2009-01-05
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of7
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Monday, August 17, 2009 2:40 PM
To: minutes@beverlyma.gov
Subject: 09.jan5.doc
Regular Meeting
Beverly City Council 7:00, PM January 5, 2009
Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D.
Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty
Pledge of Allegiance to the Flag: Led by Councilor Slate
Public Hearings and Public Speakers:
7:15 PM #287 Public Hearing National Grid Winter St.
Refer to Finance and Property
7:20 PM #279 Public Hearing Essex national Heritage Grant
Refer to Finance and Property
Acceptance of Minutes:
Meeting of December 4, 2008 Special, December 15, 2008 and December 18, 2008 Special
Appoi ntments:
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#1
January 5, 2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of7
I hereby submit for your information the reappointment of Dean Porteous, 140 Rantoul Street to serve as Beverly's representative to the
North Shore Regional Vocational District School Committee.
His term will be effective until January 9, 2012.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
Communications from Other City Officers and Boards:
#230A
August 17, 2009
The Honorable City Council - Legal Affairs Committee
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
RE: COUNCIL ORDER #230 . RECOMMENDATION FROM PLANNING BOARD REGARDING CREATION ON NEW "IR
OVERLAY" DISTRICT WITHIN PART OF THE IR ZONING DISTRICT ALONG BRIMBAL AVENUE - BRIMBAL AVENUE
DEVELOPMENT, LLC
Dear Committee Members:
The Beverly Planning Board heard testimony on the above-referenced request at the joint public hearing with the City Council on
December 15, 2008. Members discussed the proposal extensively at its subsequent meeting on December 16, 2008. The Board focused
its discussion and decision on the creation of a new "IR Overlay" zoning district and its allowances rather than the applicant's
redevelopment plan of the former landfill parcel. The Board then voted (7-1) to recommend to the City Council that Council Order #230 be
ADOPTED.
The Board made a recommendation that the City Council adopt the order with the following changes:
1. That the "Northridge Parcel" (Assessors Map 55, Lot 28) be excluded from the proposed IR Overlay District.
2. That the proposed changes to Section 29-19.F. NOT be adopted. Alternatively, the Board voted that the following text should
be added to the end of Section 29-19.F:
"That one freestanding sign of no more than 35 square-feet and no more than 15-feet above grade identifying multiple users
shall be permitted for a Mixed Use development on a lot zoned 'IR Overlay' on the official City zoning map."
3. That the proposed change to Section 29-19. C, part 2. be amended to read as follows:
"2. Restaurant selling food both for consumption on and off the premises."
The Board did not opine on the appropriateness of the applicant's proposed redevelopment of the former landfill parcel. The Board
recognized that this property can be developed by right under the existing IR Zoning for purposes such as business and professional
offices, banks, manufacturing, printing/publishing and contractors' shops. The creation of the proposed "IR Overlay" zoning district would
serve to increase the number of potential uses along the specified area of Brimbal Avenue. As was noted during the public hearing, these
uses would not be allowed by right but would be allowed only after the developer applied for and obtained a special permit and site plan
approval from the Planning Board for a site specific project. These reviews entail scrutiny of traffic and parking, stormwater management,
design, infrastructure and neighborhood impact.
Further, the Board found that the proposed "IR Overlay" is in keeping with the Master Plan recommendation to allow for commercial uses
along the affected area of Brimbal Avenue.
Sincerely,
Richard Dinkin, Chairperson
Refer to Legal Affairs
#2
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of7
December 31, 2008
The Honorable City Council
Beverly City Hall
191 Cabot St.
Beverly, MA. 01915
Dear Honorable Council:
This letter is to inform you that the City Clerk's Office has received all the necessary Inspection reports for the following Lodging Houses in
the City of Beverly. These properties are in compliance with all relevant code requirements and all have been licensed to date.
1.2009-1 GREYCROFT INN
2. 2009-2 CABOT LODGE
3.2009-3 HIGHLAND MANOR
4.2009-4 45 BROADWAY
The following is a list of Lodging Houses in the City of Beverly that are not in compliance with all code requirements and have not been
licensed to date.
1. GIRDLER HOUSE 78 LOTHROP
2. GARDEN CITY RESIDENCES 490 RANTOUL
3. 319-325 CABOT ST.
