City Council 9-9-24 City of Beverly
Regular City Council Meeting
Public Meeting Minutes
Monday,September 9,2024,7:00pm
City Council Chambers, 191 Cabot Street
Julie Flowers, City Council President, called the meeting to order at 7:00pm. City Clerk, Lisa Kent,took
attendance by roll call.
Members Present: Julie Flowers, Hannah Bowen, Brendan Sweeney,Todd Rotondo,Danielle Spang,
Steven Crowley, Scott Houseman, Kathleen Feldman, Matthew St. Hilaire
Members Absent:None
Also Present: Planning Director Darlene Wynne,Assistant City Solicitor Jesse Dole, and Airport Director
Gabriel Hanafin.
Councilor Feldman led the pledge of allegiance.
Acceptance of Minutes of Previous Meetin
Special City Council Meeting,August 19, 2024.
A motion to approve was made and seconded. A vote was taken,and the motion carried(9-0).
Communications from His Honor the Mayor:
Order#228—Reappointment—Mark Casey to serve on Trustees of David S. Lynch Public Park.
Referred to committee on Public Services.
Order#229—Reappointment Scott Dullea to serve on the Permanent Building Commission.
Referred to committee on Public Services.
Order#230—Reappointment—Robin Luna Whitman to serve on the Permanent Building Commission.
Referred to committee on public services.
Order#231—Approved of Leases with Multi Wing Aviation.
Referred to committee on Legal Affairs.
Order#187B—Order of taking easements in portions of Thaxton Road, Cumnock Street, and Old
Planters Road.
Referred to committee on Legal Affairs.
Order#187C—Order to layout and accept portions of Thaxton Road, Cumnock Street, and Old Planters
Road as public ways.
Referred to committee on Legal Affairs.
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Beverly City Council Meeting Minutes—September 9.:024,page I of5
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Communications, from other City Officers and Boards:
Order#187A—Ellen Hutchins,Chair of the Planning Board,recommendation from the Planning Board
relative to proposed order#187-2024.
Referred to committee on Legal Affairs.
Order#232—City Clerk—An application for a new Fortune Teller License for Christine Rivera,4
Kernwood Ave.
Referred to committee on Legal Affairs.
Order#233—City Clerk—A renewal application for John DiVincenzo to sell Christmas Trees at 294
Elliott Street.
Referred to committee on Legal Affairs.
Order#234—CPC—Community Preservation Committee Fiscal Year 2025 Proposed CPA Budget.
Referred to committee on finance and property to set public hearing.
Order#235—Councilor St. Hilaire—Reappointment for Elizabeth Dunne as a Ward 6 Representative to
serve on the Open Space and Recreation Committee.
Referred to committee on Legal Affairs.
Order#236—Planning Director, Darlene Wynne—Request to set a public hearing to review amendments
to Beverly Zoning Ordinance to comply with M.G.L. Chapter 40A Section 3A(MBTA)Communities
Act.
Referred to committee on Legal Affairs to set public hearing.
Order#237—Planning Director,Darlene Wynne—Request to waive the City's Right of First Refusal on
resale of affordable housing unit.
Referred to committee on Legal Affairs.
Order#209A—Richard Benevento, Parking and Traffic Chair—Order No. 209-2024 regarding
Councilor. St. Hilaire's request Amendment to ordinance 270-41 to prohibit parking at 54 Middlebury
Lane 18' from driveway towards fete's Park.
Referred to committee on Legal Affairs.
Communications.Aaolication and Petitions-
Order#238—National Grid—Petition#30996478 to install underground facilities on Balch Street.
Referred to committee on Public Services to set public hearing.
Order#239—Herman and Penner, P.C-Petition to discharge a Municipal Mortgage of Suzanne R.
Audette,Trustee,352 Cabot Street Realty Trust.
Referred to committee on Legal Affairs.
Beverly City Council Meeting Minutes—September 9,2024,page 2 oj5
Order#240—Notice of Availability Phase IV Status Report Former Varian Facility Site, 150 Sohier
Road
A motion to receive and place on file was made and seconded. A vote was taken, and motion carried
(9-0).
Order#241 —Coastal Mass Brewing—A waiver of the city ordinance Ch. 113-2 prohibiting possession
or consumption of alcohol on a public way or in public spaces.
Referred to committee on Legal Affairs.
