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2008-05-05 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of9 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Tuesday, May 06,2008 10:12 AM To: minutes@beverlyma.gov Subject: 08.may5.doc Regular Meeting Beverly City Council 7:00, PM May 5, 2008 Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D. Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty Pledge of Allegiance to the Flag: Led by Councilor Hobin Public Hearings and Public Speakers: 7:02 PM Public Hearing-Appropriation to Account Police Dept. ($5,000.00) Referred back to Finance and Property 7:15 PM Public Hearing-Continuation of Recessed Joint Public Hearing re OSRD Recessed June 2,2008 @ 7:15 PM Acceptance of Minutes: Meetings of April 22 ,2008 and Special Meeting of April 28,2008 Appoi ntments: Communications from His Honor the Mayor: #114 May 5, 2008 Honorable City Council City Hall Beverly, Ma 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. James Smith, 7 Neptune Street, Beverly, MA 01915, to serve as a 5/7/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of9 Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is his letter of request for reappointment which has been approved by Police Chief Mark Ray. Mr. Smith's term will be effective until April 30, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #115 May 5, 2008 Honorable City Council City Hall Beverly, Ma 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following three citizens to serve as the Mayor's appointments to the Clean Energy Advisory Committee: Chris Tripier, Ph.D. School of Arts & Sciences Endicott College 376 Hale Street Beverly, MA 01915 Robert Buchsbaum, Ph.D. 12 Bertram Street Beverly, MA 01915 Mr. Tom Keeley 27 Brackenberry Lane Beverly, MA 01915 Their terms to be effective until April 30, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #116 May 5, 2008 Honorable City Council City Hall Beverly, Ma 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Dennis P. Geller, Ph.D., 63 Lovett Street, Beverly, MA 01915 to serve as a member of the Library Board of Trustees. 5/7/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of9 He will replace Mr. Todd Balf whose term has expired and has requested that he not be reappointed. Dr. Geller's term will be effective until January 31, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #117 May 5, 2008 Honorable City Council City Hall Beverly, Ma 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Sylvan Menezes, 14 Princeton Avenue, Beverly, MA 01915, to serve as a member of the Beverly Harbor Management Authority. His term to be effective until December 31,2008. In addition, I also appoint Mr. Menezes to serve as Harbor Management's representative to the Open Space and Recreation Committee. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #118 May 5, 2008 Honorable City Council City Hall Beverly, Ma 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. George Simon, 11 Pineknoll Drive, Beverly, MA 01915, to serve as a member of the Beverly Harbor Management Authority. He will fill a vacancy on the Board and his term will be effective until December 31, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #119 May 5, 2008 Honorable City Council City Hall Beverly, Ma 01915 5/7/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of9 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Jane Brusca, 11 Greenwood Avenue, Beverly, MA 01915, to serve as the Zoning Board of Appeal representative to the Design Review Board. Her term will be effective until December 1, 2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from Other City Officers and Boards: #24A May 6, 2008 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: COUNCIL ORDER #24: RECOMMENDATION FROM PLANNING BOARD - AMENDMENTS TO ZONING ORDINANCE SECTION 29-24.B: OPEN SPACE RESIDENTIAL DESIGN (OSRD) SITE PLAN ORDINANCE Dear Members of the Council: The Planning Board received public comment during the joint public hearing with the City Council on March 3, 2008, and during the Board's continued public hearings on March 24, 2008 and April 15, 2008 on the above-referenced proposal. The Board closed the public hearing at its April 15, 2008 meeting. Following the discussion, members of the Planning Board voted to recommend to the City Council that Council Order #24 BE ADOPTED * so long as the following changes and clarifications are incorporated as follows: 1. Further amend Section 29-24.B.11.1.d. by clarifying the acreage and changing the threshold for projects in the R-45 zones as follows: "(d) consists of an area of 180,000 square feet (i.e. just over 4 acres) or more in the R-45 zone and will create three (3) or more buildable lots by reason of a subdivision or