City Council

HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 11, 2006 Hearing opened at 6:57 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. All members were present except Councillor Tocci. Councillor Rowlands arrived late. The following PETITION was the subject of the hearing. Relative to amending 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. Mayor Mazzarella and Ed Cataldo, the Director of Inspections, were present. Counicllor Marchand read the following amendment that was suggested by Mr. Cataldo into the record: “Any existing accessory dwelling unit that applies to the Board of Appeals under new ownership shall be exempt from the conditions as set forth in Section 22-111.1.63 and Section 22-111.7.” Mayor Mazzarella said that as early as the 1980’s the City of Leominster had an Ordinance on the books to allow in-law apartments, although it was very vague. He said there were no set guidelines on the size of the in-law apartment but with the new ordinance those guideline are now in place. He said that under the new Ordinance, the Building Department has to notify everyone who had a pre-existing in-law apartment that they would have to go before the Zoning Board of Appeals. He said if this Ordinance passes tonight, they would be automatically grand-fathered in, regardless of the size, provided they were a legal in-law apartment that obtained the proper permits when built. He said they would have to qualify that they were an actual existing in-law apartment through the Assessors Office. Mayor Mazzarella said that the amendment that Mr. Cataldo submitted would allow the existing in-law apartment owners the same benefits, only needing to justify through the Assessors office that they are in fact an existing in-law apartment. He said the amendment would state that if they sold the property, the new owners of the property would have to go through the regular process and go before the Zoning Board of Appeals. Mr. Cataldo said that the amendment would allow anyone with a legal, existing in-law apartment, regardless of the size, to be grand-fathered in without going back to the Zoning Board of Appeals. Councillor Marchand asked if they have considered allowing a handicapped apartment to be more than 700 square feet or is the allowed 700 square feet enough. Mr. Cataldo said that he feels that limiting the size to 700 square feet would not be an issue for a handicapped apartment. Councillor Rowlands said that without Mr. Cataldo’s amendment, we would probably have more problems. Councillor Rowlands asked if they felt a larger house or a neighborhood could support a larger in-law apartment, how they would feel about changing it to “700 square feet or up to 25%”. Councillor Rowlands said that was one of the things brought up at the Public Forum last week and he felt there was some validity to it. Mr. Cataldo said that he feels 700 square feet is a good figure. He said that 700 square feet is adequate for a couple or a single person to live in and he doesn’t feel that just because you have a bigger house, the in-law apartment should be any bigger. Mr. Cataldo said that he feels they should keep it at 700 square feet. Councillor Freda said that her biggest concern was that people would have to go before the Zoning Board of Appeals and be required to get plans that cost a lot of money. She said she feels this amendment is a good idea. Councillor Salvatelli asked how many units that we are talking about that would need to be grand-fathered in. Mayor Mazzarella said there are only between six and eight legal in-law apartments. Councillor Salvatelli asked if kitchens were allowed in 1987 and what was allowed for square footage. Mayor Mazzarella said that kitchens were allowed in a legal in-law apartment and that there were no set minimum or maximum dimensional requirements. Councillor Salvatelli asked what will happen when nobody is left living in the in-law apartment. Mayor Mazzarella said that you cannot turn it into a two family. He said the Assessor’s office is very aggressive abut making sure these are legal in-law apartments. Mayor Mazzarella said that by keeping the square footage at 700 square feet it is not too big when there is no one left living in it and it could be turned into just another room. Councillor Salvatelli asked what happens when someone breaks the rules and makes the in-law apartment larger than 700 square feet. Mayor Mazzarella said they would have to tear it down. Mr. Cataldo said that before they give the occupancy permit, they measure it and make sure it is the correct size. Councillor Dombrowski asked how they arrived at 700 square feet. HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 11, 2006, continued Mr. Cataldo said that is the average garage size that most people would build up over or convert the garage to an in-law apartment. Councillor Freda asked if a split entry is considered an illegal in-law apartment because there is not two forms of egress. Mr. Cataldo said it doesn’t need the two forms of egress, a split level would be acceptable. No one in the audience spoke in favor or opposition. Councillor Marchand said that the Planning Board isn’t meeting until September 18, 2006 so we will have to wait for their recommendation. Councillor Marchand said that we can take the vote on the amendment tonight. HEARING ADJOURNED: 7:27 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 11, 2006 Hearing opened at 7:28 P.M. with Councillor Nickel, Chair of the Public Service Committee, presiding. All members were present except Councillor Tocci. The following PETITION was the subject of the hearing. 