Minutes - Monday 3 April 2017Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 3 April 2017 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3 Floor Council Chamber
Called to Order @ 7:05 PM
Roll Call: John P. Frates Jr., Scott D. Houseman -Vice President, David J. Lang, James F.
Latter, Donald G. Martin (absent), Estelle M. Rand, Matthew J. St. Hilaire, Jason C. Silva,
Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor Latter
Comments by Citizens (subject to the conditions contained in Appendix A
to the "Rules and Orders "): Anyone who would like to speak at the Meeting has until 9:30AM
on the day of the Meeting to register with the City Clerk. (Limit of 3 @ 5 minutes each). None
Resolutions: None
Presentations, Awards & Memorials: None
Public Hearings: None
Acceptance of Minutes of Previous Meeting:
1. Monday, 20 March 2017 - Regular Meeting
Vote to Approve: 8 -0
Communications from His Honor the Mayor:
#367
March 30, 2017
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: Food Truck Pilot Program at Ellis Square
Dear Honorable Council:
The redesign project at Ellis Square is almost complete and should be finished by late spring. In
order to fully activate the area, the City is proposing a pilot program to license food trucks this
summer at Ellis Square to be administered by the City's Planning Department. The City will
designate a spot where a single food truck can exclusively park during the day and serve its menu.
The City hopes to license a few different trucks (which will each be awarded specific days /times) that
will complement the existing restaurants that are located downtown, and provide a new and fun
dining experience for Beverly. The program will run from June 1, 2017 until September 30, 2017.
After the pilot program is completed, a review of the program will be conducted and presented to the
City Council.
Enclosed please find a proposed order for the food truck pilot program at Ellis Square. Please contact
Chief of Staff Kevin Harutunian at 978 - 605 -2334 or Planning Director Aaron Clausen at 978 -605-
2341 with any questions.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#368
April 3, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Ms. Susan Higgins, 17 Crosby Avenue,
Beverly to serve as a member of the Beverly Waste Reduction Committee.
Her term is to be effective until March 31, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#369
April 3, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. Patrick J. Cullen, 13 Hillcrest
Avenue, Apt. 2, Beverly to serve as Veterans Graves Officer.
His appointment to be until April 3, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#370
April 3, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Attached for your review and approval is the proposed 2017 Member Rate Schedule for the Beverly
Golf and Tennis Club submitted by Golf Facilities Management, Inc. and recommended by the
Beverly Golf and Tennis Commission.
There are no changes to the rules and member rates that were in place for 2016. The 2017 member
rates have been reviewed and accepted by the Commission on March 21, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Attachments
Referred to Finance & Property
#371
April 3, 2017
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The Beverly Airport has received a grant approval from the Massachusetts Department of
Transportation (Mass DOT) Aeronautics Division for the purchase of capital equipment. The
equipment, a skid steer loader, is outlined in the attached grant application and will aid the ongoing
maintenance of the fence line and support other airport maintenance needs. The Airport will be
required to cover 25% of the overall cost of the equipment and therefore will require a transfer from
the enterprise fund balance of $25,200. The total cost of the purchase is estimated at $126,000.
I respectfully request the City Council approve the expenditure of the Mass DOT grant of $100,800
as required by MGL Ch44 section 53A as well as an appropriation from the Airport Enterprise Fund
of $25,200 to meet the expenditure match terms of the grant.
As this order constitutes an appropriation a public hearing must be set and properly advertised at least
10 days prior to final council action on the order. Please set a public hearing at your upcoming City
Council meeting Monday April 3 d 2017.
Thank you.
