City Council

Council President Councilors-at-Large Mark C. Bodanza Thomas F. Ardinger Council Vice President Susan Chalifoux-Zephir , Pauline M. Cormier Claire M. Freda Brandon L. Robbins Ward Councillors Ward 1 – Robert M. Tocci Ward 2 – Pauline M. Cormier Ward 3 – David R. Cormier Ward 4 – Mark C. Bodanza Ward 5 – Peter A. Angelini MINUTES CITY OF LEOMINSTER CITY COUNCIL OCTOBER 15, 2024 JOHN P. MAHAN CITY COUNCIL CHAMBERS 25 WEST STREET, LEOMINSTER, MA 01453 LEGAL AFFAIRS PUBLIC HEARING, continued at 6:20 P.M. 5-25 Elizabeth Wood, on behalf of Planning Board; Request that the City Council amend the zoning ordinance pertaining to dimensional requirements for Residence B and Residence C Districts. (See attached) (Legal Affairs Committee; Regular Course; 08/12/2024; Public Hearing September 23, 2024, Further Time; continued October 15, 2024, at 6:20 PM; 2/3 Majority Vote) The public hearing began at 6:20 PM. Councillor Angelini opened the hearing with reading the petition. Councillor Angelini stated they will not be able to take any action on this petition this evening. Councillor Angelini asked petitioners if they would like to add anything else while the City Council awaits the recommendation from the Planning Board on October 24, 2024. Mr. Boyle stated that this amendment is going to be scaled back, there are modifications in process. Mr. Boyle also stated that it is in the same direction and with the same thought process, same intentions and outcomes as the initial proposal, but it is being scaled back some. President Bodanza replied that if there is going to a significant change from what was filed originally it would be a much safer course, sort of a due process type of  argument where the public knows that there's something different now that's being advanced as opposed to what was originally being advanced. Councillor Tocci asked about the timing on this petition? Is there a lot of time to get a response? Mr. Boyle replied that he will be in front of the Planning Board next week and expects that they will likely act that night. Councillor Angelini opened the floor to the council, and no one spoke. Councillor Angelini then opened the floor to the public to speak in favor or in option of this petition and nobody spoke. Councillor Angelini stated he will keep this hearing open. A continued public hearing was set for October 28, 2024, at 6:30pm. LEGAL AFFAIRS PUBLIC HEARING, continued 6:40 P.M. 7-25 Elizabeth Wood, On behalf of Planning Board; Request to Amend the zoning ordinance pertaining to Upper Story Dwelling Units. (see attached) (Legal Affairs Committee; Regular Course 08/26/2024; Public Hearing September 23, 2024; continued October 15, 2024, at 6:40 PM; 2/3 Majority Vote) The public hearing began at 6:40 PM. Councillor Angelini opened the hearing with reading the petition. Mr. Boyle began with stating that this proposal is adding a use to your tables of uses, upper story dwelling units. Councillor Angelini asked if the Council adopted this ordinance would take place in business A zone correct, BA & BB and the Village District. Mr. Boyle replied that in his proposal he split this into 1 to 4 units and 5 to 8 units. Mr. Boyle also added that upper story dwelling units 1 to 4 units would be allowed by right in BA, BB and V and by special permit in the MU2 district, which is one of your more intensive districts. MU2 and RC would be by special permit. Councillor Angelini read into the record a referral letter from Elizabeth Wood dated October 8, 2024, regarding petition 7-25. Councillor Tocci asked how many units this will be creating. Mr. Souza said they can’t be certain; it is left up to the individual owner of the property as they may wish to expand. Mr. Souza stated that some of the properties don’t have the structural integrity to add them. Councillor Pauline Cormier asked if there were built in fail safes if this passes. Mr. Souza assured Councillor Cormier that all new buildings need to be up to today’s building code. Page 2  Councillor Chalifoux-Zephir asked if someone with an existing commercial footprint could expand that footprint and go higher. Mr. Souza replied no. Councillor Chalifoux-Zephir asked if they stay within