2007-06-18
Regular Meeting
Beverly City Council 7:00, PM June 18, 2007
Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda
Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci
Pledge of Allegiance to the Flag: Led by Councilor Martin
Appointments:
Public Hearings and Presentations:
7:05 PM Joint Public Hearing-rezoning lots on Rantoul Street
Refer Leqal Affairs
8:00 PM Public Hearing FY 2008 Budget
Refer to Finance and Property
Acceptance of Minutes:
Special Meeting of May 24, 2007 and Regular meeting of June 4, 2007
Communications from His Honor the Mayor:
#159
June 14, 2007
Mr. Paul Guanci
54 Cross Lane
Beverly, MA 01915
Dear Paul:
It is my pleasure to inform you that we have hired, subject to your confirmation, Mr. Steven R. Frederickson,
272 Salem Street, Lynnfield, MA 01940 to be the Director of Municipal Inspections for the City of Beverly.
Mr. Frederickson has been Building Commissioner in the Town of Lexington for 22 years. His extensive
resume is enclosed. He is fully licensed and certified. He is also a Registered Professional Engineer.
We are confident that Mr. Frederickson will add strength to the Building Department. He will join us in early
July. Bob Nelson, currently the Director of Municipal Inspections, has given notice that he plans to retire with
his last day of work being July 6th of this year.
I would much appreciate your early confirmation of this important appointment. Perhaps you would like
Steven to appear before the Council at the Committee of the Whole meeting June 25th with the intent to vote
on the appointment at your Council meeting on the 28th. Pauline Teixeira can arrange his presence as
required. Thank you.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Leqal Affairs and Committee of the Whole
#160
June 18, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council waive the residency requirement for Dai Shi as explained in the
attached letter from Planning Director, Tina Cassidy.
Ms. Dai Shi is a landscape architect and presently serves as a member of the Design Review Board. Thank
you for your consideration of this request.
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Very truly yours,
William F. Scanlon, Jr., Mayor
Order Approved 9-0 Vote
#161
June 18, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following members of the Conservation
Commission:
William Squibb
509 Cabot Street
Mary Reilly
14 Prospect Street
Their terms to be effective until June 30,2010.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Leqal Affairs
#162
June 18, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Bruce S. Hall, 282 Washington Street, Salem,
MA 01970, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process.
Attached is his application which has been approved by Police Chief John Cassola.
Mr. Hall's term will be effective until July 1,2010.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Leqal Affairs
#163
June 18, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following members of the Beverly Golf
and Tennis Commission:
Gary Lambert, Recreation Commission Representative
9 Bass River Road
Effective until February 1, 2009
Martin Lawler
36 Ellsworth Avenue
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Effective until February 1, 2010
Richard Barger
63 Neptune Street
Effective until February 1, 2010
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Leqal Affairs
Communications from Other City Officers and Boards:
#164
Communication from Board of Appeal relative to an Application to the Zoning Board of Appeals for a
Comprehensive Permit Pursuant to Mass. General Laws Chapter 40B: Holcroft Park Homes, LLC - 5,9, 17-
19,21,25,33 & 37 Mill Street and 10,22 and 28-30 Grant St.
Refer to Leqal Affairs
#103A
June 12, 2007
Ms. Frances A. Macdonald, City Clerk
City Hall, 191 Cabot Street
Beverly, Massachusetts 01915
RE: CITY COUNCIL ORDER #103 - PROPOSED ZONING AMENDMENT: INCLUSIONARY ZONING
Dear Ms. Macdonald:
The Beverly Planning Board held a joint public hearing with the City Council on Monday, May 21, 2007, to
consider proposed changes to the Zoning Ordinance relative to affordable housing. The proposed
amendments include the creation of a new section entitled "Inclusion of Affordable Housing" (Section 29-
34.1) and adding definitions pertaining to affordable housing to Section 29-2. Planning Board Members
convened a special meeting on June 4, 2007 and after some discussion, voted unanimously to recommend
to the City Council that Order#103 be ADOPTED.
The Planning Board recommended adoption of the Ordinance with the following changes incorporated:
1. Amend Subsection B.1. by replacing the number "five (5)" with the number "ten (10)" every time
that it occurs.
2. Add new Subsection B.3., which states: "3. Any other development with dwelling units to which
this Section does not otherwise apply may elect to be subject to this Section, provided the
development meets all applicable requirements herein. Special permits authorized under this
Section for developments with ten (10) or more dwelling units may also be granted to any other
development with dwelling units, in the discretion of the Planning Board."
