Minutes - Monday 4 April 2016Regular Meeting - Beverly City Council, Beverly, MA
MINUTES — Monday, 4 April 2016 @ 7:00 PM
Beverly City Hall, 3 Floor, Council Chamber
Called to Order @ 7:00 PM
Roll Call John P. Frates Jr, Scott D. Houseman - Vice President, David J. Lang, James F.
Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci -
President.
Pledge of Allegiance to the Flag: Councilor St. Hilaire
Presentations, Awards and Memorials:
1. Dr. Richard E. Wylie, President — Endicott College
Resolutions:
1. #080 — Dr. Richard E. Wylie, President — Endicott College
Approved 9 -0.
Public Speakers:
1. Mr. Louis C. Bourgeois, Jr., 9 Walnut Avenue re: Brimbal Avenue
Roundabouts / Connector Road Safety Concerns
Public Hearings:
1. 8:00 PM - #055A — Joint Public Hearing with Planning Board.
Public Hearing Closed, Referred back to Legal Affairs
Acceptance of Minutes of Previous Meetings:
Regular Meeting — Monday, 21 March 2016 Approved 9 -0
Communications from His Honor the Mayor:
#081
March 31, 2016
The Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: RESOLUTIONS BY THE CITY OF BEVERLY TO STRIKE A PORTION OF
ARTICLE XVII OF THE CITY ORDINANCE RELATIVE TO THE PERMITTED
HOURS OF OPERATION OF "JUNK AND SECONDHAND DEALERS."
Dear Honorable Council:
I respectfully submit the attached resolution for the Council's consideration to strike a
portion of Section 17.07 (h)(i) of Article XVII of the City of Beverly's Code of
Ordinances relative to the hours of operation of "Junk and Secondhand Dealers ".
59
Currently, Section 17.07 (h)(i) of Article XVII of the City of Beverly's Code of
Ordinances prohibits Junk and Secondhand Dealers from conducting business on
Sundays. The definition of junk and second hand dealers encompasses consignment
shops amongst other types of businesses. The City of Beverly is home to many popular
consignment shops whose numbers have burgeoned over the last few years as they have
come to be recognized for selling affordably priced, yet high- quality items.
In order to allow local consignment shops to remain competitive with similar shops in
neighboring communities I would respectfully request that the City of Beverly allow
consignment shops to have the opportunity to conduct business on Sundays.
Feel free to contact Aaron Clausen, Director of Planning and Community Development,
if you have any additional questions at 978 - 605 -2341.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#082
April 4, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Attached is a memorandum from Finance Director, Bryant Ayles regarding the
formalization of the City of Beverly's Investment Policy for your review. I respectfully
request that you consider the adoption of this policy at your April 4 meeting.
Sincerely yours,
Michael P. Cahill
Mayor
•1
INTEROFFICE MEMORANDUM
to: Mayor Michael P. Cahill
from: Bryant Ayles, finance director
subject: Formalization of Beverly's Investment Policy
date: March 29, 2016
The City of Beverly will manage in excess of $150M during fiscal year 2016. Although we have
sound procedures throughout our operations, a formalization of a cash investment policy is
regarded as a "best practice" regardless of the organization. It has been noted as an area we
should enhance by our audit firm and as a result I would recommend we submit the attached
policy to the City Council for its adoption at the upcoming City Council meeting on April 4 t "
The attached policy provides a framework for the Treasurer to work within to maximize liquidity,
security and return on city funds. It also provides an important oversight provision which calls for
quarterly reporting of investments, limits the exposure to any one financial institution and outlines
the acceptable investment vehicles.
I look forward to discussing this with you and the Council in the future.
61
I. The Investment of General Funds, Special Revenue Funds, Enterprise
Funds, and Capital Projects Funds
A. Scope
This section of the policy applies only to short term operating funds such as
general funds, special revenue funds, enterprise funds, and capital project funds. Section
two will deal with trust funds, bond proceeds, and any other funds with special
circumstances such as stabilization funds. A separate Contributory Retirement Board is
responsible for the investment of the pension funds.