Unfinished Business from a previous meeting:
Order#209--Councilor St. Hilaire—A request to refer this order to Parking and Traffic Commission for
an amendment to City Ordinance 270-41 regarding"Prohibited parking at all times"at the area of 54
Middlebury Lane and Pete's Park.
Referred to committee on Legal Affairs.
Motions and orders:
Order#130—A request to make an amendment to Ordinance Section 270-66 Downtown Beverly
Parking District. (Final Passage)
Jesse Dole,Asst. City Solicitor, briefly clarified the amendment to the order and Councilor Spang noted
the red line change is reflected in subsection C.
A motion to approve as amended was made and seconded. A vote was taken,and motion carried(9-0).
Order#188—A proposed Revisions of City of Beverly Ordinance 249"Stormwater Management"(Final
Passage).
A motion to approve was made and seconded. A vote was taken, and motion carried(9-0).
Order#191 —A proposal to amend Ordinance 270-42A regarding parking during certain months (Final
Passage).
A motion to approve was made and seconded. A vote was taken, and motion carried(9-0).
A motion to break for committee work was made and seconded. A vote was taken,and motion carried
(9-0).The meeting recessed at 7:16pm.
President Flowers called the meeting back to order at 7:52pm.
Reports of Committees:
Public Services.-
Order#238—National Grid--Petition 930996478 to install underground facilities on Batch Street
A motion to set the public hearing as recommended on September 23,2024, at 7:40pm was made and
seconded. A vote was taken, and motion carried (9-0).
Beverly City Council Messing Minutes—Sepfent6er 9,2024,page 3 of 5
Finance and Property:
Order#234—CPC—Community Preservation Committee Fiscal Year 2025 Proposed CPA Budget.
A motion to set the public hearing as recommended on September 23,2024, at 7:50pm was made and
seconded. A vote was taken, and motion carried(9-0).
Legal Affairs:
Order#187A—Ellen Hutchins, Chair of the Planning Board,recommendation from the Planning Board
relative to proposed order#187-2024.
A motion to receive and place on file was made and seconded. A vote was taken,and motion carried
(9-0).
Order#187B—Order of taking easements in portions of Thaxton Road,Cumnock Street, and Old
Planters Road.
A motion to accept the proposal and adopt the order was made and seconded. A vote was taken, and
motion carried(9-0).
Order#187C—Order to layout and accept portions of Thaxton Road, Cumnock Street,and Old Planters
Road as public ways.
A motion to accept the proposal and adopt the order was made and seconded. A vote was taken,and
motion carried(9-0).
Order#227—Paul Gentile,Gentile Brewing Company -Request a waiver of the city ordinance Chapter
113-2 prohibiting possession or consumption of alcohol on a public way or in public spaces.
A motion to accept the proposal and adopt the order was made and seconded. A vote was taken, and
motion carried(9-0).
Order#232—City Clerk—An application for a new Fortune Teller License for Christine Rivera,4
Kernwood Ave,
A motion to accept the proposal and adopt the order was made and seconded. A vote was taken, and
motion carried(9-0).
Order#233—City Clerk—A renewal application for John DiVincenzo to sell Christmas Trees at 294
Elliott Street.
A motion to accept the proposal and adopt the order was made and seconded. A vote was taken, and
motion carried(9-0).
Order#235—Councilor St. Hilaire—Reappointment for Elizabeth Dunne as a Ward 6 Representative to
serve on the Open Space and Recreation Committee.
A motion to accept the proposal and adopt the order was made and seconded. A vote was taken,and
motion carried(9-0).
Beverly City Council Meeting Minutes—September 9,2024,page 4 of 5
Order#236—Planning Director,Darlene Wynne—Request to set a public hearing to review amendments
to Beverly Zoning Ordinance to comply with M.G.L. Chapter 40A Section 3A(MBTA)Communities
Act.
President flowers mentioned the public hearing will be a joint meeting between the City Council and
Planning Board.
A motion to set a public hearing as recommended on October 7,2024, at 7:30pm was made and seconded.
A vote was taken, and motion carried(9-0).
Order#237—Planning Director,Darlene Wynne—Request to waive the City's Right of First Refusal on
resale of affordable housing unit.
A motion to accept the proposal and adopt the order was made and seconded. A vote was taken,and
motion carried(9-0).
