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Monday evening, November 15, 2010. Regular Meeting of the City Council held in the Council Chambers, City Hall.~ Meeting called to order by Council President Pro-Tempore Alice Anderson at 7:30 o’clock p.m., who read aloud the following:
Any person may make a video or audio recording of the open session of this meeting so long as it does not interfere with the conduct of the meeting.~ All documents and exhibits used or referenced at this meeting shall be submitted in duplicate to the City Clerk, as they become part of the minutes of the meeting. Is there anyone present who will be recording this meeting?
Sam Bonacci, Reporter for The Gardner News, identified himself and announced he planned to audio record the meeting. President Pro-Tempore Alice Anderson informed the Council, where no objections were raised as to the manner and/or location of recording.
Roll call taken – Ten (10) members present, President Pro-Tempore Alice Anderson and Councillors Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr.; one (1) absent, President Neil Janssens.
The Opening Prayer was recited in unison.
The Pledge of Allegiance was recited in unison.
ACCEPTANCE OF MINUTES
On a motion by Councillor Joshua Cormier, seconded by Councillor James Robinson, it was voted on voice vote, ten (10) yeas, President Pro-Tempore Alice Anderson and Councillors Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr.; one (1) absent, President Neil Janssens, to accept the Minutes of the Regular Meeting of November 1, 2010, as written.
PUBLIC HEARINGS
#8476
President Pro-Tempore Alice Anderson opened the Public Hearing at 7:30 P.M., announcing the purpose of the hearing is as follows:
In accordance with Section 530, Development Overlay District 1, of the City of Gardner Zoning Ordinance dated February 7, 2006, the Gardner City Council will conduct a Public Hearing on Monday, November 15, 2010 at 7:30 p.m. in the Council Chambers, 2nd Floor, City Hall, 95 Pleasant Street, relative to a RESOLUTION APPROVING AN APPLICATION FROM BLACKPOINT REALTY, LLC for designation of a Development Overlay District 1 of 12 acres, more or less, at the corner of Main Street and Sherman Street as provided for in Section 530 in the City’s Zoning Ordinance. The project anticipates construction of approximately 100,000 square feet of retail space. All persons interested in this matter and desire to offer testimony are invited to attend and participate.
SPEAKING IN FAVOR: Robert Hubbard, Director, Department of Community Development and Planning.
Don Irving, President, Data Guide Corporation and Owner, Blackpoint Realty.
Mayor Mark P. Hawke
President Pro-Tempore Alice Anderson closed the Hearing at 7:40 P.M.
On a motion by Councillor Ronald Cormier, seconded by Councillor Henry Ares, it was voted on voice vote, ten (10) yeas, President Pro-Tempore Alice Anderson and Councillors Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr.; one (1) absent, President Neil Janssens, to adopt the following Resolution:
RESOLUTION
APPROVING AN APPLICATION
FROM BLACK POINT REALTY, LLC
FOR DESIGNATION OF A DEVELOPMENT OVERLAY DISTRICT I
Whereas, Black Point Realty, LLC has applied for designation of 12 acres, more or less, at the corner of Main Street and Sherman Street as a Development Overlay District I under Section 530 in the Gardner Zoning Ordinance;
Whereas, the 12 acres, more or less, is made up of portions of three contiguous parcels identified on Assessors Maps as follows:
Map Block Lot
R21 55 1
Q20 48 6
Q21 1 1
Whereas, after consultation with relevant agencies and a public hearing held on September 21, 2010, the Gardner Planning Board has determined that the entire area exhibits impacts of economic distress and voted unanimously to recommend that the City Council designate the area a Development Overlay District 1; and
Whereas, Black Point Realty, LLC is committed to invest approximately $8 million dollars, construct a retail shopping center containing approximately 100,000 square feet that will generate approximately 300 full and part time permanent jobs when the project is completed and over 100 construction jobs.
