Minutes - Monday 19 June 2017Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 19 June 2017 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber
Called to Order @ 7:04 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 Lang
Moment of Silence: None
Comments by Citizens (subject to the conditions contained in Appendix
A to the City Council's 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
Acceptance of Minutes of Previous Meeting:
1. Monday, 5 June 2017 - Regular Meeting
2. Monday, 12 June 2017 — Special Meeting
Vote to Annrove: 9 -0
Resolutions:
1. #436A — Ryal Side Civic Association Parade Grand Marshalls (read by
Councilor Lang)
Vote to Annrove: 9 -0
Council President entertained a Motion to accept a Resolution as a Late File
from
Council Vice President — Approved — Vote: 9 -0
2. LATE FILE - #454 — FY2018 Budget
Referred to Finance & Property
Presentations, Awards & Memorials: None
Communications from His Honor the Mayor:
#438
June 19, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
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Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through the Beverly Senior Center and
Council on Aging, has received a Massachusetts Council on Aging Grant in the amount of
$3,750. With your approval, this grant will be used to fund the Aging Mastery Program, a ten
week series for seniors focused on positive aging and healthy lifestyles. Massachusetts General
Law Chapter 44 Section 53Arequires 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 June 19, 2017.
Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#439
June 19, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Police Department, has received
a Massachusetts Executive Office of Public Safety Grant in the amount of $3,000. With your
approval, this grant will be used to fund traffic enforcement shifts. Massachusetts General Law
Chapter 44 Section 53Arequires 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 June
19, 2017. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
#440
June 19, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
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I hereby reappoint subject to your review and recommendation Mr. John L. Massa, 96 Woodland
South, Lynn, MA 01904 to serve as Constable in the City of Beverly for the express purpose of
serving Civil Process.
Attached is Mr. Massa's application which has been approved by Police Chief John LeLacheur.
Mr. Massa's term will be effective until June 30, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Attachment
Referred to Legal Affairs
#441
June 19, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint subject to your review and recommendation Mr. Douglas T. Vigliotta, 9 Deer
Haven Road, Beverly to serve as Constable in the City of Beverly for the express purpose of
serving Civil Process.
Attached is Mr. Vigliotta's application which has been approved by Police Chief John
LeLacheur.
Mr. Vigliotta's term will be effective from July 31, 2017 until July 31, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Attachment
Referred to Legal Affairs
#442
June 19, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
321
Dear Honorable City Council:
I hereby reappoint subject to your review and recommendation Jessica Wistran, Esq., 65
Lexington Circle, Swampscott to serve on the Council on Aging.
Ms. Wistran is an attorney with Glovky & Glovsky located in Beverly. She brings valuable
experience and guidance, therefore I ask that you grant a waiver for the residency requirement
and allow her to serve on the Board.
Her term is to be effective from June 30, 2017 until June 30, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Referred to Public Services
#443
June 19, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint subject to your review and recommendation Mr. Gregory Sharp, 8 Leather
Lane and Mr. Charlie Mann, 21 Riverview Street, Beverly to serve as the At -Large
Representatives on the Open Space and Recreation Committee.
Their terms are to be effective from August 31, 2017 until August 31, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Referred to Legal Affairs
Communications from other City Officers & Boards:
#444
Council President — Re- Election of City Clerk
Order read once and adopted — Vote: 9 -0
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#445
Council Vice President — Solicitor's Opinion relative to Budget Analyst position
Referred to Legal Affairs
#446
Finance Director — Request for reauthorization of revolving accounts
Referred to Finance & Pro
Council President entertained a Motion to accept two Late Files from
Council President — Approved — Vote: 9 -0
LATE FILE - #452 — Council President — Reappointment — CPC — Christy Edwards
Referred to Legal Affairs
LATE FILE - #453 — Council President — Appointment — CPC — John A. Hall
Referred to Legal Affairs
Council President entertained a Motion to accept a Late File from
City Solicitor — Approved — Vote: 9 -0
LATE FILE - #445A — City Solicitor — Response to Council Vice President's
Communication
Referred to Legal Affairs
Communications, Applications & Petitions:
#447
Application — Temporary License to Peddle — 4th of July - Bruce W. Gordon (Balloons &
Novelties)
Referred to Legal Affairs
#448
Waiver of Alcohol in Public Buildings Ordinance — Mini -Golf Tournament — Beverly
Public Library, 23 September 2017 — Sarah Weiss
Referred to Legal Affairs
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#449
Communication — John Taylor, 41 Cole Street — MBTA Shutdown
Received and Placed on File — Vote: 9 -0
#451
Communication — Julie Snyder, 17 Old Rubbly Road — School Budget
Received and Placed on File — Vote: 9 -0
Unfinished Business:
#144A (Final Passage)
Amended Zoning Ordinance — Inclusionary Housing
The Committee on Legal Affairs, to whom was referred the matter of Communication – Planning Director –
Proposed Zoning Amendment – Article XV – Affordable Housing ( "Inclusionary Housing Ordinance "), have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adtoption, pending Publication and Final
Passage:
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:
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.
