2014-02-03Regular Meeting
Page 1 of 7
Beverly Meeting Minutes
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Tuesday, February 18, 2014 1 :50 PM
To: pguanci @beverlyma.gov; jsilva @beverlyma.gov; dlang @beverlyma.gov; erand @beverlyma.gov; Jim
Latter; shouseman @beverlyma.gov; Don Martin; jfrates @beverlyma.gov; minutes @beverlyma.gov;
msthilaire @beverlyma.gov
Subject: 14. Feb.3.doc
Regular Meeting
Beverly City Council 7:00 PM February 3, 2014
Rolf Call: Councilors: John P. Frates, Jr., Scott D. Houseman, David J. Lang, James F. Latter, Donald
G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci
Pledge of Allegiance to the Flag: Councilor Lang
Presentations, Awards and Memorials:
#39 Recognition Ceremony — Police Chief
#40 Presentation -Open Space Semi Annual Report (Amy MaxnerlCharlie Mann)
#41 Presentation — Community Preservation Committee Update (Wendy Pearl)
Acceptance of Minutes: Minutes for meeting of January 21, 2014
Public Speakers and Hearings:
Continuation of Public Hearing: #12 - 7:20 PM Transfer of Funds Chief of Staff Position
Public Hearing closed: Referred to Finance & Property
Communications from His Honor the Mayor:
#42
February 3, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Patrick J. McLaughlin, 24 Mt. Vernon Street, Gloucester,
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Massachusetts 01930 to serve as Constable in the City of Beverly for the express purpose of serving Civil Process.
Attached is Mr. McLaughlin's application, which has been approved by Police Chief John LeLacheur.
Mr. McLaughlin's term will be effective until February 3, 2017.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#43
February 3, 2014
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
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In 2013, this Honorable Council passed order #133 petitioning the General Court to approve special legislation issuing four
additional liquor licenses to establishments in the City of Beverly. Representative Parisella and Senator Lovely proposed House
Bill 3739, which contains the language approved by this Honorable Council. Subsequently, amendments to the Bill were
suggested, and Senator Lovely has moved to amend Section 1 of the Bill as follows:
1. by inserting after the first sentence the following sentence:
"Upon issuance of the license authorized in this act, Wicked Art Bar, LLC shall surrender to the licensing
authority the seasonal license it currently holds. "; and
2. by inserting after the word "revenue ", in line 16, the following words: "and a letter from the department of
unemployment assistance ".
The text of the proposed legislation with the foregoing amendments is appended as Attachment 2.
Representative Parisella's office advises that the amendments suggested are necessary because (1) Wicked Art Bar is required to
surrender its seasonal license in order to obtain the full year license; and (2) applicants are required to submit a letter of good standing
from the Department of Unemployment Assistance and the Department of Revenue.
All of these amendments are within the general public objectives of the Home Rule Petition.
I am requesting that the Council proceed with appropriate action to approve these amendments to the proposed legislation.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
AN ACT AUTHORIZING THE CITY OF BEVERLY TO ISSUE ADDITIONAL LIQUOR LICENSES
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as
follow:
SECTION 1. Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Beverly may
grant: 1 additional license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said
chapter 138 to White Horse Productions, Inc., d /b /a The Larcom Theatre, located at 13 Wallis street in the city of Beverly; 1
additional license for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138
to Stephen K. Cross, individually and d /b /a Happy Clam Seafood Cafe, for a restaurant to be located at 407 Cabot street in the
city of Beverly; 1 additional license for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of
said chapter 138 to the Half Baked Cafe & Bakery, LLC, for a restaurant to be located at 1 West street, in the city of Beverly; and
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1 additional license for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of said chapter
138 to the Wicked Art Bar, LLC, located at 95 Rantoul street, unit 102, in the city of Beverly, providing that the Wicked Art Bar
surrenders the seasonal liquor license it currently possesses. The licenses shall be subject to all of said chapter 138 except
section 17.
The licensing authority shall not approve the transfer of any of the licenses to any other location but it may grant a license to a
new applicant at the same location if the applicant files with the licensing authority a letter from the department of revenue
indicating that the license is in good standing with the department and that all applicable taxes have been paid, and a letter from
the Department of Unemployment Assistance that the license is in good standing.
If any license granted pursuant to this section is cancelled, revoked or no longer in use, it shall be returned physically, with all of
the legal rights, privileges and restrictions pertaining thereto, to the licensing authority, which may then grant the license to a new
applicant at the same location under the same conditions as specified in this act.
SECTION 2. This act shall take effect upon its passage.
