1994-11-21RECORDS OF THE BOARD OF ALDERMEN
7:00 P.M.
7:55 P.M.
#422 A Public Hearing re Tax Classification
Remanded to the Committee on Finance and Property
#409 A Public Hearing re Mass Electric petition for pole relocatton - Falrview Ave.
Remanded to the Committee on Public Service and Aid
REGULAR MEETING OF THE BEVERLY CITY COUNCIL - NOVEMBER 21, 1994 AT 8:00 P.M.
ROLL CALL:
Coughlin, Giomore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and
Nardella
None
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Murray
ACCEPTANCE OF MINUTES OF PRIOR MEETING: Motion made and seconded to accept minutes of meeting of
November 7, 1994 - Motion passes.
CONFIRMATIONS:
#417 The Appointment of all members of Commission for the Physically and Mentally Handicapped
(These reappointments were tabled temporarily at Mayor's request)
#418 The appointment of Elise Bernstein to Commission for Physically and Mentally Handicapped
(Temporarily tabled as per above.)
#419
The Appointment of Joseph Welsh, Mark Foster, John Cassola and Natalie Calandra to the
Emergency Medical Services Commission was laid over under charter provisions and confirmed
unanimously.
#420 The appointment to the Cultural Council of John Slater, James Latini and Kristin Fenn was
laid over under charter provisions and confirmed unanimously.
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
November 21, 1994
Honorable City Council
City Hall
Dear Honorable Council:
I hereby reappoint, subject to your confirmation, the following to serve a members of the Beverly
Cultural Council:
Ms. Wendy Stewart, 114 Conant Street, Beverly, MA 01915
Mr. Anthony Boff, 270 CAbot Street, Apt. #3, Beverly, MA 01915
Their terms will be effective until April 30, 1997.
Very truly yours,
William F. Scanlon, Jr., Mayor
Laid over for confirmation
Honorable City Council
City Hall
Dear Honorable Council:
4I hereby appoint, subject to your confirmation, Mr. George Heller, 101Lovett Street, Beverly,
MA 01915, to serve as a member of the Beverly Licensing Board.
He will fill the vacancy left by the resignatin of Mr. Ralph Parisella and his term will be
effective until June 1, 2000.
RECORDS OF THE BOARD OF ALDERMEN
Very truly yours,
William F. Scanlon, Jr., Hayor
Laid over for confirmation
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, the following Emhart Industries, Inc. personnel
to serve as Special Police Officers as per the attached communicaiton from Police Chief John
Finnegan:
David Liacos, 60 Chase Street, Beverly, MA01915
Ronald Persen, 12 Lufkin Street, Essex, MA 01929
Very truly yours,
William F. Scanlon, Jr., Mayor.
COMMUNICATIONS, APPLICATIONS AND PETITIONS
A Communication from Landmark School requesting permission to traverse a public way with a
telephone wire.
Referred to the Committee on Public Service and Aid
A petition from New England Telephone for easement at Lynch Park for the placement of an above
ground cable distribution cabinet and appurtenant conduit
Referred to the Committee on Public Service and Aid
A petition from Nay England Telephone for placing underground conduit on Ober Street.
Referred to the Committee on Public Service and Aid.
A Claim from Wendy Richardson, 81 Berry Circle, S. Hamilton, MA 01936
Referred to the Committee on Legal Affairs and Accounts
A conmunication from To~n of Wenham re perambulation.
Referred to the Committee on Finance and Property.
REPORTS FROM COMMITTEES:
The Committee on Finance and Property to whom was referred the matter of Communication from
Board of Assessors relative to classification of property, have considered said matter and beg
leavs to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That the City Council of the City of beverly do, and they hereby approve the
percentages of the local tax levy to be borne by each class of property for the fiscal
year 1995, pursuant to Chaptsr 40, Section 56, as follows:
A Minimum Residential Factor of 91.8357% (CIP - 150%)
Order read once and adopted.
RECORDS OF THE BOARD OF ALDERMEN
The Committee on Finance and Property to whom was referred the matter of Open Space exemptions
relative to the assessment of 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 do NOT accept the provisions to allow for
open space exemptions relative to the assessment of property.
Order read once and adopted.
The Committee on Finance and Property to whom was referred the matter of residential exemptions
relative to the assessment of proeprty, 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 do Not accept the provsions to allow for
residential exemptions relative to the assessment of property.
Order read once and adopted.
The Committee on Finance and Property to whom was referred the matter of small commercial
exemptions relative to assessment of 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 do NOT accept the provisions to allow for
small commercial exemptions relative to the assessment of property.
Order read once and adopted.
THE COMMITTEE OF THE WHOLE, to whom was referred the matter of Petition re zoning ordinance
change - IG to CG - Elliott Street/McPherson Drive, have considered said matter and beg leave to
report as follows, to wit:
Submit the matter to the Council without recommendation.
Matter brought before the Council for discussion. Councilor Golin began the discussion with
statement in favor of rezoning. Councilor Goughlin's statement in opposition was read, and
included a letter from Joseph Palluzi, 362 Elliott Street offering alternative plans.
