2006-04-03
7:30 PM #414 Public Hearing Loan Order Drainage Projects
Page 1 of9
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Monday, August 17,2009 2:15 PM
To: minutes@beverlyma.gov
Subject: 06.apr3.doc
CRsouCar :M.eetino of (f3everCy City Counci{ 7:00 C?M. .Jlpri{ 3, 2006
Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Kevin Hobin, Donald Martin, ,
Maureen Troubetaris, Paul Guanci Councilor Grimes was absent
Pledge of Allegiance to the Flag: Led by Councilor Coughlin
Appointments:
#75 City Clerk- Frances A. Macdonald
#76 Clerk of Committees-Kathleen P. Connolly
Public Hearings:
#67 Transfer to Account-Parking Meter Fees to purchase Parking Lot ($45,000.00)
Refer to Finance and Property
Acceptance of Minutes:
Meetings of March 20, 2006
Communications from His Honor the Mayor:
#77
April 3, 2006
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. John J. Crowley, 107 Lovett Street, Beverly, MA 01915, to serve as a
member of the Board of Registrars of Voters.
Mr. Crowley will replace Marjorie Thompson and his term will be effective until March 31, 2008.
8/24/2009
7:30 PM #414 Public Hearing Loan Order Drainage Projects
Page 2 of9
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#78
April 3, 2006
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Roger Morency, 8 Columbia Road, Beverly, MA 01915, to serve as a
member of the Board of Registrars of Voters.
His term will be effective until March 31, 2009.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#79
April 3, 2006
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: REQUEST TO ADOPT ATTACHED NORTH SHORE REGIONAL PRE-DISASTER MITIGATION PLAN
Dear Honorable Council:
In 1995, the Federal Emergency Management Agency (FEMA) unveiled its National Mitigation Strategy to reduce the vulnerability of
people and property to future natural hazards. The premise of this national initiative is that spending money on hazard mitigation efforts
before natural disasters occur will save a significant amount of future dollars on recovery and reconstruction following disasters in the
years to come.
The 2000 Federal Disaster Mitigation Act requires that communities adopt a local multi-hazard mitigation plan in order to be eligible to
receive FEMA funding for hazard mitigation grants. This planning requirement would not affect disaster assistance funding.
Since 2003, the City of Beverly has been involved in a regional initiative - spearheaded by the Metropolitan Area Planning Council - to
develop a region-wide pre-disaster mitigation plan for nine communities north of Boston. The resulting plan is attached for your
consideration, and I respectfully request that the Council adopt a resolution accepting this plan to ensure the City remains eligible for
FEMA-related planning grants.
Respectfully,
William F. Scanlon, Jr., Mayor
8/24/2009
7:30 PM #414 Public Hearing Loan Order Drainage Projects
Page 3 of9
Refer to Public Services
Communications from other City Officers and Boards
#10A
March 29, 2006
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: RECOMMENDATION FROM PLANNING BOARD ON CITY COUNCIL ORDER #10: AMENDMENT TO DEFINITION OF
"SETBACK"
Dear Members of the Council:
The Beverly Planning Board considered the above-referenced Order at its meeting on March 28, 2006. Following the Board's deliberations
and consideration of the testimony taken during the public hearing on March 6, 2006, members of the Board voted unanimously to
recommend that the following definition of the term "SETBACK" be adopted:
"Setback - A line beyond which the foundation wall and/or any enclosed covered porch or other enclosed portion of a building shall not
project. Minimum yard setbacks required by this Ordinance shall be measured form either (i) the lot line or (ii) the sideline of any public or
private street right of way providing vehicular access to or over the lot, whichever of (i) or (ii) is closer to the proposed building at any
point."
The Board recognizes that this language - in particular, the second sentence - is different from that which was originally proposed in the
Order. The Board recommends that the City Solicitor be consulted for confirmation that the modified language can be adopted by the City
Council without violating the spirit or intent of the public hearing notice requirements of M.G.L. Chapter 40A, Section 5.
Respectfully,
Richard Dinkin
Chairperson
Refer to Legal Affairs
#30A
March 24, 2006
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: RECOMMENDATION FROM PLANNING BOARD ON CITY COUNCIL ORDER #30: PROPOSED AMENDMENT TO THE
DEFINITION OF "SUBSIDIZED ELDERLY HOUSING"
8/24/2009
7:30 PM #414 Public Hearing Loan Order Drainage Projects
Page 4 of9
Dear Members of the Council:
Please be advised that the Planning Board discussed the above-referenced Order at a special Board meeting held immediately following
the Joint Public Hearing on March 6, 2006.
Following the discussion, the Planning Board voted 5 - 1 (Dinkin, Flannery, Dunn, Harris, Geller-Duffy in favor, Thomson against) to
recommend to the Council that the Order be adopted as proposed.
Members cited the following reasons for voting to recommend an increase in the minimum age threshold from 55 to 62:
· Subsidized elderly housing is a use that is allowed in nearly every zoning district in the City, and without an age limit of 62 these
projects would be simply multi-family developments in single-family zoning districts.
