Loading...
2007-06-25 Special Meeting Beverly City Council 7:00, PM June 25, 2007 Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag: Led by Councilor Coughlin Appointments: Public Hearings and Presentations: 7:05 PM Public Hearing Loan Order Purchase of Fire Apparatus Refer to Finance and Property 7:10 PM Public Hearing Bond Authorization from Sewer Fund for Raymond Farms Drainage ($1.67 Million) Refer to Finance and Property 7:15 PM Public Hearing Loan Order-Chubbs Brook Drainage ($130,000) Refer to Finance and Property Homecoming Committee Report: Rules suspended for report Acceptance of Minutes: Meeting of June 18, 2007 Communications from His Honor the Mayor: #171 June 25, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I enclose a report with attachments from Beverly Police Chief John Cassola for your review and whatever action the Council deems appropriate. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Committee of the Whole. Finance and Property. Leqal Affairs and Public Services Communications from Other City Officers and Boards: #172 June 25, 2007 Dear Honorable Council, Two weeks ago each member of the Beverly City Council received an anonymous letter in regards to Mayor William Scanlon's appointment of Beverly Police Lieutenant Mark Ray to the position of Police Chief. The letter was highlighted by accusations and allegations involving a number of city employees, as well as a number of private citizens. On the night of June 11, 2007, Lieutenant Ray was questioned by the Council, as is the custom when a Mayor appoints a new department head, and on June 18, 2007, the appointment was unanimously approved by the City Council, 9-0. Councilor John Burke made reference to the anonymous letter while questioning Lieutenant Rayon June 11 th and Councilor Maureen Troubetaris made her feelings known as to what she thought of the author of the document. Other than those two instances, the anonymous letter was mentioned briefly by Lieutenant Ray. Lieutenant Ray mentioned he spoke to District Attorney John Blodgett and his suggestion was to ignore the letter and the subject matter it contained. On an unrelated note, the author of this letter used many slang terms, misspelled proper names and titles and found 102 trouble in making the document grammatically correct. The Council took no action on the letter and were advised by outside counsel not to disseminate the letter or discuss its slanderous contents. It upsets me to have to address the Council this way and I do not take any pleasure with the suggestions that I will make and ask the City Council to consider. By chance, a flash drive, a piece of computer hardware, was found in City Hall, turned over to the Beverly Police Department and an investigation began to determine the owner of the lost property. As referenced in Chief John Cassola's letter to the Council, the owner of the found flash drive, which contained the draft of the anonymous letter, was determined to be Councilor John Burke. In a statement to Chief Cassola, Councilor Burke has personally taken credit for authoring the document. It appears to me that Council Burke deliberately tried to deceive the entire City Council into believing the document was anonymous and possibly destroying Lieutenant Ray's career accepting the letter as truth. Councilor Burke's recent action shows no respect for the legislative body as a whole and severely questions the intelligence of each member. As City Council President, I am suggesting the membership ask for Councilor John Burke's resignation, effective July, 9, 2007. While Councilor Burke is under no legal requirement to step down, his blatant disregard for the integrity of the City Council and his attempt to defraud this body requires responsive action. If Councilor Burke chooses to remain in his elected position, I will ask the Council to pass a resolution to censure Councilor Burke and relieve him of his standing and special committee assignments. Censure is a procedure for publicly reprimanding a public office for inappropriate behavior. To ensure swift action is taken I ask City Clerk, Frances Macdonald, to refer Chief Cassola's letter attached to my communication to the Committee of the Whole and to each of the Council's standing committees, Public Services, Legal Affairs and Finance and Property. I also will request that Mrs. Macdonald post Committee of the Whole for Thursday, June 28, 2007, at 6:00 PM and post each standing committee for Thursday, June 28, 2007 at 7:00 PM. I will provide sample of copies of a draft resignation request for Thursday's meetings. Because of the gravity of the situation, I fine no other alternative. Respectfully, Paul M. Guanci, City Council President Beverly, Massachusetts Refer to Committee of the Whole. Finance and Property. Leqal Affairs and Public Services #173 Call for Special Meeting June 25, 2007 Communications, Applications and Petitions: Reports from Committees: Councilor Burke left meeting at 8:20 PM #143 The Committee on Finance and Property to whom was referred the matter of FY 2008 Budget 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 approve the enclosed FY 2008 Budget. First Passage: Public Hearing; Final Passage: May 24, 2007 June 18, 2007 June 25, 2007 Order read once and adopted 8-0 Vote #145 The Committee on Finance and Property to whom was referred the matter of Loan Order for Purchase of Fire Apparatus 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 approve the request of the Mayor relative to the enclosed loan Order in the