LAND USE COMMITTEE

MONDAY, NOVEMBER 21, 2005

COUNCIL CHAMBER

Convened: 4:10 p.m.

Recessed @ 4:15 p.m. and Reconvened @ 4:16 p.m.

Recessed @ 5:36 p.m. and Reconvened @ 5:49 p.m.

Adjourned @ 6:57 p.m.

 

Present were:      Chairperson Councilor Michael C. Perotto

                             Councilor Paul P. Clancy, Jr.

                             Councilor Frederick C. Rushton @ 4:22 p.m.

 

Also:                    Planning Director Joel Fontane

                             Deputy City Solicitor Michael Traynor

                             City Clerk David J. Rushford, clerk

 

Zoning Ordinance Book –Hearing from 4:10 p.m. to 5:36 p.m.

 

1.       Report of the Planning Board Upon the Petition of John Shea, Chairman of the Planning Board request consideration of the attached Omnibus Zoning Ordinance Amendment.

          #65 CC October 11, 2005

Hearing Recessed

 

2.       Communication of the City Manager relative to the June 14, 2005, Omnibus Zoning Ordinance Amendment petition.

          #24 CC June 28, 2005

Recommend Hold

 

3.       Report of the Planning Board Upon the Communication of the City Manager relative to Proposed Zoning Ordinance.

          #27 CC May 3, 2005

Recommend Hold

 

4.       Communication of the City Manager relative to the recommendation not to adopt the proposed Zoning Ordinance.

          #17A CM May 3, 2005

          In Committee July 12, 2005 – Held

Recommend Hold

 

Speakers:

1.     Jonathan Finkelstein, 11 Berwick Lane, Worcester

2.     Paul Novak, 6 Arden Court, Worcester

3.     John Riggieri, 37 Gates Road, Framingham

 

The Committee paused it’s review of the proposed Omnibus Zoning Ordinance at Article IV, section 11: Bed and Breakfast.

 

5:30 P.M. HEARINGS

 

Recessed HEARINGs

 

 5.      Report of the Planning Board Upon the Petition of Gail LaGoy et al requesting a zone change from RG-5 to RL-7 for North St., Milton St. and Byron St. 

          #15 CC May 17, 2005

In Committee July 12, 2005 – Hearing Recessed

Recommend Accept the Report of the Planning Board and Deny the Petition

 

6.       Communication of the City Manager relative to the Milton-Byron St. Zoning Map Amendment Petition.

          #23 CC June 28, 2005

In Committee July 12, 2005 – Held

Recommend File

 

7.       Report of the Planning Board Upon the Petition of Attorney Stephen Madaus on behalf of Bodorgan Corp. request zone change at 15 Ararat St. from its current zoning designation of partially RL-7; Residence, Limited and partially MG-1.0; Manufacturing General to a zoning designation of MG-1.0 Manufacturing, General entirely.

#140 CC August 16, 2005

In Committee September 19,2005 - Hearing Recessed

Recommend Hold

 

8.       Communication of David J. Rushford, City Clerk transmitting Zoning Board of Appeals decision dated August 20, 1975 for property located at 15 Ararat St., requested by the Land Use Committee.  

          #36 CC September 27, 2005

Recommend Hold

 

HEARINGS

 

9.       Report of the Planning Board Upon the Petition of Attorney Stephen Madaus on behalf of Helen Costa and Francis McIntyre request to amend two parcels of land located at 47 Benefit St. and 49-51 Benefit St. from their current zoning designation of partially RG-5 and MG-2.0 to RG-5 entirely.

          #108 CC November 1, 2005

Councilor Rushton was recused on a roll call of 2-0 and left the room.

Recommend Accept the Report of the Planning Board and Approve the Petition.

 

10.     Report of the Planning Board Upon the Petition of Attorney Stephen Madaus on behalf of GFI Properties, LLC request a zone change from MG-2.0 to RG-5.0 at 92 Grand St.

          #106 CC November 1, 2005

Recommend Accept the Report of the Planning Board and Approve the Petition.

