| 7:30 P.M. Information meeting with Mayor Mazzarella RE: State Pool 7:40 P.M. Interview with new appointee CITY OF LEOMINSTER CITY COUNCIL APRIL 11, 2005 HEARING BEFORE THE CITY COUNCIL, 6:30 P.M. 53-05 Leominster City Council; Richard Marchand, David Rowlands, Wayne Nickel, Robert Salvatelli, John Dombrowski and Dennis Rosa: Amend the City of Leominster’s Zoning Ordinance Article 11, Subsection 22-24.2.5 concerning mixed-use development projects in the Industrial Districts, by deleting subsections 24.2.5.1 through 24.2.5.2 in their entirety and substituting therefore new Subsections 24.2.5.1 through 24.2.5.5. (Legal Affairs) PUBLIC FORUM, 7:45 P.M. REGULAR MEETING OF THE CITY COUNCIL, 8:00 P.M. ROLL CALL COMMUNICATIONS C-128 Relative to the appropriation of $3,500.00 to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account.(Finance) C-129 Relative to the appropriation of $3,000.00 to the Sanitation/Drainage Expense Account; same to be transferred from the Excess and Deficiency Account.(Finance) C-130 Relative to the appropriation of $3,500.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account.(Finance) C-131 Relative to the appropriation of $16,000.00 to the Police Courthouse Expense Account; same to be transferred from the Police Department Salary and Wages Account.(Finance) COMMUNICATIONS, continued C-132 Relative to the appropriation of $56,000.00 to the Police Department Overtime Account; same to be transferred from the Police Department Salary and Wages Account.(Finance) C-133 Relative to the appropriation of $52,000.00 to the Police Department Expense Account; same to be transferred from the Police Department Salary and Wages Account.(Finance) PETITIONS 76-05 David Rowlands: Request that the City Council endorse a petition to amend the Leominster Zoning Ordinance dated July 1, 2001 with amendments through January 27, 2003 with the purpose of removing Mixed Use Development Project or Mixed Use Zoning in its entirety by amending 1.) Section 22-24 – Industrial District by eliminating Section 24.2.5 in its entirety including all subsections; 2.) Section 22-26 Table of Uses by removing “Mixed Use Development Project” in its entirety and 3.) all sections that make references to Mixed Use Development Projects or Mixed Use Zoning by removing them in their entirety.(Legal Affairs) 77-05 Robert A. Salvatelli: Place “no parking” signs for 150 feet along the left side of Phillips Street.(Legal Affairs) 78-05 Wachusett Development and Construction, Inc.: Grant a Special Permit to expand parking by 8 spaces on the west side of the building at 166 Hamilton Street located within a flood plain.(Legal Affairs) 79-05 Claire Freda: Amend Section 12-2 of the Revised Ordinances entitled “Fees-Schedule” by adding 7(b)(1) Any license or permit to store chemicals in solid, liquid or gaseous form with the intent that these chemicals be used in any type of manufacturing must be reviewed by the City Council every five years.(Legal Affairs & Public Safety) 80-05 Claire M. Freda: Amend Chapter 12 Section 12-1 by adding Sections 12-1 (f through I); (f) any applicant requesting a permit or license to store chemicals in solid, liquid or gaseous form to be used in any type of manufacturing shall be required to provide a comprehensive scope to determine type of work to be done on site; (g) any business entity requesting permit or license that requires storage of any chemicals in solid, liquid or gaseous form with the intent that they be used in any type of manufacturing shall not be granted license until application is reviewed by an independent expert in the field as determined by the City Council at the proponents expense; (h) any Company deemed to be creating a hazardous environment as defined by independent expert shall not be allowed to locate within 1,000 feet of a residential area, school, or daycare center; (I) Employees Right To Know will be on file in the City Clerk’s Office. (Legal Affairs & Public Safety) 81-05 David Rowlands: Place a streetlight on pole #2 on Stuart Avenue.(Public Safety) 82-05 Wayne A. Nickel: Place a streetlight on poles #2 and #4 on Webber Street.