Minutes - Tuesday 19 April 2016 (2)Regular Meeting - Beverly City Council, Beverly, MA
MINUTES — Tuesday, April 19, 2016 @ 7:00 PM
Beverly City Hall, 3 Floor, Council Chamber
Called to Order @ 7:03 PM
Roll Call: John P. Frates Jr. (arrived @ 7:20 PM), 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 Martin
Resolutions: None
Public Speakers:
The Council President entertained a Motion to Suspend the Rules to allow a Public
Speaker not on the FINAL Agenda — Vote: 8 -0
1. Frederic L. Hopps, 15 Walcott Rd re: Clean Energy Advisory Committee
Acceptance of Minutes of Previous Meeting:
1. Wednesday, March 30, 2016 Joint Meeting with School Committee
2. Monday, April 4, 2016 Regular Meeting
3. Monday, April 11, 2016 Special Meeting — Vote to Accept all 3: 8 -0
Public Hearings: None
Presentations, Awards and Memorials: None
Communications from His Honor the Mayor:
#091
April 19, 2016
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Attached is a letter from Purchasing Agent David Gelineau requesting authorization to
enter into a three -year contract extension to our current contract with JRM for the
services of solid waste and recyclable materials collection and transportation, recyclable
processing and operation of the compost facility, and a new five -year contract for
disposal of all solid waste collected in the City of Beverly.
Sincerely yours,
Michael P. Cahill
Mayor
Attachment
Referred to Finance & Pro
#092
April 19, 2016
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I respectfully request that you approve a series of budgetary transfers to support
anticipated budgetary shortfalls in some areas of the operating budget and to allocate
funds to two capital projects. The attached chart outlines interdepartmental transfers
totaling $345,657 to support anticipated shortfalls in police overtime, workmen's
compensation and retirement costs. In addition, I am requesting a draw of the City's free
cash balance of $875,000 to fund the construction of an additional parking area at the
Centerville Elementary School and design work for Bridge Street reconstruction and four
key intersections within the City. It is our expectation that this design work will allow
the city to pursue state funding for the projects in question ultimately addressing some
key areas of Beverly's infrastructure.
Please initiate action on this matter at your next City Council meeting, March 17th, 2014
(corrected — April 19, 2016). This transfer request will require a public hearing be set
prior to a Council vote. Thank you.
Sincerely yours,
Michael P Cahill
Mayor
Referred to Finance & Property to set a Public Heari
79
#093
April 19, 2016
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Council on Aging, has
received a Helping Hand Mini Grant from MassDOT and MArtap in the amount of
$480.60. With your approval, this grant will be used to purchase a two year supply of
"Detailed Driver Vehicle Inspection Reports" which are used on a daily basis by the
transportation team to simplify inspections. 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 19, 2016. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Council President entertained Motion to Approve on the Floor —Vote 8 -0
#094
April 19, 2016
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Timothy J.
Rubchinuk, 4 Shortell Avenue, Beverly to serve as Constable in the City of Beverly for
the express purpose of serving Civil Process.
Attached is Mr. Rubchinuk's application, which has been approved by Police Chief John
LeLacheur.
Mr. Rubchinuk's term will be effective from June 30, 2016 to June 30, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Attachment
Referred to Legal Affairs
M
Communications from other City Officers & Boards:
#0558
Planning Board Recommendation re: #055 and #055A
Referred to Legal Affairs
#067A
Parking & Traffic Commission Recommendation re: Order #067
Referred to Legal Affairs
Parking & Traffic Commission Recommendation re: Order #068
Referred to Legal Affairs
Communications, Applications & Petitions:
#095
Communication from the International Institute of Municipal Clerks ( "IIMC ") re:
47th Annual Municipal Clerks Week, 1 -7 May 2016
Receive and Place on File — Vote: 8 -0.
#096
Communication from MASS - Development re: Sterling Machine Company, Inc.
Receive and Place on File — Vote: 8 -0.
#097
Communication from MASS -DEP re: Cummings Center, 181 Elliott Street
Receive and Place on File — Vote: 8 -0.
alm
Application — License to Peddle — Cut Flowers — Joan Bediz, 34 Rocky Hill Road,
Essex
Referred to Legal Affairs
:
Communication from MASS State Lottery Commission re: Keno @ TD Family
Market, 409 Cabot Street
Receive and Place on File — Vote: 8 -0.