3. Amend Subsection G.2.b. by adding the words, "R-15, R-10," after the word, "R-22".
4. Amend Subsection G.2.b. by adding the phrase, "; or for a development in any other zoning district
if the applicant provides at least 50% of the minimum required number of units as on-site units."
after the words, "WD district".
5. Amend Subsection G.2.c. by deleting the word "or" found after the word "Authority" and inserting a
"," in its place: by deleting the "," found after the word "Inc.": and by adding the phrase, "or a
comparable entity, as determined at the discretion of the Planning Board," immediately after.
6. Delete Subsection G.3. in its entirety.
7. Amend Subsection H.1.d. by adding the words "and CG" after the word "CN" and by adding a "s" to
the word "district" the first time that it appears.
8. Add new subsection H.1.e., which states, "In the CC district, for each on-site affordable unit, the
applicant may propose one additional dwelling unit over the number of units that would otherwise
be permitted in the district. The minimum lot area shall not be less than 85% of the minimum lot
area per dwelling unit, as set forth in Section 29-17(D).
9. Amend all Subsection references to include Section letters.
10. Amend Subsection MA by deleting the phrase, "The Planning Department shall not sign off on a"
and replacing it with the word, "No", and by adding the phrase, "shall be issued" after the phrase
"certificate of occupancy".
A copy of the Ordinance with the proposed changes highlighted in red is attached for your use.
Respectfully,
Richard Dinkin, Chairperson
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Refer to Leqal Affairs
#104A
Memorandum from City Planner Tina Cassidy
The proponent of the pending zoning request cited above (which request that a portion of Lot 107 on
assessors map 20 be rezoned from IG to CC) dropped off the enclosed information and asked if we could get
it to the City Councilors and Planning Board members in advance of Monday evening's meeting.
The documentation describes the type of development that the owner plans to construct on the parcel if the
zoning is in fact changed, and the owner wanted to provide as much information in that regard as is available
at the moment.
Receive and Place on File
#165
June 18, 2007
Beverly City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
The Estate of Susan A. DiLorenzo has proposed to make a number of donations to the City of Beverly.
Those donations are as follows:
1. $16,405.48 to the Beverly Senior Center
2. $16,405.48 to the Beverly Public Library
3. $158,400.00 to Beverly High School for the purposes of establishing a scholarship fund in the
names of Mary L. DiLorenzo and Susan A. DiLorenzo, which funds will provide scholarship
assistance to graduating students of Beverly High School based on financial need.
Please take a vote at your earliest convenience to accept such funds from the estate of Susan A. DiLorenzo
for the purposes noted.
Very truly yours,
John P. Dunn, Finance Director
Refer to Finance and Property
Communications, Applications and Petitions:
#166
Application for Livery License Cab Express
Refer to Leqal Affairs
#1048 Late File
June 18, 2007
Ms. Frances A. Macdonald, City Clerk
Beverly City Hall
191 Cabot St.
Beverly, MA 01915
RE: Recommendation from Planning Board #104, Request to Rezone portion of Lot at 480-486 Rantoul
Street from General Industrial (IG) to Central Business (CC)
Dear Ms. Macdonald:
At a meeting of the Beverly Planning Board held on Monday, June 18, 2007, members of the Board voted
unanimously to recommend to the City Council that the above referenced City Council Order #104 be
adopted.
Sincerely,
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Richard Dinkin, Chairperson
Receive and Place on File
Reports from Committees:
#111
The Committee on Finance and Property to whom was referred the matter of Communication from Solicitor
relative to closure of landfill 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 approve the method chosen for legally closing the Landfill located off Brimbal
Avenue
Order read once and adopted 9-0 Vote
#165
The Committee on Finance and Property to whom was referred the matter of donation to the City of Beverly
have considered said matter and beg leave to report as follows:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council accept the following donations to the City of Beverly
1. $16,405.48 to the Beverly Senior Center
2. $16,405.48 to the Beverly Public Library
3. $158,400.00 to Beverly High School for the purposes of establishing a scholarship fund in the
names of Mary L. DiLorenzo and Susan A. DiLorenzo, which funds will provide scholarship
assistance to graduating students of Beverly High School based on financial need.
Order read once and adopted 9-0 Vote
#103
The Committee on Legal Affairs to whom was referred the matter of Ordinance-Zoning relative to Inclusion
of Affordable Housing have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended ordinance and recommend its adoption
In the year two thousand and seven
An Ordinance amending an ordinance entitled Zoning
Ordinance read once and referred back to Committee on Leqal Affairs 9-0 Vote
#104
The Committee on Legal Affairs to whom was referred the matter of Ordinance-Rezoning 480-486 Rantoul St. have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
Ordered: That the City Council approve the request of Rantoul Street LLC and Force Realty LLC, owners of
property at 480-486 Rantoul Street to rezone a portion of Lot #1 07 on Assessors' Map #20 from its current
zoning designation ("IG", General Industrial) to Central Business zoning designation ("CC", Central
Commercial).