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. Ken Dobie from National Grid was present. Mr. Dobie said they would like to install a new pole on Nelson Street to feed power to the new McDonald’s restaurant. No one in the audience spoke in favor or opposition. Councillor Marchand said he would like to go on record in favor of this petition. HEARING ADJOURNED: 7:30 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 11, 2006 Hearing opened at 7:32 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. This hearing was continued from July 24, 2006. All members were present except Councillor Tocci. The following PETITION was the subject of the hearing. 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 Industrial zone within the flood plain. William Hannigan from Hannigan Engineering, Inc. and Joel Baker, the applicant were present. Mr. Hannigan explained that they are proposing to construct a new Suzuki dealership on the property adjacent to the existing Baker Cadillac on Meade Street. Mr. Hannigan presented a map and indicated where the new building would be located. He said right now there is a small office building on the property which they propose to knock down. He said there is also another building in the back which is the Lakso building. Mr. Hannigan explained that they have already gotten Site Plan approval from the Planning Board which will allow them to put more than one building on a lot. Site Plan approval was also required for the number of parking spaces that they are creating on the property along with the size of the building. Mr. Hannigan said that regarding the “use” of the property there is an existing use of an automotive dealership and they are extending that use to allow this property HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 11, 2006, continued to be included. He said that is why this does not fall under the Mixed-Use ordinance. Mr. Hannigan said they received the permit for use from the Zoning Board of Appeals as well as approval and an Order of Conditions from the Conservation Commission. Mr. Hannigan said they are in front of the City Council for a Special Permit to construct within the floodplain. Mr. Hannigan said they have been before the Council with similar situations where there were previous buildings constructed within the floodplain area and that taking those buildings down after the floodplain map allowed additional encroachment within that floodplain area. He said basically the way it works is that the limit of the old buildings is along the foundation wall that are scattered throughout the edge of the river, the banks of the canal itself. He said according to Conservation regulations they are required to re-vegetate certain areas and they are re-vegetating 25 feet from the banks of the Nashua River. He said they are also in compliance with Storm Water Management which requires that they remove 80% of the total suspended solids prior to discharge so that the water coming off the property will be much cleaner than it is currently. Mr. Hannigan said they are also in compliance with the DEP Wetlands Protection Act. Councillor Marchand said they will need a copy of the updated map that Mr. Hannigan was referring to. Councillor Marchand said the area where the dealership currently exists is in an Industrial zoned area but used for Commercial. He said that this area needs a revision in the zoning itself. Councillor Marchand said that they had discussed taking the entire area and changing the zoning to Commercial and asked if Mr. Hannigan had begun that process. Mr. Hannigan said that his intention is to submit a petition to the City Council to rezone the Meade Street to Main Street to a Commercial zone. He said he has not submitted that petition yet and is trying to get in touch with Chris Hausser, the owner of the Dek Hockey rink, to get them involved with it as well. Joel Baker asked if it is his responsibility to change the zoning of that area. Councillor Marchand said it is not the applicant’s responsibility but that Mr. Hannigan committed him to it. Councillor Marchand said that he committed himself to Mr. Hannigan to work with him in this process. Councillor Rowlands wanted to clarify his position with regards to the use of the land. He feels that it should be rezoned to all Commercial use. Councillor Rowlands asked if there is floodplain land that has to be made up for as part of this project. Mr. Hannigan said there is not because there were buildings along the banks of the Nashua River at the time of the original flood studies and since that time the buildings were torn down. Councillor Dombrowski asked if the applicant had any problems with the conditions provided by the Fire Department. Mr. Hannigan said they did not and that same list of conditions was placed on the Site Plan Approval. Councillor Dombrowski said he feels we should also list those conditions in the Special Permit Approval. Councillor