2015-04-167an.202015 Meeting
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Thursday, April 16, 2015 5:00 PM
To: councilors @beverlyma.gov; minutes @beverlyma.gov;
BETTERGOVI @aol.com
Subject: 7an.20,2015, Meeting
Regular Meeting
Beverly City Council 7:00 PM Monday April 6, 2015
Roll Call: Councilors: John P. Frates Jr.(absent), Scott D. Houseman, David J.
Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire,
Jason C. Silva ,
Paul M. Guanci
Pledge of Allegiance to the Flag: Councilor Martin
Acceptance of Minutes: Regular Meeting of March 16, 2015
Public speakers
1. Mr. Louis Bourgeois
Public Hearings:
7:20 PM #282 -D Windover McKay, LLC Special Permit
Refer to Legal Affairs
7:45 PM #314 joint Public Hearing re: Amendment to Zoning Ordinance(BHD) Beverly
Harbor District
Refer to Legal Affairs
Presentations, Awards and Memorials:
Presentation - Charlie Mann, Chair of open space & Recreation Committee (2015 Semi -
Annual Report)
Communications from His Honor the Mayor:
#328
April 6, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I respectfully request that you approve an appropriation from the Recreational
Enterprise
Fund balance in the amount of $60,000 in support of the Lynch Park bathroom project.
As you know, we are committed to replacing those bathroom facilities for the coming
recreational season.
These funds, along with the CPC appropriation approved earlier this year and a
generous
allotment from the Lynch Park Trustees will provide the necessary funding to
complete
this project. This appropriation request will warrant a public hearing; therefore
could you
please set a public hearing for your April 21, 2015 scheduled meeting.
Please initiate action on this matter at your next City Council meeting, April 6,
2015.
Page 1
Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Refer to Finance and Property
#329
April 6, 2015
7an.202015 Meeting
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I respectfully request that you approve a cumulative interdepartmental transfer of
$342,772 from the retirement reserve and the unforeseen reserve line items. This
transfer
is necessary to fund buyout costs associated with various retirements throughout the
city,
salary costs associated with fire dispatch services and expected shortfalls in the
veteran
benefits and solicitors' outside counsel budgets. Attached please find the account
listings
for the proposed transfer.
Please initiate action on this matter at your next City Council meeting, April 6,
2015.
This transfer request will require a public hearing be set prior to a Council vote.
Thank
you.
Sincerely yours,
Michael P Cahill
Mayor
Refer to Finance and Property
#330
April 6, 2015
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Department of
Planning
and Development, has received a FY 2015 Massachusetts Historical Commission survey
and Planning Grant from the Massachusetts Historical Commission in the amount of
$12,500. This is a 50/50 matching grant totaling $25,000 to be funded by MHC and
CPA funds. The Beverly Community Preservation Committee has submitted a request to
the City Council to appropriate $12,500 from the Community Preservation Fund
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7an.202015 Meeting
Historic
Preservation Reserve to serve as the City's matching funds, correspondence for which
you will receive at your April 6, 2015 meeting.
with your approval, this grant will support the Beverly Historic Resources Study
project.
Massachusetts General Law Chapter 44 section 53A requires both Council and Mayoral
approval before any grant or gifts to the city can be expended for their prescribed
purpose. I therefore request the Council approve this grant by taking action on
this matter
at your upcoming meeting of the City Council on April 6, 2015. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Refer to Finance and Property
#331
April 6, 2015
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 on the solid waste Management Committee:
Mr. Charles Perlo, 34 Bisson Street
Ms. Maureen Cronan, 3A Folger Avenue
Ms. Connie Krueger, 10 Seward Avenue.
Their terms are to be effective until March 31, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Refer to Public services
#332
April 6, 2015
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
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7an.202015 Meeting
I hereby appoint, subject to your review and recommendation Mr. D. Wesley slate, 26
Lothrop Street to serve as the Beverly Democratic City Committee's representative on
the
Registrars of voters.
