1994-09-06RECORDS OF THE BOARD OF ALDERMEN
REGULAR MEETING OF THE BEVERLY CITY COUNCIL - SEPTEMBER 6, 1994 AT 8:00 P.M.
ROLL CALL: PRESENT: Coughlin, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella
ABSENT: Gilmore
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor McGlynn
ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS:
Motion made and seconded to accept minutes of
Regular meeting of July 18, 1994 and of Recessed
meeting of July 21, 1994. Motion passes
CONFIRMATIONS:
#341 The appointment of Michael J. Cassola, Gary F. Little, Erik W. Schultz, Jason DiDonato,
Raymond F. McSwiggin and Keyin T. Wood as Permanent Reserve Police Officers was confirmed.
#342
Motion was made and seconded to waive the residency requirement for the appointment of
Robert Goldberg to the Beverly Golf and Tennis Building Commission. Motion passed.
The appointment of Louis Bennett, John Coogan and Robert Goldberg to the Beverly Golf
and Tennis Building Commission was confirmed.
#346 The appointment of John Moorman as Second Assistant City Solicitor was confirmed.
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
September 6, 1994
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint the attached list of persons as election workers for the year 1994 as per the
attached communication from City Clerk Constance Perron.
Very truly yours,
William F. Scanlon, Jr., Mayor
Received and Placed on File
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit for your information the appointment of Mr. William L. Rodenbaugh, 81Lothrop
Street, Bevery, MA 01915 as a member of the Economic and Community Development Committee.
He will replace Mr. Richard Sousa who has moved out of the City.
Very truly yours,
William F. Scanlon, Jr., Mayor
Received and Placed on File
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation , Mr. Arthur A. Vanetzian, Jr., 177 Common Street,
Watertown, MA 02172, as a Constable in the City of Beverly for the express purpose of serving
Civil Process.
Attached is Mr. Vanetzian's application which has been approved by Police Chief John J. Ftnnegan.
Very truly yours,
William F. SCanlon, Jr., Mayor
Laid over for confirmation.
RECORDS OF THE BOARD OF ALDERMEN
COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS:
August 16, 1994
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
Re: Unit #207, 36 Dunham Road
Dear Honorable Council:
Attached you will find a certificate to be executed by the City of Beverly which refers to the
deed restricitions for the sale of unit #207, 36 Dunham Road. This Certificate is required by the
deed rider under Section 2(a).
I would like to request that your Board authorize Mayor Scanlon to execute this certificate on
behalf of the City of Beverly.
Respecfully,
Katrina A. O'Leary, Assistant Planning Director.
Referred to the Committee on Legal Affairs and Accounts.
24 August 1994
Beverly City Council
City Hall
Ladies and Gentlemen:
The Beverly City Council has been petitioned to amend two zoning ordinances concerning waterfront
property in the City. The Beverly Harbor Management Authority is charged with the responsibility
of making written recommendations to the City Council regarding the proposed changes. After
careful review of the proposed changes and other issued associated therewith, the BHMA, by vote
cast on 18 August 1994 at a duly notified meeting, hereby provides those recommendations. Please
not that the recommendations address the changes only as related to the Authority's scope of
responsibility for water front property.
PROPOSAL TO CHANGE ZONING OF LOTS 105 and 106 ON CITY ASSESSORS" MAP 19 from designation "IG" to
"CG": The BHMA has no objection to this change. Any development of waterfront property is
governed by the provisions of MGL Chapter 91 and its implementing Regulations, 310 CMR 9.0. The
Chapter 91 regulations are administered by the Massachusetts Department of Environmental
Protection. Addionally, since a large portion of the subject land is Filled Tidelands, the
development is subject to very specific Chapter 91 licensing conditions which are expanded for
Nonwater-dependant usage. Conformance with these regulations will assure the development of the
propoerty in accordance with the desires of the BHMA. The Chapter 91 imposed requirements are
the same for either of the zoning designations in this case. It is noted that the provisions of
the "CG" designation may assure a more applealing development with petter public access than "IG"
since there is open space and other building restriction criteria extablished only for the former.
PROPOSAL TO ADD "PUBLIC RECREATIONAL ROATING FACILITY "AS A USE BY RIGHT IN A "CG" ZONE - The
BHMA doe not believe this change is necessary. The apparent purpose of the change is to obtain
rights by the Bass Haven Yacht Club in addition to those authorized by current ordinances. The
BHMA does not believe that zoning changes are an acceptable means to address individual issues.
If approved, this right would be applicable to any "CG" property in the City including the
potential of areas re-zoned in the future.