four (4) or more dwelling units (excluding new units in an existing building) or" 2. Further amend Section 29-24.B.II.1.e. by clarifying the acreage and changing the thresholds for projects in the R-90 zones as follows: "(e) consists of an area of 300,000 square feet Oust under 7 acres) or more in the R-90 zone and will create three (3) or more buildable lots by reason of a subdivision or four (4) or more dwelling units (excluding new units in an existing building)" 3. Amend the first paragraph of Section 29-24.B.VII. for clarifying purposes as follows: "The Planning Board, which shall have the power in its discretion to waive or reduce frontage or other dimensional or subdivision requirements in order to further the goals of this OSRD ordinance, shall encourage applicants to modify lot size, shape, and other dimensional requirements for lots and ways within an OSRD Site Plan, subject to the following limitations:" 4. Amend Section 29-24. B. VII.1. as follows: "1. Lots having reduced area or frontage shall not have their legal frontage on a street other than a street created by the OSRD, provided that this limitation shall not apply in the case of lots created by an ANR plan, nor shall it apply to lots created by a subdivision plan if its application would conflict with the purposes or other provisions of this OSRD; and" 5. Amend Section 29-24.B.VII.3. by eliminating the text, "Notwithstanding the foregoing" as follows" "3. Nothing in this Section VII shall permit, or be deemed to permit, the construction or use of more dwelling units per lot than is otherwise permitted in the applicable zoning district. " 6. Further amend Section 29-24.B.VII.4. by clarifying the application of the zero-foot side yard setback allowance as follows: "4. The dimensional requirements imposed upon any lot created by the OSRD shall not be less than a lot area of six thousand (6000) square feet, a front yard setback of twenty (20) feet, a side yard setback of ten (10) feet on one side (one side yard may have a zero (0) foot side yard setback provided that only a lot line created by the proposed OSRD may have such a zero (0) foot side yard setback), and a 5/7/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of9 rear yard setback of twenty-five (25) feet: nor shall a building height greater than thirty-five (35) feet be permitted. However, a dimensional limitation imposed by this paragraph shall not apply to a lot if a majority of members of the Planning Board entitled to vote, determines that such an application unnecessarily frustrates the purposes of this Ordinance." 7. Further amend Section 29-24.B.VII.5. by reducing the maximum roadway grade from ten percent to eight percent pursuant to the recommendation letter from Fire Department Deputy Chief Wayne Francis dated April 15, 2008 (attached) as follows: "5. The subdivision requirements imposed upon any roadway created within the OSRD development shall not be less than a right of way width of forty (40) feet, a roadway width of twenty-four (24) feet, and a maximum roadway grade of eight (8) percent. However, a dimensional limitation imposed by this paragraph shall not apply to an OSRD development if a majority of members of the Planning Board entitled to vote, determines that such an application unnecessarily frustrates the purposes of this Ordinance." Thank you for the opportunity to comment on this proposal. Please do not hesitate to contact Planning Department Staff should you have any questions. Respectfully submitted, Richard Dinkin, Chairperson Refer to Legal Affairs #120 CITY OF BEVERLY, MASSACHUSETTS CALL FOR SPECIAL ELECTION To the City Councilors of the City of Beverly GREETINGS: In the name of the City of Beverly you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries and Elections to vote at the following locations: QUESTION ON BALLOT "Shall the City of Beverly be allowed to assess an additional $2,500,000.00 in real estate and personal property taxes for the purposes of funding the operating budget of the Beverly Public Schools for which the monies from this assessment will be used for the fiscal year beginning July first, two thousand and eight. The meetings of the qualified voters of the City of Beverly, for the purpose of deciding the above question, shall be held on Tuesday, June 3, 2008 The polls at such meetings shall be opened at seven o'clock in the before noon and shall be closed at eight o'clock in the evening. Be it further ordered: That in accordance with the provisions of Chapter 54, Section 24, of M.G.L. and amendments thereto, the following locations are hereby designated by the City Council as Polling Places for the City Elections of September 20, 2005 and November 8, 2005. Ward 1, Precinct 1, Ayers Ryal Side School, Woodland