Sincerely yours,
Michael P Cahill
Mayor
Referred to Finance & Property to Set a Public Hearing
Council President entertained a Motion to accept a Late File from the Mayor —
Approved — Vote: 8 -0
LATE FILE - #3666
April 3, 2017
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: Orders 366 and 366A
Dear Honorable City Council:
In orders 366 and 366A currently before the City Council, the Council is asked to grant a permanent
easement at 127 Bridge Street where the current building's foundation and roof encroach on city
property. The area of the easement is 51.36 square feet. The City is inclined to recommend granting
an easement at the location; however, certain steps must be followed pursuant to MGL 30B, section
16. The first step required is for the City to declare that the property is available for disposition.
After the property is declared available for disposition, its value must be appraised and the property
can then be disposed. If the appraised value of the property to be disposed is over $35,000, bids
would be solicited.
I ask that you take the first step in the process today by adopting the attached order declaring the
property available for disposition.
Sincerely yours,
Michael R Cahill
Mayor
Referred to Legal Affairs
Council President entertained a Motion to accept another Late File from the Mayor —
Approved — Vote: 8 -0
LATE FILE - #372
April 3, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. Andrew Cooper, 24 Everett Street,
Beverly to serve as a member of the Beverly Golf and Tennis Commission.
His term is to be effective until February 1, 2019.
Sincerely yours,
Michael R Cahill
Mayor
Referred to Finance & Property
Communications from other City Officers & Boards:
#373
Communication — Parking & Traffic Commission — No Parking Zone —West Side of Haskell
Street from Rezza Road to Hale Street
Referred to Legal Affairs
#374
Communication — Planning & Community Development — Zoning Ordinance Amendment —
Ground Floor Adtivated Uses in "CC" District Mixed -Use Buildings
Referred to LeLyal Affairs to Set a Joint Public HearinLy with the PlanninLy Board
#144A
Communication — Planning & Community Development — Zoning Ordinance Amendment —
Art. XV — Affordable Housing ( "Inclusionary Housing Ordinance ")
Referred to Legal Affairs to Set a Joint Public Hearing with the Planning Board
Communications, Applications & Petitions:
#375
Application for License to Peddle Cut Flowers — John Bediz — 34 Rocky Hill Road / Essex
Referred to Legal Affairs
#376
Communication — Keolis Commuter Services — 2017 Yearly Operational Plan
Received and Placed on File — Vote: 8 -0
#377
Application for License to Peddle Snoballs — Deshay V. Boyd, 23 Pershing Avenue
Referred to Legal Affairs
#366A
Communication — Gelineau & Kline — 127 Bridge Street — Encroachment / Request of
Permanent Easement or Irrevocable License
Referred to Legal Affairs
Unfinished Business: None
Motions and Orders (Final Passage):
#346
The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic / Safety
Sergeant concerning a Handicapped Sign at 15 Parsons Drive, 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 seventeen
An Ordinance amending an Ordinance relative to:
Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ",
Amending Section 270 -49 as follows:
ADD: Parsons Drive At approximately 15 Parsons Drive
First Reading: Monday, 6 March 2017
Second Reading: Monday, 20 March 2017
Published in the Salem News: Friday, 24 March 2017
Final Passage: Monday, 3 April 2017
Order read once and adopted — Vote: 8 -0
#334
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor— Amendment to an
Ordinance Entitled Chapter #136 — "Child Safety Zones ", 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: In the year two thousand and seventeen
Be it ordained by the City Council of the City of Beverly as follows:
An Amendment to an ordinance entitled Chapter 136 — Child Safety Zones
Be it ordained by the City Council of the City of Beverly as follows:
By amending an ordinance entitled Chapter 136 — Child Safety Zones in the Code of Ordinances of the City
of Beverly by deleting the current text in its entirety and replacing it with the following:
Chapter 136. Child Safety Zones
136 -1. Definitions.
For the purpose of this chapter, the following terms, phrases, words and derivations shall have the
meanings given herein. When not inconsistent with the context, words in the plural number include
the singular and words in the singular number include the plural. The word "shall" is always
mandatory and not merely directory.
