| 6:15 P.M. – Legal Affairs Committee Meeting CITY OF LEOMINSTER CITY COUNCIL JULY 25, 2005 HEARING BEFORE THE CITY COUNCIL, 6:45 P.M. (Continued from June 7, 2004) 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”. HEARING BEFORE THE CITY COUNCIL, 7:00 P.M. 108-05 Gregg Lisciotti, Manager, Pioneer Park, LLC: Rezone approximately 3.86 acres of land in Pioneer Park from Rural Residence to Industrial. HEARING BEFORE THE CITY COUNCIL, 7:30 P.M. 107-05 William L. Dinardo: Rezone 236 Lancaster Street to 270 Lancaster Street, shown on Assessors Map 177 as lots 10, 10a, 15a and 13 from Business A to Commercial.(Legal Affairs) PUBLIC FORUM, 7:45 P.M. REGULAR MEETING OF THE CITY COUNCIL, 8:00 P.M. ROLL CALL COMMUNICATIONS C-8 Dean J. Mazzarella, Mayor: Appropriate and authorize the Treasurer with the approval of the Mayor to borrow the sum of $340,000.00 for the purpose of purchasing for conservation and passive recreation purposes, by eminent domain or negotiated purchase or otherwise, a certain property together with buildings thereon, known as “land of Bruce Barnes” located on Jungle Road, Shown on Leominster’s Assessors Map 305, Parcels 9 and 10, containing 16.5 acres; that said land be conveyed to the City of Leominster under the provisions of Massachusetts General Law, Chapter 40, Section 8C, as amended and other Massachusetts General Laws relating to conservation, to be managed and controlled by the Leominster Conservation Commission and the Conservation Commission be authorized to apply for any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Self-Help Act (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article, and the City of Leominster and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the City of Leominster to affect said purchase. (Finance) C-9 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional license for the sale of alcoholic beverages.(Legal Affairs) C-10 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional license for the sale of alcoholic beverages.(Legal Affairs) C-11 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional license for the sale of alcoholic beverages.(Legal Affairs) C-12 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional license for the sale of alcoholic beverages.(Legal Affairs) C-13 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional license for the sale of alcoholic beverages.(Legal Affairs) 7/25/05 PETITIONS 5-06 Shannon and Michael Melanson: Grant a Special Permit to construct a second story on an existing dwelling at 908 Union Street, as shown on Assessors Map 396 as lot 17 located in a rural residential zone in the Flood Plain.(Legal Affairs) 6-06 David Rowlands: Place additional “stop” signs at the intersection of Norwood Avenue and King Avenue to create a 4-way stop sign intersection.(Legal Affairs) 7-06 Michael B. Cooley: Allow a banner to be placed on the granite posts located on the Mechanic Street Connector Road advertising a fundraiser and raffle for the Veterans Monument Project being held on September 11, 2005. (City Property) 8-06 David K. Backus for the Friends of Sholan Farms: Grant permission to display A-Frame Signs on the median strips at the Leominster Connector/Mechanic Street, Monument Square, Route 12 and Litchfield Street, Route 12 and Hamilton Street and Route 13 and Hamilton Street from August 15, thru November 7th 2005 promoting the U-Pick Operation and from April 15th thru May 15th 2006 promoting the Apple Blossom Festival, as well as other festivals related to the farm.(City Property) 9-06 David K. Backus for the Friends of Sholan Farms: Grant permission to place a banner between the granite pillars on the Leominster Connector from April 15th 2006 thru May 15th 2006, promoting the Apple Blossom Festival and any other festivals related to the farm.(City Property) MATTERS BEFORE THE CITY COUNCIL FINANCE 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. 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. C-4 Relative to the appropriation of $175,000.00 to the Police Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. C-5 Relative to the appropriation of $275,000.00 to the Fiscal Year 2006 Police Salary and Wages Account; same to be raised by Fiscal Year 2006 Revenue. C-6 Relative to the appropriation of $14,000.00 to the Police Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. C-7 Relative to the appropriation of $25,000.00 to the Fiscal Year 2006 Police Salary and Wages Account; same to be raised by Fiscal Year 2006 Revenue. 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”. 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 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 Assessor’s Map 499 as lots 12, 21, 22 and 36.(A hearing is scheduled for August 22, 2005 at 7:30 P.M.) 2-06 Richard M. Marchand: Install a “Stop sign” on Memorial Drive at the intersection of Nelson Street. 3-06 Richard M. Marchand: Install a “Stop sign” on St. Jean Avenue at the intersection of Nelson Street. 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. WAYS & MEANS 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) 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. APPOINTMENTS Fire Department – Firefighter – Brenda M. Greenawalt NEW BUSINESS 2nd 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 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. 95-05 Mark Brideau, President Brideau Oil and Ten Registered Voters: Amend Chapter 22, Section 22 – 26 of the revised ordinances entitled “Table of Uses” by inserting the following under “Industrial uses” Storage and Distribution of RRA RAA RB RC BA BB C I Home Heating Fuels N N N N N N N Y 107-05 William L. Dinardo: Rezone 236 Lancaster Street to 270 Lancaster Street, shown on Assessors Map 177 as lots 10, 10a, 15a and 13 from Business A to Commercial. 108-05 Gregg Lisciotti, Manager, Pioneer Park, LLC: Rezone approximately 3.86 acres of land in Pioneer Park from Rural Residence to Industrial. Lynn A. Bouchard |