City Council

HEARING BEFORE THE CITY COUNCIL, JUNE 26, 2006 Hearing opened at 6:47 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. Relative to amending Chapter 21 of the Revised Ordinances entitled “Water and Sewer” by deleting the Sewer User Rate Schedule in Section 21-22.3 in its entirety and inserting in its place a new section 21-22.3 reflecting new out of city sewer rates. (Legal Affairs – Petition #61-06) No one from the audience spoke in support or opposition. No councilors spoke. HEARING ADJOURNED: 6:48 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 26, 2006 Hearing opened at 6:57 P.M. with Councillor Nickel, Chair of the Public Service Committee, presiding. All members were present. The following PETITION was the subject of the hearing. 83-06 National Grid and Verizon New England, Inc: Joslin Street: Install one jointly owned pole on Joslin Street beginning at a point approximately 210 feet east of the centerline of the intersection of Day Street and continuing approximately 42 feet in a westerly direction. Ken Dobie from National Grid was present. Mr. Dobie said that a customer requested to move the pole because they are expanding their driveway entrance. Mr. Dobie said they are proposing to move the pole 40+ feet. No one in the audience spoke in favor or opposition. No councilors spoke. HEARING ADJOURNED: 6:58 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 26, 2006 Hearing opened at 7:00 P.M. with Councillor Rosa, Chair of the Finance Committee, presiding. All members were present. The following COMMUNICATIONS were the subject of the hearing. C-137 Relative to the appropriation of $87,670,000.00 to the Fiscal Year 2007 Budget; same to be raised by Fiscal Year 2007 Revenue. C-138 Relative to the appropriation of $2,600,000.00 to the FY 2007 Sewer Department Budget ; same to be raised by FY 2007 Sewer Department estimated receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. C-139 Relative to the appropriation of $3,515,000.00 to the FY 2007 Water Department Budget; same to be raised by FY 2007 Water Department estimated receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. No one in the audience spoke in favor or opposition. No councilors spoke. HEARING ADJOURNED: 7:03 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 26, 2006 Hearing opened at 7:16 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. Hearing was continued from April 10, 2006. All members were present. The following PETITION was the subject of the hearing. This hearing was continued from April 10, 2006. 54-06 Scott Hyney: Grant a Special Permit to construct an addition to an existing dwelling at 39 Federal Circle as shown on Assessors Map 363, Lot 41, located in a rural residential zone in the water supply protection district. Introduced and made part of the record were the following: A. Petition 54-06 submitted by Scott Hyney, 39 Federal Circle with accompanying plan prepared by Hannigan Engineering, Inc., 8 Monument Square, Leominster, MA dated February 3, 2006. A site plan dated May 25, 2006 was submitted May 31, 2006. B. Notice of public hearing published in the Sentinel & Enterprise on March 27, 2006 and April 3, 2006. C. Positive recommendations were received from the Department of Public Works, the Health Department, the Planning Board and the Conservation Commission. A positive recommendation from the Fire Department that brought to the attention of the City Council disposal of yard refuse near the distributing reservoir from homes nearby. Bill Hannigan from Hannigan Engineering was present and also Scott Hyney, the applicant. Mr. Hannigan explained that at the last meeting there was a site plan that was inadvertently omitted from the filing. Mr. Hannigan said since then that information has been submitted to all of the councilors as well as the Planning Board. Mr. Hannigan said he has a copy of a letter from the Planning Board, dated June 23, 2006, stating that they support the approval of this project. He said they also had a site walk with Councillor Marchand. Mr. Hyney said it is about a 1400 square foot addition to an existing dwelling. No one in the audience spoke in favor or opposition. Councillor Dombrowski and Councillor Rowlands spoke in support. Councillor Marchand said for the record, he did walk the site and met with the applicant and Mr. Hannigan. Councillor Marchand said they did receive a communication from the Fire Department regarding the sensitivity of a couple of issues in that neighborhood. Councillor Marchand wanted to assure everybody that this applicant was not involved in that. He said the property was a model property for something that they would like to see in the watershed protection district. Councillor Marchand said the addition will not abut the reservoir but that it is within the watershed district. HEARING ADJOURNED: 7:20 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JUNE 26, 2006 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. A recess was called at 8:01 P.M. to conduct interviews, and to hold a public forum. Meeting reconvened at 8:27 P.M. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-142 Relative to the appropriation of $600,000.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. REGULAR MEETING OF THE CITY COUNCIL, JUNE 26, 2006, continued 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-143 Relative to the appropriation of $15,000.00 to the Medicare Insurance Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Fifteen Thousand Dollars ($15,000.00) be appropriated to the Medicare Insurance Expense Account; same to be transferred from the Excess and Deficiency Account. C-144 Relative to the appropriation of $12,100.00 to the Highway General Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Twelve Thousand One Hundred Dollars ($12,100.00) be appropriated to the Highway General Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATIONS were received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Planning Department, the Zoning Board of Appeals and the Health Department. C-145 Dean J. Mazzarella, Mayor: Amend Section 22-114 of the Leominster Zoning Ordinances entitled “Existing Accessory Dwelling Units” to allow any accessory dwelling unit existing in a single-family residence on the effective date of this article, continue in use, although not originally authorized under the Zoning Ordinance, provided that the record owner of the residence provides a notarized letter as prescribed in Section 22-112 of this article. A pre-existing accessory dwelling unit shall be considered grand-fathered provided that the In-Law unit was constructed with a building permit or is recognized by the Assessor’s Office as being an approved In- Law unit. C-146 Dean J. Mazzarella, Mayor: Amend Section 22-12 of the Leominster Zoning Ordinance entitled “Nonconforming Uses and Structures” by deleting section 12.3.1 through 12.3.2.3 in its entirety and inserting sections 12.3.1 through 12.3.1.7 regarding changing, extending or altering a Pre-existing Nonconforming Structure or Use; or a Conforming Use on a Pre-existing Nonconforming Lot or in a Pre-existing Nonconforming Structure. 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. 96-06 Bovenzi and Donovan on behalf of Sky Meadow Realty Trust: Accept the deed to Sky Lane and make Sky Lane a public way. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Historical Commission, the Building Inspector, the Health Department and the City Solicitor. 97-06 Dorothy Rouleau: Adopt a Demolition Delay Bylaw to protect historically significant resources of the City of Leominster by considering alternatives to demolition of buildings 75 years old or more. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Planning Department, the Department of Public Works, the Health Department, the License Commission, the Conservation Commission and the Fire Department. A hearing was scheduled for July 24, 2006 at 7:15 P.M. Vt. 9/0. 98-06 Joel H. Baker, Baker Cadillac: Grant a Special Permit to expand the current Baker Cadillac dealership with a second Suzuki dealership on an adjacent lot, located at 34 Mead Street as shown on Assessors Map 266, lot 6, located in a Commercial zone within the flood plain. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Disability Commission – Thomas Wolfe, Marty Turbide, Gail Turbide – terms to expire April 15, 2009. Leominster Housing Authority – Karen L. Buckley REGULAR MEETING OF THE CITY COUNCIL, JUNE 26, 2006, continued Recessed at 8:40 P.M. to allow the Mayor to speak. Meeting reconvened at 8:58.P.M. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas.” Permanent Firefighter – Robert A. DiMarzio Leominster Disability Commission – Thomas Yoder, Victoria Marrama – term to expire April 15, 2009. Emergency Management Auxiliary Police Officer – Charlie Toro Williams – term to expire on April 15, 2007. Election Officers – 2006-2007 Emergency Management Communications Unit – Philip A. Porter Upon recommendation of the WAYS & MEANS COMMITTEE, the following RE-APPOINTMENT was CONFIRMED. Vt. 9 “yeas.” Emergency Management Auxiliary Police Officer – Anthony Celona – term to expire April 15, 2007. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas”. C-130 Relative to the appropriation of $100,000.00 to the Gallagher Building Capital Outlay Expense Account; same to be transferred from the Gallagher Building Revolving Fund. ORDERED: that the sum of One Hundred Thousand Dollars ($100,000.00) be appropriated to the Gallagher Building Capital Outlay Expense Account; same to be transferred from the Gallagher Building Revolving Fund. C-131 Relative to the appropriation of $30,000.00 to the Medicare Insurance Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Thirty Thousand Dollars ($30,000.00) be appropriated to the Medicare Insurance Expense Account; same to be transferred from the Excess and Deficiency Account. C-132 Relative to the appropriation of $2,100.00 to the Cemetery Department Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. ORDERED: that the sum of Two Thousand One Hundred Dollars ($2,100.00) be appropriated to the Cemetery Department Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-133 Relative to the appropriation of $40,000.00 to the Highway Expense Account; same to be transferred from the Snow and Ice Expense Account. ORDERED: that the sum of Forty Thousand Dollars ($40,000.00) be appropriated to the Highway Expense Account; same to be transferred from the Snow and Ice Expense Account. C-134 Relative to the appropriation of $125,000.00 to the Contributory Retirement Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of One Hundred Twenty Five Thousand Dollars ($125,000.00) be appropriated to the Contributory Retirement Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Disability Retirement benefits for Veteran’s payments. Chapter 157 of the Acts of 2005, Section 2. Retroactive Allowance Acceptance voted by City Council on February 27, 2006. REGULAR MEETING OF THE CITY COUNCIL, JUNE 26, 2006, continued. C-135 Relative to the appropriation of $1,000,000.00 to the various General Fund accounts as listed; same to be transferred from the Massachusetts School Building Authority Reimbursement Grant Account. Assessor’s Capital Outlay $210,000.00 Council on Aging Expenses 3,000.00 Building Capital Outlay 65,000.00 Public Works Expenses 5,000.00 Sidewalk Expenses 50,000.00 Election/Registration Expenses 1,200.00 Fire Capital Outlay 40,000.00 Mayor Expenses 4,950.00 Police Capital Outlay 32,350.00 Recreation Capital Outlay 122,500.00 Treasurer’s Expenses 15,000.00 Veteran’s Capital Outlay 50,000.00 School Dept. Capital Outlay 401,000.00 TOTAL: $1,000,000.00 ORDERED: that the sum of One Million Dollars ($1,000,000.00) be appropriated to the various General Fund Accounts as listed; same to be transferred from the Massachusetts School Building Authority Reimbursement Grant Account. Department Amount Project Assessor’s Capital Outlay $210,000.00 GIS System Council on Aging Expenses 3,000.00 Elevator Repairs Building Capital Outlay 65,000.00 AC Heat Unit for City Hall Public Works Expenses 5,000.00 Pine Grove Cemetery Sidewalk Expenses 50,000.00 Various Improvements Election/Registration Expenses 1,200.00 Tables Fire Capital Outlay 40,000.00 Station 2 Roof Major Expenses 4,950.00 Software Police Capital Outlay 32,350.00 Four-wheel drive vehicle Recreation Capital Outlay 122,500.00 Doyle Field tennis courts (8) Treasurer’s Expenses 15,000.00 Mail and copy machines Veteran’s Capital Outlay 50,000.00 Restrooms $30,000.00 Storage tank removal $20,000.00 School Department Capital Outlay $401,000.00 High School roof repair Lincoln School windows C-136 Relative to the appropriation of $4,000.00 to the Library Expense Account; same to be transferred from the Library Salary and Wages Account. ORDERED: that the sum of Four Thousand Dollars ($4,000.00) be appropriated to the Library Expense Account; same to be transferred from the Library Salary and Wages Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nay”; Councillor Rowlands was opposed. (See complete budget on page 185). C-137 Relative to the appropriation of $87,670,000.00 to the Fiscal Year 2007 Budget; same to be raised by Fiscal Year 2007 Revenue. ORDERED: that the sum of Eighty Seven Million Six Hundred Seventy Thousand Dollars ($87,670,000.00) be appropriated to the FY 2007 General Fund Budget Accounts; same to be raised by FY 2007 Revenue. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” . C-138 Relative to the appropriation of $2,600,000.00 to the FY 2007 Sewer Department Budget ; same to be raised by FY 2007 Sewer Department estimated receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. ORDERED: that the sum of Two Million Six Hundred Thousand Dollars ($2,600,000.00) be appropriated to the FY 2007 Sewer Department Budget; same to be raised by Fiscal Year 2007 Sewer Department Estimated Receipts. C-139 Relative to the appropriation of $3,515,000.00 to the FY 2007 Water Department Budget; same to be raised by FY 2007 Water Department estimated receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. ORDERED: that the sum of Three Million Five Hundred Fifteen Thousand Dollars ($3,515,000.00) be appropriated to the FY 2007 Water Department Budget; same to be raised by Fiscal Year 2007 Water Department Estimated Receipts. REGULAR MEETING OF THE CITY COUNCIL, JUNE 26, 2006, continued. Upon recommendation of a Majority vote of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 7 “yeas” and 2 “nays”; Councillors Rowlands and Dombrowski opposed. A minority report to AMEND THE COMMUNICATION TO $2,600,000.00 was defeated. Vt. 3 “yeas” and 6 “nays”; Councillors Tocci, Nickel, Freda, Lanciani, Rosa and Salvatelli opposed. C-140 Relative to the appropriation of $3,100,000.00 to the Stabilization Fund; same to be transferred from the Overlay Surplus Account. ORDERED: that the sum of Three Million One Hundred Dollars ($3,100,000.00) be appropriated to the Stabilization Fund; same to be transferred from the Overlay Surplus Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas.” C-141 Relative to the appropriation of $68,600.00 to the Police Department Expense Account; same to be transferred from the Police Department Salary and Wages Account. ORDERED: that the sum of Sixty Eight Thousand Six Hundred Dollars ($68,600.00) be appropriated to the Police Department Expense Account; same to be transferred from the Police Department Salary and Wages Account. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 83-06 National Grid and Verizon New England, Inc: Joslin Street: Install one jointly owned pole on Joslin Street beginning at a point approximately 210 feet east of the centerline of the intersection of Day Street and continuing approximately 42 feet in a westerly direction. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. 84-06 Orlando Pacheco, Town Administrator, Lancaster: Allow a sewer connection from the Town of Lancaster to the City of Leominster wastewater system servicing only the north side of Route 2, which currently encompasses the Johnny Appleseed Visitor’s Center, Orchard Hills Athletic Club and Roll-on-America. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 85-06 Sharon F. Leger, et al: Request to change our street from Parnes Court to Field Road, as a public way. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FUTHER TIME. Vt. 9/0. 86-06 Peter A. CampoBasso, on behalf of Southgate Meadows, LLC: Layout as a public way, an approved way known as Research Drive as shown on a Definitive Subdivision Plan entitled “Industrial Park” as Road A. Recessed at 11:00 P.M. to allow Attorney CampoBasso to speak. Meeting reconvened at 11:01 P.M. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED as amended. Vt. 9/0. 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. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. 87-06 Joseph Altman: Grant a Special Permit to use an existing building at 195 Hamilton Street, located in an industrial zone and shown on Assessor’s Map 229 as Lot 3, for a consignment shop. (Hearing scheduled for July 10, 2006 at 7:15 P.M.) REGULAR MEETING OF THE CITY COUNCIL, JUNE 26, 2006, continued. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0. 88-06 Wayne Nickel: Remove the stop signs on Fourth Street at the intersection at Spring Street and place the stop signs on Spring Street at the intersection with Fourth Street. 89-06 James Lanciani, Jr.: Adopt M.G.L. Chapter 41 Section 100G 1/4 which allows payment of reasonable expenses for funeral and burial of any police officers or firefighters killed in performance of duty, not to exceed $5,000.00 Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW without prejudice. Vt. 9/0. 90-06 Richard M. Marchand: Revise the current building code which allows the city or state to proceed with construction past the hours allowed for general contractors unless the construction is of an emergency nature. Upon request of the LEGAL AFFAIRS & PUBLIC SAFETY COMMITTEES, the following PETITION was given FURTHER TIME. Vt. 9/0. 91-06 Richard M. Marchand: Request the Mayor authorize the City Solicitor to provide “boiler plate language” if not currently available, for our community to adopt legislation to require a public safety policy for business establishments throughout the community that attract or market young children to patronize their business, provide professional development voluntarily or legally if applicable, for their employees to help identify Level III Sex Offenders when entering their establishment.” Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 92-06 Richard M. Marchand: Install the appropriate signage in close proximity to the intersection of River Street and Main Street facing Main Street to clearly indicate and emphasize “One Way Traffic – Do Not Enter – Wrong Way.” Upon request of the PUBLIC SAFETY COMMITTEE, the following PETITION was TABLED. Vt. 9/0. 93-06 Richard M. Marchand: Make River Street from the intersection of Hamilton Street to Main Street a truck exclusion. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW without prejudice. Vt. 9/0. 94-06 Richard M. Marchand and Robert A. Salvatelli, on behalf of Russell M. Davis Jr.: Install traffic signals on the corner of Granite Street and West Street. Upon request of the PUBLIC SAFETY COMMITTEE, the following PETITION was TABLED. Vt. 9/0. 95-06 Robert A. Salvatelli: Install traffic signals at the intersection of West Street and Pond Street. The following ORDINANCE was read a second time, adopted and passed to be ordained. Vt. 9 “yeas.” THE CITY OF LEOMINSTER In the year two thousand and six AN ORDINANCE Amending Chapter 21 of the Revised Ordinances entitled “Water and Sewer.” Be it ordained by the City Council of the City of Leominster, as follows: Chapter 21 of the Revised Ordinances entitled “Water and Sewer” is hereby amended by deleting the Sewer User Rate Schedule in Section 21-22.3 in its entirety and inserting in its place the following: REGULAR MEETING OF THE CITY COUNCIL, JUNE 26, 2006, continued ________________________________________________________________________________ Upon recommendation of the LEGAL AFFAIRS COMMITTEE to override the Mayor’s veto of the following ORDINANCE was ADOPTED. Vt. 7 “yeas” and 2 “nays” Councillors Freda and Lanciani were opposed. (See pg. 174 for complete ordinance.) Override vote – 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. (Adopted June 12, 2006 – Vetoed by the Mayor on June 19, 2006.) The following ORDINANCE was read once and adopted as presented. A hearing was scheduled for July 10, 2006 at 7:00 P.M. Vt. 9 “yeas.” 1st Reading Ordinance – Amend Chapter 21 of the Revised Ordinances entitled “Water and Sewer” by deleting Section 21-22.4 (a) in its entirety and inserting a new subsection (a) 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. (Legal Affairs – Petition #79-06) REGULAR MEETING OF THE CITY COUNCIL, JUNE 26, 2006, continued Under Old Business Councillor Salvatelli made a motion to vote in accordance with Section 3.6(b) of the City Charter to have Patrick LaPointe and Roger Brooks at the next meeting to discuss the water situation. Vt. 9/0. Councillor Rowlands said he would like them come down and give an explanation to the DEP Consent Order. Councillor Freda asked why they don’t invite the Department of Environmental Protection to also come to the informational meeting. Councillor Rowlands said he is not sure if the Department of Environmental Protection should come at the same time. Councillor Lanciani said he feels there could be some legal issues with this. Councillor Salvatelli said that the council should prepare some questions for this informational meeting. Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITIONS be removed from the table and placed on the calendar for action. It was so voted 9/0. Committee reports as follows: 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. GRANTED Vt. 8 “yeas” and 1 “nay”; Councillor Rowlands was opposed. 54-06 Scott Hyney: Grant a Special Permit to construct an addition to an existing dwelling at 39 Federal Circle as shown on Assessors Map 363, Lot 41, located in a rural residential zone in the water supply protection district. GRANTED. Vt. 9 “yeas”. 60-06 Susan M. Harding: Grant a Special Permit to use the existing building at 34 Mohawk Drive, to operate a wholesale auto sales facility in an Industrial zone and to allow for the storage of automobiles within a floodplain. GRANTED Special Permit to store automobiles within a flood plain. Vt. 6 “yeas” and 3 “nays”; Councillors Nickel, Dombrowski and Salvatelli opposed. DENIED Special Permit to use the existing building to operate a wholesale auto sales facility in an Industrial zone. Vt. 6 “yeas” and 3 “nays”; Councillors Tocci, Lanciani and Rosa opposed. MEETING ADJOURNED: 11:50 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council