B. Objectives
Massachusetts General Laws, Chapter 44, section 55B requires the
municipal /district treasurer to invest all public funds except those required to be kept
uninvested for purposes of immediate distribution. Modern banking systems enable the
public treasurer to maintain even these funds in interest bearing form until the date a
disbursement order clears through the banking system.
The state law further requires that invested funds are to be placed at the highest
possible rate of interest reasonably available, taking account of safety, liquidity and yield.
Therefore, these guidelines are intended to further the objective of securing the highest
return that is consistent with safety of principal while meeting the daily cash
requirements for the operation of the City's business.
There are some cases when noninterest bearing accounts must be used because of
agreements with federal and state granting authorities. In each case the uninvested
balance will be kept at the minimum allowed by the agreement.
Safety of principal is the foremost objective of the investment program.
Investments shall be undertaken in a manner that seeks to ensure the preservation
of capital through the mitigation of credit risk and interest rate risk. These risks
shall be mitigated by the diversification and prudent selection of investment
instruments, and choice of depository. Credit risk is the risk of loss due to the
failure of the security issuer or backer. Interest rate risk is the risk that the market
value of the security will fall due to changes in general interest rates.
Liquidity is the next most important objective. The overall investment portfolio
shall remain sufficiently liquid to meet all operating requirements that may be
reasonably anticipated. Since all possible cash demands cannot be anticipated, the
treasurer shall carry out investment activities in a manner that provides for
meeting unusual cash demands without the liquidation of investments that could
result in forfeiture of accrued interest earnings, and loss of principal in some
cases.
Yield is the third, and last, objective. Investments shall be undertaken so as to
achieve a fair market average rate of return, taking into account safety and
liquidity constraints as well as all legal requirements.
C. Investment Instruments
Note Public investments in Massachusetts are not protected through provisions in State
law. Therefore, they are largely uncollateralized. Many banking institutions are willing to
put up collateral, albeit at a cost to the City of a lower interest rate. The Treasurer
negotiates for the highest rates possible, consistent with safety principles.
The Treasurer may invest in the following instruments:
62
1. Massachusetts State pooled fund: Unlimited amounts (Pool is liquid)
The Massachusetts Municipal Depository Trust (MMDT), an investment
pool for state, local, county and other independent governmental authorities, is under the
auspices of the State Treasurer and currently managed by Fidelity Investments. It invests
in Bankers Acceptances, Commercial Paper of high quality, Bank Certificates of Deposit,
Repurchase agreements ( Repos), and U.S. Treasury obligations. It has Federal Deposit
Insurance Corporation (F.D.I.C.) pass - through insurance on the C.D.'s and takes delivery
on the Repos and Treasuries, Under Government Accounting Standards Board
Regulation (GASB III), it is not considered an uncollateralized product.
2. U.S. Treasuries that will be held to maturity: Unlimited amounts (Up to one
year maturity from date of purchase)
3. U.S. Agency obligations that will be held to maturity. Unlimited amounts (Up
to one year maturity from date of purchase)
4. Bank accounts or Certificates of Deposit, hitherto termed C.D.'s in banking
institutions that are rated by a recognized bank rating firm (e.g. Veribank) and receive the
highest rating (eg. Veribank's "GREEN * * * "). Unlimited amounts (Up to one year)
5. Money Market Funds allowed by Section 55 of Chapter 44 as amended by
chapter 314 of the Acts of 1996 Unlimited amounts (funds are liquid)
6. Bank accounts or Certificates of Deposit, hitherto termed C.D.'s which are fully
collateralized through a third party agreement, in banking institutions that are rated by a
recognized bank rating firm (eg. Veribank) but do not receive the highest rating (eg.
Veribank's "Green * * * "). Unlimited amounts (Up to one year)
D. Diversification
Diversification should be interpreted in two ways: In terms of maturity as well as
instrument type and issuer. The diversification concept should include prohibition against
over concentration of maturities as well as concentration in a specific institution. With the
exception of U.S. Treasury obligations or investments fully collateralized by U.S.
Treasuries or agencies, and State pools (MMDT), no more than 25% of the City's
investments shall be invested in a single financial institution.
