2012-04-02Regular Meeting
Page 1 of 12
Beverly Meeting Minutes
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Sunday, April 15, 2012 1 :23 PM
To: pguanci @beverlyma.gov; jsilva @beverlyma.gov; sdullea @beverlyma.gov;
mtroubetaris @beverlyma.gov; wslate @beveryma.gov; Jim Latter; shouseman @beverlyma.gov; Don
Martin; Brett Schetzsle; minutes @beverlyma.gov; BETTERGOV1 @aol.com
Subject: 4- 2- 2012Regular Meeting.doc
Regular Meeting
Beverly City Council 7:00 PM April 2, 2012
Roll Call: Councilors Present: P. Guanci, D. Scott Dullea, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr.,
Jason C. Silva, Donald Martin, Brett Schetzsle, Maureen Troubetaris,
Pledge of Allegiance to the Flag: cou„ciloroUllea
Acceptance of Minutes from March 12 and March 19
Public Speakers:
1. Elizabeth Dunne, Chair of Open Space &Recreation (Semi - Annual Report)
Councilor Houseman: Resolution for Dr. Mayo Johnson
RESOLUTION
City Council
City of Beverly, Massachusetts
Dr. Mayo Johnson
Be it known that the Conservation Commission and City Council of the City of Beverly,
Massachusetts, offer their sincere thanks and appreciation to Dr. Mayo Johnson, for his dedicated
service to the City as a long -time member of the Conservation Commission:
Whereas.* Dr. Johnson served on the Conservation Commission for 18 years with great
dedication lending his skills and knowledge to complement the Commission's
overall expertise.
Whereas.* Dr. Johnson was a very thoughtful and fair - minded Commission member — taking
time to carefully listen to applicants' proposals and evenly applying the wetlands
regulations in making his decision on whether to support or deny a project.
Whereas.* Dr. Johnson was always providing valuable input during public hearings in his
questioning of applicants fairly and without prejudice.
Whereas.* Dr. Johnson was constantly improving his understanding of wetland and coastal
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hydrology and the constantly changing wetlands regulations with attendance at Massachusetts
Association of Conservation Commissioners (MACC) training classes and the MACC
Annual Meetings in Worcester.
Whereas.* Dr. Johnson was instrumental in developing and assisting in the adoption of Beverly's own
Municipal Wetlands Protection Ordinance in 2001 and subsequent Regulations in 2003
and 2005.
'Whereas.* Everyone on the Beverly Conservation Commission and the public who got to know him
will certainly miss Dr. Johnson's dedication, expertise and cheerful smile. His zeal for
public service for these past 18 years is a model for all citizens of Beverly.
wherefore be it Resolved:
rlson, on behalf of the City of Beverly and the Conservation Commission, the City Council thanks you, for
your great interest in protecting Beverly's environmental resources and volunteering your time for these past
18 years. You will be missed. The Commission and the City Council extends its very best wishes to you for
a future of happiness and good fortune.
Paul M. Guanci D. Scott Dullea JasonC.Silva
James. F. Latter D. Wesley Slate, Jr. Maureen E. Troubetaris
Donald G. Martin Brett Schetzsle Scott D. Houseman
Mayor Scanlon: Proclaimed April 2,2012 Dr. Mayo Johnson Day
Communications from His Honor the Mayor:
#71
April 15, 2012
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, Massachusetts 01915
Re: Affordable Housing Units at Burnham Apartments, 363 -399 Rantoul Street
Dear Honorable Council:
I hereby request City Council authorization to sign the attached Regulatory Agreement relative to the
Burnham Apartments project at 363 -399 Rantoul Street.
You may know that the City's Inclusionary Housing Ordinance required that five of the thirty -eight
apartment units in this project be reserved as affordable housing units. To comply with this requirement,
the developer (Windover Burnham LLC) has prepared the attached Regulatory Agreement (RA) for
submission to the State's Department of Housing and Community Development (DHCD). The
Regulatory Agreement lays out the terms of unit affordability and monitoring for the project.
