2007-03-19
Regular Meeting
Beverly City Council 7:00, PM March 19, 2007
Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda
Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Councilor Paul Guanci was
absent
Pledge of Allegiance to the Flag: Led by Councilor Hobin
Appointments:
Public Hearings and Presentations:
7:05 PM Public Hearing-Zoning Ordinance relative to height of buildings in certain zones
Refer to Leqal Affairs Council Public Hearinq Closed at 8:40
Immediately following PH -Pam Kampersal relative to Protecting Water Supply
Acceptance of Minutes:
Meeting of March 5, 2007
Communications from His Honor the Mayor:
#74
March 19,2007
Honorable City Council
City Hall
Beverly, MA 01915
Re: Innocenti Park
McPherson Youth Center
Seawall Improvements
Dear Honorable Council:
As you know, results from recent tests commissioned by the City of Beverly showed contamination beneath
the playing field at Innocenti Park and at the McPherson Youth Center site.
We have been working with our LSP (Licensed Site Professional) Mike Geisser of Alliance Environmental
Inc. to devise appropriate remediation of the site. He in turn has been working closely with the State
Department of Environmental Protection.
Due to the diligent efforts of our State Representative Mary Grant, the City of Beverly has received two
grants totaling $580,000 for improvements at Innocenti Park and the McPherson Youth Center. These
improvements include restoration of the skate park, resurfacing of playing courts and modifications to the
Youth Center building. Mary Grant's is to be commended, and I would like to publicly thank her for her fine
efforts.
The general thrust of the remediation as approved by the Department of Environmental Protection is straight
forward and simple; namely to put down a protective layer of geo-textile fabric and cover the entire area with
clean fill to a depth of two feet.
Beverly is clearly interested in remediating both sites as soon as practicable. Adding to the complexity of the
issue is the need to repair the seawall along the edge of the field and behind the Youth Center.
Combining the correction of the seawall with remediation of Innocenti Park and the Youth Center is very
important because the seawall improvements will yield contaminated excavate. Were that material to be
taken off site, the cost would be very great; but the opportunity exists to safely locate this material on the site
below the clean fill as part of the project.
Thus we need to repair the seawall at the same time we remediate the field and the Youth Center site.
The entire project is expected to cost approximately $830,000 or $250,000 more than the total of the two
grants. We will need to issue a bond for the remaining $250,000. With these funds we will be able to
remediate the field; remediate the areas around the Youth Center; repave the asphalted areas; make
necessary improvements to the skateboard park; make improvements to the Youth Center building and
correct the problems with the seawall. In other words we will be able to make all the desired improvements.
36
John Dunn, Finance Director, will obtain formal loan order language. We will need to set a Public Hearing for
the total expenditure, $580,000 of which will be reimbursed by the grants. Please set a Public Hearing for
April 17, 2007.
Having worked closely with DEP, we hope to have the field reopened for use in July as well as having made
improvements to the Youth Center by that time. Our schedule is ambitious, but the solution approved to
effect remediation allows for high productivity and optimism in our scheduling.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#75
March 19,2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Brian Chirco, 18 Myrtle Street, Beverly,
MA 01915, to serve as a member of the Parks and Recreation Committee.
Mr. Chirco will replace Arthur Powell who has resigned due to personal reasons and his term will be effective
until December 31, 2009.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#76
March 19,2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Charles McShane, 23 Beacon Street,
Beverly, MA 01915 to serve as a Registrar of voters.
His term will be effective until March 31, 2010.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#77
March 19,2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following to serve as members of the
Solid Waste Management Committee:
Ms. Toni Musante
12 Willow Street
Ms. Beatrice Mendez
8 Summer Street
37
Their terms to be effective until March 31, 2010.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
Communications from Other City Officers and Boards:
#1A
March 7, 2007
The Honorable City Council
Beverly City Hall
191 Cabot St.
Beverly, MA 01915
RE: Council Order #1: Proposed Zoning Amendment, Residential Reuse of Existing Public Buildings
Dear Honorable Council:
The Beverly Planning Board heard testimony on the above-referenced request at a Public Hearing on March
5, 2007. The public hearing was closed at this meeting and members discussed the request at a special
meeting immediately following. The Board then voted unanimously (5-0) to recommend to the City Council
that Council Order #1 be ADOPTED with the condition that the text reading, "and/or occupied" be deleted
from the second line of Section E.3.
Sincerely,
Richard Dinkin, Chairperson
Receive and Place on File
Communications, Applications and Petitions:
#78
Communication from Beverly Main Streets relative to their support of the Zoning Ordinance relative to
building height.
Receive and Place on File
#79
Beverly Farms-Prides Crossing 4th of July Committee request to hang banner over West Street for an event
on March 31,2007.