E. Authorization
The Treasurer has authority to invest city funds, subject to the statutes of the
Commonwealth cited above. An investment Committee whose members are the Mayor,
the Finance Director, the Auditor and the Treasurer, will develop and oversee the City's
investment policy, approve financial institutions, and approve investment procedures.
F. Ethics
The City Treasurer (and the Assistant Treasurer) shall refrain from any personal
activity that may conflict with the proper execution of the investment program or which
could impair or appear to impair the ability to make impartial investment decisions. Said
individuals shall disclose to the Chief Executive Officer any material financial interest in
financial institutions that do business with the City. They shall also disclose any large
personal financial investment positions or loans that could be related to the performance
of the City's investments.
G. Relationship with Financial Institutions
Financial institutions should be selected first and foremost with regard to safety.
The City will subscribe to and use one or more of the recognized bank rating services,
such as Veribanc or Sheshunoff. Brokers should be recognized, reputable dealers.
63
The Treasurer shall require any brokerage houses and brokers /dealers, wishing to
do business with the municipality, to supply the following information to the Treasurer:
--I Audited financial statements
Proof of National Association of Security Dealers certification
A statement that the dealer has read the municipality's investment policy and
will comply with it
Proof of credit worthiness (minimum standards: at least five years in operation
and a minimum capital of 10 million dollars).
H. Reporting Requirements
On a quarterly basis, a report containing the following information will be
prepared by the Treasurer and distributed to the members of the Investment Committee.
The report will include the following information, as a minimum requirement:
A listing of the individual accounts and individual securities held at the end of the
reporting period.
A listing of the short-term investment portfolio by security type and maturity to
ensure compliance with the diversification and maturity guidelines established in
the "Diversification" section of this Investment Policy.
- A summary of the income earned on a monthly basis and year to date basis shall
be reported.
- The municipal treasurer shall include in the report a brief statement of general
market and economic conditions and other factors that may affect the City's cash
position.
- The report should demonstrate the degree of compliance with the tenets set forth
in the Investment Policy.
II. The Investment of Trust Funds and Bonds Proceeds
This section of the policy applies only to funds that could be invested long term,
i.e. trust funds, stabilization funds and bond proceeds. For issues subject to arbitrage
rebate, an arbitrage tracking system such as those available at banks and Mass Municipal
Depository Trust (MMDT) may be used to track expenditures of and interest earned on
borrowed funds. Alternative tracking systems should be approved by and used under the
advice of Bond Counsel.
A. Arbitrage Regulations
Tax free debt may be issued by the City which means that it is able to borrow at
rates well below market rates. At the same time, the federal government has issued
regulations to prevent the issuance of debt with the goal of investing the borrowed funds
at a higher rate of interest than that at which the money was borrowed, or committing
arbitrage. If the federal regulations are not followed, there are fines and penalties, but
even worse, the tax free status of the debt could be jeopardized. The following arbitrage
regulations will be followed:
Unless debt is issued as a "small issuer," that is, an entity issuing less than $5
million of tax exempt debt in a calendar year, the proceeds shall be used within certain
prescribed time frames, or be subject to fines and penalties as described above.
Following, find the general rules and time frames for spending borrowed funds in
order to avoid having to pay a rebate to the Federal government on investment
income earned on the borrowed funds. All funds must be used according to the
following schedules or sooner
1. CONSTRUCTION DEBT
E
First six months: 10%
First years: 45%
Eighteen months: 75%
Two years: 100%
2. CAPITAL EXPENDITURES DEBT OTHER THAN CONSTRUCTION
PROJECTS
First six months: 15%
First year: 60%
Eighteen months 100%
3. ALL OTHER MUNICIPAL PURPOSE DEBT
First six months: 100%
B. TRUST FUNDS
Trust Funds may be co- mingled and invested in any instruments allowed by the
Legal List issued by the Banking Commissioner each July. Each trust fund must be
accounted for separately.