that existing footprint then can they build higher? Mr. Souza confirmed yes. Councillor Bodanza stated that this developed in part of the strategy for our MBTA compliance. Mr. Boyle added that if places can’t have a commercial use on the first floor, then they do not meet the criteria for upper story dwelling units. Councillor Angelini asked three times if anyone from the public wanted to speak regarding the petition. No one spoke. The public hearing closed at 6:55 PM. PUBLIC SAFETY COMMITTEE, PUBLIC HEARING, 6:45 P.M. 11-25 Claire Freda, Councillor At-Large; Request on behalf of Paul and Lisa Gove of Gove Farm. Establish a 25 or 30 MPH Speed Zone on Mechanic St from the Bridge at Johnny Ro Park to the Lancaster Town Line. Speed to be determined by the Leominster Traffic Department within the Police Department. (Public Safety and Traffic Committee; Regular Course; 9/23/2024; Public Hearing October 15, 2024; at 6:45 P.M.; Majority Vote) The public hearing began at 6:55 PM. Councillor Chalifoux-Zephir opened the hearing with reading the petition. Councillor Chalifoux-Zephir read the referrals from the DPW and the Leominster Police Department into the record. The public hearing was reconvened at 7:02 PM. Councillor Freda read into the record an expanded email from Acting Chief Malatos’ referral letter. Councillor Freda expressed her concern in favor for a traffic study to be done in this area. Councillor Angelini stated that he thinks traffic's a universal problem in cities our size and it's something that people will be trying to figure out long after we're gone from the city council, it's an ongoing battle. Councillor Pauline Cormier expressed her concern for the traffic issues in this area and anything the City can do in the interim to get some short-term reprieve for the people that live in that area. Councillor Freda requested the Mayor to get the funds to be able to do a speed study. Councillor Chalifoux-Zephir stated she is optimistic that a case can be made to bring to the Mayor & police department that it’s important that something be done. Page 3 Councillor Chalifoux-Zephir also expressed that in the City of Leominster, traffic is a problem. Councillor Chalifoux-Zephir agrees that something needs to be done in the short term. Councillor Chalifoux-Zephir will reach out to the Mayor & DPW to have a conversation. Councillor Chalifoux-Zephir opened the floor to the public to speak in favor or opposition of the petition. Paul Gove, 925 Mechanic Street, owner of Gove Farm, spoke in favor of doing a temporary faster solution to control the traffic issues would be appreciated. John Souza, Chief of the Planning Board stated that he thinks that area can be designated as a business district which would result in a lower speed zone. Melissa Bible, 178 Fifth Street, spoke in favor of the need for a light, a signage or a walkway, something needs to be done. Chris Masena, 955 Mechanic Street spoke in favor of anything that can be done. Lisa Gove, 925 Mechanic Street stated as the owner of Gove Farm they have done all they can do to change the way they conduct business to be more aware of the traffic. She expressed that the east bound traffic is the worst. Something needs to be done, a sign or something before someone gets seriously hurt. John Gove, 925 Mechanic Street spoke in favor of supporting any kind of attention- grabbing device to get people to be aware of the traffic and pay attention while driving, would be a great measure to take. John Harvey, 960 Mechanic Street and owns 980 Mechanic Street, agrees that speeding in that area is a huge issue. Mr. Harvey also said that the City needs to protect the farmers. He also stated that if Gove Fram was a Walmart or BJ’S, the city would stop the speeding. Mr. Harvey is asking the City to just slow the traffic down however possible. Erica Masena, 955 Mechanic Street, spoke in favor of this petition. Ms. Masena also added that there are no sidewalks in that area either for runners or school kids or people taking public transportation. Elizabeth Foley, Avon Street spoke in favor along with everybody else & has worked at Gove Farm. It is frightening trying to pull out of that lot. Fiona Harvey, 23 Jamestown