2009-06-22
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of7
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Tuesday, June 23, 2009 10:36 AM
To: minutes@beverlyma.gov
Subject: meeting
Special Meeting
Beverly City Council 7:50, PM June 22, 2009
Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D.
Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty
Pledge of Allegiance to the Flag: Led by Councilor Coughlin
Public Hearings and Public Speakers:
7:50 PM Public Hearing Substitution of funds (School)
Receive and Place on File
8:00 PM
Public Hearing FY 2010 Budget
Refer to Finance and Property
Acceptance of Minutes:
Call for Special Meeting:
#99
By Council President Flaherty for June 22, 2009
Appoi ntments:
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#100
June 22, 2009
Honorable City Council
City Hall
6/25/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of7
Beverly, MA 01919
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Anthony Paluzzi, 17 Victor Avenue, Beverly, MA 01915 to serve as a
member of the Conservation Commission.
His term will be effective until June 30, 2012.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#101
June 22, 2009
Honorable City Council
City Hall
Beverly, MA 01919
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following Danvers resident to serve as one of Danvers' representatives
to the Beverly Airport Commission:
Susan M. McEvoy
5 Orrantia Circle
Danvers, MA 01923
Ms. McEvoy will fill the unexpired term of Stephen Freyer who has resigned. Her term will be effective until December 31, 2009.
Attached is a communication from Danvers Town Manager, Wayne Marquis, concerning this appointment.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Receive and Place on Fi Ie
#102
June 22, 2009
Honorable City Council
City Hall
Beverly, MA 01919
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizen to serve as a member of the Library Board of Trustees:
Mary Beh rle
21 Cobbler's Lane
Beverly, MA 01915
She will fill the unexpired term of Roseann Benson who has resigned. Ms. Behrle's term will be effective until January 31, 2010.
Very truly yours,
6/25/2009
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William F. Scanlon, Jr., Mayor
Refer to Public Services
Communications from Other City Officers and Boards:
#93A
Communication from John Dunn relative to FY 2009 Transfers
Refer to Finance and Property
Communications, Applications and Petitions:
#103
Communication from Fred Hopps re Mass DOER Green Communities Act.
On July 2008, Governor Patrick Signed the Green Communities Act of 2007 to enhance clean energy
infrastructure and clean energy alternatives across the state of Massachusetts. An eighteen point memo outlining
the advantages anticipated by the GCA can be found on the following website page:
http://www.mass.gov/legis/house/ht04365 summary .pdf
The City of Beverly could significantly benefit from the Green Communities Act (herein referred to as the GCA), as
administered by the Department of Energy Resources (DOER). These are the following advantages:
1) 1) Reduction of direct energy costs that are paid by the city through the reduction of energy inefficient
"business-as-usual" practices. Money derived from the GCA (coupled with other federal and private sectors)
will allow the city of Beverly to implement energy conservation practices (point 3 "Establish Least Cost Energy
Planning") in current municipal establishments and to purchase energy conserving materials in future
construction (point 2 "Establish Energy Efficiency and Green Communities Program") without incurring any
significant costs to the city itself.
2) 2) The availability of funds to defray the purchase of green energy from renewable energy sources.
3) 3) The availability of funds to defray the costs associated with implementation of said renewable energy
sources.
These are just a few advantages presented by the GCA for the city of Beverly. In order for the city of Beverly to achieve
these benefits, which are based on a sliding scale determined by a municipality's accumulated points, the city will need to
meet the GCA qualifying criteria. As outlined in MGL c. 25A S 1 D( c).
In order for a municipality to partake in the Green Communities program, each municipality will need to complete the
following provisions (summarized and taken from "DRAFT-Guidelines for Qualifying as a Green Community" memo issued
by the Green Communities Program, GCP):
I) I) File an application with the Department of Energy Resources in a form and manner to be
described by the department, final details will be available this summer (pers. comm. with Meg Lusardi,
Deputy Director of the Green Communities Program).
II) II) Provide for the as-aI-right siting of renewable or alternative energy generating facilities,
renewable or alternative energy research and development (R&D) facilities, or renewable or alternative
energy manufacturing facilities in designated locations.
(from GCA 'as-al-right siting': defined as siting that provides for the allowed use of, and does not
unreasonably regulate, or require a special permit).
III) III) Adopt an expedited application and permitting process under which these energy facilities
may be sited within the municipality and which shall not exceed 1 year from the date of initial application
to the date of final approval.
6/25/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of7
IV) IV) Establish an energy use baseline inventory for municipal buildings, vehicles, street and traffic
lighting, and put in place a comprehensive program designed to reduce this baseline by 20 percent within 5
years of initial participation in the program.
V) V) Purchase only fuel-efficient vehicles for municipal use whenever such vehicles are
commercially available and practicable (currently, vehicles used in law-enforcement are exempt from this
clause ).
VI) VI) Require all new residential construction over 3,000 square feet and all new commercial and
industrial real estate construction to minimize, to the extent feasible, the life-cycle cost of the facility by
utilizing energy efficiency, water conservation, and other renewable or alternative energy technologies.
(BBRS) regulations are planned for the state
Refer to Public Services
Reports from Committees:
#93
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Budgetary Transfers have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council will hold a Public hearing on Tuesday, July 7, 2009 at 7:05 PM in council chambers, Third Floor, 191 Cabot
St., Beverly, Ma relative to transfers from Reserve for Unforeseen to the appropriate salary lines to fund increases as agreed in settled
union contracts and to transfer from and to other General Fund Lines as need to reduce any deficits, including those from Snow and Ice
Operations.
