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20221205 City Council Meeting Minutes City of Beverly Regular City Council Meeting Public Meeting Minutes Monday, December 5, 2022, 6:30pm City Council Chambers, 191 Cabot St. Julie Flowers, City Council President, called the meeting to order at 6:30pm. City Clerk, Lisa Kent,took attendance by roll call. Members Present: Hannah Bowen, Steven Crowley, Kathleen Feldman, Scott Houseman(arrived at 6:40pm), Estelle Rand, Todd Rotondo,Matthew St. Hilaire, Brendan Sweeney, Julie Flowers Members Absent:None St. Hilaire led the pledge of allegiance. Moment of Silence A moment of silence was held for Robert Michel who recently passed away. He was a teacher, coach and administrator for over 50 years in the Beverly Public Schools and Landmark. Comments by Citizens Paul Willenbrock, 5AClifford Ave., stated that the City of Beverly should put more thought into the idea of reducing taxes for older citizens. Willenbrock spoke of an 88 year old friend who may not be able to stay in his home. Willenbrock praised the program where seniors can work 70 hours for the City to get money off the tax bill and asked that the City consider expanding it. Willenbrock also spoke about the importance of filling Abu Toppin's position [Diversity, Equity and Inclusion Director]. Houseman arrived at 6:40pm. Acceptance of Minutes of Previous Meeting Public Services/Committee of the Whole Meeting, April 26, 2022 Regular City Council Meeting,November 21, 2022 Legal Affairs/Committee of the Whole,November 28, 2022 A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Communications from His Honor the Mayor Order#296-Grant-$10,000 Telecommunicator Emergency Response Taskforce Program grant from Executive Office of Public Safety and Security State 911 Department Referred to Committee on Finance and Property. Order#297-Earmark-$100,000 from the Mass Department of Public Health for more testing, monitoring and analysis of the environmental cleanup efforts for the Varian site Referred to Committee on Finance and Property. Order#298-Appointment-Mr. Dylan Lukitsch, Economic Planner to serve as the Planning Department representative on the Design Review Board Referred to Committee on Legal Affairs. Order#299-Reappointments-Ellen Hutchinson and Andrea Toulouse to serve on the Beverly Planning Board Referred to Committee on Legal Affairs. Order#300-Reappointment-Mr. Jeffrey M. Schlichte to serve on the Beverly Airport Commission Referred to Committee on Public Services. Order#301-Reappointments-Jan J. Jeffgood, Henry R. Pizzo III and Justin Repp to serve on the Beverly Parks and Recreation Commission Referred to Committee on Public Services. Order#302-Reappointment-Mr. Paul Earl to serve on the Beverly Harbor Management Authority Referred to Committee on Public Services. Communications from other City Officers and Boards Order#303-PERAC-A letter regarding the Required Fiscal Year 2024 Appropriations to the Beverly Retirement Board A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(9-0). Order#304-Assistant City Solicitor Oldmixon-Updating Order 4014 of 2003 designation of special municipal employees Referred to Committee on Legal Affairs. Order 4268A-Councilor Rand and Councilor Houseman-A request that the N-192 Replacement Project Citizens Advisory Committee be removed from Open Meeting Law requirements and the intended function of Condition 10 of the Grant of Location Referred to Committee on Legal Affairs. Order#305-City Clerk-An Application for Ultimate Auto Sales LLC at 15 River Street for a Second Hand Motor Class 2 Dealers License. This is a location change for a business that has been previously at 42 Park Street Referred to Committee on Legal Affairs. Order 9306-City Clerk-A renewal application for a Lodging House License for 68 Dane Street LLC/dba Grey Croft Inn, located at 68 Dane Street Referred to Committee on Legal Affairs. Order#307-City Clerk-A new application for a Lodging House License for Sullivan Capital LLC located at 68 Dane Street Referred to Committee on Legal Affairs Beverly City Council Meeting Minutes—December S,2022 page 2 of 16 Communications, Application and Petitions Order#308-Department of Public Utilities-Notice of filing and request for comments A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried (9-0). Order#309-National Grid-A Petition for Plan#30693308-Longmeadow Road to install conduits Referred to Committee on Public Services to set a public hearing. A motion for a recess was made and seconded. A vote was taken, and the motion carried (9-0). The meeting was recessed at 6:50pm. The meeting was called back to order at 6:52pm. A motion to break for committee work was made and seconded. A vote was taken, and the motion carried (9-0). The meeting was recessed at 6:53pm. The meeting was called back to order at 7:16pm. Reports of Committees Public Services Order#309-National Grid-A Petition for Plan#30693308-Longmeadow Road to install conduits A motion to set the public hearing for 7:45pm on December 20 was made and seconded. A vote was taken, and the motion carried(9-0). Legal Affairs Order#268-Councilor Houseman and Councilor Rand-Citizen Advisory Committee for National Grid Cable Transmission Project A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#268A-Councilor Rand and Councilor Houseman-A request that the N-192 Replacement Project Citizens Advisory Committee be removed from Open Meeting Law requirements and the intended function of Condition 10 of the Grant of Location A motion to receive and place on file was made and seconded. A vote was taken, and the motion carried(9-0). Order#270-Appointment-Director of Municipal Inspections-Mr. James Butler A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#305-City Clerk-An Application for Ultimate Auto Sales LLC at 15 River Street for a Second Hand Motor Class 2 Dealers License. This is a location change for a business that has been previously at 42 Park Street A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Order#306-City Clerk-A renewal application for a Lodging House License for 68 Dane Street LLC/dba Grey Croft Inn, located at 68 Dane Street A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#307-City Clerk-A new application for a Lodging House License for Sullivan Capital LLC located at 68 Dane Street Beverly City Council Meeting Minutes—December S,2022 page 3 of 16 Rand noted the conditions that the new owners show a deed and letter from the current owner Bill Henney withdrawing his license. A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Finance and Property Order#296-Grant-$10,000 Telecommunicator Emergency Response Taskforce Program grant