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2010-04-05 Regular Meeting Page 1 of9 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Thursday, April 08, 2010 9:28 AM To: minutes@beverlyma.gov Subject: April 5, 2010 Regular Meeting Beverly City Council 7:00 PM April 5, 2010 Roll Call: Councilors Present, Judith A. Cronin, Patricia A. Grimes, Paul M. Guanci, Kevin Hobin, James F. Latter, Donald Martin, D. Wesley Slate, Jr., Maureen Troubetaris, Michael P. Cahill Pledge of Allegiance to the Flag: Led by Councilor Cronin Public Hearings and Public Speakers: 7:05 PM Mary Rodrick Presentation 7: 10 PM Rosemary Maglio re Carratu Park/Bus Maintenance 7: 15 PM Public Hearing Petition National Grid Folger Ave. Refer to Public Services 7:20 PM Public Hearing Petition National Grid JO Pole Dix Way Refer to Public Services 7:25 PM Public Hearing re Easement to National Grid for BHS Refer to Public Services 7:30 PM Parking & Traffic Presentation Acceptance of Minutes: Meeting of March 15, 2010 Presentations, Awards and Memorials: Appointments: # 62 City Clerk - Frances A. Macdonald # 63 Clerk of Committees - Kathleen P. Connolly Communications from His Honor the Mayor: 4/16/2010 Regular Meeting Page 2 of9 #64 April 5, 2010 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached for your approval is a Certificate of Authorization and Letter of Support to accompany a grant application to the Massachusetts Historical Commission's (MHC) Preservation Projects Fund. The application is for $100,000 in grant funding to begin repairs on the exterior of the Clubhouse at the Beverly Golf & Tennis Club. I hereby request that you grant authorization to proceed with the application and sign the Letter of Support. Very truly yours, William F. Scanlon, Jr., Mayor Refer to approved #65 April 5, 2010 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members of the Beverly Golf and Tennis Commission: William Lowd 18 Pierson Street February 1, 2012 Martin Lawler 109 Water Street February 1, 2013 Richard Barger 63 Neptune Street February 1, 2013 Douglas Richardson 4 Arrowhead Lane February 1, 2012 The expiration date of their terms is noted above. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #66 Aprill 5, 2010 4/16/2010 Regular Meeting Page 3 of9 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Gary Lambert, 9 Bass River Road to serve as a member of the Beverly Golf and Tennis Commission. Mr. Lambert will complete the term of Mr. Jeffrey Klein who recently resigned from the Commission. His term will expire on February 1, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #67 April 5, 2010 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following citizens to serve as members of the Emergency Management Department Christopher B. Besse, 16 Taft Avenue Scott E. Butterfield, 17 Swan Street Peter B. Davekos, 5 Brookhead Avenue Connor H. Grenier, 10 Peabody Avenue Ethan J. Martenson, 5 Dondi Road Matthew J. Morris, 2002 Broughton Drive Justin S. Pariseau, 6 Fitzgerald Way Zachery D. Spurr, 26 Bisson Street These appointments will fill vacancies left by the departure of: Dennis Amiro, Donald Calnan, Daniel Hering, Timothy Migneault, Frank Monastiero, Corey Reeves, James Smith and Michael Wilson. These appointments are at the request of Mark Foster, Emergency Management Director. A copy of his request is attached for your information. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #68 April 5, 2010 Honorable City Council City Hall Beverly, MA 01915 4/16/2010 Regular Meeting Page 4 of9 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mrs. Mary Lou Ferriero, 12 Clifton Avenue to serve as a Trustee of the David S. Lynch Public Parks Fund representing the Beverly Improvement Society. Mrs. Ferriero will complete the term of Mrs. Myrna Wilczek who recently stepped down. Her term will expire on September 30,2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #69 April 5, 2010 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Walter F. Sorenson, 11 Rocky Woods Road, Groveland, MA to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Sorenson's application for reappointment, which has been approved by Police Chief Mark Ray. Mr. Sorenson's term will be effective until March 31, 2013. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leoal Affairs Communications from Other City Officers and Boards: #3A April 8, 2010 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: COUNCIL ORDER #3: PROPOSED ZONING AMENDMENT - SECTION 29-24.E. RESIDENTIAL REUSE OF EXISTING AND FORMER PUBLIC BUILDINGS - RECOMMENDATION FROM PLANNING BOARD Dear Honorable Council: The Beverly Planning Board held a joint public hearing with the City Council relative to the above-referenced request on March 15, 2010. The public hearing was closed at this meeting. Members further discussed this amendment at their regular meeting on March 16, 2010. At the March 16th meeting, further revisions were discussed to address comments and concerns brought up at the March 15th joint public hearing. These revisions involved modifying the proposed language to make it clear that the exemption from OSRD requirements under Section 29-24.E. applies only to lots on which there is a building. Additional clarification on the affordable housing requirements was also proposed. After some discussion, the Board voted to recommend to the City Council that Council Order #3 be ADOPTED with revisions as 4/16/2010 Regular Meeting Page 5 of9 shown in the attached document entitled, "Proposed Section 29-24.E. amendments reflecting Planning Board's recommendations March 17, 2010". Sincerely, Richard Dinkin, Chairperson Refer to Leoal Affairs #70 April 2, 2010 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: 146 CABOT STREET - BEVERLY HOLISTIC HEALTH SANDWICH BOARD SIGN Dear Honorable Council: At the April 1, 2010 meeting of the Beverly Design Review Board ("the Board") the members of the Board considered an application for a sandwich board sign to be displayed at the above referenced location. The PVC sign measures 24" in length and 36" in height. The background will be a sage green with black text reading, "Acupuncture & Massage Therapy" "Beverly Holistic Health". Following discussion, the Board expressed support to approve the design of the sign as presented. Thank you for your consideration and the opportunity to comment on this application. Please do not hesitate to contact me if you have any questions relative to the Board's deliberations. Associate Planner Refer to Leoal Affairs #71 Communication from planning re Open Space Residential Design Initial Review application #02-10 875 & 875 ~ Hale Street, Montrose school Park, LLC Refer to Leoal Affairs #72 April 1 , 2010 Beverly City Council City Hall Beverly, MA 01915 Dear Honorable Council: Please be informed that the Beverly Retirement Board (the "Board") has scheduled a meeting on May 6, 2010 at 6:00 pm to consider and vote on a Cost of Living Adjustment (COLA) for retired members and survivors of the Beverly Retirement System for Fiscal 2011. Annual 4/16/2010 Regular Meeting Page 60f9 COLAs of up to 3.000/0 can be approved by the Board and will apply to the first $12,000 of a retiree's or survivor's annual benefit. As required by law, the Public Employee Retirement Administration Commission ("PERAC") reports to the Board the change in the Consumer Price Index (the "Index") for each year. The Board may approve COLAs up to the maximum of 3.000/0 that do not exceed the amount of the change in the Index Notwithstanding the foregoing, since the Index for this year is reported as 0.000/0, the approval of any COLA amount must be taken at a special meeting of the Board and the local legislative body must be informed of the decision to call such meeting. Accordingly, please accept this letter as the notice required by Massachusetts General Laws Chapter 32, Section 103, Paragraph (i). Very truly yours, Barbara Wells, Administrator Refer to Finance and Property Communications, Applications and Petitions: #73 Communication re Sewer Connection Alan Indeck, Hidden Road Receive and Place on File Refer to City Solicitor #74 Application Second Hand Junk Dealers License, ReRun Boutique, 330 Rantoul St. Refer to Leoal Affairs #75 Request waiver of Alcohol in Public Building Ordinance, Ronald C. Pruett, for occasion at BF Library April 8, 2010 from 6:00 PM to 8:00 PM. Recommend adoption of the Order #76 Communication from American Diatetes Association re Tour de Cure may 22, 2010 Receive and Place on File #77 Communication relative to condition of Green Street Refer to Public Services Reports from Committees: 4/16/2010 Regular Meeting Page 70f9 #3 The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Zoning Ordinance have considered said matter and beg leave to report as follow, to wit: Submit the accompanying ordinance and recommend its adoption In the year two thousand and ten An Ordinance amending an ordinance relative to Zoning, Sec. 29-24.E. E Residential Reuse of Existinq and Former Public Buildinqs (Ord. No.1., 4-6-07) DELETE: Sections 1-5 ADD: 1. Purpose - To provide for the productive reuse of existing or former public buildings and the lots on which they are located primarily for residential purposes, and to provide affordable housing opportunities for low/moderate income households. 