Monday evening, February 28, 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 6:00 o’clock p.m.
Councillors Present: President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.
Councillor Absent: Ronald Cormier
Planning Board Members Present: Allen Gross, Robert Bettez, Sr., Peter Sabettini and Mark Schafron.
Planning Board Member Absent: Laura Casker.
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 and Planning Board member, where no objections were raised as to the manner and/or location of recording.
President Janssens called upon Robert Hubbard, Community Development & Planning Director, to present the Planning Board’s Transmission.
Mr. Hubbard outlined the Planning Board’s observations/comments made at their January 11, 2011meeting concerning the petition:
- The petition cannot be modified in any way prior to the public hearing.
- Suggestions to modify the petition can be submitted during the public hearing.
- The petition does not identify what section or sections of the zoning ordinance are to be amended if the petition is adopted and the petition is not in a format consistent with the zoning ordinance.
- The petition provides no definition of a medical office use. The zoning ordinance currently defines business and professional office use, but does not define medical office use. Several members noted that medical uses such as doctor offices and health clinics are currently located in Commercial 1 and/or Commercial 2 districts without any negative impacts.
- There is no Central Business District or Neighborhood Business District in the zoning ordinance. Zoning districts related to office uses are Commercial 1 and Commercial 2.
- The City Council does not currently serve as a Special Permit Granting Authority and declined such designation in the past for Development Overlay District designations.
- The petition specifically identifies the goal of the petition as stopping the organization Planned Parenthood from establishing a presence in Gardner. Planned Parenthood’s website states the organization and its affiliates provide health services and educational programs. MGL Chapter 40A, Section 3 and the 1950 Mass. Act 325 known as the Dover Amendment prohibit any ordinance which prohibits or limits the use of land for educational purposes.
Mr. Hubbard stated that if the Zoning amendment were to pass [in its present form], it would not affect [the siting of] a Planned Parenthood office in Gardner, but would impact the siting of others. He mentioned the Heywood Family Medical office at 266 Main Street and the Eye Practice Office at 354 Main Street, presently under construction.
Attorney John Flick, City Solicitor, stated the “Dover Amendment” specifically prohibits any Ordinance that would restrict [the siting of] a non-profit corporation [with an educational component]. He cited the court case Gardner-Athol Area Mental Health Association, Inc. v. Zoning Board of Appeals of Gardner (1987); stating courts do not look at [the] underlying activities of non-profit organizations. He added zoning ordinances [under the Dover Amendment restrictions] can contain provisions regulating parking, facility size, height, open space, etc.
President Janssens called upon Mr. James Keresey, 109 Temple Street, Gardner to summarize the proposed Zoning Ordinance amendment on behalf of the Petitioners. Mr. Keresey’s testimony is attached.
Mr. Keresey presented a Petition (attached) seeking to amend the original petition language, drafted as follows:
“Section 1180 Special Permits of the Zoning Ordinance of the City of Gardner requiring that a special permit from the City Council be necessary for a Provider of Abortion Referral Services within Commercial 1 and Commercial 2 Districts.”
President Janssens called upon Dr. R. Gary Heikkila, 90 Ridgewood Lane, Gardner to testify. Dr. Heikkila’s testimony is attached.
President Janssens called upon Mr. John L. Pacheco, 27 Cherry Street, Gardner to testify. Mr. Pacheco’s testimony is attached.
President Janssens called upon Dr. John L. Worden, 301 Elm Street, Gardner to testify. Dr. Worden’s testimony is attached.
President Janssens called upon Dr. Paul A. Carpentier, 39 Hospital Hill Road, Gardner to testify. Dr. Carpentier’s testimony is attached.
President Janssens called upon Mrs. Gail E. Cormier, 94 Glenwood Street, Gardner to testify. Ms. Cormier read a letter from Mrs. Melody Phelps, RN (attached).
President Janssens called upon Rev. Stephen Charette, 131 Burrage Street, Lunenburg to testify. He is Pastor of First Bible Baptist Church, a congregation of 60 parishioners located on Church Street.
President Janssens called upon Mrs. Katie Kamenski, 12 Mossman Road, Westminster to testify. Ms. Kamenski’s testimony is attached.
President Janssens called upon Mr. Leonard Marsh, 150 Acadia Road, Gardner to testify. Mr. Marsh’s testimony is attached.
President Janssens called upon Mr. Richard Huesgen, Leamy Street, Gardner to testify. He stated he is a Minister at Mission Street Congregational Church and has counseled people for over 50 years. He recommended sending anyone in need to him for help.
President Janssens called upon Mr. Brian P. Bourgeois, 940 West Broadway, Gardner to testify. Mr. Bourgeois is a Gardner resident in support of the Zoning amendment. He also represents the Knights of Columbus, Council 396. Their (K of C) three priorities are Right to Life, supporting Priests and the Bishops, and helping developmentally disabled persons.
President Janssens called upon Rev. Daniel Meiners, 313 Pearl Street, Gardner to testify. Rev. Meiners’ testimony is attached.
President Janssens called upon Mr. Paul Hartin, 123 Jonathan Street, Gardner to testify. Mr. Hartin came to Gardner twelve years ago, has six children, and likely would not have moved to Gardner if Planned Parenthood had a presence [in the community] and would consider leaving if they open a facility.
President Janssens called upon Mr. Christopher Pera, 24 Lovewell Street, Gardner to testify. Mr. Pera stated he does not have a position [on the zoning amendment] one way or another; however, it is his opinion [we] should continue to learn the facts and [to] educate the rest of the community.
President Janssens called upon Mr. Eugene Gemborys, 60 Yale Street, Gardner to testify. Mr. Gemborys’s testimony is attached.
President Janssens called upon Mr. Robert Gifford, 114 Parker Street, Gardner to testify. Mr. Gifford stated he is looking at options to rent office space in his Parker Street [commercial] building and is concerned adopting the] amendment would stop medical office uses in the downtown in the future.
President Janssens called upon Ms. Melody Fortier, 114 Parker Street, Gardner to testify. Ms. Fortier stated economic growth is important to Gardner and is concerned about limiting healthy economic growth. She questioned zoning laws that would limit [economic] growth.
President Janssens called upon Mrs. Margaret “Peg” Locke, 348 Temple Street, Gardner to testify. Mrs. Locke stated the amendment proposal is an ethical issue, [as well as] preserving the values of the community, being the voice of the unborn, and supporting the women involved.
President Janssens declared the Hearing closed at 7:18 p.m.
Accepted by the City Council:
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