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2. New residential construction or new mixed -use construction that includes ten (10 )6
or more dwelling units.
3. A development of 10 JIOIF 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:
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._ 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
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 subsidizedhousing in the City of Beverly, as reported
annually by (HUD), adjusted for household size.
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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.
First Reading: 3 April 2017
Second Reading: 5 June 2017
Publication in the Salem News: 9 June 2017
Final Passage: 19 June 2017
Order read once and adopted — Vote: 9 -0
#386 (Final Passage)
Amended Zoning Ordinance — Recreational Marijuana Moratorium
The Committee on Legal Affairs, to whom was referred the matter of Communication – Planning director –
Zoning Amendment – "Recreational Marijuana Sales ", have considered said matter and beg leave to report
as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final
Passage:
Ordered:
Article XVII
Section 300 -22
Temporary Moratorium on the Sale and Distribution of Recreational Marijuana until December
31, 2018.
1. Purpose.
By vote at the State Election on November 8, 2016, the voters of the Commonwealth of
Massachusetts approved a law (Ballot Question 4) regulating the cultivation, distribution,
possession and use of marijuana for recreational purposes. In Beverly, Ballot Question 4 passed
with 54.3% of the electorate voting in favor and 44.1% voting opposed to the measure. The law
went into effect on December 15, 2016. Pursuant to Chapter 334 of the Acts of 2016, as
amended by Chapter 351 of the Acts of 2016, the Cannabis Control Commission is required to
promulgate regulations regarding implementation of Marijuana Establishments for non-
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medically prescribed marijuana ( "Recreational Marijuana Establishments ") by March 15, 2018
( "CCC Regulations "). The CCC Regulations are expected to provide guidance to the City in
regulating Recreational Marijuana Establishments.
Currently, Chapter 300 of the City's General Code (the City's Zoning Ordinances) does
not identify Recreational Marijuana Establishments (defined below) as permitted uses, nor are
there specific restrictions on such use. The regulation of Recreational Marijuana Establishments
raises novel and complex legal, planning, and public safety issues. The City needs time to study,
consider, and engage in decision - making regarding this new use and is awaiting the CCC
Regulations for its consideration in that process. Additionally, the City needs time to address the
potential impact of the CCC Regulations on local zoning and to undertake a planning process to
consider amending the City Zoning Ordinances in order to regulate Recreational Marijuana
Establishments, as well as other uses related to the sale and distribution of recreational
marijuana.
The City hereby adopts a temporary moratorium on the use of land and structures in the
City for Recreational Marijuana Establishments in order to allow the City sufficient time to
engage in a planning process to address the effects of such structures and uses in the City and to
adopt provisions of the Zoning Ordinances in a manner consistent with sound land use planning
goals and objectives.
2. Definitions.
"Hemp ", the plant of the genus Cannabis or any part of the plant, whether growing or not,
with a delta -9- tetrahydrocannabinol concentration that does not exceed 0.3 per cent on a dry
weight basis of any part of the plant of the genus Cannabis, or per volume or weight of marijuana
product, or the combined per cent of delta- 9-tetrahydrocannab inol and tetrahydrocannabinolic
acid in any part of the plant of the genus Cannabis regardless of moisture content.
"Manufacture ", to compound, blend, extract, infuse or otherwise make or prepare a
marijuana product.
"Marijuana " - "all parts of any plant of the genus Cannabis, not excepted below and
whether growing or not; the seeds thereof, and resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or
resin including tetrahydrocannabinol as defined in section 1 of chapter 94C of the General Laws;
provided that "Marijuana" shall not include: (1) The mature stalks of the plant, fiber produced
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from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the
seeds of the plant or the sterilized seed of the plant that is incapable of germination;
(2) Hemp; or
(3) The weight of any other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink or other products.
"Marijuana accessories ", equipment, products, devices or materials of any kind that are
intended or designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing
marijuana into the human body.
