1994-10-17RECORDS OF THE BOARD OF ALDERMEN
REGULAR MEETING OF THE BEVERLY CITY COUNCIL - OCTOBER 17, 1994 AT 8:00 P.M.
ROLL CALL: Present: Coughlin, Gilmore, Golin, Mahan, MeGlynn, Murray, Rollins, Troubetaris and
Nardella
Absent: None
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Council Troubetaris
ACCEPTANCE OF MINUTES OF PRIOR MEETING: Motion made and seconded to accept minutes of October 3,
1994 meeting - motion passes.
CONFIRMATIONS:
#389 The re-appointment of MarJorie Thompson and Joseph Pietrini to the Board of Registrars of
Voters, was unanimously confirmed.
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
October 17, 1994
Honorable City Council
City Hall
Dear Honorable Council:
The Charter Commission leadership has approached me requesting a supplemental appropriation of
Twelve Thousand Dollars ($12,000.00) to properly codify the various recommendations for change and
improvement which the Charter Commission has developed over the past many months.
I support this request and would ask that Twelve Thousand Dollars ($12,000) be transferred from
account "Reserve for Unforeseen" to account "Charter Commission."
Said sum of money to be expended under the direction of the Charter Commission.
Very truly yours,
William F. Scanlon, Jr., Mayor
P.S. I respectful'ly request that the Council take a first reading on this matter tonight, Oct.
17, 1994. W.F.S.
Referred to the Committee on Finance and Property.
October 17, 1994
Honorable City Council
City Hall
Dear Honorable Council:
As the computer conversion has progressed, a number of tasks which had formerly fallen on outside
vendors has been transferred to the Treasurer/Collector's office. Additionally, the increased
enforcement of parking meters within Beverly has led to more parking citations.
In order to process the duties of the Treasurer/Collector's office in a timely fashion, it is
necessary to add an additional clerk at the earliest possible moment. While this individual's
efforts will not be dedicated solely to the administration of parking citations, there will be
enough additional revenue from parking revenues to pay for this position.
I urge your speedy approval of this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
P. S. I would appreciate a first reading this evening. Funding for this request should come from
account "Reserve for Unforeseen: That account will, in effect, be reimbursed by additional
parking revenues. W.F.S.
Referred to the Committee on Finance and Property.
RECORDS OF THE BOARD OF ALDERMEN
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the attached Mortgage
Subordination for Mario Cotoia, 10 River Street, Beverly, MA
Attached is a communication from Kim Driscoll, Community Development Manager concerning this
request.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to the Committee on Legal Affairs and Accounts
COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS:
October 11, 1994
The Honorable City Council
City Hall
Re: CITY COUNCIL ORDER ~254 - REZONING OF LOTS ~105 and ~106 ON Assessors map ~19 from "IG" to
"CG" Zoning District
Dear Members of the Council:
At a Special Meeting of the Planning Board held on Thursday, October 6, 1994, members of the Board
voted 7-2 (William Delansy, Richard dinkin, Joanne Dunn, James Manzi, Salvatore Modugno, Stephen
Papa, John Thomson in favor, Derek Cavanaugh and Ann Mahoney against) tro recommend to the
City Council that the above referenced Order be adopted.
Individual members of the Planning Board expressed concerns that, in order for this site to be
appropriately developed for com~ercial uses, the following specific metigation measures should
be addressed:
Installation of traffic signalization on Elliott Street at driveway intersection and coord-
ination of traffic signal with existing signals at Elliott Street and McKay and Elliott
and Rantoul; realignment of main driveway to north parcel with new south parcel entrance
Widening of and improvements to Elliott Street (sidewalks reconstructed in front of project
striping ofcenter turning lanes), dedicated eastbound turning lane into south parcel, replace
bituminous curbs with granite curbs, street trees and tree belt, resurfacing of Elliott
from McKay to McPherson.
Restriping the McPherson Drive southbound intersection approach at Bridge Street to
accommodate a through lane and a right-turn lane
Retiming the existing traffic at Elliott Street and Rantoul Street to operate on a 70-second
cycle instead of a 60-second cycle.
Switching of the STOP sign control at the intersection of McPherson Drive and Federal Street
intersection so that McPherson Drive approached have the right of way.
The proposed traffic signals at the site of the proposed south parcel driveway should be a
closed loop" signal system
A "Do Not Block Instersection" sign should be erected on the westerly corner of the Elliott
Street and McPerson Drive intersection facing eastbound Elliott Street eastbound traffic
Installation of traffic signal at intersection of Bridge Street and River Street should
post-development traffic volumes warrant
Installation of traffic signal at intersection of Elliott Street and McPherson Drive if
actual traffic volumes post development warrant such improvement
* Prohibition of left hand turns from cutomer parking lot';drivewayLonto McPherson Drive, if
the prohibition can be implemented withouth detriment to traffic patterns elsewhere around
the development.
Thank you in advance for your consideration of the Planning Board's recommendation. If you have
any questions, with respect to this vote of the Planning Board, please feel free to contact
RECORDS OF THE BOARD OF ALDERMEN
City Planner Tina Cassidy at 921-6000, ext. 171.