 

11.     Report of the Planning Board Upon the Petition of Councillor Barbara G. Haller, Councillor Michael C. Perotto, Councillor Dennis L. Irish, and Mayor Timothy P. Murray on behalf of Chandler St. Business Association request a Parking District Overlay Zone be installed along both sides of Chandler St. corridor between Main St. and Park Ave.

          #102 CC November 1, 2005

Recommend Accept the Report of the Planning Board and Deny the Petition on a roll call of 2-1 with Councilor Rushton voting not to deny the petition.

 

12.     Report of the Planning Board Upon the petition of Leo and Joan Bernard request to extend adjacent BL-1.0 zone to include 110 West Mountain St. in its entirety.

          #84 CC September 20, 2005

Recommend Accept the Report of the Planning Board and Deny the Petition.

 

13.     Report of the Planning Board Upon the Petition of Joyce Provencher requesting to extend existing RS-7 zone to include entire 81-83 Lyman St. that is partially zoned MG-2.0.   

          #39 CC September 27, 2005

Recommend Accept the Report of the Planning Board and Approve the Petition.

 

14.     Report of the Planning Board Upon the Petition of Michael Revelli requesting to extend RG-5 zone to include Parcel A New York St. presently zoned MG-2.0. 

          #38 CC September 27, 2005

Recommend Accept the Report of the Planning Board and Approve the Petition.

 

15.     Report of the Planning Board Upon the Petition of Pandian Arumugam request to pull the RG-5 zone line to include the entire parcel located at 58 Suffolk St. which is split between MG-2.0 and RG-5.

          #107 CC November 1, 2005

Recommend the Petitioner be Given Leave to Withdraw without Prejudice.

 

16.     Report of the Planning Board Upon the Petition of John Shea on behalf of the Planning Board request to amend the Zoning Map of the City of Worcester from BL-1 to RG-5 by extending the RG-5 zone from its current location on the property of 653 Plantation St. to the existing zone line separating BL-1.0 & BO-2.0 zones.

          #103 CC November 1, 2005

Recommend Accept the Report of the Planning Board and Approve the Petition.

 

17.     Report of the Planning Board Upon the Petition of John Shea on behalf of the Planning Board request to amend the City of Worcester Zoning Ordinance by adding the following standard to Article V, sec. 5 (2) Standards for review: “Adequacy of plans and protective measures to ensure minimal risk of contamination to surface or ground water”.

          #104 CC November 1, 2005

Recommend the Petitioner be Given Leave to Withdraw.

 

18.     Report of the Planning Board Upon the Petition of John Shea on behalf of the Planning Board request to amend the City of Worcester Zoning Ordinance by adding the following limitation to Article IV Sec. 8 (III) (A): External activities, such as deliveries, noise, etc. shall be prohibited prior to 9:00 A.M. and after 5:00 P.M.

          #105 CC November 1, 2005

Hearing Recessed for future consideration when the Omnibus Zoning Ordinance is discussed.

 

19.     Report of the Planning Board Upon the Petition of Councillor Joseph M. Petty requesting to amend the Zoning Ordinance of the City of Worcester by amending Table 4.1: Uses permitted by zoning district, single-family, semi-detached dwelling from “SP” (Special Permit) to “N” (No) in  RS-7 and RS-10 zones.

          #41 CC September 27, 2005

Hearing Recessed for future consideration when the Omnibus Zoning Ordinance is discussed.

 

Chairman’s Order request the City Manager request the Planning Director provide the City Council with clarification of Article IV, section 6- (A)(6) of the proposed Zoning Ordinance.

 

Chairman’s Order request the City Manager request the Planning Director to provide the City Council with the total number of split lots that exist across the City.

 

Chairman’s Order request the City Manager request the Code Commissioner inspect the property at 15 Ararat Street for reports of illegal dumping.

 

Chairman’s Order request the City Manager request the Code Commissioner provide the City Council with a report detailing the impact to abutters if the MG-1.0 zone change line at 15 Ararat Street is moved to a point 25 feet from the east property line.