January 24, 2012 Minutes

City of Haverhill
City Council Minutes
Tuesday, January 24, 2012 
City Council Chambers


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


Weekly Meetings
7:00 PM

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

Present - President Michitson, Councillors Scatamacchia, Hart, Ryan, Amirian, McGonagle, and Daly O’Brien

Absent – Councillors Macek and LePage

City Clerk – Margaret A. Toomey

1. Approval of Records of the Previous Meeting

Minutes were approved for January 10 and January 17.

2. Assignment of the minutes review for the next Meeting

Councillor Ryan was appointed to read the records.

3. Communications from the Mayor

No Schedule

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

No Schedule

5. Appointments

5.1 Confirming Appointments:

Ronald LaPlume, 109 Lawrence Street, to the Board of Appeals. Effective immediately,
to expire January 24, 2012. GRANTED Yeas 7, Nays 0, Absent 2 1-N

5.2 Non-Confirming Appointments:

No Schedule

6. Petitions

Applications for Drainlayer Licenses Renewals 2012:
Richard Peters 2-F
John C Jablonski 2-G
GRANTED Yeas 7, Nays 0, Absent 2 

6.1 Applications for Hawker/Peddler Renewals 2012

6.1.1 Paul Aliano, III, going door-to-door throughout Haverhill contacting former Comcast customers regarding signing up again for Comcast Cable Services GRANTED Yeas 7, Nays 0, Absent 2 and 9-C


6.2 Applications for Coin-Ops 2012:

6.2.1 Renewals

Papa Ginos, 782 River st, 1 Coin Op GRANTED Yeas 7, Nays 0, Absent 2 6-F

6.2.2 NEW

The Other Place, 119 Cedar st, 1 Pool Table 6-G
The Other Place, 119 Cedar st, 1 Coin Op 6-H GRANTED Yeas 7, Nays 0, Absent 2

6.3 Applications for Sunday License 2012:

6.3.1 Renewals

Papa Ginos, 1 Coin Op GRANTED Yeas 7, Nays 0, Absent 2 7-F

6.3.2 New

The Other Place, 1 Coin Op GRANTED Yeas 7, Nays 0, Absent 2 7-G

Applications for Tag Day Licenses 2012

HHS Ski Team, February 4 & 5th 8-I 
Haverhill High Boy’s/Girl’s Indoor Track, February 17 & 18th 8-J 
HHS Classical Academy, March 30, 31st & April 1st 8-K 
Haverhill High Key Club, April 6, 7 & 8th 8-L 
HHS Outdoor Track, April 20 & 21st 8-M
VFW Post #29, May 25 & 26th 8-N
Haverhill Lion’s Club, June 2nd 8-0 
Haverhill Veteran’s Council, June 8, 9 & 10th 8-P
Riverbandit’s Baseball, June 22, 23 & 24th 8-Q 
AMVETS Post 147, August 3 & 4th 8-R 
American Legion Post #4, August 10, 11 & 12th 8-S 
AMVETS Ladies Auxiliary, August 17 & 18th 8-T
HHS Cheerleaders, September 8 & 9th 8-U
Marine Corps League, September 27, 28 & 29th 8-V 
HHS Boy’s & Girl’s Cross Country, October 12, 13 & 14th 8-W 
Nettle School Cheerleaders , October 20th 8-X 
HS Boy’s & Girl’s Swim & Diving, December 7, 8 & 9th 8-Y
GRANTED Yeas 7, Nays 0, Absent 2

6.4 Petition was received from Stephen Defeo/Bradford Unlimited Corp requesting a Special Permit for a Cluster Residential Development & Application for Waiver of Affordable Housing Component off Rosemont st; Assessor’s Map 636, Block 1, Lot 10 & a portion of Map 651, Block 610, Lot 18 

Petition was received from Brett Berube requesting to open 45 Crawford st to repair the broken sewer line.