· The term "subsidized elderly housing" connotes a project occupied by the "elderly". The Board believes the City decided to
allow this type of project across the community with the intention of meeting a social need - and perhaps address a social issue
- relative to senior housing. If so, the best way to ensure that intention is to use the age of 62 as a threshold for occupancy,
instead of 55 where children are as likely to be occupants as are the elderly.
Respectfully,
Richard Dinkin, Chairperson
Refer to Legal Affairs
#10/31A
March 27, 2006
Legal Affairs Committee
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: UPDATE ON PLANNING BOARD REVIEW OF COUNCIL ORDERS #30,31 & #10
Dear Members of the Committee:
I wanted to provide you with an update on the Planning Board's deliberations regarding the above-referenced Orders.
As you know, the Joint Public Hearing between the Council and Planning Board was held on March 6, 2006. Later that evening, the Board
discussed Order #30, which proposes to increase the minimum age requirement for "subsidized elderly housing" developments from 55 to
62. The Board made a recommendation on Order #30 that evening and the recommendation has been forwarded to you separately.
The Planning Board tabled discussion of Orders #10 and #31 until its meeting scheduled for last week. Unfortunately, that meeting had to
be postponed until tomorrow night (March 28th) due to quorum-related issues. The Board hopes to conclude its discussions on Orders #10
(definition of "setback") and #31 (amendments to CC zoning district) Tuesday evening and forward a recommendation to you later this
week.
The Board recognizes that M.G.L. Chapter 40A, Section 5 requires it to forward its recommendations on zoning amendments to the
Council within twenty one days of the close of the hearing, which is today. The Board respectfully requests your patience in receiving its
recommendation on both matters, as it intends to forward them very shortly.
Respectfully,
Tina P. Cassidy, Director
Planning & Development Department
Refer to Legal Affairs
8/24/2009
7:30 PM #414 Public Hearing Loan Order Drainage Projects
Page 5 of9
#31A
April 3, 2006
The Honorable Beverly City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: RECOMMENDATION FROM PLANNING BOARD ON COUNCIL ORDER #31: AMENDMENTS TO "CC" ZONING
DISTRICT
Dear Honorable Council:
At a meeting of the Beverly Planning Board held on Tuesday, March 28, 2006, members of the Board considered the above-referenced
Order and held discussion on the substance of the Order, public comment taken during and after the Joint Public Hearing, and additional
information presented to the Board.
The following comments are made with respect to that portion of Order #31 which proposes to allow, by special permit, buildings up to 75'
on "CC" zoned lots that do not abut a residential zoning district.
Simply stated, the Planning Board supports the concept of permitting additional building stories in portions of the downtown. The Board
believes this is a reasonable and effective way to further a number of the important goals and recommendations of the Master Plan that
was adopted by the City in 2003. By encouraging reinvestment in the downtown and allowing for greater residential development there,
the City can:
· Focus construction of new housing units where the infrastructure exists to support it, rather than in Beverly's remaining
open space areas
· Create more affordable housing
· Create new tax revenue to fund future City budgets and services
· Provide a customer base to support the downtown business economy
· Improve the streetscape and pedestrian amenities along Rantoul Street
Permitting additional stories where appropriate can accomplish all of the planning goals outlined above, and would also be consistent with
many of the principles of the Commonwealth's "Smart Growth" initiative. The purposes of the "Smart Growth" legislation are to:
"... encourage smart growth and increased housing production in Massachusetts. Smart Growth is a principle of land develop
emphasizes mixed land uses, increases the availability of affordable housing by creating a range of housing opport
neighborhoods, takes advantage of compact design, fosters distinctive and attractive communities, preserves open space,
natural beauty and critical environmental areas, strengthens existing communities, provides a variety of transportation choicE
development decisions predictable, fair, and cost effective, and encourages community and stakeholder collaboration in de,
decisions."
The Board found that since taller buildings would only be allowed by special permit, any development proposed under the new ordinance
would have to undergo a rigorous public review process. The Board endorsed the restriction in the proposal that would make all lots
abutting a residential zoning district ineligible for taller buildings.
However, the Board identified several issues with the proposal as it is currently drafted:
(1) The extent of the area covered by the amendment is too broad. The Board considers the streetscape of Cabot Street to be very
different from that of Rantoul Street and believes taller buildings on Cabot Street would be out of both scale and character with
the existing streetscape. For that reason, the Planning Board recommends that Cabot Street be excluded from the proposal.
For similar reasons, the area near the Beverly/Salem bridge (the stretch of Rantoul Street south of Stone Street) should be
eliminated. It's proximity to one of the City's gateways and historic neighborhoods leads the Board to recommend that the idea
8/24/2009
7:30 PM #414 Public Hearing Loan Order Drainage Projects
Page 60f9
of allowing taller buildings in that neighborhood be considered only as part of a more focused study of Beverly's gateway.
(2) The urban design issues inherent with buildings as tall as 75' are not adequately addressed by the current Order or by existing
regulations. The existing special permit and site plan review processes ensure a thorough review of new projects by the
Planning Board, Design Review Board, city departments, and the public. The existing downtown design guidelines provide some
good general guidance on design-related issues, but they lack detailed standards to address design issues specific to taller
buildings.