Execution of this document will allow DHCD to include these units in the City of Beverly's subsidized
housing inventory in the future.
Please feel free to contact City Planner Tina Cassidy if you have any questions relative to this request.
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Very Truly Yours,
Refer to Legal Affairs
#72
March 29, 2012
Mayor William F. Scanlon, Jr.
City Hall, 191 Cabot Street
Beverly, MA 01915
Page 3 of 12
RE: SUBMISSION OF PROPOSED AMENDMENTS TO SECTION 29 -24.C. AND 29- 2.B.1. OF THE
ZONING ORDINANCE RELATIVE TO ACCESSORY APARTMENTS
Dear Mayor Scanlon:
On behalf of the Zoning Board of Appeals (ZBA) and its staff, I respectfully request that you consider submitting
the attached zoning amendments to the City Council for its consideration. This submission includes an implicit
request that the City Council sponsor the amendments in order to meet the requirements of Mass. General Laws
Chapter 40A Section 5.
Several people (Municipal Inspections Director Steve Frederickson, ZBA Chair Day Ann Kelley and ZBA member
Scott Ferguson, Associate Planner Kate Newhall and me) met over a period of several months to draft the attached
proposal on the ZBA's behalf. The ZBA fully supports these amendments and hopes for expeditious approval.
The proposed amendments would revise both the existing definition of "accessory apartments" and replace the
existing "accessory apartments" ordinance in its entirety.
On behalf of the ZBA and others, thank you for your consideration. Please let me know if you have any questions
regarding this request.
Respectfully,
Tina P. Cassidy, Director
Planning & Development Department
Proposed Zoning Amendments
April 2012
1. Amend Section 29- 2.13.1. of the Zoning Ordinance (Definition of "Accessory Apartments ")
by striking the existing definition and replacing it with the following:
"1. Accessory partment - A dwelling unit located within an owner - occupied single- family
dwelling with one or more rooms including kitchen and bathroom facilities that are
separate from those of the principal dwelling. The unit shall be constructed so as to
maintain the appearance and essential character of a single- family dwelling. Only
relatives (i.e. brothers, sisters, parents, grandparents, in -laws, children and /or
grandchildren) of the residing owners of the principal dwelling unit may occupy the
unit.
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(Editor's note: The existing definition of "Accessory Apartments" that would be replaced by the
above amendment currently reads: "A dwelling unit of at least 600 square feet in floor area, which is
within a single - family home and is occupied by a person related within the third degree of
consanguinity to the record owner of the single- family. ")
2. Amend Section 29 -24.C. of the Zoning Ordinance (entitled "Special Provisions for Accessory
Apartments ") by striking the section in its entirety and replacing it with the following:
C. Special Provisions for Accessory Apartments
1. Intent and Objectives
The requirements and procedures outlined in this section are not intended to encourage
variances to allow for the construction of larger dwellings for the use of accessory
apartments. Instead they are intended to:
a. Enable homeowners of single - family dwellings larger than required for their
present needs to share space and burdens of home ownership with a relative(s);
b. Create feasible housing alternatives for elderly people or other relatives looking to
stay in their homes, yet receive help they need for or from other relatives;
c. To encourage a diverse population with a particular focus on senior citizens and
young adults through the creation of an accessory apartment in the familial home.
2. Condition and Requirements
Notwithstanding provisions in this Chapter to the contrary, the Zoning Board of Appeals may
consider the granting of a Special Permit for the alteration of an existing, single - family residence
to include an Accessory Apartment in any residential zone, subject to the following provisions:
a. An accessory apartment may be occupied by a maximum of two people.
b. The alterations /additions necessary to create the accessory apartment shall be
limited to the principal dwelling.
c. There shall be no more than two (2) dwelling units on said property, including
the accessory apartment.
d. The owner of record shall reside in one of the two dwelling units, which shall be
said owner's principal residence.
e. The size of the accessory apartment is not to exceed the lesser of 900 gross
square feet or 30% of the gross floor area of the principal unit. The square
footage of the accessory apartment must meet the minimum requirements of
the state's sanitary code.
f. The accessory apartment shall be a self - contained dwelling unit that shares a
common wall with the primary dwelling unit. The common wall shall have a
doorway that provides direct access between the accessory unit and the primary
unit.