amount of $900,000 for the purchase of Fire Apparatus 103 Loan Order: that $900,000 is appropriated for the purchase of a fire truck; that to meet this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow $900,000 under Chapter 44, Section 7(9) of the General Laws or any other enabling authority; that the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as may be required for these purposes; and that any bonds or notes issued pursuant to this order shall be certified in writing as to their genuineness by a bank or trust company situated and doing business in Massachusetts to be selected by the Committee on Finance and Property First Passage: Public Hearing: Final Passage: June 4, 2007 June 25, 2007 June 25, 2007 Order read once and adopted on a Roll Call Vote Roll Call: Yea: Coughlin, Flaherty, Gooding, Grimes, Hobin, Martin, Troubetaris, Guanci Nay: None #146 The Committee on Finance and Property to whom was referred the matter of Authorization to bond Raymond Farms Drainage have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council of the City of Beverly approve the request of the Mayor relative to the enclosed bond authorization from our sewer fund amount of $1.67 Million for the Raymond Farms Drainage Project That $1,670,000 is appropriated for the purpose of financing the construction and reconstruction of surface drains, sewers and sewerage systems in the Raymond Farms area, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow $1,670,000 and issue bonds or notes thereof under Chapter 44 and/or Chapter 29C of the General Laws; that such bonds and notes shall be general obligations of the City unless the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the Mayor is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project; that the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as may be required for these purposes; and that all bonds or notes issued pursuant to this order shall be certified in writing as to their genuineness by a bank or trust company situated and doing business in Massachusetts to be selected by the Committee on Finance and Property. First Passage: Public Hearing: Final Passage: June 4, 2007 June 25, 2007 June 25, 2007 Order read once and adopted on a Roll Call Vote Roll Call: Yea: Coughlin, Flaherty, Gooding, Grimes, Hobin, Martin, Troubetaris, Guanci Nay: None #146A The Committee on Finance and Property to whom was referred the matter of Loan Order Chubbs Brook Drainage have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 104 Ordered: That the City Council of the City of Beverly approve the request of the Mayor relative to the enclosed loan order in the amount of $130,000 for an engineering study for the Chubbs Brook Drainage System That $130,000 is appropriated for the purpose of financing the construction and reconstruction of surface drains, sewers and sewerage systems in the Chubbs Brook area, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow $130,000 and issue bonds or notes thereof under Chapter 44 and/or Chapter 29C of the General Laws; that such bonds and notes shall be general obligations of the City unless the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the Mayor is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project; that the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as may be required for these purposes; and that all bonds or notes issued pursuant to this order shall be certified in writing as to their genuineness by a bank or trust company situated and doing business in Massachusetts to be selected by the Committee on Finance and Property. First Passage: Public Hearing: Final Passage: June 4, 2007 June 25, 2007 June 25, 2007 Order read once and adopted on a Roll Call Vote Roll Call: Yea: Coughlin, Flaherty, Gooding, Grimes, Hobin, Martin, Troubetaris, Guanci Nay: None #158 The Committee on Finance and Property to whom was referred the matter of acceptance of MGL relative to tax exemption have considered said matter and beg leave to report as follows, to wit; Submit the accompanying order and recommend its adoption That the City Council authorize the acceptance of the local option real estate tax exemption provided under Massachusetts General Laws Chapter 59, Section 5, Clause 50, as set forth more particularly below: "Fiftieth, the increased value of residential real property as a result of alterations or improvements thereto, not to exceed five hundred dollars of taxes due; provided, however, that said alterations or improvements are made to provide housing for a person who is at least sixty years old and who is not the owner of the premises; provided further, that any such alterations or improvements must be made to a house, consisting of no more than three units prior to such alterations or improvements and which is owned and occupied by the applicant as his domicile; and provided, further, that the applicant shall annually furnish to the assessors a statement under oath that the alterations or improvements were made to provide housing for a person who is at least sixty years old. This exemption shall terminate when the premises are no longer occupied by any such elderly person. No person shall receive more than one exemption under the provisions of this clause in any fiscal year. This clause shall take effect upon its acceptance by any city or town and shall apply only to alterations or improvements made on or after the date of such acceptance by such city or town." Note: The introductory language of Section 5 provides in pertinent part: "Section 5. The