We understand the current land use of the Bass Haven Yacht Club is grandfathered under current
zoning ordinances. Development plans for the Black & Decker property by Stop & Shop contemplates
use by the Bass Haven Yacht Club of land for boat storage and parking not currently dedicated to
that usage. It is therfor concluded that the proposed change is to obtain approval for boat storag.
as an accessory use on this additional land. We believe that the current "CG" regulations
allow this use to be authorized for the BHYC by means of a Special Permit without an ordinance
change. The Authority would support a Special permit for this use.
As previously stated, we believe that Bass Raven Yacht Club is currently covered by the
provisions of the "CG" zone for Special Permit usage. They appear to meet the requirements as a
"Private or quasi-public club". However, if a legal decisions should determine this is not the cas
and the City considers a zoning change to clarify this matter, then the Authority recommends:
°The "Public Recreational Boating Facility" be added to the "CG" zone as a use authorized
by Special Permit and not as a use by Right. This would also assure that any developments would
be subject to a site plan review by the Planning Board.
°If any definitional zoning change is made to recognize a Public Recreational Boating
Facility by Right or Special Permit, then language similar to that of Section G applicable to
Special Permits for the Waterfront Development D~[ic~t__s~h~!~.~_~o~n~i~redl.' T~he~e_r_~uir~e_m~_n~
RECORDS OF THE BOARD OF ALDERMEN
relate to public walkways, Chapter 91 obligations and other requirements unique to waterfront
developments.
°If the propsed definitional zoning change is made invloving the allowance of a non-
profit boat club in a "CG" zone, then the change should be further defined to allow for boat
storage only as a use appurtenant to a nonprofit boat club, and further providing that the nonproft
board club use would be allowed only on parcels having frontage on Bevery coastal waters.
The foregoing recommendations and comments address the subject of the proposed zoning changes.
It is our understanding that if the property is re-zoned per the request, there is virtual
assurance that the property will be developed by the Stop & Shop and the Bass Haven Yacht Club.
This will be done essentially in accordance with plans that have been the subject of a recent,
and continuing, Public Hersing. The zoning changes are theoretically unrelated to the presented
development plans. However, in view of the clear intent of the parties to proceed if the zoning
change is approved, it is impossible to separate them in the decision process. We are therfore
providing to you several recommendations which we consider to be a prerequisite to that development
These recommendations have been prepared following discussions held amoung representatives of
the Authoirty, Bass Haven Yacht Club, Black & Decker, Stop & Shop and the City Solicitor. As a
result of these discussions, the Authority concurs with the development plans whihc include the
following BHMA recommendations. Area references refer to the attached plot plan entitiled
Proposed Parcel and Public Access Plan. However, many of the notes on this plan require updating
to reflect current understandings.
DRAPER'S POINT LANDING AND DOCK LANE - Black and Decker has petitioned the Massachusetts Land Court
to register the Land being considered for the development. The petition specifically requested the
elimination of Dock Lane, the historic access way to the Draper's Point Public Landing. They
claim it to be a private way. They also claim ownership of the land associated with the landing,
recogninzing only an easement of the pubic to use the landing. We have conducted extensive
research on the history of the landing and Dock Lane. As a result thereof, we are convinced
that Dock Lane and the land associated with the Landing have been owned by the City since at least
1648. Legal arguments notwithstanding regarding the merits of easements vs. ownership, the
Authority believes that the City must insust on establising and maintaining clear ownership of the
historic landing and its access road. We are firmly committed to retaining the landing and its
access way as a historic site. To fulfill this objective, the area must retain as much of its
natural habitat as is practicable.
To achieve this objective, the Authoirty recommends that:
°The City be granted any right, title, and interest which Black & Decker may have in the
areas of the Draper"s Point Landing and the strip along McPherson Dirve Marked 3A, 3B, and 3D.
°The BHYC be conveyed Area 3C (the area to the South and East of reconfigured Dock Lane also
bordered by McPherson Drive and Draper's Point Landing) by B & D. Area 3C will not be used for
board storage but may be used by BHYC for the parking of cars and boat trailers. In constructing
parking and boat trailer area, the BHYC will remove the brush and smaller trees, and make a
reasonable effort to retain the large trees. There will be no fence around the area 3C.
CHAPTER 91 CONSIDERATIONS - Waterfront development in the Commonwealth of Massahusetts is subject
to the conditions of MGL Chapter 91 and its implementing regulations. SInce much of the land in
question is also filled tidelands, it is subject to strict licnesing conditions whihc will be
administered by the Department of Environmental Protection. The BHMA considers the following
public access conditions to be the minimum acceptable:
°The development will include a park area on the West Side (Area 1B) approximately as
shown on the attached plan including a public walkway approsimately ten (10) feet wide, the park
to be open to the public and maintained by S&S, and to be configured in accordance with the
requirements of MGL Chapter 91 public access requirements. The bluff will not be cut to accomodat~
additional boat storage.
