1994-05-16RECORDS OF THE BOARD OF ALDERMEN
REGULAR MEETING OF THE BEVERLY CITY, MAY 16, 1994 at 8:00 p.m.
ROLL CALL:
Present:
Absent:
Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and
Nardella
None
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Rollins.
ACCEPTANCE OF MINUTES OF PREVIOUS MEETING:
Motion made and seconded to accept minutes of
May 2, 1994 meeting - matter passes.
Brief suspension of rules to allow Student Government counterparts to Council to conduct meeting.
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
May 16, 1994
Honorable City
cation from Christopher Deeley concerning this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to the Committee on Finance and Property.
May 16, 1994
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that the Harbormaster's request for a transfer of $3500 to account "Safety
Clothing" take its first reading at this meeting this evening.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to the Committee on Finance and Property.
Mayol
for:
read:
May 16, 1994
Honorable City Council
City Hall
Dear Honorable Council
I hereby appoint, subject to your confirmation, Ms. Susan Alvey, Grover Street, Beverly, MA to
serve as a member of the CAble TV Commission.
Her term will be effective until January 31, 1997. She will replace Mrs. 3oanne Berry who has
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RECORDS OF THE BOARD OF ALDERMEN
moved out of town.
Very truly yours,
William F. Scanlon, Jr., Mayor
Laid over for confirmation.
May 16, 1994
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation,Mr. Salvatore Modugno, 1 Colgate Road, Beverly, Ma
01915, to serve as a member of the Planning Board.
His term will be effective until December 31, 1994 and he will replace Mr. Ronald Costs who has
resigned.
Very truly yours,
William F. Scanlon, Jr., Mayor
Laid over for confirmation.
May 16, 1994
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, Mr. Leo White, 299 Essex Street, Beverly, Ma 01915
to serve as a member of the Beverly Airport Commission.
His term will be effective until December 31, 1995 and he will replace Mr. Theodore Perrotti.
Very truly yours
William F. Scanlon, Jr. Mayor
Laid over for confirmation.
May 16, 1994
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, the following members of the Beverly Airport
Commission:
Mr. Robert Farmer, 792 Cabot Street
Mr. Paul Lydon, 46 Livingstone Avenue
Mr. Wilfred Gourdeau, 9 Beverly Rills Avenue.
Their terms will be effective until December 31, 1996.
Very truly yours,
William F. Scanlon, Jr., Mayor
May 16, 1994
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, Mr. Antonio J. Luciano, 3 Sunmit Avenue, Beverly,
Ma 01915, to serve as a Constable in the City of Beverly for the eola purpose of serving Civil
Process.
RECORDS OF THE BOARD OF ALDERMEN
Mr. Luciano's tarm will be effective until April 30, 1997. Attached is a recommendation from
Police Chief John Ftnnegan concerning Mr. Luciano's application.
Very truly yours,
William F. Scanlon, Jr., ~ayor
Laid over for confirmation.
Nay 16, 1994
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint the following to serve as members of the G.A.R. Hall Building Commission:
Mr. Russell Hannibal, 506 Cabot Street, Beverly, MA 01915
Mr. Thomas Saunders, 94 Essex Street, Bevelry, MA 01915
Very truly yours,
William F. Scanlon, Jr., Mayor.
Received and Placed on File.
COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS
May 5, 1994
Mr. Bruce Nardella, President
Beverly City Council
Dear Sir,
The Beverly Golf and Tennis Commission respectfully requests an opportunity to speak with the
Council regarding the enterprise fund for fiscal 1994-1995.
In addition, we wish to address the $300.00 charge levied against the permit holders.
Please advise at your earliest convenience. Your attention to this matter is greatly appreciated.
Respectfully,
Louis D. Bennett, Jr., Chairman, Beverly Golf and Tennis Commission
Referred to the Committee on Finance and Property.
May 12, 1994
TO:
FROM:
RE:
Beverly School Committee
Don Argyrople
Parking concerns at Edwards School
On a number of occasions, I have voiced the concerns of the Edwards School staff about the
complete lack of parking at Edwards School.
I met with Seargent Dennis Tarsook of the Bevelry Police Department about our concerns. We
believe that a parking area can be created on the Edwards Street side of the school by removing
the grass area and the curbing along the street.
