City Council

HEARING BEFORE THE CITY COUNCIL, MAY 22, 2006 Hearing opened at 7:16 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. 67-06 James Whitney, 557 Lancaster Street Realty Trust: Grant a Special Permit to allow a bridal boutique shop to use 1,000 square feet of an existing 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 67-06 submitted by James Whitney, 557 Lancaster Street Realty Trust with accompanying plan prepared by Hannigan Engineering, Inc., 8 Monument Square, Leominster, MA dated January 23, 2006. B. Notice of public hearing published in the Sentinel & Enterprise on May 1, 2006 and May 8, 2006. C. Positive recommendations were received from the Leominster Fire Department, the Planning Department, the Building Inspector and the Department of Public Works. No recommendation was received from the Conservation Commission. The petitioner, James Whitney, 557 Lancaster Street Realty Trust was present, along with Debbie Baron, owner of the bridal boutique. Mr. Whitney said that Ms. Baron would like to lease 1,000 square feet of the existing building located at 557 Lancaster Street for a bridal boutique shop. Ms. Baron said that her shop is going to be a bridal boutique and that her hours of operation would be Wednesday and Thursday 12:00 P.M. to 8:00 P.M., Friday 12:00 P.M. to 5:00 P.M. and Saturday 10:00 A.M. to 5:00 P.M. She said most of her business would be through appointment with some walk-in customers. Councillor Rowlands said that parking is an issue here. He asked how many people would be employed at the boutique. Ms. Baron said she is the only employee and that she really can only work one on one with people so that there would not be more than one or two cars at a time in the parking lot. Councillor Dombrowski asked where the entrance would be and where in relation to the dance studio is it. Mr. Whitney said it is pretty much in the middle of the building. HEARING BEFORE THE CITY COUNCIL, MAY 22, 2006, continued Councillor Dombrowski asked if there would be designated parking spaces for this business. Mr. Whitney said no, they are going to leave them as they are. Councillor Rosa said he wanted to go on record stating his support of this petition. He said he would like to compliment Mr. Whitney for doing things right and getting the permits he needs. Mr. Rosa said that he has gotten word that there is Industrial areas in the city of Leominster that are being used for Commercial development without getting Special Permits from the City Council. Councillor Freda said she feels this business is a perfect fit for that building. She said she is supportive of this petition. Councillor Salvatelli said that as far as character goes, the city won’t find a better tenant for this property. Councillor Salvatelli said that he also is in support of this petition. Councillor Lanciani said that he had spoken to Mr. Whitney in regards to parking and that Mr. Whitney said that only one or two cars will be there at one time. Councillor Lanciani said that he is in support of this petition. Councillor Marchand asked if Ms. Baron is in business yet. Ms. Baron said no, this is a new venture for her. No one in the audience spoke in favor or opposition. At the regular meeting this date the Special Permit 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. 3. No vehicles shall back out onto Route 117. HEARING ADJOURNED: 7:24 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MAY 22, 2006 Hearing opened at 7:25 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. All members were present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 21, Section 21-22.4, of the Revised Ordinances entitled “Water and Sewer” by deleting Section 21-22.4 subsections (a) through (c), in their entirety and inserting new subsections (a) through (e) to reflect changes in fees to individual units, condominium units, commercial and industrial construction within and outside the city of Leominster. (Legal Affairs Petition #62-06) No one in the audience spoke in favor 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, MAY 22, 2006 Hearing opened at 7:30 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. All members were present. The following ORDINANCE was the subject of the hearing. Relative to amending Reading Ordinance – Amend Chapter 13, Section 13-77, of the Revised Ordinances entitled “Stop Signs” by inserting “Amidio Drive, against eastbound drivers at the intersection with Antonia Court.” (Legal Affairs Petition #63-06) No one in the audience spoke in favor or opposition. No councilors spoke. HEARING ADJOURNED: 7:31 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, MAY 22, 2006 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-123 Relative to the appropriation of $100,000.00 to the Fiscal Year 2007 Workers Compensation Loss Fund Account; $35,000.00 to be transferred from the FY 2005 Workers Compensation Loss Fund Account, $55,000.00 to be transferred from the FY 2003 Workers Compensation Loss Fund Account, $2,000.00 to be transferred from the FY 2002 Workers Compensation Loss Fund Account and $8,000.00 to be transferred from the FY 2001 Workers Compensation Loss