from Executive Office of Public Safety and Security State 911 Department A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Order#297-Earmark-$100,000 from the Mass Department of Public Health for more testing, monitoring and analysis of the environmental cleanup efforts for the Varian site A motion to approve was made and seconded. A vote was taken, and the motion carried (9-0). Motions and Orders Order#265-A request to create a naming policy for municipal property for the City of Beverly A motion to approve the final passage was made and seconded. A vote was taken, and the motion carried(9-0). Public Hearings Order#271-7:30PM-relative to the transfer of$150,000 from the City Reserve for Unforeseen account to cover the remaining match requirement for the awarded grant of$800,000 from the Massachusetts Seaport Economic Council. The City intends to use this grant funding to purchase the parcel at 2-4 Cabot Street through a friendly eminent domain. Flowers opened the public hearing. St. Hilaire asked about future costs of the property for improvements and maintenance. Ayles stated that in total this creates about one million dollars in available funds and resources, and of that about three-quarters of it will go to the direct purchase of the parcel. The rest will be the start to any improvements. Ayles stated he did not expect additional costs to be more than a couple hundred thousand dollars. Rand asked what the land will be considered in terms of zoning once the city owns the property and if it will be restricted as recreational or open space. Ayles stated it would just be municipal land once the sale is complete. Williams stated it would be acquired as general corporate property and will be in the zoning it is currently in. Williams stated she has not heard of any plans of dedicating it under Article 97. The primary purpose is to increase available parking and increase access to the waterfront. Cahill stated the goal here is to create more parking. There is also the land on which the pier sat, so waterfront access for the public for boat slips is also a part of this. In terms of finances, the City has applied for the next round of funds with the same grant source, the Seaport Economic Council, to help with what may remain at the site. We will know more about that in the next couple months. Feldman asked about the timeline of the purchase. Beverly City Council Meeting Minutes—December 5,2022 page 4 of 16 Williams stated that if the Council votes to approve it tonight, it's effective tonight. It has to be perfected within 30 days by filing at the Registry of Deeds and paying the owner within 60 days, but the expectation is to do it more quickly than that. Bowen asked about depleting the reserve for unforeseen. Ayles and Perry both expressed comfort with this transfer because the reserve for unforeseen will be replenished upon free cash certification and there are not any time-sensitive issues. Houseman returned to the conversation about open space and use of the parcel and asked Mayor Cahill if the administration is committed to a plan for open space use for the property most adjacent to the water in addition to the use of the parcel for parking. Cahill stated the Chapter 91 license has already been secured. There will be the opportunity to create more for members of the public there. Rand stated she would like to see consideration for how impervious surfaces act since some of the area will be used for parking. A motion to recess Order#271 by one minute so the next public hearing could be opened was made and seconded. A vote was taken, and the motion carried (9-0). Order 9293-7:45PM-relative to the allocation of Fiscal Year 2023 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions Kent read the order. A motion to recess Order#293 to 7:50pm was made and seconded. A vote was taken, and the motion carried (9-0). Order#271-7:30PM-Transfer of$150,000 from the City Reserve for Unforeseen account to cover the remaining match requirement for the awarded grant of$800,000 from the Massachusetts Seaport Economic Council The public hearing was reopened then closed with no members of the public wishing to speak. A motion to approve Order#271 on the floor was made and seconded. A vote was taken, and the motion carried(9-0). Order#293-7:45PM/7:50PM-relative to the allocation of Fiscal Year 2023 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions Caron gave an overview, stating that single family home values went up on average about 11%, condos went up a little less than 8%, two and three family homes were up 10%2 % and commercial/industrial went up 8%2 %. There was $562,000 more new growth than projected. For homes, these are just averages based on sale prices. Rand asked if the fact that some houses in Beverly going above asking price to a cash bidder is taken into effect. Caron stated that this process only looks at the actual sale price unless there is a sale that is Beverly City Council Nfeeting Minutes—December 5,2022 page 5 of 16 unusually low for some reason. Typically any estate sales are disqualified automatically. A motion to recess Order#293 to 8:15pm was made and seconded. A vote was taken, and the motion carried (9-0). Order#284-8:OOPM-National Grid-Plan#30554593-Ober Street-Petition to install beginning at a point approximately 185 feet southeast of the centerline of the intersection of Elm Top Lane and continuing approximately 40 feet in an east direction a total of 40ft 2-3 inch conduit from MH#778-2 to HH#713 on customer's property Sibhita Mahabier, representative from National Grid, was available for any questions. A motion to approve Order#284 on the floor was made and seconded. A vote was taken, and the motion carried (9-0). A motion for a brief recess was made and seconded. A vote was taken, and the motion carried (9- 0). The meeting recessed at 8:06pm. The meeting was called back to order at 8:1 Opm. A motion to reconsider the vote on Order#284 due to some of the supporting information being mixed up with Order#285 was made and seconded. A vote was taken, and the motion carried (9- 0). Order#285-8:10 PM-National Grid-Plan WR#3 063914 1-Odell Ave-Petition to install beginning at a point approximately 220 feet southwest of the centerline of the intersection of Whitney Ave and Odell Ave and continuing approximately 20 feet in a north direction and install 35ft pole across from 41 Odell Ave A motion to recess Order#285 by one minute was made and seconded. A vote was taken, and the motion carried (9-0). Order#293-7:45PM/8:15PM-relative to the allocation of Fiscal Year 2023 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions A motion to recess Order 