C. STABILIZATION FUNDS
The Stabilization Funds shall not exceed ten per cent of the equalized valuation of
the city and any interest shall be added to and become a part of the Fund. The treasurer
may invest the proceeds in the following:
National Banks
Savings Banks
Cooperative banks or trust companies organized under Massachusetts laws
Securities legal for savings banks (i.e. those on the Legal List described above)
Federal Savings and Loan Associations situated in the Commonwealth
Money Market Funds described in CH55 § 55 MGL
Mass
Referred to Finance & Property
#083
April 4, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. Matthew Ulrich, 16
James Street, Beverly to serve on the Design Review Board.
His term is to be effective until December 1, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
65
= 1 - 0
April 4, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Ms. Suzanne LaMont, 20
Porter Street, Beverly to serve on the Beverly Historic District Commission.
Her term is to be effective until April 1, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#085
April 4, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Ms. Toni Musante, 12
Willow Street, Beverly and Ms. Rebecca Dupont Coutre, 34 Bertram Street to serve on
the Solid Waste Management Committee
Their terms are to be effective until March 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
Communications from other City Officers and Boards:
Communication — Chief of Police re: Cummings Properties Donation of $10,000 —
New Jackets
Referred to Finance & Property
..
#087
Communication — City Clerk re: 2n Hand (Junk/Valuables) Dealers License
Renewals
Referred to Legal Affairs
Communication — City Clerk re: Burial Permit Fee Increase ($15 4 $25)
Referred to Legal Affairs
Communications, Applications & Petitions:
Communication — Keolis Commuter Services 2016 Yearly Operational Plan
Received and Placed on File — Vote: 9 -0.
#090
Application — License to Peddle Food — Vincent Frongillo, 22 -1/2 Johnston Terrace /
Saugus
Referred to Legal Affairs.
Unfinished Business: None
Reports of Committees:
#014
The Committee on Legal Affairs, to whom was referred Proposed Amendments to the Zoning
Ordinance (New Land Use Categories), have considered said matter and beg leave to report as
follows:
Submit the accompanying amended Ordinance and recommend its adoption, pending publication
and Final Passage:
PROPOSED ZONING AMENDMENT
DECEMBER 30, 2015
1. Amend Beverly Land Use Schedule to introduce new land use categories to show
which zoning districts the proposed uses are allowed by -right or by special
permit according to the proposed text.
2. Amend Section 38 -2 (Definitions) by introducing the following and by updating
the number system accordingly:
Artist Live /Work - The use of all, or a portion of, a building for an art use, or
creative work, and habitation by artists whereas units include both working
67
space and residential dwelling space. Artist Live /Work unit is distinguished from
a home occupation, otherwise defined by this ordinance, in that the work use is
not required to be incidental to the dwelling unit; more than one non - resident
employee may be present on the premises; and customers may be served on
site. The work use may include the sale, display, commission, consignment, or
trade by artists or artisans; or classes held for art instruction.
Art Use - The production of art or creative work within the fields of fine and
applied arts including but not limited to painting, drawing, sculpture, graphic
arts, photography, printmaking mixed media, writing, publishing, poetry,
photography, theater, film or video production, architecture, interior design,
recording studio, culinary arts; and performing arts including but not limited to
musicians, music composition, acting, or dancing.
Brewery, Distillery, Winery - Establishment primarily engaged in the on -site
manufacture, blending, fermentation, processing, and packaging of alcoholic
beverages, for wholesale or retail distribution, as allowed by state law. While
manufacturing is the primary use, the establishment may include accessory uses
such as: tasting room for on -site consumption (or "taproom "), retail sales of the
product produced on -site and related goods, and /or tours of the production
facility. Provided the following:
• A tasting room or retail component shall front the street at sidewalk level or
have a well- marked and visible entrance at sidewalk level, and be open to the
public.
• All production, processing, distribution, and storage activities are to be
conducted within an enclosed building. Production waste shall be disposed of
off -site.
• Adequate parking and loading is provided onsite in accordance with the
provisions of Section 38 -25.
Maker Space - Uses that process, fabricate, assemble, treat, or package finished
parts or products without the production or use in large quantities of hazardous
or explosive materials. Due to the nature of operations and products, little or no
noise, offensive odors, undue vibration or glare, and/ or environmental pollution
is produced, and, therefore, there is minimal impact on surrounding properties.