His term is to be effective until March 31, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
order read once and adopted: vote 9 - 0
Communications from other City officers and Boards:
#333
Communication from Traffic /safety office DiRuzza re: Handicap Parking sign @ 4
Jordan St.
Refer to the Committee on Legal Affairs
#334
Communication from the Retirement Board re: Cost of living adjustment.
Receive and Place on File
#335
Communication from the Open Space & Recreation Committee (Semi - Annual Report)
Receive and Place on File
#336
Communication from the Community Preservation Committee re: special (out- of- Cycle)
Application
Refer to the committee on Finance & Property
#337
(Late File)
Communication from Council President Guanci re: Brimbal Ave. /Sohier Rd. connector
road AD-
Hoc Committee
order read once and adopted: vote 9 - 0
Communications, Applications and Petitions:
#338
Communication from American Diabetes Association re: Tour de Cure
Receive and Place on File
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7an.202015 Meeting
#339
Application for a License to Peddle - Food Cart (Nicole 7. Birarelli)
Receive and Place on File
#340
Application - Amusement Device License - (Juke Box) Pickled onion)
Refer to the Committee on Legal Affairs
Reports from Committees:
#323
The Committee on Finance and Property /Committee of the whole to whom was referred
the
matter of Request for the establishment of a Trust Fund for (OPEB) other Post
Employment
Benefits Liability have considered said matter and beg leave to report as follows,
to wit:
Recommend the Council adopt MA General Law Chapter 32B section 20
order read once and adopted 9 -0 vote
#328
The Committee on Finance and Property /Committee of the whole to whom was referred
the
matter of request for approval of appropriation from the Recreational Enterprise
Fund for
$60,000.00 in support of the Lynch Park bathroom project 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 will hold a Public Hearing on
Tuesday April
21, 2015 at 7:20 PM in City Council Chambers, third floor of City Hall, 191 Cabot
Street, Beverly,
MA relative to request for approval of appropriation from the Recreational
Enterprise Fund for
$60,000.00 in support of the Lynch Park bathroom project.
order read once and adopted 9 -0 vote
#329
The Committee on Finance and Property /Committee of the whole to whom was referred
the
matter of request for approval of $15,000.00 FY 2015 Traffic Enforcement grant for
the Beverly
Police Dept. from the MA executive office of Public safety & security have
considered said
matter and beg leave to report as follows, to wit:
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7an.202015 Meeting
submit the accompanying order and recommend its adoption
ordered: That the City Council of the City of Beverly will hold a Public Hearing on
Tuesday April
21, 2015 at 7:30 PM in City Council Chambers, third floor of City Hall, 191 Cabot
Street, Beverly,
MA relative to request for approval of a cumulative interdepartmental transfer of
$342
from the retirement reserve and the reserve for unforeseen line items to fund buyout
costs
associated with retirements citywide, salary costs relevant to fire dispatch and
expected
shortfalls in the veterans benefits and solicitors outside council budget.
order read once and adopted 9 -0 vote
#330
The Committee on Finance and Property /Committee of the whole to whom was referred
the
matter of request for approval of a FY -2015 MA Historical Commission survey and
Planning
Grant from the MA. Historical Commission for $12,500 according to MGL Chapter 44
section
53A 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
#282 -D
The Committee on Legal Affairs /Committee of the whole to whom was referred the
matter of
Request by windover McKay, LLC for a Public Hearing and Re- issuance of City Council
special
Permit under section 38 -24.E of the zoning ordinance to Authorize residential reuse
of a former
Public Building,131 McKay 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 approve the special Permit
based on the
entire record as submitted and proposed findings as approved on February 17, 2015.
