2013-05-20Regular Meeting
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Beverly Meeting Minutes
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Wednesday, May 29, 2013 2:48 PM
To: pguanci @beverlyma.gov; sdullea @beverlyma.gov; jsilva @beverlyma.gov;
mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don
Martin; Brett Schetzsle; minutes @beverlyma.gov
Subject: CCmeeting5- 20- 2013.doc
Regular Meeting
Beverly City Council 7:00 PM Monday, May 20, 2013
Roll Call: Councilors D. Scott Dullea, Donald G. Martin, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Maureen
Troubetaris, Jason Silva, Brett Schetzsle Absent - Councilor Guanci
Pledge of Allegiance to the Flag: Councilor Later
Acceptance of Minutes: May 6, 2013
Public Speakers:
Judith Cronin (YMCA)
Rosemary Maglio
Gin Wallace (Main Streets) Block Parties
Public Hearings: Public Hearings
7:20 PM Order #51 Proposed Draft of the CPA Ordinance Refer to Legal Affairs
8:00 PM Order #45 Trash Fee Refer to Finance &Property & Legal Affairs
8:15 PM Order #74 Interdepartmental Transfers Refer to Finance & Property
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
# 82
May 20, 2013
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
6/10/2013
Regular Meeting Page 2 of 8
Please schedule a special meeting for the evening of Tuesday, May 28 at which time you will receive the
operating budget for next fiscal year and I will have the opportunity to deliver to the Council the
accompanying budget message for the new fiscal year.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Communications from other City Officers and Boards:
#83
May 29, 2013
The Honorable City Council
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
RE: CITY COUNCIL ORDER #52 AND #57 - RECOMMENDATION FROM PLANNING
BOARD
Dear Honorable Council:
The Beverly Planning Board submitted the above - referenced zoning amendments to you on
March 28, 2013 and on April 1, 2013, respectively. City Council Order #52 contains proposed
zoning amendments that would affect the parking and definition sections of the Zoning
Ordinance. City Council Order #57 contains proposed zoning amendments regarding Zoning
Board of Appeals processes for reviewing plan /application amendments after initial approval and
for one and two family non - conforming dwellings; amendments to the Design Review Board
ordinance relative to project review and updated guidance documents; and updating various
subsections of the Zoning Ordinance to reflect current /existing permitting authorities and
practices. Joint public hearings were held on Monday, May 6, 2013 between the Planning Board
and the City Council to consider said amendments. The public hearings were closed the same
night. At the Planning Board's special meeting immediately following the public hearings,
members of the Board voted unanimously to recommend to the City Council that Council Order
#52 and Council Order #57 be ADOPTED as drafted.
Sincerely,
Richard Dinkin
Refer to Legal Affairs
#84
Communication from Council President Guanci re: amendment to the draft ordinance for the CPA
Refer to Legal Affairs
Communications, Applications and Petitions:
Chairperson
6/10/2013
Regular Meeting
#85
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Renewal - Application for Hawkers & Peddlers License — Terry's Old Fashion Ice Cream Truck (Carlos M. Rocha 47
Fulton St., Peabody, MA.
Refer to Legal Affairs
#86
Communication from Beverly Farmers Market re: 2013 Season (Estelle Rand, 14 Central St., Beverly, MA.)
Refer to Finance & Property
#87
Application for 2nd Hand MVDL License — Nahed A.Daaboul, 6 Linden Dr., Danvers, MA.
Refer to Legal Affairs
#88
Application for Automatic Amusement Device Licenses @ Rest Stop — Yankee Div. Highway, Beverly(Maurice Wyman)
Refer to Legal Affairs
#89
Communication from Main Streets re (Waiver of Ordinance relative to alcohol on Public Property (Block Party- Ellis Sq. area)
Refer to Finance & Property and Legal Affairs
Reports from Committees:
#214.2012
91.2013
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Order Councilor Guanci relative to
Second Water Meters 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
6/10/2013
Regular Meeting
#54
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The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Request for Waiver (Water
Demand Fee) 62 Pleasant St. / Pleasant Street Apts. have considered said matter and beg leave to report as follows, to wit:
Request Withdrawn
Motion was made for No Further Action
Motion approved 8 -0 Vote
#74
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of request from Mayor and Finance
Dir. John Dunn for approval of necessary fund transfers to deal with actual /expected variances in expenditure line items for FY 2013.have
considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the request
First Reading: May 6, 2013
Public Hearing: May 20, 2013 @ 8:15 PM
Second Reading: May 20, 2013
Order read once and adopted 8 -0 Vote
#79
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Application from Main Streets for
Pilot Program - Full Service Outdoor Dining Permits - Have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the amended request
Motion made to return to Committee Councilor Martin and 2nd Councilor Houseman for further amendments
Order read once and adopted 8 -0 Vote
#54
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for Waiver (Water Demand Fee) 62
Pleasant St. / Pleasant Street Apts. have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Motion approved 8 -0 Vote
6/10/2013
Regular Meeting
#70
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The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Mayor — School Dept
re Lease /purchase Contracts — Apple (Lap Top) Program & 6 School Busses have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying Order & recommend its adoption
Ordered: that the City Council approve the request for approval regarding the fact that the transaction exceeds 36 months in duration and
the length of the financial commitment.
