the requirements are for this type of business. Councillor Rowlands said that there would have to be conditions for this Special Permit. Councillor Marchand asked Ms. Armstrong if the classes could be staggered so there wouldn’t be as many cars there at one time. Ms. Armstrong said she could. Councillor Marchand opened it up to the audience for comments. Barry Cosimi spoke in favor of this petition. Lisa Pete, a mother of one of the students, spoke in favor. She said that they drop off and pick up the students and do not stay and utilized parking spaces. Joe Carboni who lives directly across from the facility, said he is concerned with people parking in front of his property. He is not against petition, although he does have concerns with the parking though. Ken Terrel has a daughter that dances and said when he drops her off, usually the only other car in the parking lot is the instructors. Mr. Terrel said he is in favor of this petition. John Mahan said he is in favor of this petition. He said the rehabbing of the existing building and relocating Leominster businesses to this location is the best use of this building, which has been empty for a long time. Mr. Mahan said he had gone through this building prior to Mr. Whitney rehabbing it and saw what it was like. He said Mr. Whitney should be commended on bringing this building back and getting it on the tax rolls in a positive way. Mr. Mahan said he visited the property and counted twenty defined parking spaces and probably a few more. He said he parked his car and tried getting out of the spaces without backing onto Route 117 and it is possible. Councillor Freda asked how long ago Mr. Whitney brought his petition regarding the re-use of Industrial Buildings to the City Council. Mr. Whitney said probably close to two years now. Councillor Freda said that she has been watching that building deteriorate for years as well as tractor trailer trucks trying to come in and out of that area. She asked why the City Council should question the owner of the building about the number of parking spaces this dance studio would use. She said if it takes up more spaces, it will cut back on the number of spaces another occupant would be able to use. Councillor Freda said that this is an existing business, so they do have an idea of the number of students and the number of cars that would be there. Councillor Freda said there are some things we could do in regards to exiting the lot. They could make a suggestion of taking a right only out of the lot. Councillor Freda said she is in support of this petition. Councillor Lanciani said that he is in support of this petition. He said he counted twenty-two spaces on the site plan that was submitted and that the Planning Department approved this with the condition that six parking spaces be allocated to the dance studio. Councillor Lanciani said that most parents just drop off and pick up and do not stay and that the number of total students at any one time is not that many. Councillor Lanciani said that there should be some way to make it so the parents could just come in and drop off and drive right back out onto Route 117 without having to park and back out onto Route 117. Councillor Lanciani said he will support this petition. Councillor Dombrowski said they have done a good job fixing this building up. Councillor Dombrowski said after reading what the Planning Board wrote he is not quite sure he understands it. He said he does not feel comfortable limiting the number of spaces to a particular business, he feels that should be up to the owners. He said he would be more comfortable putting conditions on things that they cannot do such as no parking of either side of Route 117, no parking in the existing right of way easement and no backing out onto Route 117. Councillor Dombrowski said he feels that would take care of the safety issues. He said that this is a special permit and if they don’t abide by the conditions, it could be taken back before the City Council. Mr. Whitney said that when they were looking at businesses to bring into that building, they liked this one because of the hours of operation. He said that 90% of the time the dance studio is open when other businesses are not. He said this will give Ms. Armstrong more available parking spaces to use for her business. Councillor Nickel said he feels this is workable. He said it looks like there is plenty of room for the parents to be able to pull in and drop off on the side of building. Councillor Nickel asked who else is part of this project is. Mr. Whitney said Barry Cosimi is also involved. Councillor Rowlands said the people involved are all very good people and the building looks great, but that is not what this is about. Councillor Rowlands question is “is it safe”? Councillor Rowlands said he would want to see a staggering time of fifteen minutes between classes and a limit to how many kids are taking class at one time. Councillor Rowlands said Leominster does not have clear zoning regulations with this type of business. HEARING ADJOURNED at 8:55 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JANUARY 23, 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 9, 2006 and found to be in order. The records were accepted. A recess was called at 8:02 P.M. to continue the public hearings and hold a public forum. Meeting reconvened at 9:10 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-75 Relative to the appropriation of $8,000.00 to the Other Finance Offices Expense Account; same to be transferred from the Excess and Deficiency Account. C-76 Relative to the appropriation of $2,000.00 to the Cemetery Overtime Account; same to be transferred from the Emergency Reserve Account. The following PETITION was received, referred to the LEGAL AFFAIRS & PUBLIC SERVICE COMMITTEES, given REGULAR COURSE and referred to the Planning Department, Police Department, Fire Department, Assessor and the City Solicitor. 38-06 Christopher Grunditz: Request that Cedar Road, a paper street, be discontinued. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas”. 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. Vt. 9/0. C-54 Relative to determining the factor to be used in setting the Fiscal Year 2006 tax rate. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were RATIFIED. Vt. 9/0. 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. (Granted on January 9, 2006 as an Emergency Preamble; another vote is required.) 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. (Granted on January 9, 2006 as an Emergency Preamble; another vote is required.) Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas”, Councillor Tocci abstained due to conflict of interest. 