A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 11, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on June 5, 2009 at 10:30 A.M.
Councillor Furey was recorded as arriving at 7:20 P.M.
Council President Paul Prevey presided.
Councillor O'Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Prevey requested that everyone please rise to recite the Pledge of Allegiance.
(#311) - POLE RELOCATION ON DALTON PARKWAY
Held from the last meeting an Order from National Grid to relocate a pole on Dalton Parkway was withdrawn.
(#333) - PUBLIC HEARING ON REVOCATION OF INFLAMMABLE LICENSE 111 NORTH STREET
Public Hearing for Revocation of Inflammables License for 111 North Street, owned by Trickett Realty.
Councillor Prevey stated he introduced an order to revoke the inflammable license for 111 North Street. The property was purchased by Mr. Sideropoulos with the intent to open another gas station. All the trees that were a buffer in the rear of the property were cut down. In 1970 a Board of Appeals decision stated the trees had to stay. Mr. Sideropoulos had conversations with the neighbors, Attorney Joseph Correnti and Attorney Scott Grover for a plan for replacement. No action has happened for months on the landscaping. Last week a sketch plan was submitted to the Planning Department for new landscaping. This issue destroyed the character of the neighborhood. In addition to sights and sounds due to no buffer, now the grading of the property is eroding. Due to the Zoning Ordinance he was only
required to get a building permit. Due to no response on Mr. Sideropoulos's part that's why we are here. Photos are to be received as evidence.
Councillor Pinto stated that back in October we were approached by the neighbors and went to the site.
(Councillor Furey arrived at 7:20 P.M.)
Councillor Furey stated that this issue is about being a good neighbor. This was an injustice and should have never happened. He stated his support of Councillor Prevey.
Councillor O'Keefe stated that Fire Chief David Cody was present at this meeting.
Attorney Scott Grover representative of several of the neighbors stated that he is not here for revocation but to address the concerns of the neighbors. No question that it is a violation of the Board of Appeals decision and admits that Mr. Sideropoulos is difficult.
Helen Papadopoulos - 14 Buffum Street, introduced pictures as evidence. The pictures were the before and after, she lives behind the gas station. What was lost was the buffer, quiet and the value of the homes. This erodes the neighborhood. There are drainage issues now.
Councillor Pelletier asked what about the grade?
Helen Papadopoulos stated that there is a 6 foot difference now that the trees are gone. She read a letter from another neighbor who could not be at the meeting, Colin Young of 3 1/2 Rear Buffum Street.
James Yanakopoulos - 109 North Street, stated that years ago this site was a school then a gas station. He was born in the house he lives in. He maintains his property, cutting those trees has a major negative impact. Things can be handled so this is livable for all of us.
Tim Love - 18 Buffum Street, stated we had 4 meetings with Mr. Sideropoulos and nothing has happened. He needs to be held to the fire to make him fix this.
Pat Morrow - 16 Buffum Street, stated that during the construction work, dirt was piled against her fence which buckled the fence and he made a promise to fix it. Nothing has happened.
She staed that she is In favor of revoking the license.
Simard - 10 Buffum Street, trees were a buffer now noise and dirt piles ruin the backyard. Unless he puts in big trees his license should be revoked.
Robert Peterson - 26 Buffum Street, stated he appreciated the Council taking action. This is a travesty and appreciates any help to correct this.
Stever Kapnis - 10 Buffum Street, stated he welcomed anyone to come and see what we are looking at from Buffum Street. What will happen with all the fill that’s there? It's coming into his back yard.
Jim Treadwell - 36 Felt Street, Northfield Association and a certified Planner he stated zoning is B-2, the gas station is allowed with conditions. The lighting should be turned away from the residential area. Walls are required as a buffer. Distance and vegetation are important for abutters. The spirit of previous condition in the rear of the property should remain as a buffer and any activity be denied.
Lisa Vola - 15 Buffum Street, stated that this was a blatant disregard of the neighbors. How can someone have no regard for this area. She will not support anyone that doesn't follow the rules.
