2008-06-16
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of8
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Tuesday, June 17, 2008 11:14 AM
To: minutes@beverlyma.gov
Subject: 61608.doc
Regular Meeting
Beverly City Council 7:00, PM June 16, 2008
Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D.
Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty Councilor Burke left meeting at 7:00 PM and Returned at 8:00 PM
#157
Dear President Flaherty,
This evening, I will be attending a prior family obligation. I was asked to serve as a Godparent to my brother's newborn son, and I am
honored to do so. I will be at Saint Mary's Parish this evening for a required class, and I expect to join you shortly after 8 p.m.
Please read this letter into the record and instruct the Clerk to place it into the minutes of tonight's meeting.
Thank you,
John J. Burke, Ward 3 Councilor
Pledge of Allegiance to the Flag: Led by Councilor Grimes
Public Hearings and Public Speakers:
7:15 PM Mary Rodrick presentation to BHS Football Team
Acceptance of Minutes:
Meetings of June 2, 2008 and Special Meeting of June 6, 2008
Appoi ntments:
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#158
6/19/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of8
June 16, 2008
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby submit for your approval the attached Proposal from Tim Laird, Beverly Farm Manager for The Food Project - North Shore
requesting that they be allowed to set up a farm stand in Ellis Square on Mondays from 3:30 - 6:00 p.m. beginning June 30 and ending on
October 6, 2008.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#159
June 16, 2008
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following to serve as members of the Conservation Commission:
David Lang
2 Fosters Point
Term to be effective until June 30, 2011
Gregg Cadermartori
10 Hillside Avenue
Term to be effective until June 30, 2011.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
Communications from Other City Officers and Boards:
#78 A
Communication from Parking and Traffic commission relative to Traffic Study in Shingleville area of Beverly
Refer to Legal Affairs
Communications, Applications and Petitions:
6/19/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of8
#160
Invitation to March in Ryal Side Civic Association Fourth of July Parade
Receive and Place on File
#161
Application Sandwich Board Sign Custom Medicine Pharmacy, Inc. 25 Cabot St.
-
Refer to Legal Affairs
Regorts from Committees:
#153
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of PILOT / SILOT Program have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying AMENDED order and recommend its adoption
Ordered: That the City Council, in recognizing the budget crises that have annually confronted this city in recent years, shall appoint by
the end of this fiscal year, June 30, 2008, an ad-hoc committee to determine the feasibility of establishing voluntary payment-in-Iieu of
taxes (PILOT) and/or service-in-Iieu of taxes (SILOT) agreements with nonprofit institutions located in Beverly. This committee is to report
back to the City Council and the Mayor by February 1, 2009, with its recommendations.
The PILOT/SILOT committee will address how the nonprofit institutions may contribute to the community. According to Beverly's Chief
Assessor, the current assessed value of tax-exempt parcels (land and building) not owned by the City of Beverly is $415 million, or 60/0 of
the City's total assessed value of $6.5 billion.
The committee's responsibilities would include:
. Identifying successful voluntary PILOT/SILOT agreements currently operating in other communities and how they might apply to
Beverly.
. Formulating an implementation strategy for the agreements.
. Reviewing existing PILOT/SILOT agreements in Beverly and recommending, if necessary, appropriate alterations and/or
substitutions.
Amended to add:
President Flaherty appoints 2 members of the City Council:
Judith Cronin - Chair
Wes Slate - Member
Ass initiates a public appeal for interested citizens to complete membership of committee Letters of interest should be sent to: Office of
the City Clerk
191 Cabot Street
Beverly, MA 01915
6/19/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of8
By Friday, June 20,2008. Citizen appointments to be made by President Flaherty
Order read once and adopted 8-0 Vote
#158
The Committee on Finance and property to whom was referred the matter of request from Food Project to operate Market in Ellis Square
have considered said matter and beg leave to report as follows, to wit:
Recommend the license be granted
Order read once and adopted 9-0 Vote
#24
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of OSRD Site Plan have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying AMENDED ordinance and recommend its adoption
In the year two thousand and eight
An Ordinance amending an ordinance entitled ZONING re Open Space Residential Design
PROPOSED AMENDMENTS TO OPEN SPACE RESIDENTIAL DESIGN SITE PLAN ORDINANCE (OSRD)
JANUARY 2008
AS FURTHER MODIFIED BY PLANNING BOARD ON APRIL 22, 2008
AND LEGAL AFFAIRS COMMITTEE ON JUNE 9, 2008
Amend Section 29-24.B of the City of Beverly Zoning Ordinance as follows:
A. Amend subsection 29-24. B.11.1.a by inserting the phrase, "in the R-10, R-15 and R-22 zones"
between the words "subdivision" and "or".
