2001-05-217:30 PM R. Valliere re IG Zoning
7:40 PM A. Powell re traffic at North Beverly Elementary School
7:50 PM #114 Public Hearing removal of live trees at City Hall
Referred to Public Service and Aid
7:58 PM #129 Public Hearing removal of live tree Beverly National Bank
Referred to Public Service and Aid
Meeting of Beverly City Council may 21, 2001Meeting of Beverly City Council may 21, 2001
Roll Call
:
Councilors present; Guanci, Martin, McGlynn, McMahon, Murray,
Smith, Troubetaris, Flaherty. Council Costa was absent.
Pledge of Allegiance to the Flag
:
Led by Councilor Murray
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of May 5, 2001
Communications from His Honor the Mayor
:
#133
May 21, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the
attached Subordination Agreement for property owned by Mr. and Mrs. Glen Dube
at 45 Putnam Street, Beverly, MA 01915.
Also attached is a communication from Community Development Manager, Dawn
Goodwin, concerning this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#134
May 21, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Timothy
Rubchinuk, 4 Shortell Avenue, Beverly, MA 01915, to serve as a Constable in the City
of Beverly for the sole purpose of serving civil process.
His letter of application is attached and has been approved by Police Chief Phil
Bouchard.
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Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#135
May 21, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I urge your approval of the request in the attached letter from City Planner Tina
Cassidy to use money from the parking receipt fund to pay for the development of
a reconstruction plan for six separate off street parking lots totaling 350 spaces.
Funds in the amount of $88,000 will be required. Ms. Cassidy’s letter outlines the
subject in detail.
A Public Hearing on this matter is requested at the earliest practical date.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Finance and Property
Communications from other City Officers and Boards
#67
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
Dear Members of the Council:
On April 17, 2001, members of the Planning Board and City Council conducted a public hearing on
the above-referenced Council Order. The Order proposes to amend Section 29-20.D.6. of the Zoning
Ordinance to allow a maximum building height of seventy (70) feet for buildings in the “IG” zoning
district that are set back at least 400 feet from any abutting public way.
The Board discussed the proposal after the Joint Public Hearing and voted that evening to table
further discussion to last night’s Board meeting. In the interim, it requested and received the
attached legal opinion from City Solicitor Marshall Handly on the subject of “spot” zoning and
accepted written testimony from four residents. Copies of residents’ correspondence are on file in the
Planning Department and are available for your review.
Last night the Planning Board concluded discussion on the proposed Order and voted unanimously to
recommend to the City Council that Order #67 BE ADOPTED. The Board recommended that the
language of the Order be modified to read “…from all abutting public ways…” rather than “…from
any abutting public way…” as a simple matter of clarifying the intent of the Order. Additionally, the
Board strongly recommended that the City Council explore the possibility of obtaining a legally-
binding build-out plan for the property at 181 Elliott Street prior to making a final decision on the
Order. The Board agreed that obtaining a build-out plan, which had been previously offered to the
City by the property owner, would be of great benefit in terms of future planning.
In general terms, the Board’s favorable recommendation was based on several points. First, the
amendment is consistent with state and local zoning laws. Second, the amendment would prove
beneficial to the City in that it would likely eliminate an additional office building at Cummings
Center, based on future construction plans detailed previously by the property owner. Third, with
respect to the Cummings Center site, a building of seventy (70) feet in height would be in keeping
with the heights of buildings already existing on the site.
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Please feel free to contact City Planner Tina Cassidy if you have any questions relative to the
Planning Board’s vote on this matter.
Respectfully,
Richard Dinkin, Chairperson
Referred to Legal Affairs and Accounts
#136
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I respectfully request your acceptance of the Re-Precincting plan which was
developed by City Planner Tina Cassidy, City Engineer Gerald Marsella, Councilor
John Murray representatives from the Office of the Secretary of State and myself.