Refer to Leqal Affairs
#80
Request to appear before city Council regarding access to 865 Hale St.
Refer to Leqal Affairs
#81
Application Boston Chauffeur Service
Refer to Leqal Affairs
#82
Communication from Powers and Sullivan-Proposal for extension of auditing services
38
Refer to Finance and Property
Reports from Committees:
#74
The Committee on Finance and Property to whom was referred the matter of Loan Order Innocenti Park
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 hold a public hearing on Monday, April 2, 2007 at 7:05 PM in Council
Chambers, Third Floor, 101 Cabot St. Beverly, MA relative to a loan order in the amount for the total
expenditure, $580,000 expenditure, $580,000 for Innocenti Park The amount will be reimbursed by the
grants.
First Passage:
Public Hearing:
Final Passage:
March 19,2007
April 2, 2007
April 2, 2007
Order read once and adopted 8-0 Vote
#06-234 07-83
The Committee on Legal Affairs to whom as referred the matter of lease with Verizon have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying amended order and recommend its adoption
Ordered: That the Mayor be, and the same is hereby authorized to sign the attached renewal of a 20 year
lease agreement with Verizon.
Order read once and adopted 8-0 Vote
#1
The Committee on Legal Affairs to whom was referred the matter of Zoning Ordinance relative to reuse of
public owned buildings 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 adopt the enclosed Zoning Amendment with the recommendation from the
Planning Board that "and/or occupied" be deleted from the second line of Section E.3
PROPOSED AMENDMENT TO THE "RESIDENTIAL REUSE OF EXISTING PUBLIC BUILDINGS"
SECTION OF THE ZONING ORDINANCE (Section 29-23.E.)
1. Amend Section 29-23. E. of the Beverly Zoning Ordinance by striking the existing language of that
section and replacing it with the following:
"E Residential Reuse of Existinq and Former Public Buildinqs
1. Purpose - To provide for the productive reuse of existing or former public buildings for residential
purposes, and to provide affordable housing opportunities for low/moderate income households.
2. Use Regulation - In any zoning district, the City Council may allow by Special Permit the reuse of
an existing or former public building, as hereinafter defined, for residential purposes, provided that
ten percent (10%) of such allowed units are set aside for low or moderate income tenants or
owners as hereinafter defined. The Special Permit may allow a greater number of residential units
than would otherwise be permitted under the building and area requirements applicable to the
zoning district in which such building is located. In the case of units to be owned by low or
moderate income households, such units shall contain deed restrictions indicating that units shall
sell for no more than 75% of their appraised value at the time of sale. There shall also be a deed
restriction that ensures occupancy of the units by those of low or moderate income in perpetuity. In
the case of units to be rented, rents charged shall not exceed those established by the Federal
Department of Housing and Urban Development for the New Hampshire/Boston PMSA.
3. Public Building Defined - For purposes of this section, "public building" shall be defined as any
building currently or formerly owned by the City of Beverly or any of its departments, authorities, or
agencies.
39
4. Low or Moderate Income Household - For purposes of this section, "low or moderate income
household" shall be defined as those whose annual income falls within the income guidelines for
low or moderate income as determined by the Federal Department of Housing and Urban
Development for the New Hampshire/Boston PMSA.
5. Parking - Two (2) parking spaces shall be provided on-site for each unit.
6. Procedure - A special permit application and twelve (12) copies of a site plan meeting the
requirements of Section 29-28.C. of the Zoning Ordinance shall be filed with the Beverly City
Council and processed by the City Council in accordance with the provisions of M.G.L. Chapter
40A, Section 9 and, to the extent practical, the rules and regulations of the Planning Board with
respect to special permits.
In reviewing a special permit application under this Section, the City Council shall consider the
conditions outlined in Section 29-27.C.2. of the Zoning Ordinance, along with any other
considerations it deems advisable and reasonable within the parameters of M.G.L. Chapter 40A,
Section 9.
The City Council shall open a public hearing on the special permit application and provide the
applicant with initial feedback regarding the basic elements of the proposed project, including
density. Six (6) copies of the site plan (which may be amended to reflect Council feedback) shall
then be transmitted by the City Council to the Planning Board, which shall review the proposed site
plan and provide recommendations to the City Council for its consideration. The City Council shall
not close the public hearing on a special permit application until it has received a recommendation
from the Planning Board on the site plan, or until sixty-five (65) days have elapsed since the plans
were submitted to the Planning Board without the submission of a recommendation. The Planning
Board's review of a site plan submitted to it by the City Council for a project under this Section shall
be deemed compliance with Section 29-28.C., and no subsequent site plan review by the Planning
Board under Section 29-28.C. shall be necessary.
The City Council may elect to refer a special permit application or site plan to any other board,
commission, or city department for review and comment during the course of the public hearing.
