2005-10-03
Regular Meeting of Beverly City Council Oct. 3, 2005 at 7:00 PM
Roll Call
:
Councilors Present: John Burke, Ronald Costa, William Coughlin, Timothy Flaherty, Patricia
Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci
Pledge of Allegiance to the Flag
:
Led by Councilor Martin
Presentation of Operation Live Saver Award to Peter and Joan Johnson
Mary Rodrick-re Trash (5 Minutes)
Roland Adams and Tina Cassidy update City’s efforts to comply with DEP’s multi-year Stormwater
Management Program (15 Minutes)
7:30 PM Public Hearing OSRD
Recessed until Oct. 17 at 7:30 PM
Appointments:
Acceptance of Minutes of Previous Meetings:
Meeting of September 19, 2005
Communications from His Honor the Mayor:
#232
October 3, 2005
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 Agreements for
properties owned by residents as listed below:
Fred S. Walker
34 Elliott Street
Blanche Levesque
79 Corning Street
Also attached are communications from Community Development Manager William O’Hare concerning this request.
Very truly yours,
William F. Scanlon, Jr. Mayor
Refer to Legal Affairs
Communications from other City Officers and Boards:
#233
September 26, 2005
Honorable City Council
C/o Mrs. Frances Macdonald
City Hall
Beverly, Ma. 01915
Dear Council,
RE: Stop sign, Foster Street at Cole Street
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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 sign:
ADD: 1. Foster Street, southwest bound drivers on Foster Street at Cole Street.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Refer to Legal Affairs
#234
TO: Mayor William F. Scanlon, Jr.
These officers graduated from the Reading Police Academy August 28, 2005
Officer Michael Backstrom
Officer William Barror
Officer Samuel “Ted” Lane
Chief John A. Cassola
Receive and Place on File
#235
September 28, 2005
Frances A. Macdonald, City Clerk
Beverly City Hall
191 Cabot St.
Beverly MA 01915
Dear Mrs. Macdonald:
I am pleased to make the following promotions effective on September 19, 2005:
From Firefighter to Lieutenant-Russell Halloran and Donald Philpot
Lieutenant to Captain-Peter O’Connor
Lieutenant to Acting Captain-Richard Cotraro
Captain to deputy Chief: William V. Petrosino and Wayne Francis
The following promotion effective August 8, 2005
From Firefighter to Lieutenant-Paul Rideout
Lieutenant to Captain-Michael McCadden
From Captain to Deputy Chief-William Walsh
Sincerely,
Richard F. Pierce-Chief
Receive and Place on File
#236
September 28, 2005
Ms Frances A. Macdonald, City Clerk
Beverly City Hall
191 Cabot St.
Beverly, MA 01915
RE: Council Order #206 Recommendations from Planning Board on Joint Public Hearing/Zoning Amendments
Dear Ms. Macdonald:
At a meeting of the Beverly Planning Board held on Wednesday, September 21, 2005, members of the Board voted
unanimously to recommend to the City Council that a joint Public Hearing be held between the Planning Board and the
Council relative to City Council Order #206, which involves amendments related to special permits for non-conforming
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projects, residential re-use of existing public buildings, common permitted uses and definitional changes, and the sign
ordinance.
Sincerely,
Richard Dinkin, Chairperson
Refer to Legal Affairs
Communications, Applications and Petitions:
#237
Application Second Hand Junk Dealers License-Vagabond Records
Refer to Legal Affairs
#238
Communication re Algonquin Gas Transmission, LLC
Receive and Place on File
#239
Petition-Mass Electric for installation of two 4” conduits encased in concrete on Rantoul Street at Fayette Street
Refer to Public Services
#240
Communication from MassDevelopment Finance Agency re bond on behalf of Greater Lynn Mental Health &
Retardation Association, Inc.
Receive and Place on File
#241
Communication from Citizen relative to recycling
Refer to Public Services
#242
Communication re Petroleum Storage License and change of ownership at 443 Essex St.
Refer to Legal Affairs
Reports from Committees:
#224
The Committee on Finance and Property to whom was referred the matter of Communication relative to the impact of
rising gas costs have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#132
The Committee on Legal Affairs to whom was referred the matter of Proposed Zoning Changes have considered said
matter and beg leave to report to wit:
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Receive and Place on file
Order read once and adopted 9-0 Vote
#205
The Committee on Legal Affairs to whom was referred the matter of appointment-Beverly Licensing Board-Richard
Kelley have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted 9-0 Vote
#206
The Committee on Legal Affairs to whom was referred the matter of Proposed Zoning Amendment s 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 Beverly Planning Board hold a Joint Public Hearing on Monday, November 7,
2005 at 7:05 PM, at City Hall, third floor, 191 Cabot St. Beverly, MA relative to the proposals related to four categories
in the Zoning Ordinance.
Order read once and adopted 9-0 Vote
#227
The Committee on Legal affairs to whom was referred the matter of Appointment of Richard Michaud as Constable
have considered said matter and beg leave to report as follows, to wit;
Recommend the council approve the appointment
Order read once and adopted 9-0 Vote
#232
The Committee on Legal Affairs to whom was referred the matter of Subordination of Mortgage-Fred Walker have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Mayor be and the same is hereby authorized to sign the attached Subordination of Mortgage for
Fred S. Walker, 34 Elliott Street as per the attached communication from Community Development Manager William
O’Hare.
Order read once and adopted 9-0 Vote
#232A
The Committee on Legal Affairs to whom was referred the matter of Subordination of Mortgage-Blanche Levesque
have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Mayor be and the same is hereby authorized to sign the attached Subordination of Mortgage for
Blanch Levesque, 79 Corning Street as per the attached communication from Community Development Manager
William O’Hare.