"Marijuana cultivator ", an entity licensed to cultivate, process and package marijuana, to
deliver marijuana to recreational marijuana establishments and to transfer marijuana to other
recreational marijuana establishments, but not to consumers.
"Marijuana product manufacturer ", an entity licensed to obtain, manufacture, process and
package marijuana and marijuana products, to deliver marijuana and marijuana products to
recreational marijuana establishments and to transfer marijuana and marijuana products to other
recreational marijuana establishments, but not to consumers.
"Marijuana products ", products that have been manufactured and contain marijuana or an
extract from marijuana, including concentrated forms of marijuana and products composed of
marijuana and other ingredients that are intended for use or consumption, including edible
products, beverages, topical products, ointments, oils and tinctures.
"Marijuana testing facility ", an entity licensed to test marijuana and marijuana products,
including certification for potency and the presence of contaminants.
"Marijuana retailer ", an entity licensed to purchase and deliver marijuana and marijuana
products from recreational marijuana establishments and to deliver, sell or otherwise transfer
marijuana and marijuana products to recreational marijuana establishments and to consumers.
"Process" or "processing ", to harvest, dry, cure, trim and separate parts of the marijuana
plant by manual or mechanical means, except it shall not include manufacture as defined in
subsection (f) of this section.
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"Recreational marijuana establishment ", a marijuana cultivator, marijuana testing facility,
marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-
related business.
3. Temporary Moratorium.
For the reasons set forth above and notwithstanding any other provision of the Zoning
Ordinances to the contrary, the City hereby implements a temporary moratorium on the use of
any and all land or structures for Recreational Marijuana Establishments. The moratorium shall
be in effect through December 31, 2018. During the moratorium period, the City shall undertake
a planning process which:
- addresses the potential impacts of recreational marijuana in the City;
- considers the Cannabis Control Commission's regulations regarding Recreational
Marijuana Establishments and related uses;
- considers any updates or changes to Massachusetts General Laws regarding the use of
marijuana;
- considers public safety implications, if any, of Recreational Marijuana Establishments;
- considers the appropriate locations within the City, if any, for the various types of
licensed Recreational Marijuana Establishments; and
- develops and adopts new provisions of the Zoning Ordinances to address the impact and
operation of Recreational Marijuana Establishments and related uses.
4. Severability.
The provisions of this ordinance are severable. If any provision, paragraph, sentence, or
clause of this ordinance or the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other provisions or application of this
ordinance.
First Reading: 18 April 2017
Second Reading: 5 June 2017
Publication in the Salem News: 9 June 2017
Final Passage: 19 June 2017
Order read once and adopted — Vote: 9 -0
Public Hearing:
1. 7.45 PM - #425 — FY2017 Summer Projects
Public Hearing Held and closed, referred back to Finance & Property
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Reports of Committees:
#374
The Committee on Legal Affairs, to whom was referred the matter of Joint Public Hearing with the Planning
Board — Ground Floor Activated Uses Zoning 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: 9 -0
#374A
The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning Board
Recommendation re #2017 -374 — Ground Floor Activated Uses Zoning Amendment, have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final
Passage:
PROPOSED ZONING AMENDMENT:
ACTIVATED GROUND FLOOR USE
The following proposed changes to the proposed zoning amendment for Activated Ground Floor Use in
the CC District have been suggested between March 30, 2017 and May 30, 2017.
Section 300 -5. Definitions
Activated Ground Floor Use, Item (1) — Add "(16) Taxi, rail, bus passenger terminal' as exception to
permitted uses by- right.
Core Pedestrian Area — Changed "Fayette Street" to "Edwards Street" due to writing error in initial draft.
Section 300 -40I. Activated Ground Floor Development Standards
(2) Change "hotel' to "hotel /motel' for greater accuracy and broader coverage
(5) Add "(windows)" after "transparency. Revise 2n sentence to read: "Dark tinting and completely
covered windows should be avoided."
(6) Add "Where permitted outside the Core Pedestrian Area," at the beginning of the 2n sentence, before
"Residential... " and change "should" to "may ".
Add new - (7) On buildings with a zero foot front setback, doorways shall be recessed, at a minimum
distance equal to the swing of the door, to add visual character to the street and prevent doors from
opening into the sidewalk. Doorways on buildings with greater front setback may also consider a recessed
doorway.