AND:
on March 16, 2015, the City Council received the above - referenced request for the
re- issuance of
the City Council special Permit granted to windover McKay, LLC on February 17, 2015
(filed with
the City Clerk on March 3, 2015) (the "February 17th Decision ") after having held a
public hearing
on 7anuary 20, 2015 and February 17, 2015. The special Permit was granted pursuant
to section
38 -24.E. of the zoning ordinance and authorized the residential reuse of the McKay
school. The
purpose of the request for re- issuance was to address a potential procedural defect
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7an.202015 Meeting
in with
respect to notifying abutters. No changes were made to the project from what was
approved on
February 17, 2015. The City Council held a public hearing on April 6, 2015. The
following
Councilors were present and voting: Paul Guanci, Jason Silva, Matthew St. Hilaire,
David Lang,
Estelle Rand, lames Latter, Scott Houseman, Donald Martin and john Frates.
During its deliberation on April 6, 2015, the City Council considered statements and
information
submitted by the applicant and its representatives and the comments of the general
public
received during the public hearing. The Council also considered information
provided by the
City's Planning Director. The matter was referred to Legal Affairs subcommittee
where further
deliberation occurred. upon consideration of the factors enumerated in Beverly
zoning
ordinance 38- 24(E), the entire record, and the proposed findings dated February 17,
2015, Legal
Affairs voted 3 -0 to recommend that the full Council grant to the applicant a
special permit to
authorize the reuse and expansion of the McKay school, reaffirming and incorporating
by
reference the findings of fact set forth in detail in the February 17, 2015
Decision. Thereafter, the
City Council made and reaffirmed the following findings of fact, which also formed
the basis for
the February 17, 2015 Decision:
1. The proposed re -use of the former McKay school will be for 32 units of
rental housing,
with 12% of the units (4) being permanently restricted for affordable housing by way
of
permanent deed restriction. The project will provide for a productive reuse of an
existing
historic school building and will provide affordable housing opportunities in
accordance
with section 38 -24 and the City's Inclusionary Housing ordinance.
2. The new residential project will comply with all applicable dimensional and
parking
requirements, except for the pre- existing nonconforming height of the main building
which will be unchanged, and the front yard parking along McKay Street, which is
also a
pre- existing nonconformity.
3. The Planning Board has reviewed the site Plan and voted unanimously to
recommend
approval of the site Plan subject to the comments submitted by the Fire Chief, City
Engineer, Parking and Traffic Commission, Design Review Board and Public Health
Director, all as set forth in the Planning Board's recommendation letter dated
7anuary 29,
2015. The Planning Board has also issued a decision dated February 3, 2015
approving
the Applicant's affordable housing proposal, including the location and layout of
the
proposed 12% of rental units, and the accompanying Regulatory Agreement and
Affordable Housing Marketing Plan for those units.
4. on February 3, 2015, the Conservation Commission voted unanimously to
approve the
proposed project after two public hearings and a site walk.
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7an.202015 Meeting
5. on February 4, 2015, the zoning Board of Appeals voted unanimously to grant
a special
permit and finding, authorizing the proposed project as an allowed alteration and
expansion of an existing nonconforming structure which does not increase an
existing,
or create any new, nonconformities.
6. The Evaluation Committee for the City's Request for Proposals for this site
reviewed and
ranked the project during the bid process, and concluded that the proposed density
of
32 units should be ranked as "Advantageous" to the neighborhood. The project was
ranked as "Highly Advantageous" for all of the other comparative criteria in the
City's
Request for Proposals for this site.
7. The proposed project complies with the conditions for the issuance of a
special permit
contained in section 38- 280.2, as follows:
a. That the specific site is an appropriate location for the proposed
use, and
that the character of adjoining uses will not be adversely affected.
The school building has been unused and the site vacant for more than 5
years and its
reuse will be an improvement in the neighborhood. with an area of more than 2
acres,
the site can easily support the proposed unit count, together with the required
parking,
while still offering significant open space to residents. The site is conveniently
located
to the Cummings Center and to recreational amenities including the Beverly Golf and
Tennis Club. The site plan design and the scale of the proposed addition are both
sensitive to the neighborhood and care has been taken to minimize impacts to
neighbors
by screening parking and reducing the number of entrances to the site. In addition,
the
project includes an extensive landscape design with mature trees and plantings which
will
further integrate the site into the neighborhood and streetscape along McKay and
Balch
streets. The project increases usable access along the shoe Pond walkway thereby
providing improved public benefits.
b. That no factual evidence is found that property values in the district will
be
adversely affected by such use.
