Tuesday evening, February 22, 2011. Regular Meeting of the City Council held in the Council Chambers, City Hall.~ Meeting called to order by President Neil Janssens at 7:30 o’clock p.m.
Roll call taken – Eleven (11) members 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.
The Opening Prayer was recited in unison.
The Pledge of Allegiance was recited in unison.
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?
Sam Bonacci, Reporter for The Gardner News, announced plans to audio record the meeting. President Janssens informed the Council, where no objections were raised as to the manner and/or location of recording.
ACCEPTANCE OF MINUTES
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, on recommendation of the Finance Committee, it was voted on voice vote, eleven (11) yeas, 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. to accept the Minutes of the Regular Meeting and Public Hearing of February 7, 2011, as written.
STATE OF THE CITY ADDRESS BY MAYOR MARK P. HAWKE
Thank you President Janssens and thank you for your continued leadership of the Council.
I’d also like to thank all of the Councilors for their work and dedication to the City. These past few years have not been the easiest of times for the City, but working together we have persevered.
In order to continue moving forward I feel that it is important to pause and reflect on where we’ve been and some of our accomplishments over the past year.
In keeping our collective oaths to the citizens of Gardner to be as prudent as possible with their tax dollars, we have been successful in acquiring funding to pursue the development of a wind turbine at the Summit Industrial Park.
This turbine would be capable of producing approximately 120% - 140% of the City’s collective annual energy consumption creating a savings of more than $600,000.
Keeping with the Green initiatives of the City, Gardner was recently named one of the Commonwealth’s Green Communities. Along with this designation comes grant funds which will be used to install new energy efficient boilers at the Senior Center and High School as well as retro-commissioning of the Senior Center, and adding supplementary insulation to the Senior Center and City Hall among other initiatives. These green initiatives will help us save money!
Through the efforts of our Economic Development Coordinator and Community Development Director we were successful in securing state funding to assist with the redevelopment of a former vacant warehouse on Main Street into what is developing into a beautiful addition to one of Gardner’s Gateway.
This new professional building will bring jobs and an expanded tax base while beautifying an entry point to the City.
The City’s Urban Renewal Plan was recently concluded after approximately five years of work.
This Plan is not a cure all. It may not reap benefits tomorrow or even next year, but it is a plan for Gardner’s future, it is a plan for the next generation. It is a piece of the puzzle.
In continuing our efforts to open up government to our constituents, the City was once again the recipient of the E-Government Award with Distinction for our efforts in posting all available information and forms on the City’s website.
In 2010 the City’s bond rating was improved from a Baa1 status, jumping three ranks, to an A1 status.
This is due in no small part to our continued fiscal prudence and a continued focus on providing an efficient and streamlined government.
Working in concert with Federal agencies we have demolished the former Country Home Furnishings building which sat precariously vacant and abandoned in a residential neighborhood.
Also, further demolition and remediation has taken place at the former S. Bent factory complex in South Gardner with more work to continue this year.
In conjunction with the S. Bent project the City has acquired ownership of the former Garbose property. Utilizing a $1 million Revolving Loan Fund grant award, and working in conjunction with the Gardner Redevelopment Authority, we will be able to remediate this property and return it to the tax rolls.
In a continued effort to make Gardner as attractive as possible to industry, this past year we advanced our Mass Bio rating from Bronze to Gold. We have our sights set on the highest rating of Platinum and I am hopeful we will reach that plateau this year.
By working smarter and challenging the way “we have always done things”, we have been able to incrementally restore school bussing. You will recall that school bussing was a casualty of budget cuts and was reduced to the state mandated K-6 allowance. This current school year we are bussing students through grade 9. I am hopeful that within the very near future we will be able to restore bussing for all grades. It is my belief that this is a safety issue and a quality of life issue.
These next two items I am perhaps most proud of.
Working together to hold the line on spending, while still offering the citizens of Gardner the services they expect and deserve from their local government, we have topped the $1 million mark in our stabilization fund. This will further impress the bond raters and is an accomplishment we should all relish.
Perhaps the highpoint of 2010 were the various festivities surrounding the City’s 225th Anniversary. From the cemetery re-enactments, which included Councilor Gerry, the Fire Chief, and myself among numerous others, to the Fireworks display to the Fireman’s Muster to a magnificent parade and everything in between. It was numerous weekends of immense civic pride and truly showcased Gardner in the best possible light.
I cannot stress enough that all of the accomplishments that I have mentioned plus many others were realized in one of the worst economies in over a generation.
We are once again being challenged this year. While the economy is starting to rebound, the funds we receive from the state in order to perform mandated services is once again on the chopping block. Since taking office in 2008, Gardner’s local aid from the state has been reduced by approximately $2 million.
If the Governor’s number’s hold true, the City will be receiving less city-side local aid in FY 2012 than we did in FY 1999.
In a few months I will be submitting to you my FY 2012 budget. Through collaboration with the 7 city-side unions over the past several years we have been able to weather the fiscal storm to date. It is my sincerest hope that this collaborative relationship will be able to continue as we enter negotiations once again.
Change is not always welcome or easy, but it is necessary to survive.
Over the course of the past 5 fiscal years, municipal health insurance costs have increased by almost 75% or $3 million. This rapid rate of growth far outpaces allowable property tax increases which is limited to an aggregate of 2 ½%.
This is why municipal leaders across the state are crying out to end the outdated practice of collectively bargaining Health Insurance Plan Design. This so-called Plan Design Authority will only temper the out of control growth in Health Insurance. Plan Design Authority will remove the union veto power and allow us to offer quality and economical Health Insurance Plans to our employees. Health Insurance should not be a bargaining chip. Health Insurance veto power was never collectively bargained for by unions, but rather was mandated by the legislature.
