1995-04-1873
7:45 P.M. #57 A Joint Public Hearing with Planning re Agricultural
and Horticultural uses by right
7:55 P.M.
#136 NYNEX petition for conduit at Hale and Lothrop Streets
#137 NYNEX petition for conduit at Ober Street
#138 NYNEX petition for conduit at Hale Street
#139 NYNEX petition for conduit at Ober St and Lanthorn Lane
#140 NYNEX petition for conduit at East Corning Street
Remanded to the Committee on Public Service and Aid
REGULAR MEETING OF THE BEVERLY CITY COUNCIL -TUESDAY, APRIL 18, 1995
ROLL CALL:
PRESENT: Coughlin, Gilmore, Golin, Mahan, McGI,/nn, Murray, Rollins, Troubetaris and Nardella
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Coughlin
ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of April 3,
1995 meeting - Motion passes.
CONFIRMATIONS:
#153 The appointment of Assistant Harbormasters for the City of Beverly was unanimously confirmed.
#154 The appointment of Assistant Harbormasters as Special Police was unanimously confirmed.
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
//176
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request a transfer of Two Thousand Eight Hundred Eighty Dollars ($2,880) to account "Bldg. Commissioner -
Personnel Services" from account "Reserve For Unforeseen."
Said sum of money to be expended under the direction of the Building Commissioner. Attached is a communication
from Richard Morttoni concerning this request.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
//177
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request a transfer of Ten Thousand Dollars ($10,000) to account "Mailing Machine and Postage" from account
"Reserve for Unforeseen Expenditures."
Said sum of money to be expended under the direction of the City Clerk. Attached is a communication from Constance
Perron concerning this request.
Very truly yours,
William F. Scanion, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
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//178
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit for your consideration the attached communication from the Building Commissioner concerning a
request for a change in Ordinance as it pertains to Special Permits for change of use or dimensional variance.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
//179
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit for your review and approval the attached Open Space and Recreation Plan so that it may be submitted
to the Commonwealth of Massachusetts Executive Office of Environmental Affairs as per the attached communication
from Kimberley Driscoll.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFERRED TO THE COMMITTEE OF THE WHOLE
#180
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Community Development Office to submit a grant application
on behalf of the Beverly Golf and Tennis Club to the Massachusetts Historical Commission for the Massachusetts
Preservation Projects Fund as per the attached communication from Kimberley Driscoll.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
//181
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Community Development Office to submit a grant application
for the National Park Service, Urban Park and Recovery Program for improvements to Goldway Park as per the attached
communication from Kimberley Driscoll.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
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COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS:
#182
April 12, 1995
The Honorable City Council
City Hall, 191 Cabot Street
Dear City Councilors,
Could you please take the necessary action to amend the following section of City Ordinance Chapter 14, Section 241,
JUNK OR UNREGISTERED VEHICLES. This change is necessary to clarify the present ordinance and I have discussed
it with Solicitor Handly.
DELETE IN ITS ENTIRETY:
(a) No person shall park, store, keep, leave or allow that there be parked, stored, kept, or left, any unregistered
motor vehicle or motor vehicle without a valid inspection windshield sticker as required by M. G. L. Chapter 90, section
7A, or any disassembled parts thereof, on any land within the city for a period in excess of thirty (30) days.
ADD:
(a) No person shall park, store, keep, leave or allow to be parked, stored, kept or left, any unregistered motor
vehicle(s) or registered vehicles not displaying the proper license plate(s) or any registered motor vehicle(s) without a
valid windshield inspection sticker as required by M. G. L. Chapter 90, Section 7A, or any disassembled parts thereof,
on any land within the city for a period in excess of thirty (30) days.
For the purpose of this ordinance, motor vehicles must (1) be properly registered, and (2) display the proper
license plate(s) and (3) must display a valid windshield inspection sticker.
THIS WILL CHANGE SECTION (a) ONLY AND WILL LEAVE THE REST OF THIS ORDINANCE INTACT.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant, Safety Officer
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#183
April 12, 1995
Honorable City Council
City Hall
Dear Council,
Re: Stop Signs - Thoreau Circle
We have been asked by some residents to look into placing STOP signs on Thoreau Circle at Essex Street, both ends.
