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2007-12-17 Regular Meeting Beverly City Council 7:00, PM December 17, 2007 Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty ,Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag: led by City Clerk Frances Macdonald Appointments: Public Hearings and Presentations: Acceptance of Minutes: Regular Meeting of December 3, 2007 Communications from His Honor the Mayor: Communications from Other City Officers and Boards: #272 Communication from Fire Chief Richard Pierce relative to following promotions in Department: From Captain to Acting Deputy Chief-Michael Acciavatti From Lieutenant to Captain-Paul laBelle From Firefighter to Lieutenant-Eric Fowler Receive and Place on File #273 December 14, 2007 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: RECOMMENDATION ON REQUEST TO INSTAll A FOUR WAY STOP SIGN AT THE INTERSECTION OF CARVER STREET AND LIVINGSTONE AVENUE Dear Members of the Council: At a meeting of the City's Parking and Traffic Commission held on December 13, 2007, members discussed the above-referenced request with Police Traffic Sergeant/Safety Officer Joe Shairs. The request had been submitted to Sgt. Shairs by Ward 1 Councilor Maureen Troubetaris Following review of the proposal, members of the Commission voted unanimously to recommend that a four- way stop sign not be installed at this intersection. Neither the volume of traffic on Carver Street nor delays at the intersection warrant such a measure in the Commission's opinion. Respectfully, Tina P. Cassidy, Chairman Refer to leqal Affairs #274 December 14, 2007 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: RECOMMENDATION ON REQUEST TO INSTAll "SLOW, CHilDREN" SIGNS ON BOTH ENDS OF SOUTH TERRACE Dear Members of the Council: 156 At a meeting of the City's Parking and Traffic Commission held on December 13, 2007, members discussed the above-referenced request with Police Traffic Sergeant/Safety Officer Joe Shairs. The request had been submitted to Sgt. Shairs by Ward 1 Councilor Maureen Troubetaris on behalf of several residents. South Terrace is a fairly narrow residential side street with a relatively-dense population in terms of housing units. However, it does not serve as a through-way for traffic traveling to/from other neighborhoods but is instead used almost exclusively by the residents who live along it. Following the Commission's discussion, members voted unanimously to recommend to the City Council that the request be tabled for several months. In the meantime, the Police Department would conduct directed patrols on the roadway aimed at stringent enforcement of traffic laws. The results and effectiveness of the directed patrol efforts would be evaluated in the Spring, in conjunction with a revived discussion regarding the need to install "Slow, Children" signs. Respectfully, Tina P. Cassidy, Chairman Refer to Leqal Affairs Communications, Applications and Petitions: #275 Communication from Mass Dept. of revenue re Notification of Certification Receive and Place on File #276 Application-9 Taxi Licenses-The Seneca Group, Inc. d/b/a City Taxi of Beverly Refer to Leqal Affairs #277 Communication from Alexander and Femino relative to Rezoning of Assessor's Map 56, Lots 35 and 36 Receive and Place on File Reports from Committees: #233 The Committee on Legal Affairs to whom was referred the matter of request for 4 way stop sign at Carver and Livingstone 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 #236 The Committee on Legal Affairs to whom was referred the matter of ordinance-Site Plan Review have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption I n the year two thousand and seven An Ordinance amending an ordinance entitled Site Plan Review Be it ordained by the city council of the City of Beverly as follows, to wit; Amend Section 29-29.C of the City of Beverly Zoning ordinance as follows: A. Delete the first paragraph of subsection 29-29.C and replace it with the following: "2. Procedure - Applicants shall submit to the Planning Board ten (10) copies of an application for the site plan review and ten (10) sets of plans, size 24" x 36". The 157 applicant shall also submit the (10) sets of plans, size 11" x 17". The applicant shall also file one (1) copy of the site plan review application with the City Clerk. B. Delete subsection 29-29.C2.b in its entirety and replace it with the following: "b. A filing fee of $35 per 1,000 s.f. gross floor area (min. of $350, max of $5,000) for site plan review; or $350 for a modification of site plan review; and" C. Add new subsection 29-29.C.4 to include process for modifying an approved site plan as follows "4. Modification to Approved Site Plan - Subsequent to a site plan granted by the Planning Board pursuant to this section, minor modifications to the site plan my be made from time to time in accordance with applicable City ordinances and regulations. The development approved under such site plan shall otherwise be in accordance with the approved plans and such conditions, as may be included, in the decision of the Planning Board. The developer shall also submit a plan depicting such modification. Should the Planning Board determine that such revisions are not minor, it shall order that an application for a modification of site plan be filed and a public hearing be held in the same manner as set forth in Section 29-29.C." This ordinance to take effect as per charter provisions. Ordinance read once and held for final passaqe as per Charter Provisions 9-0 Vote #236A The Committee on Legal Affairs to whom was referred the matter of communication from Planning re Order 236 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 #245 The Committee on Legal Affairs to whom was referred the matter of Application for taxi and livery licenses-D. Soper 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 DENY the request of Dennis Soper NDARYD Transportation for additional Taxi and Livery Licenses. Order read once and Held in Committee 9-0 Vote Request of Councilor Burke #247 The Committee on Legal Affairs to whom was referred the matter of Request for review of Class II MVDL, 586 Cabot St. 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 #251 The Committee on Legal Affairs to whom was referred the matter of Home Rule Petition for 6 additional liquor licenses 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 #265 The Committee on Legal Affairs to whom was referred the matter of Applications for 2008 Lodging House Licenses have considered said matter and beg leave to report as follows, to wit: 158 Recommend the Licenses be Granted Order read once and adopted 9-0 Vote #266 The Committee on Legal Affairs to whom was referred the matter of Applications for 2008 Amusement Device Licenses have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be Granted Order read once and adopted 9-0 Vote #267 The Committee on Legal Affairs to whom was referred the matter of Applications 2008 MVDL have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be Granted Order read once and adopted 9-0 Vote #269 The Committee on Legal Affairs to whom was referred the matter of Applications Cab Express Taxi License have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adopted 9-0 Vote #270 The Committee on Legal Affairs to whom was referred the matter of applications for renewal of Taxi Licenses NDARYD Transportation have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: Ordered: That the City Council DENY the request of Dennis Soper NDARYD Transportation for renewal of Taxi and Livery Licenses. Order read once and returned to committee 9-0 Vote #276 The Committee on Legal Affairs to whom was referred the matter of application for nine Licenses, City Taxi have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be granted Order read once and adopted 9-0 Vote #253 The Committee on Public Services to whom was referred the matter of Communication from City Planner relative to Parking & Traffic Commission 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 #262 The Committee on Public Services to whom was referred the matter of Reappointments to Beverly Harbor Management Authority-Greg Ward, Paul Miedzionski and Donald Neuman have considered said matter and beg leave to report as follows, to wit; 159 Recommend the Council approve the appointments Order read once and adopted 9-0 Vote #263 The Committee on Public Services to whom was referred the matter of Appointment-Beverly Harbor Management Authority Rinus Oosthoek 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 #271 The Committee on Public Services to whom was referred the matter of Request for City to keep abreast of construction at Rantoul and Roundy 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 Unfinished Business: Resolutions: Motions and Orders: Suspend rules to hear from State Rep. Mary Grant Meeting adjourned: 8:30 PM Frances A. Macdonald, CMC City Clerk 160