Operations may include the storage of materials and the loading and unloading
of new materials and finished products. Activities common to this use include,
but are not limited to, food and beverage production, electronics and other
electrical equipment assembly, furniture and other woodworking, printing and
publishing operations, and computer hardware manufacturing, and the
fabrication of metal products except machinery and transportation equipment.
Tasting Room - An accessory use located with a brewery /distillery /winery
establishment that allows patrons to taste samples of alcoholic beverages that
are produced on -site, provided that any such facility that serves samples of
alcoholic beverages has a Commonwealth of Massachusetts issued Farmer Series
Pouring Permit, per MGL c. 138 § §19B(n) Farmer - Brewer, 19C(n) Farmer - Winery,
or 19E(o) Farmer - Distillery.
• A tasting room may also include related retail sales and host marketing events,
special events, and /or factory tours.
• A tasting room or accessory retail shall front the street at sidewalk level or have
a well- marked and visible entrance at sidewalk level, and be open to the public.
• A tasting room or accessory retail may not be greater than 33 percent of the
establishment's gross square footage, or 2,000 square feet, whichever is less.
• An outdoor patio may be included in the total area of a tasting room, so long as
it does not occur in the parking area and appropriate screening is provided, if
necessary.
3. Amend the following sections by adding "Artist Live /Work subject to provisions
.:
of Section 38 -35" in the following sections:
• Section 38 -13: (RMD — Multifamily District), Section C (Uses by Special
Permit) allowed as granted by the Planning Board;
• Section 38 -14: (RHD — Multifamily District), Section C (Uses by Special Permit)
allowed as granted by the Planning Board;
• Section 38 -16: (CN — Neighborhood Commercial District), Section C (Uses by
Special Permit) allowed as granted by the Planning Board.
• Section 38 -17: (CC — Central Business District), Section B (Uses by Right)
• Section 38 -20: (IG — General Industrial District), Section C (Uses by Special
Permit) allowed as granted by the Planning Board.
• Section 38 -22: (BHD — Beverly Harbor District), Section C (Uses by Special
Permit) allowed as granted by the Planning Board.
• Section 38 -23: (WDR — Waterfront Development Residential District), Section
C (Uses by Special Permit) allowed as granted by the Planning Board.
4. Amend the following sections by adding "Brewery, Distillery, Winery' in the
following sections:
• Section 38 -16: (CN — Neighborhood Commercial District), Section C (Uses by
Special Permit).
• Section 38 -17: (CC — Central Business District), Section B (Uses by Right)
• Section 38 -18: (CG — General Commercial District), Section C (Uses by Special
Permit).
• Section 38 -19: (IR — Restricted Industrial, Research & Office District), Section
B, (Uses by Right).
• Section 38 -20: (IR— General Industrial District), Section B, (Uses by Right).
• Section 38 -22: (BHD — Beverly Harbor District), Section C (Uses by Special
Permit).
• Section 38 -23: (WDR — Waterfront Development Residential District), Section
C (Uses by Special Permit).
5. Amend the following sections by adding "Maker Space" in the following sections:
• Section 38 -17: (CC — Central Business District), Section C (Uses by Special
Permit) allowed as granted by the Planning Board
• Section 38 -18: (CG — General Commercial District), Section C (Uses by Special
Permit) allowed as granted by the Board of Appeals.
• Section 38 -19: (IR — Restricted Industrial, Research & Office District), Section
B, (Uses by Right).
• Section 38 -20: (IR— General Industrial District), Section B, (Uses by Right).
6. Amend Section 38 -25 (Parking and Loading Requirements), Section A (Off- street
parking requirements) by introducing the following parking standards in the
schedule of parking requirements:
• Brewery, Distillery, Winery: 2 spaces per 1,000 sf gross floor area for
area dedicated to manufacturing and
process related activities; 1 space per 275 sf
gross floor area for accessory uses
combined
• Maker Space: 2 spaces per 1,000 sf gross floor area
.•
7. Amend Section 38 -29.0 (Site Plan Review Requirements) to introduce the
following requirement and update the number system within the section
accordingly:
2. Projects consisting of a Brewery, Distillery, Winery as defined in Section 38 -2
(Definitions) of the Zoning Ordinance containing 10,000 square feet of gross
floor area or greater must seek site plan approval from the Planning Board
that are proposed within an existing building. Site Plan Review applies for
new construction or expansion as established above.