Our efforts to control health insurance costs with the filing of a home rule petition seeking Plan Design Authority was emulated by numerous communities across the state. Last week at a meeting in Salem, MA the Governor told the assembled Mayor’s that we were right and his filing of a bill to allow Plan Design Authority for municipalities was proof that municipal leader’s cries were heard.
This same group of Mayors will be meeting with Speaker DeLeo in 3 weeks to discuss this very same topic. The Speaker is also now in favor of some sort of Plan Design Authority legislation.
This year we will move aggressively forward along the path to a new Police Station. The current police station is inadequate, unsafe, and past it useful life.
After spending a considerable amount of time at our current station, learning what it is the officer’s deal with on a daily basis and touring numerous other facilities within the region, I consider it a grave injustice to ask our public safety employees to put themselves in harm’s way by simply reporting to work.
Their jobs are difficult enough without having to work in substandard conditions.
Some may ask why we are not pursuing a combined public safety building as some other communities have. Simply stated, the Fire Department building is in decent shape and adequate for the City’s purposes. We’ve replaced the windows and we are fixing the roof. If the Fire Department expands, it would be wiser to open a substation in another part of the City.
We are now engaging professionals to assist us with the next steps. Some of these steps will include the distribution of information regarding the inadequacies of the current station, the benefits of a new station and asking residents to tour the current station so they can see for themselves the shortcomings of the facility.
We will also be continuing our efforts to be recognized as a Gateway City. We meet all of the arbitrary criteria of Gateway Cities, except for population. This is an illogical criteria and level assigned by a bureaucrat in an office in Boston. We are currently being shut out of funding streams, meetings and discussions because we do not meet this one ludicrous criterion.
Gateway Cities were originally defined as being the historical urban centers that have a rich manufacturing history and are now saddled with vacant mill buildings.
Gardner is the definition of a Gateway City and we will keep fighting to make ourselves heard on this matter.
I should mention that our efforts are bearing fruit in that we have achieved a label of “middle tier” community and “Gateway Plus”. However, this is an example of one arm of government not knowing what the other is up to. Gardner is not a second class community and we deserve the same funding opportunities and seat at the table that similar communities have.
In 2012 I am confident that we will see a permanent re-opening of the Gardner Heritage State Park Visitors Center. This facility, closed since 2002 offers guests a glimpse at what made Gardner great and is a tragedy that we have had to endure this building be shuttered for so long.
After less than two weeks on the job, the newly installed Commissioner of the Department of Conservation and Recreation, Ed Lambert, visited Gardner. We met at the Visitors Center and discussed a roadmap to re-opening. It was a productive meeting that was facilitated in no small part by Energy and Environmental Affairs Secretary Rick Sullivan and Lt. Governor Tim Murray.
It should also be noted that Secretary Sullivan, Lt. Governor Murray and Commissioner Lambert are all former Mayors and lend a sympathetic and empathetic ear to our cause.
Recently, the City was the recipient of some good news from the state in that we will be receiving grant funding to assist with the roof replacement on three of the City’s schools. This is work that is desperately needed and would have had to have been done regardless of the grant funding. While the grant funding will only cover a portion of the cost, this project demonstrates the City’s commitment to the schools and the children of Gardner.
It’s clear that I am proud of the accomplishments we have been able to achieve in notoriously treacherous times and it is equally clear that I am enthusiastic about the future of Gardner.
We are tackling the difficult situations head-on and dealing with our problems now.
We are building and planning, as I stated earlier, not for tomorrow, not for next year, but for the next generation.
I thank you all for your continued efforts in moving Gardner, the place we all call home, forward in a positive direction, by working together.
ORDERS
#8535
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, on favorable recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, 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. to pass the following Order:
AN ORDER TRANSFERRING A SUM OF MONEY FROM MAYOR’S UNCLASSIFIED, TERMINATION LEAVE RESERVE TO LIBRARY, TERMINATION LEAVE.
ORDERED: That there be and is hereby transferred the sum of Seven Thousand Twenty Three Dollars and No Cents ($7,023.00) from Mayor’s Unclassified, Termination Leave Reserve to Library, Termination Leave.
#8536
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, on favorable recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, 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. to pass the following Order:
AN ORDER APPROPRIATING A SUM OF MONEY FROM RESERVE FOR OVERLAY RELEASED BY ASSESSOR’S TO ASSESSOR’S DEPARTMENT, VALUATION UPDATE.
ORDERED: That there be and is hereby appropriated the sum of Thirty Five Thousand Two Hundred Thirty Dollars and Seven Cents ($35,230.07) from Reserve for Overlay Released by Assessor’s to Assessor’s Department, Valuation Update.
#8537
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, on favorable recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, 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. to pass the following Order:
AN ORDER APPROPRIATING A SUM OF MONEY FROM FREE CASH TO ASSESSOR’S DEPARTMENT, VALUATION UPDATE.
ORDERED: That there be and is hereby appropriated the sum of Eighty Two Thousand Dollars and No Cents ($82,000.00) from Free Cash to Assessor’s Department, Valuation Update.
PETITIONS, APPLICATIONS, REMONSTRANCES, ETC.
#8538
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, it was voted on voice vote, eleven (11) yeas, 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. to direct the President to schedule a meeting of the Council as Committee of the Whole with Mount Wachusett Community College President Dr. Daniel Asquino to discuss the College Foundation’s interest in acquiring a parcel of City-owned land along Green Street for student housing.
President Janssens announced the meeting is scheduled for Monday, April 4, 2011 at 6:30 p.m. in the City Council Chambers.
#8539
Councillor Ronald Cormier moved to direct the President to schedule a public hearing on the Petition of National Grid and Verizon New England, Inc. for a Joint Pole Location on Newton Street at High Street.
