Loading...
2013-05-20Regular Meeting Page 1 of 8 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Wednesday, May 29, 2013 2:48 PM To: pguanci @beverlyma.gov; sdullea @beverlyma.gov; jsilva @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; minutes @beverlyma.gov Subject: CCmeeting5- 20- 2013.doc Regular Meeting Beverly City Council 7:00 PM Monday, May 20, 2013 Roll Call: Councilors D. Scott Dullea, Donald G. Martin, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Maureen Troubetaris, Jason Silva, Brett Schetzsle Absent - Councilor Guanci Pledge of Allegiance to the Flag: Councilor Later Acceptance of Minutes: May 6, 2013 Public Speakers: Judith Cronin (YMCA) Rosemary Maglio Gin Wallace (Main Streets) Block Parties Public Hearings: Public Hearings 7:20 PM Order #51 Proposed Draft of the CPA Ordinance Refer to Legal Affairs 8:00 PM Order #45 Trash Fee Refer to Finance &Property & Legal Affairs 8:15 PM Order #74 Interdepartmental Transfers Refer to Finance & Property Presentations, Awards and Memorials: Communications from His Honor the Mayor: # 82 May 20, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 6/10/2013 Regular Meeting Page 2 of 8 Please schedule a special meeting for the evening of Tuesday, May 28 at which time you will receive the operating budget for next fiscal year and I will have the opportunity to deliver to the Council the accompanying budget message for the new fiscal year. Very truly yours, William F. Scanlon, Jr. Mayor Communications from other City Officers and Boards: #83 May 29, 2013 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: CITY COUNCIL ORDER #52 AND #57 - RECOMMENDATION FROM PLANNING BOARD Dear Honorable Council: The Beverly Planning Board submitted the above - referenced zoning amendments to you on March 28, 2013 and on April 1, 2013, respectively. City Council Order #52 contains proposed zoning amendments that would affect the parking and definition sections of the Zoning Ordinance. City Council Order #57 contains proposed zoning amendments regarding Zoning Board of Appeals processes for reviewing plan /application amendments after initial approval and for one and two family non - conforming dwellings; amendments to the Design Review Board ordinance relative to project review and updated guidance documents; and updating various subsections of the Zoning Ordinance to reflect current /existing permitting authorities and practices. Joint public hearings were held on Monday, May 6, 2013 between the Planning Board and the City Council to consider said amendments. The public hearings were closed the same night. At the Planning Board's special meeting immediately following the public hearings, members of the Board voted unanimously to recommend to the City Council that Council Order #52 and Council Order #57 be ADOPTED as drafted. Sincerely, Richard Dinkin Refer to Legal Affairs #84 Communication from Council President Guanci re: amendment to the draft ordinance for the CPA Refer to Legal Affairs Communications, Applications and Petitions: Chairperson 6/10/2013 Regular Meeting #85 Page 3 of 8 Renewal - Application for Hawkers & Peddlers License — Terry's Old Fashion Ice Cream Truck (Carlos M. Rocha 47 Fulton St., Peabody, MA. Refer to Legal Affairs #86 Communication from Beverly Farmers Market re: 2013 Season (Estelle Rand, 14 Central St., Beverly, MA.) Refer to Finance & Property #87 Application for 2nd Hand MVDL License — Nahed A.Daaboul, 6 Linden Dr., Danvers, MA. Refer to Legal Affairs #88 Application for Automatic Amusement Device Licenses @ Rest Stop — Yankee Div. Highway, Beverly(Maurice Wyman) Refer to Legal Affairs #89 Communication from Main Streets re (Waiver of Ordinance relative to alcohol on Public Property (Block Party- Ellis Sq. area) Refer to Finance & Property and Legal Affairs Reports from Committees: #214.2012 91.2013 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Order Councilor Guanci relative to Second Water Meters 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 6/10/2013 Regular Meeting #54 Page 4 of 8 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Request for Waiver (Water Demand Fee) 62 Pleasant St. / Pleasant Street Apts. have considered said matter and beg leave to report as follows, to wit: Request Withdrawn Motion was made for No Further Action Motion approved 8 -0 Vote #74 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of request from Mayor and Finance Dir. John Dunn for approval of necessary fund transfers to deal with actual /expected variances in expenditure line items for FY 2013.have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request First Reading: May 6, 2013 Public Hearing: May 20, 2013 @ 8:15 PM Second Reading: May 20, 2013 Order read once and adopted 8 -0 Vote #79 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Application from Main Streets for Pilot Program - Full Service Outdoor Dining Permits - Have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the amended request Motion made to return to Committee Councilor Martin and 2nd Councilor Houseman for further amendments Order read once and adopted 8 -0 Vote #54 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for Waiver (Water Demand Fee) 62 Pleasant St. / Pleasant Street Apts. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Motion approved 8 -0 Vote 6/10/2013 Regular Meeting #70 Page 5 of 8 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Mayor — School Dept re Lease /purchase Contracts — Apple (Lap Top) Program & 6 School Busses have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order & recommend its adoption Ordered: that the City Council approve the request for approval regarding the fact that the transaction exceeds 36 months in duration and the length of the financial commitment. Motion approved 8 -0 Vote #73 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Reappointment — Constable Scott Carleton, 136 Leslie Rd., Rowley, MA. have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the reappointment Order read once and adopted 8 -0 Vote #76 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Recommendations from the Planning Board re: #169 - WSPOD have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Motion approved 8 -0 Vote #77 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of renewal application for Fortuneteller's License — Sophia Andrianopoulos, 11 Sunset Dr. have considered said matter and beg leave to report as follows, to wit: Motion approved 8 -0 Vote #78 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of I application for Hawkers & Peddlers License — Bruce Gordon , 5 Patriots Cir., Gloucester, MA. One Day Event (West Beach) July 4, 2013 have considered said matter and beg leave to report as follows, to wit: 6/10/2013 Regular Meeting Page 6 of 8 Recommend the Council approve the License Order read once and adopted 8 -0 Vote #80 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Mass DEP to Beverly Water Dept. 2013 Public Water System Awards Program have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Motion approved 8 -0 Vote #169 - 2012 #76 -A -2013 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order Councilor Martin — Water Supply Protection Overlay District (WSPOD) Proposed Amendments Article XXXV, Sec. 38.28.C1 & 38.28.C.2 have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended Order and recommend its adoption )rdered that: In the year two thousand and Thirteen Ln Ordinance amending the City of Beverly Zoning Map and an ordinance entitled (Zoning) Watershed (Supply) ' rotection Overlay District (WSPOD) Article XXXVIII, Section 38.31.0 (Formerly Section 29 -31.C. of the Zoning )rdinance). ►e it ordained by the City Council of the City of Beverly as follows, to wit: To adopt certain zoning text and map amendments relative to the City's Watershed (Supply) Protection Overlay District. The proposed zoning text and map changes were initially proposed by Order #169 of 2012 and amended based on recommendation from the Planning Board (as embodied in Order # 76) and by inclusion of the following language in Section 38- 31.C.1.: "(e) work in support of the Salem & Beverly Water Supply Board, which has primary responsibility for the distribution and protection of the water supply for Beverly, Salem and parts of Wenham, and has ultimate authority for those activities." A copy of the proposed amendments, which would affect the City zoning map as well as Sections 38 -31.C. (WATERSHED PROTECTION OVERLAY DISTRICT), 38 -2. (DEFINITIONS) and 38 -4.13. (INTERPRETATION OF DISTRICT BOUNDARIES) of Chapter XXXVIII of the City of Beverly Ordinances, is on file in the office of the City Clerk and is available for public review. First Reading: July 2, 2012 Joint Public Hearing : Sept. 4, 2012 Continued: Oct. 15, 2012 Continued: Nov. 19, 2016 Continued: April 16, 2013 Second Reading May 20, 2013 Advertise and Hold for final Passage: June 17, 2013 Motion approved 8 -0 Vote #170 - 2012 6/10/2013 Regular Meeting #76 -B -2013 Page 7 of 8 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order Councilor Martin — Proposed WSPOD amendments to Zoning Ordinance Article XXXVIII, Sec38.28.C1 & 38.28.C.2 have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption Motion was made by Councilor Martin to return to Committee for further discussion 2nd by Councilor Houseman Motion approved 8 -0 Vote #71 The Committee on Public Services /Committee of the Whole to whom was referred the matter of Appointment — Cultural Council Amanda Beard, 16 Kernwood Ave. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 8 -0 Vote #72 The Committee on Public Services /Committee of the Whole to whom was referred the matter of Appointment — Historic District Commission Suzanne LaMont, 20 Porter St. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 8 -0 Vote Unfinished Business: Motions and Orders: #90 Order: - Councilor Guanci - Amendment to Article XIX sec. 19.06 Rates (late file) Referred to Finance & Property and Legal Affairs Meeting Adjourned 9:20 PM Attest: Kathleen P. Connolly, CMC City Clerk 6/10/2013 Regular Meeting Page 8 of 8 6/10/2013