2. Use Regulation - In any zoning district, the City Council may allow by Special Permit the reuse of an existing or former public building and the lot on which it is located, as hereinafter defined, for residential purposes and for other supporting use(s) the Council may determine are appropriate, provided that twelve percent ( 120/0) of such allowed housing units are set aside for low or moderate income tenants or owners as hereinafter defined. The Special Permit may allow a greater number of residential units than would otherwise be permitted under the building and area requirements applicable to the zoning district in which such building and lot are located. In the case of units to be owned or occupied by low or moderate income households, such units shall be subject to an affordable housing restriction that contains limitations on use, occupancy, sale, resale and rents, and provides for periodic monitoring to verify compliance with and to enforce said restriction. The affordable housing restriction shall run with the land and be in force in perpetuity or for the maximum period allowed by law, and be enforceable under the provisions of Chapter 184, Section 26 or Sections 31-32 of the Massachusetts General Law. Each affordable unit created under this Section shall be sold or rented to a household with income at or below 800/0 of the area median income that applies to subsidized housing in the City of Beverly, as reported annually by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size. For any special permit issued under this Section, the provisions of Section 29-24.B. (Open Space Residential Design - OSRD) shall be optional. 3. Public Building Defined - For purposes of this section, "public building" shall be defined as any building together with the lot on which it is located that is currently or formerly owned by the City of Beverly or any of its departments, authorities, or agencies. 4. Low or Moderate Income Household - For purposes of this section, "low or moderate income household" shall be defined as those whose annual income falls within the income guidelines for low or moderate income as determined by the US Department of Housing and Urban Development for the Boston-Cambridge-Quincy MA - NH - MSA . 5. Parking - Parking shall be provided as required by Section 29-25. of the Zoning Ordinance.. Ordinance read once and held for final passaoe as per charter provisions 9-0 Vote #39 4/16/2010 Regular Meeting Page 80f9 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Appointment- Constable - Nathaniel Greene 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 #44 - The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application Hawkers and Peddlers License Frank Iritani 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 #49 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Appointment Constable - Scott Kugel have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and 9-0 Vote #52 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Approval of Five Year Lease Beverly golf & Tennis 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 #53 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Conservation Easement 150 Sam Fonzo Drive 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 Conservation Commission to accept the enclosed Conservation Easement for 150 Sam Fonzo Drive. Order read once and adopted 9-0 Vote #54 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of applications for 2010 petroleum storage licenses have considered said matter and beg leave to report as follows, to wit: Recommend the licenses be granted 4/16/2010 Regular Meeting Page 90f9 Order read once and adopted 9-0 Vote #30 The Committee on Public Services / Committee of the Whole to whom was referred the matter of a communication relative to snow plowing 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 #58 The Committee on Public Services to whom was referred the matter of Petition of National Grid for JO pole relocation at Dix Way have considered said matter and beg leave to report as follows to wit: Recommend the Petition be Granted Order read once and adopted 9-0 Vote #59 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Communication from BF Improvement Association re Pole at Dix Way 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 Unfinished Business: #41 Ordinance MV & T 15 minute parking 182 Cabot St. #42 Ordinance MV & T Parking Prohibited Rantoul, Elliott & Cabot #43B Ordinance MV & T Parking Prohibited Haskell St. Motions and Orders: #78 By Councilor Slate: Ordered: That the City Council, upon request of Library Director Pat Cirone and the suggestion of Police Chief Mark Ray, consider an Ordinance change similar to that of the City of Quincy's Order #2009-033, Registered Six offender Restrictions", and that the City Solicitor be requested to present an opinion of same. Refer to Leoal Affairs and Solicitor to attend April 12 Meeting Adjourned: 9:00 PM Attest: Frances A. Macdonald, CMC City Clerk 4/16/2010