Councillor James Robinson seconded the motion.
Councillor David Boudreau objected to scheduling a hearing until National Grid and other utilities address broken and double utility poles throughout the City. Efforts made by the Service Committee have fallen on deaf ears, he said.
Councillor James Robinson agreed with Councillor Boudreau concerning National Grid and Verizon New England’s lack of response to broken poles; however, the proposed pole on Newton Street is a serious safety concern; therefore, should not be held up because of broken poles.
Councillor James Minns added delaying approval of new pole locations would put pressure on National Grid [to deal with broken poles].
Councillor Joshua Cormier suggested the Service Committee invite the utilities to attend a meeting with them prior to the scheduled pole hearing.
On voice vote, nine (9) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, and James Robinson, Jr.; two (2) nays, Councillors David Boudreau and James Minns, the motion passed.
REPORTS OF STANDING COMITTEES
PUBLIC SAFETY COMMITTEE
#8520
Leading to a motion, Councillor Joshua Cormier, Chairman of the Public Safety Committee, stated his Committee is working with the City Solicitor to draft an ordinance that would eliminate the need to amend Ordinance No. 54 each time changes are made to the State Building Code and associated Tables.
On a motion by Councillor Joshua Cormier, seconded by Councillor James Robinson, it was voted on voice vote,
eleven (11) yeas, 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. to pass the following:
AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING FEES FOR BUILDING PERMITS AND INSPECTION OF ELEVATORS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Establishing Fees for Building Permits and Inspections of Elevators” (Compilation of Ordinance No. 54) and amended several times thereafter, be amended by deleting Table 106 and applicable notes in their entirety and inserting Table 110 and applicable notes in place thereof as follows:
Use Group |
Use Group |
Use Group Description |
Minimum Inspections |
Maximum Certification Period |
Fee per Certification Period |
~ |
Movie theaters or theaters with |
Over 400 capacity |
Semi-Annual |
One Year |
$ 125.00 |
A-1 |
stage and scenery |
400 or less capacity |
Semi-Annual |
One Year |
$ 80.00 |
~ |
Restaurants, night clubs, bars, |
Over 400 capacity |
Semi-Annual1 |
One Year |
$ 125.00 |
A-2 |
banquet halls, or similar uses |
400 or less capacity |
Annual1 |
One Year |
$ 80.00 |
~ |
Lecture halls, churches, places of |
~ |
~ |
~ |
~ |
~ |
religious worship, recreation |
Over 400 capacity |
Semi-Annual |
One Year |
$ 125.00 |
A-3 |
centers, terminals, etc. |
400 or less capacity |
Annual |
One Year |
$ 80.00 |
A-4 |
Low density recreation and similar uses |
~ |
Prior to issuance of each new certificate |
Five Years |
$ 80.00 |
A |
Special amusement buildings or portions thereof |
~ |
Prior to issuance of each new certificate |
One Year |
$ 80.00 |
E |
Educational and certain daycare facilities |
~ |
Prior to issuance of each new certificate |
One Year |
$ 80.00 |
I-1 |
Group home, assisted living, etc. (greater than 16 residents) |
~ |
Prior to issuance of each new certificate |
One Year |
$80 plus $2/bedroom |
~ |
Residents incapable of self-preservation- hospitals, nursing |
~ |
Prior to issuance of |
~ |
~ |
I-2 |
homes, mental hospitals, certain day care facilities |
~ |
each new certificate |
Two Years3 |
Note a |
I-3 |
Residents restrained- prisons, jails, detention centers, etc. |
~ |
Prior to issuance of each new certificate |
Two Years |
note a |
I-4 |
Adult and/or child day care facilities |
~ |
Prior to issuance of each new certificate |
One Year |
$ 80.00 |
R-1 |
Hotels, motels, boarding houses, etc; AND R-2 Dormitories |
~ |
Prior to issuance of each new certificate |
One Year |
$80 plus $2/bedroom |
R-1 |
Detoxification facilities |
~ |
Prior to issuance of each new certificate |
Two Years |
$ 125.00 |
R-22 |
Multi-Family (3 or more dwelling units) |
~ |
Prior to issuance of each new certificate |
Five Years |
$80 plus $5/dwelling unit |
R-2 |
Summer camps for children |
~ |
Annual |
One Year |
note b |
R-4 |
Residential care/assisted living facilities (6-16 residents) |
~ |
Annual |
One Year |
$ 80.00 |
~ |
Facilities licensed by the Alcohol Beverage Control Commission where alcoholic |
Annual |
One Year (per |
See A-2 |
Any |
beverages are served and consumed |
~ |
(per MGL c. 10 § 74) |
MGL c. 10 § 74) |
above |
Any |
House museums (see 780 CMR chapter 34 for definition) |
~ |
Annual |
One Year |
$ 80.00 |
Any |
Fire Escapes, etc. per 780 CMR chapter 10 |
~ |
Five Years |
Five Years |
note c |
Notes applicable to Table 110:
General note: It is the responsibility of building “owner”, as defined in 780 CMR Chapter 2, to meet the inspection requirements in this table for continued use and occupancy. The maximum certification period specified in the table is intended to provide administrative flexibility. For uses allowing more than one year maximum certification period, the building official may determine the certificate validity term. For example, an R-2 building could be certified for one, two, three, four, or five years.
- When appropriate for A-2 uses, the inspection for the Certificate of Inspection should include and be timed to satisfy the requirements of M.G.L. c. 10, § 74.
- Building inspections in this use group may be performed by a qualified third party acceptable to the building official that includes but is not limited to: registered design professional or individuals with qualifications comparable to a building official as per section 103.
