2001-02-28Beverly Charter Commission
Minutes of Meeting, February 28, 2001
A meeting and public hearing of the Beverly Charter Commission was held in
City Hall at 7:30 PM on February 28, 2001. Present were: N. Paul Galluzzi, , Mary Grant,
Peter Gilmore, Jack Quigley, Mickey Ratte, Carol Girard, Mary Rodrick, and Maria
O’Brien. Crystal Atherton was absent.
Chair Quigley made some opening remarks.
The first speaker was attorney Mark Curley representing Helen McCarthy of 75
West Street. He expressed concern over the public’s right to access the beach adjacent to
West Beach, which is private property. Mr. Quigley asked Mr. Quinn to prepare a
response to this issue for the next meeting.
Edward Brown of 223 Greenwood Avenue expressed concern about possible
costs to the city as well as the divisiveness represented by this issue.
Nathan Zoll of 4 Orchard Street thanked all members of the Commission for their
work and indicated opposition to charging any fee for beach access.
Ann Driscoll of 48 Oak Street commented on the process used by the
Commission.
Dunc Ballantyne of 30 Baker Avenue suggested that ample evidence had been
provided to indicate that West Beach Corporation is a quasi-municipal corporation.
Donald McQuarrie of 91 Hart Street, the Vice President of West Beach
Corporation, made a case that the property is owned by the Corporation as a private
corporation.
Alan Hovey of 1 Bearskin Neck, Rockport, recommended several changes to the
preliminary report and the ballot question.
Tom Fallon, counsel to West Beach Corporation, raised issues of the costs to the
city of beach maintenance and litigation. He stated that a vote of the towns for
incorporation was actually very common at the time, such as an 1851 act involving land
for the railroad. He encouraged pursuit of declaratory judgment.
Cathrine McCarthy of 75 West Street spoke in opposition to the work of the
Commission.
Richard Harrison of 97 West Street expressed his concern that the Commission
report may mislead the general public regarding rights to private beach property adjacent
to West Beach.
Marshall Handley, city solicitor, stated that an eminent domain taking would
begin with the November vote in favor of the proposed ballot question to open the beach,
regardless of the clause to void the measure in such an event. He recommended pursuit
of declaratory judgment.
Timothy McInnis expressed concerns about the logistics of the proposed charter
revision, including maintenance and liability costs, how to handle the increased volume
of bathers, whether there would be compensation to the Corporation for improvements,
and if the new entity would pay taxes.
Maureen Troubetaris of 28 Davis Road also recommended the declaratory
judgment route.
Two motions were made to set the date for the next meeting: one for March 14,
which was defeated 3-4, with one abstention, and the second for March 21 which was
approved 5-3.
The meeting was adjourned at 9:21 PM.