| 6:00 P.M. Informational Meeting: with Mayor Mazzarella RE: Powers Land Immediately following Hearings: Interviews with Prospective Police Officers CITY OF LEOMINSTER CITY COUNCIL JUNE 27, 2005 HEARING BEFORE THE CITY COUNCIL, 6:15 P.M. C-156 Relative to the appropriation of $82,750,000.00 to the Fiscal Year 2006 Budget; same to be raised by Fiscal Year 2006 Revenue.(Finance) C-157 Relative to the appropriation of $2,520,000.00 to the Fiscal Year 2006 Sewer Department Budget; same to be raised by Fiscal Year 2006 Sewer Department Estimated Receipts as authorized by Chapter 44, Section 53W of the Massachusetts General Laws.(Finance) C-158 Relative to the appropriation of $3,400,000.00 to the Fiscal Year 2006 Water Department Budget; same to be raised by Fiscal Year 2006 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws.(Finance) HEARING BEFORE THE CITY COUNCIL, 6:30 P.M. 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.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 6:45 P.M. 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 (Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:00 P.M. 96-05 Joseph D. Spound, Trustee Orangewood Crawford Trust: Amend the Leominster Zoning Map to restore the Industrial zoning district to the entire property identified as Assessors’ Map 227, Lot 5A, located at 111 Crawford Street; land is currently zoned partially Industrial and partially Residence B.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:15 P.M. 97-05 Patrick LaPointe, City of Leominster/DPW: Grant a Special Permit to install a new sewer line from Granite Street to the beginning of West Street, located within the flood plain.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:30 P.M. 98-05 Steven J. Landry, Maguire Group Inc.: Grant a Special Permit to install approximately 1,900 linear feet of new 18 inch gravity sanitary sewer in a portion of the Mall at Whitney Field shown on Assessor’s Map 567 as lots 12 & 24, located in a flood plain.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:40 P.M. 104-05 Massachusetts Electric Company and Verizon New England Inc.: Walnut Street; install one jointly owned pole on Walnut Street beginning at a point approximately 81 feet west of the centerline of the intersection of Winter Street and continuing approximately 17 feet in an easterly direction. (Public Service) PUBLIC FORUM, 7:45 P.M. REGULAR MEETING OF THE CITY COUNCIL, 8:00 P.M. ROLL CALL COMMUNICATIONS EMERGENCY PREAMBLE 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.(Finance) EMERGENCY PREAMBLE 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.(Finance) COMMUNICATIONS, continued 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.(Finance) C-172 Relative to the appropriation of $300.00 to the Cemetery Expense Account; same to be transferred from the Barnaby Flower Account.(Finance) PETITIONS 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.(Legal Affairs) 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.(Legal Affairs) 116-05 Kimberly Clemens, Record Town d/b/a/ Strawberries: Renew the second-hand dealers license for the premises locate at 55 Sack Blvd.(Ways & Means) 117-05 Leroy J. DiMauro: Renew the second-hand dealers license for the premises located at 609 Main Street.(Ways & Means) 118-05 Margaret L. Santonoceto: Renew the second-hand dealers license for the premises located at 38 Spruce Street.(Ways & Means) 119-05 Mark and Robin Ellis, Ellis Marine Supply Partnership: Renew the second-hand dealers license for the premises located at 646 Central Street.(Ways & Means) 6/27/05 APPOINTMENTS Conservation Commission – Kelly M. Freda – term to expire April 15, 2008 MATTERS BEFORE THE CITY COUNCIL FINANCE C-156 Relative to the appropriation of $82,750,000.00 to the Fiscal Year 2006 Budget; same to be raised by Fiscal Year 2006 Revenue. C-157 Relative to the appropriation of $2,520,000.00 to the Fiscal Year 2006 Sewer Department Budget; same to be raised by Fiscal Year 2006 Sewer Department Estimated Receipts as authorized by Chapter 44, Section 53W of the Massachusetts General Laws. C-158 Relative to the appropriation of $3,400,000.00 to the Fiscal Year 2006 Water Department Budget; same to be raised by Fiscal Year 2006 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. C-159 Relative to the appropriation of $19,500.00 to the Building Inspector Expense Account; same to be transferred from the Refuse Disposal Expense Account.(Finance) C-160 Relative to the appropriation of $1,250.00 to the Municipal Building Expense Account; same to be transferred from the Interest on Loans Expense Account. C-161 Relative to the appropriation of $14,854.00 to the Police Department Expense Account; same to be transferred from the Police Department Salary and Wages Account. 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-163 Relative to the appropriation of $100,000.00 to the Fiscal Year 2006 Workers Compensation Loss Fund Expense Account; $10,000.00 to be transferred from the FY 2001 Unexpended Workers Compensation Loss Fund Expense Account, $16,000.00 to be transferred from the FY 2002 Unexpended Workers Compensation Loss Fund Expense Account and $74,000.00 to be transferred from the FY 2003 Unexpended Workers Compensation Loss Fund Expense Account.