- One year for facilities licensed or operated by DMH (Department of Mental Health)
- For all buildings or structures, or parts thereof, in the I-2 or I-3 use group, the fee to be charged for the maximum certification period of two years is $150 for each structure containing up to 100 beds, plus a $4 charge for each additional ten beds or fraction thereof.
- Summer Camps for children in use group R-2 shall be inspected and certified annually prior to the beginning of each season. The annual fee shall be $80 plus $30 per assembly building or use.
- 780 CMR 1001.3.2 Testing and Certification. All exterior bridges, steel or wooden stairways, fire escapes and egress balconies shall be examined and/or tested, and certified for structural adequacy and safety every five years, by a registered design professional, or others qualified and acceptable to the building official; said professional or others shall then submit an affidavit to the building official.
In City Council – January 3, 2011
Ordered Printed – January 18, 2011
First Printing – February 1, 2011
Ordinance Passed – February 22, 2011
Presented to Mayor for Approval – February 23, 2011
Approved – February 23, 2011
MARK P. HAWKE, Mayor
Final Printing - March 4, 2011
PUBLIC WELFARE COMMITTEE
#8530
Leading to a motion, Councillor Patrick Gerry, Chairman of the Public Welfare Committee, reported the Committee reviewed the proposed amendment and voted to recommend its passage. He moved to order to First Printing the following:
AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING THE BOUNDARIES OF THE DISTRICTS OF THE CITY WITH REGULATIONS AND RESTRICTIONS TO BE ENFORCED AND TO BE KNOWN AS THE ZONING ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Establishing the Boundaries of the Districts of the City with Regulations and Restrictions to be enforced and to be known as the Zoning Ordinance” (Compilation of Ordinances No. 62) adopted by the City Council December 9, 1970 and amended several times thereafter be further amended as follows:
Amend Section 1110 Enforcement the deleting the words “City Council” and inserting in place thereof the word “Mayor”.
Councillor Edward Gravel seconded the motion.
Councillor Scott Graves asked if there were any problems or delays from legal [counsel] due to the existing language.
Councillor Gerry replied he was not aware of any delays; however, the City Solicitor (John Flick) recommended the amendment to reflect uniformity in the [municipal] legal process. He added since all municipal departments’ access the City Solicitor and address legal matters through the Mayor; the Building Commissioner should too [in this instance].
Councillor Edward Gravel stated it is his understanding that the words “City Council” were part of a [Zoning Ordinance] template used when the Zoning Ordinance was [originally] adopted and no one noticed [the inconsistency].
On voice vote, ten (10) yeas, President Neil Janssens and Councillors Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) nay, Councillor Alice Anderson, the Ordinance was ordered to First Printing.
UNFINISHED BUSINESS AND MATTERS FOR RECONSIDERATION
UNFINISHED BUSINESS
#8523
President Janssens announced the City Council and Planning Board will hold a Joint Public Hearing on Monday, February 28, 2011 at 6:00 P.M. in the City Council Chambers, to consider the registered voter petition seeking to amend the Zoning Ordinance by requiring that a special permit from the City Council be necessary for a Medical Office use within the Central Business District and Neighborhood Business District.
#8531
On a motion by Councillor Patrick Gerry, seconded by Councillor Edward Gravel, it was voted on voice vote, eleven (11) yeas, 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. to order to First Printing the following:
AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING THE BOUNDARIES OF THE DISTRICTS OF THE CITY WITH REGULATIONS AND RESTRICTIONS TO BE ENFORCED AND TO BE KNOWN AS THE ZONING ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Establishing the Boundaries of the Districts of the City with Regulations and Restrictions to be enforced and to be known as the Zoning Ordinance” (Compilation of Ordinances No. 62) adopted by the City Council December 9, 1970 and amended several times thereafter be further amended as follows:
By deleting subsection 520 GROUNDWATER PROTECTION OVERLAY DISTRICT in its entirety and inserting thereof the following:
520 GROUNDWATER PROTECTION OVERLAY DISTRICT
521 Purpose
The purpose of the Groundwater Protection Overlay District is to:
1. Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses;
2. Preserve and protect existing and potential sources of drinking water supplies;
3. Conserve the natural resources of the City; and
4. Prevent temporary and permanent contamination of the environment.
522 Authority
The Groundwater Protection Overlay Districts are adopted pursuant to authority provided by M.G.L. c. 40A and the Home Rule Amendment, Article 89 of the Amendments to the Constitution of the Commonwealth.
523 Definitions
For the purposes of this Section, the following words and phrases shall be defined as follows. References to statutes and regulations shall be deemed a reference to such law or regulation as of the effective date of this Ordinance:
Aquifer: Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.
Automobile graveyards and junkyards: An establishment or place of business which is used, maintained, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, as defined in M.G.L. c.140B, s.1.
CMR: Code of Massachusetts Regulations.
Commercial fertilizers: Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in M.G.L. c.128, s.64.
DEP: Massachusetts Department of Environmental Protection.
Groundwater Protection Overlay District: Those land area(s) designated on a map adopted pursuant to this ordinance that provide recharge to an existing or planned public drinking water supply well. The Groundwater Protection District includes all areas designated as a Zone II and approved by the DEP.
Hazardous Material: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Hazardous materials include, without limitation: synthetic organic chemicals; petroleum products; heavy metals; radioactive or infectious wastes; acids and alkalis; solvents and thinners in quantities greater than normal household use; and all substances defined as hazardous or toxic under M.G.L. c.21C and 21E and 310 CMR 30.00.
Hazardous Waste: Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR Section 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.
Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
Landfill: A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006.
MGL: Massachusetts General Law
Petroleum Product: Petroleum or petroleum by-product including, but not limited to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas including, but not limited to, liquefied natural gas, propane or butane.
Non-sanitary wastewater: Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
Open Dump: A facility operated or maintained in violation of the Resource Conservation and Recovery Act (42 U.S.C. 4004(a)(b)), or state regulations and criteria for solid waste disposal.
Potential Drinking Water Sources: Areas that could provide significant potable water in the future.
Recharge Areas: Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include DEP approved Zone I, Zone II, or Zone III areas.
Septage: The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material that is a hazardous waste as defined by 310 CMR 30.000.
Sludge: The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the head-works of a facility
Treatment Works: Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
Very Small Quantity Generator: Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
Waste Oil Retention Facility: A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with M.G.L. c.21. s.52A.
Zone I: The DEP designated protective radius around a public water system well or well-field.
Zone II: The DEP approved area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00.
524 Establishment of Districts
The Groundwater Protection Overlay Districts are herein established as overlay districts and shall include all lands within the City of Gardner lying within the primary recharge areas of groundwater wells which provide existing and future public water supply. The Groundwater Protection Overlay District is described on a map entitled “City of Gardner Water Supply Protection Districts,” prepared by the Gardner Engineering Department, dated Revised January 5, 2011. The map is on file in the office of the City Engineer. Said map is hereby incorporated as part of the “Zoning Map of Gardner, Massachusetts” on file in the City Clerk’s Office.
525 Boundary Disputes
525.1 Resolution of Boundary Disputes
If the location of the District boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the Planning Board as Special Permit Granting Authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.
525.2 Burden of Proof
The burden of proof shall be upon the owner(s) of the land to demonstrate that the location of the District boundary with respect to a parcel(s) of land is uncertain. At the request of the owner(s), the SPGA may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the District with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation.
525.3 Lot Divided by District Line
Where the boundary line of the Groundwater Protection Overlay District divides a lot or parcel, the requirements established by this ordinance shall apply only to the portion of the lot or parcel located within the District.
525.4 Amendment of Map
Amendments to the map of the Groundwater Protection Overlay District require City Council approval.
526 Use Regulations
The Groundwater Protection Overlay Districts are overlay districts superimposed over the underlying districts set forth in this Zoning Ordinance. Within a Groundwater Protection Overlay District, the requirements of the underlying district continue to apply, except where the requirements of the Groundwater Protection Overlay District are more stringent.
526.1 Permitted Uses
The following uses are permitted within the Groundwater Protection Overlay District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:
1. Conservation of soil, water, plants, and wildlife.
2. Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted.
3. Foot, bicycle and/or horse paths, and bridges.
4. Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices.
5. Maintenance, repair, and enlargement of any existing structure, subject to applicable provisions of this ordinance
6. Residential development, subject to subject to applicable provisions of this ordinance.
7. Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to subject to applicable provisions of this ordinance.
8. Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels.
9. Any use permitted in the underlying zoning, except for those uses otherwise regulated herein.
526.2 Prohibited Uses
The following uses are prohibited within the Groundwater Protection Overlay District:
1. Landfills and open dumps, as defined in 310 CMR 19.006.
2. Landfills receiving only wastewater residuals and/or septage (wastewater residuals "monofills") approved by the DEP pursuant to MGL. c. 21, § 26 through 53; MGL. c. 111, § 17; MGL. c. 83, §§ 6 and 7, and any regulations promulgated thereunder.
3. Automobile graveyards and junkyards as defined in MGL. c. 140B, § 1.
4. Stockpiling and disposal of snow or ice removed from highways and streets located outside of Zone II that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.
5. Petroleum, fuel oil and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 (not including liquefied petroleum gas) and 5983. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual and any subsequent amendments thereto.
6. Treatment or disposal works subject to 314 CMR 5.00 for wastewater other than sanitary sewage. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) (Title 5), except the following:
a. the replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s); and
b. treatment works approved by the DEP designed for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR 5.05(3) or 5.05 (13); and
c. publicly owned treatment works, or POTWs.
7. Facilities that generate, treat, store or dispose of hazardous waste that are subject to MGL. c. 21C and 310 CMR 30.000, except for the following:
a. very small quantity generators, as defined by 310 CMR 30.00;
b. household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390; and
c. waste oil retention facilities required by MGL. c. 21, § 52A.
8. Any floor drainage systems in existing facilities, in industrial or commercial hazardous material and/or hazardous waste process areas or storage areas, which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the state plumbing code, 248 CMR 10.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies.
526.3 Uses Permitted by Special Permit
The following uses are permitted within the Groundwater Protection Overlay District by special permit from the Planning Board, when designed in accordance with the performance standards specified below, and provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:
1. Storage of sludge and septage, as defined in 310 CMR 32.05, when such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.
2. Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
3. Storage of commercial fertilizers, as defined in MGL. c. 128, § 64, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
4. Storage of animal manures, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff and leachate.
5. Storage of liquid hazardous materials, as defined in MGL. c. 21E, and/or liquid petroleum products when such storage is:
a. above ground level, and
b. on an impervious surface, and
c. either: (i) in container(s) or above-ground tank(s) within a building, or
(ii) outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater; however, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in a manner consistent with state and local requirements;
6. The removal of soil, loam, sand, gravel or any other mineral substances within four feet of the historical high groundwater table elevation (as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey), when the substances removed are redeposited within 45 days of removal on site to achieve a final grading greater than four feet above the historical high water mark, and except for excavations for the construction of building foundations or the installation of utility works, or wetland restoration work conducted in accordance with a valid Order of Condition issued pursuant to MGL. c. 131§ 40.
7. Land uses that result in the rendering impervious of more than 15% or 2500 square feet of any lot or parcel, whichever is greater, when a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.