°Public access across the BHYC land (Area 2A) will be provided in accordance with MGL Chapte~
91 requirements approximately as shown on the plan. BHYC will have a gate at the area where the
park area walkway meets the BHYC lot line. The gate will be open during normal operating hours of
BHYC and closed when BHYC is not open. BHYC's restrooms will be open to the public during normal
operating hours. Public access will continue across BHYC land to mcPherson Drive as shown on the
Plan. If the BHYC gate is closed, then the public may walk across the rear of Area 1A (the loadin~
area for S&S) behind the S&S building in a designated area abutting the fence.
°Signags in accordance with the provisions of MGL Chapter 91 for the public access walkways
and the BHYC restrooms will bs mutually agreed upon by BHMA, BHYC, S&S, NDNE and the DEP.
°Conformance with these conditions as established by the City will neither limit nor waive
any MGL Chapter91 requirements or guildelines as may be imposed by the DEP.
LOW WATER LINE - Land ownership of tidal flares in MassacnJsetts is usually determined by the
location of Historic Low Water. The Black & Decker petition to the Land Court include a mean low
water line as the basis of claimed land ownership whihc we believe is significantly displaced from
Historic Low, Water, thereby including Commonwealth Tidelands in their claim. The City of Beverly
has filed an objection to this claim. The location of this property line must be properly defined
as a condition of the development. We believe that a site development plan applicable to any
waterfront development should be required to depict Historic Mean Low Water as is the case for
"WD" zoning. THe city should not accept the MLW depicted on the land court petition plan until
the DEP ascertains the proper location. The BHMA has submitted a letter to the DEO requesting
such a determiniation. The Authority agrees to abide by DEP"s final determination concerning the
tidelands area.
RECORDS OF THE BOARD OF ALDERMEN
Subject to the formal agreement of all parties to the recommendations and conditions of this
letter, the BHMA agrees to:
°Withdraw its objection to the B & D petition to the Land Court,
°Support the necessary action to deed all right, title, and interest, including the
abandonment of all public rights, of the area of Dock Lane Marked 2C to the Bass Haven
Yacht Club,
°Support the petition of Black & Decker to rezone the property from "IG" to "CG".
The BHMA believes that formal agreement to all of these recommended actions and conditions by the
parties should be a prerequisite for approval of the requested change in zoning of the property
from "IG" to "CG". Upon finalization of such an agreement, the Authority is satisfied that
the development will preserve and protect the public rights prescribed by law for development
of waterfront property. The development will support efforts to revitalize unproductive property
along the uban waterfront of Beycry in a manner that promotes public use and enjoyment of the
water. Additionally, Draper's Point Landing and its access way, Dock Lane, will be preserved as a
historical site forever.
Very truly yours,
Gerald LaCombe, Chairman, BHMA
Referred to the Con~nittee on Legal Affairs and Accounts.
COMMUNICATIONS, APPLICATIONS AND PETITIONS:
A petition from New England Telephone for the installation of underground conduit in Herrick St.
Referred to the Committee on Public Service and Aid.
A communication from Massachusetts Electric notifying the City of Beverly as an abutter of
the filing of a Notice of Intent with Conservation Commission re Filtek Property, Henderson Rd.
Received and Placed on File
A petition from Massachusetts Electric re pole installation on Grover Street
Referred to the Committee on Public Service and Aid.
A petition from Massachusetts Electric re pole relocation - Grover Street.
Referred to the Committee on Public Service and Aid.
A petition from Massachusetts Electric for installation of PVC conduits in Enon Street.
Referred to the Committee on Public Service and Aid.
Application - Auctioneer's License - Bernard Marton
Referred to the Committee on Legal Affairs and Accounts.
A Communication from Department of Environmental Protection re granting of Chapter 91 license
to Beverly Harbor Management Authority.
Received and Placed on File.
A Communication from Commonwealth of Massachusetts re warrant for State Primary - September 20,
1994
Received and Placed on File.
RECORDS OF THE BOARD OF ALDERMEN
A communication from Tony Toledo Boffo requesting American Sign Language interpreter for
Public Rearing - September 8, 1994
Received and Placed on File.
Communication from Department of Environmental Protection re Commonwealth's Solid Waste Master
Plan for 1994.
Received and Placed on File (Copy sent to George Zambouras)
Communication from Mr. and Mrs. John Bianchi requesting permission to tie into Beverly's Water
and Sewer system for Wenham subdivision.
Referred to the Committee on Public Service and Aid.
Communication from Paul Galluzzi requesting change of policy re accepting logs at Standley Street
compost pil~.
Referred to the Committee on Public Service and Aid.
Communication from Continental Cablevision re response to complaints received on service and rates
Received and Placed on File (Copy given to Cable TV ADvisory Committee)
Claim - June Alvaredo, 26 Lee Fort Terrace, Salem, MA 01970 - ball through windshield.