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g. The dwelling unit shall have only one front entrance; any new entrance shall be
located on the side or in the rear of the building. Where two or more entrances
already exist on the front facade of a dwelling, modifications made to any of
the entrances shall result in one entrance appearing to be the principal entrance
and other entrance(s) appearing to be secondary. All stairways leading to
second or third stories shall be enclosed within the exterior walls of the
dwelling.
h. The accessory apartment will have no more than two (2) bedrooms.
i. The Special Permit for an accessory apartment shall terminate:
1. Upon the death of the designated occupant; or
2. Upon the change of residence of the designated occupant (see subsection k.
below); or
3. Upon the transfer of ownership of the premises.
Following termination of said Special Permit the owner shall remove the
kitchen built as a result of the Special Permit within ninety (90) days.
The house will then revert to a single - family residence. The accessory
apartment shall not be held in, or transferred into separate ownership
from the principal dwelling under a condominium form of ownership, or
otherwise.
j. An affidavit by the record owner, sworn under penalties of perjury, with proper
documentation is required with the application to certify that the accessory
apartment living area is for a relative(s). The affidavit must provide the name(s) of
the relatives who will reside in the accessory apartment (the "designated
occupants "). The Special Permit shall be issued to the owner of the property and
occupancy of the accessory apartment by the designated occupants will be a
condition of the Special Permit.
k. The Building Inspector shall have the right at a reasonable time to inspect the
premises to determine compliance per requirements of this ordinance and the
Special Permit. Refusal of this inspection may result in the revocation of the
special permit.
L In granting a Special Permit the Board may impose such conditions, including
requirements for off street parking and limitations on other accessory uses of the
premises, as it may deem appropriate to avoid detriment to the neighborhood or to
nearby persons or property. The Board shall evaluate each Special Permit
application that involves exterior changes in the appearance and character of the
neighborhood and may require that there be no change or minimal change to any
building facade oriented toward a public way or visible from a public way.
(Editor's Note: The existing zoning provision for "Accessory Apartments " is attached hereto
for reference.)
Existing Zoning Provision for Accessory Apartments
(in effect as of March 1, 2012)
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"C Special Provisions for Accessory Apartments
Notwithstanding provisions in this Chapter to the contrary, the Zoning Board of Appeals may
consider the granting of a temporary Conditional Permit use for the alteration of an existing,
single-family residence to include an Accessory Apartment in any residential zone, subject to
the following provisions:
1. An accessory apartment may be permitted to accommodate a person to live in proximity to,
but with independence from, a relative.
2. The application shall designate the individual who is to occupy the accessory apartment. The
temporary Conditional Permit shall be issued to the owner of the property.
3. The alterations shall be limited to only one building, which shall be the main building on the
property, and any major changes shall be within the existing structure.
4. There shall be no more than two (2) dwelling units on said property, including an accessory
apartment.
S. The owner of record shall reside in one of the two dwelling units, which shall be said owner's
principal residence.
6 Both the existing dwelling unit and the accessory apartment shall comply with the minimum
size requirements mandated by this Ordinance.
7. The accessory apartment shall be aself- contained dwelling unit with separate cooking,
sanitar y and sleeping facilities for the exclusive use of the designated occupant.
8. The dwelling unit shall have only one ftont entrance, when practical.
9. The two dwelling units shall contain no more than four (4) bedrooms and one (1) bedroom,
respectively, unless the existing single-family residence has more than five (5)
bedrooms, in which case the existing number of bedrooms shall be maintained as the
total of both units.
10. The temporary Condition Permit, if granted, shall Nun for a period of four (4) years and
may be renewed every four (4) years thereafter, by the City Clerk. Upon re-
application by the record owner, the City Clerk shall review the Permit only if the
conditions which led to its original granting still exist and all other requirements
which apply to an original application are met. The City Clerk may consult the
Building Inspector, the Planning Department, or other appropriate City agency with
concern to the re-application process described above.