On behalf of our staff, I am seeking the endorsement of the School Committee and the Board of
Aldermen. A prompt action on this request will be most appreciated by our school staff.
Referred to the Committee on Finance and Property.
May 1i, 1994
Honorable City Council
City Hall
RECORDS OF THE BOARD OF ALDERMEN
Dear Council,
Re: Parking, Stone Ridge Road
~e have received a request from a resident of STone Ridge Road, concerning restricting the
parking on the street. She has contacted the other three residents, there are only four houses,
on Stone Ridge Road and stated they share the same concerns abount youths parking on the small
street and walking into the woods to party. The street leading to their street, Greenwood
Avenue, is already posted NO Parking and the people are parking on Stone Ridge Road and walking
into the woods to party. Besides the rubbish they leave, they make a lot of noises when they
come and go from their vehicles.
Please take the necessary action to amend City of beverlry Revised Ordinance Chapter 14, Section
137 as follows;
ADD: Stone Ridge Road, both sides, from Greenwood Avenue to Greenwood Avenue.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Referred to the Committee on Legal Affairs and Accounts.
May 9, 1994
Beverly City Council
City Hall
Dear Honorable Council:
Attached for your attention is a communication from the Alcoholic Beverage Control Commission
concerning the sale of Liqueurs and Cordials by Wine and Malt Restaurant Licensees.
We would be pleased to meet with you to discuss this new law.
Very truly yourS,
Beverly License Board, Ralph Parisella, Chairman
Referred to the Committee on Legal Affairs and Accounts.
May 4, 1994
Beverly City Council
City Hall
Dear Honorable Council,
I respectfully request permission to excede the 85% cap in the following accounts:
I Account #01-237-5240 Maintenance of Building
01-392-5340 Telephone
01-447-5480 Vehicle Fuel and Oil
01-156-5580 Fire Prevention
These accounts are in addtion to the two (2) previous requests to exceed the 85% cap, specifically:
Account #01-442-5210 Utilities
01-244-5240 Maintenance of Apparatus
Your immediate attention to this matter is greatly appreciated.
Very truly yours,
Kenneth C. Pelonzi, Chief.
Referred to the Committee on Finance and Property.
April 29, 1994
~everly City Councilors
~everly City Hall
Dear City Councilors,
I has come to the attention of the Beverly Airport Commission that the land (Approximately 60
RECORDS OF THE BOARD OF ALDERMEN
60 acres) which abuts the airport to the southeast has been taken by a bank by means of default.
Further information allots that the property is being considered by a contractor to construct
family dwellings as well as a playground.
The airport Commission would like to submit the following recommendations concerning this property.
1. That the land remain zoned as IR (Light Industrial) which coincides with the zoning
of the Flattley Company land (Cherry Hill). Development under this type of zoning
ordinance is definitely more suitable for land adjoining an airport.
2. If the land is considered for rezoning that the City*s Master Plan recommendations be (
adhered to which would be to fezone it to R-45. In discussions with the Planning
Office it was found that possible rezoning of R-22 was being discussed. In the past
fifteen (15) years, there have been three (3) aircraft accidents within the area or
on the immediate boundary. Therefore less dense construction would lessen the
probablility of a disable aircraft striking personal property.
3. That any plan whihc depicts a playground in the upper northwest corner of the property
which would be that land located closest to the airport's North South runway, be
denied. This type use could, in the future, allow illegal penetrations into the
approach zone such as kite flying and other uses associated with a playground such as
batted balls, both of which have been documented to have caused past aircraft
accidents and loss of like in other areas.
4. If the area is rezoned to residential, that the deed of each piece of property be so
noted that it is within the noise contour of the Beverly Municipal Airport as depicte~
in the airport's Master Plan.
Thank you for you considerations in the above addressed items.
Sincerely,
Robert C. Farmer, Chairman, Beverly Airport Commission.
Referred to the Committee on Legal Affairs and Accounts.
COMMUNICATIONS, APPLICATION AND PETITIONS:
A Communication from Glovsky & Glovsky with petitions of 219 signatures requesting a zoning
change from IG to CG - parcels of land on southerly side of Elliott Street and westerly side of
McPherson Drive, Lots 105 and 106 on Assessors' Map 19.