PROPOSED ZONING AMENDMENT
March 30, 2017
*revised May 30, 2017*
The Beverly Planning Department hereby submits a proposed amendment to the Beverly Zoning
Ordinance Chapter 300, Article II — Definitions and Article XVII — District Regulations. The following
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amendments are proposed:
Section 300 -5 [Definitions]
Add the following new definitions to Section 300 -5.
Activated Ground Floor Use
Uses that encourage and support pedestrian activity on the ground floor of buildings and meet the
Activated Ground Floor Development Standards in Section 300 -40I. They include:
(1) Non - residential uses permitted by right in Section 300 -40B except not (11) funeral home, (14)
data processing center, etc., (15) printing and publishing establishments, J 16 Taxi, rail, bus
passenger terminal;
(2) Non - residential uses permitted by special permit according to Section 300 -40C, only including
(1)(g) hotel or motel, (1)(h) place of commercial recreation, (1)(m) maker space, and (2)(a) Bed
& Breakfast;
(3) Lobby and circulation space serving a multi - family dwelling, pursuant to Section 300 -40I; and
(4) Open space or area that is accessible to the general public (e.g. pocket park, plaza).
In the Core Pedestrian Area, this use does not include any other uses accessible only to residential
tenants, or their management, of the same building, including single -unit residential entrances,
trash/recycling areas, metering stations and utilities (except fire service stand pipes), delivery and
service bays, and other typically back -of -house functions for residential. Drive - through uses are not
permitted.
Core Pedestrian Area
Refers to those parcels within the CC Central Business District that front on (a) either side of Cabot
Street (a "Primary Street ") from Elliott Street to Highland Avenue; or (b) either side of Rantoul Street
(a "Primary Street ") from Bow Street to Edwards Street; or (c) lower Railroad Avenue and Broadway
(both "Primary Streets ") only where they face Odell Park. This area need not be shown on the Zoning
Map.
Section 300 -40 [CC Central Business District]
Amend Section 300 -40.B. Uses by right. Property and buildings shall be used only for the following
purposes:
B._Uses by right. Property and buildings shall be used only for the following purposes:
(3) Mixed -use building containing both commercial and residential (multi - family dwelling) uses,
provided:
(a) In the Core Pedestrian Area (as defined in Section 300 -5), 100% of the ground floor facing
the primary street shall be occupied by an Activated Ground Floor Use (as defined in Section
300 -5) and the use(s) shall meet the Activated Ground Floor Design Standards in Section 300 -
40I. If a specific use is listed separately under Section 300 -40C, the special permit still
applies.
(b) Outside the Core Pedestrian Area (as defined in Section 300 -5), the ground floor facing the
primary street shall be designed to accommodate an Activated Ground Floor Use (as defined
in Section 300 -5) and to meet the Activated Ground Floor Design Standards in Section 300 -
40I in anticipation of future market demand for non - residential uses. However, while
Activated Ground Floor Uses are encouraged, residential uses, including residential units, and
any other use permitted by right, may be located on the ground floor. If a specific use is listed
separately under Section 300 -40C, the special permit still applies.
Amend Section 300- 40C(1). Uses by Special Permit.
C. Uses by special permit.
L1 The following uses are only allowed by special permit granted by the Planning Board:
(a) Multifamily dwelling, apartment house, or mixed -use building that does not meet the
standards specified in Section 300- 40B(3). Subject to Subsection H, Special Requirements for
Multiple Buildings, if applicable.
Add new Section 300 -40I. Activated Ground Floor Development Standards.
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Section 300 -40I. Activated Ground Floor Development Standards. The development of Activated Ground
Floor Uses in the CC District shall be in accordance with the following standards, as well as the Beverly
Downtown Design Guidelines and Design Guidelines for Tall Buildings, as applicable:
(1) Buildings shall extend across a minimum of 80% of the lot at the frontage on the primary street,
allowing for vehicular and pedestrian circulation. Public open space at the sidewalk may be included
in the 80% if a building is located behind it.
(2) No more than 25% of the ground floor space in the building facing the primary street can support any
combination of residential lobby and residential circulation, private open space, and/or hotel /motel
uses, in the Core Pedestrian Area.
(3) Uses on the ground floor shall have no less than 25 feet of building depth (or the full depth of the
building, whichever is less).
(4) The floor to floor height of ground floors shall be no less than 12 feet in all mixed -use buildings in
the CC District, regardless of residential use on the ground floor. Floor to floor heights may be
adapted to accommodate grade changes along the street as necessary.