NOW THEREFORE BE IT RESOLVED by the Gardner City Council that the 12 acres, more or less, made up of portions of the parcels listed above and further identified on a plan titled “Preliminary Development Plan Proposed Mixed-Use Development in Gardner, Massachusetts for Data Guide Cable Corp. August 31, 2010” and available in the Gardner Planning Board office are hereby designated a Development Overlay District I under Section 530 in the Gardner Zoning Ordinance. This designation is subject to the following provisions:
- The project developer, successor or assignee shall pay all costs associated with the preparation of a Traffic Impact Assessment as outlined in Section 1010 in the Zoning Ordinance by professionally qualified consultants acceptable to the Planning Board. Said Impact Assessment shall propose acceptable measures to mitigate adverse impacts and the project developer, successor or assignee shall be responsible for implementing the mitigation measures approved by the Planning Board.
- The Planning Board shall impose safeguards for securing performance to complete all off-site improvements to mitigate adverse impacts.
- The developer, successor or assignee shall consider the Design Guidelines developed by the Planning Board for the proposed MGL 40R development off Route 140, including guidelines for design of surface parking and shall submit a Definitive Site Plan, including building elevations that are consistent with the Route 140 Design Guidelines or provide the Planning Board with written requests for waivers from those guidelines.
- Motor vehicle light service; motor vehicle general repairs; salesroom for motor vehicles, trailers, boats, farm implements, or machinery with repair services and storage; and motor vehicle body repair are not permitted uses in this Development Overlay District I.
- This resolution shall be recorded in the Worcester County Registry of Deeds prior to the issuance of a building permit related to the proposed retail development.
Presented to Mayor for Approval – November 16, 2010
Approved – November 17, 2010
MARK P. HAWKE, Mayor
APPOINTMENTS
#8493
On a motion by Councillor David Boudreau, seconded by Councillor Edward Gravel, it was voted on voice vote, ten (10) yeas, President Pro-Tempore Alice Anderson and Councillors Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr.; one (1) absent, President Neil Janssens, to confirm the following appointment received from the Mayor:
ROGER LeBLANC to the position of Member, Council on Aging, for term expiring September 30, 2013.
Worcester, ss. November 22, 2010
Then personally appeared ROGER LEBLANC and made oath that he would faithfully and impartially perform the duties of Member, Council on Aging according to law and the best of his abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
#8494
On a motion by Councillor James Minns, seconded by Councillor Henry Ares, it was voted on voice vote, ten (10) yeas, President Pro-Tempore Alice Anderson and Councillors Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr.; one (1) absent, President Neil Janssens, to confirm the following appointment received from the Mayor:
JENNIFER ROBUCCIO to the position of Full-time Dispatcher.
Worcester, ss. November 24, 2010
Then personally appeared JENNIFER ROBUCCIO and made oath that she would faithfully and impartially perform the duties of Dispatcher according to law and the best of her abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
#8495
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, it was voted on roll call, ten (10) yeas, President Pro-Tempore Alice Anderson and Councillors Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr.; one (1) absent, President Neil Janssens, to adopt the following Resolution:
RESOLUTION
APPROVING THE CITY OF GARDNER
URBAN RENEWAL PLAN
WHEREAS, the City of Gardner has been investigating the use of urban renewal to revitalize its downtown, the former Nichols and Stone manufacturing area, and connecting areas that have suffered from plant closures; lack of investment; and foreclosures exacerbated by the recessionary economy;
WHEREAS, the City of Gardner has undertaken a multi-phase planning process with public informational meetings and a business survey, providing citizens and property owners an opportunity to comment since November 2005;
WHEREAS, a draft Urban Renewal Plan was presented to the City Council at joint meeting with the Gardner Redevelopment Authority on November 16, 2009;
WHEREAS, the City Council supported the goals and objects of the draft Urban Renewal Plan and approved the boundaries of the Urban Renewal Area contained in the draft Urban Renewal Plan;
WHEREAS, the Urban Renewal Plan dated October 2010 was approved by the Gardner Redevelopment Authority on October 26, 2010;
WHEREAS, the Gardner Planning Board determined the Urban Renewal Plan is based on a local survey and is consistent with Gardner’s Community Development Plans, and approved said Urban Renewal Plan on November 9, 2010; and
WHEREAS, the City Council seeks to further the goals and objectives contained in the Urban Renewal Plan dated October 2010 to promote revitalization opportunities within the Urban Renewal Area as defined in the October 2010 plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gardner
- Finds that there is a clear need and necessity for an urban renewal plan for Gardner;
- Approves the boundaries of the Gardner Urban Renewal Plan, as depicted in the map, titled Map 12.02 (1) (A-1): Project Boundary & Topography, attached hereto;
- Finds that the area contained within the Gardner Urban Renewal Plan Project Boundary is decadent as defined by M.G.L. c. 121B, and is in need of revitalization and redevelopment;
- Approves the Urban Renewal Plan dated October 2010, prepared by BSC Group and McCabe Enterprises; and
- Authorizes Mayor Mark Hawke to submit the Urban Renewal Plan dated October 2010 to the Department of Housing and Community Development for final approval.
