City Council

HEARING BEFORE THE CITY COUNCIL, AUGUST 28, 2006 Hearing opened at 7:00 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 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Ridgewood Drive, against eastbound drivers at White Street.” No one in the audience spoke in favor or opposition. No councilors spoke. HEARING ADJOURNED: 7:02 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, AUGUST 28, 2006 Hearing opened at 7:15 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 22 of the Revised Ordinances, Article I, “General Regulations,” Section 22-12, “Nonconforming Uses, Structures and Lots,” by deleting Sections 12.3.1 – 12.3.2.3 in their entirety and inserting sections 12.3.1 through 12.3.7 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. No one in the audience spoke in favor or opposition. No councilors spoke. HEARING BEFORE THE CITY COUNCIL, AUGUST 28, 2006, continued HEARING ADJOURNED: 7:17 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council 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 August 14, 2006 and found to be in order. The records were accepted. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-9 Relative to the appropriation of $135,200.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. C-10 Relative to the appropriation of $762.00 to the Telephone Expense Account: same to be transferred from the Emergency Reserve Account. C-11 Relative to the appropriation of $8,200.00 to the Sanitation and Drainage Account: same to be transferred from the Emergency Reserve Account. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE given REGULAR COURSE and referred to the Planning Department, the Department of Public Works, the Health Department, the Building Inspector, the Conservation Commission and the Fire Department. A hearing was scheduled for September 25, 2006 at 7:00 P.M. Vt. 9/0. 15-07 Daniel J. McCarty, Agent for 89 Commercial Road LLC: Grant a Special Permit to demolish the existing 33,264 square foot building and construct a new 20,300 square foot building at 89 Commercial Road as shown on Assessor’s Map 567 as lot 14 located in the Commercial Zone within the flood plain. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE given REGULAR COURSE and referred to the Mayor. 16-07 Robert Salvatelli and Maribel Fournier: Amend Section 16-13 of the Revised ordinances entitled “Method of Step Advances” to add a new section which will allow employees whose current jobs are classified in the “S” classification plan, who are promoted or transfer to another “S” classification job in any given year, to advance to the next scheduled step-rate for their new “S” classification position the following July 1st regardless of whether the employee has been in said new position for twelve months or less. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE given REGULAR COURSE and referred to the City Solicitor. 17-07 Claire Freda: Adopt Chapter 39, Section 23D of the Massachusetts General Laws as amended to help municipal boards avoid quorum problems by allowing board member of the Conservation Commission, Zoning Board of Appeals, Planning Board and Board of Health, who have missed one hearing, to catch up and rejoin the voting quorum by reading and listening to the record of the missed meeting. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Disability Commission – Therese Thelin – term to expire April 15, 2009 Election Officers 2006-2007 – Jeanne Jekanowski, Barbara Lanza, Rosalie LaManna, Janet Flanagan, Magella Jackson, John Jackson Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”; Councillor Tocci abstained due to possible conflict of interest. C-4 Relative to the appropriation of $3,300.00 to the Police Salary and Wages Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Three Thousand Three Hundred Dollars ($3,300.00) be appropriated to the Police Salary and Wages Account; same to be transferred from the Emergency Reserve Account. REGULAR MEETING OF THE CITY COUNCIL, AUGUST 28, 2006, continued Upon recommendation from the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. C-5 Relative to the appropriation of $6,500.00 to the Sanitation & Drainage Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Six Thousand Five Hundred Dollars ($6,500.00) be appropriated to the Sanitation & Drainage Expense Account; same to be transferred from the Emergency Reserve Account. C-6 Relative to the appropriation of $3,000.00 to the Planning Department Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Three Thousand Dollars ($3,000.00) be appropriated to the Planning Department Expense Account; same to be transferred from the Emergency Reserve Account. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9/0. C-7 Dean J. Mazzarella, Mayor: Request the authority to borrow, if necessary, up to $950,000.00 for the purchase for open space and water supply protection purposes, 50+/- acres of land owned now or formerly by the Norman A. Nutting (Map 512, Lot 3 and Map 362, Lots 15 & 16) as shown on a plan of land to be recorded with the Worcester North Registry of Deeds; said property shall be dedicated in perpetuity to purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts including the protection of water resources and shall be fully protected by all provisions of Article 97. Furthermore, this property shall be open to the general public for appropriate outdoor/recreational use while consistent with 310 CMR 22.00; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow, if necessary, up to $950,000.00, the receipt of any state and charitable grants and donations associated with this project will be deposited into the appropriate account; and that the Mayor is authorized to take any other action necessary to carry out these projects. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. 12-07 National Grid and Verizon New England, Inc.: Nelson Street: Install one jointly owned pole on Nelson Street beginning at a point approximately 168 feet west of the centerline of the intersection of North Main Street. (A hearing is scheduled for September 11, 2006 at 7:10 P.M.) Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 9/0. 13-07 Susan Chalifoux-Zephir: Grant a Special Permit to use an existing building located at 307 Whitney Street , located in an Industrial zone and shown on Assessor’s Map 569 as Lot 19, for a restaurant. (A hearing is scheduled for September 25, 2006 at 7:15 P.M.) Upon request of the CITY PROPERTY COMMITTEE and the COMMITTEE ON SCHOOLS, the following PETITION was given FURTHER TIME. Vt. 9/0. 14-07 Richard M. Marchand: Request that the Mayor enter into negotiations and purchase the Julie Country Day School. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas.” C-8 Relative to the appropriation of $1552.40 to the C.D.B.G. Housing Rehabilitation Expense Account; same to be transferred from the following C.D.B.G. Expense Accounts: Mayor’s Office – State Pool Fee $45.00 Police Department – Drug Suppression 3.61 Housing Discrimination Project 135.95 Recreation Department Walkway Improvement 1,320.00 Mayor’s Office – Drug Reporting. 