Attorney Joseph Correnti, 63 Federal Street, attorney for Trickett Realty, 111 North Street. Cutting the trees was a mistake. We want to come up with a plan to fix it. He did not cut trees down with ill intent. He has been going slow with this progress and understands neighbors have an unsightly site. Building Inspector gave an order to submit landscaping plans, which has been submitted but has not yet been approved. We know we can't open the business until this is resolved. Revoking is not a step in a positive direction. Our plan is under review with Mr. Rennard, the City's arborist, who will get back to the Building Inspector with a recommendation. When all is done, this will look good. We want to move forward and will address all the issues, retaining wall, paving and landscaping.
Councillor Jean Pelletier stated he is in violation just by filling in the area.
Attorney Correnti stated this is a construction site. The rear will be engineered. This is not the end result.
Councillor Jean Pelletier stated he doesn't have an engineering permit, he just went and did it. A wall giving him more space is not going to help the neighbors. Make sure the slope is right. It should go back to the way it was.
Councillor Joan Lovely asked when was the landscaping plan submitted to the Building Inspector.
Attorney Joseph Correnti stated last week.
Councillor Joan Lovely asked did the neighbors see the plan?
Attorney Correnti responded yes through their attorney.
Councillor Lovely asked do the neighbors approve of the plan?
Attorney Correnti responded we will work towards that, we will work with everyone.
Councillor Arthur Sargent asked were their any liens of the property from past construction?
Mr. Sideropoulos - 111 North Street, responded no.
Councillor Sargent responded that the restrictions were part of the land. The title search reveals this.
Attorney Correnti stated that regarding the special permit back in 1970 we weren't involved in the transaction. It does remain in effect. In 1970 what was recorded was only the front page not conditions. Mr. Sideropoulos didn't know.
Councillor Sargent stated that before anything goes forward the special permit condition should be restored and the license revoked. Once restored come back and apply for the license.
Councillor Sosnowski asked does the new plan submitted to the Building Inspector reflect the conditions? He asked about the pictures of the site behind the station, and wanted to know what were the corrugated pipes for?
Mr. Sideropoulos stated to control roof top drains.
Councillor Sosnowski stated it looks like they are venting something from the soil.
Mr. Sideropolous replies they are roof top drains. Rain goes from the roof.
Councillor Sosnowski asked if they were like sisterns.
Mr. Sideropoulos responded yes.
Councillor Pelletier stated you need a storm water drainage permit what about the run off where will it go?
Councillor Prevey asked Attorney Correnti why should this body not revoke the license? Nothing has happened since 7-8 months ago.
Attorney Correnti responded that he is under order of the building inspector to submit a plan and it has to be approved or we can't open. We acknowledge the impact on the neighbors but there is an impact on the business as well, it is going slowly. There is no inflammable violation. This is a zoning issue. We want to continue in a positive direction.
Councillor Ryan asked can we revoke the license with conditions?
Chief David Cody, Fire Department, stated that there are no fire department issues because they are not open. The Building Inspector won't issue until the conditions are met.
Councillor Robert McCarthy asked what is entailed if revoked to get it back? We don't want to delay it.
Chief Cody stated the Council needs to approve the license.
Councillor Ryan stated that he knows the area well, he grew up there.
Councillor Lovely asked what is the time frame for replanting?
Attorney Correnti stated that once the landscaping plan is approved we can start landscaping within 2 weeks.
Councillor Lovely asked what was the date the plan was submitted?
Attorney Correnti stated May 26, 2009.
Councillor Lovely asked what else is planned for the back of the building?
Attorney Correnti stated no complete site plan, slope, retaining wall, landscaping and pavement. Vehicles can't go around the building, it is an emergency exit. It will be a self serve gas station with a store. Service deliveries will be through the front door.
Councillor Pinto stated he is concerned about the height of the trees
Attorney Correnti stated no 70 foot trees going in, a combination of evergreens, maple but not fully mutured. There was underbrush that was removed.