4293 to 8:25pm was made and seconded. A vote was taken, and the motion carried (9-0). Order#285-8:10 PM-National Grid-Plan WR#3063914 1-Odell Ave-Petition to install beginning at a point approximately 220 feet southwest of the centerline of the intersection of Whitney Ave and Odell Ave and continuing approximately 20 feet in a north direction and install 35ft pole across from 41 Odell Ave Mindy D'Ippolito, 20 Odell Avenue, asked if it is a new utility pole and if it will not interfere with the trees that were planted recently. Mahabier stated there should be a stake marking the location. If new trees were added recently then National Grid may look and stake it again if it needs to be moved away from the trees. The public hearing was closed. A motion to approve Order#284 was made and seconded. A vote was taken, and the motion carried (9-0). A motion to approve Order#285 was made and seconded. A vote was taken, and the motion carried(9-0). Beverly City Council Meeting Minutes—December S,2022 page 6 of 16 Order#287-8:20 PM-National Grid- Diana Cuddy-Petition to install approximately 8,050 feet of 12 inch, 60 psig plastic gas main on Hale St, extending from the existing stub near Cabot to the Regulator Station at Boyles Street Diana Cuddy, representative from National Grid, was available for questions. Houseman stated he would like to leave the public hearing open for more information to be presented to the Council on the overall impact of all the National Grid installations on the condition of city streets. Hale Street is in perfect condition and only a couple years old, and this will run the entire length of it. Even when National Grid repaves or resurfaces after installation, the road is never as good as it was. Houseman stated he wanted to use this as a way to take a big picture look at the impact on streets. A motion to recess Order#287 by one minute was made and seconded. A vote was taken, and the motion carried(9-0). Order#293-7:45PM/8:25PM-relative to the allocation of Fiscal Year 2023 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions A motion to recess Order#293 to 9:00pm was made and seconded. A vote was taken, and the motion carried (9-0). Order 9287-8:20 PM-National Grid-Petition to install approximately 8,050 feet of 12 inch, 60 psig plastic gas main on Hale St, extending from the existing stub near Cabot to the Regulator Station at Boyles Street Sweeney asked how long it would be expected to take to complete the work if this is approved. Diana Cuddy, representative from National Grid, stated it would take between 6-8 months to complete but it would be for, not the upcoming construction season, but the following one. Peter Patuto, 215 Hale St., expressed his concern about how long it will take. The road was just recently resurfaced. Patuto stated his concerns are that the road will be torn up for a long time and about the impact on Hale Street of having this work done as well as the other National Grid project. Houseman stated that at the end of the day the Council may not have the ability to deny this request but we share the concern. A motion to recess Order#287 to December 20 at 8:00pm was made and seconded. A vote was taken, and the motion carried(9-0). A motion for a brief recess for the Planning Board members to join the meeting was made and seconded. A vote was taken, and the motion carried(9-0). The joint City Council and Planning Board public hearing was called to order by President Flowers and Planning Board Chair Ellen Hutchinson. Planning Board members present: Ellen Hutchinson, Derek Beckwith, Sarah Bartley, Ellen Flannery, George Gomes, Wayne Miller, Andrea Toulouse, Rodney Sinclaire Order#279-8:30 PM-Joint Public Hearing with Beverly Planning Board relative to a proposed Zoning Ordinance Amendment, affecting various sections, which includes: eliminating the"Tali Building Overlay District" and reference to the associated 2007 Design Guidelines; creating a Beverly City Council Meeting Minutes—December 5,2022 page 7 of 16 new CC2 subdistrict along Cabot Street; reducing the maximum height of buildings to 45 feet in the new CC2 subdistrict and in the RHD District between Cabot Street and Rantoul Street; and in Article XV, Affordable Housing, lowering the threshold from 6 to 4 units and requiring 12% of new residential units be affordable to households earning less than 60% of Area Median Income Darlene Wynne gave a presentation on the proposed zoning amendments. Wynne spoke about the master plan process and the goals that these amendments would help meet. Currently in the tali building overlay district, someone could get a special permit to design a building up to 75 feet tall with conditions. The first part of these amendments would be to eliminate that height overlay district and remove all references to it. There are 36 parcels currently in the height overlay. Ten of those parcels have been redeveloped in recent years or recently permitted; three of those parcels used the height overlay, and five buildings are likely already at or near height/capacity limits so they would not be able to take advantage of it anyway. The remaining parcels are generally smaller and may not even have the site capacity unless they were combined. This would remove the ability for anyone to build above 55 feet in that district. Wynne stated the second part of these proposed changes is to reduce the maximum allowed height along Cabot Street. The proposed amendment is to create a new Central Business Cabot (CC2) subdistrict to distinguish between the Rantoul Street corridor and the Cabot Street corridor. This would be multiple parcels deep in some areas. In the new CC2 district,the maximum height would be 45 feet, with no more than four stories, except for where it is 35 feet. This would affect approximately 102 parcels that would change from CC to CC2 and go from a height maximum of 55 feet to 45 feet. It would lower the size of buildings and limit potential housing creation in that subdistrict. Wynne stated that a subset of height reduction is to also reduce the maximum height in the RHD district between Cabot and Rantoul, which runs between Elliott Street and School Street. The present height maximum is 55 feet, and the proposal is reducing the maximum height allowed to 40 feet. This would impact 405 parcels in the district. 