CHILD SAFETY ZONE
A park, playground, recreation center, library, school, day -care center, private youth center,
video arcade, bathing beach, swimming pool or wading pool, gymnasium, sports field, or
sports facility, including the parking area and land adjacent to any of the aforementioned
facilities, camp bus stops when children under the age of 18 are present, and school bus stops
during scheduled school transportation hours on school days, which is:
0
Under the jurisdiction of any department, agency, or authority of the City of Beverly,
including but not limited to the School Department of the City of Beverly; or
10
Leased or licensed by the City of Beverly to another person for the purpose of operating
a park, playground, recreation center, bathing beach, swimming pool or wading pool,
gymnasium, sports field, or sports facility.
CHILD SEX OFFENDER
1. Any person required to register as a sex offender pursuant to MGL c. 6, §§ 178C to
178P, inclusive, and given a Level 2 or Level 3 designation by the Sex Offender Registry
Board and whose victim was (or was believed by the offender to be )_a child under the age of
46 48. For the purposes Chapter 136, the term victim includes a child under the aye of 18
who image or likeness is used in any crime listed in paragraph 2 of the definition of Child Sex
Offender.
2. A person who has not yet been classified and who resides, has secondary addresses,
works or attends an institution of higher learning in the commonwealth and who has
been convicted of or who has been adjudicated as a youthful offender or as a delinquent
juvenile, or a person released from incarceration or parole or probation supervision or
custody with the Department of Youth Services for such a conviction or adjudication of
the following offenses: indecent assault and battery on a child under 14 under MGL c.
265, § 1311; rape of a child under 16 with force under MGL c. 265, § 22A; rape and
abuse of a child under MGL c. 265, § 23; assault of a child with intent to commit rape
under MGL c. 265, § 2411; kidnapping of a child under the age of 16 under MGL c. 265,
§ 26; enticing a child under the age of 16 for the purposes of committing a crime under
MGL c. 265, § 26C; indecent assault and battery on a mentally retarded person under
MGL c. 265, § 13F; assault with intent to commit rape under MGL c. 265, § 24; inducing
a minor into prostitution under MGL c. 272, § 4A; living off or sharing earnings of a
minor prostitute under MGL c. 272, § 411; disseminating to a minor matter harmful to a
minor under MGL c. 272, § 28; posing or exhibiting a child in a state of nudity under
MGL c. 272, § 29A; dissemination of visual material of a child in a state of nudity or
sexual conduct under MGL c. 272, § 2911; unnatural and lascivious acts with a child
under 16 under MGL c. 272, § 35A; drugging persons for sexual intercourse under MGL
c. 272, § 3; aggravated rape under MGL c. 277, § 39; knowing purchase or possession of
visual material of child depicted in sexual conduct under MGL c. 272, § 29C; indecent
assault and battery on a child under the age of 14 during commission of certain offenses
or by mandated reporters under MGL c. 265, § 13B V2; indecent assault and battery on a
child under the age of 14 by certain previously convicted offenders under MGL c. 265,
§ 13B %; indecent assault and battery on person fourteen or older (where the victim was
between fourteen and eighteen years of age) under MGL c. 265, § 1311; rape of a child
during commission of certain offenses or by use of force under MGL c. 265, § 2211; rape
of a child through use of force by certain previously convicted offenders under MGL c.
265, § 22C; rape and abuse of child aggravated by age difference between defendant and
victim or by when committed by mandated reporters under MGL c. 265, § 23A; rape
and abuse of child by certain previously convicted offenders under MGL c. 265, § 2311;
enticement of child under age 18 to engage in prostitution, human trafficking or
commercial sexual activity under MGL c. 265, § 26D; trafficking of persons for sexual
servitude; trafficking of persons under 18 years for sexual servitude under MGL c. 265,
§ 50; -and any attempt to commit a violation of any of the aforementioned sections
pursuant to MGL c. 274, § 6, or a like violation of the laws of another state, the United
States or a military, territorial or Indian tribal authority, and whose victim was a child
under the age of 16.
3. _A person who has been adjudicated a sexually dangerous person under MGL c. 123A,
§ 14, as in force at the time of adjudication, or a person released from civil commitment
pursuant to MGL c. 123A, § 9, and whose victim was (or was believed by the offender to
bra child under the age of 168.