Councillor Lovely stated that she saw the plan, neighbors will see shrubs and pine trees 10-12 feet. What should be there is matured plants. Replace the arborvides with trees.
Attorney Correnti stated that he has had no feedback yet. Low level shrubs can be addressed.
Councillor Sargent asked when is a deal a deal? The inflammables license was given with special conditions. The conditions were taken back so license should not be in effect. You need to restore those trees to what was there. Tonight we take it away. When he meets the conditions he can get the license back.
Councillor Pelletier stated this is a passionate issue but continue the public hearing. Keep the hearing open. And also support motion for rain water storm water issue to conservation commission.
Attorney Correnti responded that we have heard the Council loud and clear. The cutting of the trees changed the property and the neighborhood. We want to come up with a plan to get trees
that will buffer. We will work with the building inspector, tree inspector and neighbors. Don't revoke the license, we can deal with the issues. We would like the opportunity to do that.
(un-identified woman neighbor) stated that the plans are not adequate. The wall needs to be pushed back the special permit had a 30 foot buffer.
Attorney Grover stated that they will defer to the Council. Councillor Sargent stated give him motivation to resolve the issues. The 1970 zoning decision had a plan that was very clear no rear access. Building Inspector will enforce the 1970 plan.
Councillor Matthew Veno stated that this was the most grievous disregard for the abutters. The fact it was not rectified immediately makes apology hollow. Fix this now or I will vote to revoke the license per Mass. General Law Ch. 13, we can attach conditions to the license.
Councillor Prevey moved that the public hearing be recessed until July 16, 2009. It was so voted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
(#312) – APPPOINTMENT TO THE RENEWABLE ENERGY TASK FORCE
Held from the last meeting the PersonNameMayor’s appt. of Paul Marquis to the Renewable Energy Task Force with a term to expire December 1, 2009, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
#358 – REAPPOINTMENT TO THE ZONING BOARD OF APPEALS
The PersonNameMayor’s reappointment of Annie Harris to serve as a member of the Zoning Board of Appeals with a term to expire June 1, 2012, was confirmed by a roll call vote of 10 yeas, 0 nays, 0 absent, 1 present. Councillors Veno, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely Furey and Prevey were recorded as voting in the affirmative. Councillor Sosnowski was recorded as present.
#359 – CONSTABLE
The PersonNameMayor’s reappointment of Antonio L. Vieira to serve as a Constable with a term to expire June 1, 2010, was received and placed on file.
#360 – DONATION FROM DISTRICT ATTORNEY FOR ESSEX COUNTY SUMMER CAMP PROGRAM
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation from the District Attorney for the Essex District in the amount of Seven Thousand One Hundred and Forty-Four Dollars and Sixty-eight cents ($7,144.68) to fund the Essex County Summer Camp Program. These funds will be deposited into the Police
Department Essex County Summer Camp Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#361 – DONATION FROM THE FRIENDS OF FOREST RIVER PARK FOR A NEW PLAYGROUND
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation from the Friends of Forest River Park in the amount of Five Thousand Dollars ($5,000.00) to fund the purchase of a new playground at Forest River Park. These funds will be deposited into the Recreation Department Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#362 – DONATION FROM BARTLETT & STEADMAN FOR A NEW PLAYGROUND
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation from Ken Steadman of Bartlett and Steadman Development Corp. in the amount of Five Thousand Dollars ($5,000.00) to fund the purchase of a new playground at Dibiasi Park. These funds will be deposited into the Recreation Department Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#363 – DONATION FROM CITY OF PEABODY FOR ESSEX COUNTY SUMMER CAMP PROGRAM
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation from the City of Peabody in the amount of Three Thousand Five Hundred Dollars ($3,500.00) to fund the Essex County Summer Camp Program. These funds will be deposited into the Police Department Essex County Summer Camp Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#364 – MEMORANDUM OF UNDERSTANDING (MOU) FOR CONSTRUCTION OF NEW WATER TOWER OFF HIGHLAND AVENUE
The following Order recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
ORDERED: The Mayor is hereby authorized to enter into a Memorandum of Understanding by and among Lowe’s Home Centers, Inc., Wal-Mart Real Estate Business Trust, Kennedy Development Group, Inc. and the City of Salem relative to a land swap for the construction of a
water tower off Highland Avenue and as shown on the plan entitled “Land Swap Plan” prepared by Tetra Tech Rizzo, dated 5/11/09 and filed in the office of the City Clerk.