Accordingly, the Board recommends that the City develop a set of commercial design guidelines to guide the design and review of new
construction so that it fits into the urban landscape.
At the conclusion of discussion, and in spite of its general support for much of the proposal, the Board voted 4-1 (Flannery, Thomson,
Walter, Geller-Duffy in favor, Dinkin against) to recommend to the Council that Council Order #31 not be adopted at this time. Instead, the
Board suggests that the proposal be modified to include only a portion of Rantoul Street, and recommends development of design
guidelines for commercial buildings prior to amending the ordinance to allow taller buildings.
The Planning Board made no recommendation with respect to that portion of Order #31 which proposes to add a new subsection 29-
17.D.5. (building and area requirements for uses that do not abut residential zoning districts). However, the lack of recommendation
should not be construed as a commentary on its merits.
Please feel free to contact me or City Planner Tina Cassidy if you have any questions relative to the Planning Board's vote on this matter.
Respectfully,
Richard Dinkin, Chairperson
Refer to Legal Affairs
Communications, Applications and Petitions:
#80
Application Second Hand Junk Dealers License (The Microphone Zone)
Refer to Legal Affairs
#81
Application Class II Motor Vehicles Dealers License-RD's Auto Sales, 26 West St.
Receive and Place on File
#82
Claim-Matthew Olimpio
Receive and Place on File
Refer to City Solicitor
Reports from Committees:
#47
8/24/2009
7:30 PM #414 Public Hearing Loan Order Drainage Projects
Page 70f9
The Committee on Finance and Property to whom was referred the matter of Communication relative to Cemetery Rates have considered
said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
#67
The Committee on Finance and Property to whom was referred the matter of Transfer to Account, Purchase of Parking Lot 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 approve the request of the Mayor to transfer Forth-Five Thousand ($45,000) Dollars from account "Parking
Meter Receipts" to account "Parking Lot" in the Planning Department Budget for the purpose of acquiring a parcel of land for public parking
at the corner of Summit Avenue and Cabot Street.
First Passage:
Public Hearing:
Final Passage:
March 20, 2006
April 3, 2006
April 3, 2006
Order read once and adopted 8-0 Vote
#70
The Committee on Finance and Property to whom was referred the matter of North Shore Regional Vocational School Annual Report Short
Form have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
#71
The Committee on Legal Affairs to whom was referred the matter of North Shore Regional Vocational School, Annual Report have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
#23
The Committee on Legal Affairs to whom was referred the matter of reappointment to Planning Board-Jason Silva have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
8/24/2009
7:30 PM #414 Public Hearing Loan Order Drainage Projects
Page 80f9
#57
The Committee on Legal Affairs to whom was referred the matter of Application for Second Hand Junk Dealers License-Collage of
Creativity, LLC have considered said matter and beg leave to report as follows, to wit;
Recommend the license be granted
Order read once and adopted 8-0 Vote
#72
The Committee on Legal Affairs to whom was referred the matter of application for Second Hand Junk Dealers License, Feature
Presentation d/b/a Blockbuster Video have considered said matter and beg leave to report as follows, to wit:
Recommend the license be granted
Order read once and adopted 8-0 Vote
#66
The Committee on Public Services to whom was referred the matter of reappointment- Historic District Commission William Finch, John
Condon, James Younger and Matthew Lewis have considered said matter and beg leave to report as follows, to wit;
Recommend the council approve the appointments
Order read once and adopted 8-0 Vote
#68
The Committee on Public Services to whom was referred the matter of Appointment-Cable TV Advisory Commission Arthur Crandall, AI
Torsey and George Johnson have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointments
Order read once and adopted 8-0 Vote
#73
The Committee on Public Services to whom was referred the matter of request for Salem/Beverly Water board to appear before council
have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Salem- Beverly Water Board be requested to appear before the City Council to update the members on the latest
information particularly concerning drawing water from the Ipswich River, and additionally, of the plant's capacity to continue to supply both
Salem and Beverly after the report from Camp, Dresser and McKee.
Order read one and adopted 8-0 Vote
Unfinished Business:
8/24/2009
7:30 PM #414 Public Hearing Loan Order Drainage Projects
Page 90f9
Resolutions:
Motions and Orders:
#83
By Councilor Hobin:
Proposed amendment to ordinance creating Solid Waste Management Committee.
Amend City Ordinance Section 3-232, subsection 2) by deleting the word" seven(7)" where it first appears and inserting the word "nine(9)"
in its place.
Refer to Legal Affairs
#84
By Councilor Guanci:
Ordered: Attached is the ordinance regarding the City's trash pick up fee. Per ordinance it was up for review and renewal in March. I
respectfully request to submit this to the Committee of the Whole for discussion and either renewal or revision.
Refer to Committee of the Whole
#85
By Councilor Troubetaris;
Ordered: That the City Council grant permission to the Ayers Ryal Side PTO to hang a banner across Cabot Street on behalf of their
Spring Fair. The banner will be hung by a licensed and insured rigger.
Receive and Place on File
-
Meeting adjourned: 7:40 PM
Frances A. Macdonald, CMC
City Clerk
8/24/2009