Tuesday evening, January 10, 2012. Public Hearing of the City Council and Planning Board held in the Council Chambers, City Hall.~ Hearing called to order by Council President Alice Anderson at 6:00 o’clock p.m.
The City Clerk called the Roll:
Councillors Present: President Alice Anderson and Councillors Henry Ares, Joshua Cormier[1], Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson. [1] Councillor Joshua Cormier arrived at 6:15 p.m.
Planning Board Members Present: Robert Bettez, Sr., Laura Casker, Alan Gross and Peter Sabettini.
Planning Board Members Absent: Mark Schafron.
LARGE SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC OVERLAY DISTRICT
President Anderson opened the Public Hearing on the following proposed Zoning Ordinance amendment:
CITY OF GARDNER
NOTICE OF JOINT PUBLIC HEARING
LARGE SCALE GROUND-MOUNTED SOLAR
PHOTOVOLTAIC OVERLAY DISTRICT
Pursuant to the provisions of Section 5 of Chapter 40A of the General Laws, notice is hereby given that the Gardner City Council and Planning Board will conduct a Joint Public Hearing on Tuesday, January 10, 2012 at 6:00 P.M. in the City Council Chambers, 2nd Floor, Gardner City Hall to consider amending the Zoning Ordinance by inserting a new Section 560 entitled LARGE-SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC OVERLAY DISTRICT. The proposed Amendment is available for viewing in the City Clerk’s Office, the Department of Community Development & Planning (DCDP), or on the City’s website – www.gardner-ma.gov.~All persons interested in this matter and desire to offer testimony are invited to attend the hearing.
Robert Hubbard, Community Development & Planning Director, presented the Planning Board’s Transmission.
Mr. Hubbard stated the Zoning amendment’s purpose is to promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.
Mr. Hubbard added the underlying zoning remains in effect; property owners retain the option of pursuing solar photovoltaic systems on their land.
President Anderson declared the Hearing closed at 6:07 p.m.
ROUTE 140 CORRIDOR OVERLAY DISTRICT
President Anderson opened the Public Hearing at 6:07 p.m. on the following proposed Zoning Ordinance amendment:
CITY OF GARDNER
NOTICE OF JOINT PUBLIC HEARING
ROUTE 140 CORRIDOR OVERLAY DISTRICT
Pursuant to the provisions of Section 5 of Chapter 40A of the General Laws, notice is hereby given that the Gardner City Council and Planning Board will conduct a Joint Public Hearing on Tuesday, January 10, 2012 at 6:00 P.M. in the City Council Chambers, 2nd Floor, Gardner City Hall to consider amending the Zoning Ordinance by inserting a new Section 570 entitled ROUTE 140 CORRIDOR OVERLAY DISTRICT. The proposed Amendment is available for viewing in the City Clerk’s Office, the Department of Community Development & Planning (DCDP), or on the City’s website – www.gardner-ma.gov.~All persons interested in this matter and desire to offer testimony are invited to attend the hearing.
Mr. Bill Scanlan, representing the Montachusett Regional Planning Commission, spoke in favor of the ordinance amendment. He stated MRPC is working with the Route 140 Task Force to coordinate efforts between Gardner and the Towns of Westminster and Winchendon to regulate development along Route 140.
Mr. Hubbard spoke in favor of the amendment, stating the area covered in the proposed overlay district is modest in scope and the Planning Board may propose expanding the area in the future.
Mayor Mark Hawke spoke in favor of the proposed Overlay District.
President Anderson declared the Hearing closed at 6:13 p.m.
HISTORIC UPTOWN COMMERCIAL OVERLAY DISTRICT
President Anderson opened the Public Hearing at 6:13 p.m. on the following Zoning Ordinance amendment:
CITY OF GARDNER
NOTICE OF JOINT PUBLIC HEARING
HISTORIC UPTOWN COMMERCIAL OVERLAY DISTRICT
Pursuant to the provisions of Section 5 of Chapter 40A of the General Laws, notice is hereby given that the Gardner City Council and Planning Board will conduct a Joint Public Hearing on Tuesday, January 10, 2012 at 6:00 P.M. in the City Council Chambers, 2nd Floor, Gardner City Hall to consider amending the Zoning Ordinance by inserting a new Section 580 entitled HISTORIC UPTOWN COMMERCIAL OVERLAY DISTRICT. The proposed Amendment is available for viewing in the City Clerk’s Office, the Department of Community Development & Planning (DCDP), or on the City’s website – www.gardner-ma.gov.~All persons interested in this matter and desire to offer testimony are invited to attend the hearing.