#44
February 3, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. Aaron Clausen to serve as the Planning Department representative on
the Parking and Traffic Commission.
Mr. Clausen will replace Ms. Tina Cassidy and his term to be effective until March 1, 2015.
Very truly yours,
Michael P. Cahill, Mayor
Motion was made to approve - Vote — 9 -0
#45
February 3, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
In accordance with the provisions of Massachusetts General Law, Chapter 40B, Section 24, 1 hereby appoint Mr. Aaron Clausen, Director
of Planning and Community Development to serve as the City of Beverly's representative on the Metropolitan Area Planning Council for a
term of three years.
Very truly yours,
Michael P. Cahill, Mayor
Motion was made to approve - Vote — 9 -0
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Communications from other City Officers and Boards:
Communications, Applications and Petitions:
#46
Application Second Hand Dealers License Mint, 174 Cabot St.
Refer to Legal Affairs
#47
Application Taxi License Americab Taxi, Inc. (2)
Refer to Legal Affairs
#48
Application Livery License P & H Transportation Poliana Boltas 6 Palmer Rd.
Refer to Legal Affairs
Reports from Committees:
#12
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The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Interdepartmental Transfer re
Chief of Staff Position 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 approve the request of the Mayor for a transfer in the amount of $36,100 from the Planning Department to
the Chief of Staff Position within the Executive Department.
First Passage: Jan. 6, 2014
Public Hearing: Jan. 21, 2014 recessed to meeting of Feb.3, 2014
Final Passage: Feb. 3, 2014
Order read once and adoated 9 -0 Vote
#26
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The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of reappointment of Joel Margolis to serve on the Zoning
Board of appeals 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
#28
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Comm. from Parking and Traffic re no
Parking Signs on Hale St. between Neptune St. and Limits of State Highway have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying order and recommend its adoption
Receive and Place on File
Order read once and adopted 9 -0 Vote
#29
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application Second Hand Dealers License
Robert Holland D /B /A BayState Watch and Jewelry 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
#30
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application Sunshine Car Service, LLC 153
Newbury St, Peabody for two taxi Licenses 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
#31
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of appointment to Economic and Community
Development Council of Michael O'Brien 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
#32
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Renewal application for Peddlers License
Wendy Cunniff Mobile Food Cart have considered said matter and beg leave to report as follows, to wit:
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Recommend the license be granted
Order read once and adopted 9 -0 Vote
#33
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Renewal application for Peddlers License
Ezra Holland, Hot Dog & Sausage Cart 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
#34
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Renewal application for Peddlers License
Peter McNerney, Hot Dog & Sausage Cart 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
#38
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Amendment to Chapter 38- 19,C -b of the
Beverly city Zoning Ordinances have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: Notice is hereby given in accordance with M.G.L. Chapter 40A, Section 5 that the Beverly City Council and Beverly Planning
Board will hold a Joint Public Hearing on Monday March 3, 2014 at 7:20 p.m. in the City Council Chambers, third floor, City Hall relative
to a Proposed Amendment to Zoning Ordinance Chapter XXXVIII Section 38 -19 IR and IR Overlay — Restricted Industrial, Research &
Office District. The proposed amendment to Section 38- 19.C.b would strike the words "both" and "and off' so that Section 38- 19.C.b. would
read: "Restaurant selling food for consumption on the premises ".
Copies of the proposed amendment are on file in the Planning Department and Office of the City Clerk and are available for public review.
Order read once and adopted 9 -0 Vote
#23
The Committee on Public Services / Committee of the Whole to whom was referred the matter of reappointment of Donald Berman, Alex
Ushakoff and Muriel Zaginailoff to serve on the Beverly Cable Advisory Commission have considered said matter and beg leave to report
as follows, to wit:
Recommend the council approve the appointments
Order read once and adopted 9 -0 Vote
#24
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The Committee on Public Services / Committee of the Whole to whom was referred the matter of reappointment of
Neil Olsen and Joanne Panunzio to serve as a trustee of the Beverly Public Library have considered said matter and beg leave to reports
follows, to wit
Recommend the council approve the appointments
Order read once and adopted 9 -0 Vote
#25
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment of Gary Lambert, Chad
Crandall and Kevin Ascolillo to serve on the Beverly Golf and Tennis Commission have considered said matter and beg leave to report as
follows, to wit:
Recommend the council approve the appointments
Order read once and adopted 9 -0 Vote
Unfinished Business:
Motions and Orders:
Meeting Adjourned: 8:23 PM Attest: Kathleen P. Connolly, CMC
City Clerk
3/5/2014