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City of Haverhill
City Council Minutes

Tuesday, November 15, 2011
City Council Chambers

Councilors
Michael J. Hart, President
Robert H. Scatamacchia, Vice President
William H. Ryan
Michael Young
David E. Hall
Colin F. LePage
Mary Ellen Daly O’Brien
Sven A. Amirian
William J. Macek

City of Haverhill Seal

Weekly Meetings
Tuesdays
7:00 PM

Haverhill City Hall
Room 202
4 Summer St
Haverhill, MA 01830


City of Haverhill November 15, 2011

Meeting of the City Council was held at 7:00 o’clock P.M., Room 202.

Present,-President Hart, Councillors Scatamacchia, Ryan, Young, Hall, LePage, Daly O’Brien, Amirian and Macek.

Records of the last meeting were approved.

Councillor Scatamacchia was appointed to read the records for the present week.
_________________________

PETITIONS

The following License Renewals were received:

  • Chair Car Vehicles
    • Central Wheelchair & Van Transportation, 142 Essex st,11 Vehicles GRANTED Yeas 9, Nays 0 67-K
    • Central Wheelchair & Van Transportation, 142 Essex st, 3 Vehicles GRANTED Yeas 9, Nays 0 67-L
  • Limousines
    • Robert Michael’s Limo Service, 234 Water st, 4 Vehicles GRANTED Yeas 9, Nays 0 67-M
    • Robert Michael’s Limo Service, 234 Water st, 5 vehicles GRANTED Yeas 9, Nays 0 67-N
  • Theaters
    • Chunky’s Cinema Pub, 372 Lowell Av, 3 Screens POSTPONED TO NOV. 29, 2011 Yeas 9, Nays 0 67-O

Applications were received for Hawker/Peddler License to sell Christmas trees, wreaths, kissing balls, baskets and decorations from:

  • Paul Abare at 403 River st; Sunday-Saturday, 7:30am-9:00pm; November 23 thru December 24 GRANTED Yeas 9, Nays 0 10-M
  • Elks at 24 Summer st; Saturday & Sunday, 9:00am to 6:00pm; Monday-Friday 12noon to 8:00pm; November 26 thru December 24 GRANTED Yeas 9, Nays 0 10-N

Application was received for renewal of Handicap Parking Sign from Amber Vine at 26 Portland st GRANTED Yeas 9, Nays 0 28-X

Petition was received from James Jaguga, President of Greater Haverhill Chamber of Commerce announcing The Downtown Christmas Stroll; Friday, December 2 from 5-8 pm on Merrimack st, Washington Square, Washington st, Columbus Park and Wingate st; and also asks approval for several related requests for this event. GRANTED Yeas 9, Nays 0 106


Abatement report was received from Board of Assessors for month of October 2011. PLACED ON FILE 11-K

COMMUNICATIONS

Communication was received from Councillor Hall requesting a discussion regarding the removal of a handicap parking space at 76 South Prospect Street. PLACED ON FILE & REFERRED TO PLANNING Yeas 9, Nays 0 97-J

Communication was received from Councillor Daly O’Brien requesting a discussion regarding street directions in the historical downtown area near the new garage: Streets – Moulton Way, Granite and Wingate. PLACED ON FILE & REFERRED TO TRAFFIC & SAFETY COMMITTEE Yeas 9, Nays 0 97-K

HEARINGS

Brandy Brow Road Hearings - all postponed from Oct. 25, 2011

Document 88/07

Hearing was held on Document 88/07, a petition from Stephen Stapinski for D&D Realty Trust requesting a special permit – Watershed Protection District for Roadway Improvements—Brandy Brow Road. Recommendation to approve with conditions was received from William Pillsbury, Economic Development and Planning Director. Donald Borenstein represented the petitioner and Dave Jordan from MHF Design spoke in favor. Richard Matheson, John Curtin and Randy Townsend were opposed.
HEARING CLOSED 88/07

ON MOTION OF COUNCILLOR MACEK TO PASS THE SPECIAL PERMIT WITH THE FOLLOWING AMENDMENTS: TO ATTACH ALL THE CONDITIONS ACCORDING TO THE CITY’S ECONOMIC DEVELOPMENT AND PLANNING DIRECTOR WILLIAM PILLSBURY, AND TO APPROVE ALL THE SPECIAL PERMITS INCLUDING THE LIST AS OUTLINED IN HIS TWO LETTERS DATED NOVEMBER 14, 2011 AND ONE LETTER DATED NOVEMBER 15, 2011 AND MAKE
SURE ALL CONDITIONS AND PEER REVIEW LETTER IS ALSO A CONDITION OF THE
SPECIAL PERMIT.
MOTION PASSED Yeas 9, Nays 0 and

ON MOTION OF COUNCILLOR MACEK TO AMEND THE AMENDMENT BY ADDING: IN THE EVENT OF CONFLICT WITH A BOARD WITH THE DETERMINATION OF THE PEER REVIEW LETTER AGAINST THE DEPARTMENT HEAD’S RECOMMENDATIONS, THAT THE DEPARTMENT HEADS OF THE BOARD WOULD BE THE DECISION MAKING AUTHORITY.
MOTION PASSED Yeas 9, Nays 0
PASSED WITH CONDITIONS Yeas 9, Nays 0 88/07

Document 88-B/07
Hearing was held on Document 88-B/07, a petition from Stephen Stapinski for D&D Realty Trust requesting a special permit – Watershed Protection District for Erin Way Subdivision — off Brandy Brow Road. Recommendation to approve with conditions was received from William Pillsbury, Economic Development and Planning Director. Donald Borenstein represented the petitioner and no one in opposition, the hearing was closed.
HEARING CLOSED 88-B/07

ON MOTION OF COUNCILLOR MACEK TO PASS THE SPECIAL PERMIT WITH THE FOLLOWING AMENDMENTS: TO ATTACH ALL THE CONDITIONS ACCORDING TO THE CITY’S ECONOMIC DEVELOPMENT AND PLANNING DIRECTOR WILLIAM PILLSBURY, AND TO APPROVE ALL THE SPECIAL PERMITS INCLUDING THE LIST AS OUTLINED IN HIS TWO LETTERS DATED NOVEMBER 14, 2011 AND ONE LETTER DATED NOVEMBER 15, 2011 AND MAKE SURE ALL CONDITIONS AND PEER REVIEW LETTER IS ALSO A CONDITION OF THE SPECIAL PERMIT.
MOTION PASSED Yeas 9, Nays 0 and

ON MOTION OF COUNCILLOR MACEK TO AMEND THE AMENDMENT BY ADDING: IN THE EVENT OF CONFLICT WITH A BOARD WITH THE DETERMINATION OF THE PEER REVIEW LETTER AGAINST THE DEPARTMENT HEAD’S RECOMMENDATIONS, THAT THE DEPARTMENT HEADS OF THE BOARD WOULD BE THE DECISION MAKING AUTHORITY.
MOTION PASSED Yeas 9, Nays 0
PASSED WITH CONDITIONS Yeas 9, Nays 0 88-B/07

Document 88-D/07

Hearing was held on Document 88-B/07, a petition from Stephen Stapinski for D&D Realty Trust requesting a special permit – Watershed Protection District for Richard Early Subdivision-Form A Lots-Brandy Brow Road. Recommendation to approve with conditions was received from William Pillsbury, Economic Development and Planning Director. Donald Borenstein represented the petitioner and no one in opposition, the hearing was closed.
HEARING CLOSED 88-D/07

ON MOTION OF COUNCILLOR MACEK TO PASS THE SPECIAL PERMIT WITH THE FOLLOWING AMENDMENTS: TO ATTACH ALL THE CONDITIONS ACCORDING TO THE CITY’S ECONOMIC DEVELOPMENT AND PLANNING DIRECTOR WILLIAM PILLSBURY, AND TO APPROVE ALL THE SPECIAL PERMITS INCLUDING THE LIST AS OUTLINED IN HIS TWO LETTERS DATED NOVEMBER 14, 2011 AND ONE LETTER DATED NOVEMBER 15, 2011 AND MAKE SURE ALL CONDITIONS AND PEER REVIEW LETTER IS ALSO A CONDITION OF THE
SPECIAL PERMIT.
MOTION PASSED Yeas 9, Nays 0 and

ON MOTION OF COUNCILLOR MACEK TO AMEND THE AMENDMENT BY ADDING: IN THE EVENT OF CONFLICT WITH A BOARD WITH THE DETERMINATION OF THE PEER REVIEW LETTER AGAINST THE DEPARTMENT HEAD’S RECOMMENDATIONS, THAT THE DEPARTMENT HEADS OF THE BOARD WOULD BE THE DECISION MAKING AUTHORITY.
MOTION PASSED Yeas 9, Nays 0
PASSED WITH CONDITIONS Yeas 9, Nays 0 88-D/07


Hearing was held on Document 104, a communication from the Board of Assessors for Tax Classification for FY 2012. Speaking to the issue were Stephen Gullo, James Jajuga, and Randy Townsend.
HEARING CLOSED 104

City Clerk Toomey introduced Document 104-B To Wit:

ORDERED: That the residential factor for fiscal year 2012 be adopted as

On motion of Councillor Hall to adopt number as .896999
PASSED Yeas 9, Nays 0 104-B

City Clerk Toomey introduced Document 104-C To Wit:

ORDERED: That the City shall adopt a commercial exemption. NOT PASSED Yeas 0, Nays 9, 104-C

City Clerk Toomey introduced Document 104-D To Wit:

ORDERED: That the City shall adopt a residential exemption. NOT PASSED Yeas 0, Nays 9 104-D

City Clerk Toomey introduced Document 104-E To Wit:

ORDERED: That the City shall select an open space discount factor. NOT PASSED Yeas 0, Nays 9, 104-E

City Clerk Toomey introduced Document 104-F To Wit:

ORDERED: That the City Council of the City of Haverhill hereby accepts the provisions of the Massachusetts General Laws, Chapter 59, Section 5, Clauses 17E and 41D with respect to Permanent acceptance of the annual C.P.I. index increase to the tax exemptions for the elderly. NOT PASSED Yeas 0, Nays 9, 104-F

City Clerk Toomey introduced Document 104-G To Wit:

ORDERED: That the City Council accept 100% of C.P.I. (Consumer Price Index)increase reported by the State for F.Y. 2012 Exemptions. The 2012 C.P.I.amount is 1.65%. PASSED Yeas 9, Nays 0 104-G

NEW BUSINESS

City Clerk Toomey introduced Document 16-O To Wit:

ORDERED: That the sum of $601,064 be appropriated from additional Local Aid and transferred to Stabilization.
PASSED Yeas 9, Nays 0 16-O

City Clerk Toomey introduced Document 107 To Wit:

ORDERED: The Document 46-B of 2003 is hereby amended by deleting the words
“…and with restrictions of the Building Inspector that NO BUILDING PERMITS OR VARIANCE WOULD BE APPROVED FOR ANY COMMERCIAL OR RESIDENTIAL CONSTRUCTION.” In doing so, it is the intention of the City Council to remove any restriction of record created by the above language in said Document. Further, the Mayor is authorized to execute any documents necessary to effectuate the removal and release of this restriction relating to the real property located at 22 Calumet Street, now known as Assessor’s Map 529, Block 11, Lot 126. PASSED Yeas 9, Nays 0 107

City Clerk Toomey introduced Document 108 To Wit:

ORDERED: That the Mayor being and is hereby authorized to accept a gift from Triad Associates, Inc. of Haverhill of repairs to the granite stairs and installation of pavers in front of City Hall with a value of $16,000.
PASSED Yeas 9, Nays 0 108

City Clerk Toomey introduced Document 34-I To Wit:

ORDERED: That the Mayor be and is hereby authorized to enter into and execute a “second lease extension agreement” to a certain lease agreement on behalf of City of Haverhill with Triad Associates Inc for the premises known as a portion of Assessor’s Map 649, Block 611, Lot 2, Haverhill Mass 01830, containing 4.47 +/- acres, a copy of which is attached hereto and incorporated herein.
PASSED Yeas 9, Nays 0 34-I

Meeting adjourned at 9:15 o’clock P.M. Yeas 9, Nays 0

Attest:
Margaret A Toomey
City Clerk

 
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Office of the Mayor
City of Haverhill, Massachusetts
City Hall, Room 100, 4 Summer Street, Haverhill, MA 01830
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