2000-02-22Regular Meeting of Beverly City Council February 22,
2000
Roll Call: councilors present: Guanci, Martin, McGWnn, McMahon, Smith,
Troubetaris, Flaherty Councilors Costa and Murray were absent
Pledge of Allegiance to the Flag: Ledby Councilor Martin
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of February 7, 2000 as amended
Communications from His Honor the Mayor:
Communications from other City Officers and Boards
#63
Honorable City Council
City Hall
Bevedy, MA
Dear Councilors,
RE: Letter to amend Ordinance request for Hale St., area of 231 Hale St.
We have been asked to look into the possibility of eliminating some of the NO
PARKING restrictions on Hale St., easterly side from Brackenbury Lane to just before
ChapmaWs Corner. Residents have sent a petition to Councilor McGlynn and
myself and we have met and talked about this.
Please take the necessary action to amend City of Beverly Revised Ordinances as
follows:
DELETE: C14 Sac 120, Hale St., easterly side, from Neptune St. to front of No. 245 Hale
St.
ADD: C14 Sac. 120, Hale St., eastedy side, from Neptune St. to Brackenbury Lane.
ADD: C14, Sac 120 Hale St., easfedy side from 233 Hale St. to 245 hale St.
This would allow the residents of 231 Hale St. to park in front of their house and not
impact the rest of the area.
Very truly yours,
Dennis O. Tarsoak, Traffic Sergeant
Referred to Leqal Affairs and Accounts
#64
allowance. The estimated cost of this additional increase will be approximately
$63,335 per year. In future years, the retirement board may elect to grant a cost of
living increase to its retirees at a maximum of 3% without City Council approval. The
legislature body, however must receive a 33 day notice in advance of a publicly
posted meeting by the retirement board.
If you have any questions, please do not hesitate to contact me anytime.
Sincerely,
Louis D. Bennett, Chairman
Bevedy Retirement Board
Referred to Leaal Affairs and Accounts
://:65
COMMONWEAL TH OF MASSACHUSETTS
WILLIAM FRANCIS GAL VIN
SECRETARY OF THE COMMONWEALTH
GREETINGS:
In the name of the Commonwealth you are hereby required to noaJ~ and warn the
inhabitants of said town who are q_~_~_n_!_i. fied to vow in PHmades to vote at the following
Ward 1, Precina 1, Ryal Side Ayers School
Ward 1, Precinct 2, Ryal Side Ayers School
Ward 2, Precinct l, Beverly Public Library
Ward 2, Precinct 2, Bevedy Public Libroty
Ward 3, Precinct 1, McKeown Elementa~ School
Ward 3, Precinct 2, McKeown Elementary School
Ward 4, Preeina l, Cove Elementary School
Ward 4, Precinct 2, Senior Center
Ward 5, Precinct 1, Second Congregational Church
Ward S, Precina 2, North Beverly Elementary School
Ward 6, Precinct 1, St John~ Episcopal Church
Ward 6, Precinct 2, Centerviae Elementary School
TUESDAY, THE SEVENTH DAY OF MARCH, 2000, from 7:00 c~nt to 8:00 l~nt
for the following purpose:
To cast their votes in the Presidential Primary f or the ca..dL4__at_es of pofitical parties f or
the following offices:
Preside..~! Preference
State Comm_#tee Man
State Committee Woman
Ward or Town Committee
For the Commonwealth
Second Essex Senatorial Distri~
Second Essex Senatorial Distria
City of Beverly
#66
Minutes of Beverly harbor Management Authority from meeting of February 3, 2000
Reterrecl to Leaal Affairs an¢~ Accounts
Communications, Applications and Petitions
#67'
Application Class III MVDL J & P Used Auto Parts, 13.25 Creek St
Referred to Leqal Affairs and Accounts
#68
Application Limo License-Logan Express, inc., 70 Brimhal Avenue
Reterrecl to Leaal Affairs ancl Accounts
#69
Communication from citizens from Brackenbury Lane re parking on Hale Street
Referred to Leaal Affairs and Accounts
#70
Communication relative to Earth Day 2000
Receive and Place on File
#71
Request by St. Mary's Church to hang a banner, over Cabot Street form Feb. 24 to
Marcy 10, 2000.