No factual evidence was offered or found that property values will be
adversely
affected. The proposed use will be in keeping with the current neighborhood, which
is a
mix of single - family residential homes and institutional uses such as the nearby
McKeown school building, the Cummings Center and the Beverly Golf and Tennis Club.
The improvement and beautification of this site will improve property values.
C. That no undue traffic and no nuisance or unreasonable hazard will result.
According to the Trip Generation manual, the project is expected to generate
212
vehicle trips per day, compared to the estimated 347 vehicle trips per day estimated
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7an.202015 Meeting
for
the building when it was used as an elementary school. The Parking and Traffic
Commission reviewed the site plan and determined that the projected vehicle trips
generated by the project will be relatively minimal during the AM and PM peak
traffic
period. In addition, as noted by the Commission, the project will improve existing
conditions by reducing the driveway curb cuts to two. The project will not create
any
nuisance or hazard.
d. That adequate and appropriate facilities will be provided for the proper
operation and maintenance of the proposed use.
All applicable fire and safety codes will be observed in the
construction of the project,
and there will be ample access for public safety and emergency vehicles. The site
is
presently served by municipal water and sewer, natural gas, cable, electricity and
telephone service. The site does not currently contain stormwater management
facilities,
whereas the project will include stormwater Best Management Practice to mitigate
potential impacts to stormwater quality prior to discharge off site, including
collection
and treatment measures which will improve existing site drainage upper shoe Pond and
McKay street, all of which has been reviewed and approved by the Conservation
Commission. secure trash removal and recycling facilities will be provided for
residents.
e. That there are no valid objections from abutting property owners
based on
demonstrable fact.
Any objections or concerns were raised by abutters during the public
hearing were
adequately addressed by the Applicant.
f. That adequate and appropriate City services are or will be available
for the
proposed use.
The project and its proposed use of City services has been reviewed
favorably by
various City departments including Engineering, City, Fire, Health and Public
services.
8. Based upon the foregoing, the proposed reuse of the former McKay
school for 32
apartments, as set forth on the proposed Site Plan, is an appropriate development
for
the site and otherwise complies with the requirements of section 38 -24 of the zoning
ordinance.
Based on the entire record as submitted and the proposed findings as approved on
February 17,
2015, the City Council then voted (9 - 0) to GRANT the request of windover McKay LLC
to issue
a special Permit under section 38 -24.E of the Beverly zoning ordinance to authorize
the reuse
and expansion of the former McKay school, situated at 131 McKay street (Tax Map 41,
Lot 76),
for 32 apartments and associated amenities, subject to the following conditions:
i. Twelve percent (12 %) of such apartments shall be reserved and
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7an.202015 Meeting
permanently
restricted as affordable housing units in accordance with the provisions of said
section 38 -24
and section 29- 34.1.3 of the zoning ordinance;
ii. The project shall be constructed in accordance with the site
Development Plan
set prepared by Meridian Associates, Inc., dated December 15, 2014, as revised
through 7anuary
26, 2015 (9 sheets); the Architectural Plan set prepared by Siemasko & verbridge,
Inc. dated
November 20, 2014 and December 18, 2014 (7 sheets); and the storm water Management
Report
prepared by Meridian Associates, Inc. dated December 15, 2014 and revised through
7anuary 26,
2015.
ii. The special Permit shall be subject to the Applicant's compliance
with the terms
and conditions contained in the following decisions and comment letters, all of
which are
incorporated into this decision by reference:
1. Planning Board Recommendation dated 7anuary 29, 2015;
2. Letter dated 7anuary 13, 2015 from Fire chief Paul cotter;
3. Letter dated 7anuary 20, 2015 and e -mail dated February 2, 2015 from
city
Engineer Gregory St. Louis;
4. Letter dated 7anuary 20, 2015 from Richard Benevento, chair of the
Parking and
Traffic commission;
5. Letter dated 7anuary 12, 2015 from Allison crosbie on behalf of the
Design
Review Board;
6. Letter dated 7anuary 12, 2015 from Public Health Director William
Burke.