Nickel asked how they would handle the peak flow in the floodplain. Mr. Hannigan said that they analyze the site under the current conditions and then they design the site for the proposed conditions. He said they would simulate what would happen during the typical two year, ten year, twenty-five and one hundred year storm event and the idea is that they cannot increase the peak rate of runoff off the property at the design point that is figured on the site. Mr. Hannigan said they meet all the requirements for that. Mr. Hannigan said the system is already designed and has been approved by the Planning Board and their engineers. Councillor Rosa asked if a car dealership is allowed in the Industrial zone. Councillor Marchand said that he believes that it is not. Councillor Rosa asked how we can even be addressing this petition. Mr. Hannigan said that it is a pre-existing non-conforming use on a parcel of land that was in existence prior to the current zoning. He said the Baker Cadillac property has that use on it and they are extending that use to the proposed Suzuki property through a Special Permit from the Zoning Board of Appeals. Councillor Rowlands said that he disagrees with this interpretation and said they cannot have a sign under this Special Permit. Mr. Hannigan said that they did receive a variance for another sign. Councillor Rowlands said he wants this business to go in, but does not agree with this. He feels it should be rezoned to Commercial before they build the new dealership. Councillor Rowlands asked if there is maintenance with the runoff. Mr. Hannigan said yes, the on site drainage system has an operation and maintenance plan that must be maintained. He said it is privately maintained. Councillor Dombrowski said that the Zoning Board of Appeals has made a decision and the only thing before us is the floodplain issue. He said he feels that it would benefit the applicant to have it rezoned. Councillor Marchand read the following conditions from the Fire Department date July 5, 2006: 1. A water flow test must be performed by the civil engineer to insure that adequate water supply exists at the site for fire protection. HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 11, 2006, continued 2. The existing hydrant at the southwest corner of the building must be repositioned so as to be usable by this department. 3. Before any water main is abandoned, it must be tested and inspected to insure that no fire protection equipment relies upon it for supply. 4. Any blasting operation required should be monitored by an independent seismologist. 5. All fire protection systems must be interconnected to the municipal system via radio Master-box. No one in the audience spoke in favor or opposition. HEARING ADJOURNED: 7:30 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 except Councillor Tocci. The Committee on Records reported that the records were examined through August 28, 2006 and found to be in order. The records were accepted. A recess was called at 8:02 to continue the public hearing and hold a public forum. Meeting reconvened at 8:32 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-12 Dean J. Mazzarella, Mayor: Relative to the appropriation of $1,300,000.00 to pay additional costs of constructing, originally equipping and furnishing a new Library and for the payment of all other costs incidental and related thereto, and that to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Sections 7 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. C-13 Relative to the appropriation of $800.00 to the Veteran’s Services Salary & Wages Account; same to be transferred from the Emergency Reserve Account. C-14 Relative to the appropriation of $25,000.00 to the Highway Overtime Account; same to be transferred from the Emergency Reserve Account. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE given REGULAR COURSE and referred to the Department of Public Works and the Water & Sewer Commission. 18-07 Richard Shepard, Shepard’s Express, Inc.: Grant a sewer easement, over land owned by the City of Leominster for the installation and maintenance of a sewer connection to be utilized by the existing building located at 207 Mill Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE given REGULAR COURSE and referred to the Planning Department, the Zoning Board of Appeals and the Conservation Commission. 19-07 James S. Whitney: Accept and implement the provisions of the newly enacted Massachusetts General Laws, Chapter 43D in its entirety. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE given REGULAR COURSE and referred to the Building Inspector and the Planning Department. 20-07 Uno’s Restaurant, LLC: Grant permission to erect a trailblazing sign on Merriam Avenue just off the Route 2 exit ramp in the same location as the Outback sign. REGULAR MEETING OF THE CITY COUNCIL, SEPTEMBER 11, 2006, continued The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Election Officers 2006-2007 – Lisa Holley, Victoria Lanides, Linda Novelli, Joanne Petricca, Carol VivoAmore, Cynthia Zelis, Louise DiPalma, Andrea Freeman, James Pomeroy, Phyllis Johnson, Jean L. Trott, Mona Blanchard, Susan A. Cataldo Upon recommendations of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 8/0. 