Referrecl to Public Service and Aid
Reports from Committees:
#34
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application Lodging House License, Jackson Rooming House, 32 Broadway have
considered said matter and beg leave to report as follows, to wit:
Recommend the License be granted subject to review on March 27, 2000
#40
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Rules and Orders of City Council have considered said matter and beg leave to
report as follows. to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council accept the Rules and Orders of the City Council as
presented.
Order Read once and Adopted 7~) VOTE
#43
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Zoning Ordinance changes have considered said matter and beg leave to report
as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
in the year two thousand
AN ORDINANCE amending an ordinance entitled "Zoning"
Be it ordained by the city council of the City of Beverly as follows:
Chapter 29, Section 2 Definitions of the revised ordinances of the city of Beverly, 1989,
be, and the same is hereby amended as follows:
29-2 #17 (New definition) "DOMESTIC EMPLOYEE Person actually employed
upon a premises "for monetary compensation" by the resident family thereof for
not less than 30 hours per week and who provided domestic services to such
family
2. 29-2 #17 (Revised definition) Dwelling ... a Dwelling Unit - One or more living and
sleeping rooms providing complete living facilities for the use of one or more
individuals constituting a single family, with permanent provisions for living,
sleeping, eating, cooking and sanitation. The term shall not include hotel, motel,
bed and breakfast, rooming house, hospital, or other accommodation used for
transient lodging
3. 29-2~19 FAMILY (Revised definition) In all instances except as in B hereafter
One or more persons occupying a dwelling unit and living and cooking
Together on the promises as a single, non-profit, housekeeping unit and further
defined as one of the following:
Any number of persons related by blood, by adoption, by foster home
placement, and/or by marriage.
Up to and including four persons not related to each other by blood, by
adoption, by foster home placement, and/or by marriage.
A combination of Demons related bv blood. bv adoption. bv foster home
4. 29-2 #23 Frontage - add to the end of the first sentence: "for the purpose of this
ordinance, only sufficient frontage on one of the following types of ways shall be
recognized for zoning purposes:
a public way or a way with certified by the City Clerk that is maintained and
used as a public way
a way shown on a plan approved and endorsed by the Beve~y Planning
Board in accordance with the Subdivision Control Law, or
a way physically in existence when the Subdivision Control Law became
effective in Beverly having, in the opinion of the Planning Board, sufficient
width, suitable grades, and adequate construction to provide for the needs
of vehicular traffic in relation to the proposed use of the land abutting
thereon or served thereby, and for the installation of municipal services to
serve such land and the buildings erected or to be erected thereon."
5. 29-2 B fr27 NOT ADOPT
6. 29-5 B fr23 M add fffi The fees forthe required reviews shall be as follows:
Application fee for signs and canopies: $2.00 per Sq. Ft.
Application fee for new building construction $100.00
7. 29-24 NOT ADOPT
8. 29-24 E. a. add to the end of the last sentence-adhering to the requirements of the
State Building Code and shall provide for safe pedestrian access in and around such
parking areas as required buy 780 CMR 1001 through 780 CMR 1009 inclusive as
those regulations may be amended from time to time.
9. 2930 NOT ADOPT
This ordinance to take effect as provided by city Charter
Fimt Reading: February 22, 2000
Final Passage: March 6, 2000
Order read once and held for final passaae as per Charter Provision 7-0 Vote
#52
The Committee on Legal Affairs and Accounts to whom was referred the matter of
acceptance of deed to parcel "B" Winthrops Grant have considered said matter
and beg leave to report as follows, to Wit:
Ordered: That the City Council amend order 99-330 to
read "...to acceet the deed to parcel "B" of the Winthrop's
Grant subdivision."
