2006-11-20
#185
Page 1 of 10
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Monday, August 17, 2009 2:20 PM
To: minutes@beverlyma.gov
Subject: 112006.doc
CRsouCar :M.eetino of (f3everCy City Counci{ 7:00 C?M. :Nov. 20, 2006
Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty,(7: 15) Miranda Gooding, Patricia Grimes, Kevin
Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci
Pledge of Allegiance to the Flag: Led by Councilor Burke
Appointments:
Public Hearings and Presentations:
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Meeting November 6, 2006
Communications from His Honor the Mayor:
Communications from other City Officers and Boards
#170A
November 7,2006
Ms. Frances Macdonald, City Clerk
191 Cabot Street
Beverly, MA 01915
RE: Order #170 Amendment to Sections 29-26.C, 29-5.A.2, 29-5.E.4., and 29-5.F.3.c of the Zoning Ordinance
Dear Ms. Macdonald:
The Beverly Planning Board held a joint public hearing with the City Council on Monday, November 6, 2006, to consider the above-
referenced amendments to the Beverly Zoning Ordinance. Planning Board Members convened a special meeting immediately after the
close of the Public Hearing and voted unanimously to recommend to the City Council that Order #170 be ADOPTED. A copy of the Order
is attached for reference.
Respectfully,
Richard Dinkin, Chairperson
Receive and Place on File
#246
November 19, 2006
The Honorable City Council
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
Dear Councilors,
Re: Stop Sign Ordinance change request, Porter Street and Webber Avenue.
We have received requests for a STOP sign at the following location;
Porter Street at the intersection of Webber Avenue.
We have looked into this request and we concur with it.
Please take the necessary action to amend Chapter 14 Section 86 as follows;
Add: Sec. 14.86 (b), Obedience to isolated stop signs.
Porter Street, North bound drivers on Porter Street at Webber Avenue.
Very Truly Yours,
Christopher J. Negrotti, Traffic Sergeant
Safety Officer
8/24/2009
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Refer to Legal Affairs 9-0 Vote
#247
Open Space and Recreation Committee October 2006 Semi-Annual Report
Receive and Place on File
#248
Communication from Airport Commission relative to FAA Memorandum of Agreement
Refer to Legal Affairs
Communications, Applications and Petitions:
#249
Application for Sale of Christmas Trees, Dick and June, Elliott Street.
Refer to Legal Affairs
#250
Petition National Grid for 80 feet of underground conduit in Cleveland for new home at 17 Cleveland Road
Refer to Public Services
#251
Communication from Department of Housing & Community Development re Technical Assistance and Guidance MGL Chapter
79ARelocation Assistance
Receive and Place on File
#252
Communication from MassDevelopment Finance Agency re Northshore Education Consortium
Receive and Place on File
#253
Claim Judith Stover, Pothole on Route 62
Receive and Place on File
Refer to City Solicitor
#254
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Petition regarding Proposed Residential Waterfront District
Refer to Legal Affairs
#255
Petition relative to Ventron Property ReZoning
Refer to Legal Affairs
Reports from Committees:
#92
The Committee on Finance and Property to whom was referred the matter of vote to surplus GAR Hall at 8 Dane Street 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
#198
The Committee on Finance and Property to whom was referred the matter of communication relative to the GAR Hall 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
#201
The Committee on Finance and Property to whom was referred the matter of communication relative to naming of Wenham Lake
Watershed Park 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 to refer back to committee
#213
The Committee on Finance and Property to whom was referred the matter of Ordinance Change, Mayor Salary 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 and six
An Ordinance amending an Ordinance entitled Personnel
Be it ordained by the City council of the City of Beverly as follows, to wit;
That Section 17-29 Unclassified Salaries
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DELETE: Mayor
ADD: Mayor
January 1, 2008 $95,000
January 1, 2009 $97.500
January 1, 2010 $100,000
This Ordinance to take effect as per charter provisions
Ordinance read once and held for final passage as per charter provisions 7 -2 Vote Grimes and Burke Against
#224
The Committee on Finance and Property to whom was referred the matter of appointment of School Committee member to be liaison to
Finance and Property have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That a member of the School Committee be appointed to serve as liaison to the City Council Finance and Property to oversee
financial matters.