Motion approved 8 -0 Vote
#73
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Reappointment — Constable Scott Carleton,
136 Leslie Rd., Rowley, MA. have considered said matter and beg leave to report as follows, to wit:
Recommend the Council Approve the reappointment
Order read once and adopted 8 -0 Vote
#76
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Recommendations from the Planning Board
re: #169 - WSPOD have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Motion approved 8 -0 Vote
#77
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of renewal application for Fortuneteller's
License — Sophia Andrianopoulos, 11 Sunset Dr. have considered said matter and beg leave to report as follows, to wit:
Motion approved 8 -0 Vote
#78
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of I application for Hawkers & Peddlers
License — Bruce Gordon , 5 Patriots Cir., Gloucester, MA. One Day Event (West Beach) July 4, 2013 have considered said matter and beg
leave to report as follows, to wit:
6/10/2013
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Recommend the Council approve the License
Order read once and adopted 8 -0 Vote
#80
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Mass DEP to Beverly
Water Dept. 2013 Public Water System Awards Program have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Motion approved 8 -0 Vote
#169 - 2012
#76 -A -2013
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order Councilor Martin — Water Supply
Protection Overlay District (WSPOD) Proposed Amendments Article XXXV, Sec. 38.28.C1 & 38.28.C.2 have considered said matter and
beg leave to report as follows, to wit:
Submit the accompanying amended Order and recommend its adoption
)rdered that: In the year two thousand and Thirteen
Ln Ordinance amending the City of Beverly Zoning Map and an ordinance entitled (Zoning) Watershed (Supply)
' rotection Overlay District (WSPOD) Article XXXVIII, Section 38.31.0 (Formerly Section 29 -31.C. of the Zoning
)rdinance).
►e it ordained by the City Council of the City of Beverly as follows, to wit:
To adopt certain zoning text and map amendments relative to the City's Watershed (Supply) Protection Overlay
District. The proposed zoning text and map changes were initially proposed by Order #169 of 2012 and
amended based on recommendation from the Planning Board (as embodied in Order # 76) and by
inclusion of the following language in Section 38- 31.C.1.: "(e) work in support of the Salem & Beverly
Water Supply Board, which has primary responsibility for the distribution and protection of the water
supply for Beverly, Salem and parts of Wenham, and has ultimate authority for those activities."
A copy of the proposed amendments, which would affect the City zoning map as well as Sections 38 -31.C.
(WATERSHED PROTECTION OVERLAY DISTRICT), 38 -2. (DEFINITIONS) and 38 -4.13. (INTERPRETATION OF
DISTRICT BOUNDARIES) of Chapter XXXVIII of the City of Beverly Ordinances, is on file in the office of the City
Clerk and is available for public review.
First Reading: July 2, 2012
Joint Public Hearing : Sept. 4, 2012
Continued: Oct. 15, 2012
Continued: Nov. 19, 2016
Continued: April 16, 2013
Second Reading May 20, 2013
Advertise and Hold for final Passage: June 17, 2013
Motion approved 8 -0 Vote
#170 - 2012
6/10/2013
Regular Meeting
#76 -B -2013
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The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order Councilor Martin — Proposed WSPOD
amendments to Zoning Ordinance Article XXXVIII, Sec38.28.C1 & 38.28.C.2 have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying Order and recommend its adoption
Motion was made by Councilor Martin to return to Committee for further discussion 2nd by Councilor Houseman
Motion approved 8 -0 Vote
#71
The Committee on Public Services /Committee of the Whole to whom was referred the matter of Appointment — Cultural Council Amanda
Beard, 16 Kernwood Ave. 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
#72
The Committee on Public Services /Committee of the Whole to whom was referred the matter of Appointment — Historic District
Commission Suzanne LaMont, 20 Porter St. 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
Unfinished Business:
Motions and Orders:
#90
Order: - Councilor Guanci - Amendment to Article XIX sec. 19.06 Rates (late file)
Referred to Finance & Property and Legal Affairs
Meeting Adjourned 9:20 PM
Attest: Kathleen P. Connolly, CMC
City Clerk
6/10/2013
Regular Meeting
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6/10/2013