8. Introduce a new Section 38 — 35 (Artist Live /Work Requirements) to include the
following language in its entirety:
38 — 35 Artist Live /Work Requirements
A General Description and Purpose
Requirements of this section seek to support and grow the production of
the arts in appropriate zoning districts by allowing the live /work
arrangements for the production of art uses as defined in Section 38 -2
that is consistent with the character of the surrounding neighborhood.
This section is established to facilitate the following objectives:
1. Provide for the appropriate development of units that incorporate
both living and working space;
2. Provide an affordable living and working environment for artists and
other small creative businesses;
3. Provide flexibility for the development of live /work units, particularly
within existing buildings;
4. Provide locations where appropriate new art use or creative
enterprise can start up;
5. Provide opportunities for people to live in mixed -use industrial and
commercial areas where compatible with existing uses;
6. Protect existing and potential industrial uses and nearby residential
uses from conflicts with each other;
7. Ensure that the exterior design of live /work buildings is compatible
with the exterior design of commercial, industrial, and residential
buildings in the area, while remaining consistent with the
predominant workspace character of live /work buildings.
B Applicability
Artist Live /Work, as defined in Section 38 -2, is permitted by right in the
CC District and by Special Permit, granted by the Planning Board, in the
IG, BHD, WDR, RHD, and RMD Districts. The underlying regulations and
standards pertaining to the above -named districts apply, unless they
conflict with the standards herein, which shall take precedence.
C Development Standards
1. In residential and commercial zones, all living space shall be
contiguous with and made an integral part of the working space;
however, direct access between living and working areas shall not be
required.
2. The residential dwelling area and working space that comprise an
Artist Live /Work unit shall not be separately rented or sold.
3. The layout and design of an Artist Live /Work project shall be
compatible in character and scale with surrounding areas, as
determined by the Special Permit Granting Authority (SPGA).
70
4. Artist Live /Work units shall be designed and constructed with the
particular needs of artists in mind (e.g. appropriate ventilation, noise
dampening capability, sound - proofing, etc.) and less attention can be
paid to providing high -end interior finishes, in keeping with the intent
that these be functional work spaces.
5. Where permitted, Artist Live /Work units located at street level are
subject to the development standards for ground -floor retail or
commercial establishments as follows:
b. A minimum of 80 percent of a structure's street front facade at
street level shall be occupied by nonresidential uses, including the
studio, work space, and /or gallery.
c. In districts where Artist Live /Work units are permitted at street
level, owner or employee parking for live -work units is prohibited
in front of the building.
d. Artist Live /Work in the CC District shall be subject to the
Downtown Design Guidelines.
e. The above standards related to ground floor work space are not
required of live /work units in single - purpose residential districts
or on streets where the predominant ground floor use is
residential.
6. In pre- existing single - family structures, studio work space and /or
retail may be permitted within an accessory building that meets the
dimensional requirements of the Zoning Ordinance, at the discretion
of the SPGA. However, work is not permitted to occur outside of a
structure in non - commercial areas, unless approved by the SPGA.
7. Retail sales of art produced on -site, lessons provided in the resident's
form of art (e.g. dance, music), or other activities requiring customer
visitation should occur at reasonable hours, so as not to impede the
quality of life of adjacent residential users. Operating hours can be set
by the SPGA, except in the CC District where the use is permitted by
right.
8. Storage of materials or supplies outdoors, for purposes other than
those permitted in the allowable zone in which the use is located,
shall be prohibited.
9. Artist Live /Work projects are subject to the Section 38 -34, Inclusion of
Affordable Housing.
10. Priority in all Artist Live /Work units created by Special Permit under
this Ordinance shall be given to working artists.
11. Deed restrictions are required for Artist Live /Work units that are
declared as part of the building permit process, or in administrative
review, or both for by right projects in the CC District.
D Performance Standards
The following performance standards shall apply to all Artist Live /Work
projects:
1. Noise and Vibration. Every artist's live /work unit shall be designed and
operated in such a manner that it does not produce excessive noise
or vibration beyond the working space.