(5) In the Core Pedestrian Area, the glazing /transparency (windows) of the facade shall extend for 70%
of the facade width, between 2 feet and 10 feet from the sidewalk grade. Dark tinting and completely
covered windows should be avoided.
(6) On ground floors facing primary streets, doorways shall open directly to the sidewalk. Where
permitted outside the Core Pedestrian Area, residential units on the ground floor may open to the
sidewalk where feasible.
(7) On buildings with a zero foot front setback, doorways shall be recessed, at a minimum distance equal
to the swing of the door, to add visual character to the street and prevent doors from opening onto the
sidewalk. Doorways on buildings with greater front setback may also consider a recessed doorway.
Order read once and adopted — Vote: 9 -0
#418
The Committee on Legal Affairs, to whom was referred the matter of Application — Class II Motor Vehicle
License — Cabot Fuels Auto Repair, Inc., 449 Cabot Street, have considered said matter and beg leave to
report as follows, to wit:
Recommend the License be Granted
Order read once and adopted — Vote: 8 -1 (Councilor Houseman opposed)
#427
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor —
Reappointment — Constable — Mark S. lanuzzi, 29 Granite Street, Peabody, MA, have considered said matter
and beg leave to report as follows, to wit.
Recommend the Council approve the Request
Order read once and adopted — Vote: 9 -0
#428
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor —
Reappointments — Conservation Commission — Christine Bertoni, 62 Hart Street; Jenna Pirrotta, 94 Brimbal
Avenue; Richard Grandoni, 58 Neptune Street, have considered said matter and beg leave to report as
follows, to wit.
Recommend the Council approve the Reappointments.
Order read once and adopted — Vote: 9 -0
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#431
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor —
Reappointment — Licensing Board — Richard S. Kelley, 2 Goodwin Road, have considered said matter and
beg leave to report as follows, to wit.
Recommend the Council approve the Reappointment.
Order read once and adopted — Vote: 9 -0
#432
The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Martin —
Appointment — Open Space & Recreation Committee, have considered said matter and beg leave to report
as follows, to wit.
Recommend the Council approve the Appointment.
Order read once and adopted — Vote: 9 -0
#447
The Committee on Legal Affairs, to whom was referred the matter of Application — Temporary License to
Peddle — 4 of July @ West Beach — Bruce W. Gordon (Balloons & Novelties), have considered said matter
and beg leave to report as follows, to wit.
Recommend the License be Granted
Order read once and adopted — Vote: 9 -0
#448
The Committee on Legal Affairs, to whom was referred the matter of Request for Waiver of Alcohol in Public
Buildings Ordinance — Sarah Weiss, Beverly Public Library, Saturday, 23 September 2017, Mini -Golf
Tournament, have considered said matter and beg leave to report as follows, to wit.
Recommend the Council approve the Request
Order read once and adopted — Vote: 9 -0
#438
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Grant
— MA Council on Aging - $3750 — Aging Mastery Program, have considered said matter and beg leave to
report as follows:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 9 -0
#439
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Grant
— MA Executive Office of Public Safety - $3000 — Beverly Police Department Traffic Enforcement Shifts, have
considered said matter and beg leave to report as follows:
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Recommend the Council Approve the Request
Order read once and adopted — Vote: 9 -0
#446
The Committee on Finance & Property, to whom was referred the matter of Communication — Finance
Director — Request for reauthorization of revolving accounts, have considered said matter and beg leave to
report as follows:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 9 -0
#425 — Council President had referred this Order back to Finance & Property,
however it was voted on the floor in Committee of the Whole
Order read once and adopted — Vote: 9 -0
#429
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Reappointment — Director of Parks, Recreation and Community Services — Bruce Doig, for a period of three
years, 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
#430
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Reappointment — Director of Engineering, Commissioner of Public Services, Public Works — Michael Collins,
for a period of three years, 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
#414
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor —
FY2018 Budget, have considered said matter and beg leave to report as follows:
Recommend the Council Approve the Request
Much discussion ensured based on the FY2018 Budget submitted by the Mayor,
his Budget Message and subsequent e-mail communication with the Council.
Council President proceeded to go through the document line by line and obtain
votes on each department, which votes are shown on the copy of the document
filed with the Order. The final vote on the entire Budget reflected the Order read
once and adopted. Vote: 9 -0.
#454
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Council Vice President Houseman requested that his Resolution be Received and Placed on File
Order read once and adopted — Vote: 9 -0
Motions and Orders: None
Meeting Adjourned: 9:43 PM Attest: D. Wesley Slate, Jr.
City Clerk
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