Respectfully,
James A. Manzi, Chairman, Planning Beard
Referred to the Committee of the Whole
Honorable City Council
City Hall
Dear Council,
Re: Truck Exclusion on Grover Street
We have received a permit, ~E-B-030-6171, from the Massachusetts Highway Department, restricting
trucks over 2½ tons from Grover Street. This permit allows trucks over this weight that are
legitimately on this street access but restricts all other trucks over 2{ tons from using Grover
Street.
Please take the necessary action to amend City of Beverly Revised Ordinance Chapter 14, SEction 95
as follows:
Add: Grover Street, to be explded from trucks two and one-half (2{) tons or over from Dodge
Street to Essex Street, Route 22.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant, Safety Officer
Referred to the Committee on Legal Affairs and Accounts
Honorable City Council
City Hall
Dear Council,
Re: STop Sign
We have been asked by some residents of the Harris Street/Livingstone Avenue area to look into
placing a STOP sign on Harris Street at Livingstone Avenue. We have investigated this location
and found it does meet the warrants for a STOP sign.
In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and
Chapter 14, Section 86, of the Revised Ordinance of the City of Beverly, we request the following
stop sign:
ADD: Harris Street, westbound drivers on Harris Street at Livingstone Avenue.
Very truly yours,
Dennis 0. Tarsook, Traffic Sergeant, Safety Officer.
Referred to &he Committee on Legal Affairs and Accounts
Honorable City Council
City hall
Dear Council,
Re: Parking on Lakeview Avenue
We have received complaints about parking on the southerly side of Lakeview Avenue, at the Enon
Street end, since a new business located in a building on the corner. Motorists and residents
complain about khe narrowness of Lakeview Avenue with vehicles parked on the southerly side of the
street, expecially turning off Enon Street onto Lakeview Avenue. The new business does have a
parking lot so there is no reason for vehicles, they can fit two vehicles, to be parked there.
Please take the necessary action to amend City of Beverly Revised Ordinance Chapter 14,,Section 12(
as follows:
ADD: Lakeview Avenue, southerly side, from Enon Street to fifty (50) feet westerly.
Very truly yours,
Dennis O. Tarsook Traffic Sergeant, Safety Officer.
· Referred to the Committee on Legal Affairs and Accounts.
RECORDS OF THE BOARD OF ALDERMEN
COFR4UNICATIONS, APPLICATIONS AND PETITIONS:
A Communication from Michael Joseph Connolly, Secretary of the Commonwealth of Massachusetts
issuing the warrant for the election on November 8, 1994, listing all officers of the
Commonwealth to be elected.
Receive and Place on File.
A Communication from Barbara Papish, 15 Hale Park Avenue, in opposition to re-zoning parcel of
land on Elliott Street (Shoe Property)
Referred to the Committee of the Whole.
Three Party Agreement and Lot Release Form for Maplewoods Subdivision
Referred to the Committee on Legal Affairs and Accounts.
Communication from Massachusetts Department of Education relative to School Finance Regulations
1994
Received and Placed on File.
Massachusetts Electric petition for pole relocation - Fairview Avenue.
Referred to the Committee on Pulbic Service and Aid.
A Communication from Forty-Six and Fifty-Six Enon Street Realty Trust, James D. Dawson, Trustee,
relative to technical definition of propane as it is defined in Watershed Overlay Protection
District of Zoning Ordinance.
Referred to the Committee on Legal Affairs and Accounts.
Claim - Stephen Vande Water, 18 Vine Street, Beverly Farms, Massachusetts - resubmission
Referred to the Committee on Legal Affairs and Accounts.
REPORTS FROM COMMITTEES
The Committee on Finance and Property to whom was referred the matter of Request from library
for declaration of surplus property, 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 declare architectural marble pieces from
the library construction to be surplus to the needs of the City of beverly and authorize
the Library Director to dispose of them in accordance with the requirements of MGL
Chapter 30B as it relates to the dispostion of surplus municipal property.
Order read once and adopted.
The Committee on Finance and Property to whom was referred the matter of Mayor's request for
transfer to account "Charter Commission" ($12,000.00) 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 Twelve Thousand Dollars ($12,000.00) be, and the same is hereby
transferred from account "Reserve for Unforeseen" to account "Charter Commission", in
accordance with the recommendation of His Honor the Mayor.
RECORDS OF THE BOARD OF ALDERMEN
Said sum of money to be expended under the direction of the Charter Commission.
Order read once and passed to a second reading, laid over under charter provisions.
The Committee on Finance and Property to whom was referred the matter of Mayor's request to fill
position in Treasurer-Collector's office, 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 add an additional
clerk in the Treasurer/Collector's office, and that the funds necessary to fund the
position be transferred from account "Reserve for Unforeseen" to account "Collector/
Treasurer, Salaries", in accordance with the recommendation of His Honor the Mayor.
Said sum of money to be expended under the direction of the Collector/Treasurer.
Order read once and passed - 8-1 with Councilor Mahan in opposition. Passed to a second reading
laid over under charter provisions.