40 feet is thought to be a reasonable height for types of uses in the RHD. Some existing parcels may become pre-existing non-conforming, and this may prevent large buildings from being constructed in this area. Wynne described the third category of changes, which has to do with amending the inclusionary housing ordinance. Currently, a project with six or more units is required to provide affordable (or inclusionary) housing units. There currently are three ways for those to be provided as well as a method for those to be provided offsite with a special permit. This proposed change would change six units to four units and would only have one option("No less than 12% of dwelling units shall be affordable to a household with income at or below 60% of the area median income") and removing the off-site units option, so units must be provided within the project. The possible impacts are that the required affordable units will be at a lower rent, which may increase market rate rents as a consequence, may limit total number of units created in the city and will provide fewer options for developers. The City's affordable percentage will stay over 10% of the total housing stock. Wynne stated her office is working on compliance with the MBTA Communities Act. Regardless of whether this is changed or not, the City will have to demonstrate the economic feasibility of its inclusionary housing requirements. Compliance is still under assessment. Flowers stated that this will go to the Planning Board for their December 13th meeting then hopefully come back to the Council for the meeting on December 20th. Beverly City Council Meeting Minutes—December S,2022 page 8 of 16 Rand spoke in support of these changes. This move is still focusing on meeting housing needs within Wards 2 and 3. Rand encouraged thinking about housing in other wards, like accessory dwelling units in other parts of the City and thinking beyond dense development in Wards 2 and 3 at this time. Rand asked about any cons to changing the inclusionary zoning and if there is a process to assess the potential for decreased housing production. Wynne stated there are multiple factors that could influence development, so it would be hard to pinpoint on just one thing. The economic feasibility analysis that the state may be requiring for the MBTA communities requirement may help define how that can be assessed. St. Hilaire stated he is glad to see the reducing heights and asked what the specific policy goals are here. St. Hilaire asked what the goal is for the next ten years and what would trigger additional resources for population growth for schools,police, fire.roads and sidewalks. St. Hilaire asked why this is better than three [stories] across the board. St. Hilaire stated that he would prefer to limit as much as possible. St. Hilaire spoke about the future of transit oriented development and stated that transit ridership is still way down and a lot of what this is being pinned on is a rebound and the future of transit. St. Hilaire stated this is better than what the City has today but he is still trying to understand questions around vision here. A motion to recess the current public hearing on Order#279 to 9:O1pm was made and seconded. A vote was taken, and the motion carried unanimously. Order#293-7:45PM/9:OOPM-relative to the allocation of Fiscal Year 2023 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space,residential and small business exemptions A motion to recess Order 4293 to 9:30pm was made and seconded. A vote was taken, and the motion carried(9-0). The public hearing on Order#279 was reopened. Wynne returned to Councilor St. Hilaire's questions and stated that some of this is based on discussions and comments that were heard during reviews of other projects and is primarily underpinned by master plan strategies and policy discussions. This was in response to concerns about Cabot Street and maintaining a character and scale different from Rantoul Street, while also respecting that we do have a significant housing supply issue in the state that we are a part of solving. We are not the only community that needs to solve that, but our administration has been very proactive. Wynne stated she cannot speak for public services but the City does have a robust plan for improving roads every year. That is also why we primarily have focused so much on transit oriented development-not only because it's transit adjacent, but it shares a priority of developing where infrastructure already exists. Feldman asked to confirm that the tall building overlay changes are just in Ward 2 and 3 and echoed Rand's sentiments about supporting the distribution of the housing burden more equally throughout the City and more commuter rail stops. Feldman expressed support for accessory dwelling units. Residents in Ward 5 are looking for those changes to come into effect. Wynne confirmed these two districts (CC and RHD) only exist in the downtown area. Rotondo asked about projects that have come in front of the Planning Board since these changes have been discussed. Even if we pass some sort of a height restriction, it doesn't negate the fact that developers may have filed a plan before this gets through, which could freeze the zoning. Beverly City Council Meeting Minutes—December S,2022 page 9 of 16 Wynne stated there are four projects that the Planning Board has reviewed this fall,three of which have been approved and one is still under review. These amendments do not change anything that is already in the pipeline. There are five preliminary subdivision plans that have been submitted up until this point; a couple of them relate to projects that have already been reviewed and approved and two would be brand new. One of them involves 19 parcels. If someone files a preliminary subdivision plan, the Planning Board would review that and provide feedback,then within seven months, the applicant has to provide a definitive subdivision plan. At that point, if the definitive subdivision plan is approved then they have a zoning freeze. They don't even have to be built; it is a tool that can be used to freeze the zoning. Sweeney stated that he appreciates this and the nuance to it. Sweeney asked if any temporary action could be taken like a moratorium. Williams stated that in general, the way the law is set up, it does allow developers and owners of property to freeze zoning with respect to their land if there was an approved plan or granted permit that is the type that freezes the zoning. It is unlikely the City Council could do anything to prevent that from going forward. Generally, one could argue that the zoning could be frozen even possibly with a moratorium. Houseman stated that his goal really has to do with the character of Cabot Street. Houseman addressed comments that"all housing is good housing"by stating that he is a strong supporter of affordable housing but that he does not think that all new housing is "good housing." It is a false choice to have to choose between