47.84 ORDERED: that the sum of One Thousand Five Hundred Fifty Two Dollars and Forty Cents ($1,552.40) be appropriated to the C.D.B.G. Housing Rehabilitation Expense Account; same to be transferred from the following C.D.B.G. Expense Accounts: Mayor’s Office – State Pool Fee $45.00 Police Department – Drug Suppression 3.61 Housing Discrimination Project 135.95 Recreation Department Walkway Improvement 1,320.00 Mayor’s Office – Drug Reporting. 47.84 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 28, 2006, continued Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 11-07 Robert Salvatelli: Request that the appointment of Deanna McNamara as Assistant City Clerk on August 8, 2005 be made retroactive to July 1, 2005. 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 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 13-17 of the Revised Ordinances entitled “Stop Signs” is hereby amended by inserting “Ridgewood Drive, against eastbound drivers at White Street.” ___________________________________________________________________________ Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was given FURTHER TIME. Vt. 9/0. 2nd Reading Ordinance – amend Chapter 22 of the Revised Ordinances Article XV, “In-Law Apartments,” Section 22-114, “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. (Legal Affairs – Petition # C-145) (A hearing is scheduled for September 11, 2006 at 6:55 P.M.) 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 22 of the Revised Ordinances, entitled “Zoning.” Be it ordained by the City Council of the City of Leominster, as follows: Chapter 22 of the Revised Ordinances, Article I, General Regulations, Section 22-12, Nonconforming Uses, Structures and Lots, is hereby amended by deleting Sections 12.3.1 – 12.3.2.3 in their entirety and inserting in their place the following: 12.3.1 A Pre-existing Nonconforming Structure or Use; or a Conforming Use on a Pre-existing Nonconforming Lot or in a Pre-existing Nonconforming Structure may be changed, extended or altered: 12.3.1.1 As-of-Right when said change, extension or alteration conforms in all respects to the present zoning requirements. 12.3.1.2 As-of-Right when said change or alteration is limited to rebuilding a single or two-family home destroyed by fire or other natural disaster within two years of the disaster. 12.3.1.3 As-of-Right when said change or alteration is limited to rebuilding any other building not more than fifty percent destroyed by fire or other natural disaster when the change is limited to rebuilding or replacing the structure within the pre-existing foot print and height of the existing structure or within an area and height that conforms to all dimensional requirements and all construction occurs within two years of the disaster. REGULAR MEETING OF THE CITY COUNCIL, AUGUST 28, 2006, continued 12.3.1.4 As-of-Right when said alteration complies with all current setbacks and building height requirements but is located on a lot with insufficient area, lot frontage or lot width, where the alteration will also comply with all of said current requirements. 12.3.1.5 As-of-Right when the existing structure encroaches upon one or more required yard or setback areas, but the alteration will comply with all current setbacks, yard and building height requirements. The provisions of this subsection shall apply regardless of whether the lot complies with current area, frontage and width requirements. 12.3.1.6 With a Special Permit from the Zoning Board of Appeals when said change, extension or alteration will extend closer to any front, side or rear property boundary than the current zoning allows, provided that the Board finds that such change, extension or alteration is not substantially more detrimental than the existing nonconforming use to the neighborhood; and 12.3.1.7 does not involve a sign. ___________________________________________________________________________ Upon recommendation of the WAYS & MEANS COMMITTEE, the following RESOLUTION was ADOPTED. Vt. 9/0. Resolution – that the City Clerk send a communication to the Massachusetts Department of Telecommunications and Energy stating that the Leominster City Council opposes changing the franchise requirements for voice and cable companies that provide cable television services. The proposed changes would require cities and towns to decide on cable applications within ninety days. Under New Business Councillor Marchand said that he has heard through constituents, not from city officials, that there is going to be a meeting regarding the Carter School Building on August 29, 2006. He said that we should contact the Police Chief to find out the particulars of the meeting. Councillor Marchand thanked the council for all the support they have given in the past and continue to give to the Johnny Appleseed Festival. Councillor Marchand said this is not a city sponsored activity, although it is supported by the community at large and a tremendous amount of department heads are involved, the Mayors office, the City Wide City Pride Committee, elected officials and the school department and students as well. Councillor Marchand said that seventy-eight non-profit organizations participate and said they are pushing for 100 sponsors. He said they are giving three special awards out this year and said there will be many different kinds of entertainment. Councillor Freda said it is important to note how much Councillor Marchand has put into the Johnny Appleseed Festival over the years and how much the festival has grown. She said Councillor Marchand deserves a lot of credit. Councillor Freda said that she was at Doyle Field last week to view the new trailer the Leominster High School Band had acquired with the help of Lions Club, the Rotary Club and the Booster Club. Councillor Freda said while she was there a lot of parents stopped her and let her know they were upset because the band is not able to go to the away games because of the cost of the bussing. Councillor Freda said there are four away games and it would cost $950.00 per night for the two busses they would need. She said she attended the last School Committee meeting to support the band boosters and to request funding of the $3,800.00 needed. Councillor Marchand said the Downtown Association is very fortunate to have the Outback Restaurant come down to the Festival each year. He said the Outback turns all the money they raise over to the Downtown Association and he in turn would like to turn that money over to the Leominster High School band for their bussing. He said they usually generate approximately $3,000.00 from that booth and the association will pledge that money tonight. Councillor Salvatelli said he would also like to commend Councillor Marchand for all his hard work he puts into the Johnny Appleseed Festival each year. MEETING ADJOURNED: 9:00 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council