following property shall be exempt from taxation and the date of determination as to age, ownership or other qualifying factors required by any clause shall be July first of each year unless another meaning is clearly apparent from the context..." Order read once and adopted 8-0 Vote #103 The Committee on Legal Affairs to whom was referred the matter of Ordinance Inclusionary Zoning have considered said matter and beg leave to report as follows, to wit: 105 Submit the accompanying amended ordinance and recommend its adoption In the year two thousand and seven An Ordinance amending an ordinance entitled Zoning Be it ordained by the city council of the City of Beverly as follows: seven Amending an ordinance entitled Zoning-Inclusion of Affordable Housing (29-34.1) A. Purposes and Intent B. To provide affordable housing choices throughout the City, in furtherance of the housing goals of the City of Beverly Master Plan and the City of Beverly Affordable Housing Plan. c. To provide for a diverse, balanced and inclusive community, with housing for persons of all income levels as a matter of basic fairness and social responsibility. D. To assure that affordable housing is made available on an equal basis to all eligible households without regard to race, religion, age, sex or other class status as defined in the federal Fair Housing Act of 1968, as amended. E. To encourage the inclusion of affordable housing in all new residential and mixed-use developments. F. Applicabilitv G. This Section applies to any development that results in or contains ten (10) or more residential dwelling units. The types of development subject to the provisions of this Section include, without limitation, the following H. A division of land resulting in the creation of ten 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 ten (10) 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 Section 29- 34.1 A subdivision or division of land shall mean any subdivision as defined in the Subdivision Control Law, Chapter 41, Sections 81 K-81GG of the Massachusetts General Laws, or any division of land under Chapter 41, Section 81 P of the Massachusetts General Laws, when such division of land results in lots for residential use. I. New residential construction or new mixed-use construction that includes ten (10) or more dwelling units. J. A development of 10 (10) 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 ten or more units in the number of dwelling units in the original structure. K. A development that will change the use of an existing building from non-residential to residential use. L. This Section does not apply 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. M. 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 106 N. Q. R. s. AA. permits authorized under this Section for developments with ten (10) or more dwelling units may also be granted to any other development with dwelling units, in the discretion of the Planning Board. Housinq Affordabilitv o. Except as provided below, each affordable unit created under this Section shall be 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 the US Department of Housing and Urban Development (HUD), adjusted for household size. P. When an applicant provides at least one-half of the required affordable units for households with income at or below 50% of area median income, the remaining affordable units may be sold or rented to households with incomes up to 100% of area median income, adjusted for household size, subject to approval by the Planning Board. Planninq Board Requlations The Planning Board shall adopt Affordable Housing Regulations to administer this Section and may from time to time revise said regulations, following a public hearing for which notice has been given in accordance with Chapter 40A, Section 11 of the Massachusetts General Laws. Minimum Percentaqe of Affordable Units In any development subject to this Section, at least twelve percent (12%) of the dwelling units shall be affordable housing. 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. Location and Comparabilitv of Affordable Units T. Affordable units shall be dispersed throughout a development and be comparable to market-rate units in exterior building materials and finishes; overall construction quality; and energy efficiency. Interior finishes shall be in accordance with the Planning Board's Affordable Housing Regulations. u. Affordable units in two-family, semi-detached and multi-family dwellings shall generally be similar in size (in gross floor area) to market-rate units of the same type; provided, however, that the gross floor area of the affordable units shall not be less than the minimum floor area required by the Department of Housing and Community Development (DHCD) for units eligible for the Subsidized Housing Inventory as Local Initiative Program (LIP) units. v. For a development of detached one-family dwellings in a zoning district in which said dwellings are permitted as of right, the following shall apply w. Affordable detached one-family dwellings may be smaller than market-rate dwellings, but in no event shall the gross floor area of any affordable unit be less than the minimum floor area required under the regulations or guidelines of the Local Initiative Program except by Special Permit from the Planning Board. x. Alternatively, up to 20% of the units may be in two-family, semi-detached or multi-family dwellings of not more than three units, and all or a majority of the required affordable units may be located in said