4. A person who resides in the Commonwealth of Massachusetts, has a secondary address,
works at or attends an institution of higher learning in the commonwealth and has been
convicted in any other state, in a federal or military court or in any foreign jurisdiction
of any crime the essential elements of which are substantially the same as any of the
crimes specified above in parag aph 2 of the definition of Child Sex Offender. Subsection -A
and which requires registration as a sexual offender in such other state or in the federal
or military system, and who resides or works in this commonwealth and whose victim
was (or was believed by the offender to be -a child under the age of 186.
§ 136 -2. Prohibitions and exceptions.
GA
Prohibition. It shall be unlawful for a child sex offender to be present in any child safety zone
B.
Exceptions. The provisions of this chapter shall not apply to:
Any person whose name has been removed from the Massachusetts Sex Offender Registry or from
the registry of any other state or in the federal or military system by act of a court or by expiration of
the term such person is required to remain on such registry or reclassified as a Level 1 in
Massachusetts or lowest offender category in another jurisdiction.
Facilities in a child safety zone that also support a church, synagogue, mosque, temple or other house
of religious worship, subject to all of the following conditions:
(a)_
The child sex offender's entrance and presence upon the property occurs only during hours of worship
or other religious program /service as posted to the public; and
(b)_
The child sex offender shall not participate in any religious education programs that include
individuals under the age of 18.
Property that also supports a use lawfully attended by a child sex offender's natural or adopted
child(ren), which child's use reasonably requires the attendance of the child sex offender as the child's
parent upon the property, subject to the following condition:
(a)_
The child sex offender's entrance and presence upon the property occurs only during hours of activity
related to the use as posted to the public.
Property that also supports a polling location in a local, state or federal election, subject to all of the
following conditions:
(a)_
The child sex offender is eligible to vote;
(b)_
The property is the designated polling place for the child sex offender; and
(0_
The child sex offender enters the polling place property, proceeds to cast a ballot with whatever usual
and customary assistance is available to any member of the electorate, and vacates the property
immediately after voting.
Property that also supports a school lawfully attended by a child sex offender as a student, under
which circumstances the child sex offender may enter upon the property supporting the school at
which the child sex offender is enrolled, for such purposes and at such times as are reasonably
required for the educational purposes of the school.
Property that also supports a court, government office or room for public governmental meetings,
subject to all of the following conditions:
(a)_
The child sex offender is on the property only to transact business at the government office or place
of business, excluding a library, or attend an official meeting of a governmental body; and
(b)_
The child sex offender leaves the property immediately upon completion of the business or meeting.
136 -3. Notice.
The Chief of Police or his designee shall make reasonable efforts to provide prompt, actual written
notice of the enactment of this chapter (which notice shall contain a copy of this chapter) to all
persons who are listed on the sex offender registry as of the effective date of this chapter and who
were given a Level 2 or Level 3 designation, as well as those persons who are added to the sex
offender registry at such levels thereafter, which persons' addresses (as shown on the sex offender
registry) are within the City of Beverly. Such notice requirement may be satisfied by the mailing of
such notice by registered or certified mail, return receipt requested, to the last known address of such
person as listed on the sex offender registry or as otherwise known to the Chief of Police. The failure
of any person to receive such actual written notice shall not be a defense to a violation of this chapter.
6 136 -4. Enforcement brocedures.
A.
Upon reasonable belief of a police officer that a child sex offender is present in a child safety zone in
violation of this chapter, the officer shall obtain from the suspected child sex offender his /her name,
address, and telephone number. Should the police officer thereafter establish that the individual is a
child sex offender as defined in this chapter, then the officer shall issue a written citation that such
individual is in violation of this chapter and also require that the individual leave the child safety
zone. An individual who refuses to leave or is later found to be in the same child safety zone shall be
subject to the penalties set forth in § 136 -5 .