71
Odor. Every artist's live /work unit shall be designed and operated in such
a manner that it does not emit a noxious odor or fumes beyond the
working space or provide proper ventilation so as not to negatively
impact adjacent units.
3. Smoke. Every artist's live /work shall be designed and operated in such a
manner that it does not emit smoke beyond the working space.
4. Dust and Dirt. Every artist's working and living unit shall be designed and
operated in such a manner that does not emit any dust or dirt beyond
the working space.
Parking Requirements
Parking standards will remain the same as for residential uses in
the RHD, RMD, BHD, WDR and CC zoning Districts as established in
Section 38 -25 (Parking and Loading Requirements). No additional
parking is required for the work space as this is intended to be
occupied by the same user.
Where residential use is not permitted in the District, such as the
IG District, then the following parking standards apply:
a. For Artist Live /Work units of less than 1,500 square feet, one
parking space is required for each unit.
b. For Artist Live /Work units greater than 1,500 square feet,
required parking will be based on the applicable parking standard
for the nonresidential use or the closest similar use as determined
by the Zoning Administrator.
Sign Standards
Sign requirements of the Zoning District shall be consistent with Section
38 -26 (Signs). The Special Permit Granting Authority may modify such
standards for Artist Live /Work as appropriate and pursuant to a
recommendation by the Design Review Board.
G Special Permit Criteria
When approving a special permit under this section the Special Permit
Granting Authority shall make findings, in addition to any specific
requirements or criteria set forth in Section 38 -28.0 of this Ordinance,
that the project proposal meets the following additional criteria:
1. That the proposed project is consistent with the Purpose Statement
described above and designed to accommodate and be attractive to
artists and other users as defined as Art Use in Section 38 -2.
2. That the proposed project is consistent with the Development
Standards in Section 38 -35.0 and Performance Standards in Section
38 -35.D.
3. The impacts of noise, vibration, odor, smoke, and dust, or other
impacts, of the proposed uses to ensure the safety and health of
residents, visitors, and neighbors. If necessary techniques may be
required to prevent the transmission of noise, vibration, odor, smoke,
and /or dust.
72
First Reading: January 4, 2016
Second Reading: January 25, 2016
Public Hearing Held: February 16, 2016
Held for Publication and Final Passage
Final Passage: April 19, 2016
Order read once and adopted. Vote: 9 -0.
#014A
The Committee on Legal Affairs, to whom was referred Planning Board Recommendation — Zoning
amendments re: Chapter XXXVIII (Supporting Arts & Creative Economic Sectors), have
considered said matter and beg leave to report as follows:
Receive and Place on File — Vote: 9 -0.
#071
The Committee on Legal Affairs, to whom was referred Communication — City Clerk re: Annual
Petroleum Storage Registrations for 2016 have considered said matter and beg leave to report as
follows:
Recommend the Council Approve the Registrations, pending receipt of Applications and payment of
applicable fees.
Order read once and adopted — Vote: 9 -0.
. UIM
The Committee on Legal Affairs, to whom was referred Appointments — Human Rights Committee
have considered said matter and beg leave to report as follows:
Recommend the Council Approve the Appointments
Order read once and adopted — Vote: 9 -0.
The Committee on Public Services, to whom was referred Reappointment — Board of Registrars of
Voters — Dana Staples (R) 36 Pleasant Street have considered said matter and beg leave to report
as follows:
Recommend the Council Approve the Reappointment
Order read once and adopted — Vote: 9 -0.
The Committee on Public Services, to whom was referred Reappointment — Chief of Police — John
G. LeLacheur have considered said matter and beg leave to report as follows:
Recommend the Council Approve the Reappointment
Order read once and adopted — Vote: 8 -1, Councilor Houseman requested a Hold on
the Order per Charter Section 2 -9 (b) Order is "...postponed to the next meeting of
the city council" next Monday, 11 April 2016 k 7:00 PM.
73
Motions and Orders: None
Meeting Adjourned: 9:16 PM Attest: D. Wesley Slate, Jr.
City Clerk
74