Rd, lived in Leominster for 22 years, works at Gove Farm. The farm is very careful who is assigned to drive the vehicles on the farm due to the fast traffic on that road. Any help would be greatly appreciated. Page 4  Councillor Freda suggested that they hold a subcommittee meeting with Sergeant Robichaud & Acting Chief Malatos and maybe some of the neighbors to plan a traffic study. Councillor Chalifoux-Zephir recommended keeping the public hearing open. Councilor Chalifoux-Zephir stated it is important to have a short-term way to address the issue. LEGAL AFFAIRS PUBLIC HEARING, 6:50 P.M. 10-25 Peter A. Campobasso, Esquire; On behalf of Five SAC Self-Storage Corporation; Request to amend Section 22-17, Underlying Districts Table of Uses, of the Leominster Zoning Ordinance, under the Business Uses Table of Uses in the Multi-Use 1, MU1, Underlying Zoning District and change the Self-storage facility use from “N, No, not allowed” to either “Y, allowed by right” or SPPB, Planning Board Special Permit required”. According to the Leominster Zoning Ordinance, Self- storage in categorized as a Business Use but is only allowed in the Industrial Zoning District. (Legal Affairs Committee; Regular Course; 09/23/2024; Public Hearing November 12, 2024, at 6:50 PM; 2/3 Majority Vote) President Bodanza stated this public hearing is already set for November 12, 2024, and will not be heard tonight. PUBLIC FORUM, 6:55 P.M. The public forum is an opportunity for any member of the audience to speak on a matter specifically listed on the Council Agenda. Speakers will be asked to come to the microphone and state their formal name and address along with identifying the specific item(s) they wish to address. Each speaker is respectfully asked to keep their comments within a two (2) minute time frame. The Council will not be responding or answering any questions; however, at the discretion of the Council President, clarification may be given. The public forum began at 7:42 PM. Council President Bodanza stated a few people did sign up. Eileen Griffin, 135 Highland Ave spoke in support of the school committee’s compensation. Peter Campabasso, office at 3 Park Street, spoke regarding petition 10-25 on behalf of SAAC Self Storage Corporation, looking forward to presenting their case to the council. Page 5 Melissa Bible, 178 Fifth Street in support of the school committee increase. Ask that the petitioners get the chance to present their case next time to the council. Nobody else from the public spoke. President Bodanza closed the public forum at 7:49PM. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. The regular meeting of the City Council was called to order at 7:00PM. Councillor Bodanza made a motion to recess. Councillor Chalifoux-Zephir seconded the motion. The motion carried by a vote of 9-0. The regular meeting was reconvened at 7:11 PM. II. PLEDGE OF ALLEGIANCE III. ROLL CALL OF COUNCILLORS IN ATTENDANCE Councillor Bodanza, Councillor David Cormier, Councillor Pauline Cormier, Councillor Ardinger, Councillor Angelini, Councillor Tocci, Councillor Chalifoux-Zephir, Councillor Robbins and Councillor Freda. Others present: Elizabeth Doiron City Clerk; Maribel Perez, Assistant City Clerk. IV. APPROVAL OF RECORDS - September 9, 2024 - These meeting minutes were placed on file. - September 23, 2024 - These meeting minutes were given FURTHER TIME. Page 6  V. COMMUNICATIONS FROM THE MAYOR C-11 Dean J. Mazzarella, Mayor; Request that an appropriation of $3,500.00 be made to the Forestry Overtime Account; the same amount to be transferred from the Stabilization Fund. (Finance Committee; Regular Course; 10/15/2024; Majority Vote) This communication was given regular course. C-12 Dean J. Mazzarella, Mayor; Request that an appropriation of $21,250.00 be made to the Cemetery Capital PY-Building Rehab Account; the same amount to be transferred from the Cemetery Perpetual Care Account. (Finance Committee; Regular Course. 