dwellings; provided, however, that the units shall conform to the Planning Board's Affordable Housing Regulations and shall not be concentrated in one part of the development. Y. In a development of multi-family units, affordable units shall be dispersed throughout the buildings and the floors of each building, such that no single building or floor therein has a disproportionate percentage of affordable units. z. In a development of homeownership units, the affordable units may be restricted for occupancy by eligible homebuyers or renters, or sold to non-profit organizations or public agencies that provide and manage rental housing to low- or moderate-income households. Methods of Providinq Affordable Units BB. Construction of affordable units on the locus of the development ("on-site units") shall be permitted as of right in any development, and is the preferred method of providing affordable units under this Section. cc. The Planning Board may grant a Special Permit for one or more of the following alternative methods, including any combination thereof In granting a Special Permit hereunder, the Planning Board may impose any conditions it deems necessary to assure compliance with this Section DD."Off-site units," or the provision of comparable affordable units on another site in the City of Beverly, subject to Site Plan Review under Section 29-29(C) or Subsection I of this Section, as applicable. Off-site units need not be located in the same zoning district as the development. EE. Payment of a fee in lieu of affordable units to the City of Beverly Affordable Housing Trust Fund. This provision shall apply only to developments of homeownership units. The fee per affordable unit shall be determined by Planning Board regulation in accordance with Subsection D above. 107 HH. PP. FF. 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. This provision shall apply only to developments of homeownership units. 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. GG. In the R6, RMD, RHD, RSD, CN, CC or CG district, if the developer provides a greater number of affordable units on site than the minimum required to comply with Subsection E above, the Planning Board may grant a Special Permit for "credit units" to reduce the number of affordable units that must be provided under this Section in another development in a different location, whether in the same zoning district or a different zoning district. The developer may apply the credit units to a future project or transfer the credits in writing to another developer, provided that the credit units are used within ten (10) years from the effective date of the Special Perm it. Dimensional and Densitv Requlations for On-Site Units II. The following dimensional and density regulations shall apply to any development that provides iill of the required affordable units as on-site units; provided, however, that for purposes of determining a development's base maximum density and required percentage of affordable units under Subsection E above, the Building and Area Requirements set forth in Section 29-7(D) through Section 29-16(D) shall apply. JJ. In the R-90, R-45, R-22, R-15 or R-10 district, for each on-site affordable unit, the applicant may propose one additional dwelling unit over that which would otherwise be permitted in the district. The minimum lot area for any lot in the development shall be not less than 85% of the minimum lot area in Section 29-7(D) through Section 29-11 (D), as applicable. KK.ln the R-6 district, for each on-site affordable unit, the applicant may propose one additional dwelling unit over that which would otherwise be permitted, except that if the development includes two-family or semi-detached units and the required percentage of affordable units results in an odd number, the applicant may propose an additional unit in order to build an even number of units. The minimum lot area shall be not less than 85% of the minimum lot area for a detached one- family dwelling, nor less than 80% of the minimum lot area for a two-family or semi-detached dwelling, as set forth in Section 29-12(D). LL. In the RMD, RHD and RSD districts, for each on-site affordable unit, the applicant may propose two additional dwelling units over the number of units that would otherwise be permitted in the district. The minimum lot area shall be not less than 85% of the minimum lot area for a detached one-family dwelling, nor less than 80% of the minimum lot area per unit for a two-family or semi- detached dwelling, nor less than 70% of the minimum lot area per unit for a multi-family unit, as set forth in Section 29-13(D) through Section 29-15(D), as applicable. MM. In the CN district, for each on-site affordable unit, the applicant may propose two additional dwelling units over the number of units that would otherwise be permitted in the least restrictive adjacent residential district. The minimum lot area shall be in accordance with (a) through (c) above, as applicable. NN. The Planning Board may grant a Special Permit to increase the total number of units for any development that provides at least fifty percent (50%) of the required affordable housing units on site and the balance of such units off site, or to waive any other dimensional or density requirements in the applicable zoning district(s) when doing so furthers the purposes of this Section and is not inconsistent with the City of Beverly Master Plan; provided that no Special Permit granted hereunder shall result in a total number of dwelling units exceeding the maximum number allowable under Subsection H(1) above, and provided further that neither the maximum building height nor the number of required off-street parking spaces may be varied or waived by the Planning Board. 