Order read once and adopted 9-0 Vote
#131
The Committee on Legal Affairs to whom was referred the matter of limousine business at 70 Brimbal Ave.
have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
96
Order read once and adopted 9-0 Vote
#139
The Committee on Legal Affairs to whom was referred the matter of communication relative to Ordinance-
Trash Fee have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend it not be adopted
Ordered: That the City Council review an Ordinance entitled Public Works, Article One, Trash Removal and
Disposal Service Fee
Order referred out of committee in the negative
Order read once and referred back to Leqal Affairs 9-0 Vote
#139
The Committee in Legal Affairs to whom was referred the matter of communication relative to Ordinance-
Trash Fee have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0Vote
#139A
The Committee on Legal Affairs to whom was referred the matter of Ordinance Public Works, Article One
Trash Removal and Disposal Service Trash Fee have considered said matter and beg leave to report as
follows, to wit:
In the Year Two Thousand and Seven
An Ordinance Amending an ordinance entitled Public Works Article One-Trash Removal and Disposal
Service Fee
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Section 20-9 of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby
amended as follows:
1. Residential: A trash fee of $100.00 per dwelling unit is hereby-established effective 1, July 2007,
on all residential structures of 6 units or less. Residential structures of more than 6 units currently
serviced by the City of Beverly will continue to be serviced at $100.00 per unit.
2. Commercial: A minimum fee of $300.00 is hereby established for all commercial entities currently
being serviced by the City of Beverly. The final fee and conditions shall be subject to the
determination of the Director of Engineering, who shall establish a written standard therefore.
3. Discounts and Waivers:
(a) Senior Citizen: Any Senior Citizen (65 years or older) who owns and occupies a single dwelling
unit with an income of $30,069.00 or less for a single adult; $38,399.90 or less for two or more
adults will be eligible for a fifty percent (50%) discount of this fee.
(b) Hardship Cases: The fee for any citizen who owns and occupies a single family home or
condominium with an income of $18,259.00 or less for a single adult; $20,419.00 or less for two or
more adults, will be waived.
(c) Eligibility: Eligibility for senior citizen discount or hardship waiver shall be determined by using
the Adjusted Gross Income (AGI) number found on the IRS 1040, 1040A, or 1040EZ Form, or, if no
income tax return has been filed for tax years 2004 or 2005, equivalent documentation of income,
to be provided to the City Engineer under the pains and penalties of perjury. Age shall be
documented by driver's license, birth certificate, or equivalent proof. Any resident with a "life
estate" interest in a residential property will be treated as if he and/or she were the record owner of
the property. In one, two or three family housing types where the tenant and the homeowner both
meet the eligibility requirements for the waiver or both meet the eligibility requirements for the
discount, such waiver or discount shall be granted to the homeowner.
(d) Vacancies: Any property owner who owns an unoccupied unit shall be eligible to receive a
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credit for each full six month period for which the unit is not occupied. Property owners must
provide documentation to the City Engineer signed under the pains and penalties of perjury
demonstrating that the unit was vacant during the entire six month billing period for which such
credit is requested. Eligibility shall be determined by the City Engineer using a water bill, or in
cases where a unit's water meter is not separate from another unit, a letter or billing statement from
the Electric Company.
(e) Penalty: The City Engineer shall assess applicants a fine of not more than $250.00 for
submitting false documentation.
4. Enforcement: Any fee not paid within 60 days of the demand shall become, upon application of the
Collector of the City of Beverly, a lien upon the property.
5. Billing: The annual fee will be collected in quarterly statements billed on the same cycle as the
subject property's water and sewer bill cycle.
6. This fee shall not be increased for any reason other than to offset an increase in the incineration
cost per ton ("tipping fee") or an increase in the contractual trash removal cost, and in such cases,
the trash fee may n09t be increased beyond an amount equal to the increases in these costs.
7. Exemption: Any person who can demonstrate and document to the satisfaction of the City
Engineer an alternative lawful disposal method may apply for an exemption from the fee.
8. Review: This ordinance is subject to a vote by 1, March 2008 by the City Council whether or not
to continue through 2009. The Council will review City collections, overall effectiveness and the
recommendations put forth by the Mayor's appointed Trash Committee. As with any City
ordinance, the Council has the power to either change or delete an ordinance by a simple majority
vote.