B.
A map depicting and a written list describing the child safety zones shall be created by the Planning
and Engineering Departments of the City and maintained by the Police Department, which map shall
be reviewed annually for changes. Said map and list, as well as a copy of this chapter, shall be
available to the public at the offices of the Beverly Police Department and Beverly City Clerk and at
all public buildings and will also be posted on the City of Beverly's official website. In the event that
the list, map or the words of this chapter shall conflict, then the words of this chapter shall control.
§ 136 -5. Violations and penalties.
[Amended 1 -20 -2011 by Ord. No. 226]
A.
Any violation of this chapter may be subject to criminal penalties and prosecuted in a court of
competent jurisdiction and shall result in a criminal fine of up to $150 for a first violation. Refusal to
leave a child safety zone or being later found in the same child safety zone shall result in a criminal
fine of up to $300. A second or any subsequent violation of this chapter shall be subject to a criminal
fine of up to $300. A child sex offender commits a separate offense for each and every violation of
this chapter. Except for persons who are not yet 47- years of age when they commit any such
offense, violation of this chapter may further constitute a violation of MGL c. 272, § 59, for which
the violator is also subject to immediate arrest without warrant. The issuance of a citation shall not
preclude the City from seeking or obtaining any or all other legal and equitable remedies to prevent
or address a violation of this chapter, to include written notification to the parole and /or probation
officer and the Commonwealth's Sex Offender Registry Board that the child sex offender has violated
a municipal ordinance.
B.
As an alternative, any violation shall result in a noncriminal fine of $150 for a first violation. Refusal
to leave a child safety zone or being later found in the same child safety zone shall result in a
noncriminal fine of $300. A second or subsequent violation of this chapter shall be subject to a
noncriminal fine of $300. A child sex offender commits a separate offense for each and every
violation of this chapter. Except for persons who are not yet 47-- years of age when they commit
any such offense, any violation of this chapter may further constitute a violation of MGL c. 272, § 59,
for which the violator is also subject to immediate arrest without warrant. The issuance of a citation
shall not preclude the City from seeking or obtaining any or all other legal and equitable remedies to
prevent or remove a violation of this chapter, to include written notification to the parole and /or
probation officer and the Commonwealth's Sex Offender Registry Board that the child sex offender
has violated a municipal ordinance.
C.
Injunction. If a child sex offender is present upon or within a safety zone in violation of this chapter,
the City Solicitor may bring an action in the name of the City to enjoin future violations of this
chapter by such violator.
First Reading: Monday, 6 March 2017
Second Reading: Monday, 20 March 2017
Published in the Salem News: Friday, 24 March 2017
Final Passage: Monday, 3 April 2017
Order read once and adopted — Vote: 8 -0
Reports of Committees:
#370
The Committee on Finance & Property, to whom was
Member Rate Schedule – Beverly Golf & Tennis Club,
follows, to wit:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 8 -0.
#371
referred the matter of Communication – Mayor – 2017
have considered said matter and beg leave to report as
The Committee on Finance & Property, to whom was referred the matter of Communication – Mayor – MA -DOT
Aeronautics Division Grant – Purchase Skid Steer Loader (set a Public Hearing), 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 hold a Public Hearing on Tuesday, 18 April 2017 at
7:30 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA, relative to the approval of the
expenditure of a MASS -DOT grant of $100,800 as required by MGL Ch44 section 53A as well as an
appropriation from the Airport Enterprise Fund of $25,200 to meet the expenditure match terms of the grant for
the purchase of capital equipment. The equipment, a skid steer loader, is outlined in the grant application on
file with the City Clerk, and will aid the ongoing maintenance of the fence line and support other airport
maintenance needs. The Airport will be required to cover 25% of the overall cost of the equipment and
therefore will require the transfer from the enterprise fund balance of $25,200. The total cost of the purchase
is estimated at $126,000.