Councilor McGlynn and Councilor Rollins both spoke in favor; Councilor Gilmore spoke in
opposition, citing the lack of planning as his main concern. Councilor Mahan, Councilor Murray,
Councilor Troubetaris and Councilor Nardella all spoke in favor.
Motion made and seconded to adopt the proposed zoning amendment, changing lots #105 and #106 of
Assessor's map #19 from an IG (General Industrial) to a CG (General Commercial) designation, in
accordance with the recommendation of the Planning Board.
Three motions for Roll Call
Roll Call Vote taken: YEA; Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris, and Nardella
NAY: Goughlin, Gilmore
Order adopted.
Reconsideration moved by Councilor Rollins, Seconded by Councilor Golin, Reconsideration fails
The Committee of the Whole, to whom was referred the matter of zoning ordinance change -
Recreation Boating by right in the CG Zone, have considered said matter and beg leave to report
as follows, to wit
Submit the matter to the Council without recommendation.
Matter brought before the Council for discussion. Letter of recommendation from Planning Board
read. Councilor Murray reminds Councilors that Harbor Management Authority was not in favor of
additional language proposed by Planning Board.
Motion made and seconded for the City Council to accept the zonaing amendment which proposes the
adoption of a definition of public recreational boating facility and the insertion of that land
RECORDS OF THE BOARD OF ALDERMEN
use as a use by right in the "CG" - General Co~unercial" section of the zoning ordinance, as
8!recommended by the Planning Board.
Order read once and adopted 7-2 with Murray and Gilmore opposed.
The Committee of the Whole to whom was referred the matter of Communicaiton from Glovsky and
Glovsky re installation of traffic signals on Elliott Street, have considered said matter an
beg leave to report as follows, to wit:
Refer to the City Council without recommendation.
Letter read from National Development of New England offering various mitigations re propert}
~Elliott and McPherson Drive of which above traffic signal is a part. President Nardella reque
~motion to approve the application of a warrant or other necessary authorizations for the inst
of a traffic light at the site entrance on Elliott Street. Motion made and seconded.
I Order read once and adopted.
The Committee of the Whole to whom was referred the matter of communication from Barbara Pap
rezoning of parcels at Elliott And McPherson Drive, have considered said matter and beg hav
report as follows, to wit:
Receive and Place on File
Order read once and adopted.
The Committee of the Whole to whom was referred the matter of communication from George Batc
re rezoning of parcels at Elliott and McPherson Drive, have considered said matter and beg ]
to report as follows,
Receive and Place on File
Order read once and adopted.
RECORDS OF THE BOARD OF ALDERMEN
Iuse as a use by right in the "CG" - General Commercial*' section of the zoning ordinance, as
~reconnneuded by the Planning Board.
Order reed once and adopted 7-2 with Hurray and Gilmore opposed.
The Committee of the Whole to whom was referred the matter of Conununicaiton from Glovsky and
Glovsky re installation of traffic signals on Ellfort Street, have considered said matter an
beg leave to report as follows, to wit:
Refer to the City Council without recommendation.
Letter read from National Development of New England offering various mitigations re propert)
Ellfort and McPherson Drive of which above traffic signal is a part. President Nardella reque
motion to approve the application of a warrant or other necessary authorizations for the inst
of a traffic light at the site entrance on Elliott Street. Motion made and seconded.
Order read once and adopted.
The Committee of the Whole to whom was referred the matter of communication from Barbara Pap
rezoning of parcels at Ellfort And McPherson Drive, have considered said matter and beg leav
report as follows, to wit:
Receive and Place on File
Order read once and adopted.
The Committee of the Whole to whom was referred the matter of communication from George Batc
re rezoning of parcels at Elliott and McPherson Drive, have considered said matter and beg ]
to report as follows,
Receive and Place on File
Order read once and adopted.
The Committee on Finance and Property to whom was referred the matter of Police Department
for revolving fund for snow removal violations, have considered said matter and beg leave
as follows, to wit:
Receive and Place on File
Order read once and adopted - 8-1 Rollins opposed.
The Committee on Finance and Property to whom was referred the matter of Mayor's request fo
appropriation to account "Street Lighting" ($305.25) have considered said matter and beg le
to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That the sum of Three Hundred Five Dollars and Twenty-Five Cents ($305.25) be, at
same is hereby appropriated and charged to account "Street Lighting: for the tns~
of the following street lights:
BASS RIVER ROAD
Install one 4,000 lumen sodium street light on pole #1212
HENDERSON ROAD
Install one 9,600 lumen sodium street light on pole #5653
Install on 27,500 lumen flood light on pole #5654
as recommended by His Honor the Mayor
Said sum of money to be expended under the direction of the City Electrician.