We have investigated this location, Thoreau Circle, and found it does meet the warrants for a STOP sign at both ends.
In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14,
Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop signs:
Add: Thoreau Circle, southeastbound drivers on Thoreau Circle at Essex Street, both ends.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant, Safety Officer
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#184
April 12, 1995
Honorable City Council
City Hall
Dear Council,
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Re: Stop Signs - Aricia Circle
We have been asked by some residents to look into placing STOP signs on Aricia Lane at Middlebury Lane, both ends.
We have investigated this location, Aricia Lane, and found it does meet the warrants for a STOP sign at both ends.
In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14,
Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop signs:
Add: Aricia Lane, northeastbound and southwestbound drivers on Aricia Lane at Middlebury Lane, both ends.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant, Safety Officer
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#194
The Honorable City Council
City Hall, 191 Cabot Street
RE: CONTRACT FOR SHUTTLE BUS SERVICE BETWEEN THE CITY
Dear Member of the Council:
I am respectfully requesting that the City Council immediately authorized the Mayor to sign the attached contract.
The attached contract between the MBTA and the City of Beverly covers the shuttle bus service for the current fiscal
year (FY95). Councilors will recall that the full cost of the shuttle bus service is funded by the City annually as a line
item in the Planning Department's budget; the current year's appropriation is $95,715.00. The State reimburses sixty
percent of this cost to the City on an annual basis, and execution of this contract will maintain Beverly's eligibility to
receive that reimbursement through the end of this fiscal year (June 30, 1995).
Because the MBTA has requested that the City sign and return the attached document at the earliest possible date and
because the Council agreed to State reimbursement during budget deliberations last year, I am asking the Council for
its authorization this evening without referral to Committee.
I will be at City Hall this evening for a Planning Board meeting, so please let me know if I can provide you with any
additional information in regard to this request.
Respectfully,
Tine Cassidy, Planning Director
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
COMMUNICATIONS, APPLICATIONS AND PETITIONS
#185 An application for petroleum storage License - Charter, 295 Cabot Street.
REFERRED TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#186 Claim - Monticello Insurance Company for Thomas Kenny
REFERRED TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#187 A financial report from Massachusetts Electric
RECEIVED AND PLACED ON FILE
A financial report from New England Power Company
RECEIVED AND PLACED ON FILE
Claim - American International Recovery, Inc for Edwards (Various Members).
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#188
#189
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#190 Claim - Richard Danner
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#191 Invitation for Council to march in Little League Parade, Sunday, May 7, 1995 at 12:30 p.m.
RECEIVED AND PLACED ON FILE
//192 Invitation for Council to march in Ryal Side Fourth of July parade - Tuesday, July 4, 1995 at 9:00 a.m.
RECEIVED AND PLACED ON FILE
//193 Waterways license application - Mr. Thomas E. Cargill, III, Trustee.
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
REPORTS FROM COMMITTEES:
#149
The Committee on Finance and Property to whom was referred the matter of Transfer to account "City Clerk - Salaries"
($1,140.00) has considered said matter and begs leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That the sum of One Thousand One Hundred Forty Dollars ($1,140.00) be, and the same is hereby
transferred to account "City Clerk - Salaries" from account "Reserve for Unforeseen Expenditures", in
accordance with the recommendation of His Honor the Mayor.
Said sum of money to be expended under the direction of the City Clerk.
Order read once and passed to a second reading under charter provisions.
#150
The Committee on Finance and Property to whom was referred the matter of Transfer to account "Fire Department -
General Emergency ($15,000.00) has considered said matter and begs leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That the sum of Fifteen Thousand Dollars ($15,000.00) be, and the same is hereby transferred to
account "Fire Department - General Emergency" from account "Reserve for Unforeseen Expenditures",
in accordance with the recommendation of His Honor the Mayor.
Said sum of money to be expended under the direction of the Fire Chief.
Order read once and passed to a second reading under charter provisions.