10/15/2024; Majority Vote) This communication was given regular course. C-13 Dean J. Mazzarella, Mayor; Request that an appropriation of $175,000 be made to the Road resurfacing account: the same amount to be transferred from Stabilization Fund. (Finance Committee; Regular Course; 10/15/2024; 2/3 Vote) This communication was given regular course. C-14 Dean J. Mazzarella, Mayor; Request an appropriation of $4,000.00 be made to the FY 2025 Parking Enforcement Overtime Account; the same to be transferred from the FY 2025 Disability Parking Fee Account. (Finance Committee; regular Course. 10/15/2024; Majority Vote) This communication was given regular course. APPOINTMENTS C-15 Dean J. Mazzarella, Mayor; Request the confirmation of Jason Main to the position of Veterans Director for the City of Leominster for a term of three years; effective October 29, 2024. I certified that said person is qualified to perform the duties which will be required, and I make this designation solely in the interest of the City of Leominster. (Ways and Means Committee; Regular Course; 10/15/2024; Majority Vote) This communication was given regular course. Councillor Pauline Cormier asked that Mr. Main be invited to the next meeting to interview him. The interview is to take place on October 28, 2024, at 6:00PM. Page 7 APPOINTMENTS, cont’d C-16 Dean J. Mazzarella, Mayor; Request that the attached list of election workers for the November 5, 2024, State Election, be appointed. (Ways and Means Committee; Regular Course; 10/15/2024; Majority Vote) This communication was given regular course. VI. PETITIONS FIRST TIME ON THE AGENDA 12-25 The School Committee respectfully request with a vote of (-9-0), that the Leominster City Council consider increasing their yearly compensation to align with the other school committees in Massachusetts. The Committee currently receives a yearly stipend of $2,000 and would request that amount be increased to $5,000, to take effect after the next election cycle to follow the consumer index for future increases. The compensation will be paid out of the school department budget. (Legal Affairs Committee. Regular Course; October 15, 2024; Public Hearing October 28, 2024, at 6:10 P.M.; Majority Vote) This communication was given regular course. Established public hearing date of October 28, 2024, at 6:10PM with a vote of 9/0. 13-25 Elizabeth Doiron, City Clerk; Request that the City Council grant the attached Election Order for the November 5, 2024, State Election. (Ways and Means Committee; Regular Course; 10/15/2024; Majority Vote) This communication was given regular course. 14-25 Thomas F. Ardinger, Councillor At-Large; On behalf of the petitioners’ bellow request a sidewalk on the easterly side of Howard St between Lancaster St and Florence St. (City Property Committee; Regular Course; 10/15/2024; Public Hearing TBD; 2/3 Majority Vote) This communication was given regular course with a referral to the DPW, Police Department and the Mayor. Established public hearing date of November 12, 2024, at 6:40PM with a vote of 9/0. Page 8  VII. MATTERS BEFORE THE CITY COUNCIL VIII. FINANCIAL REPORT – BALANCE: $691,447.10 IX. FINANCE C-10 Dean J. Mazzarella, Mayor; Request that an appropriation of $35,000.00 be made to the Veteran’s Department Head Account and the same to be transferred from the Collective Bargaining Account. RE: Cross training of new Veterans Director. (Finance Committee; Regular Course; 09/23/2024; Majority Vote) The Finance Committee recommended that the City Council GRANT the communication. By a vote of 9-0 the communication was GRANTED. ORDERED: By a vote of 9-0 the order was ADOPTED. X. LEGAL AFFAIRS 5-25 Elizabeth Wood, on behalf of Planning Board; Request that the City Council amend the zoning ordinance pertaining to dimensional requirements for Residence B and Residence C Districts. (See attached) (Legal Affairs Committee; Regular Course; 08/12/2024; Public Hearing September 23, 2024, Further Time; continued October 15, 2024, at 6:20 PM; 2/3 Majority Vote) The Legal Affairs Committee recommended that the City Council continue the public hearing on October 28, 2024, at 6:30PM and give the petition FURTHER TIME. By a vote of 9-0 the petition was given FURTHER TIME. 7-25 Elizabeth Wood, On behalf of Planning Board; Request to Amend the zoning ordinance pertaining to Upper Story Dwelling Units. (see attached) (Legal Affairs Committee; Regular Course 08/26/2024; Public Hearing September 