00. The applicability of Site Plan Review under Section 29-29(C) shall be based on the maximum number of dwelling units allowable in accordance with Building and Area Requirements for the applicable zoning district. When a development of multi-family or townhouse units would not be subject to said Section 29- 29(C) except for the provision of on-site affordable units under Subsection H(1) above, Site Plan Review shall be conducted in accordance with Subsection 1(3) below. Submission Requirements and Procedures for On-Site and Off-Site Units QQ. No building permit shall be issued until the Planning Board has reviewed and acted upon a site plan submitted by the applicant in accordance with this Section. RR. A development that is subject to Site Plan Review under Section 29-29(C) or 29-24(B) of this Ordinance shall be reviewed in accordance with the provisions of said Sections. The Planning Board may request 108 ww. xx. YY. zz. information in addition to the required site plan contents in Section 29-29(C)(3) or 29-24(B), and impose conditions on its approval of the site plan to assure that the development complies with Subsections E, F, G and H above. 55. For a development that is not subject to Section 29-29(C) or 29-24(B), the applicant shall submit a site plan that conforms to the application requirements set forth in Section 29-29(C)(3) and the Planning Board's Affordable Housing Regulations. TT. The Planning Board shall conduct an administrative review of the site plan at a posted open meeting, and may refer the plan to the Design Review Board for comments and recommendations. uu. The Planning Board shall take final action on the site plan within 35 days of the date of the open meeting, and may impose conditions on its approval of the site plan to assure that the development complies with Subsections C, D, E and F above. Failure of the Planning Board to act within 35 days of the open meeting shall be deemed as conclusion of review and it shall forthwith make its endorsement on said plan and, on its failure to do so, the City Clerk shall issue a certificate to the same effect. vv. For a development that constitutes a subdivision under Chapter 41, Section 81 K-81GG of the Massachusetts General Laws, site plan review may be extended by written agreement of the applicant and Planning Board for purposes of coordinating the review and decision periods of this Section and the Subdivision Control Law. Submission Requirements and Procedures for Special Permit For any development that requires a Special Permit under this Section, the Planning Board shall be the Special Permit Granting Authority. Application, review and decision procedures shall be in accordance with Section 29-28(C) and the Planning Board's Affordable Housing Regulations. Phased Construction Affordable units shall be constructed or otherwise provided in proportion to market-rate units. Proportionality shall be determined by the number of building or occupancy permits issued for affordable and market-rate units, or lot releases, as applicable. Affordable units shall not be the last units to be built in any development covered by this Section. Selection of Affordable Unit Purchasers or Renters The selection of purchasers or renters for affordable units shall be carried out under an affirmative marketing plan approved by the City Planning Director prior to the issuance of any building permits for the development. Preservation of Affordabilitv AAA. Affordable units provided under this Section shall be subject to an affordable housing restriction that contains limitations on use, occupancy, resale and rents, and provides for periodic monitoring to verify compliance with and enforce said restriction. The affordable housing restriction shall run with the land and be in force in perpetuity or for the maximum period allowed by law, and be enforceable under the provisions of Chapter 184, Section 26 or Sections 31-32 of the Massachusetts General Laws. BBB. The applicant shall be responsible for preparing and complying with any documentation that may be required by DHCD to qualify affordable units for listing on the Chapter 40B Subsidized Housing Inventory as LIP units. ccc. For a development that provides on-site or off-site affordable units DDD. No building permit shall be issued until the applicant executes an enforceable agreement with the City and provides evidence acceptable to the Planning Director that the agreement has been recorded at the Essex County Registry of Deeds. EEE. For an affordable homeownership unit, no certificate of occupancy shall be issued until the applicant submits documentation acceptable to the Planning Director that an affordable housing deed rider has been signed by the homebuyer and recorded at the Essex County Registry of Deeds. FFF. For a development that provides affordable units through a fee in lieu of units, no building permit shall be issued until the applicant pays at least five percent (5%) of the total required fee to the Beverly Affordable Housing Trust Fund. Additionally, no more than fifty percent (50%) of the certificates of occupancy shall be issued until the applicant pays at least 50% of the total required fee to the Beverly Affordable Housing Trust Fund. 10% of the total number of certificates of occupancy shall be withheld until the applicant submits evidence acceptable to the Planning Director that the remaining balance has been paid to the Affordable Housing Trust Fund. The Planning Board may modify the schedule for fee payment for projects covered by a single occupancy permit. GGG. For a development that provides affordable units through a land donation, no building permits shall be issued until the applicant submits evidence acceptable to the Planning Director that the land has been conveyed to the receiving organization identified in the Planning Board's Special Permit and an affordable housing restriction has been recorded at the Essex County Registry of Deeds. 