Order#239—Herman and Penner, P.C-Petition to discharge a Municipal Mortgage of Suzanne R.
Audette,Trustee,352 Cabot Street Realty Trust.
A motion to accept the proposal and adopt the order was made and seconded. A vote was taken, and
motion carried(9-0).
Order#241—Coastal Mass Brewing—A waiver of the city ordinance Ch. 113-2 prohibiting possession
or consumption of alcohol on a public way or in public spaces.
A motion to accept the proposal and adopt the order was made and seconded. A vote was taken, and
motion carried(9-0).
President flowers confirmed the Legal Affairs committee will meet Monday, September 16,2024, at
6:30pm in the Conference Room, V Floor at City Hall.
A motion to adjourn was made and seconded. A vote was taken, and the motion carried(9-0).
The meeting adjourned at 7:59pm.
Beverly City Council Meeting Minutes—September 9,2024,page 5 of 5
Matthew J. St. Hilaire-Chair
Julie R. Flowers
Brendan S. Sweeney
Finance and Property/City Council Committee of the Whole Meeting Minutes
Monday, September 9, 2024, 7:00pm
Within the Confines of the City Council Meeting
Beverly City Hall,3rd Floor, 191 Cabot St.
St. Hilaire called the meeting to order at 7:18pm.
Members present: Julie Flowers, Brendan Sweeney, Matthew St. Hilaire
Members absent: None
Order Date to Description Action Taken
Number Committee
#116 4/8/2024 2024 Capital Expenditure Plan pursuant to the Hold
CityCharter.
#177 6/3/2024 Councilors Sweeney and Bowen-A letter Hold
regarding second water meters.
Recommend
the Council to
Community Preservation Committee Fiscal set a public
#234 9/9/2024 year 2025 Proposed CPA Budget. hearing on
September 23,
2024, at
7:50 m 3-0 .
A motion to adjourn was made and seconded, A vote was taken, and motion carried (3-0).
Meeting adjourned at 7:21pm.
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Meeling Minvies—September 4,202d,page 1 of i
Scott D. Houseman-Chair
Todd C. Rotondo
Kathleen M. Feldman
Legal Affairs 1 City Council Committee of the Whole Meeting Minutes
Monday, September 9, 2024, 7:00pm
Within the Confines of the City Council Meeting
Beverly City Hall,311 Floor, 191 Cabot St.
Houseman called the meeting to order at 7:18pm.
Members present: Kathleen Feldman,Todd Rotondo, Scott Houseman
Members absent:None
Also present: Airport Director Gabriel Hanafm, Planning Director Darlene Wynne, Assistant City Solicitor
Jesse Dole.
Order Number Date to Committee Description Action Taken
Councilor Houseman-A letter regarding the Recommend the
#034 1/16/2024 Subcommittee on Legal Affairs initiatives in Council receive and
the new term. place on file. (3-0)
Proposed Amendments to City Ordinance
#101 3/18/2024 Section 15-37 Human Rights Committee; Hold
Amendments to Modify Committee Member
Qualifications.
Ellen Hutchins, Chair of the Planning Board,
recommendation from the Planning Board Recommend the
#187A 9/9/2024 relative to proposed order#187-2024. Council receive and
place on file. (3-0).
Order of taking easements in portions of
#187B 9/9/2024 Thaxton Road, Cumnock Street, and Old Recommend the
Council approve (3-0).
Planters Road.
Order to layout and accept portions of Recommend the
I87C 9/9/2024 Thaxton Road, Cumnock Street, and Old Council to approve
Planters Road as public ways. (3-0).
Councilor St. Hilaire—A request to refer this
order to Parking and Traffic Commission for
#209 9/9/2024 an amendment to City Ordinance 270-41 Hold
regarding"Prohibited parking at all times" at
the area of 54 Middlebury Lane and Pete's
Park.
Richard Benevento, Parking and Traffic
Chair—Order No. 209-2024 regarding Cllr.
#209A 9/9/2024 St. Hilaire's request Amendment to Hold
ordinance 270-41 to prohibit parking at 54
Middlebury Lane 18' from driveway
towards Pete's Park.
Meeting Minutes—September 9,2024,page 1 of 3
Order Number Date to Description Action Taken
Committee
#222 8/19/2024 City Clerk-Change of company name for Hold
existing Petroleum Storage Registration.