A copy of the February 17th Decision is attached hereto and incorporated herein by
reference.
Appeals from the city council's decision on the special permit may be filed in
accordance with
the provisions of M.G.L. chapter 40A, section 17, within twenty (20) days of the
filing of this
decision with the city clerk.
order read once and adopted 9 -0 vote
#315
The committee on Legal Affairs /committee of the whole to whom was referred the
matter of
Request for authorization to allow the Mayor to grant a permanent conservation
restriction to
Essex county Greenbelt for city owned property adjacent to Norwood Pond have
considered
said matter and beg leave to report as follows, to wit:
submit the accompanying order and recommend its adoption
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7an.202015 Meeting
ordered:
That the City Council approve the request of the Mayor that the City of Beverly
grant to Essex
County Greenbelt Association, Inc., a Massachusetts nonprofit corporation having its
principal
office at 82 Eastern Ave., Essex, Essex County, Massachusetts, 01929, for nominal
consideration, a Conservation Restriction on 133.5 +/- acres as shown on the plans
of land
recorded at the southern Essex District Registry of Deeds Plan Book 117 Plan 72,
Plan Book
123 Plan 70, and Plan Book 166 Plan 97, an area commonly referred to as "Norwood
Pond."
The terms and conditions of said Conservation Restriction shall be as set
forth in the
restriction attached hereto, except that minor modifications unrelated to substance
Tay be made
if necessary.
order read once and adopted 9 -0 vote
#319
The Committee on Legal Affairs /Committee of the whole to whom was referred the
matter of
Appointment - Richard Grandoni to the Conservation Commission 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
#320
The Committee on Legal Affairs /Committee of the whole to whom was referred the
matter of
Appointment - George Binns to the Parking & Traffic Commission 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
#324
The Committee on Legal Affairs / Committee of the whole to whom was referred the
matter of
Petroleum storage Registration Renewals for FY -2015 have considered said matter and
beg
leave to report as follows, to wit:
Recommend the Council approve the renewals
order read once and adopted 9 -0 vote
#325
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7an.202015 Meeting
The committee on Legal Affairs / committee of the whole to whom was referred the
matter of
Request from Marshall Handly for special Employee Designation re: Trustee of the
Public
Library 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
Mill"
The committee on Public services / committee of the whole to whom was referred the
matter of
Petition - verizon for 24 ft of underground conduit on Brimbal Ave have considered
said matter
and beg leave to report as follows, to wit:
Recommend the council approve the Petition
order read once and adopted 9 -0 vote
#310
The committee on Public services / committee of the whole to whom was referred the
matter of
Petition - National Grid /verizon for joint pole locations at Brimbal Ave. & vittori
Rd. have
considered said matter and beg leave to report as follows, to wit:
Recommend the council approve the Petition
order read once and adopted 9 -0 vote
#321
The committee on Public services / committee of the whole to whom was referred the
matter of
Appointment - Tustin Repp to the Parks & Recreation Department have considered said
matter
and beg to report as follows, to wit:
Recommend the council approve the appointment
order read once and adopted 9 -0 vote
unfinished Business:
Motions and orders:
#341
order: councilors Guanci, St. Hilaire & Martin - Amending the IR zoning District
( Brimbal Ave.)
Receive and Place on File
Page 12
Meeting Adjourned: 10:50 PM
Connolly, CMC
7an.202015 Meeting
Attest: Kathleen P.
City Clerk
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