The Committee on Legal Affairs and Accounts to whom was referred the matter of New England Power
exemption from zoning ordinance of the City of Beverlyhave considered said matter and beg leave ~(
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 Mayor's request
to sign lease agreement with Nextel for antenna on water tower, 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
lease agreement with NEXTEL for the installation of an antenna on the water tower, aftel
review by the Commissioner of Public Works for approval of the location and the
installation on the tower.
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Police request for
ordinance change - parking on Elliott Street, have considered said matter and beg leave to report
as follows:
Submit the accompanying ordinance and recommend its adoption.
City of Beverly
in the year one thousand nine hundred and ninety-four
An Ordinance amending an ordinance entitiled "Motor Vehicles and Traffic: relative to Parking
prohibited at all times
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be, and the
same is hereby amended by deleting therefrom the following:
"Elliott Street, southerly side, from Park Street to a point fifty (50) feet westerl!
This ordinance to take effect upon passage.
Order read once and adopted.
RECORDS OF THE BOARD OF ALDERMEN
The Committee on Legal Affairs and Accounts to whom was referred the matter of Police request for
ordinance change - Obedience to Special Traffic Control devices - River Street- have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption.
CITY OF BEVERLY
In the year one thousand nine hundred and ninety-four
An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic: relative to Obedience to
Special Traffic Contol Devices
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section 94 of the Revised Ordinances of the City of Beverly, 1989, be, and the
same is hereby amended by deleting therefrom the following:
"Sub-section (b) (2) Left turns, Southbound motorists on River Street must turn left,
easterly, onto Pleasant Street from 7:00 a.m. to 9:00 a.m., Monday, thru Friday."
And inserting in place thereof the following:
"Sub-section (d) (3), River Street at Pleasant Street, southbound motorists, 7:00 a.m.
to 9:00 a.m., Monday through Friday."
This ordinance to take effect upon passage.
Order read once and adopted.
The Committee on Public Service and Aid to whom was referred the matter of New England Telephone
petition for conduit at Beverly Hospital, have considered sai matter and beg leave to report as
follows, to wit:
Recommend the petition be granted.
Order read once and adopted.
The Committee on Public Service and Aid to whom was referred the matter of Mass Electric peltion
for conduits in Enon Street, have considered said matter and beg leave to report as follows, to
wit:
Recommend the petition be granted.
Order read once and adopted.
The Committee on Public Service and Aid to whom was referred the matter of Request from John
Bianchi to tie into Beverly sewer and water system, have considered said matter and beg leave
to report as follows, to wit:
Submit ~he accompanying order and recommend its adoption
ORDERED:
That the City Council of the City of Beverly authorize Mr. and Mrs. John Bianchi to tie
into the Beverly sewer and water system for a Wenham subdivision bordering Beverly,
provided that the City Solicitor approves the process and that special legislation be
filed by Representative Cahill, in accordance with the requirements of South Essex
Sewer District and the Beverly-Salem Water Supply Board.
Order read once and adopted.
The Committee on Public Service and Aid to whom was referred the matter of Boston Gas petition
for installation of gas main in Elliott St. Beckford Street and Cabot 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 hold a public hearing on Monday, November 7, 1994 at 7:45 p.m. in
the Council Chamber, third floor, City Hall, relative to the petition of Boston Gas
Company for gas main locations in Elliott Street, in Beckford Street and in Cabot Street
Order read once and adopted.
RECORDS OF THE BOARD OF ALDERMEN
UNFINISHED BUSINESS
#387
Mayor's request for transfer to account "Out of State Travel" ($560.00), received by
City Council on October 3, 1994 and passed to a second reading, was passed on a roll
call vote.
Yea: Coughlit, Gilmore, Goltn, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella
Nay: None
MOTIONS AND ORDERS
By Councilor Rollins:
ORDERED:
That the Public Works Department be, and the same is hereby ordered to inspect the Old
Briscoe Building thoroughly and to secure the premises, including repairing the broken
front window and the stairway to the roof.
Councilor Rollins moves for action on this matter and Councilor Troubetaris seconds motion. Brief
discussion as to necessity due to potential liability. Order read once and passed.
By Councilor Rollins:
ORDERED:
That the two hour parking limit on the westerly side of Rantoul Street (from #50 to
#112) be lifted from 5:00 p.m. to 8:00 p.m. to allow residents of the area to park over-
night, once business hours are over. Please see attached ordinance change recommended
by Sergeant Tarsook.
Referred to the Committee on Legal Affairs and Accounts.
By Councilor Coughlin:
ORDERED: That the police Chief agument the traffic department personnel to better serve the
public safety need.
Referred to the Committee on Finance and Property.
Rules suspended to allow Council Coughlit to comment on news article in Beverly Times relative
to mitigation measures for development of Stop and Shop. Mayor requests permission to read
statement to citizens of Beverly in support of re-zoning south parcel of United Shoe Property.
Councilor Gilmore objects. Councilor Golin calls for vote of Council. Motion passes 7-2
with Gilmore and Mahan opposing. Mayor reads document and urges Council support of re-zoning
measure.
Motion to adjourn: 10:25 P.M.
Attest: Constance E. Perton
City Clerk