Referred back to Committee on Leqal Affairs and Accounts 7-0 Vote
#53
#54
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Proposals from NEXTEL have considered said matter and beg leave to report as
follows, to wit:
Submil the accompanying ordinance and recommend its adoption
ORDERED: That the Mayor be and the same is hereby authorized fo sign the
attached Communication site Lease Agreement (Tower) with NEXTEL.
Order read once and adopted 7-0 Vote
#59
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication from Metricore relative to proposal have considered said matter
and beg leave to report as follows. to wit:
Receive and Place on File
Order read once and adopted 7-0 Vote
#31
The Committee on Public Service and Aid to whom was referred the matter of
request for reimbursement for a free removed in error have considered said matter
and beg leave to report as tollows. to wit:
Submit the accompanying order and recommend its adoption
ORDERED: That the City Council DENY the request for reimbursement of $700.00 for
a free removal, Francis Kennedy, 57 Ober St.
Order read once and adol~ted 7-0 Vote
#45
The Committee on Public Service and Aid to whom was referred the matter of
reappointment Board of Library Trustees Katherine Fanning. Kevin O'Reilly and
John Young have considered said matter and beg leave to report as follows, to
wit:
Recommend the Council approve the Appointments
Order read once and adopted 7-0 Vote
#46
The Committee on Public Service and Aid to whom was referred the matter of
Appointment to Master Plan Steering Committee Charles Zarba and William
Roodenbaugh have considered said matter and beg leave to report as follows, to
wit:
The Committee on Public Service and Aid to whom was refen'ed the matter of St.
Mary's request to hang banner have considered said matter and beg leave to
repod as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That St. Mary Star of the Sea Padsh be granted permission to hang a banner
across Cabot Street from February 24, 2000 to March 10, 2000 provided they are property
insured and that the banner is hung by a licensed rigger.
Order read once and adopted 7-0 Vote
#36
The Committee on the Whole to whom was referred the matter of Communication
from relative to hiring of Director of Public Services have considered said matter
and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 7-0 Vote
#44
The Committee on the Whole to whom was referred the matter of Waiver of Right of
First Refusal-Dallas Property off Essex Street have considered said matter and beg
leave to repod as follows, to wit:
Submit the accompanying order and recommend its adoption
ordered: That the City Council waive their right to
purchase the parcels of land listed below
1. Beverly Assessor's Map 57, LOt 2 and
2. Beverly ' 45, Lot 26 excluding p
portion
Order read once and adopted 7-D Vote
#49
The Committee on the Whole to whom was referred the matter of Communication
from Open Space and Recreation have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
Order read once and adopted 7-0 Vote
#72
The Committee on Public Service and Aid to whom was referred the matter of
Media One coverage have considered said matter and beg leave to report as
Unfinished Business:
The following ordinance was read into council minutes and held for final passage
after advedising:
#18 Ordinance Motor Vehicles and Traffic Isolated Stop Signs, Hathaway at Budey
Resolutions:
Motions and Orders:
#72
By Councilor Donald Martin:
Ordered: That the City strongly urge Media One to resume the taping and
broadcasting of all City Council meetings and that Media One send a
representative to the next Public Service and Aid Committee meeting to explain
why this service is not being offered to the residents of Bevedy
Referred to Public Service and Aid
#73
By Councilor Donald Martin
ORDERED: That the City's Planning Board strongly consider retaining consultant
engineering services to review any future development plans for the so-called
"Dallas" property on Bsex Street. Said review should include an analysis of the
drainage impacts of the proposed development on the abutting properties,
including the Willow Pond Subdivision
Referred to Leaal Affairs and Accounts
#74
By Coundlor Virginia McGlynn:
ORDERED: That the Committee on Public Service and Aid invite Mr, Frank Killilea
and Mr. Brian Moriarly to their meeting on Februan/28, 2000 at 6:30 PM to discuss
Second Water Meters.
Referred to Public Service and Aid
Meeting adjourned: 8:55 PM Frances A. Macdonald, CMC
City Clerk