City Council

HEARING BEFORE THE CITY COUNCIL, JULY 10, 2006 Hearing opened at 7:10 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. All members were present except Councillors Nickel and Rowlands. Councillor Freda arrived late. The following PETITION was the subject of the hearing. Relative to amending 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. No one from the audience spoke in support or opposition. Councillor Dombrowski said this is not an increase at all, this is just to ensure that every connection is paying the same amount; so that you will not have one connection going into a building for four or five separate units. No other Councilors spoke. HEARING ADJOURNED: 7:12 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JULY 10, 2006 Hearing opened at 7:15 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. All members were present except Councillor Nickel. The following PETITION was the subject of the hearing. 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. Introduced and made part of the record were the following: A. Petition 87-06 submitted by Joseph Altman, 104 Mechanic Street, Fitchburg, MA with accompanying plan prepared by William R. Bingham & Associates, Registered Engineers & Surveyors, 24 Columbia Street, Leominster, MA dated May 30, 1984. B. Notice of public hearing published in the Sentinel & Enterprise on June 26, 2006 and July 3, 2006. C. Positive recommendations were received from the Department of Inspections, the Planning Board, the Department of Public Works and the Health Department. No recommendation was received from the Conservation Commission. A positive recommendation was received from the Fire Department but would like to see a condition of the Special Permit be made that the fire protection systems within the building are maintained in full service at all times, and that the fire alarm transmission equipment be converted to the AES Digitize radio transmitter now being used in the City by January 1, 2010. Councillor Dombrowski said he has to abstain from voting on this petition. Lisa Stuart, manager of the consignment shop, was present representing the applicant. Ms. Stuart said that they would like to move their consignment shop from Fitchburg to Leominster. She said the consignment shop sells everything from high end antiques to household items. Ms. Stuart said she has been with the shop for three years. Ms. Stuart said the applicant has until the end of July to move out of their Fitchburg store. Ms. Stuart said the new consignment shop will be approximately 3,000 square feet. Councillor Marchand asked if the land owner was supposed to be here tonight. Ms. Stuart said she was not sure. Councillor Marchand asked how much traffic they receive and about the parking at the new site. Ms. Stuart said there are about six parking spots allotted for the store. She said the land owner said if needed, they could use some of his parking. Councillor Marchand asked if the owner’s parking area is in the Industrial land. Ms. Stuart said that it is. HEARING BEFORE THE CITY COUNCIL, JULY 10, 2006, continued Ms. Stuart said they have an average of about 200 people per day in their store. Councillor Marchand asked if she expects business to increase in this new location. Ms. Stuart said that she thinks it will increase but will even out throughout the day. She said there are three different routes that people can use to the new location; Route 12, Route 13 and Airport Road. Councillor Marchand asked the hours of operation. Ms. Stuart said the hours of operation are 10 A.M. until 6 P.M., seven days a week, except for Tuesday and Wednesday they close at 5:00 P.M. Ms. Stuart said the only holidays they close are Easter, Thanksgiving and Christmas. Councillor Marchand said there are a few items that need to be resolved so they will be continuing this hearing until July 24, 2006 at 6:45 P.M. He said a letter will be sent to the property owner asking that he attend the hearing. No one in the audience spoke in favor or opposition. No councilors spoke. HEARING ADJOURNED: 7:27 P.M. and continued until July 24, 2006 at 6:45 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JULY 10, 2006 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except Councillor Nickel. The Committee on Records reported that the records were examined through June 26, 2006 and found to be in order. The records were accepted. A recess was called at 8:01 P.M. to continue the public forum. Meeting reconvened at 8:10 P.M. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-1 Relative to the appropriation of $10,400.00 to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Account. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works, the Mayor, the City Solicitor and the Building Inspector. 1-07 John P. Bulger: Explore the possibility of creating an Ordinance in residential districts to restrict any water run off from another property which is detrimental or changes the character or soil conditions of affected property. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department, Traffic Division. 2-07 David Rowlands: Place a stop sign on Ridgewood Drive at the intersection of White Street and Ridgewood Drive. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer, the Police Department and the Assessor. A hearing was scheduled for July 24, 2006 at 7:00 P.M. Vt. 8/0. 3-07 William Plant: Amend the license for J.C. Fenwicks Pub, Inc. d/b/a Tinkums, from one pool table to nine pool tables. REGULAR MEETING OF THE CITY COUNCIL, JULY 10, 2006, continued The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer and the Police Department. 