#365 – ORDINANCE TRAFFIC SPECIAL SPEED REGULATIONS, SWAMPSCOTT ROAD
Councillor Pelletier introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and nine
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 88, Special Speed Regulations
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Swampscott Road in its entirety from Highland Avenue to the Swampscott line, a distance of 1.1 miles, both directions 30 miles per hour. “Special Speed Regulations”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#366 – YEAR TO DATE BUDGET REPORT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated May 31, 2009, be received and placed on file.
Councillor O’Keefe assumed the Chair.
#367 – CITY COUNCIL MEETINGS FOR JULY AND AUGUST
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the regular meetings of the City Council, for the months of July and August be combined and held on Thursday, July 16th, 2009.
#368 – UNREGISTERED VEHICLES
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: To amend an Ordinance, Chapter 24 Section 21, Unregistered Vehicles, that the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss the problem of unregistered vehicles throughout the City of Salem and to review the current ordinance with a view toward amending the ordinance for the purpose of more effective enforcement.
Invited: the Police Department (CIU officers), Building Inspector, Fire Prevention, Mayor or representative.
Councillor Prevey resumed the Chair.
#369 – NOISE ORDINANCE
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the matter of the City’s Noise Ordinance be sent to the Committee on Ordinances, Licenses and Legal Affairs for their review specifically how it pertains to the B-5 District. The following to be invited, Police Chief or his designee, interested downtown neighbors (Downtown Neighborhood Group), a representative from the Mayor’s office and the City Solicitor.
Councillor Ryan recused himself and left the chamber due to conflict of interest.
#370 – (#325) HOME RULE PETITION FOR GREEN LAND CAFÉ
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O’Keefe, McCarthy, Lovely and Furey were recorded as voting in the affirmative. Councillors Pinto and Prevey were recorded as voting in the negative. Councillor Ryan was recorded as absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of a Home Rule Petition for Green Land Café, has considered said matter and would recommend that it be granted.
Councillor Ryan returned to the Chamber.
#371 – (#242) USE OF ALCOHOL ON THE SALEM COMMON
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of use of alcohol on the Salem Common, has considered said matter and would recommend that the matter remain in Committee.
#372 – (#348 - #349) GRANTING LICENSES
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses, has considered said matter and would recommend approval.
TAG DAY Salem Veterans Council, July 2, 3, & 4th, 2009
Salem/Swampscott Youth Hockey, November 14, 2009
#372 – (#352, #353, #415) TAXI OPERATOR HEARING REQUEST
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a Taxi Operator Hearing for Robert Mezakowski, has considered said matter and would recommend that the Committee hold an executive session on Mr. Mezakowski taxi operator denial at the June 25, 2009 Committee meeting.
#374 – (#272) ORDINANCE FOR “OFFAL PERMITS”
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of creating an Ordinance for “Offal Permits”, has considered said matter and would recommend that the matter remain in Committee to allow the Solicitor and Health Agent to further research the issue and advise the Committee of their findings and recommendations.
#375 – TRAFFIC ORDINANCE FOR VALLEY STREET STOP SIGN
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a Traffic Ordinance for a Stop Sign on Valley Street, has considered said matter and would recommend that the Council extend the stop sign for an additional ninety (90) day trial period.
#376 – #376A - TRAFFIC ORDINANCE FOR PARLEE STREET STOP SIGN
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a Traffic Ordinance for a Stop Sign on Parlee Street, has considered said matter and would recommend that the attached ordinance be adopted for first passage.
