| 7:40 P.M. Interviews with new appointee CITY OF LEOMINSTER CITY COUNCIL JULY 11, 2005 PUBLIC FORUM, 7:45 P.M. REGULAR MEETING OF THE CITY COUNCIL, 8:00 P.M. ROLL CALL COMMUNICATIONS C-1 Relative to the appropriation of $175,000.00 to the Fire Department Capital Outlay Expense Account; same to be raised by Fiscal Year 2006 Revenue.(Finance) C-2 Relative to the appropriation of $485,000.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account.(Finance) C-3 Dean J. Mazzarella, Mayor: Designate Richard Cuff, Margaret Stephenson and Lynn Gould, currently employed by the Leominster School Department and Elizabeth Martineau, currently employed by the Leominster Housing Authority “special municipal employees” as provided for in M.G.L., Chapter 268A, Section 20, as these individuals will be taking on positions at the Recreation Department.(Ways & Means) PETITIONS 1-06 Thomas Shea, on behalf of Margot Xarras, Philip F. Desmarais and Dave Aronson: Change the zoning district of the land located at the intersection of Jytek Drive and Central Street from Industrial to Commercial as shown on Assesssor’s Map 499 as lots 12, 21, 22 and 36.(Legal Affairs) 2-06 Richard M. Marchand: Install a “Stop sign” on Memorial Drive at the intersection of Nelson Street.(Legal Affairs) 3-06 Richard M. Marchand: Install a “Stop sign” on St. Jean Avenue at the intersection of Nelson Street.(Legal Affairs) 4-06 Albert Germano.: Grant a license to First Option Limousine Inc. located at 54 Main Street to operate two limousines within the boundaries of Leominster.(Ways & Means) APPOINTMENTS Fire Department – Firefighter – Brenda M. Greenawalt MATTERS BEFORE THE CITY COUNCIL FINANCE C-162 Relative to the appropriation of $9,400.00 to the Planning Department Expense Account; same to be transferred from the Planning Department Salary and Wages Account. C-169 Relative to the appropriation of $25,000.00 to the Police and Fire Indemnification Expense Account; same to be transferred from the Emergency Reserve Account.(Granted with an Emergency Preamble on June 27, 2005; another vote is required) C-170 Relative to the appropriation of $35,000.00 to the Economic Development Expense Account; same to be transferred from the Refuse Disposal Expense Account. (Granted with an Emergency Preamble on June 27, 2005; another vote is required) C-171 Relative to the appropriation of $10,400.00 to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund. C-172 Relative to the appropriation of $300.00 to the Cemetery Expense Account; same to be transferred from the Barnaby Flower Account. 7/11/05 LEGAL AFFAIRS 93-05 David E. Rowlands, Richard Marchand, John Dombrowski, James Lanciani, Dennis Rosa and Robert Salvatelli: 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 94-05 Leominster City Council; Claire M. Freda, Dennis A. Rosa, James Lanciani Jr., John Dombrowski, John A. Salvatelli, David E. Rowlands, Wayne A. Nickel, Richard Marchand and Robert Salvatelli: Amend the Leominster Zoning Ordinance to create an In-Law Apartment Zoning by-law. 114-05 Ronald J. Booth, An Individual Owning Land to be Affected by Change: Amend Chapter 22, Article II, Section 22-16 of the Revised Zoning Ordinances entitled “Generally Permitted Uses” by creating new subsections 16.9, 16.9.1 and 16.9.2 which will allow by Special Permit from the City Council, one undeveloped lot that has been in existence as of July 1, 2005 and not more than 40,000 square feet, be used for a service building (i.e., restaurant, bank, drug store and the like) intended to support the nearby industrial uses. 115-05 John Souza, Planning Board Chairman and Andrew Taylor, Acting Planning Director on behalf of the Leominster Planning Board: Amend the Leominster Zoning Ordinance dated July 10, 200l with amendments through December 10, 2004 for the purpose of adding the following: 16.9.2 – In a case of undeveloped lots of 1.5 acres or less in the Industrial Zone by Special Permit of the Leominster City Council a use Variance may be issued for a non-conforming business if it is determined that there is no practical industrial use for this land; the use variance must comply with the zoning requirements for BA District found in the Leominster Zoning Ordinance - Table of Uses. CITY PROPERTY 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. MATTERS BEFORE THE CITY COUNCIL, continued WAYS & MEANS 116-05 Kimberly Clemens, Record Town d/b/a/ Strawberries: Renew the second-hand dealers license for the premises locate at 55 Sack Blvd. 117-05 Leroy J. DiMauro: Renew the second-hand dealers license for the premises located at 609 Main Street. 