Presented to Mayor for Approval – November 16, 2010
Approved – November 17, 2010
MARK P. HAWKE, Mayor
#8496
On a motion by Councillor Ronald Cormier, seconded by Councillor David Boudreau, it was voted on voice vote, ten (10) yeas, President Pro-Tempore Alice Anderson and Councillors Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr.; one (1) absent, President Neil Janssens to Order to Public Hearing the request of the Planning Board to Accept as Public Ways portions of Brookside Drive and Laitinen Drive. The Council President will set a hearing date and time.
#8497
On a motion by Councillor Ronald Cormier, seconded by Councillor James Robinson, it was voted on voice vote, ten (10) yeas, President Pro-Tempore Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr.; one (1) absent, President Neil Janssens to adopt the following:
ConveyING 3.497 acres OF LAND on State Highway, Route #2
to the Greater Gardner Industrial Foundation
To authorize the Mayor to convey to the Greater Gardner Industrial Foundation, a certain parcel of land under the control and administration of the Gardner Conservation Commission, said parcel described as 3.497 acres on State Highway, Route #2, and more particularly described in a PLAN OF LAND TO BE CONVEYED BY THE CITY OF GARDNER (Owner: Book 28116, Page 331), Gardner, MA, dated July 20, 2009, prepared by Szoc Surveyors. Said parcel further described in a Deed dated November 18, 2002 to the Inhabitants of the City of Gardner in Book 28116, page 331. Said parcel to be conveyed in accordance with the terms and conditions delineated under Sections 2 and 3 of Chapter 214 of the Acts of 2010.
Presented to Mayor for Approval – November 16, 2010
Approved – November 17, 2010
MARK P. HAWKE, Mayor
#8498
On a motion by Councillor Ronald Cormier, seconded by Councillor James Robinson, on recommendation of the Finance Committee, it was voted on voice vote, nine (9) yeas, President Pro-Tempore Alice Anderson and Councillors Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr.; one (1) nay, Councillor Scott Graves; one (1) absent, President Neil Janssens to amend Rule No. 14, Section 10 to add “Matters for Reconsideration” to “Unfinished Business” as a standing item on Regular Meeting Calendars.
REPORTS OF STANDING COMITTEES
COUNCIL AS COMMITTEE OF THE WHOLE
#8483
There was no objection to granting more time to report on a request from Mount Wachusett Community College relative to Interest in Vacant Municipal Land off Green Street (Referred 10/18/2010).
NEW BUSINESS
VETERANS DAY OBSERVANCE
Councillor Henry Ares informed the Council he attended the Veterans Day Observance on November 11th at Gardner High School, adding attendance reflected “fine support from the community”. Councillor Joshua Cormier stated he too attended the Ceremony and was touched by State Representative Robert Rice’s comments. Councillor Ronald Cormier, who also attended the ceremony, commented on the “spirit” of the observance.
WINTER PARKING BAN
Councillor Joshua Cormier reminded everyone the winter overnight parking ban is now in effect.
GARDNER MUSEUM’S “FESTIVAL OF TREES”
Councillor Ronald Cormier reminded the Councillors that the “Festival of Trees” is underway at The Gardner Museum.
ADJOURNMENT
On a motion by Councillor Joshua Cormier, seconded by Councillor David Boudreau, it was voted on voice vote,
ten (10) yeas, President Pro-Tempore Alice Anderson and Councillors Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr.; one (1) absent, President Neil Janssens to adjourn at 7:52 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council:
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