B. Amend subsection 29-24.B.11.1.b by inserting the phrase, "in the R-10, R-15 and R-22 zones" between the words "building)" and
"or".
C. Delete subsection 29-24.B.11.1.c it in its entirety and replace it with the following:
"(c) consists of an area of two (2) acres or more in the R-10, R-15 and
R-22 zones or"
D. Add new subsections 29-24.B.11.1.d and e as follows:
"(d) consists of an area of 180,000 square feet (i.e. just over 4 acres) or more in the R-45 zone and will create three (3) or
more buildable lots by reason of a subdivision or four (4) or more dwelling units (excluding new units in an existing building) or
(e) consists of an area of 300,000 square feet Uust under 7 acres) or more in the R-90 zone and will create three (3) or more
buildable lots by reason of a subdivision or four (4) or more dwelling units (excluding new units in an existing building)"
E. Amend subsection 29-24. B.11.3 by inserting the following paragraph after the first paragraph:
" The calculation of the area of a "tract" shall be the same as the calculation of the area of a lot as set forth in the definition of
"Lot" in Section 29-2 of this ordinance."
6/19/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of8
F. Amend subsection 29-24.B.11.3 by adding the following provisions for Approval Not Required ("ANR") plans to the end:
" The Planning Board may waive the requirements of this Ordinance for any
Approval Not Required ("ANR") plan, provided it finds that:
(a) no new building lots are being created; or
(b) no more than two (2) new building lots are created and
(i) the owner and his/her successors in title, through deed restriction, relinquish all rights of future
division that will create additional building lots together or in conjunction with land outside the tract;
and
(ii) the applicant provides a plan identifying and delineating primary and secondary conservation areas,
potentially buildable areas, and, where possible, proposed house location(s); and
(iii) the applicant satisfies the Planning Board that siting of the new house(s) and associated site
improvements, including stormwater management, conform to the purposes and intent of this
Ordinance. "
G. Amend subsection 29-24.B.1I1.3 by adding the following after the phrase "Section IV. below).":
"Approval of a yield plan shall be subject to a public hearing, which shall occur as early in the initial review process as
reasonably possible but no later than 45 days after submission of the Initial Review Application. The Planning Board
shall, at the applicant's expense, send written notice, at least seven (7) days prior to the public hearing, to each abutter
and abutter of an abutter of the tract. The Planning Board shall also, at the applicant's expense, send legal notice of
the public hearing for publication in a newspaper of general circulation at least seven (7) days prior to said meeting."
H. Amend subsection 29-24.B.III.4 by inserting the words, "Conceptual plans," between the words "of the" and "Preferred plan"; by
deleting the word "and" between the words "plan" and "Yield" and replacing it with ","; and by adding the words "and OSRD Site
Plan" to the end.
I. Amend subsection 29-24.B.IV.1 by inserting the following sentence after the words "depicted on a 'Yield Plan'.":
"Waivers from the Planning Board's Rules and Regulations Governing the Subdivision of Land are permitted in
determining the Basic Maximum Number. Such waivers must be sought and obtained during the OSRD process, but
prior to acceptance of a Yield Plan."
J. Amend subsection 29-24.B.V.1 by adding the following sentence to the end of the third paragraph:
"The Potentially Developable Area shall not be construed as the final "Buildable Area" as defined by Section VIII. 1 (b)."
K Amend subsection 29-24.B.V.2 by inserting a "." after the words "Potentially Developable Area" and by deleting the remainder of
the paragraph.
L. Amend subsection 29-24.B.V.4 by deleting the "." at the end of the last sentence and by adding the following in its place:
"and include the delineation of private yards, exclusive easement areas,
and shared amenities, with a design that seeks to encourage an integrated
community within the proposed development and further the goals of the
Master Plan and the Open Space and Recreation Action Plan. Shared
amenities should be located so as to encourage use by persons inside and
outside of the Covered Project."
M. Amend subsection 29-24.B.VI.1 by inserting the phrase ", to the extent that Section 29-29.C.2. does not conflict with this
ordinance." after the words "Site Plan Zoning Ordinance Section 29-29.C.2."