Order read once and adopted 8-1 Vote Grimes against
#226
The Committee on Finance and Property to whom was referred the matter of Appropriation to account Planning Department 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 than appropriation of twelve thousand ($12,000) Dollars to account Planning Department Salaries
from account Reserve for Unforeseen. Said sum of money to be expended under the direction of the Planning Director
Order voted out of committee 2 - 1 with Councilor Coughlin Voting Against
Order read once and adopted 8-1 Vote Coughlin against
#233
The Committee on Finance and Property to whom was referred an order regarding naming of former Vitale site have considered said
matter and beg leave to report as follows, to wit;
Submit the accompanying order and recommend its adoption
Ordered: That the naming of the new park at the former Vitale site be referred to the office of the Beverly School Superintendent for
assistance in promoting a public school contest by the students in selecting a name that would relate to the theme of conservation, water
supply, and environmental concerns. Said contest suggestions are to be returned to the Council for consideration
Order read once and adopted 9-0 Vote
#238
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The Committee on Finance and Property to whom was referred the Beverly Golf and Tennis Commission Permit Holder fees for 2007
Golfing Season 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 City Council approve the enclose Beverly Golf and Tennis Commission Permit Holder annual fees for the 2007
golfing season.
Order read once and adopted
7 -1 Councilor Coughlin reused himself, Troubetaris voted against
#235
The Committee on Finance and Property to whom was referred the matter of transfer of funds 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 a request for a transfer of $500.00 from Parking meter receipts to Planning for additional funding
for purchase of public parking., as per the request of the Mayor.
First Passage:
Public Hearing:
Final Passage:
Nov. 6, 2006
Nov. 20, 2006
Nov. 20, 2006
Order read once and adopted 9-0 Vote
#236
The Committee on Finance and Property to whom as referred the matter of public hearing for FY07 Tax levy percentages have considered
said matter and beg leave to report as follows, to wit:
Ordered: That the City Council of the City of Beverly approve the following:
1.
2.
3.
4.
Not Adopt a Residential Exemption
Not adopt a Small Commercial Exemption
That the City NOT accept Open Space Exemptions
That the City adopt a 1.66 Classification shift which will result in a residential factor of
.902930
First Passage:
Public Hearing:
Final Passage:
Nov. 6, 2006
Nov. 20, 2006
Nov. 20, 2006
Order read once and adopted 7 -2 Vote Martin Burke voted against
#239
The Committee on Finance and Property to whom was referred the matter of Refunding of existing debt 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 the Mayor for the enclosed loan order in the amount of Sixteen million
($16,000,000) dollars for refunding bonds.
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Ordered: that, in order to reduce interest costs, the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the
Committee of Finance and Property is authorized to issue refunding bonds pursuant to G.L. c.44, A921A to refund all or a portion
of the remaining amounts of the City State Qualified Municipal Purpose Loan of 1996 Bonds dated October 1, 1996 and the City
Municipal Purpose Loan of 2000 Bonds dated September 1, 2000; that the refunding bonds shall be issued in an amount not to
exceed $16,000,000, in order to pay the principal, redemption premium and interest on the bonds to be refunded, and costs of
issuance of the refunding bonds; that the Treasurer is authorized to execute such documents as may be necessary or desirable
to carry out this transaction, including a refunding trust agreement or escrow agreement with a bank or trust company; that the
Treasurer is authorized to file an application with the Municipal Finance Oversight Board to qualify under Chapter 44A of the
General Laws any or all of the bonds and to provide such information and execute such documents as the Board may require for
these purposes; and that any bonds or notes issued pursuant to this order shall be certified in writing as to their genuiness by a
bank or trust company situated and doing business in Massachusetts to be selected by the Committee on Finance and Property.
First Passage:
Public Hearing:
Final Passage:
Nov. 6, 2006
Nov. 20, 2006
Nov. 20, 2006
Order read once and adopted 9-0 Vote
#109
The Committee on Legal Affairs and Accounts to whom was referred the matter of Zoning Ordinance 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 six
An Ordinance amending an Ordinance entitled Zoning
Be it ordained by the City council fo the City of Beverly as follows:
Order read once and adopted 9-0 Vote Held as per Councilor Gooding
#170
The Committee on Legal Affairs to whom was referred the matter of Ordinance Zoning 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 and six
An Ordinance Amending an ordinance entitled Zoning
Be it ordained by the city council of the City of Beverly as follows, to wit:
Amend Section 29-5.A.2. by deleting the phrase"... except that a non-conforming building or structure can be altered or enlarged of the
alteration or enlargement itself is conforming." At the end of the section. The provision currently reads:
"Except as hereinafter provided, no building or structure or part thereof shall hereinafter be erected, altered,
enlarged, or rebuilt in any manner which does not conform to the dimensional regulations of this Ordinance in the district in which
such building or structure is located, except that a non-conforming building or structure can be altered or enlarged if the alteration
or enlargement itself is nonconforming."