First Passage:
Public Hearing:
Final Passage:
June 15, 2009
July 7, 2009
July 7, 2009
Order read once and adopted 9-0 Vote
#94
The Committee on Finance and Property to whom was referred the matter of Request from PILOT/SILOT committee relative to new
revenue accounts
Submit the accompanying order and recommend its adoption
Ordered: That the City Council approve the request of the Pilot/Silot committee for the establishment of the following four revenue
accounts:
Emergncy Services
Parks and Recreation
Briscoe Commons
Beverly Book Mobile
Order read once and adopted 9-0 Vote
#72
6/25/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of7
The Committee on Legal Affairs to whom was referred the matter of have considered said matter Inclusionary Zoning have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year two thousand and nine
An Ordinance amending an ordinance entitled Zoning
Relative to Parking and Loading Requirements
Be it ordained by the City Council of the City of Beverly as follows, to wit:
(1) Amend Section 29-25 of the Zoning Ordinance entitled "Parking and Loading Require-ments" by amending the table in
subsection A. as follows:
(a) Add ", including subsidized elderly housing facilities that provide shared living arrangements" after the phrase
"Congregate Housing for the Elderly and Permanently Disabled"; and
(b) Add "IG, IR" to the list of districts in which two (2) parking spaces are required for residential units.
With the amendments, the table at Section 29-25.A. would read as follows (new text in italics):
USE MINIMUM OFF-STREET PARKING SPACES
REQUIRED
Residential units in CC District of 1 bedroom or 1 space per residential unit
smaller
Residential units in the CC District with more than one 2 spaces per residential unit
bedroom, residential uses in the CG, CN, WD, IG, IR,
RHD, RMD, R-6, R-I0, R-15, R-22, R-45, and R-90
zoning districts
Rooming house, hotel, motel 1 space for each rental unit plus 1 space for each eight
seats provided for eating and meeting facilities
Bed and breakfast establishment 1 space for every room rented, plus 2 space
Hospital 1 space for every 2 beds
Clubs, lodges, and similar uses 1 space per 400 sq. ft. of gross floor area
Auditorium, theater, general meeting facilities or place 1 space for every 4 seats, permanent or otherwise
thereof
Business and professional offices 1 space for every 250 sq. ft. of gross floor area
Retail trade establishment, personal service 1 space for every 275 sq. ft. of gross floor area for
those establishments under 10,000 sq. ft. in gross floor
area; 1 space for every 200 sq. ft. of gross floor area
for those establishments over 10,000 sq. ft. in gross
floor area
Clinic or medical buildings, including medical offices 1 space for every 150 sq. ft. of gross floor area
as an accessory use in a residential dwelling
Restaurant or similar indoor place dispensing food, 1 space for every 4 seats, permanent or otherwise
drink, or refreshment
Schools 1 space for each 500 sq. ft. of floor space, exclusive of
basements
Wholesale and storage in enclosed buildings 1 space per 1,000 sq. ft. of gross floor area for the first
20,000 sq. ft.; 1 space per 2,000 sq. ft. of gross floor
area for the second 20,000 sq. ft.; 1 space for each
4,000 sq. ft. of gross floor area for areas in excess of
the initial 40,000 sq. ft. of gross floor area
6/25/2009
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Open storage
1 space for every 1,000 sq. ft. of the lot devoted to the
use thereon
2.5 spaces per 1,000 sq. ft. of gross floor area
Manufacturing, assembly, processIng, research,
printing, and publishing
Congregate housing for the elderly and permanently
disabled, including subsidized elderly housing
facilities that provide shared living arrangements
Marina
.75 space per unit
.5 space per boat moored, docked, stored, or trailered.
Between September 15th and May 15th, up to 80% of
the required parking spaces may be used for winter
storage of boats, floats, runways, and associated
equipment. On or before May 16th, 70% of the
required parking spaces must be clear and available for
motor vehicle parking. By June 15th, 100 percent of
the required parking spaces must be clear and available
for motor vehicle parking.
(2) Amend Section 29-34.B.2. of the Zoning Ordinance entitled "Inclusion of Affordable Housing - Applicability" by inserting the
phrase "nursing homes, projects meeting the definition of subsidized elderly housing or congregate elderly housing, nor to"
between the phrases "This Section does not apply to..." and "...the rehabilitation of any building or structure...".
With the amendment, Section 29-234.B.2. would read as follows (new language in italics):
"This Section does not apply to nursing homes, projects meeting the definition of subsidized
elderly housing or congregate elderly housing, nor to the rehabilitation of any building or
structure wholly or substantially destroyed or damaged by fire or other casualty; provided,
however, that no rehabilitation or repair shall increase the number of dwelling units on the lot as
existed prior to the damage or destruction thereof, except in conformance with this Section."
Ordinance Read once and held for final passage as per charter provisions 9-0 Vote
#91
The Committee on Legal Affairs to whom was referred the matter of Appointment Beverly housing Authority Leland McDonough have
considered said matter and beg leave to report as follows, to wit:
Recommend the council approve the Appointment
Order read once and adopted 9-0 Vote
#92
The Committee on Legal Affairs to whom was referred the matter of Appointment Beverly housing Authority of Dorothy List amend term of
office until June 28, have considered said matter and beg leave to report as follows, to wit:
Recommend the council approve the amendment of the Appointment
Order read once and adopted 9-0 Vote
Unfinished Business:
6/25/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f7
Motions and Orders:
Meeting adjourned: 8:48 PM
Frances A. Macdonald, CMC
City Clerk
6/25/2009