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. ORDERED: that the sum of One Hundred Thousand Dollars ($100,000.00) be appropriated 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. ORDERED: that the sum of Forty Thousand Dollars ($40,000.00) be appropriated to the Police Department Salary and Wages – Prior Year Expense Account; same to be transferred from the Collective Bargaining – Prior Year Expense Account. REGULAR MEETING OF THE CITY COUNCIL, JANUARY 23, 2006, continued. A motion to recess was made at 9:55 P.M. in order for Police Chief Roddy to speak. Meeting reconvened at 10:00 P.M. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas”. 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. ORDERED: that the sum of One Hundred Twenty Seven Thousand Dollars ($127,000.00) be appropriated 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. ORDERED: that the sum of Twelve Thousand Five Hundred Dollars ($12,500.00) be appropriated to the Forestry Regular Labor Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas”, Councillor Nickel abstained due to conflict of interest. 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. ORDERED: that the sum of Twenty Five Thousand Three Hundred Eleven Dollars ($25,311.00) be appropriated 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. ORDERED: that the sum of One Hundred Thousand Dollars ($100,000.00) be appropriated to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas”. 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. ORDERED: that the sum of Forty Three Thousand Six Hundred Eighteen Dollars ($43,618.00) be appropriated 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. ORDERED: that the sum of Six Thousand Two Hundred Dollars ($6,200.00) be appropriated to the Highway Labor Account; same to be transferred from the Excess and Deficiency Account. Upon request of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was given FURTHER TIME. 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. 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. (Public Hearing continued until February 13, 2006 at 7:00 P.M.) REGULAR MEETING OF THE CITY COUNCIL, JANUARY 23, 2006, continued. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 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. Upon recommendation of the Majority Report of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED with the following CONDITIONS: 1) No parking for said business shall be located on Route 117; 2) No parking on existing right of way easements; and 3) No vehicles shall back out onto Route 117. Vt. 8 “yeas” and 1 “nay”; Councillor Rowlands was opposed. A Minority Report to GRANT the PETITION with the following CONDITIONS was DEFEATED: 1) No parking for said business shall be located on Route 117; 2) No parking on existing right of way easements; 3) No vehicles shall back out onto Route 117; 4) Fifteen minute intervals between classes; and 5) No more than 25 students in building at one time. Vt. 2 “yeas” and 7 “nays”; Councillors Marchand, Tocci, Nickel, Freda, Dombrowski, Lanciani, and Rosa opposed. 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. 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. (A hearing is scheduled for February 13, 2006 at 7:15 P.M.) Under Old Business Councillor Lanciani said that the Council received a letter from the Mayors office relative to some property located near Monoosnock Country Club. There is a Purchase and Sale Agreement for $330,000.00 Councillor Lanciani said he believes we have first option on the land and wanted to know how the Councillors felt regarding this. Councillor Rowlands said he does not feel that land is worth spending money on. It is not a top priority piece of land. Councillor Freda asked if the Mayor has recommended this to the Conservation Commission and if there is wetland in that area. Councillor Lanciani said he was not sure. Councillor Lanciani said that we should send the Mayor a letter stating that the City Council has no interest in this land at this time. Under New Business Councillor Salvatelli read the following letter from Carol Newell: Honorable Councilor Robert Salvatelli President of City Council 25 West Street Leominster, MA 01453 Dear Councilor Salvatelli, I am very impressed with the concern of all the councilors for the abutters of 375 Harvard St. The conditions of the Special Permit for the Christian Book Store are going to be very helpful to us. It is very important to Mrs. Mary Ellis to have a buffer of trees. Across the street from my home is wet lands, so I have a natural butter, and nothing can be built on that area, but Mary did not want to look at the factory. As a result of your kindness she will be spared from a distasteful view. Would you please express my gratitude to the members of the City Council? Thank you very much, Sincerely, /S/ Carol D. Newell Councillor Nickel, Chairman of the PUBLIC SERVICE COMMITTEE, moved that the following PETITION be removed from the table and placed on the calendar for action. It was so voted. Vt. 9/0. Committee report as follows: 48-05 Peter A. CampoBasso, Esquire for James Whitney, President and Treasurer of J. Whitney Development Inc.: Accept and layout Jordan Way as a public way. GRANTED. Vt. 9/0. 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. Vt. 9/0. Committee report as follows: 59-05 Carol D. Newell: Place a stop sign at the intersection of White Street and Ridgewood Drive. LEAVE TO WITHDRAW without prejudice. Vt. 9/0. 99-05 Phillip McBain, Captain’s Lounge Inc.: Remove the eight “No Parking” signs on the east side of Main Street from 1536 Main Street to Pine Grove Avenue. LEAVE TO WITHDRAW without prejudice. Vt. 9/0. 100-05 Ken Ricker: Amend Chapter 13, Section 13-24.5 entitled “Parking Prohibitions – Tow Zone” to change the parking restriction on Main Street (east side) from Lakeside Avenue for four hundred fifty feet in a northerly direction from 9:00 P.M. to 6 :00 A..M. to 2:30 A.M. to 6:00 A.M. LEAVE TO WITHDRAW without prejudice. Vt. 9/0. REGULAR MEETING OF THE CITY COUNCIL, JANUARY 23, 2006, continued. 105-05 Neil S. Axelrod: Amend Chapter 13, Section 13-24.5(e) to reflect a tow zone from 9:00 P.M. to 6:00 A.M on the west side of Main Street for 120 feet in a southerly direction between Ferdinand Passway and Chase Avenue. LEAVE TO WITHDRAW without prejudice. Vt. 9/0. 19-06 David E. Rowlands: Place 20 m.p.h. speed limit signs on Haskell Avenue and Vista Avenue. LEAVE TO WITHDRAW without prejudice. Vt. 9/0. MEETING ADJOURNED: 10:43 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council