11. The temporary Conditional Permit for an accessor y apartment, and any renewal of said
temporary Conditional Permit, shall terminate:
1. Upon the death of the designated occupant; or
2. Upon the change of residence of the designated occupant; or
3. Upon the transfer of ownership of the premises, if such transfer is unrelated to the
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issuance of the temporary Conditional Permit; or
4. Upon the expiration of the permit period set forth above.
The City Clerk shall notify the Building Inspector of any change of occupancy. Following
termination of said temporary Conditional Permit, the designated occupant (of the accessory
apartment) shall have ninety (90) days to relocate; the kitchen built as a result of the temporary
Conditional Permit shall be removed by the owner ninety (90) days after the designated
occupant leaves. The house will then revert to a single-family residence. (C 1. - 11. Rev. 6 -26-
87)
Commercial Mobile Radio Service transmission facilities, structures, and /or towers are allowed
by Special Permit (Ord. No. 115, 6- 11 -96). "
Refer to Legal Affairs
#73
March 29, 2012
Beverly City Council
191 Cabot Street
Beverly, MA 01915
Dear Councilors:
In May of 2006 the City of Beverly offered for sale land located at 10 and 40 Sam Fonzo Drive. Two
bidders responded to the City's Request for Proposals, and each proposer offered to buy a portion of the
parcel then identified as Lot 17 on Land Court Plan 31995 -G.
One bidder, David S. Fonzo of S &D Real Estate Trust, has already taken title to 40 Sam Fonzo Drive
(labeled as Parcel 30 on what is now called Land Court Plan 31995 -L). The other, Kelleher Construction
Co., Inc., was awarded the bid for 10 Sam Fonzo Drive (labeled as Lot 29 on Land Court Plan 31995 -L)
at a price of $145,000.00, but has not yet closed. The City Solicitor has determined that Kelleher's
proposal is still enforceable. Recently Kelleher assigned its rights in this transaction to a company known
as "The 2008 LLC", a company affiliated with The Flatley Company (Flatley). A copy of the Land Court
Plan is attached for reference.
Flatley already owns a larger adjacent parcel. During the passage of time changing conditions on the
ground caused the Flatley parcel to become encumbered by wetlands. The presence of these wetlands
greatly impairs the opportunity for development on the Flatley parcel.
Flatley has applied for and received permission from the Beverly Conservation Commission to replicate
the wetlands now on its property on the "RFP" parcel of land at 10 Sam Fonzo Drive (see copy of Order
of Conditions enclosed). This should allow for a larger overall building and more tax revenues than
would the separate development of each lot. In accordance with the Order of Conditions, and if it were
allowed to do so, Flatley would do the following:
Purchase the subject City parcel for the full amount of the purchase price of $145,000, and on the
same day, transfer ownership of the parcel back to the City and into the care and custody of the
Beverly Conservation Commission as a gift from the developer, reserving the right to complete the
wetlands replication on the RFP parcel.
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In order to complete this transaction the City Council would have to formally accept the return of the
parcel to City ownership and give The 2008 LLC permission to enter the parcel in order to carry out any
work necessary to replicate the wetlands. A proposed Order of the Council is enclosed herewith for your
consideration as is a copy of the proposed deed.
City Solicitor Roy Gelineau or I are available to respond to any questions you have about the proposed
transactions.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Refer to Legal Affairs
#74
April 2, 2012
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation Mr. Martin C. Lian, 24 Grover Street and
Ms. Wendy Pearl, 15 Andover Road to serve as members of the Beverly Historic District Commission.
Their terms to be effective until April 1, 2015.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Refer to Legal Affairs
Communications from other City Officers and Boards:
#75 - Communication from City Clerk re: Renewal of Petroleum Storage Licenses 2012/2013.
Refer to Legal Affairs
#76 - Semi-Annual Report from Open Space &Recreation.