more housing and maintaining the character along Cabot Street which is a distinct, limited area in the City. Beverly as a city has come a long way in addressing the housing problem, but it is not simply a city problem; it is a regional and commonwealth problem. Beverly is not going to solve all of that and will not probably make any appreciable dent in it if the character of Cabot Street is changed in a dramatic way. It is a false choice to say we have to choose. Houseman stated that this proposal is better than what we have but expressed concern that this does not necessarily address what he would like to see in terms of changes to the zoning to protect the pedestrian-oriented,pedestrian scale nature of Cabot Street. Houseman stated he would not want to see something like the Burnham building on Rantoul Street up on Cabot Street. Houseman stated that under zoning regulations, developers can count a certain number of public parking spaces towards their own spaces and asked if different developments are counting the same public spots. The size of the lots along Cabot Street are small enough that they would preclude development that might not be favorable,but parcels can be combined. Rand stated she appreciates the removal of the ability to have off-site inclusionary units and asked about the leaving in of the payment- in-lieu-of option. Wynne stated that payment- in-lieu-of is only eligible for ownership properties and has only been used on two projects so far. It has not been used very much since the payment increased and because people are not building condos as much. It was left because it is a reasonable means of generating income for the Affordable Housing Trust and is another way to attack the housing problem. The City has used it successfully as a way to create larger projects that are critical and provide much deeper affordability than we would maybe get with an on-site unit. Bowen made comments in anticipation of the Planning Board's comments and deliberation, not needing responses now necessarily. Bowen stated she understands that one of the goals in zoning changes going forward is to provide greater predictability and transparency and fewer one-off considerations of special permits. In this new CC2 district and perhaps the RHD district, a lot of Beverly City Council Meeting Minutes—December S,2022 page 10 of 16 the concern is around design and fitting with buildings. Bowen expressed interest in not limiting projects that could fit the neighborhood, be designed well and be a little taller and asked if there is room to leave in some special permit features with a lower threshold and some conditions under which a special permit could still be considered. Until there is a discussion about design standards citywide, it feels like boards and committees may need tools to have some discretion and leverage in those conversations. On the inclusionary zoning pieces, Bowen asked for confirmation that it is citywide and stated that she would like to hear some more and think more about the definition of affordability and what that translates to for a monthly rate for a household as well as to think about what has been shared already around housing production and diversity of housing types. Potentially limiting housing production by lowering heights downtown has to be paired with loosening rules around or encouraging housing production for other parts of the City. Wynne confirmed the inclusionary zoning change is citywide. A motion to recess the current public hearing on Order#279 to 9:31pm was made and seconded. A vote was taken, and the motion carried unanimously. Order#293-7:45PM/9:30PM-relative to the allocation of Fiscal Year 2023 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions A motion to recess Order#293 to 9:45pm was made and seconded. A vote was taken, and the motion carried (9-0). The public hearing on Order#279 was reopened. Flowers and Hutchinson moved to questions from Planning Board members. Beckwith asked about the MBTA Communities Act and if there is a target number of units that the City is looking at having to create as a result of that. Wynne stated the City is not required to create any units, only to zone so that they may be created. Wynne stated that the City is in the process of determining if it is already in compliance or not, and, if not, what would need to be done to comply. Beckwith stated one of the recurring questions about projects downtown has to do with parking, both daily and emergency snow parking. Beckwith expressed that as compelling as it sounds to lower heights, he is concerned about doing that without having a more holistic view of what is happening downtown. There is not really a firm idea of how much space is left for parking within the downtown area and within CC and CC2 for parking and units while ensuring business and resident access. Wynne stated the City is currently undertaking a supply analysis and study with a grant. That was started earlier this fall, and there is a consultant working with the City to identify the true parking demand. There was a study done in 2017, and there was excess parking supply then, but things have changed. We wanted to have an updated number on how utilized our current public parking facilities are and whether there is surplus capacity or if there is a need for additional parking and where are the opportunities that we could create additional public parking; we are hoping to have that feedback in about mid-December. Gomes asked as a follow up on the MBTA act if there is a concern that reducing the zoned capacity of downtown makes the City less likely to comply, since we do not know if we Beverly City Council Meeting Minutes—December 5,2022 page Hof 16 currently comply. Gomes asked if there was any idea when there might be more clarity from the state. Wynne stated there is the potential that these changes would have to be revisited if we don't comply and need to figure out a way to comply. The state released a compliance model about a week or two ago; it is highly complex and parcel based. Gomes expressed concern about the idea of reducing the potential for generating new housing in the City. Gomes also stated he is concerned that by increasing the inclusionary percentage and decreasing heights, then decreasing the total capacity will freeze up a lot of the construction that makes a difference in the aggregate. Sinclair asked about the impacts that were discussed during that master planning process that led to these strategies and the hope of what will be achieved. Sinclair stated that one of the things seen in development outside of downtowns is the impact it has on traffic and asked