527 Special Permit Procedures
527.1 Special Permit Granting Authority
The Special Permit Granting Authority (SPGA) shall be the Planning Board. A special permit may be granted if the SPGA determines that the intent of this Section 520 as well as the specific criteria set forth in Section 526.3 are met. In making such determination, the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to groundwater quality which would result if the control measures failed.
527.2 Rules and Regulations
The Planning Board may adopt and from time to time amend rules and regulations which shall prescribe the size, form, content, and style of the plans and procedures for submission and approval of such special permit. These rules and regulations shall be filed with the City Clerk.
527.3 Review by Other Boards and Officials
Whenever an application for a special permit is filed with the Planning Board under this Section 520, said Board shall transmit within six (6) working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation, to the Board of Health, Conservation Commission, Building Commissioner, Director of Public Works, Fire Chief, and the City Engineer for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Planning Board. The Planning Board shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant
shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports from other boards and officials shall be submitted to the Planning Board by the date of the Public Hearing, but in any case within thirty-five (35) days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the Public Hearing by the Planning Board is held prior to the expiration of the 35 day period, the Planning Board shall continue the Public Hearing to permit the formal submission of reports and recommendations within that 35 day period. The Decision/Findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any
reviewing party.
527.4 Submittals
All applications for a special permit shall contain the information listed below, unless waived or modified by the SPGA, with reasons therefore.
1. A site plan, submitted on 24-inch by 36-inch sheets, on a minimum scale of one inch (1") equals 40 feet, and prepared by a Registered Professional Engineer and a Registered Land Surveyor. Site plans submitted under this section shall also include the following:
a. All property lines;
b. All adjacent public streets;
c. All existing and proposed buildings, structures, parking areas, and service areas;
d. All facilities for sewage, refuse, and other waste disposal;
e. Facilities for surface water drainage, both temporary and permanent;
f. Future expansion areas;
g. Provisions to prevent contamination of groundwater by petroleum products;
h. Drainage recharge features and provisions to prevent loss of recharge;
i. Provisions to prevent soil compaction;
j. Provisions to prevent seepage from sewer pipes;
k. Location of wetlands, streams, water bodies and flood plain;
l. Existing drainage patterns;
m. Existing woodlands;
n. Areas having slopes exceeding 15%;
o. Areas to be disturbed by construction;
p. Areas where earth and other materials subject to erosion will be temporarily stockpiled;
q. Areas to be used for disposal or storage of construction debris, stones, stumps, etc. if within the District;
r. Temporary and permanent erosion control measures planned, such as sediment basins, storm water basins, diversion, rip-rap, stabilization seedings, etc.;
s. Temporary work roads to be used during projects;
t. Location and size of septic system;
u. Method to contain spillage in fuel filling areas;
2. A storm drainage plan showing:
a. Locations of drains and culverts, and names of streams, rivers, ponds or reservoirs in the City in which they flow;
b. Discharge peaks and expected velocities at drain or culvert outlets;
c. Conditions above and below outlets and expected flow velocities;
d. Supporting computations for the above;
e. A grading plan showing existing topography and planned grade along existing and/or proposed street or highway profiles.
3. A siltation and sedimentation control plan including:
a. Sediment and erosion control structures such as diversions, waterways, slope stabilization structures, sediment basins, etc., in sufficient detail to implement their installation together with referred standards for soil erosion and sediment as appropriate, and design calculations as required for each structure; Seeding and/or sodding requirements for all exposed areas including seedbed preparation, seed mixtures, lime, fertilizer and mulching requirements with referenced standards;
b. Schedule or sequence of operation with starting dates for clearing and/or grading, timing for storm drain and culvert installation, duration of exposure of soils and critical area stabilizations, both temporary and permanent. Indicate date when critical areas stabilization, paving, seeding, mulching, or sodding is to be completed; and
c. General notes for sediment control that spell out the procedures for implementing the plan.
4. The Technical Reference to be used to prepare and review site plans is “Guidelines for Soil Water conservation in Urbanizing Areas of Massachusetts,” U.S.D.A. Soil Conservation Service, Amherst, Massachusetts. Specific guidelines to be used include, but are not limited to:
a. Limit grading to only those areas actively undergoing current construction.
b. The smallest practical area of land should be exposed at one time during development.
c. Limit the length of time graded areas are exposed.
d. Provide temporary or permanent stabilization of disturbed areas at the earliest opportunity. Limit exposure to less than 60 days.
e. Retain and protect as much of the natural vegetation as possible.
f. Permanent improvements such as streets, utilities, storm sewers, vegetated waterways, and other features of the development should be scheduled for installation to the greatest extent possible before removing the vegetative cover from an area scheduled for building construction.
g. Protect all fill slopes and cut slopes exceeding five feet in height from storm run-off through the use of diversion berms, drop chutes and other acceptable means.
h. Rough-graded rights-of-way awaiting installation of utilities and/or pavement should be protected by the installation of interceptor berms across the right-of-way as to reduce the length of slope between berms to not more than 250 feet.
i. On sites where the above procedures are impractical or not acceptable where the topography permits, install sediment basins, desilting basins, or silt traps to remove sediment from runoff waters.
