City Council

HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 25, 2006 Hearing opened at 7:03 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. 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. Introduced and made part of the record were the following: A. Petition 15-07 submitted by McCarty Associates, 42 Lancaster Street, Leominster, MA with accompanying plan entitled “Petsmart Site Plan Approval Documents” prepared by Patrick McCarty, Civil Engineer, McCarty Engineering, Inc., 42 Lancaster Street, Leominster, MA dated August 9, 2006. B. Notice of public hearing published in the Sentinel & Enterprise on September 11, 2006 and September 18, 2006. C. Positive recommendations were received from the Planning Department, the Building Inspector and the Department of Public Works. D. A recommendation from the Health Department said that the engineers will need to develop flood plain hazard plans for the building and/or provide any compensatory storage that may be needed due to the proposed building and parking areas. They also said that they have some concerns relative to the entrance and exits to the proposed parking areas and how it could affect the traffic on Commercial Road. E. A recommendation from the Fire Department strongly suggests that an appropriate fire watch over the demolished materials (until removed from the site) and the installation of a wireless fire alarm transmitter on the city system be made a condition of the Special Permit. Brian Marchetti, an engineer, representing 89 Commercial Road, LLC, was present, filling in for Mr. McCarty, who could not be here tonight. Mr. Marchetti said that the proposed project entails demolishing a 33,000 square foot building and erecting a 20,000 square foot building on the same site. He said they are before the City Council for a Special Permit for construction in the flood plain. Mr. Marchetti said that by demolishing a 33,000 square foot building and erecting a 20,000 square foot building they will increase the amount of flood plain storage on this site by approximately 13,000 square feet. He said they are also reducing the amount of impervious area on the site by 6,000 square feet and increasing the amount of green space. Mr. Marchetti said the existing site does not have a functioning drainage system and as part of this new project they are proposing to install a newly revised subsurface drainage system. He said they have already obtained approval from the Leominster Conservation Commission and that a positive recommendation had been acquired from the Planning Board. Mr. Marchetti said that on behalf of McCarty Associates, he is requesting the council act favorably on their request for a Special Permit. Councillor Marchand said he realized Mr. Marchetti is on the spot tonight, but he said we will need some specific answers on some of the comments from the Departments recommendations. HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 25, 2006, continued Councillor Dombrowski said he is in favor of the project pending a favorable recommendation from the Conservation Commission. He said this project will minimize the impact on the flood plain and will improve the condition of the site. Councillor Rowlands said he believes they have already gotten the Conservation Commission approval, but that a recommendation has not been forwarded to the City Council yet. Mr. Marchetti said they have already received the Order of Conditions from the Conservation Commission. Councillor Rowlands asked if maintenance would be involved in the new drainage system, and if so, who would be responsible for the maintenance. Mr. Marchetti said there would be maintenance needed for the drainage system and it would be maintained by the owner on site. Councillor Rowlands asked where the run-off would go. Mr. Marchetti said it drains to the existing mall drainage infrastructure and ultimately to the Nashua River. Mr. Rowlands asked if the mall infrastructure has the ability to handle the run-off. Mr. Marchetti said that by reducing the amount of impervious surface, they are reducing the amount of run-off. He said with the proposed system there will be a decrease in the volume of storm water run-off due to the increase in green space. Councillor Nickel asked who the LLC is. Mr. Marchetti was not sure of that answer, but said Mr. McCarty would know. Councillor Marchand said he did visit the site and that they just need to wait until they receive all the recommendations back from the various boards. Once they have all the recommendations back, they will vote on this petition. No one in the audience spoke in favor or opposition. HEARING ADJOURNED: 8:19 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 25, 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 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. Councillor Dombrowski said he was in favor of this petition since these fees have not been raised in quite some time. Councillor Rowlands said he got an email that was worth evaluating. He feels they should give this petition further time to check into the validity of the email with Sergeant Ducharme. He said he received this email late last night. Councillor Lanciani said he would like a copy of this email. Councillor Rowlands said he would give everyone a copy of the email and they can read it and when the vote comes up later on in the agenda they can make a decision. Councillor Marchand said there is no real rush in making the decision and that they can give it further time in order to talk to Sergeant Ducharme. No one in the audience spoke in favor or opposition. HEARING ADJOURNED: 7:35 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council Meeting called to order at 8:01 P.M. Attendance was taken by a roll call vote; all members present. A recess was called at 8:02 to continue the public forum. Meeting reconvened at 8:32 P.M. A motion was made and seconded to go into Executive Session under the provisions of Chapter 39, Section 23B of the Massachusetts General Laws. Voted by roll call. Vt. 9 “yeas.” Councillor Salvatelli said the regular meeting would continue at the conclusion of the Executive Session. Meeting reconvened at 9:00 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-15 Relative to the appropriation of $550.00 to the Health Department Expense Account; same to be transferred from the Emergency Reserve Account. C-16 Relative to the appropriation of $6,500.00 to the Sanitation and Drainage Expense Account; same to be transferred from the Emergency Reserve Account. REGULAR MEETING OF THE CITY COUNCIL, SEPTEMBER 25, 2006, continued The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. C-17 Dean J. Mazzarella, Mayor: Amend Chapter 16, Section 16-34, of the Revised Ordinances to change the classification of Secretary (mayor’s secretary) from an S-3 to an S-4 and amend the job title to Mayoral Aide. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was scheduled for October 10, 2006 at 6:45 P.M. Vt. 9/0. 21-07 National Grid and Verizon New England, Inc.: Central Street: Install two jointly owned poles and remove one jointly owned pole on Central Street beginning at a point approximately 40 feet north of the centerline of the intersection of Willard Street and continuing approximately 108 feet in a southerly direction. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was scheduled for October 10, 2006 at 6:50 P.M. Vt. 9/0. 22-07 National Grid and Verizon New England, Inc.: Willard Street: Install one jointly owned pole on Willard Street beginning at a point approximately 240 feet east of the centerline of the intersection of Central Street. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was scheduled for October 10, 2006 at 6:55 P.M. Vt. 9/0. 23-07 National Grid and Verizon New England, Inc.: Willard Street: Install one jointly owned pole on Willard Street beginning at a point approximately 148 feet north of the centerline of the intersection of Candlewood Drive. The following PETITION was received, referred to the PUBLIC SAFETY AND CITY PROPERTY COMMITTEES, given REGULAR COURSE and referred to the Police Department, Fire Department and the Building Inspector. 24-07 Richard Marchand, Executive Director, Leominster Downtown Corporation: Request the use of the City Hall Parking Lot, the John Tata Auditorium, the City parking lot located between the First Church Unitarian and the First Baptist Church, Monument Square Park, and the city streets identified as the intersection of Main Street up West Street to School Street, Park Street from Main Street to West Street, and Church Street from the intersection of West Street to Merriam Avenue on Saturday the 15th day of September, 2007, with a rain date of Saturday the 29th day of September, 2007, between the hours of 5:00 A.M. to 6:00 P.M. to host the 14th Annual Johnny Appleseed Arts and Cultural Festival. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Election Officers 2006-2007 – Jeremiah E. Greene, Jr., Beatrice Robichaud, Elizabeth J. Buchanan, Jeffrey L. Rosenburg, Patricia Harvie, Laura Sykes, Dennis M. Lyddy REGULAR MEETING OF THE CITY COUNCIL, SEPTEMBER 25, 2006, continued Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9/0. 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. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas.” 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. ORDERED: that the sum of Eight Hundred Dollars ($800.00) be appropriated to the Veterans’ 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. ORDERED: that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Highway Overtime Account; same to be transferred from the Emergency Reserve Account. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. 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. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED and referred to the Conservation Commission, the Zoning Board of Appeals, the Planning Department and the Health Department. Vt. 9/0. 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 LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED for study. Vt. 9/0. 19-07 James S. Whitney: Accept and implement the provisions of the newly enacted Massachusetts General Laws, Chapter 43D in its entirety. Upon recommendation of the CITY PROPERTY COMMITTEE, the following PETITION was GRANTED. Vt. 7/2; Councillors Rowlands and Nickel opposed. 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. Upon request of the CITY PROPERTY & COMMITTEE ON SCHOOLS, the following PETITION was TABLED for study. Vt. 9/0. 14-07 Richard M. Marchand: Request that the Mayor enter into negotiations and purchase the Julie Country Day School. REGULAR MEETING OF THE CITY COUNCIL, SEPTEMBER 25, 2006, continued Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9/0. 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 The following ORDINANCES were 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 XV, In-Law Apartments, Section 22-114, Existing Accessory Dwelling Units, is herby amended by deleting Section 22-114 in its entirety and inserting in its place the following: Any accessory dwelling unit existing in a single-family residence on the effective date of this article may 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 __________________________________________________________ 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. 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. REGULAR MEETING OF THE CITY COUNCIL, SEPTEMBER 25, 2006, continued 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. _________________________________________________________ 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 13-33 of the Revised Ordinances entitled “Schedule of Parking Fines” is hereby amended as follows: Group – A – the phrase “not to exceed five dollars” is deleted and “not to exceed ten dollars” inserted in its place. Group B – the phrase “not to exceed ten dollars” is deleted and “not to exceed twenty-five dollars” inserted in its place. Group C – the phrase “not to exceed fifteen dollars” is deleted and “not to exceed twenty-five dollars” inserted in its place. Group D – the phrase “not to exceed twenty-five dollars” is deleted and “not to exceed fifty dollars” inserted in its place. Group E – the phrase “fifty dollars” is deleted and “one hundred dollars” inserted in its place. This section further amended by deleting “20. Blocking wheelchair ramp” from Group D and inserting it in Group E. ________________________________________________________ The following LOAN ORDER was given FURTHER TIMED. Vt. 9/0. 1st Reading Loan Order – Ordered that the sum of $1,300,000.00 hereby be appropriated 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. 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 9/0. Committee reports as follows: 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. TABLED Vt. 9/0. A hearing was rescheduled for October 10, 2006. Vt. 9/0. MEETING ADJOURNED: 11:27 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council