Order read once and adopted — Vote: 8 -0
#144
The Committee on Legal Affairs, to whom was referred the matter of Communication – Councilor Rand –
Inclusionary Ordinance Amendment, have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 8 -0.
#144A
The Committee on Legal Affairs, to whom was referred the matter of Communication – Planning Director –
Proposed Zoning Ordinance Amendment – Article XV – Affordable Housing ( "Inclusionary Housing Ordinance "),
have considered said matter and beg leave to report as follows:
Submit the accompanying amended Order and recommend its adoption:
ORDERED: that the Beverly City Council and the Beverly Planning Board will hold a Joint Public Hearing on
Monday, 1 May 2017 at 7:30 p.m. in City Hall, 191 Cabot Street – 3r Floor, Council Chamber, Beverly, MA,
relative to a proposed Amendment to the Zoning Ordinance 4300 - Zoning, Article XV – Affordable Housing
( "Inclusionary Housing Ordinance "):
PROPOSED ZONING AMENDMENT
March 30, 2017
The Beverly Planning Department hereby submits a proposed amendment to the Beverly
Zoning Ordinance Chapter 300, Article XV — Affordable Housing ( "Inclusionary Ordinance ").
The following amendments are proposed:
0 Amend Section 300 — 103: [Applicability] the amendment will lower the threshold for
residential development projects that are subject to Inclusionary Housing requirements from
10 or more dwelling units to 6 or more dwelling units. Section 300 — 103 is to be amended
as follows:
A. This article applies to any development that results in or contains 146 or more residential
dwelling units. The types of development subject to the provisions of this article include,
without limitation, the following:
1. A division of land resulting in the creation of ' '41 - -r or more residential lots.
Developments shall not be segmented to avoid compliance with this Section.
"Segmentation" shall mean divisions of land that would cumulatively result in
an increase of 1— (4 -0 -) or more residential lots above the number existing
on a parcel of land or contiguous parcels in common ownership or control twenty -four
months prior to the application. Where such segmentation
occurs, it shall be subject to 34.1Article XV. A subdivision or
division of land shall mean any subdivision as defined in the Subdivision Control
Law, Chapter 41, Sections 81K -81GG of the Massachusetts General Laws, or any
division of land under Chapter 41, Section 81P of the Massachusetts General
Laws, when such division of land results in lots for residential use.
2. New residential construction or new mixed -use construction that includes ten (10 )6 or
more dwelling units.
3. A development of 10 1101 E or more new dwelling units that involves the redevelopment,
reconstruction or rehabilitation of an existing multi - family
building or structure, if such development results in an increase of or
more units in the number of dwelling units in the original structure.
4. A development that will change the use of an existing building from nonresidential to
residential use.
B. This Section does not apply to nursing homes, projects meeting the definition of
subsidized elderly housing or congregate elderly housing, nor to the rehabilitation of
any building or structure wholly or substantially destroyed or damaged by fire or
other casualty; provided, however, that no rehabilitation nor repair shall increase
the number of dwelling units on the lot as existed prior to the damage or
destruction thereof, except in conformance with this Section. (Ord. No. 72, 7 -9 -09)
C. Any other development with dwelling units to which this Section does not
otherwise apply may elect to be subject to this Section, provided the
development meets all applicable requirements herein. Special permits
authorized under this Section for developments with (ta)' or more dwelling
units may also be granted to any other development with dwelling units, in the
discretion of the Planning Board.
Amend Section 300 — 104: [Housing Affordability] the amendment will introduce
additional levels of affordability for meeting on -site affordability requirements of the
Inclusionary Ordinance. Section 300 — 104 is to be amended as follows:
A. Except as provided below, each affordable unit created under this Section shall be sold or
rented by using one of the following affordability scenarios:
1. to No less than twelve percent (12 %) of dwelling units shall be affordable
to a household with income at or below 80% of the area median income that
applies to subsidized housing in the City of Beverly, as reported annually by
the U.S. Department of Housing and Urban Development (HUD), adjusted for
household size.