In the year two thousand and nine
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 49, Obedience to Isolated Stop Sign
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Parlee Street at the intersection with Valley Street, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#377 – (#268) POLICE DEPARTMENT FY08 INVOICES
Councillor Veno offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of paying $2,100.00 of outstanding Fiscal Year 2008 Police Department invoices from the Fiscal Year 2009 Police Budget, has considered said matter and would recommend approval.
Councillors Sosnowski and Prevey were recorded as opposed.
#378 – (#327) APPROPRIATION TO ENGINEERING - ELECTRICITY
Councillor Veno offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of an appropriation in the amount of $70,000.00 from the “Retained Earnings – Water Fund” account to the “Engineering – Electricity” account, has considered said matter and would recommend approval.
#379 – (#315) APPROPRIATION TO ENGINEERING – SEWER IMPROVEMENT
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of an appropriation in the amount of $50,000.00 from the “Retained Earnings – Sewer Fund” account to the “Engineering – Sewer Improvement” account, has considered said matter and would recommend approval.
#380 – (#326) APPROPRIATION TO ENGINEERING – WATER SYSTEM IMPROVEMENT
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of an appropriation in the amount of $415,000.00 from the “Retained Earnings – Water Fund” account to
the “Engineering – Water System Improvement” account, has considered said matter and would recommend approval.
#381 – POLE RELOCATION ON DALTON PARKWAY
A hearing was ordered on June 25, 2009 on the petition from National Grid to relocate a pole on Dalton Parkway.
#382 – ARMY CORP. OF ENGINEERS REGARDING FLOODING
A request from the Department of the Army, NE District, Corps of Engineers to meet with City Council on July 22, 2009 regarding flooding issues was adopted.
#383 – #384 BLOCK PARTIES
The following request from the residents for block parties were granted:
Osgood Park (Hemenway Road) July 4, 2009 from 9:00 A.M. – 5:00 P.M. with a rain date of July 5, 2009
Shore Avenue, July 4, 2009 from 1:00 P.M. – 10:00 P.M.
#385 – LICENSE APPLICATION
The following license application was referred to the Committee on Ordinances, Licenses and Legal Affairs
PUBLIC GUIDE Brian Serfes, addressStreetaddressStreet5 Prince St., CitySalem
#386 - #388 LICENSE APPLICATIONS
The following licenses applications were granted:
LIMOUSINE Ozoria Car Service, 33 Park St., CitySalem (1)
Munoz Car Service, 46 Peabody St., CitySalem (1)
TAXI OPERATORS Starling Toribio, 17 Bennett St., CityBeverly
Reynaldo Diaz, 34 Prince St., CitySalem
Marianela Moya, 16 Crowninshield St., CityPeabody
VEHICLE FOR HIRE David Butler, 16 Hunt St., CityDanvers
OPERATORS ONLY Eric Fraize, 41 Federal St., CitySalem
Garry Preston, 40 Jones Ave. #1-1, CityChelsea
Ralph Caruso, 17 ½ Ayer St., CityPeabody
Deedra Campbell, 8 Bates Park, Beverly
#389 – LICENSE APPLICATIONS DENIED
The following license applications were denied:
TAXI OPERATOR Carlos Santiago, 693A Parker St., CityBoston
Milton Zapata, 10 Friend St., CityLynn
#390 – DRAINLAYER / CONTRACT OPERATOR LICENSE
The following Drainlayer / Contract Operator license application was granted.
V. Locke Contracting, addressStreet25 CityHayward St. Rear, CityplaceBraintree
#391 - CLAIM
The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs:
Diane Lewis (for daughter Katelyn), 251 Jefferson Ave., CitySalem
#392 - BOND
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved:
DRAINLAYER: V. Locke Contracting, addressStreet25 CityHayward St. Rear, placeCityBraintree
(#332) - SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, PARKING LIMITED TIME, COMMERCIAL STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Sec. 57A , Parking Limited Time, Commercial Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Ryan the meeting adjourned at 10:05 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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