Refer to Legal Affairs
4/19/2012
Regular Meeting
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#77 - Communication from City Clerk re: Renewal of Second Hand Junk Dealers Licenses - 2012/2013.
Refer to Legal Affairs
Communications, Applications and Petitions:
#78
Application for Hawkers &Peddlers License —John Phelps, 46 Jordan St.
Refer to Legal Affairs
#79
Application Sandwich Board Sign (H & R Block) 157 Cabot St.
Refer to Legal Affairs
Reports from Committees:
#38
The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Trustees
Certificate /Quit Claim deed 85 Haskell St. 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 of the City of Beverly accept the gift of real estate from the Trustees of
the 87 Haskell St. Realty Trust conveying all their rights, title in interest in the property commonly
known as 85 Haskell St.
Order read once and adopted 9 -0 Vote
# 62
The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Adoption of
Local Option Amending Section 12(2) (D) of Chapter 32 Beverly Contributory Board have considered said matter
and beg leave to report as follows, to wit:
Recommend the Council adopt the local option allowed under Sec.29 & 30 of Chapt. 176 Acts of 2011
Order read once and adopted 9 -0 Vote
#21
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Order:
Councilor Houseman that a "No Parking Here to Corner" sign be installed on the easterly side of Hale St.
20ft. south of Ober St. have considered said matter and beg leave to report as
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Regular Meeting
follows, to wit:
Receive and Place on File
Order read once and adopted 9 -0 Vote
#24
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The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Order: Councilor Slate: re
Time restricted parking — adjacent McPherson Youth Center- 4 McPherson Dr. have considered said matter and beg
leave to report as follows, to wit:
Receive & Place on File
Order read once and adopted 9 -0 Vote
#60
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Request for a waiver of
Ordinance re: Alcohol on Public Property (Obear Park) from the Herman a. Spear Post (Scott Perry) have considered
said matter and beg leave to report as follows, to wit:
Recommend the request be denied
Order read once and adopted 9 -0 Vote
#60
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application for Second
Hand Junk Dealers License (Plum Consignment LLC —156 Cabot St. (Pamela Hulbert) 50 Rantoul St. Beverly, MA. have
considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the License
Order read once and adopted 9 -0 Vote
#67
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Request for
waiver of ordinance re: Alcohol in Public Buildings (Beverly Farms Library) Carmela Martin — 19 vine St.
Beverly, MA. 01915 have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the request
Order read once and adopted 9 -0 Vote
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Regular Meeting
#68
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The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Order:
Councilor Slate relative to amendment of Ordinance Stopping, Standing & Parking Sec. 21.13 Off Street
Parking Generally 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 twelve
An Ordinance Amending an Ordinance Section 21.13 Stopping, Standing and Parking Off — Street
Parking Generally
ADD (vi) In the parking area at 4 McPherson Drive, there shall be 3 Handicap spaces and the
remainder of the lot shall be marked "Parking for Youth Center & Public Park Only/ All others Will Be
Towed At Owner's Expense ".
AND (v) Towing of vehicles parked in special areas.
ADD (i) 4 McPherson Drive, vehicles not identified as Youth Center /Public Park patrons.
First Reading: March 19, 2012
Second Reading: April 2, 2012
Ordinance read once and held for advertising and final passage as per charter provisions 9 -0
#51
The Committee on Public Services /Committee of the Whole to whom was referred the matter of Petition
— National Grid installation of underground concrete encased conduits (Bow St.) have considered said
matter and beg leave to report as follows, to wit:
Recommend the Council approve the Petition
First reading: February 21, 2012
Public Hearing: March 19, 2012
Second Reading: April 2, 2012
Order read once and adopted 9 -0
Unfinished Business:
Motions and Orders:
# 80
Order: Councilor Houseman (late file)
Resolution for Dr. Mayo Johnson
Receive & Place on File
4/19/2012
Regular Meeting
Order: Councilor Troubetaris
Amendment of Ordinance — Beverly Harbor Mgt. Authority
Refer to Legal Affairs
Meeting adjourned: 8:45PM Attest: Kathleen P. Connolly, CIVIC
City Clerk
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