#151
The Committee on Finance and Property to whom was referred the matter of Transfer to account "Fire Department -
General Emergency ($10,000.00) has considered said matter and begs leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) be, and the same is hereby transferred to account
"Fire Department - General Emergency" from account "Fire Department - Maintenance of Buildings",
accordance with the recommendation of His Honor the Mayor.
Said sum of money to be expended under the direction of the Fire Chief.
Order read once and passed to a second reading under charter provisions.
#159
The Committee on Finance and Property to whom was referred the matter of Communication from Commission of
Physically and Mentally Handicapped re clerical support has considered said matter and begs leave to report as follows,
to wit:
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Receive and Place on File.
Order read once and adopted.
//160
The Committee on Finance and Property to whom was referred the matter of Communication from Commission on
Physically and Mentally Handicapped re City hall accessibility has considered said matter and begs leave to report as
follows, to wit:
Receive and Place on File
Order read once and adopted.
#135
The Committee on Legal Affairs and Accounts to whom was referred the matter of An Ordinance re Wetlands
Protection 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 Legal Affairs and Accounts hold a Joint Public Hearing with the Conservation
Commission on Tuesday, May 9, 1995 at 8:00 p.m. in the Council Chamber, third floor, City Hall
relative to a proposed wetlands protection ordinance for the City of Beverly.
Order read once and adopted.
#145
The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - One way traffic
on Harris Street have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
Order read once and adopted.
#152
The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from School
Superintendent re smoking on school 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 Solicitor create an Ordinance relative to enforcing the NO SMOKING policy which is in
place on all School property.
(Discussion centered on including all city property or buildings - matter referred back to Committee for clarification
in the ordinance process - Request that City Solicitor provide ordinance for further discussion and clarification.)
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#155
The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from Planning
Department re definition of "Home Occupation" and "lot" 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 joint Public Hearing with the Planning Board on Monday, May 15, 1995
at 7:00 p.m. in the Council Chamber, third floor, City Hall relative to a proposed zoning amendment
regarding definition of "Home Occupation" and "lot"
Order read once and adopted.
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#156
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Donald Goucher have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File (Refer to the City Solicitor)
Order read once and adopted.
#158
The Committee on Legal Affairs and Accounts to whom was referred the matter of Request for name change -
Commission for the Physically and Mentally Handicapped 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-five
An Ordinance amending an ordinance entitled "Division 5, Commission for the Physically and Mentally
Handicapped"
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 2, Section 366 through 368 of the Revised Ordinances of the City of Beverly,, 1989, be, and the
same is hereby amended by deleting therefrom, where applicable, the phrase:
"Commission for the Physically and Mentally Handicapped"
and replacing it with the following:
"Commission on Disabilities"
This ordinance to take effect upon passage.
Ordinance read once and adopted.
#162
The Committee on Legal Affairs and Accounts to whom was referred the matter of Proposed agreement between
City of Beverly and Gourdeau Limited, Inc. 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 agreement
between the City of Beverly and Gourdeau Limited, Inc. relative to allowing Gourdeau's subdivision
to tie into the sewerage system of the City of Beverly, in accordance with Chapter 228 of the Acts
of 1994, subject to approval of the South Essex Sewer District.
Order read once and adopted.
#163
The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication re Beverly Roller
Palace have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File (Send copy to School Department)
Order read once and adopted.
#166
The Committee on Legal Affairs and Accounts to whom was referred the matter of increased petroleum storage at
Jubilee Yacht Club have considered said matter and beg leave to report as follows, to wit:
Recommend the license be granted.
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Order read once and adopted.
#169
The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Montserrat
College of Art re liquor license, 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 Solicitor be, and the same is hereby authorized to modify the lease agreement
between the City and Montserrat College of Art, allowing alcohol to be sold on the premises for the
annual fund raising auction, provided that a liquor license is obtained from the Licensing Board.
Order read once and adopted.
#194
The Committee on Legal Affairs and Accounts to whom was referred the matter of Shuttle bus service contract
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 Service
agreement by and between the Massachusetts Bay Transportation Authority and the City of
Beverly, as recommended by the Planning Department
Order read once and adopted.