Fund. C-124 Relative to the appropriation of $10,000.00 to the Street Marking Expense Account; same to be transferred from the Excess and Deficiency Account. C-125 Relative to the appropriation of $5,000.00 to the Conservation Commission Salary and Wages Account; same to be transferred from the Wetland Fees Reserved for Appropriation Account. C-126 Relative to the appropriation of $10,450.00 to the Sanitation & Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. C-127 Relative to the appropriation of $4,000.00 to the Sidewalk & Curbing Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the City Solicitor, the Mayor, the Treasurer and the Recreation Department. C-128 Dean J. Mazzarella, Mayor: Accept a deed from Castleland Realty Trust for 2 parcels of land located on Willard Street. The following COMMUNICATION was received under SUSPENSION OF THE RULES: Vt. 9 “yeas.” Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas.” C-129 Relative to the appropriation of $50,000.00 to the Veterans Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Fifty Thousand Dollars ($50,000.00) be appropriated to the Veterans Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: To replace the leaking roof at the Veterans Center, 100 West Street REGULAR MEETING OF THE CITY COUNCIL, MAY 22, 2006, continued. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE given REGULAR COURSE and referred to the Planning Department and the Department of Public Works. 76-06 Sharon F. Leger, et al: Accept Field Road as a public way. The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE given REGULAR COURSE and referred to the Traffic Department. 77-06 Richard M. Marchand: Place “no parking” signs on Blossom Street beginning at the intersection of West Street and Blossom Street and extending for twenty-five feet in the direction heading towards Merriam Avenue. 78-06 Claire Freda: Allow 15 minute parking during the drop-off and pick-up times at Bright Beginnings opposite the business on Lancaster Street from Litchfield Street to Elm Hill Avenue. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. 79-06 John M. Dombrowski: Amend Section 21-22.4 (a) of the Revised Ordinances entitled “Sewer Connection Charges” so that all individual domestic units, including apartment units and condominium units, within the city will be charged one thousand dollars per unit for connection which will serve as a connection and inspection fee that is valid through the last day of the year in which the permit was issued and will not apply to in-law apartments or accessory structures. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer. 80-06 Steve Morgan, President, Gamestop 1485: Grant second hand dealers license for the premises located at 100 Commercial Road. 81-06 Steve Morgan, President, Gamestop 3594: Grant second hand dealers license for the premises located at 26 Orchard Hill Park Drive. 82-06 Michael Sardellis: Renew the license for two pool tables at Chris’ Twins Café, 488 Lancaster Street. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Zoning Board of Appeals – Paul Romano, alternate member - term to expire April 15, 2007 Perspective Police Officer Candidates – A. Luke Hamburger, Kyle D. Mimnaugh, Barry M. Bouchard, David C. Wilson Board of Assessor – Christopher Paquette – term to expire April 15, 2008. (appointment to take affect July 1, 2006 filling the unexpired term of Norman Melanson) Trustees of Soldiers Memorials – Pelino Masciangioli – term to expire April 15, 2008. Fire Chief – Ronald M. Pierce - effective May 1, 2006. Deputy Fire Chief – Gary Ranno – effective April 5, 2006. Fire Lieutenant - Christopher Cameron – effective April 5, 2006. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas”. C-121 Relative to the appropriation of $5,000.00 to the Wire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Wire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED as amended. 61-06 David Rowlands and John M. Dombrowski: Amend Chapter 21, Section 21-22.3 of the Revised Ordinances entitled “Sewer Rates Schedule” to reflect changes to the out of city sewer rates. REGULAR MEETING OF THE CITY COUNCIL, MAY 22, 2006, continued. Upon recommendation of the CITY PROPERTY COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0. C-122 Dean J. Mazzarella, Mayor: Request that the property at 62-66 Spruce Street, shown on Assessors Map 40, as Lot 1, be declared surplus and made available for sale according to Massachusetts General Laws, Chapter 30B, Section 16. Upon request of the WAYS & MEANS COMMITTEE, the City Council president reassigned the following PETITION to the LEGAL AFFAIRS COMMITTEE. Petition was given FUTHER TIME. Vt. 9/0. 73-06 David E. Rowlands: Amend Chapter 2, Article XVI – Planning Board, Section 2-65 of the Revised Ordinances, entitled “Establishment; appointment and terms of members” to change the composition, requirements, and length of term for Planning Board members. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0. 74-06 Cindy Dagostino: Renew the second hand dealers license for Record Town d/b/a Strawberries located at 55 Sack Boulevard. 