ORDERED: That the City Council approve the request of Brett Berube to Excavate on Crawford Street at #45 for the purpose of repairing a sewer service. Crawford Street has been rebuilt within the last 5 years and in accordance with the Chapter 222, Section 11, Notice to abutters; restrictions on future paving of the 1981 Municipal Ordinances. Council approval is necessary. GRANTED Yeas 7, Nays 0, Absent 2 19-B

6.5 Petition from Marie Shepard requesting City/North Shore Home Consortium release and remove the Affordable Housing Restrictions as recorded at the Essex South Registry of Deeds for her condo Unit 107 at 70 Washington st; Book 26415, Page 153 and Book 26864, Page 564

On motion of Councillor Hart to postpone one week to ask City Solicitor about Council’s ability to grant request to remove condominium from affordable housing restriction. POSTPONED TO JAN 31, 2012 Yeas 7, Nays 0, Absent 2 20

7. Communications and Reports from City Officers and Employees

Communication was received from Councillor Scatamacchia requesting to discuss utility pole placement on the Route 125 reconstruction project.

On motion of Councillor Scatamacchia to request a letter from Verizon stating that utility poles will be removed from sidewalk area at the corner of Kingsbury Ave & So. Main St. when construction is completed and to seek City Solicitor’s assistance with this.Yeas 7, Nays 0, Absent 2 12-H

Communication was received from Councillor Hart requesting a discussion regarding removal of a handicap parking space at 35 Oak Terrace REFERRED TO PLANNING Yeas 7, Nays 0, Absent 2 12-I

8. Hearing(s) and related Order(s)

Document 116/2011 - An application was received from D. Palmer Lewis Jr for a Special Permit to build within 500’ of a water supply, Lake Pentucket – a garage at 14 Quimby St. Comment sheets from departments.
Before the hearing Councillor Hart made a statement that there was no conflict of interest, based on the City Solicitor’s opinion, because three Councillors use him as a dentist - Councillor Hart, Councillor Daly O’Brien and Councillor Amirian’s wife. They have to make this disclosure because they have a medical relationship with the applicant. The Councillors completed a disclosure form and gave it to the City Clerk prior to the opening of the hearing. A hearing was held with D. Palmer Lewis appearing in favor and no one in opposition, the hearing was closed.

9. Unfinished Business of preceding Meetings

No Schedule

10. Motions, Orders and Resolutions

Election Warrant 

That Presidential Primaries be held in the several wards in the City on Tuesday, The Sixth Day 
of March 2012; the polls to open at seven o’clock in the forenoon and to close at eight o’clock in the evening, and to be held in accordance with the provisions of Chapter 53 of the General Laws and amendments thereto.

The voters are requested to meet at their respective ward rooms on the above date and bring in their votes to elect for their respective parties Presidential Preference for this Commonwealth, State Committee Man for the First Essex Senatorial District, State Committee Woman for the First Essex Senatorial District and Members of the Ward Committees for the City of Haverhill, and be it further

That notice of the above meeting shall be posted on the Municipal Bulletin Board and in the City Clerk’s office.
PASSED Yeas 7, Nays 0, Absent 2 17-B

MUNICIPAL ORDINANCE CHAPTER 240 An ordinance relating to Parking 123 Cedar Street – Delete 1 Handicap Parking Space (see document for complete text) PLACED ON FILE for at least 10 days 21 

MUNICIPAL ORDINANCE CHAPTER 240 An ordinance relating to Parking Beach Street – Add Service Zone
(see document for complete text) PLACED ON FILE for at least 10 days 22

MUNICIPAL ORDINANCE CHAPTER 240 An ordinance relating to Parking 11 Mt. Vernon Street – Delete 1 Handicap Parking Space (see document for complete text) PLACED ON FILE for at least 10 days 21-B

On motion of Councillor McGonagle to suspend the rules for a proclamation. PASSED Yeas 7, Nays 0, Absent 2

P R O C L A M A T I O N * CATHOLIC SCHOOLS WEEK IN HAVERHILL (see document for complete text)
ADOPTED Yeas 7, Nays 0, Absent 2 23

Meeting adjourned at 7:30 o’clock P.M. Yeas7, Nays 0, Absent 2 

Margaret A Toomey
City Clerk

* Document 22 – Proclamation for Catholic Schools Week in Haverhill