118-05 Margaret L. Santonoceto: Renew the second-hand dealers license for the premises located at 38 Spruce Street. 119-05 Mark and Robin Ellis, Ellis Marine Supply Partnership: Renew the second-hand dealers license for the premises located at 646 Central Street. APPOINTMENTS Conservation Commission – Kelley M. Freda – term to expire April 15, 2008 OLD BUSINESS The following Petition was Granted with amendments on May 23, 2005; Reconsideration for the purposed of further amendments was given Further Time on June 27, 2005. 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.(Original Petition as submitted) 56-05 Ten Registered voted submitted by James Whitney: Amend Chapter 22, Article II, Section 22-16 of the Revised Zoning Ordinances entitled “Generally Permitted Uses” by adding new section 16.10: (1) 16.10.1– in an Industrial or Commercial district the City Council may grant a Special Permit allowing the use of an existing building for a use not otherwise permitted in the district in which the building is located. The proposed use must be one of the specific uses itemized in the Table of Uses for Business Uses contained in Article II Section 22-26 as being permitted as of right or being allowed subject to Special Permit requirement in Residence, Business, Commercial or Industrial District exclusive of Adult Entertainment uses; (2) 16.10.2 the City Council shall find that the proposed use will not be substantially more detrimental to the neighborhood than the prior use and such permits may also impose conditions, safeguards and limitations on size, time, use or such other items necessary to protect the character and integrity of the neighborhood. (3) 16.10.3 any Special Permit granted hereunder shall be exclusive to that particular use. All other proposed uses or expansions of the existing approved use must apply for a Special Permit. Condemned buildings and/or structurally unsound building may be razed and reconstructed provided all other conditions contained herein are satisfied and the size of the proposed building does not materially exceed the existing building. In granting this Special Permit the City Council must find that no reasonable industrial alternative is available to the applicant.(Petition as Granted and Amended on May 23, 2005) NEW BUSINESS 1st Reading Ordinance – Amend Chapter 22 of the Leominster Zoning Ordinance, Article II – Use Regulations, Section 22-16 - Generally Permitted uses by adding a new Sections 16.10 to allow by Special Permit of the City Council the reuse of an existing building in an Industrial or Commercial district for a use not otherwise permitted in the district in which the building is located.(Legal Affairs) TABLED PETITIONS UPON WHICH ACTION IS PROPOSED LEGAL AFFAIRS 114-04 Joseph Gentili, Capobianco & Gentili, PC on behalf of Ten Registered Voters: Amend Article I, entitled “General Regulations”, Section 22-4 of the Zoning Ordinances by deleting the definition of the term “Mixed Use Development Project (MUDP”) and replacing it with a new definition; amend Article II, entitled “Use Regulations- Industrial Districts” by deleting Section 22-24.2.5.1 in its entirety, and renumbering section 24.2.5.2 as a new section 24.2.5.1; amend Article II, Section 22-23.4 entitled “Commercial Districts”, by deleting it in its entirety; also amend Section 22-26, “Table of Uses, Mixed Use Development Project” by deleting the words “On Sites over 20 acres”. (Continuation of the Public Hearing is scheduled for July 25, 2005 at 6:45 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. Lynn A. Bouchard City Clerk July 7, 2005 |