(Legal Affairs) 83-05 Wayne A. Nickel: Place a streetlight on pole #23 on Johnny Appleseed Lane. (Public Safety) 84-05 Wayne A. Nickel: Place a streetlight on pole #4 on Ash Street. (Public Safety) APPOINTMENTS Historical Commission – Leon Christoforo – term to expire 4/15/08 (to fill the un-expired term of Dr. George Bond) Historical Commission – David Chester – term to expire 4/15/08 License Commission – Paul Leblanc – term to expire 4/15/09 MATTERS BEFORE THE CITY COUNCIL FINANCE C-117 Relative to the appropriation of $51,500.00 to the Library Expense Account; same to be transferred from the Library State Aid Reserved for Appropriation Account. C-118 Relative to the appropriation of $12,500.00 to the City Clerk Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. C-119 Relative to the appropriation of $5,000.00 to the Highway Labor Account; same to be transferred from the Emergency Reserve Account. C-120 Relative to the appropriation of $12,000.00 to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-121 Relative to the appropriation of $2,000.00 to the Cemetery Salary and Wages Account; same to be transferred from the Emergency Reserve Account. C-122 Relative to the appropriation of $6,500.00 to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-123 Relative to the appropriation of $25,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-124 Relative to the appropriation of $25,000.00 to the Fire Department Overtime Account; same to be transferred from the Fire Salary and Wages Account. C-125 Relative to the appropriation of $35,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account.(Granted on March 28, 2005 as an emergency preamble, another vote required) C-126 Relative to the appropriation of $35,000.00 to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. .(Granted on March 28, 2005 as an emergency preamble, another vote required) FINANCE AND LEGAL AFFAIRS C-127 Dean J. Mazzarella, Mayor: Adopt the Optional Additional Real Estate Exemptions, Chapter 126 of the Acts of 1988, which amended Section 4 of Chapter 73 of the Acts of 1986 and adjusts the amount of the exemption for those qualified under Section 5 of M.G.L. Chapter 59 to reflect an increase in the current factor of 1.25 to 1.30 effective for Fiscal Year 2006. LEGAL AFFAIRS 53-05 Leominster City Council; Richard Marchand, David Rowlands, Wayne Nickel, Robert Salvatelli, John Dombrowski and Dennis Rosa: Amend the City of Leominster’s Zoning Ordinance Article 11, Subsection 22-24.2.5 concerning mixed-use development projects in the Industrial Districts, by deleting subsections 24.2.5.1 through 24.2.5.2 in their entirety and substituting therefore new Subsections 24.2.5.1 through 24.2.5.5. 64-05 John M. Dombrowski: Amend Chapter 4, Sections 4-2.1 through 4-2.9 of the Revised Ordinances entitled “Buildings” by increasing the fees therein to ensure that the costs to the city of providing inspections and services associated with same are covered and that the fees are comparable to those similar fees being charged by other municipalities. 65-05 John M. Dombrowski: Amend Chapter 17 of the Revised Ordinances by increasing the Plumbing and Gas Permit fees to ensure that costs to the City of providing inspections and services associated with same are covered and that the fees are comparable to those similar fees being charged by other municipalities. 69-05 David Rowlands: Request that the Zoning Board of appeals adopt M.G.L. Chapter 44, Section 53G relative to the employment of outside consultants. 70-05 David Rowlands: Request that the Planning Board adopt M.G.L. Chapter 44, Section 53G relative to the employment of outside consultants. 71-05 David Rowlands: Request that the Conservation Commission adopt M.G.L. Chapter 44, Section 53G relative to the employment of outside consultants. 72-05 Thomas Shea and Ten Registered Voters: Rezone a parcel of land at the intersection of Jytek Drive and Central Street shown on Assessor’s Map 499 as Lot #22 from Industrial to Commercial to allow for the development of this land consistent with adjacent parcels on Central Street which are currently being used as commercial properties. 73-05 Maribel Fournier: Amend Chapter 2 Section 2-15 of the Revised Ordinances by changing the Director of Veterans Services appointment from a one year to a three year appointment. PUBLIC SAFETY 74-05 Linnea M. Romhanyi: Request a traffic study on High Street to investigate the possibility of making it a dead-end or one way street. WAYS & MEANS 67-05 Aime Lemoine: Renew license for one pool table at Seven R’s, d/b/a A & R’s Double Inn, 166 Water Street. 68-05 Craig Long: Renew license for two pool tables at Jake’s Pub, Inc. d/b/a Hot Shotz, 1293 Main Street. 