7. The provisions of this Section are optional, and nothing herein shall require the City Council to
grant a Special Permit where it finds that the proposed project's overall impact on the general area
would be adversely affected. (E 1. - 9. Rev. 5-9-88, )"
Order read once and adopted 8-0 Vote
#51
The Committee on Legal Affairs to whom was referred the matter of application fro limo license NADRYD
have considered said matter and beg leave to report as follows, to wit:
Receive and Placed on File
Order read once and adopted 8-0 Vote
#57
The Committee on Legal Affairs and Accounts to whom was referred the matter of Zoning Ordinance relative
to signs 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 and the Planning Board hold a Joint Public hearing on Monday, May 7,
2007, at 7:05 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a Zoning
Ordinance Amendment relative to signs
Order read once and adopted 8-0 Vote
#58
The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Gregory
DiGiorgio as constable have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted 8-0 Vote
40
#60
The Committee on Legal Affairs to whom was referred the matter of Appointment Cable TV Advisory
Committee of Arthur Crandall have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adopted 8-0 Vote
#62
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T 15 minute parking
have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
I n the year two thousand and seven
An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic relative to 15 minute parking
That Chapter 14, Section 123, of the Revised Ordinances of the City of Beverly, 1989, be and the same is
hereby amended by adding the following:
DELETE:
West Street, three (3) spaces in front of #1 West St. between the hours of 6:00 AM
to 7:00 PM, 7 days a week
ADD:
West Street, three (3) spaces in front of #1 West St., between the hours of 6:00AM
to 8:00 PM, 7 days a week
This ordinance to take effect upon passage according to City Charter
First Passage:
Final Passage:
March 2, 2007
March 19,2007
Order read once and adopted 8-0 Vote Back to Legal Affairs
#70
The Committee on Legal Affairs to whom was referred the matter of communication relative to restoration of
City Property have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Refer to Planning, Zoning, Building and Engineers Office
Out of committee 2-1 Councilor Burke voting against
Order read once and adopted 7-1 Vote with Councilor Burke voting against
#79
The Committee on Legal Affairs to whom was referred the matter of banner over West Street have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Beverly Farms Prides Crossing 4th of July Committee be given permission to hang a
banner over West Street for an occasion March 31, 2007, provided that it is hung by a licensed rigger and
that the organization is property insured.
Order read once and adopted 8-0 Vote
#53
The Committee on Public Services to whom was referred the matter of Sewer problem at 15 Hobart Ave.
have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
41
Refer to City Solicitor
Order read once and adopted 8-0 Vote
#59
The Committee on Public Services to whom was referred the matter of appointment of members to the
Beverly Emergency Management Department have considered said matter and beg leave to report as
follows, to wit:
Recommend the council approve the appointments
Order read once and adopted 8-0 Vote
#69
The Committee on Public Services to whom was referred the matter of communication form Mass Dept of
Environmental Protection have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
Unfinished Business:
Resolutions:
Motions and Orders:
#84
By Councilor Martin:
Ordered: That the City Council's Budget Analyst updates the City Council quarterly, starting in April, on all
expenditures related to the new high school construction project.
Refer to Finance and Property 8-0 Vote
#85
By Councilor Guanci:
Dear Honorable Council,
At the request of Mr. Robert Gilbert of The Beverly Vietnam Veterans First Lieutenant Stephen H. Doane
Post #1, I am extending an invitation to the entire Beverly City Council to attend this year's Annual Military
Dinner Dance hosted by Post #1.
This year's event will take place on May 5, 2007 from 7:00pm until 11 :OOpm at the Vittori/Rocci Post on
Brimbal Ave. This year's special guests are the members of the Beverly High School Junior ROTC under the
direction of Colonel Lou Datillo USMC(Retired). Proper civilian attire or dress military uniform is required.
Tickets for the evening's festivities will be $22.50 per person to help defray the event's costs. To reserve
tickets please contact Mr. Robert Gilbert at 978.927.8554.
Respectfully,
Paul M. Guanci
City Council President
Receive and Place on File
#86
By Councilor Guanci
Dear Honorable Council,
Per request of the Beverly Homecoming Committee I hereby appoint City Councilor at Large, William
Coughlin and Ward Four City Councilor, Kevin Hobin to serve as council representatives to the Beverly
42
Homecoming Committee. I would ask both councilors to contact Mr. Robert Monahan at the Beverly
Cooperative Bank to let him know of the appointments and to obtain a meeting and event schedule. Mr.
Monahan is currently chair of the committee. I would also ask that Mr. Coughlin and Mr. Hobin report back to
the full council after each meeting.
Respectfully Requested,
Paul M. Guanci
City Council President
Order read once and adopted 8-0 Vote
Meeting adjourned: 10:02 PM
Frances A. Macdonald, CMC
City Clerk
43