5. A narrative statement detailing all of the information set forth below, if applicable:
a. A complete list of all chemicals, pesticides, fuels, or other potentially hazardous materials, including but not limited to road salt or de-icing chemicals, manure, and fertilizers or soil conditioners, to be used or stored on the premises in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all storage containers from vandalism, corrosion, and leakage, and to provide for control of spills.
b. A description of all potentially hazardous wastes to be generated in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all waste storage containers from vandalism, corrosion, and leakage, and to provide for control of spills.
c. For underground or aboveground storage of hazardous materials, certification by a Registered Professional Engineer that such storage facilities or containers are (i) in compliance with all applicable federal or state regulations, (ii) in compliance with design specifications, as prepared by a Registered Professional Engineer, and (iii) are designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.
d. For any proposed activity on a lot which will render more than 15 percent of the total lot area or more than 2,500 sq. ft. impervious, a system for groundwater recharge must be provided that does not degrade groundwater quality, by stormwater infiltration basins or similar system covered with natural vegetation. Dry wells shall be used only where other methods are infeasible. Such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants.
e. For stockpiling or disposal of snow from outside the district, earth moving and alteration, storage of sludge or septage, manure storage, treatment works, and/or discharge or process wastewater, a narrative statement, prepared by a Registered Professional Engineer, assessing the impacts, if any, of the proposed activity on groundwater and surface water quality on the premises, adjacent to the premises, and on any well field(s) down gradient from the proposed activity or use, accompanied by a description of the measures proposed to protect such well fields.
528 Decision
Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Section 527.3 that:
* groundwater quality resulting from on-site wastewater disposal or other operations on-site shall not fall below the more restrictive of federal or state standards for drinking water, or, if existing groundwater quality is already below those standards, on-site disposal or operations shall result in no further deterioration; and
* activities shall be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
528.1 Powers of the SPGA
The Planning Board may approve, approve with conditions, or deny an application for a special permit that is governed, in any manner, by the provisions of this Section.
528.2 No Variance
There shall be no variances granted from the regulations of the Groundwater Protection Overlay District without a written advisory report from the Gardner Board of Health.
529 Enforcement
529.1 Notice
Written notice of any violations of this ordinance shall be given by the Building Commissioner to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Planning Board, Board of Health, Conservation Commission, City Engineer, Department of Public Works, and the Water Department.
529.2 Costs
The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises.
And be further amended by inserting subsection 560 SURFACE WATER PROTECTION OVERLAY DISTRICT as follows:
560 SURFACE WATER PROTECTION OVERLAY DISTRICT
561 Purpose
The purpose of the Surface Water Protection Overlay District is to:
1. Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses;
2. Preserve and protect existing and potential sources of drinking water supplies;
3. Conserve the natural resources of the City; and
4. Prevent temporary and permanent contamination of the environment.
562 Authority
The Surface Water Protection Overlay Districts are adopted pursuant to authority provided by MGL c. 40A and the Home Rule Amendment, Article 89 of the Amendments to the Constitution of the Commonwealth.
563 Definitions
For the purposes of this Section, the following words and phrases shall be defined as follows. References to statutes and regulations shall be deemed a reference to such law or regulation as of the effective date of this Ordinance:
Automobile graveyards and junkyards: An establishment or place of business which is used, maintained, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, as defined in MGL c.140B, s.1.
CMR: Code of Massachusetts Regulations.
Commercial fertilizers: Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in MGL c.128, s.64.
DEP: Massachusetts Department of Environmental Protection.
Hazardous Material: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Hazardous materials include, without limitation: synthetic organic chemicals; petroleum products; heavy metals; radioactive or infectious wastes; acids and alkalis; solvents and thinners in quantities greater than normal household use; and all substances defined as hazardous or toxic under MGL c.21C and 21E and 310 CMR 30.00.
Hazardous Waste: Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR Section 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.
Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
Landfill: A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006.
MGL: Massachusetts General Law.
Petroleum Product: Petroleum or petroleum by-product including, but not limited to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas including, but not limited to, liquefied natural gas, propane or butane.
Non-sanitary wastewater: Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
Open Dump: A facility operated or maintained in violation of the Resource Conservation and Recovery Act (42 U.S.C. 4004(a)(b)), or state regulations and criteria for solid waste disposal.
Potential Drinking Water Sources: Areas that could provide significant potable water in the future.
Recharge Areas: Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include DEP approved Zone I, Zone II, or Zone III areas.
Septage: The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material that is a hazardous waste as defined by 310 CMR 30.000.
Sludge: The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the head-works of a facility.
Surface Water Protection Overlay District: Those land area(s) designated on a map adopted pursuant to this ordinance that provide recharge to an existing or planned public drinking water supply well. The Surface Water Protection District includes all areas designated as a Zone A and Zone B as approved by the DEP and Zone C+.
Treatment Works: Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
Very Small Quantity Generator: Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
Waste Oil Retention Facility: A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c.21.s.52A.
Zone A: The land area between the surface water source and the upper boundary of the bank; AND the land area within a 400 foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a); AND the land area within a 200 foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body.
Zone B: The land area within ½ mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or edge of watershed, whichever is less. However, Zone B shall always include the land area within a 400-foot lateral distance from the upper boundary of the bank of the Class A surface water source.
Zone C+: The land area not within Zone A and Zone B delineated on a map entitled, “City of Gardner Water Supply Protection Districts”, prepared by the Engineering Department, dated Revised January 5, 2011.
564 Establishment of Districts
The Surface Water Protection Overlay Districts, which consist of both Zone A, Zone B and Zone C+, are herein established as overlay districts. These districts are described on a map entitled “City of Gardner Water Supply Protection Districts”, prepared for the Gardner Engineering Department, dated Revised January 5, 2011. The map is on file in the office of the City Engineer. Said map is hereby incorporated as part of the “Zoning Map of Gardner, Massachusetts” on file in the City Clerk’s Office.
565 Boundary Disputes
565.1 Resolution of Boundary Disputes
If the location of the District boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the Planning Board as Special Permit Granting Authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.
565.2 Burden of Proof
The burden of proof shall be upon the owner(s) of the land to demonstrate that the location of the District boundary with respect to a parcel(s) of land is uncertain. At the request of the owner(s), the SPGA may engage a professional engineer or land surveyor, or other qualified expert to determine more accurately the boundaries of the District with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation.