Order read once and adopted 9-0 Vote
#239
The Committee on Public Services to whom was referred the matter of Petition of Mass Electric for conduit in Rantoul
Street have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
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Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, October 17, 2005 at 7:02
PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of Mass Electric for
installation of 2 –4” conduits encased in concrete in Rantoul Street at Fayette Street.
Order read once and adopted 9-0 Vote
#220
The Committee on the Whole to whom was referred the matter of communication relative to Ballot Questions have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
Resolutions:
Motions and Orders:
#243
By Councilor Burke
An Ordinance Amending an Ordinance Entitled ‘Peddlers and Hawkers’
Be it Ordained by the City Council of the City of Beverly that Article VII, Section 12 of the Code of Ordinances of the
City of Beverly, entitled “Peddlers and Hawkers,” be amended and the same is amended hereby as follows:
In Section 12-167 by inserting before the first sentence the following new sentence: “Whoever seeks to sell articles
referenced in this section shall obtain an identification card from the chief of police.”
In Section 12-168, by inserting before the first sentence the following new sentence: “Whoever seeks to sell articles
other than those referenced in Section 12-167 above (for a period greater than 20 days), shall obtain a license from the
City Council.”
In Section 12-169, by inserting before the first sentence the following new sentence “Whoever seeks to sell
articles other than those referenced in Section 12-167 above (for a period less than 21 days), shall obtain a
temporary license from the City Clerk”
In Section 12-169, by striking out the word “Vendors” where it first appears and inserting in place thereof the word
“Applicants”
And in Section 12-169, by striking out the last two sentences and inserting in place thereof the following: “If the chief of
police recommends a license be issued to the applicant, then the city clerk shall issue same. If the chief does not so
recommend, no license shall be issued. Any one (1) applicant may not receive more than three (3) temporary licenses
during any one (1) calendar year.”
Refer to Legal Affairs
#244
By Councilor Grimes
The Code of Ordinances, City of Beverly, Massachusetts is hereby amended by deleting Section 15-21, as now
appearing, in its entirety and inserting in place thereof the following:
Sec. 15-21. Motorboat Noise Control.
(a) Every motorboat operated upon the waters of the City of Beverly shall at all times be equipped with a muffler or a
muffler system in good working order and in constant operation and effectively installed to prevent any excessive or
unusual noise, as more particularly described in this section.
(b) For the purposes of this section, “muffler” means a sound suppression device or system designated and installed to
abate the sound of exhaust gases emitted from an internal combustion engine and which prevents excessive or
unusual noise.
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(c) For purposes of this section “SAE J2005” shall refer to the publication of the Society of Automotive Engineers so
designated.
(d) For purposes of this section, “excessive or unusual noise” shall include, but necessarily be limited to the following:
1. for an engine manufactured before January 1, 1993, as demonstrated by documents provided the operator
thereof, a noise level of ninety decibels (A) (90dB [A]) when subjected to a stationary sound level test as prescribed by
SAE J2005, and
2. for any engine not demonstrated to have been manufactured prior January 1, 1993, a noise level of eighty-
eight decibels (A) (88dB [A]) when subjected to a stationary sound level test as prescribed by SAE J2005, and
3. total noise of operation for a motorboat underway exceeding seventy-five decibels (A) (75 dB [A]) when
subjected to a stationary sound level test from the shoreline or edge of any area through which passage by motorboat
is permitted.
(e) No motorboat shall be operated on the waters of the City of Beverly if such vessel is equipped with an altered
muffler or a muffler cutout bypass or other devise designed or installed in such a manner that it can be used, either
intermittently or continually, to bypass or otherwise reduce or eliminate the effectiveness of any muffler or muffler
system installed in such vessel; provided, however, that any use of a cutout permitted under section 6 of chapter 90B
of the General Laws shall also be permitted under this section.
(f) Any officer empowered to enforce the provisions of chapter 90B of the General Laws who has been certified in
motorboat noise testing by the department of fisheries, wildlife and environmental law enforcement of the executive
office of environmental affairs shall also be authorized to enforce the provisions this section.
(g) Any authorized officer who has reason to believe that a vessel is being operated or has recently been operated in
violation of this section may direct the operator of such vessel to submit the vessel to an immediate on-site test to
measure noise levels, with the authorized officer on board if such officer chooses, and the operator shall comply with
such request for a test. If the authorized officer determines that the vessel is in violation of this section, the officer may,
in addition to or instead of citing the operator for such violation, direct the operator to take immediate and reasonable
measures to correct the such violation, including returning the vessel to its mooring place and keeping the vessel at
such mooring place until the condition causing the violation is corrected or ceases.
(h) Any person who is cited for violation of this subsection (a) or who refuses to comply with the direction of an
authorized officer under subsection (g) shall be fined not less than one hundred dollars nor more than five hundred
dollars for a first offense and not less than two hundred fifty dollars nor more than one thousand dollars for a
subsequent offense.
Refer to Legal Affairs
#245
By Councilor Coughlin:
Ordered: That the City Solicitor research the Legal culpability of the city as regards to the lack of a full time athletic
trainer at the High School.
Refer to Legal Affairs and City Solicitor
#246
By Councilor Grimes:
Ordered: That a “Go Slow Children” sign be placed at 184 Hart Street
Order read once and approved
#247
By Councilor Martin:
Ordered: That a ”Go Slow Children” sign be placed on both sides of Tremont Street.
Order read once and approved
Meeting Adjourned 8:45 PM Attest: Frances A. Macdonald, CMC
City Clerk
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