if the desired impact is to push larger-scale housing development outside of this district, then how will that traffic be mitigated in largely residential neighborhoods. Wynne stated this is really a small part of the piece of the package that is being worked on. A design standards document has been produced that would be much more specific but would have been more complex to process and not as nimble of a response. This is the part that can be put into place quickly and help to mitigate the concern of heights on Cabot Street. Wynne agreed that scale is not always character, but we were hearing concern and fear about scale, and that is what this is in response to. The hope is to move forward with other pieces of the package including the design standards, which are more of a form based code, to get the type and quality of building that people want to see. For the inclusionary piece,there is a need for deeper housing, less of a need for the 80%housing. During the master planning process, there was conversation about increasing housing by the North Beverly train station, but there was a lot of pushback. The train's frequency is half as much at that station than at Depot. We didn't want to create housing by the North Beverly train station just for people to drive to Depot station. Until there is more efficient commuter rail transportation, some of these conversations are off the table. We are exploring opportunities for improving our internal transportation to lessen the use of cars in Beverly. Miller stated that in the very big picture, we are trying to promote housing that is livable but has less impact on resources. We need to learn to live without any fossil fuel resources. Miller asked if this is moving us in that direction into a future that we can live with. A motion to recess the current public hearing on Order#279 to 9:46pm was made and seconded. A vote was taken, and the motion carried unanimously. Order#293-7:45PM/9:45PM-relative to the allocation of Fiscal Year 2023 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions A motion to recess Order#293 to 10:1 Opm was made and seconded. A vote was taken, and the motion carried (9-0). The public hearing on Order#279 was reopened. Hutchinson stated that it sounds like there is a request to look at this in more depth and asked if there is a risk or downside in postponing a decision on this matter. Hutchinson asked if the Council and Planning Board moved on this matter, if it would preclude ongoing consideration of Beverly City Council Meeting Minutes—December S,2022 page 12 of 16 the issues that other councilors have raised this evening. Wynne stated the risk would be that the change is not made and things will continue as is until the change is approved. There are other layers to the conversation. Even if this is somewhat of a placeholder, then changes that fall under design standards may be more fine-tuning. There are other layers related to parking changes and to the ADU ordinance. The entire zoning ordinance is complex, so making whole changes all at once is cumbersome. We are looking at this in pieces, understanding that you may vote to make this change and then continue to tweak as we look at the design guidelines and find that there needs to be refinement. There was some discussion on the height maximums in the CC district when the RHD or RMD is the abutting district. Hutchinson expressed concern that it would be a sharp differentiation. The hearing was opened to members of the public. Richard Tabbut, 57 Sonning Road, stated this is about the character of neighborhoods and we need to talk about the whole city, not piecemeal solutions. Tabbut stated his street and neighbors feel ignored. Lorinda Visnick, 39 Middlebury Lane, asked several questions including what the City's capacity for growth is given the current zoning,how many more single family homes could be built today, and what City plans are for infrastructure increases. Miranda Siemasko, 10 Hopkins Avenue, Ward 2 resident,made three remarks. First, changing the zoning can frequently have unintended consequences, which is a big reason to resist the urge for quick action and to look at things more carefully. It is not often both of these groups are together to consider a zoning change with as much policy ramifications as this. Second, the need for affordable housing is real. Miranda Siemasko expressed fear the changes before the Council and Planning Board now will actually result in less affordable housing. Restricting the height will restrict the density, and at the end of the day, building more housing leads to a greater supply and brings down rents. Miranda Siemasko stated she understands the fatigue factor with taller buildings. Third, as for the affordable housing changes, if the public doesn't want these larger, dense projects, one of the ways to continue to build housing is to support these smaller infill projects that don't have that density. Making the affordable housing requirement apply for projects as small as four units is an incredible disincentive for smaller infill development; the numbers quickly make that project unfeasible. Miranda Siemasko gave the example of someone who owns a three unit building and has the ability to create two more units, for a total of five units in a neighborhood that is appropriate. If they add those two units, suddenly, one of those units has to be affordable,which sounds great, but as the person trying to make those nickels add up, it becomes very difficult in terms of the initial development investment, as well as the administration of dealing with lotteries and lawyers and all the things that come with it. Miranda Siemasko stated she would argue against reducing the applicability of inclusionary housing from the six units it is today. Thad Siemasko, 10 Hopkins Avenue, Ward 2 resident, stated he is an architect locally and echoed the concerns about the four-unit minimum. A four-unit project will now just be a three- unit project. There are a lot of these scrappy young developer-types around the City that are using local contractors to do these smaller projects, and you would be handicapping them by reducing it from six units to four. Regarding tall building guidelines, Thad Siemasko stated the tall buildings on Rantoul Street had fairly large lots, which allowed for parking. Offsite parking Beverly City Council Meeting Minutes—December 5,2022 page 13 of 16 cannot be used for residential units; it is one parking spot per unit. It is unlikely that there are any more lots large enough in the tall building district now or that enough lots could be economically, feasibly aggregated to actually get to what would