4-07 Carol and David Shields: Renew the license for three pool tables at South Leominster Lounge, d/b/a Forte’s Lounge, 1030 Central Street. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Mayor. 5-07 David Rowlands: Request that all new appointments to Boards and Commissions shall be residence of the City of Leominster. The following RE-APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Cemetery Commission – Theresa Basque – term to expire April 15, 2007. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 8 “yeas.” Disability Commission – Thomas Wolfe, Marty Turbide, Gail Turbide – terms to expire April 15, 2009. Leominster Housing Authority – Karen L. Buckley Upon request of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATIONS were given FURTHER TIME. Vt. 8/0. 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 7/0. Councillor Dombrowski abstained. (Hearing was continued until July 24, 2006 at 6:45 P.M.) 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 8/0. 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. (A hearing is scheduled for July 24, 2006 at 7:15 P.M.) 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. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 7 “yeas” and 1 “nay”; Councillor Dombrowski was opposed. 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. REGULAR MEETING OF THE CITY COUNCIL, JULY 10, 2006, continued Councillor Lanciani said that according to M.G.L. Chapter 268A, Section 23(b)(3) he is not disqualified from voting on the following petition. He disclosed that his aunt, Mrs. Giambrocco, who is a plaintiff in the pending litigation, is not an immediate family member. A recess was called at 9:12 P.M. Meeting reconvened at 9:18 P.M. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 8/0. 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. Councillor Freda read the following letter from the Law Office of Peter A. CampoBasso, dated July 10, 2006, into the record. Dear Councillor Nickel: This correspondence is a follow up to the Public Service Committee meeting on July 6th at City Hall relative to the above referenced petition. As a result of the meeting, it is my understanding that the council wished some type of confirmation of my client’s intentions relative to the layout and construction of the road in the event the PWED grant was not obtained. Please let this letter serve, on behalf of my client, as an understanding that in consideration of Leominster City Council voting to layout Research Drive as a public way with no conditions, that the Petitioner and Southgate Meadows, LLC, will advise the Leominster City Council of the following: 1. Completion of Application of Public Works Economic Development Grant and submission of same; 2. Any and all follow up correspondence and information pertaining to the application; 3. Notice within forty-eight hours of the grant either being approved or denied for the council to take action to abandon the layout if the council is concerned that the road construction will not take place. In addition to the above, I will follow through with the Leominster Planning Board and address the concerns raised relative to the Form E Covenant. I will keep you advised of the progress and whatever resolution is obtained to fix the current bond. On behalf of my client, I wish to thank the Public Service Committee as well as the Leominster City Council for their time and efforts. It is my hope that the layout will be approved without conditions at the Leominster City Council meeting on July 10, 2006. Thank you very much, Very truly yours, Peter A. CampoBasso Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was TABLED. Vt. 8/0. 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. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”. 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. ORDERED: that the sum of Six Hundred Thousand Dollars ($600,000.00) be appropriated to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were RATIFIED. Vt. 8/0. 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. (Granted on June 26, 2006 as an Emergency Preamble, another vote is required.) 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. (Granted on June 26, 2006 as an Emergency Preamble, another vote is required.) REGULAR MEETING OF THE CITY COUNCIL, JULY 10, 2006, continued Upon recommendation of the LEGAL AFFAIRS & PUBLIC SAFETY COMMITTEES, the following PETITION was GRANTED. Vt. 8/0. 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.” The following ORDINANCE was read a second time, adopted and passed to be ordained. Vt. 8 “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 Section 21-22.4(a) in its entirety and inserting in its place the following: (a) All individual domestic units, including apartment units and condominium units, within the city will be charged one thousand dollars ($1,000.00) per unit for connection. This will serve as a connection and inspection fee that is valid through the last day of the year in which the permit was issued. This will not apply to in-law apartments or accessory structures. _______________________________________________________________________________ Under Old Business Councillor Rowlands said that they had had a discussion regarding the out of town connection fees for sewer. Councillor Rowlands said he would like this to be on the next Legal Affairs subcommittee meeting agenda. He said he wants to make sure to follow up with the Mayor to come up with a resolution regarding these fees. MEETING ADJOURNED: 9:48 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council