City of Haverhill
City Council Minutes
Tuesday, June 11, 2013
City Council Chambers
John A. Michitson
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 Hall
4 Summer St
Haverhill, MA 01830
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
The minutes were approved.
2. Assignment of the minutes review for the next Meeting
Councillor LePage was appointed to read the minutes.
3. Communications from the Mayor
4. Utility Hearing(s) and Related Order(s)
Attorney April DerBogosian, 820 Hilldale Ave., Haverhill Planning Board, effective upon confirmation and will expire June 11, 2018
CONFIRMED Yeas 9, Nays 0 20T
ON MOTION OF COUNCILLOR RYAN TO SUSPEND THE RULES TO APPOINT AN INDIVIDUAL TO THE BOARD OF REGISTRARS
GRANTED Yeas 9, Nays 0
COUNICLLOR RYAN EXPLAINED THE NEED FOR A REGISTRAR SINCE TWO HAD RECENTLY RESIGNED. ON MOTION OF COUNCILLOR RYAN TO APPOINT PATRICK DRISCOLL, UNENROLLED, TO THE BOARD OF REGISTRARS.
CONFIRMED Yeas 9, Nays 0 20V
The following appointments were made to the Marijuana Advisory Committee:
Police Chief Alan Denaro, or Designee
Dr. Carl Rosenbloom, Board of Health
City Solicitor William Cox
Planning Director William Pillsbury
City Councillor William H. Ryan
PLACED ON FILE 20U
Communication was received from William Pillsbury, Jr, Community Development Director, requesting approval of resolution authorizing Mayor to submit 2013-2014 Community Development Block Grant (CDBG) program for City and approval of corresponding Resolution
MR. PILLSBURY STATED THAT THE CITY, AS AN ENTITLEMENT COMMUNITY, HAS PARTICIPATED IN THIS PROGRAM FOR 39 YRS. THIS YEAR’S FUNDING IS $897,000.
PLACED ON FILE 68
ORDERED: Resolution of the City Council of Haverhill, Massachusetts, authorizing the Mayor to submit the amended consolidated plan for the Community Development Block Grant Program, including all understandings and assurances contained therein. (see document for completed text)
ADOPTED Yeas 9, Nays 0 69
Annual License Renewals: The following renewals were granted:
Pool Table (1) – Italian American Benevolence Assoc., 210 Winter st 61E
Sunday Pool Table (1) – Italian American Benevolence Assoc. 70
Taxi Cab (12) – A Family Cab (Brian House), 21 White st 64D
GRANTED Yeas 9, Nays 0
Application was received from Kristyn White for a One Day All Alcoholic License at
Winnekenni Castle for a Wedding on June 22, 2013 from 3:00PM to 10:00PM; alcohol to be served by Butlers and Bars
GRANTED, subject to approval by License Commission Yeas 9, Nays 0 31D
7. Hearings and Related Orders
Petition was received from Louis Franchi from Haverhill Realty Development Trust on behalf of Riverside Place Condominiums requesting a waiver of the Affordable Housing Component for Riverside Place Condominiums, located at 70 Washington st; City Assessor’s Map 309-Block 1-Lot 5a
ANDREW HERLIHY, DIVISION DIRECTOR, CDBG, STATED THAT 5 UNITS WERE DESIGNATED AS AFFORDABLE UNITS, ONLY 2 SOLD AS AFFORDABLE UNITS, 3 REMAIN THAT HAVE NEVER BEEN SOLD. DEVELOPER WANTS TO SELL AT MARKET RATE; STIPULATIONS ON AFFORD-ABLE UNITS ARE DETRIMENT TO SELLING AND THAT CURRENT INCLUSIONARY ZONING IS BEING REWORKED.