be needed, so the City is probably never going to see another six or seven story building downtown regardless of whether removing that district is adopted. Thad Siemasko agreed the CC2 district makes a lot of sense. There is already the requirement that the first 25 feet along the sidewalk on the first floor need to be an activated pedestrian use like retail/office use, not residential use. In the Burnham building there are 30 units that used to be an abandoned car lot. Now residents have a home there,the building has paid taxes, and people came and used the downtown and added to the vitality of the neighborhood. Yes, the neighborhood has changed, but things should be more interesting down by the Depot. A motion to recess the current public hearing on Order#279 for one minute was made and seconded. A vote was taken, and the motion carried unanimously. Order#293-7:45PM/10:I OPM-relative to the allocation of Fiscal Year 2023 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions A motion to recess Order#293 to 10:25pm was made and seconded. A vote was taken, and the i motion carried (9-0). The public hearing on Order#279 was reopened. Caroline Mason, 583 Hale Street, stated the risk of not doing something is grave. It is urgent. They came up with a plan and,though it wasn't everything that we all wanted, it certainly is better than what is. Mason stated she hoped the Council and Planning Board will think seriously about what this will achieve for the City rather than put this off debating and trying to refine the I plan. The sooner this is done, the better off the City will be. Danielle Spang, 16 Mulberry Street, stated she was speaking on an individual capacity and not on behalf of any group. Spang expressed her appreciation for the steps to have more housing at greater affordability levels. Spang suggested adopting more adaptive reuse zoning. The City does have a residential reuse of public buildings ordinance, and it currently only applies to public buildings but could be applied more broadly to other buildings outside of just City buildings. Spang highlighted that an ADU ordinance can provide a way for people to be able to stay in their houses and help them afford rising property taxes and also provide more housing at a smaller scale or in different areas and allow for artist live/work space for Montserrat alumni who might want to stay after they graduate from school. Spang expressed support for thinking through these things more holistically. Steve Moffet, 32 Eastern Avenue, stated he was able to buy his house because of a 55-foot building that allowed a resident who did not want to shovel anymore to move and then he purchased the house. Going back to a previous meeting,Moffet highlighted that the fire department's concern was more on the age of buildings rather than the height or density at the moment. Economists and housing experts have said more housing is good housing. At the last meeting, someone from Family Promise had highlighted this. Moffet stated that driving on his commute out of Beverly to work, he can see towns across the state are building, especially near railroads. Anything we can do to keep that trend moving is good. The housing shortage is kind of like climate change-we have experts telling us what we need to do, and every day that we do a Beverly City Council Meeting Minutes—December S,2022 page 14 of 16 wait and see approach, we just make the matter worse. Andrew DeFranza, 11 Webber Avenue, Harborlight Community Partners, stated Harborlight was an active backer of the MBTA communities zoning requirements. Cities like Beverly and Salem are unlikely to have a significant impact, that remains to be seen, but this should go a long way to expanding the regionality of the response to the problem and diminishing the ability of individual municipalities to bear more of the brunt and other municipalities to do nothing, which should go a long way to expand the regionality of housing solutions. Multi-family housing is an excellent opportunity to promote energy efficient buildings by using less land, mitigating sprawl and giving the ability to create energy efficient buildings. The environmental possibilities of improved multi-family housing are significant. On the affordability front, DeFranza expressed appreciation for the consideration. Making the percentage change is a significant improvement, and we are also excited about the possibility of an ADU ordinance. The Planning Board moved and seconded keeping their portion of the public hearing on Order #279 open to continue to their December 13 meeting. A Planning Board vote was taken, and the motion carried(8-0). The City Council's portion of the public hearing was closed and Order#279 was referred to the Committee on Legal Affairs. Order#293-7:45PWI0:25PM-relative to the allocation of Fiscal Year 2023 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions Rand asked about the current housing market and cash sales and asked for confirmation that really the valuation is just a reflection of supply and demand and is not a tool that can be used as a check and balance. Caron stated the guidelines issued by the Department of Revenue on how to value property primarily rely on sale prices when those are available as the indication of fair market value for that property unless there are mitigating circumstances. Bowen stated that the Council essentially sets the tax rate back in budget season when voting on the approved expenditures. When approving the budget, we are saying how much the City needs to raise to cover those expenditures, and at that time there was an expectation that the City would anticipate more than an estimated $118 million in actual tax levy. It sounds like the new growth number was certified higher than expected. It's hard to know if we are asking people for more than we really need to cover those expenditures without some of those numbers in front of us. Ayles stated the number in the budget is based on two major assumptions,the new growth figure and what's required in the overlay. Of the additional brought in for new growth this year, some will be used to reduce the taxes for the existing levy. This year, the City will only be going up 21/4% instead of the allowed 21/2%. Bowen stated it would have been helpful to see that laid out. Bowen asked about other revenues and priorities into the next budget season. Ayles stated that he does not see any potential shortfalls in revenue at this point; things are pretty much on target. We need to be realistic about what the future holds. Growth has allowed us to undertake a lot of capital projects, but we need to be mindful of what we are seeing