109 HHH. Severabilitv If any portion of this Ordinance is declared to be invalid, the remainder shall continue to be in full force and effect." 2. Add the following new definitions to Section 29-2, in appropriate alphabetical order. "Affordable Housing Restriction A right, either in perpetuity or for a specified number of years, whether or not stated in the form of a restriction, easement, covenant or condition in any deed, mortgage, will, agreement, or other instrument executed by or on behalf of the owner of the land appropriate to (a) limiting the use of all or part of the land to occupancy by persons, or families of low or moderate income in either rental housing or other housing (b) restricting the resale price of all or part of the property in order to assure its affordability by future low and moderate income purchasers or (c) in any way limiting or restricting the use of enjoyment of all or any portion of the land for the purpose of encouraging or assuring creation or retention of rental and other housing for occupancy by low and moderate income persons and families. Affordable Housing Unit. A dwelling unit that is affordable to and occupied by a low- or moderate-income household and meets the requirements of the Local Initiative Program (LIP) for inclusion on the Chapter 40B Subsidized Housing Inventory. Area Median Income (AMI) The median family income for the metropolitan area that includes the City of Beverly, as defined in the annual schedule of low- and moderate-income limits published by the US Department of Housing and Urban Development, and adjusted for household size. Local Initiative Program A program administered by the Massachusetts Department of Housing and Community Development (DHCD) pursuant to 760 CMR 45.00 to develop and implement local housing initiatives that produce affordable housing. Low-or Moderate-Income Household A household with income at or below 80% of area median income, adjusted for household size. In a development with affordable housing units, eligible low- or moderate-income household means the household that purchases or rents an affordable housing unit as its principal residence. Market-Rate Housing In a development with affordable housing, market-rate housing means all units other than the affordable housing units as defined in this Ordinance. Maximum Affordable Purchase Price or Rent. For homeownership units, a purchase price that is affordable to a low- or moderate- income household paying not more than 30% of gross monthly income for a mortgage payment, property taxes, insurance and condominium fees where applicable; and for rental units, a monthly rent that is affordable to a low- or moderate-income household paying no more than 30% of its gross monthly income for rent and utilities. The household income used to compute the maximum affordable purchase price or rent shall be adjusted for household size, considering the household size for which a proposed affordable unit would be suitable under guidelines of the Local Initiative Program or, where no such guidelines exist, under regulations adopted by the Planning Board. Subsidized Housing Inventory The Department of Housing and Community Development Chapter 40B Subsidized Housing Inventory." Ordinance to take effect as per charter provisions Ordinance Amended on Floor voted 8-0 for changes Ordinance read once and held for final passaqe as per charter provisions 8-0 Vote #159 The Committee on Legal Affairs to whom was referred the matter of Appointment Director of Municipal Inspections Steven Frederickson have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Order read once and adopted 8-0 Vote #161 The Committee on Legal Affairs to whom was referred the matter of appointment-Conservation Commission- William Squibb and Mary Reilly have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointments Order read once and adopted 8-0 Vote #163 The Committee on Legal Affairs to whom was referred the matter of appointment-Beverly Golf and Tennis Commission-Gary Lambert, Martin Lawler and Richard Barger have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the appointments Order read once and adopted 8-0 Vote #166 The Committee on Legal Affairs to whom was referred the matter of application for livery License-Cab Express have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adopted 8-0 Vote 110 Unfinished Business: Resolutions: Motions and Orders: #174 By Councilor Hobin: Ordered: That Robert Buchsbaum of 12 Bertram Street be reappointed to the Open Space and Recreation Committee as the Ward Four representative Recommend adoption of the order #175 By Councilor Troubetaris: Ordered That David Brewster be reappointed as the Ward One representative to the Open Space and Recreation Committee when his term expires in the month of August Recommend adoption of the order Meeting adjourned: 9:15 PM Frances A. Macdonald, CMC City Clerk 111