2. No less than eight percent (8 %) of dwelling units shall be affordable to a
household with income at or below 60% of the area median income that
applies to subsidized housing in the City of Beverly, as reported annually by
HUD, adjusted for household size.
3. No less than ten percent (10 %) of dwelling units shall be affordable to
household hen an applicant provideswhere at least one -half of the
required affordable units for households with income at or below '.Of'% of area
median income, the remaining affordable units may be sold or rented to
households with incomes up to 105 of area median income, adjusted for
household size, subject to approval by the Planning Board.
B. In the instance of a fraction, a fraction of a lot or dwelling unit shall be
rounded up to the nearest whole number. Nothing in this section shall
preclude a developer from providing more affordable housing units than
required hereunder.
C. Development projects creating or containing six to nine dwelling units as
established in Section 300— 103 shall provide one affordable unit sold or rented
to a household with income at or below 80% of the area median income that
applies to subsidized
housing in the City of Beverly, as reported annually by (HUD), adjusted for
household size.
Amend Section 300 — 106: [Minimum Percentage of Affordable Units] by
eliminating the section in its entirety, and incorporating its provisions within Section 300
—104.
* Amend Section 300 — 108: [Methods for Providing Affordable Units] the amendment
will allow donation of land for purpose of creating affordable housing units for both home
ownership or rental residential units. The ordinance would amend Subsection B(3) as follows:
Donation of developable land in the City of Beverly to the Beverly Housing
Authority, the Beverly Affordable Housing Coalition, Inc. or a comparable
entity determined at the discretion of the Planning Board, provided the
receiving organization agrees in writing to accept the land and the
applicant demonstrates to the Planning Board's satisfaction that said land
is developable for an equivalent number of affordable units in
conformance
with the Beverly Zoning Ordinance, ,,...ply— erfy --
Donated land need not be located in
the same zoning district as the development, and shall be subject to a deed
restriction limiting its use to mixed - income or affordable housing.
Order read once and adopted — Vote: 8 -0
#289A
The Committee on Legal Affairs, to whom was referred the matter of Communication – Atty. Thomas J.
Alexander, Alexander & Femino – Open Space Conveyance – Standley Street Gardens & Emily Way (paper
street), have considered said matter and beg leave to report as follows, to wit:
Recommend the Council Approve the Request subject to the property being free of liens and with the
signature of the Mayor.
Order read once and adopted — Vote: 8 -0
#2896
The Committee on Legal Affairs, to whom was referred the matter of Communication – Planning Board –
Recommendation (Emily Way formerly known as 44 & 52 Standley Street), have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 8 -0
#354
The Committee on Legal Affairs, to whom was referred the matter of Communication – Mayor – Appointment
– Planning Board – Zane Craft, 5 Stone Street, have considered said matter and beg leave to report as
follows:
Recommend the Council Approve the Appointment
Order read once and adopted — Vote: 8 -0
274
#355
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor —
Reappointments — Historic District Commission — William Finch & James Younger, have considered said
matter and beg leave to report as follows:
Recommend the Council Approve the Reappointments
Order read once and adopted — Vote: 8 -0
#361
The Committee on Legal Affairs, to whom was referred the matter of Communication — Council President —
Appointment — Parking & Traffic Commission — John Lozada, have considered said matter and beg leave to
report as follows:
Recommend the Council approve the Appointment
Order read once and adopted — Vote: 8 -0
#3666
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — 127 Bridge
St4reet Declaration of Property Available for Disposition, have considered said matter and beg leave to report
as follows:
Submit the accompanying Order and recommend its adoption:
ORDER DECLARING PROPERTY AVAILABLE FOR DISPOSITION
The Beverly City Council hereby declares that the following property is available for disposition:
51.36 square feet on the sidewalk of Bridge Street outside of number 127 Bridge Street as shown in the
attached plan. The property is currently the subject of an encroachment by the foundation and roof overhang
of the building at 127 Bridge Street.