in the Beverly City Council Meeting ALlinutes—December 5,2022 page 15 of 16 economy with interest rates and inflation. We do not want to overcommit ourselves for new growth. St. Hilaire stated one of the recommendations here is to set the shift at 1.75. It looks like the City has gradually over time increased to 1.75 which is the maximum allowed. St. Hilaire asked where this leaves us ahead. Caron stated that over the last several years we have consistently seen appreciation on the residential side of the market at a rate nowhere near what is happening on the commercial side of the market. Commercial has been impacted the last few years by the pandemic and those economic issues. What has happened is that the tax base has shifted to a higher residential percentage. Where that leaves us is that if we have a big increase in residential values next year and no corresponding increase in commercial values,part of the tax burden would shift from businesses to homeowners unless the state changes the 1.75. Caron stated that growth on the commercial side always helps the residents. Policies that encourage new growth have a long term impact for the residents. Commercial will be paying 1.75 more than residents. Caron clarified that tonight the Council would be voting on the residential factor, not the 1.75. A motion to adopt the recommended residential shift factor of 89.2596 was made and seconded. A vote was taken, and the motion carried (9-0). A motion to not adopt an open space exemption was made and seconded. A vote was taken, and the motion carried (9-0). Reports of Committees (Continued) Finance and Property Order#278-Proposed Order approving the taking by eminent domain of the property at 2-4 Cabot for the purposes of municipal parking and to increase public's access to the City's waterfront A motion to approve was made and seconded. A vote was taken, and the motion carried(9-0). Unfinished Business from a Previous Meeting Order 9237-Councilor St. Hilaire-A Proposed zoning ordinance amendment to limit new building projects in the City of Beverly to three stories Flowers stated this will continue to be held. A motion to adjourn was made and seconded. A vote was taken, and the motion carried (9-0). The meeting adjourned at 10:51pin. Beverly City Council Meeting Minutes—December S,2022 page 16 of 16 Scott D. Houseman-Chair Julie R. Flowers Matthew J. St. Hilaire FINANCE AND PROPERTY/CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES Monday, December 5,2022, 6:30PM Within the Confines of the City Council Meeting City Council Chambers, 3rd Floor, Beverly City Hall, 191 Cabot St. Houseman called the meeting to order at 6:54pm. Members present: Julie Flowers, Matthew St. Hilaire, Scott Houseman Order Date to Description Action Taken Number Committee President Flowers-A request to delegate to the Council #267 10/17/2022 President the power to do an annual review and evaluation Hold of the City Clerk Proposed Order approving the taking by eminent domain of #278 11/14/2022 the property at 2-4 Cabot for the purposes of municipal Approve 3-0 parking and to increase publics access to the City s waterfront Grant-$10,000 Telecommunicator Emergency Response #296 12/5/2022 Taskforce Program grant from Executive Office of Public Approve 3-0 Safety and Security State 911 Department Earmark-$100,000 from the Mass Department of Public #297 12/5/2022 Health for more testing, monitoring and analysis of the Approve 3-0 environmental cleanup efforts for the Varian site The meeting adjourned at 7:1 1pm. Estelle M. Rand-Chair Todd C. Rotondo Brendan S. Sweeney LEGAL AFFAIRS/CITY COUNCIL COMMITTEE OF THE WHOUMEEfINd MiNMES Monday, December 5, 2022, 6:30PM Within the Confines of the City Council Meeting City Council Chambers, 3,d Floor,Beverly City Hall, 191 Cabot St. Rand called the meeting to order. Members present: Rand, Rotondo, Sweeney Order Date to Number Committee Description Action Taken Councilor Houseman-Special Municipal Employees-All board #259 11/14/2022 and commission members shall be designated as "Special Hold Municipal Employees" #259A 11/14/2022 Councilor Houseman-Special Municipal Employees-Conflict Hold of Interest disclosures filed with the Office of the Mayor #270 11/14/2022 Appointment-Director of Municipal Inspections-Mr. James Approve 3-0 Butler Mayor's response to Order 75A proposed amendments to 1995 #276 11/14/2022 Beverly Home Rule Charter Hold #282 11/14/2022 Councilor Bowen-A letter regarding Accessory Dwelling Units Hold Councilor Rand and Councilor Houseman-A request that the N-192 Replacement Project Citizens Advisory Committee be Receive and #268A 12/5/2022 removed from Open Meeting Law requirements-Legal Affairs place on file 3-0 Committee recommendation for modifying Order 213-2022 Appointment-Mr. Dylan Lukitsch, Economic Planner to serve #298 12/5/2022 as the Planning Department representative on the Design Hold Review Board Reappointments-Ellen Hutchinson and Andrea Toulouse to #299 12/5/2022 serve on the Beverly Planning Board Hold Assistant City Solicitor Oldmixon-Updating Order#014 of #304 12/5/2022 2003 designation of special municipal employees Hold Application for Ultimate Auto Sales LLC at 15 River Street for #305 12/5/2022 a Second Hand Motor Class 2 Dealers License Approve 3-0 Renewal application for a Lodging House License for 68 Dane #306 12/5/2022 Street LLC/dba Grey Croft Inn, located at 68 Dane Street Approve 3-0 City Clerk-A new application for a Lodging House License for Approve with #307 12/5/2022 Sullivan Capital LLC located at 68 Dane Street conditions 3-0 Order#307 Conditions are that the new owners will show a deed and letter from the current owner Bill Henney withdrawing his license before their license is issued. The meeting adjourned. Kathleen M. Feldman-Chair Hannah L. Bowen Steven M. Crowley PUBLIC SERVICES /CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES Monday, December 5, 2022, 6:30PM Within the Confines of the City Council Meeting City Council Chambers, 3,d Floor, Beverly City Hall, 191 Cabot St. Feldman called the meeting to order. Members present: Bowen, Crowley, Feldman Order Date to Description Action Taken Number Committee Reappointment-Mr. Jeffrey M. Schlichte to serve on #300 12/5/2022 the Beverly Airport Commission Hold Reappointments-Jan J. Jeffgood, Henry R. Pizzo III #301 12/5/2022 and Justin Repp to serve on the Beverly Parks and Hold Recreation Commission Reappointment-Mr. Paul Earl to serve on the Beverly #302 12/5/2022 Harbor Management Authority Hold National Grid-A Petition for Plan#30693308- Public hearing set #309 12/5/2022 Longmeadow Road to install conduits for 12/20 at 7:45pm Meeting adjourned.