75-05 Phillip McBain: Renew the license for two pool tables at Captains Lounge, 1536 Main Street. APPOINTMENT Emergency Management Agency – Christopher Tourigny RE-APPOINTMENTS Board of Appeals – term to expire April 15, 2008 Stephen A. Decarolis, MaryAnn Cormier, Joseph Tocci Board of Appeals – Alternate Member –term to expire April 15, 2006 Lee Baron Board of Assessors – term to expire April 15, 2008 Norman Melanson Conservation Commission – term to expire April 15, 2008 Peter Lanza Doyle Field Commission – term to expire April 15, 2008 Ernest L. Rooney Historical Commission – term to expire April 15, 2008 Robert A. Saudelli, Ann Fraturelli Housing Authority – term to expire April 15, 2010 Yanneth Bermudez-Camp 4/11/05 RE-APPOINTMENT Library Board of Trustees – term to expire April 15, 2008 Nancy Hicks, Jeanne Zephir Planning Board – term to expire April 15, 2010 John J. Souza, Mike Cooley Recreation Commission – term to expire April 15, 2008 Patricia Caisse, Lionel A. Charpentier, Jodie L. Dube Registrar of Voters – term to expire April 15, 2008 Nancy Piermarini Trust Fund Commission – term to expire April 15, 2008 John E. Howard Wastewater Plant Commission – term to expire April 15, 2008 Ricky Melanson Council on Aging – term to expire April 15, 2008 Dorothy Fantozzi, Diane Perkins, Lorette M. Johnson Treasurer and Collector – term to expire April 15, 2008 David LaPlante Cable TV Advisory Board Commission – term to expire April 15, 2008 Richard J. Hopkins Director of Veterans Services – term to expire April 15, 2008 Richard Voutour Personnel Director – term to expire April 15, 2008 Maribel Fournier Cultural Commission – term to expire April 15, 2008 Donna Chalifoux, ONE YEAR APPOINTMENTS – TERMS TO EXPIRE APRIL 15, 2006 Fence Viewer - John LaRose Forest Warden - Paul Kennedy Insect and Pest Control – Neil Taylor 4/11/05 ONE YEAR APPOINTMENTS – TERMS TO EXPIRE APRIL 15, 2006, continued Supt. Gypsy & Brown Tail Moths – Neil Taylor Veterans Burial Agent – Victor W. Leger Veterans Care of Graves – Ralph Sacramone Weigher of Beef – Michael Ciccolini Weigher of Chemicals – Delta Bulk Packaging Weigher of Hay – Henry LaRose Trustees of Soldiers Memorials – Pelino Masciangioli, Kenneth Gurge OLD BUSINESS 1ST Reading Ordinance – to amend City of Leominster’s Zoning Ordinance Article 11, Subsection 22-24.2.5 concerning mixed-use development projects in the Industrial districts by deleting subsections 24.2.5.1 through 24.2.5.2 in their entirety and substituting therefore new Subsections 24.2.5.1 through 24.2.5.5. 2ND Reading Loan Order – Ordered that the sum of $250,000.00 hereby be appropriated for the cost of renovating, reconstructing and making extraordinary repairs to Doyle Field, and for the payment of all other costs incidental and related thereto, and to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore, and to authorize and direct the appropriate officials of the City to apply for and accept any grants or gifts that may be available to the City on account of this project.(A hearing is scheduled for April 25, 2005 at 7:00 P..M.) TABLED PETITIONS UPON WHICH ACTION IS PROPOSED LEGAL AFFAIRS 54-05 Hee Man Chie and Julia Chie: Extend the Commercial zoning area at the corner of Nelson and North Main Street to include 29 Nelson Street currently zoned Residence B, as shown on Assessors Map 195, lot 13. 56-05 Ten Registered Voters, submitted by James Whitney: Amend Chapter 22, Article II, Section 22-16 of the Revised Zoning Ordinances entitled “Generally Permitted Uses” by adding new subsections (1) 16.9.1, in an Industrial or Commercial district the City Council may grant a Special Permit allowing the re-use of an existing building for a use not otherwise permitted in the district in which the building is located. The new use is one listed in Article II Section 22-26 as being permitted as of right or as being allowed subject to a Special Permit requirement in a Residence, Business, Commercial or Industrial district, exclusive of Adult Entertainment uses; (2) 16.9.2 the City Council shall find that the proposed reuse will not be substantially more detrimental to the neighborhood than the prior use and such permits may also impose conditions, safeguards and limitations on time or use. (3) 16.9.3 in granting a Special Permit to a specific business or use it will be exclusive to that business. All other businesses must apply for a Special Permit exclusive to such new use or business. CITY PROPERTY C-8 (2003) Dean J. Mazzarella, Mayor: Request that the parcel of land at 35 Page Avenue, as shown on Map 382, Lot 9 be declared surplus. C-67 Dean J. Mazzarella, Mayor: Declare the property owned by the City of Leominster located on Jungle Road, Assessors Map 304, Lot 2, be declared surplus and made available for sale according to M.G.L. Chapter 30B, Section 16. Ann B. Mahan City Clerk April 7, 2005 |