Referred to the Committee on Legal Affairs and Accounts.
A Communication from Glovsky & Glovsky with petitions of 205 signatures requesting the zoning
ordinance change which would allow a public recreational boating facility in the CG Zone by
right.
Referred to the Committee on Legal Affairs and Accounts.
New England Telephone petition for conduit on Essex Street to the Montserrat School of Art.
Referred to the Committee on Public Service and Aid
Beano report - St. John the Evangelist Church, 111 New Balch Street
Received and Placed on File
South Essex Sewerage District - Environmental Notification Form - Alternative Residuals Managemen~
Plan.
Received and Placed on File.
Beverly Farms - Prides Crossing invitation to march in July Fourth parade
Receive and Place on File. "'
RECORDS OF THE BOARD OF ALDERMEN
Sea Worm license - Donald J. Cronin, 9 Mason Street
Referred to the Committee on Legal Affairs and Accounts.
Application for petroleum storage license - 472-474 Rantoul Street
Referred to the Committee on Legal Affairs and Accounts
Application for Second Class Motor Vehicles Dealer's license
Referred to the Committee on Legal Affairs and Accounts.
A request to purchase city owned property at 10 Greene Street, Beverly, MA by Elizabeth Ewing.
Referred to the Committee on Finance and Property.
A petition with twenty names and a request for improvements at Goldway Playground
Referred to the Committee on Public SErvice and Aid.
~Water abatement request - L. Robert DeSanctis for CRackers, Restaurant, 104 Cabot Street
Referred the the Committee on Public Service and Aid.
A communication from Ward Two Civic Association requesting lifeguard at Pleasant View Beach for
summer
Referred to the Committee on Public Service and Aid.
Claim - Laura J. Cicchetti, 2 Rezza Road, Beverly, MA 01915 - pot hole claim on Hart Street
Referred to the Committee on Legal Affairs and Accounts.
Claim - Mrs. Leonard Pike - Ball from ball park on Cabot Street, near Herrick Street, damaged car.
Referred to the Committee on Legal Affairs and Accounts.
Commerce Insurance subrogation for John Birch - accident on 1/18/94 with City Truck #102
Referred to the Committee on Legal Affairs and Accounts.
REPORTS PROM COMMITTEES:
The Committee on Finance and Property to whom was referred the matter of Mayor's request to raise
sewer rates have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That, effective May 1, 1994, the sewer rate for billable units in the City of Beverly
shall be three dollars and fifty-six cents ($3.56). Out of town users will be charged
the same dollar amount increse (from $3.66 to $4.98 per billable unit) at least until
further review by the City Solicitor.
Order read once and adopted.
RECORDS OF THE BOARD OF ALDERMEN
the Committee on Finance and Property to whom was referred the matter of bfayor's request for
transfers to Planning Department accounts hays considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That the sum of Ten Thousand Two Hundred Fifty Dollars ($10,250.00) be, and the same is
hereby transferred from account "Planning - Full Time Staff" to the following Planning
Department accounts:
"Longevity - 01-151-5140"
"Shuttle Bus - 01-361-5380
Total
in accordance with the recommendation of His Honor the Mayor.
be expended under the direction of the Planning Director.
$ 350.00
9,900.00
$10,250.00
Said sum of money to
Order read once, passed to a second reading under charter provisions.
The Committee on Finance and Property to whom was referred the matter of a request for SESD director
to meet periodically with Council, have considered said matter and beg leave to reporst as follows,
Receive and Place on File.
The Committee on Finance and Property to whom was referred the matter of Mayor's request for
transfer to "Harbormaster - Safety Clothing" ($3,500.00) have considered said matter and beg leave
to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That the sum of Three Thousand Five Hundred Dollars ($3,500.00) be, and the same is
hereby transferred from account"Fuel" - $2,500 - and from account "Office Supplies"
- $1,000 to account "Harbormaster - Safety Clothing", in accordance with the
recommendation of His Honor the Mayor.
Said sum of money to be expended under the direction of the Harbormaster.
Order read once, passed to a second reading under charter provisions.
The Committee on Finance and Property to whom was referred the matter of Mayor's request for first
reading on Harbormaster transfer, have considered said matter and beg leave to report as follows:
Receive and Place on File
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Jane
Bernhart, have considered said matter and begf leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change -
parking on Access Road, have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption.