Unfinished Business:
#081
Communication — Mayor re: Amended Ordinance — Consignment Shop Sunday
Openings (2 Reading)
The Committee on Legal Affairs, to whom was referred the matter of Amended
Ordinance — Consignment Shop Sunday Openings (2n Reading), 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:
An Ordinance Amending an Ordinance relative to:
Section 192 -21 "Hours of Operation"
By DELETING the phrase, "9:00 p.m. to sunrise of the following morning" and
By REPLACING it with the phrase "10:00 p.m. to 6:00 a.m. of the following
morning" and
By DELETING the sentence: "No trading shall be done on Sundays."
The Section, as Amended, will read:
Hours of operation
The shops referred to in this article shall be closed from 10:00 p.m. to 6:00 a.m.
of the following morning, and no keeper of such shop shall purchase or sell any
of the items mentioned in this article during such hours.
Copies of the completed Ordinance are on file in the City Clerk's Office, and are
available for public review.
Ordinance to take effect upon Final Passage - Advertise and hold for Final
Passage
First Reading: April 11, 2016
Second Reading: April 19, 2016
Held for Publication and Final Passage
Final Passage: May 2, 2016
Order read once and adopted. Vote: 8 -0.
Wl
Final Passage:
#014 - Proposed Amendments to the Zoning Ordinance (New Land Use
Categories)
An Ordinance Amending an Ordinance relative to:
Chapter 300 "Zoning ":
PROPOSED ZONING AMENDMENT
DECEMBER 30, 2015
REVISED March 17, 2016
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 [now Article II] (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
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 [now Article XX].
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
RK
publishing operations, computer hardware manufacturing, and the fabrication of
metal products except machinery and transportation equipment.
Tasting Room - An accessory use located within 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" [now Article XVI] in the following sections:
• Section 38 -13 [now Article VII]: (RMD — Multifamily District), Section C (Uses
by Special Permit) allowed as granted by the Planning Board;
• Section 38 -14 [now Article VII]: (RHD — Multifamily District), Section C (Uses
by Special Permit) allowed as granted by the Planning Board;
• Section 38 -16 [now Article VII]: (CN — Neighborhood Commercial District),
Section C (Uses by Special Permit) allowed as granted by the Planning Board.
• Section 38 -17 [now Article VII]: (CC — Central Business District), Section B
(Uses by Right)
• Section 38 -20 [now Article VII]: (IG — General Industrial District), Section C
(Uses by Special Permit) allowed as granted by the Planning Board.
• Section 38 -22 [now Article VII]: (BHD — Beverly Harbor District), Section C
(Uses by Special Permit) allowed as granted by the Planning Board.
• Section 38 -23 [now Article VII]: (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 [now Article VII]: (CN — Neighborhood Commercial District),
Section C (Uses by Special Permit).
• Section 38 -17 [now Article VII]: (CC — Central Business District), Section B
(Uses by Right)
• Section 38 -18 [now Article VII]: (CG — General Commercial District), Section C
(Uses by Special Permit).
• Section 38 -19 [now Article VII]: (IR — Restricted Industrial, Research & Office
District), Section B, (Uses by Right).
• Section 38 -20 [now Article VII]: (IR — General Industrial District), Section B,
(Uses by Right).
• Section 38 -22 [now Article VII]: (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 Tasting Room, as
defined herein
• 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 [now Article II], 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).
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.
12. Applicant /owner must show procedures to demonstrate that artist
live /work units are marketed to and occupied by artists, subject to
review by the Planning Department.
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.
2. 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.
E Parking Requirements
1. 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.
2. 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) [now Article XI]. 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 [now Article XIII] 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 [now
Article II].
2. That the proposed project is consistent with the Development
Standards in Section 38 -35.0 [now Article XVI] and Performance
Standards in Section 38 -35.D [now Article XVI].
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.
First Reading: January 4, 2016
Second Reading: January 25, 2016
Public Hearing: February 16, 2016
Publication: April 8, 2016
Final Passage: April 19, 2016
Order read once and adopted. Vote: 8 -0.