City Clerk-A discontinuance for Bridge
Street Automotive/MTB Enterprises 83-85
#224 8/19/2024 Bridge Street if the new application for new Hold
ownership (Order#223-2024) is approved.
Paul Gentile, Gentile Brewing Company-
Request a waiver of the city ordinance Recommend the
#227 8/19/2024 Chapter 113-2 prohibiting possession or Council to approve
consumption of alcohol on a public way or (3-0).
in public spaces.
#231 9/9/2424 Approved of Leases with Multi Wing Hold
Aviation.
City Clerk—An application for a new Recommend the
#232 9/9/2024 Fortune Teller License for Christine Rivera, Council to approve
4 Kernwood Ave. (3-0).
City Clerk—A renewal application for John Recommend the
#233 9/9/2024 DiVincenzo to sell Christmas Trees at 294 Council to approve
Elliott Street. (3-0).
Councilor St. Hilaire—Reappointment for Recommend the
#235 9/9/2024 Elizabeth Dunne as a Ward 6 Representative Council to approve
to serve on the Open Space and Recreation
Committee.
Planning Director, Darlene Wynne—
Request to set a public hearing to review Recommend the
#236 9/9/2024 amendments to Beverly Zoning Ordinance to Council to set a public
comply with M.G.L. Chapter 40A Section hearing for October 7,
3A (MBTA) Communities Act. 2024, at 7:00pm(3-0).
Planning Director,Darlene Wynne— Recommend the
#237 9/9/2024 Request to waive the City's Right of First Council to approve
Refusal on resale of affordable housing unit. (3-0),
Herman and Penner, P.C-Petition to Recommend the
#239 9/9/2024 discharge a Municipal Mortgage of Suzanne Council to approve
R. Audette, Trustee, 352 Cabot Street Realty (3-0)
Trust.
Coastal Mass Brewing—A waiver of the city
ordinance Ch. 113-2 prohibiting possession Recommend the
#241 9/9/2024 or consumption of alcohol on a public way Council to approve
or in public spaces. (3-0).
Houseman asked clarifying questions to Jesse Dole, Asst. City Solicitor, about the properties relative to Order
#187 A and B. Houseman also asked about objections from residents and/or other City Departments.
Meeting Minutes—September 9,2024,page 2 of 3
Airport Director, Gabriel Hanafin, discussed Order#231 with Houseman related to details of the request.
Houseman briefly discussed the renewal application for a Fortune Tellers License relating to Order 4232 with
the applicant.
Houseman called to order Committee of the Whole at 7:25pm.
A motion to set a public hearing on September 23, 2024, at 8:1 Opm relative to Order #236 was made and
seconded. A vote was taken, and motion carried (3-0). Darlene Wynne, Planning Director, mentioned the timing
of the public hearing for Order#236 with legal advertisements and noted that the public hearing should be
October 7, 2024, at 7:OOpm
A motion to amend the vote was made and seconded. A vote was taken, and motion carried (3-0).
Darlene Wynne, Planning Director, briefly spoke in support of Order#237.
A motion to recess the Committee of the Whole was made and seconded. A vote was taken, and motion carried
(9-0).
A motion to adjourn the Legal Affairs Committee meeting was made and seconded. A vote was taken, and
motion carried (3-0).
Meeting adjourned at 7:50pm.
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Meeting Minutes—September 9,2024,page 3 of 3
Hannah L. Bowen-Chair
Steven M. Crowley
Danielle M. Spang
Public Services/City Council Committee of the Whole Meeting Minutes
Monday, September 9, 2024, 7:00pm
Within the Confines of the City Council Meeting
Beverly City Hall, 3" Floor, 191 Cabot St.
Bowen called the meeting to order at 7:18pm.
Members present: Steven Crowley,Danielle Spang, Hannah Bowen
Members absent: None
Order Number Date to Description Action Taken
Committee
Councilor Spang-Constituent Inquiries
#226 8/19/2024 relating to Public Services Committee Hold
Work.
Recommend
the Council to
National Grid—Petition#30996478 to set a public
#238 9/9/2024 install underground facilities on Balch hearing for
Street. September 23,
2024, at
7:40 m 3-0 .
A motion to adjourn was made and seconded. A vote was taken, and motion carried (3-0).
Meeting adjourned at 7:25pm.
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Meeting Minutes—September 9,2024,page I of I