4. 1886 HOUSE/PRESS BOX
5. 340 RANTOUL ST. ROOMING HOUSE
6. 32 BROADWAY ROOMING HOUSE
7. PANTHER PUB ROOMING HOUSE
8. YMCA ROOMING HOUSE
Sincerely,
Kathleen P. Connolly, Asst. City Clerk
Refer to Legal Affairs
Communications, Applications and Petitions:
#3
Claim-Pothole Damage Brian Pescatore
Receive and Place on File
Refer to City Solicitor
#4
Application Second Hand Dealers License Saccon Jewelers, 132 Dodge St.
Refer to Legal Affairs
#5
Application Petroleum Storage License, 449 Cabot St.,
Refer to Legal Affairs
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of7
#6
Application Class II Motor Vehicle Dealers License Cabot Fuels, Inc., 449 Cabot St.
Refer to Legal Affairs
#7
Application Class II MVDL Generation 2000 auto Sales, 94 Cabot St.
Refer to Legal Affairs
Regorts from Committees:
#279
The Committee on Finance and Property to whom was referred the matter of Transfer Essex National Heritage Grant 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 approve a transfer in the amount of Three Thousand ($3,000.00) Dollars from
account Reserve for Unforeseen Expenditures" to account "Planning Department - Consultant" Said sum of money to be expended under
the direction of the Planning director.
First Passage:
Public Hearing:
Final Passage:
Dec. 15,2008
Jan. 5,2009
Jan. 5, 2009
Order read once and adopted 9-0 Vote
#111A
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance MV & T No Parking 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 eight
An Ordinance Amending an ordinances entitled Motor Vehicles and Traffic relative to No Parking during certain hours
Be it ordained by the City Council of the City of Beverly as follows, to wit:
Change: Chapter 14-122(n), Same During Certain Hours, second line"... from Webber Avenue to School Street..."
Should read, "... from Webber Avenue to driveway curb cut at #6 River Street...".
Add: Chapter 14-120, Prohibited on Certain Streets-At All Times, River Street east and west side from curb cut at # 6 River Street to
School Street.
Ordinance read once and held for final passage as per charter provisions 9-0 Vote
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of7
#266A
The committee on Legal Affairs to whom was referred the matter of request for handicap parking space have considered said matter and
beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
That a Handicapped Parking sign be placed at 10 Porter Street, on the west side, five feet from the driveway entrance of the abutting
property.
Order read once and adopted 9-0 Vote
#267
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance MV & T
Heather 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
#274
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request to waive ordinance relative to
Alcohol in public building 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 waive Section 15-10 of the City Ordinance relative to consumption of alcoholic beverages in public
buildings Something Different Restaurant, LP Henderson Road Beverly Airport as per the request of the business owner, with the
condition that copy of the Insurance Policy with City of Beverly added to it be on file in the City Clerk's Office.
Order read once and adopted 9-0 Vote
#278
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of reappointment Design Review Board,
William Finch and Colleen Bruce 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
#280
The Committee on Legal Affairs to whom was referred the matter of Reappointment Planning Board, Ellen Flannery have considered said
matter and beg leave to report as follows, to wit;
Recommend the council approve the appointment
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f7
Order read once and adopted 9-0 Vote
#284
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of appointment Zoning Board of Appeals
Alternate, Sally Koen have considered said matter and beg leave to report as follows, to wit:
Order read once adopted 9-0 Vote
#285
The Committee on Legal affairs / Committee of the Whole to whom was referred the matter of the matter of request for Handicapped
parking space have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That a Handicapped Parking sign be placed at 21 Knowlton Street, on the east side, twenty feet south of the intersection of
Charnock Street.
Order read once adopted 9-0 Vote
#272
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment as Constable Robert
Bradley 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
#282
The Committee on Public Services / Committee of the Whole to whom was referred the matter of reappointment to Beverly Golf and
Tennis Club of Jeffrey Klein, Chad Crandell and Kevin Ascolillo 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
#288
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Communication relative to Train Whistles
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
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f7
Unfinished Business:
#259 Ordinance Trench Safety and Permits
#269 Ordinance MV & T One Hour Parking Riverside/Rantoul
#270 Ordinance MV & T One Hour Parking393 Rantoul Street
#271 Ordinance MV & T Thirty Minute Parking 369-371 Cabot Street
Motions and Orders:
Meeting adjourned: 7:25 PM
Frances A. Macdonald, CMC
City Clerk
8/24/2009