Reports of Committees:
#055
The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor
Martin (also signed by Council President Guanci, Council Vice President Houseman, Councilors
Silva, St. Hilaire, Lang, Rand and Frates) re: Zoning Amendment, have considered said matter and
beg leave to report as follows:
Recommend the Council Approve the Order
Order read once and adopted. Vote: 9 -0.
..
#0556
The Committee on Legal Affairs, to whom was referred the matter of Planning Board
Recommendation re: Order 055, have considered said matter and beg leave to report as follows:
Receive and Place on File
Order read once and adopted. Vote: 9 -0.
#067
The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic
Safety Sergeant re: Stop Sign @ Overlook & Echo Avenues, 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:
ORDERED: Be it ordained by the City Council of the City of Beverly as follows:
In the year Two Thousand and Sixteen,
An Ordinance Amending an Ordinance relative to:
Chapter 270 "Vehicles and Traffic ",
Amending Section 270 -25 "Stop Intersections" as follows:
ADD: (B) Overlook Avenue at its intersection with Echo Avenue
Copies of the completed Ordinance are on file in the City Clerk's Office, and are available for
public review.
Ordinance to take effect upon Publication and Final Passage
First Reading: April 19, 2016
Second Reading: May 2, 2016
Advertise and hold for Final Passage
Final Passage: May 2, 2016
Order read once and adopted. Vote: 9 -0.
f all 'l
The Committee on Legal Affairs, to whom was referred the matter of Communication — Parking &
Traffic Commission re: #067, have considered said matter and beg leave to report as follows:
Receive and Place on File.
Order read once and adopted. Vote: 9 -0.
#068
The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic
Safety Sergeant re: Stop Sign @ Reservoir & Sohier Roads, 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:
ORDERED: Be it ordained by the City Council of the City of Beverly as follows:
In the year Two Thousand and Sixteen,
..
An Ordinance Amending an Ordinance relative to:
Chapter 270 "Vehicles and Traffic ",
Amending Section 270 -25 "Stop Intersections" as follows:
ADD: (B) Reservoir Road at its intersection with Sohier Road
Copies of the completed Ordinance are on file in the City Clerk's Office, and are available for
public review.
Ordinance to take effect upon Publication and Final Passage
First Reading: April 19, 2016
Second Reading: May 2, 2016
Advertise and hold for Final Passage
Final Passage: May 2, 2016
Order read once and adopted. Vote: 9 -0.
#068A
The Committee on Legal Affairs, to whom was referred the matter of Communication — Parking &
Traffic Commission re: #068, have considered said matter and beg leave to report as follows:
Receive and Place on File.
Order read once and adopted. Vote: 9 -0.
#098
The Committee on Legal Affairs, to whom was referred the matter of Application — License to Peddle
— Cut Flowers — Joan Bediz, 34 Rocky Hill RD / Essex, have considered said matter and beg leave
to report as follows:
Recommend the License be Granted
Order read once and adopted. Vote: 9 -0.
#082
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
re: Formalization of City's Investment Policy as amended in Committee, have considered said matter
and beg leave to report as follows:
Recommend the Council approve the Policy.
Order read once and adopted. Vote: 9 -0.
#091
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
re: Purchasing Agent re: JRM 3 -Year Contract Extension, have considered said matter and beg
leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 8 -1 (Rand opposed).
.E
#092
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
re: Budgetary Transfers for Shortfalls & 2 Capital Projects, have considered said matter and beg
leave to report as follows:
Submit the accompanying Order and recommend its adoption:
Ordered that the City Council of the City of Beverly hold a Public Hearing on Monday, May 2,
2016 at 7:30 p.m. in the City Hall, 191 Cabot Street — 3r Floor Council Chamber, Beverly, MA,
relative to interdepartmental transfers totaling $345,657 to support anticipated shortfalls in police
overtime, workmen's compensation and retirement costs, and a draw of the City's free cash
balance of $875,000 to fund the construction of an additional parking area at the Centerville
Elementary School and design work for Bridge Street reconstruction and four key intersections
within the City.
Order read once and adopted. Vote: 9 -0.
Motions and Orders: None
Meeting Adjourned: 8:29 PM Attest: D. Wesley Slate, Jr.
City Clerk
91