9. Sunset Clause: This Order expires on 1 July, 2008.
Ordinance read once and held for final passaqe as per charter provisions 7-2 Vote Councilors Martin
and Burke voted against
#148
The Committee on Legal Affairs to whom was referred the matter of Appointment-Constable Philip
Cleversey have considered said matter and beg leave to report as follows, to wit:
Recommend the council approve the appointment
Order read once and adopted 9-0 Vote
#153
The Committee on Legal Affairs to whom was referred the matter of application for 2007 Limo License-
Express Limo have considered said matter and beg leave to report as follows, to wit:
Recommend be granted
Order read once and adopted 9-0 Vote
#154
The Committee on Legal Affairs to whom was referred the matter of Application for four additional Livery
Licenses, Express Limo have considered said matter and beg leave to report as follows, to wit:
Recommend the Licenses be Granted
Order read once and adopted: 9-0 Vote
#134
The Committee on Public Services to whom was referred the matter of communication re Keep It Local
Verizon Cable Franchise have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted: 9-0 Vote
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#144
The Committee on Public Services to whom was referred the matter of Appointment as Police Chief of Mark
Ray have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
Order read once and adopted 9-0 Vote
#147
The Committee on Public Services to whom was referred the matter of reappointment - Beverly Housing
Authority - Laurie Callahan have considered said matter and beg leave to report as follows, to wit:
Recommend the Council Approve the Appointment
Order read once and adopted 9-0 Vote
#149
The Committee on Public Services to whom was referred the matter of Public Safety Dispatching Resolution
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 endorse the request of the Mayor relative to a Resolution supporting the
concept of the Regional Operations Center and approve the appointment of Chief Rick Pierce to the City of
Beverly's representative to the Committee to further this regional concept.
Order read once and adopted 9-0 Vote
#150
The Committee on Public Services to whom was referred the matter of Cable TV Service Pending Verizon
Legislation 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 approve the request of City Solicitor Roy Gelineau to endorse the enclosed
Resolution to Representative Mary Grant relative to Cable TV Service Legislation
Order read once and adopted 9-0 Vote
#152
The Committee on Public Services to whom was referred the matter of request to hang 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 in July provided that it is hung by a licensed rigger and that the
organization is properly insured.
Order read once and adopted 9-0 Vote
#155
The Committee on Public Services to whom was referred the matter of Communication relative to recycling have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#70
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The Committee of the Whole to whom was referred the matter of Communication relative to restoration of
City Property (Pleasant St.) have considered said matter and beg leave to report as follows, to wit:
Refer to Legal Affairs
Order read once and adopted 9-0 Vote
Unfinished Business:
#57 Ordinance-Zoning relative to Signs
#123 Ordinance-Offences and Miscellaneous Provisions re Skateboarding
Resolutions:
Motions and Orders:
#167
By Councilor Burke:
Ordered: that William P. Squibb of 509 Cabot Street be reappointed to the Open Space and Recreation
Committee as the Ward III representative. (see Revised Ordinances, Section 3-227)
Recommend approval of the appointment
#168
By Council Gooding
Ordered: In accordance with Section 3-227 of the City of Beverly Revised Ordinances, that the Council
approve the reappointment of Suzanne Beaudoin, of 19 Mulberry Street, to serve as the Ward 2
representative to the Open Space and Recreation Committee. Her current term expires on August 31, 2007
and her new term will run for three years, until August 31,2010.
Recommend approval of the appointment
#169
By Councilor Burke
Ordered: That 'Go Slow/Children' signs be installed on Roundy Street and on Mechanic Street (between
West Dane Street and Roundy Street)
Recommend adoption of the order
#139A
By Councilor Guanci:
Ordered: That the City Council renew an Ordinance entitled Public Works, Article One, Trash Removal and
Disposal Service Fee with the appropriate amendments relative to dates
Refer to Leqal Affairs
#170
By Councilor Guanci
Dear Honorable Council
It has been brought to my attention by a number of constituents that our agenda should be altered Slightly I
have received dozens of complaints as to why the Council's 15 Minute Public Comment period is at
the beginning of the meetings. Their concerns are that much of the subject matter is either politically
motivated or not entirely fact. The general consensus from my conversations is that our meeting should
begin with legitimate City Council business. My suggestion would be to make a minor change to our agenda
and place of 15 minute public comment period at the end of our meeting before we adjourn. I would ask the
entire Council to consider this adjustment and possibly allow this change when the Council returns from our
summer recess.
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Refer to whole
Meeting adjourned: 10:00 PM
Frances A. Macdonald, CMC
City Clerk
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