You have until June 15, 2001 to refer this to the Local Elections District Review
Commission. Once accepted, the City Engineer will provide the written description
of the boundaries and I will present it to the LEDRC for approval. The LEDRC will
notify us of acceptance or rejection.
Hopefully we will have a positive response from the State.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Referred to the Committee of the Whole
#137
Communication from Timothy Brennan Building Commissioner relative to complaints
regarding Second Class Motor Vehicle Dealers License issued for 60 Dodge Street.
The License was issued for eleven cars and at present there are twenty one vehicles
on the lot.
Referred to Legal Affairs and Accounts
Communications, Applications and Petitions
#138
Communication from Julia Johnson relative to damage done to property at 256
Lothrop Street during Lawrence Brook Drainage Project
Referred to Legal Affairs and Accounts and City Solicitor
#139
Application for Lodging House License-James Dooling, 32 Roundy Street
Referred to Legal Affairs and Accounts
#140
North Shore United Way request to hang banner over Cabot Street in October
Referred to Legal Affairs and Accounts
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#141
Comm relative to “IG” Zoning
Referred to Legal Affairs and Accounts
#142
Petition of Mass Electric for installation of one JO pole on Lincoln St.
Referred to Public Service and Aid
Reports from Committees:
#135
The Committee on Finance and Property to whom was revered the matter of
transfer to account-Parking Lots ($88,000) 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, June 4, 2001 at
7:50 PM in Council Chamber, 191 Cabot St. Beverly, MA relative to a transfer to
account for Parking Lot reconstruction from Parking receipt funds in the amount of
eighty eight thousand ($88,000) dollars for the reconstruction of 6 off street parking
lots, totaling 350 spaces
8-0 Vote
Order read once and adopted
#58
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Great Estate By Law have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
8-0 Vote
Order read once and adopted
#112
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment-Constable Peter Patuto have considered said matter and beg leave
to report as follows, to wit:
Recommend the Council approve the Appointment
8-0 Vote
Order read once an adopted
#113
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment-constable Philip Cleversey have considered said matter and beg
leave to report as follows, to wit:
Recommend the Council approve the Appointment
8-0 Vote
Order read once and adopted
#122
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Chamber of Commerce Annual Special Event Permit and permission to hang
70
banner over Cabot St. have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying order and recommend its adoption
That the City Council approve the application for the Annual and Special
Ordered:
Event License for the Beverly Chamber of Commerce, and be it further ordered that
the Chamber be given permission to hang a banner advertising this event over Cabot
Street From June 1 to June 20, 2001 provided that they are property insured.
8-0 Vote
Order read once and adopted
#123
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Subordination Agreement Glen Dube, 45 Putnam St. 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 SUBORDINATION AGREEMENT for Glen Dube, at 45 Putnam Street as
per the attached communication from Dawn Goodwin, Community Development
Manager
Order read once and adopted
8-0 Vote
#127
The Committee on Public Service and Aid to whom was referred the matter of
Comm from DEP re Wenham lake Technical Advisory Committee have considered
said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted
8-0 Vote
#142
The Committee on Public Service and Aid to whom was referred the matter of
Petition of Mass Electric for installation of JO Pole in Lincoln St. 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 hold a public hearing on Monday,
June 4, 2001 at 7:58 PM in Council Chambers, at 191 Cabot Street, Beverly, MA relative to
the installation of 1 JO pole on Lincoln Street
Order read once and
adopted 8-0 Vote
Resolutions:
Unfinished Business:
#101 Ordinance Motor Vehicles and Traffic re 2 hour parking
#111 Ordinance City Vehicles re markings on City Vehicles
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Motions and Orders:
#143
By Councilor Martin
Ordered: That the Building Inspector appear before the Committee on Legal Affairs
and Accounts to explain why Section 5-1 of the Beverly City Ordinances, dealing
with storage containers, is not being totally enforced at the Ames Store in North
Beverly.
Referred to Legal Affairs and Accounts
Meeting adjourned: 9:07 PM Frances A. Macdonald, CMC
City Clerk
72