23, 2024; continued October 15, 2024, at 6:40 PM; 2/3 Majority Vote) The Legal Affairs Committee recommended that the City Council GRANT the petition. By a vote of 9-0 the petition was GRANTED. Page 9 PUBLIC SAFETY 11-25 Claire Freda, Councillor At-Large; Request on behalf of Paul and Lisa Gove of Gove Farm. Establish a 25 or 30 MPH Speed Zone on Mechanic St from the Bridge at Johnny Ro Park to the Lancaster Town Line. Speed to be determined by the Leominster Traffic Department within the Police Department. (Public Safety and Traffic Committee; Regular Course; 9/23/2024; Public Hearing October 15, 2024; at 6:45 P.M.;( Majority Vote) The Public Safety Committee recommended that the City Council continue the public hearing on October 28, 2024, at 6:20PM and give the petition FURTHER TIME. By a vote of 9-0 the petition was given FURTHER TIME. LEGAL AFFAIRS 10-25 Peter A. Campobasso, Esquire; On behalf of Five SAC Self-Storage Corporation; Request to amend Section 22-17, Underlying Districts Table of Uses, of the Leominster Zoning Ordinance, under the Business Uses Table of Uses in the Multi-Use 1, MU1, Underlying Zoning District and change the Self-storage facility use from “N, No, not allowed” to either “Y, allowed by right” or SPPB, Planning Board Special Permit required”. According to the Leominster Zoning Ordinance, Self- storage in categorized as a Business Use but is only allowed in the Industrial Zoning District. (Legal Affairs Committee; Regular Course; 09/23/2024; Public Hearing November 12, 2024, at 6:50 PM; 2/3 Majority Vote) The Legal Affairs Committee recommended that the City Council give the petition FURHTER TIME. By a vote of 9-0 the petition was given FURTHER TIME. Page 10  CITY PROPERTY 9-25 Richard M. Marchand: Request to use the following City properties to host the 32nd Annual Johnny Appleseed Arts and Culture Festival is on Saturday, September 20th, with a rain date of Saturday September 27, 2025. The festival shall take place with a set-up beginning at five o’clock in the morning with completion by seven o’clock in the evening. The following City Streets and properties: West Street from St. Mark’s Church to Main Street. Park Street in its entirety. The City Hall parking lot and city parking lot adjacent to the City Hall. Main Street from the intersection of Mechanic Street to Merriam Avenue. The city portion of the parking lot between the First Baptist Church and First Church Unitarian. All street front businesses, including houses of worship shall be notified of said closing, as well as being invited to participate. (City Property; Regular Course; 09/23/2024; Majority Vote) The City Property Committee recommended that the City Council GRANT the petition. By a vote of 9-0 the petition was GRANTED. XI. WAYS AND MEANS C-9 Dean J. Mazzarella Mayor; Request that Melissa Tasca be exempt from the provisions of M.G.L. Chapter 268A, (20B) Conflict of Interest, Melissa is currently employed by the City of Leominster Planning Department and will be taking a position with the City Clerk’s office as an election worker. (Ways & Means Committee; Regular Course; 09/23/2024; Majority Vote) The Ways and Means Committee recommended that the City Council GRANT the petition. By a vote of 9-0 the petition was GRANTED. XII. NEW BUSINES XIII. OLD BUSINESS – Councillor Freda expressed concern that the agenda cut off was Wednesday instead of Thursday. Noting there was a holiday, Councillor Freda stated that the 48-hour requirement shouldn’t change. President Bodanza explained that the agenda was done, he was in the Clerk’s office, he approved it, and it was distributed. Councilor Chalifoux -Zephir stated that if there is any kind of change to the routine way that the Council does business , the whole City Council should be alerted by the City Clerk. Page 11  OLD BUSINESS, cont’d President Bodanza added the Mayor’s materials were in early, he approved it. More notice can always be given. President Bodanza stated he would do it again. XIV. COMMUNITY CALENDAR XV. ADJOURNMENT Councillor Pauline Cormier made a motion to adjourn. Councillor Chalifoux- Zephir seconded the motion. The meeting adjourned at 8:19 PM. - Elizabeth Doiron, City Clerk Page 12