With the amendment, Section 29-5.A.2 would read as follows:
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"Except as hereinafter provided, no building or structure or part thereof shall hereinafter be erected, altered,
enlarged, or rebuilt in any manner which does not conform to the dimensional regulations of this Ordinance in the district in which
such building or structure is located."
Strike Section 29-5.E.4., which reads as follows:
"4. Existing residential buildings on undersized or non-conforming lots of record may be enlarged to the
maximum height limit of the Zoning District in which they are located, without a Variance."
Strike Section 29-5.F.3.c., which reads as follows:
"c. No building need be set back more than the average of the setbacks of the buildings on the lots on either
side. A vacant lot or lot occupied by a building set back more than the required front yard depth shall be considered as though
occupied by a building set back the required depth."
Ordinance read once and held for final passage as per charter provisions 9-0 Vote
#201A
The Committee on Legal Affairs to whom was referred the matter of Comm. from Conservation re Wenham Lake Watershed park 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
#233
The Committee on Legal Affairs to whom was referred an order regarding naming of former Vitale site have considered said matter and
beg leave to report as follows, to wit;
Submit the accompanying order and recommend its adoption
Ordered: That the naming of the new park at the former Vitale site be referred to the office of the Beverly School Superintendent for
assistance in promoting a public school contest by the students in selecting a name that would relate to the theme of conservation, water
supply, and environmental concerns. Said contest suggestions are to be returned to the Council for consideration
Order read once and adopted 9-0 Vote
#237
The Committee on Legal Affairs to whom was referred the matter of street acceptance Hawk Hill Subdivision have considered said matter
and recommend its adoption
Submit the accompanying order and recommend its adoption
Ordered: That the City Council approve the request of the Planning Board to accept the following streets in the Hawk Hill Subdivision:
Yankee Way
Hawk Hill Road
Aileen Way
Order read once and adopted 9-0 Vote Return to Committee-Martin
#243
The Committee on Legal Affairs and Accounts to whom was referred the matter of application for Second Hand Junk Dealers License-Just
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Kidding, 108 Bridge St. have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adopted 9-0 Vote
#249
The Committee on Legal Affairs to whom was referred the matter of Application for Christmas Tree License, Dick and Junes have
considered said matter and beg leave to report as follows, to wit:
Recommend the License be granted
Order read Once and adopted 9-0 Vote
#220
The Committee on Public Services to whom was referred the matter of Petition Verizon for to place a Pole and Conduits in federal And
Rantoul Streets have considered said matter and beg leave to report as follows:
Recommend the petition be granted
Order read once and adopted 9-0 Vote
#223
The Committee on Public Services to whom was referred the matter of community Forum being formed relative to the rebuilding of BHS
have considered said matter and beg leave to report as follows, to wit:
Receive and Place on file
Out of Committee on a 2-1 vote with Grimes voting against
Order read once and adopted 7 -2 Vote Grimes and Burke voting against
#233
The Committee on Public Services to whom was referred the matter of Naming of Former Vitale Site by School Children have considered
said matter and beg leave to report as follows, to wit:
Refer to Committee of the Whole
Order read once and adopted 9-0 Vote
#242
The Committee on Public Services to whom was referred the matter of Northeast Gateway DWP License Application, final environmental
impact statement and final environmental impact report have considered said matter and beg leave to report as follow, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
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#250
The Committee on Public Services to whom was referred the matter of Petition of National Grid 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 of the City of Beverly will hold a public hearing on Monday December 4, 2006 at 7:02 PM in Council
Chambers, 191 Cabot Street, Beverly, MA relative to a petition of National Grid for installation of 80 feet of underground conduit in
Cleveland Road for a new home at 17 Cleveland Road
Order read once and adopted 9-0 Vote
Unfinished Business:
#228 Ordinance MV & T -Stop Signs-Lovett @ Abbott and Lee @ Folger
#229 Ordinance MV & T 15 Minute Parking at Ocean St.
Resolutions:
Motions and Orders:
#256
By Councilor: Flaherty
Ordered: Be it resolved that the City Council of Beverly wishes to extend our thanks and gratitude for your committed and dedicated
service to our Country. It is because of you, that we as a city, commonwealth and as a country can prosper and live in freedom.
Order read once and approved
Meeting adjourned: 11:15 PM
Frances A. Macdonald, CMC
City Clerk
8/24/2009