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 fo request from Mont
College to use Common for graduation, have considered said matter and beg leave to report
RECORDS OF THE BOARD OF ALDERMEN
Submit the accompanying order and recommend its adoption
ORDERED: That the City Council hereby grant permission to Montserrat College of Art to hold
commencement exercises on the Beverly Common on May 20, 1995.
~Order read once and adopted.
The Committee on Finance and Property to whom was referred the matter of Coughlin/Gilmore order
re Mayor's budget and related documents, have considered said matter and beg leave to report as
follows, to wit:
Recommend adoption of the order.
Order read once and adopted.
The committee on Legal Affairs and Accounts to whom was referred the matter of resubmisison of
claim - Katie and Stephen VandeWater, have considered 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 request from
Conservation Commission re Conservation Restricition for Clapp Property, Thissell 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 hereby authorizes His Honor the Mayor
to sign the attached conservation restriction for property of Mary L. Clapp located on
Thissell Street, as recommended by the Conservation Commission.
Order read once and adopted.
~The Committee on Legal Affairs and Accounts to whom was referred the matter of claim - Kevin
i Syroka, 38 Border Road, Reading, have considered said matter and beg leave to report as follows,
wit:
Refer to the School Department
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Theresa
Patch, 11 Everett Street, have considered 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 Request from
James Dawson, Trustee of #46 and 56 Enon Street Realty Trust for zoning change, 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 and the Planning Board hold a Joint Public Hearing on Monday,
December 19, 1994 at 7:30 p.m. in the Council Chamber, third floor, City Hall
relative to a proposed zoning amendment on the definition of petroleum product.
Order read once and adopted.
RECORDS OF THE BOARD OF ALDERMEN
The Committee on Public Service and Aid to whom was referred the matter of Coughlin order re
State of the Art metering system for water/sewer billing, have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That the Committee on Public Service and Aid of the City Council hold a meeting on
December 15, 1994 at 7:00 p.m. with Badger Meter for a presentation on a state of the art
metering system for water and sewer billing.
Order read once and adopted.
The Committee on Public Service and Aid to whom was referred the matter of Troubetaris order re
utility permits, 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 Public Service and Aid to whom was referred the matter of Boston Gas Petition
for gas main locations in Elliott Street, Beckford Street and Cabot Street, have considered said
matter and beg leave to report as follows, to wit:
Recommend the petition be granted pending review and approval of the Commissioner of Public Works.
Order read once and adopted.
The Committee on Public Service and Aid to whom was referred the matter fo Rollins order re repair
of sidewalks on Broadway and School Streets, have considered said matter and beg leave to report
as follows, to wit:
Recommend adoption of the order.
Order read once and adopted.
The Committee on Public Service and Aid to whom was referred the matter of Request for removal of
live tree - 32 Dane Street, have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That a Public Hearing be hled on Monday, Decembe 5, 1994 at 7:55 p.m. in the Council
Chambers, third floor, City Hall relaitve to the removal of live trees at 32 Dane St.
and 28 Berrywood Lane.
Order read once and adopted
The Committee on Public Service and Aid to whom was referred the matter for Coughlin order re
removal of two (2) live trees - 28 Berrywood Lane, have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That a Public Meraing be held on Monday, December 5, 1994 at 7:56 p.m. in the Council
Chambers, third floor, City Hall, relative to the removal of two (2) live trees at
28 Berrywood Lane
Order read once and adopted.
The Committee on Public Service and Aid to whom was referred the matter of Coughlin order re
removal of live tree at 69 Balch Street, have considered said matter and beg leave to report as
follows, to wit:
No Further Action
Order read once and adopted.
RECORDS OF THE BOARD OF ALDERMEN
MOTIONS AND ORDERS§
By Councilors Rollins, Golin and McGlynn
ORDERED:
That the City Council of the City of bEvelry meet with Mr. John Quigley to discuss and
review the extensive research completed by him about the West Beach Corporation. Be it
further ordered that the City Council request from the Clerk of the West Beach Corporatiol
the accurate list of the members, as specified in Chapter 157, Section 10 Of the
legislation entitiled "An Act to incorporate West Beach Corporation."
Referred to the Committee on Legal Affairs and Accounts
By Councilor Rollins
ORDERED: That Mr. Robert Burchstead, Dog Officer, meet with the Committee on Public Service and
Aid to review the City of Beverly's dog control ordinance and the means to enforce it.
Referred to the Committee on Public Service and Aid.
By Councilor Nardella
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 27 Bertram Street.
Referred to the Committee on Public Service and Aid
By Councilor Gilmore
ORDERED:
That the Planning Board, in consultation with the City Solicitor, shall, within ninety
(90) days, furnish to the City Council a written opinion of the extent to which the City
of Beverly may lawfully require proponents of residential subdivisions to make improve-
ments to, or to defray the costs of, public services which the City of Bevelry will
likely be requried to provide as a consdquence of the development of such subdivisions.
The term "public services: shall mean, for example, police and fire protection, public
education, and public works such as trash removal, snow removal and street maintenance.
Motion to adjourn: 10:30 P.M.
Attest: Constance E. Perton
City Clerk