#114
The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Harry
Ball Field have considered said matter and beg leave to report as follows, to wit:
Recommend the petition be granted.
Order read once and adopted.
#146
The Committee on Public Service and Aid to whom was referred the matter of Removal of Two (2) live trees at 252
Essex 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, May 1, 1995 at 7:58 p.m. in the Council
Chamber, third floor, City Hall relative to the removal of two (2) live trees at 252 Essex Street
Order read once and adopted
#174
The Committee on Public Service and Aid to whom was referred the matter of/rollins order for review of
procedures granting water and sewer abatements have considered said matter and beg leave to report as follows,
to wit:
Submit the accompanying amended order and recommend its adoption.
ORDERED: That the City Council accept the conditions set forth by the City Solicitor for the water and sewer
abatement process.
Order read once and adopted,
#136
The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Hale
and Lothrop Streets have considered said matter and beg leave to report as follows, to wit:
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Recommend the petition be granted.
Order read once and adopted.
#137
The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Ober
Street have considered said matter and beg leave to report as follows, to wit:
Recommend the petition be granted.
Order read once and adopted.
//138
The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Hale
Street have considered said matter and beg leave to report as follows, to wit:
Recommend the petition be granted.
Order read once and adopted.
//139
The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Ober
Street and Lanthorn Lane have considered said matter and beg leave to report as follows, to wit:
Recommend the petition be granted.
Order read once and adopted.
//140
The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Eat
coming Street have considered said matter and beg leave to report as follows, to wit:
Recommend the petition be granted,
Order read once and adopted.
//161
The Committee of the Whole to whom was referred the matter of request from ECDC to discuss issues with City
Council, have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
//113
The Committee of the Whole to whom was referred the matter of request from Salem Sound 2000 to adopt
resolution supporting the formation and goals of the Beverly Coastal Water Quality Task Force, have considered
said matter and beg leave to report as follows, to wit:
Recommend the resolution be adopted.
Order read once and adopted.
UNFINISHED BUSINESS
The following transfers were passed to a second reading on April 3, 1995, laid over under charter provisions and
passed on roll call votes
#119 Transfer to account "Assessors Salaries" ($4,673.82) - 9-0
//120 Transfer to account "Harbormaster - Out of State Travel" ($453,45) - 9-0
//121 Transfer to account "Municipal Garage - Equipment Repair" ($20,000.00) ~ 8-1 Mahan opposed
//123 Appropriation to account "Street Lighting" ($838.00) - 9-0
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MOTIONS AND ORDERS
By Councilor Murray:
ORDERED: That, in the interest of Historic Preservation, Section 29-27 D 1. be amended to read as follows:
"1. The Board of Appeals may grant variances, including variances for use in any non-residential
district, (but no use variance may be granted in any "R" districts, except for the
preservation of designated historical structures as hereinafter provided), to the strict application of
any of the requirements of this Ordinance only for reasons of practical difficulty and demonstrable
and substantial hardship, financial or otherwise, to the appellant, and only where the Board finds
that: "..... (balance of current section remains unchanged)
Add at end of subsection "1" the following subsection:
"2. In any "R" district, a use variance may be granted permitting a use other than that allowed in the
district as a matter of right of a structure designated by the Beverly Historical District Commission as
historically significant where the Board finds that:
a. The proposed use will enable and promote to the greatest extent practicable the maintenance
and preservation of an historically significant structure, and that the failure to permit the proposed
use will require the demolition or removal of the structure or would deprive the applicant of a
reasonable use of the property.
b. The specific variance as granted by the Board is the minimum variance that will grant reasonable
relief to the owner and is necessary for a reasonable use of the land or building.
c. The granting of the variance will be in harmony with the general purpose and intent of this
Chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In
addition to considering the character and use of nearby buildings and land, the Board in determining its
finding shall take into account the number of persons residing or working in such buildings or upon such
land and the present and probable future traffic conditions."
Change subsection "2" to Subsection "3"
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
Motion to adjourn: 9:10 P.M.
Attest: Constance E. Perron
City Clerk
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