75-06 Claire Fusco: Renew the license for six pool tables at Tiki Hut Lounge, 21 Sack Boulevard. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas.” Historical Commission - Kate Griffin Brooks – term to expire April 15, 2009. Wastewater Commission - Jeffrey Dauphinais – term to expire April 15, 2009. Cultural Commission - Amy LaBarge – term to expire April 15, 2009. The following ORDER OF LAYOUT was ADOPTED. Vt. 9 “yeas.” ____________________________________________ CITY OF LEOMINSTER ORDER OF LAYOUT – JORDAN’S WAY May 22, 2006 ORDERED: WHEREAS, by its vote of January 23, 2006 on Communication No. 48-05, the City Council of the City of Leominster granted a petition to lay out the way known as Jordan’s Way as a public way; and WHEREAS, it appears that public convenience and necessity require the laying out of a public way known as Jordan’s Way in the location shown as “Jordans Way” on a plan entitled: “Jordan’s Way, Street Acceptance Plan in Leominster, Massachusetts,” dated November 16, 2004, prepared for J. Whitney Development, Inc. by Hannigan Engineering, Inc. (the “Plan”). NOW, THEREFORE, BE IT ORDERED: 1. That a way to be known as Jordan’s Way is hereby laid out as a public way in the location shown as “Jordans Way” on the Plan. 2. That the Mayor is authorized to acquire by gift the necessary land or easements within the layout of Jordan’s Ways as so laid out. IN WITNESS WHEREOF, we, the duly elected and qualified City Councilors of the City of Leominster have hereunto set our hands as of the 22nd day of May, 2006. /s/ CITY COUNCIL, CITY OF LEOMINSTER Approved: /s/ Dean J. Mazzarella _________________________________________ Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was given FURTHER TIME. Vt. 9/0. 2nd Reading Ordinance – Amend Chapter 21, Section 21-22.4, of the Revised Ordinances entitled “Water and Sewer” by deleting Section 21-22.4 subsections (a) through (c), in their entirety and inserting new subsections (a) through (e) to reflect changes in fees to individual units, condominium units, commercial and industrial construction within and outside the city of Leominster. (Legal Affairs Petition #62-06) REGULAR MEETING OF THE CITY COUNCIL, MAY 22, 2006, continued. 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 and six 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 “Amidio Drive, against eastbound drivers at the intersection with Antonia Court.” __________________________________________________________________ Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PEITITION be removed from the table and placed on the calendar for action. It was so voted 9/0. Committee reports as follows: 67-06 James Whitney, 557 Lancaster Street Realty Trust: Grant a Special Permit to allow a bridal boutique shop to use 1,000 square feet of an existing building at 557 Lancaster Street, located in an Industrial zone and shown on Assessor’s Map 443A as Lot 3. GRANTED Vt. 9 “yeas” 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. 3. No vehicles shall back out onto Route 117. Under New Business Councillor Marchand said he wanted to commend Mr. Whitney for following the proper process for these Special Permits. He said there are other businesses in the community who are not following these procedures and it is not fair to the ones who are. Councillor Marchand suggested that the council ask the Building Inspector to do a survey on parcels of land that may be in question. He said there are people that are not only not pulling permits to do the work, but are also using Industrial land and putting in Commercial establishments without going through this process. Councillor Rosa said that he feels this is the direction the council should move in. He said that he had brought this subject up earlier and that he agrees with Councillor Marchand. Councillor Salvatelli said that he feel we are generalizing. He said if we see specific case, then we should report them. Councillor Rowlands said we shouldn’t limit it to Commercial use in Industrial buildings; he feels in general, if someone isn’t abiding by the zoning laws then something should be done. Councillor Salvatelli said he could name a few places in the residential area that are fixing cars, fixing motorcycles, etc. that are not supposed to be doing it in that area. He said the question is, what do we want to do about it. Councillor Freda said it goes back to the issue of zoning enforcement which has been discussed in the passed. She feels the city needs someone specifically to enforce zoning. Councillor Nickel suggested that the council all sign a letter to the Mayor requesting that any city inspectors should be aware and report to the Building Inspector any building that is not being used in the proper zoning district. Council President Robert Salvatelli asked that a letter be sent on behalf of the City Council to the Director of Inspections informing him of reports of violations of the city’s new ordinance regarding reuse of Industrial and Commercial buildings. He would like him to conduct a survey and report back to the City Council before the next City Council meeting. MEETING ADJOURNED: 9:04 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council