In the year one thousand nine hundred and ninety-four
An Ordinance amending an ordinance entitiled "Motor Vehicles and Traffic" relative to Parking
prohibited on certain streets at all time.
Be it ordained by the City council of the city of Beverly as follows:
RECORDS OF THE BOARD OF ALDERMEN
That Chapter 14, Section 120 of the ReViSed O~din~nce~:~ '~he Ci~ ~f BeVe~i~: 1989~ 5e~ and ~h~:~
same is hereby amended by adding thereto the following:
"Access Road, southerly side, from Dodge Street, one hundred fifty feet (150") easterly"
This ordinance to take effect upon passage.
Ordinance read once and adopted.
The Committee on Legal Affairs and Accouts to whom was referred the matter of Ordinance change -
Parking on Bow street, have considered said matter and beg leave to report as follows, to wit:
No Further Action
Order read once and adopted.
I
The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change
Parking at 174 Rantoul Street, have considred said matter and beg leave to report as follows, to
wit:
No Further Action
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Mortgage Discharge-!
Arnold and Nancy Ambrose, have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That His Honor the Mayor be, and the same is hereby authorized to sign the attached
Mortgage Discharge for property owned by Arnold S. and Nancy M. Ambrose at 102-104
Elliott Street, Beverly, in accordance with the recommendation of the Planning Director.
Order read once and adopted.
=The Committee on Legal Affairs and Accounts to whom was referred the matter of Mortgage Discharge-
Megan Realty Trust, have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That His Honor the Mayor be, and the same is hereby authorized to sign the attached
Mortgage Discharge for property at 73 Park Street, owned by Edmund Fitzgerald, Trustee
of Megal Realty Trust, in accordance with the recommendation of the Planning Director.
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter opf Claim - Roy Ruff,
have considered said matter and beg leave to report as follows, to witf
Receive and Place on File
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Virginia
Belanger, have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - OJ Pinstrip
have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
RECORDS OF THE BOARD OF ALDERMEN
The Committee on Public Servcie and Aid, to whom was referred the matter of request for live tree
removal at 28 Windsor Road, have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recom~lend its adoption.
ORDERED: That the City Council of the City of Beverly will conduct a Public Hearing on Monday,
June 6, 1994 at 7:55 p.m. in the council chamber, third floor, City Hall relative to the
removal of a live tree at 28 Windor Road.
Order read once and adopted.
The Committee o Public SErvice and Aid, to whom was referred the matter of request for live tree
removal at 10 Dearborn Avenue, 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 conduct a Public Hearing on Monday, June 6,
1994 at 7:55 p.m. in the Council Chamber, third floor, City Hall relative to the removal
of a live tree at 10 Dearborn Avenue.
Order read once and adopted.
The Committee on Public Service and Aid, to whom was referred the matter of live tree removal at
21 Neptune 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 City Council of the City of Beverly conduct a Public Rearing on Monday, June 6,
1994 at 7:55 p.m. in the Council Chamber, third floor, City Hall relative to the removal
of a live tree at 21 Neptune Street.
Order read once and adopted.
The Committee of the Whole, in the matter of an appointment from the Council to the Economic and
Community Development Council have considered said matter and beg leave to report as follows, to
wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That the Council representative to the Economic and Community Development Council be
Ward Three Councilor, Joyce A. Golin.
Order read once and adopted.
UNFINISHED BUSINESS:
#194
The transfer of $10,000 to account "Police Overtime" was passed to a second reading, laid
over under charter provisions and passed on a roll call vote.
YEA: Coughlin, Gilmore, Golin, McGlynn, Murray, Troubetaris and Nardella
NAY: Mahan
ABSTAIN: Rollins
MOTIONS AND ORDERS:
By Councilor Coughlin:
ORDERED:
That the Commissioner of Public Works be, and the same is hereby requested to make a
study and recommendation relative to the removal of a live tree at 19 Puritan Road, the
home of Mr. and Mrs. Emilio Albano.
Referred to the Committee on Public SErvice and Aid.
Motion to adjourn: 9:40 P.M.
Attest:
Constance E. Perron
City Clerk