Mr. Hubbard noted the purposes of the Historic Uptown COD are to:
- Promote the revitalization and reuse of vacant and underutilized building, while also protecting the visual and historic character of the district and the surrounding neighborhoods from land use conflicts; and
- Promote appropriate architecture, efficient site planning, and improved design standards that will enhance the visual and historic character of the district.
He added the proposed overlay district encompasses 25 parcels, 21 owners and 11 non-residential buildings of which 5 are vacant. Proposals would be evaluated by the Planning Board and Gardner Historical Commission.
The following persons presented testimony before the Council and Planning Board:
Atty. Peter Sargent, 19 Cherry Street – Spoke in opposition to the proposed Overlay District. He cited potential odors emanating from a restaurant sited in the former Elm Street Fire Station (58 Elm Street), as well as potential parking and related traffic problems.
Dr. Tariq Malik, 93 Elm Street– Spoke in opposition to the proposed Overlay District. He said the neighborhood would be negatively affected by the siting of a restaurant in the former Elm Street Fire Station, citing parking, traffic and child safety as serious concerns. H presented petitions signed by residents opposing the overlay plan.
Atty. John Flick, City Solicitor – Clarified the effect that use variances have for all zoning districts, particularly General Residential I and General Residential III districts. He added use variances are very difficult to obtain, particularly for commercial uses; however, if one is granted, the decision may trigger additional use variance application in the same geographical area, thereby affecting the overall character of the neighborhood.
Sharon Savoie, 44 Cedar Street– Spoke in opposition to the proposed Overlay District. She asked if the former Elm Street fire station could be removed from the proposed overlay district and recommended the overlay district end at the American Legion at 22 Elm Street.
John Pacheco, 27 Cherry Street– Spoke in opposition to the proposed Overlay District. He said the neighborhood would be negatively affected by the siting of a restaurant in the former Elm Street Fire Station. He mentioned the safety of children living in the condo units on Cedar Street may be adversely affected.
Richard Batt, 215 Bickford Hill Road– Spoke in opposition to the proposed Overlay District. He stated the City should leave the properties alone and demolish those that fall into disrepair.
Vicki Walet, 35 Cedar Street– Spoke in opposition to the proposed Overlay District. She cited potential odors emanating from a restaurant sited in the former Elm Street Fire Station, as well as potential parking and related traffic problems.
Matthew McDermott, 34 Cherry Street– Spoke in opposition to the proposed Overlay District. He said parking and related traffic problems would result from the siting of a business in the former Elm Street Fire Station.
Lydia Desgroseilliers, 13 Elm Street– Spoke in opposition to the proposed Overlay District. She cited noise, trash and other public nuisances associated with the former Boardwalk Restaurant (formerly Casa LaGrassa). She noted the importance of preserving the historical character of uptown buildings, grounds and residential neighborhoods.
Eric Moyen Sr., 26 Chestnut Street– Spoke in opposition to the proposed Overlay District. He said parking and related traffic problems would result from the siting of a business in the former Elm Street Fire Station.
Stanford Hartshorn, 109 Cherry Street– Spoke in opposition to the proposed Overlay District. He stated that if the proposed zoning change occurs, no residential area is safe from commercial development, adding the zoning variance process in place for the past 50 years should continue to be utilized. “The burden should be on the developers to make the project work”, he stated.
Mayor Mark Hawke, 985 West Broadway - Spoke in favor of the proposed Overlay District. He stated repeatedly the proposed overlay district would not change any underlying zoning restrictions. He concurred with the City Solicitor’s statement that under use variance procedures, the City would have no grounds to deny an applicant once a use variance had been granted to another in the general area. The Mayor referenced several active commercial businesses operating in the proposed overlay area, adding the creation of an overlay district would establish more controls on future development.
Waleska Sargent, 19 Cherry Street– Spoke in opposition to the proposed Overlay District. She stated she moved to the area because of assurances that it was peaceful, quiet and safe and all must be done to protect the neighborhood comprised of older homes.
Raymond Cardogno, 54 Campground Road, West Boylston– Spoke in opposition to the proposed Overlay District. He stated he owns several apartment houses near the former Boardwalk Restaurant at 28 Central Street and the former Smith Silver Shop at 60 Chestnut Street. Due to nuisances experienced from the operation of the former Boardwalk Restaurant, he asked if neighbors could obtain approval authority for any proposed uses.
Joseph Guercio, Colonial Cooperative Bank, 6 City Hall Avenue - Spoke in favor of the proposed Overlay District. Mr. Guercio stated he works for the Colonial Cooperative Bank, current owner of the former Boardwalk Restaurant property, which would like to be in a position to solicit opportunities for commercial development at the location.
President Anderson declared the Hearing closed at 7:12 p.m.
Accepted by the City Council:
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