City of Gardner
95 Pleasant Street, Gardner, MA 01440
ph: (978) 632-1900
City Council Minutes 02/22/2011-Public Hearing
Tuesday evening, February 22, 2011.  Public Hearing of the City Council held in the Council Chambers, City Hall.~ Joint Hearing of the City Council and Planning Board called to order by Council President Neil Janssens at 6:45 o’clock p.m.

Councillors Present:  President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.

Planning Board Members Present:  Allen Gross, Robert Bettez, Sr., Laura Casker, and Peter Sabettini.  

Planning Board Member Absent:  Mark Schafron.

President Janssens 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?

No one responded.

President Neil Janssens opened the Public Hearing by stating the Joint Hearing of the City Council and Planning Board was called pursuant to Section 5 of Chapter 40A of the General Laws to consider amending Zoning Ordinance SECTION 11 ADMINISTRATION, Subsection 1110 ENFORCEMENT by deleting the words “City Council” and inserting in place thereof the word “Mayor”.

He introduced Robert Hubbard, Community Development and Planning Director, who stated the amendment is recommended by the Planning Board and City Solicitor reflect uniformity in the legal process, as all municipal departments’ access to the City Solicitor is through the Mayor.

No other person came forward to testify on the amendment.

President Janssens declared the Hearing closed at 6:48 p.m.

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President Neil Janssens opened the Hearing at 6:48 p.m. stating the Joint Hearing of the City Council and Planning Board was called pursuant to Section 5 of Chapter 40A of the General Laws to consider amending Zoning Ordinance Subsection 520 GROUNDWATER PROTECTION OVERLAY DISTRICT in its entirety and by inserting new Subsection 560 SURFACE WATER PROTECTION OVERLAY DISTRICT.  

Robert Hubbard, Community Development and Planning Director, stated the amendment is recommended by the Planning Board and the Massachusetts Department of Environmental Protection (“DEP”).  The DEP desires Ordinances relating to Groundwater Protection Overlay Districts be separate and distinct from Ordinances relating to Surface Water Protection Overlay Districts (Gardner’s are combined).  He added the amendment does not increase or decrease the restrictions delineated in the current Ordinance.

Councillor Alice Anderson questioned whether any landowners would be affected by the new district boundaries.

Robert Hankinson, City Engineer, replied Water Protection Regulations do not impact residential lots, except where City sewer is absent.  He added commercial lots would be affected (e.g. manure storage).

Mr. Hubbard stated a small residential area would be impacted by the change, specifically those located in the watershed protection area.   “Existing lots are grandfathered”, he added.

On questioning, Mr. Hubbard informed the Council that the City has some measures (regulations) that are more stringent than those recommended by DEP.

No other person came forward to testify on the amendment.

President Janssens declared the Hearing closed at 6:56 p.m.


Accepted by the City Council: