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City of Haverhill
City Council Minutes

Tuesday, December 18, 2012
City Council Chambers

Councilors
John A. Michitson , President
Robert H. Scatamacchia, Vice President
Michael J. Hart
William H. Ryan
Michael S. McGonagle
William J. Macek
Colin F. LePage
Mary Ellen Daly O’Brien
Thomas J. Sullivan

Haverhill City Seal

Weekly Meetings
Tuesdays
7:00 PM

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

Agenda

Present – President Scatamacchia, Councillors Hart, Michitson, Ryan, McGonagle, Macek, LePage, Daly O’Brien and Sullivan.

City Clerk – Margaret A. Toomey.

1. Approval of Records of the Previous Meeting

Minutes were approved.

2. Assignment of the minutes review for the next Meeting

Councillor Sullivan was appointed to read the minutes.

3. Communications from the Mayor

No Schedule
ON MOTION OF COUNCILLOR MCGONAGLE TO SUSPEND THE RULES TO INTRODUCE REPRESENTATIVE DEMPSEY, CHAIRMAN OF THE WAYS AND MEANS COMMITTEE.
GRANTED Yeas 9, Nays 0

REPRESENTATIVE DEMPSEY ANNOUNCED THAT HE HAS BEEN WORKING WITH UMASS LOWELL, CHANCELLOR MEEHAN, AND THE PRESIDENT OF UNIVERSITY SERVICES TO SITE A SATELLITE OFFICE IN HAVERHILL WITH A FOCUS ON MERRIMACK STREET. A RFP WILL BE GOING OUT IN THE FIRST QUARTER OF 2013 AND THEY WOULD LIKE TO HAVE THE SITE READY IN SEPTEMBER 2013.

4. Utility Hearing(s) and Related Order(s)

Hearing was held on Document 102, a petition for Joint Pole Location from Verizon New England & Mass Electric Co (North Andover) for So Prospect St., plan 709. With Joseph Gleason from Verizon appearing in favor and no one in opposition the hearing was closed. 102

Document 102-B
ORDERED: Order granting Joint Pole Location to Verizon New England Inc. and Mass Electric Co for So Prospect St
GRANTED: Yeas 9, Nays 0 102-B

Hearing was held on Document 103, a petition for Joint Pole Location from Verizon New England & Mass Electric Co (North Andover) for Middlesex St, plan 708. With Joseph Gleason from Verizon appearing in favor and no one in opposition the hearing was closed. 103

Document 103-B
ORDERED: Order granting Joint Pole Location to Verizon New England Inc. and Mass Electric Co for Middlesex St
GRANTED: Yeas 9, Nays 0 103-B

Hearing was held on Document 106, a petition for Joint Pole Location from Verizon New England & Mass Electric Co (North Andover) for Main St, plan 740. With Joseph Gleason from Verizon appearing in favor and no one in opposition the hearing was closed. 106
Document 106-B

ORDERED: Order granting Joint Pole Location from Verizon New England & Mass Electric Co (North Andover) for Main st
ON MOTION OF COUNCILLOR MACEK TO AMEND TO HAVE POLE # 8/8.5 PLACED IN SAME LOCATION/ ALIGNMENT AS POLE #8/9.
PASSED Yeas 9, Nays 0
GRANTED AS AMENDED Yeas 9, Nays 0 106-B

5. Appointments

Confirming Appointments:
No Schedule

Non-Confirming Appointments:
No Schedule

6. Petitions

Petitions:
No Schedule

Applications:
Application was received from Dave LaBrode, on behalf of Frozen Shamrock 3-Mile Road Race, for a Road Race to begin at Archie’s Little River Ale House, 27 Lafayette sq, February 24, 2013 at 1PM.
GRANTED Yeas 9, Nays 0 45-I

Annual License Renewals:
Theater License: Chunky’s Cinema Pub, 371 Lowell Ave, 3 Screens
GRANTED Yeas 9, Nays 0 73-D

Renewals 2013 Drainlayer Licenses:
The following were all granted:
Brett Berube 107-E
Paul D. Busby 107-F
Rocci Delucia, Jr. 107-G
Thomas A. Dube 107-H
Thomas B. Hodgson 107-I
Peter G. Holland 107-J
Stephen J. Iacozzi 107-K
Michael Mazzotta 107-L
Douglas Robbins 107-M
Shawn Savage 107-N
William T. Sawyer 107-O
Henry Torromeo 107-P
GRANTED Yeas 9, Nays 0

ON MOTION OF COUNCILLOR MCGONAGLE TO SUSPEND THE RULES TO INTRODUCE ROBERT MOORE TO SPEAK ABOUT THE BAILEY CONSERVATION RESTRICTION PLAN.
GRANTED Yeas 9, Nays 0

ROB MOORE INTRODUCED VANESSA JOHNSON OF THE ESSEX COUNTY GREENBELT ASSOCIATION TO EXPLAIN THE BAILEY CONSERVATION RESTRICTION. SHE STATED THAT JANIS AND PERLEY BAILEY WERE DONATING 60 ACRES OF THE 65 ACRE PROPERTY AT 452 KINGSBURY AVENUE TO THE GREENBELT ASSOCIATION. THIS LAND SURROUNDS THEIR FARMHOUSE AND PROTECTS THE PROPERTY. THE REMAINING 5 ACRES WILL BE KEPT FOR THE FAMILY AND CAN BE SUBDIVIDED.

ORDERED: That the Mayor and City Council hereby approve the foregoing Conservation Restriction to the Essex County Greenbelt Association, Inc. for the preservation of the natural resources of said City and being in the public interest pursuant to Massachusetts Laws Chapter 184, Section 32, a copy of which is attached hereto and incorporated herein. (See document for complete text)

ON MOTION OF COUNCILLOR HART TO INSERT THE FOLLOWING IN PARAGRAPH 4C, FIRST LINE, AFTER THE WORDS THE FARM CONSERVATION PLAN, “WHICH PLAN MUST BE CREATED AND APPROVED PRIOR TO ANY CHANGE IN USE OF THE PROPERTY.”
PASSED Yeas 9, Nays 0

On the question of passage the yeas and nays were as follows:
Yeas,-Councillors Michitson, Hart, Ryan, McGonagle, Macek, LePage, Sullivan, President Scatamacchia, 8, and
Nays,-Councillor Daly O’Brien 1
PASSED AS AMENDED 110

7. Hearings and Related Orders

Document 105
Petition was received from William Pillsbury Jr., Economic Development & Planning Director/City of Haverhill, requesting Hearing re: Zoning – Merrimack Street Gateway Renaissance Overlay District. A favorable recommendation was received from the Planning Board and William Pillsbury, Economic Development & Planning Director. HEARING OPENED. MAYOR FIORENTINI STATED THIS IS A PRIORITY DEVELOPMENT PROJECT. MR. PILLSBURY STATED THE DESIGNATED AREA IS FROM THE BASILIERE BRIDGE TO THE POST OFFICE. HE RECOMMENDED SUBSTITUTING IN FULL THE NEW ORDINANCE DATED 12/12/12.
HEARING CLOSED. *

MUNICIPAL ORDINANCE CHAPTER 255
Article XV. Merrimack Street Gateway Renaissance Overlay District (MSGROD)
255-136 Purpose

It is the purpose of this article to establish a Merrimack Street Gateway Renaissance Overlay District and thereby to encourage additional smart growth in the downtown core, to foster a range of housing opportunities along with mixed use development components including, among others, distinctive retail, education and education-based uses, performing arts, media and graphics arts, offices, restaurants, public and private access to and use of the Merrimack River, which is now effectively cut off by a substantial and necessary flood wall, to spark the development of marine use facilities taking advantage of the navigable waters of the Merrimack River adjacent to downtown Haverhill, and to encourage private capital to invest in the design and construction of distinctive and attractive site development programs that promotes compact design, creation of vital urban open space, and take advantage of a variety of transportation options, including enhanced pedestrian access to employment and nearby rail access. (See document for complete text) 105-B

ON MOTION OF COUNCILLOR RYAN TO MOVE THE DOCUMENT AS RECOMMENDED BY MR. PILLSBURY.
On the question of passage the yeas and nays were as follows:
Yeas,-Councillors Michitson, Hart, Ryan, McGonagle, Macek, LePage, Daly O’Brien, Sullivan, President Scatamacchia, 8, and
Abstain-Councillor McGonagle 1
PASSED

On the question of passage the yeas and nays were as follows:
Yeas,-Councillors Michitson, Hart, Ryan, McGonagle, Macek, LePage, Daly O’Brien, Sullivan, President Scatamacchia, 8, and
Abstain-Councillor McGonagle 1
PASSED AS AMENDED 105-BB

8. Motions and Orders

ON MOTION OF COUNCILLOR RYAN TO SEND A LETTER TO THE MAYOR ASKING THAT A PROCESS BE PUT ESTABLISHED FOR PREAPPROVAL AND RECOMMENDATION OF JOINT POLE LOCATIONS PRIOR TO COUNCIL APPROVAL.
GRANTED Yeas 9, Nays 0

9. Unfinished Business of preceding Meetings

No Schedule

10. Communications and Reports from City Officers and Employees

Monthly Reports:
No Schedule

Communications from Councillors:
Communication was received from Councillors LePage and Macek requesting a discussion regarding Zoning for the Waterfront Interim Overlay District (WIPOD) and Medical Marijuana Dispensaries.

COUNCILLOR LEPAGE REVIEWED THE BACKGROUND OF WIPOD AND WANTED TO KNOW WHAT WAS THE STATUS OF THIS ZONING. THE MAYOR STATED THAT THEY ARE WORKING ON A COMPREEHENSIVE PLAN FOR THE DOWNTOWN WHICH WOULD BE COMPRISED OF THREE DISTRICTS: MERRIMACK ST. OVERLAY DISTRICT, CREATE THE FIRST 40B DISTRICT TO TAKE ADVANTAGE OF THE GATEWAY CITIES TAX CREDIT, AND WATERFRONT REZONING DISTRICT. HE RECOMMENDED HE RECOMMENDED THAT THE PLAN THAT OUR CONSULTANT, DENISE MCCLURE, IS WORKING ON BE REFERRED TO COMMITTEE OR MAYOR/COUNCIL CONFERENCE AT THE APPROPRIATE TIME.
COUNCILLOR MACEK EXPRESSED HIS CONCERN ABOUT THE MEDICAL MARIJUANA DISPENSARIES AND BEING PREPARED. THE MAYOR STATED THAT THE PUBLIC IS PROTECTED. DISPENSARIES ARE NOT ALLOWED ANYWHERE IN MASS. FOR THE NEXT SIX MONTHS AND THE STATE HAS TO DRAFT REGULATIONS. THERE ARE NO GROUPS THAT ARE LICENSED TO DISPENSE MARIJUANA AND THEY CAN NOT APPLY UNTIL THE REGULATIONS ARE ISSUED.
PLACED ON FILE 108-B

Communication was received from Councillor Sullivan requesting an update on the status of the location of certain telephone poles along the Rte. 125 South Main Street Reconstruction project and also requests a written report from City Engineer, John Pettis.
COUNCILLOR SULLIVAN STATED THAT HE WAS INFORMED BY MR. PETTIS THAT THE CONSULTANT FOR THE PROJECT IS DOING A POLE BY POLE REVIEW WITH THE INSPECTOR AND MASS. DOT. A REPORT BY THE CONSULTANT WILL BE ISSUED IN JANUARY. 108-C

Communications from City Employees:
No Schedule

11. Resolutions and Proclamations
No Schedule

Council Committee Reports and Announcements
COUNCILLOR LEPAGE ANNOUNCED THE ADMINISTRATION & FINANCE COMMITTEE
MEETING SCHEDULED FOR JAN 3, 2013 AT 7:00PM IN THE CITY COUNCIL OFFICE. ITEMS TO BE DISCUSSED ARE WAIVING FEES FOR NONPROFITS AND REMOTE PARTICIPATION.

Meeting adjourned at 9:20 o’clock P.M. Yeas 9, Nays 0

Attest:
Margaret A Toomey
City Clerk

* Document 105-BB – New ordinance Merrimack St. Gateway Renaissance Overlay District dated Dec. 12, 2012 submitted by William Pillsbury

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