565.3 Lot Divided by District Line
Where the boundary line of the Surface Water Protection Overlay District divides a lot or parcel, the requirements established by this ordinance shall apply only to the portion of the lot or parcel located within the District.
565.4 Amendment of Map
Amendments to the map of the Surface Water Protection Overlay District require City Council approval.
566 Use Regulations
The Surface Water Protection Overlay Districts are overlay districts superimposed over the underlying districts set forth in this Zoning Ordinance. Within a Surface Water Protection Overlay District, the requirements of the underlying district continue to apply, except where the requirements of the Surface Water Protection Overlay District are more stringent.
566.1 Prohibited Uses in Zones A, B and C+
The following uses are prohibited within Zone A, Zone B and Zone C+ of the Surface Water Protection Overlay District:
1. Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste that is subject to MGL.c.21C and 310 CMR 30.000, except for the following:
a. Very small quantity generators, as defined by 310 CMR 30.000; and
b. Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters.
2. Uncovered or uncontained storage of fertilizers;
3. Uncovered or uncontained storage of road or parking lot de-icing and sanding materials;
4. Storage or disposal of snow or ice, removed from highways and streets outside the Zone A, that contains deicing chemicals;
5. Uncovered or uncontained storage of manure;
6. Junk and salvage operations;
7. Above-ground storage of liquid hazardous material as defined in MGL. c. 21E, or liquid propane or liquid petroleum products, except as follows:
a. The storage is incidental to normal household use, outdoor maintenance, or the heating of a structure; use of emergency generators; a response action conducted or performed in accordance with MGL c. 21E and 310 CMR 40.000 and which is exempt from a ground water discharge permit pursuant to 314 CMR 5.05(14); and
b. The storage is either in container(s) or above-ground tank(s) within a building, or outdoors in covered container(s) or above-ground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater. However, these storage requirements do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in accordance with applicable state and local requirements.
8. Treatment or disposal works subject to 314 CMR 3.00 or 5.00, except the following:
a. The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works;
b. Treatment or disposal works for sanitary sewage if necessary to treat existing sanitary sewage discharges in non-compliance with 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage, provided the facility owner demonstrates to the Department's satisfaction that there are no feasible siting locations outside of the Zone A. Any such facility shall be permitted in accordance with 314 CMR 5.00 and shall be required to disinfect the effluent. The Department may also require the facility to provide a higher level of treatment prior to discharge;
c. Treatment works approved by the DEP designed for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR 5.05(3) or 5.05(13); and
d. Discharge by public water system of waters incidental to water treatment processes.
NEW BUSINESS
On a motion by Councillor Joshua Cormier, seconded by Councillor David Boudreau, it was voted on voice vote,
eleven (11) yeas, 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. to consider NEW BUSINESS.
ASSESSOR
Councillor Edward Gravel stated there is a new City Assessor and requested all citizens would take a step back [in order] to listen to what she has to say. “The City Assessor is trying to explain it the best way she can - Massachusetts General Law dictates what she is doing. This law has been on the books since 1875”. He added he is a multi-family homeowner and was not aware this law existed. “It came as a shock to me and a surprise as to what they were looking for in terms of information.” People are hurting and getting an extra whack”, he stated.
A little more information should have been handed out as to the process. We should have been more informed.
He said he will do a little more research into the matter and talk to Senator Jen Flanagan and State Representative Rich Bastien.
PAY RAISE REVIEW (MAYOR AND CITY COUNCIL)
Councillor Edward Gravel stated he recently read in the newspaper that the Mayor is asking for a pay raise. “Do I think this department is underpaid? Probably. The man takes care of a 54 million dollar budget, half having to do with the school. He runs a 27 million dollar operation effectively and efficiently as possible; I just think the timing is really poor,” he stated. He added, [there is] “a 12½% unemployment rate in the City and 15% foreclosure rate in the City in Gardner” and noted 6 houses each month are foreclosed. “If we had all the money in the world to pay this guy more money, I’d absolutely agree to it,” he stated. He closed his remarks by mentioning programs and capital items and projects that need to be funded “We can’t spend what we don’t have,” he added.
Councillor Joshua Cormier stated he recalled an ordinance requiring an early January salary review by the Finance Committee. He added he is not in favor of an increase in the Mayor’s salary based on “the economic crisis”.
Councillor Alice Anderson responded by stating the Finance Committee is required to review salaries of the Mayor and City Councillors in off years, “so the Mayor doesn’t propose a raise for himself”. The Mayor did not propose a raise for himself, she added. She closed her remarks by stating the Finance Committee would look at additional comparatives and make a recommendation. She noted [Council] discussion at this point as premature.
PRIVATE WAY BETTERMENT AD-HOC COMMITTEE
Councillor David Boudreau stated the mayor assembled a betterment committee to address unaccepted roads, which will meet on Thursday, March 3rd at 5:00 p.m. in the Council Chambers.
CRYSTAL LAKE ICE MELT CONTEST
Councillor Henry Ares announced the Crystal Lake Ice Melt Contest began on February 1st and will run until the end of the month, with Contest Application forms available at the Mayor’s Office, the Tax Collectors Office, the Water & Sewer Department Office, and John’s Sport Shop.
MAYOR’S STATE OF THE CITY ADDRESS
Councillor Ronald Cormier thanked Mayor Hawke for his positive outlook in difficult times and cited ongoing cooperation among the City Council, department heads and all employees. President Neil Janssens concurred.
ADJOURNMENT
On a motion by Councillor Joshua Cormier, seconded by Councillor David Boudreau, it was voted on voice vote,
eleven (11) yeas, 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. to adjourn at 8:09 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council:
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