ON MOTION OF COUNCILLOR RYAN TO GRANT THE WAIVER
PASSED Yeas 9, Nays 0 53
Petition was received from William Pillsbury, Economic Development & Planning Director, for City of Haverhill proposing Amendment to Zoning Ordinance for Computer Drive – to modify one category of use in the CH zone table of uses and be limited to only the CH zone located at Computer Drive with favorable recommendation from Planning Board with comments from Planning Director William Pillsbury Jr
Mr. PILLSBURY STATED THIS ZONINIG CHANGE WAS SPECIFICALLY FOR THE FORMER LOWES BUILDING; CATEGORY OF USE WOULD BE FOR MANUFACTURING
HEARING CLOSED 62
MUNICIPAL ORDINANCE CHAPTER 255
An Ordinance Relating to Zoning
Table of Use and Parking Regulations
Amend Section 255, Table 1; Page 10 – to add designation of “P” in the CH Zone;
this change is only for property in CH Zone at Computer Drive (see document for complete text)
PASSED Yeas 9, Nays 0 62B
8. Motions and Orders
Ordinances (File 10 Days)
9. Unfinished Business of preceding Meetings
MUNICIPAL ORDINANCE CHAPTER255AN ORDINANCE RELATING TO ZONING PREAMBLE
Whereas, on November 6, 2012 Massachusetts voters approved Ballot Question 3, also known as the Massachusetts Medical Marijuana Initiative or "Law for the Humanitarian Medical Use of Marijuana" (hereinafter the "Medical Marijuana Law"); and
Whereas, the Medical Marijuana Law took effect on January 1, 2013; and
Whereas, under the Medical Marijuana Law a "Medical Marijuana Treatment Center” shall mean a not-for-profit entity, as defined by Massachusetts law only, registered under this law, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or
June 11, 2013
administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers."; and
Whereas, the Medical Marijuana Law enables the Massachusetts Department of Public Health (DPH) to register up to 35 such centers within the first year of enactment, with a minimum of one and a maximum of five located within each county; and
Whereas, DPH issued regulations for the implementation of the Medical Marijuana Law on
May 8, 2013; therefore
BE IT ORDAINED by the City Council of the City of Haverhill that Chapter 255 of the Code of the City of Haverhill, as amended, being and is hereby further amended by adding the following:
"§255-16.1 Temporary Moratorium on Medical Marijuana Uses
A. Purpose and Justification- The purpose of the temporary moratorium is to give
the City of Haverhill sufficient time after the promulgation of DPH regulations to evaluate the potential land use impacts of Medical Marijuana Treatment Centers as such term is defined under the Medical Marijuana Law, and, if necessary and appropriate, to prepare and adopt zoning standards for Medical Marijuana Treatment Centers.
B. Temporary Moratorium Provision- For the duration of this Temporary Moratorium a Medical Marijuana Treatment Center as defined in the Medical Marijuana Law shall be prohibited as a PRINCIPAL and ACCESSORY USE in all zoning districts, and no use variance shall be granted to allow a Medical Marijuana Treatment Center.
C. Temporary Moratorium Expiration - Unless extended, continued or modified by a subsequent action of the City Council and Mayor·, the provisions of this Temporary Moratorium shall expire upon either of the first to occur of: (a) the adoption by the City Council and Mayor of an amendment to this ordinance that explicitly rescinds or replaces this moratorium, or (b) October 1, 2013."
REFERRED TO PLANNING Yeas 9, Nays 0 65
10. Communications and Reports from City Officers and Employees
Abatement Report was received from Board of Assessors for month of May 2013
PLACED ON FILE 19F
Communications from Councillors:
Communication was received from Councillor Michitson requesting an update on paid parking downtown including a financial analysis and the pros and cons for both business owners and residents of the City as well as potential modifications to the parking plan.
POSTPONED TO JUNE 18, 2013 57E
Communication was received from Councillor McGonagle requesting to introduce Lisa Malone to discuss crosswalks in the area of Broadway. MS MALONE DESCRIBED TRAFFIC SITUATION ON BROADWAY AND GAVE SUGGESTIONS TO CURB SPEEDING REFERRED TO TRAFFIC & SAFETY COMMITTEE AND LETTER TO
CHIEF DENARO Yeas 9, Nays 0 57F
Communication was received from Council President Scatamacchia announcing Special City Council meeting on Tuesday, June 18, 2013 at 7:00PM in the City Council Chambers, Room 202, to discuss the fiscal year 2014 budget.
PLACED ON FILE 57G
Communications from City Employees:
Communication was received from City Tree Warden announcing a Public Shade Tree Hearing scheduled for June 25 at 7:00PM, City Hall, Room 301; regarding an application from National Grid to remove hazard trees or prune public shade trees for additional clearance to reduce tree outage problems; with list of trees designated available at Dept. of Public Works, 500 Primrose st, during normal business hours
PLACED ON FILE 71
Meeting adjourned at 7:50 o’clock P.M. Yeas 9, Nays 0
Margaret A Toomey