Referred to the Committee on Legal Affairs and Accounts.
Claim - Ms. June Curtis, 12A Riverview Circle, North Bergen, NJ 07047 by Attorney - slip & fall
Referred to the Committee on Legal Affairs and Accounts.
Claim - Alicia Terenzi, 28R Ober Street, Beverly, MA 01915 - drove into water trench.
Referred to the Committee on Legal Affairs and Accounts.
Claim - Edward E. Brindle, 34 Cross Street, Beverly, MA 01915 - electrical repair due to tree
Referred to the Committee on Legal Affairs and Accounts
Claim - Katie and Stephen Vande Water, 18 Vine Street, Beverly, MA01915 - Tree damage
Referred to the Committee on Legal Affairs and Accounts.
Claim - Herbert Carter, 55 Locust Street, Reading, MA 01867 - driving over tree in road.
Referred to the Committee on Legal Affairs and Accounts.
REPORTS FROM COMMITTEES:
The Committee on Legal affairs and Accounts to whom was referred the matter of Planning Departmenl
request for Mayor's signature on deed restriction - Dunham Road Condominiums, have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
RECORDS OF THE BOARD OF ALDERMEN
ORDERED: That His Honor the Hayor be, and the same is hereby authorized to sign the attached
waiver of right of first refusal for the City of Beverly for the sale of Unit 207 in
Dunham Castle Condominiums.
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Auctiqneer's
license - Bernard Harron, 174 Lynn Street, Peabody, MA 01960, have considered said matter and
beg leave to report as follows, to wit:
Recommend the license be granted.
Order read once and adopted.
The Committee on Public Service and Aid to whom was referrd the matter of Rollins order for
removal of live tree at 34 Washington Street, have considered said matter and beg leave to
report as follows, to wit:
!iSubmit the accompanying order and recommend its adoption.
!ORDERED: That the City Council hold a Public Hearing on Monday, September 19, 1994 at 7:58 p.m.
in the Council Chambers, third floor, City Hall relative to the removal of a live
tree at 34 Washington Street.
Order read once and adopted.
The Committee on Public SErvice and Aid to whom was referred the matter of Mass Electric petition
for pole installation on Grover Street, have considered said matter and beg leave to report as
follows, to wit:
i]Submit the accompanying order and recommend its adoption.
ORDERED: That the City Council hold a Public Hearing on Monday, September 19, 1994 at 7:50 p.m.
in the Council Chambers, third floor, City Hall relative to the Mass Electric petition
for installation of Pole 1611-1 in Grover Street.
Order read once and adopted.
~The Committee on Public Service and Aid to whom was referred the matter of Mass Electric petition
roe pole relocation of pole #1587, have considered said matter and beg leave to report as follows,
to wit:
~ubmit the accompanying order and recommend its adoption.
ORDERED: That the City Council hold a Public Hearing on Monday, September 19, 1994 at 7:55 p.m.
in the Council Chambers, third floor, City Hall relative to the Mass Electric petition
for relocation of pole #1587 in Gover Street and the installation of a heavy duty
handhole and 143' of direct buried 3" PVC conduits encased in concrete in Grover Street.
Order read once and adopted.
MOTIONS AND ORDERS:
By Councilor Troubetaris:
ORDERED:
That the City of beverly take steps to have a double pole immediately removed in front
of 12 Shortell Avenue. Correspondence between Mass Electric and Nynex for more than
a year has been to no avail.
Referred to the Committee on Public Service and Aid.
By Councilor Troubetarie:
ORDERED:
That no utilities be granted a permit in the City of Beverly unless there is a coordinati,
of efforts in place to remove a double pole within thirty days of erection of new pole,
and that a retainer fee for every permit be submitted to the City of Beverly to cover the
cost of removal in the event the utility pole is not removed within the thirty day
RECORDS OF THE BOARD OF ALDERMEN
This fee will be equal to the cost the City incurs to remove pole.
Referred to the Committee on Public Service and Aid.
Motion to adjourn: 9:00 p.m.
Attest: Constance E. Perton
City Clerk
SPECIAL MEETING OF THE CITY COUNCIL CALLED BY MAYO.~ SEPTEMBER 12, 1994 at 6:00 P.M.
ROLL CALL: Present: Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella
Absent: Coughlin
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Golin
CONFIRMATIONS:
#353 The appointment of Arthur Vanetzian, Jr. as Constable to serve civil process was confirmed.
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
September 12, 1994
Honorable City Council
City Hall
Beverly, MA01915
Dear Honorable Council:
I hereby request that your Honorable Council adopt the attached Bond Authorization in the
amount of $850,000 for the purchase of various departmental equipment.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to the Committee on Finance and Property.
Motion to adjourn: 6:05 P.M.
Attest: Constance E. Perton
City Clerk