N. Delete the first sentence of subsection 29-24.B.VI.3.b.(ii). and replace it with the following:
" A buffer area of at least twenty-five (25) feet shall be provided at the following locations: (a) perimeter of the property;
and a buffer area of at least one hundred (100) feet around Primary Conservation Areas (as defined in Section V.1
above)."
6/19/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f8
O. Amend subsection 29-24.B.VII.4. by inserting the phrase, "on one side (one side yard may have a zero (0) foot side yard setback
provided that only a lot line created by the proposed OSRD may have such a zero [0] foot side yard setback)" after the words,
"ten (10) feet".
P. Add new subsections 29-24.B.VII.5 and 6 as follows:
"5. The subdivision requirements imposed upon any roadway created within the OSRD development shall not be less
than a right of way width of forty (40) feet, a roadway width of twenty-four (24) feet, and a maximum roadway grade
of eight (8) percent. However, a dimensional limitation imposed by this paragraph shall not apply to an OSRD
development if a majority of members of the Planning Board entitled to vote, determines that such an application
unnecessarily frustrates the purposes of this Ordinance.
6. The sidewalk requirements for any way created within the OSRD development shall be the following: A sidewalk
shall extend the full length of one side of the way and shall be a minimum width of five (5) feet. The Planning
Board may allow pedestrian access that is not parallel to the street in lieu of one (1) or more sidewalks as
described above. This sidewalk requirement may be eliminated by the Planning Board if it makes a finding that the
connecting, existing roadways do not have existing sidewalks, or if alternative pedestrian access is provided within
the OSRD development. When it determines that it is appropriate to do so, the Planning Board may waive the
sidewalk requirement if it makes a finding that other provisions are made within the tract to safely and adequately
lead pedestrians to connecting sidewalks outside of the tract."
Q. Amend Section 29-24. B. VII.1. as follows: "1. Lots having reduced area or frontage shall not have their legal frontage on a street
other than a street created by the OSRD, provided that this limitation shall not apply in the case of lots created by an ANR plan,
nor shall it apply to lots created by a subdivision plan if its application would conflict with the purposes or other provisions of this
OSRD; and"
R. Amend Section 29-24.B.VII.3. by eliminating the text, "Notwithstanding the foregoing" as follows:
"3. Nothing in this Section VII shall permit, or be deemed to permit, the construction or use of more dwelling units per
lot than is otherwise permitted in the applicable zoning district. "
This ordinance to take effect as per charter provisions
Order read once and adopted 9-0 Vote
#41
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T Stop Signs, Matthies at Pearson and Sturtevant
have considered said matter and beg leave to report as follows, to wt:
No Further Action
Order read once and adopted 9-0 Vote
#62
The Committee on Legal Affairs to whom was referred the matter of request for signs at Cross Street Soccer Field have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Parking and Traffic Commission recommend that "W15-1" signs be placed in advance of the parking lot for the soccer
field to warn advancing motorists from both directions. These signs should be in conformance with the MUTCD and should include high-
intensity reflectorized sheeting which have enhanced visibility
Order read once and adopted 9-0 Vote
6/19/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f8
#65
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T Stop Signs Goodyear at Pearson & Goodyear at
Glidden have considered said matter and beg leave to report as follows, to wit:
Recommend NO FURTHER ACTION
Order read once and adopted 9-0 Vote
#66
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance MV & T on Cabot Street have
considered said matter and beg leave to report as follows, to wit:
Recommend NOFURTHER ACTION
Order read once and adopted 9-0 Vote
#111
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for traffic study in area of Ventron
Property have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#145
The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Communication re Federal heights
Affordable housing Units have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Mayor be and the same is hereby authorized to sign the enclosed LIP application and regulatory agreement relative to
the Federal Heights, 48 Federal Street Affordable Housing Units.
Order read once and adopted 9-0 Vote
Unfinished Business:
Motions and Orders:
#162
By Councilor Slate:
6/19/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 80f8
Ordered: Be it ordained by the City Council of the City of Beverly that Section 3-314 of the Revised Ordinances of the City of Beverly be
and the same as hereby amended:
ADD New Item (d):
(d) Fee - There will be a fee collected for said three-year term for appointment of a Constable.
Refer to Finance and Property
Meeting adjourned: 8: 10 PM
Frances A. Macdonald, CMC
City Clerk
6/19/2008