(Finance) 6/27/05 C-164 Relative to the appropriation of $38,000.00 to the Medicare Insurance Expense Account; same to be transferred from the Interest on Loans Expense Account. C-165 Relative to the appropriation of $50,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account.(Granted with an Emergency Preamble on June 13, 2005; another vote is required) C-166 Dean J. Mazzarella, Mayor: Establish a Police Department K-9 Unit Donation Account as authorized by Chapter 44, Section 53A of the Massachusetts General Laws. C-168 Relative to the appropriation of $2,250.00 to the City Council Expense Account; same to be transferred from the Excess and Deficiency Account. PUBLIC SERVICE 104-05 Massachusetts Electric Company and Verizon New England Inc.: Walnut Street; install one jointly owned pole on Walnut Street beginning at a point approximately 81 feet west of the centerline of the intersection of Winter Street and continuing approximately 17 feet in an easterly direction. (Public Service) 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. 6/27/05 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 97-05 Patrick LaPointe, City of Leominster/DPW: Grant a Special Permit to install a new sewer line from Granite Street to the beginning of West Street, located within the flood plain. 98-05 Steven J. Landry, Maguire Group Inc.: Grant a Special Permit to install approximately 1,900 linear feet of new 18 inch gravity sanitary sewer in a portion of the Mall at Whitney Field shown on Assessor’s Map 567 as lots 12 & 24, located in a flood plain. 101-05 John Dombrowski: Adopt an ordinance requiring the payment of Development Impact/Linkage Fees for commercial and residential development within the City of Leominster. 105-05 Neil S. Axelrod: Amend Chapter 13, Section 13-24.5(e) to reflect a tow zone from 9:00 P.M. to 6:00 A.M on the west side of Main Street for 120 feet in a southerly direction between Ferdinand Passway and Chase Avenue. 106-05 David Rowlands: Request that the City Council adopt M.G.L. Chapter 44, Section 53G relative to the employment of consultants. 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.(A hearing is scheduled for July 25, 2005 at 7:30 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. PUBLIC SAFETY 109-05 Richard M. Marchand: Request the Mayor provide the necessary funding for the installation of continuous sidewalks on the even numbered side of Washington Street, beginning at the intersection of Merriam Avenue and Washington Street to the area of North Main Street and Washington Square, including Stearns Avenue to Northwest School on the left side of said street to the intersection of Blossom Street and Stearns Avenue. 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 16. C-167 Dean J. Mazzarella, Mayor: Request the donation of the City Wide City Pride post clock located at Monument Square be officially accepted by the city. 102-05 Michael Hume: Request the City Council ratify and confirm its vote taken on or about September 1, 1972 authorizing the City of Leominster to enter into a 99 year lease with the Leominster Pop Warner Football League Inc. 110-05 Kim Tocci, Wallace Figure Skating Club: Allow signs to be posted advertising fall registration on the islands at the traffic lights on Mill Street, Mechanic Street, Hamilton Street, and Merriam Avenue from August 19, 2005 to September 2, 2005. 111-05 Richard M. Marchand: Request the Mayor enter into negotiations and purchase the Carter High School Building due to the breach in the request for proposal and the lack of maintenance which has caused a serious public safety issue for the City of Leominster. WAYS & MEANS 103-05 Casey Corporation d/b/a/ Chris’ Twins Café: Renew the license for three pool tables at 488 Lancaster Street. 06/27/05 MATTERS BEFORE THE CITY COUNCIL, continued WAYS & MEANS, continued 112-05 Mark Gordon, Gordon LaSalle Music, Inc.: Renew the second-hand dealer’s license for the premises located at Twin City Plaza. 113-05 Fred R. Tousignant: Renew the second-hand dealer’s license for the premises located at 92 Pleasant Street. APPOINTMENTS Police Department- Officers – Thomas Amato, John Fraher Election Officers – 2005-2006 OLD BUSINESS The following Petition was Granted with amendments on May 23, 2005; further amendments are proposed. 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 NEW BUSINESS TABLED PETITION UPON WHICH ACTION IS PROPOSED 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.(Legal Affairs) 96-05 Joseph D. Spound, Trustee Orangewood Crawford Trust: Amend the Leominster Zoning Map to restore the Industrial zoning district to the entire property identified as Assessors’ Map 227, Lot 5A, located at 111 Crawford Street; land is currently zoned partially Industrial and partially Residence B. Lynn A. Bouchard City Clerk June 23, 2005 |