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. Vt. 8/0. 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 recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas”. 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. ORDERED: that the sum of One Hundred Thirty Five Thousand Two Hundred Dollars ($135,200.00) be appropriated 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. ORDERED: that the sum of Seven Hundred Sixty Two Dollars ($762.00) be appropriated 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. ORDERED: that the sum of Eight Thousand Two Hundred Dollars ($8,200.00) be appropriated to the Sanitation and Drainage Account; same to be transferred from the Emergency Reserve Account. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was given GRANTED. Vt. 8/0. 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 8/0. 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. (A hearing scheduled for September 25, 2006 at 7:00 P.M.) 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. REGULAR MEETING OF THE CITY COUNCIL, SEPTEMBER 11, 2006, continued 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. Upon request of the CITY PROPERTY COMMITTEE and the COMMITTEE ON SCHOOLS, the following PETITION was given FURTHER TIME. Vt. 8/0. 14-07 Richard M. Marchand: Request that the Mayor enter into negotiations and purchase the Julie Country Day School. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was AMENDED and given FURTHER TIME. Vt. 8 “yeas”. (Amended to add “any existing dwelling unit that applies to the Board of Appeals under new ownership shall be exempt from the conditions as set forth in Section 22-111.1.6 & Section 22-111.7.”) 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. Any existing dwelling unit that applies to the Board of Appeals under new ownership shall be exempt from the conditions as set forth in Section 22-111.1.6 & Section 22-111.7. (Legal Affairs Petition # C-145) Upon request of the LEGAL AFFAIRS COMMITTEE reconsideration of the vote taken on August 28, 2006 to adopt the 2nd Reading of the following ORDINANCE was RECONSIDERED. Vt. 7/1; Councillor Marchand opposed. Upon request of the LEGAL AFFAIRS COMMITTEE the following ORDINANCE was given FURTHER TIME. Vt. 8 “yeas”. 2nd Reading of the Ordinance 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. (Legal Affairs Petition # C-146) Under Old Business Councillor Rosa said that he talked to David Laplante and said he is still working on obtaining the information about the potential for hiring an IT person as well as how we generate our computer purchases. Councillor Rowlands asked the status on the petition that was tabled by the Ways & Means Committee concerning residency requirements for Board and Commission members. Councillor Freda said she has not set up a meeting yet but will be discussing it. Councillor Rowlands said that at the last meeting the City Council had a discussion on the $3,000.00 for a traffic study for the new Walmart in Lancaster, MA. He said as part of that discussion it was brought up about why we wanted that monies for a traffic study. He said he brought up the issue of mutual aid and how this project might affect it. Councillor Rowlands said the article in the paper was complete nonsense and the article does a disservice to the community in regards to this discussion. Councillor Rowlands said it was uncalled for and that the newspaper needs to get their facts straight. The following ORDINANCE was read once and adopted as presented and ordered published. A hearing was scheduled for September 25, 2006 at 7:30 P.M. Vt. 8 “yeas.” 1st Reading Ordinance – amend Chapter 13, Section 13-33 of the Revised Ordinances entitled “Schedule of Parking Fines” to reflect increases in parking violations in Groups A through E and remove “Blocking Wheelchair Ramp” from Group D and add to Group E. (Legal Affairs Petition #10-07) Under new business Councillor Marchand said he wanted to thank the members of the City Council, the members of the School Department, the Mayor and his staff and all the Department Heads for all their support and help with the Johnny Appleseed Festival. Councillor Salvatelli announced that Shelby Robichaud would be leaving the Mayors office on September 14, 2006, to take a new position at Cushing Academy and wanted to congratulate her. Councillor Salvatelli said that she has done a great job and has been a wonderful public servant and that she will be missed. REGULAR MEETING OF THE CITY COUNCIL, SEPTEMBER 11, 2006, continued Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from the table and placed on the calendar for action. It was so voted 8/0. Committee reports as follows: 98-06 Joel H. Baker, Baker Cadillac: Grant a Special Permit per Article 5, Section 22-37 of the Leominster City Zoning Ordinance to 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 an Industrial zone within the flood plain. AMENDED Vt. 6 “yeas” and 2 “nays”; Councillors Freda and Rosa opposed. Amended to add “per article 5, Section 22-37 of the Leominster City Zoning Ordinance”. GRANTED AS AMENDED WITH CONDITIONS (see hearing pg. 209 for conditions). Vt. 6 “yeas” and 2 “nays”; Councillors Freda and Rosa opposed. MEETING ADJOURNED: 10:25 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council