Order read once and adopted — Vote: 8 -0
#367
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Food Truck
Pilot Program @ Ellis Square, have considered said matter and beg leave to report as follows:
Submit the accompanying Order and recommend its adoption:
ORDER ESTABLISHING FOOD TRUCK PILOT PROGRAM
WHEREAS, the City of Beverly (City), along with the City Council, has made a commitment to
revitalizing downtown Beverly;
WHEREAS, as part of that revitalization, working alongside Beverly Main Streets, the Community
Preservation Committee, and others, the City has undertaken to redesign Ellis Square;
WHEREAS, the redesign project at Ellis Square will be completed in the late spring;
WHEREAS, food trucks are an increasingly popular amenity in cities and towns in Massachusetts and
across the country; and
WHEREAS, bringing food trucks to Ellis Square will activate the area in a manner consistent with the
City's goals of downtown revitalization.
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NOW THEREFORE it is ORDERED that:
The Planning Department of the City of Beverly may create and administer a pilot program to license
food trucks at Ellis Square from June 1, 2017 until September 30, 2017.
The Planning Department will be responsible for:
establishing criteria for the selection of food trucks to be awarded licenses;
creating a selection committee, including a member of the City Council, who will choose the food
trucks to be awarded licenses;
creating rules, regulations, and requirements for applicants and licensees;
administering the pilot program;
presenting a review of the program to the City Council.
Food Trucks will also require inspection and a permit from the Board of Health.
Order read once and adopted — Vote: 8 -0
#374
The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning Director —
Proposed Zoning Ordinance Amendment Establshing Regulations for ground Floor Activated Uses in Mixed -
Use Buildings in the "CC" Zoning District, have considered said matter and beg leave to report as follows:
Submit the accompanying amended Order and recommend its adoption:
ORDERED: that the Beverly City Council and the Beverly Planning Board will hold a Joint Public
Hearing on Monday, 1 May 2017 at 8:15 p.m. in City Hall, 191 Cabot Street — 3rd Floor, Council
Chamber, Beverly, MA, relative to a Proposed Zoning Ordinance Amendment Establishing Regulations
for Ground Floor Activated Uses in Mixed -Use Buildings in the "CC" Zoning District by amending
Chapter 300 — Zoning, Article XVII — ( "District Regulations "):
Order read once and adopted — Vote: 8 -0
#375
The Committee on Legal Affairs, to whom was referred the matter of Application for License to Peddle — Cut
Flowers — John 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: 7 -1 (Councilor Silva Against)
#377
The Committee on Legal Affairs, to whom was referred the matter of Application for License to Peddle —
Snoballs — Deshay Vince Boyd, 23 Pershing Avenue, have considered said matter and beg leave to report as
follows:
Recommend the License be granted
Order read once and adopted — Vote: 8 -0
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Council President mentioned Riley's Rockin 10 Birthday Celebration this coming Sunday, 9 April.
Busnisses listed below are generously donating a percentage of their sales on 9 April to the Jimmy
Fund Clinic in Riley's name. The funds will be used for pediatric solid tumor cancer research and to
make the lives of children and families effected by pediatric cancers a little easier. Participating
during their Sunday business hours: Acapulcos, Bertuccis, Clay Dreaming, Dairy Queen, E.J.Cabots
(during brunch), Fibber McGee's, Little Italy & Super Sub. Please wear your Riley Rocks gear from
Todd's Sporting Goods. Todd's donates proceeds from Riley Rocks gear to charity year round.
Orders for Riley Rocks gear can be made online and in the store - please note Todd's is not open on
Sundays.
Councilor Frates asked that the Council convey its deepest sympathy to the DeLorenzo Family on
the tragic accident this past weekend that took the life of their son Jeff.
Councilor Lang announced the annual Ryal Side Easter Egg Hunt next Sunday, 9 April @ Noon,
Obear Park.
Meeting Adjourned: 8:05 PM Attest: D. Wesley Slate, Jr.
City Clerk
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