Avenue Ward 1, Precinct 2, Ayers-Ryal Side School, Woodland Ave Ward 2, Precinct 1, Beverly Public Library, Winter Street Entrance Ward 2, Precinct 2, Beverly Public Library, Winter Street Entrance Ward 3, Precinct 1 McKeown Elementary School, Balch Street Ward 3, Precinct 2, McKeown Elementary School, Balch Street Ward 4, Precinct 1, Cove Elementary School, Eisenhower Ave. Ward 4, Precinct 2, Senior Center, Colon St. Ward 5, Precinct 1, Second Congregational Church, 35 Conant St. Ward 5, Precinct 2, North Beverly Elementary School, 48 Putnam Street Ward 6, Precinct 1, Centerville Elementary School, Hull St. Ward 6, Precinct 2, Centerville Elementary School, Hull St. 5/7/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f9 Frances A. Macdonald, C.M.C. City Clerk Receive and Place on File 9-0 Vote Communications, Applications and Petitions: #121 Request to waive city ordinance relative to alcoholic beverages on public property by Mary Grant Re-Election Committee for an occasion June 11, 2008 from 5-8:00 pm at Lynch Park Refer to Legal Affairs #122 Request to waive city ordinance relative to alcoholic beverages on public property for an occasion May 20, 2008 at 7:30 pm at the Beverly Public Library for the Beverly Democratic City Committee Welcoming Reception Refer to Legal Affairs #123 Invitation from Michael J. Cadigan, Jr. Post 46 to participate in the Memorial Day Parade on Sunday, May 25,2008 at 9:00 AM Receive and Place on File #124 Application Petroleum Storage License-William A. Goldberg, LLC for 61 Cabot St. Beverly, Ma Refer to Legal Affairs #125 Communication from Scott Houseman relative to Amendments to OSRD Refer to Legal Affairs Regorts from Committees: #108 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account Police Department 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 request of the Mayor for an appropriation of five thousand dollars ($5,000) from a donation from Walgreen's to the Beverly Police Department Said such donation is to be used for activities in the area of gang and youth violence. First Passage: April 22,2008 5/7/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f9 Public Hearing: Final Passage: May 5, 2008 May 5, 2008 Order read once and adopted 9-0 Vote #55 The Committee on Legal Affairs to whom was referred the matter of Rules and Orders of City council have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption Ordered: That the City council approve the amended Rules and Orders as submitted for the years 2008 and 2009. Order Read once and held by Councilor Burke #85 The Committee on Legal Affairs/Committee of the whole to whom was referred the matter of Appointment as Constables of John L. Massa and Neal F. Sullivan have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order Read once and adopted 9-0 Vote #89 The committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Subordination of Mortgage Ann Chiarello have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That his Honor the Mayor be, and the same is hereby authorized to sign the attached Subordination of Mortgage for Ann Chiarello for property at 42 Bow Street, as per the attached communication form community Development manager William O'Hare Order read once and adopted 9-0 Vote #84 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Communication relative to Appointment- Historic District Commission William Finch have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Appointment Order read once and adopted 9-0 Vote #87 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment to the Cultural Council of Rachel Rome have considered said matter and beg leave to report as follows, to wit: 5/7/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 80f9 Recommend the Council approve the appointment Order read once and adopted 9-0 vote #112 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment to the Clean Energy Advisory Committee- John Lappen have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Order read once and adopted 9-0 vote Unfinished Business: #86 Ordinance-Stormwater Management & construction Site Management #91 Ordinance-Motor Vehicles and Traffic Obedience to isolated stop signs W. Dane St. Resolutions: Motions and Orders: #126 By Councilor Slate: Ordered: That the parking & Traffic Commission undertake a comprehensive traffic study in connection with Montserrat College of Art, planned residence hall complex on Winter and Essex Streets, to encompass those two streets plus Knowlton and Dane Streets in the vicinity; In addition, particular attention should be given to the following: Traffic signs and controls at the intersection of Winter, Cabot and Knowlton Streets Parking on Knowlton Street Two-Way versus One Way Traffic on Knowlton Street Refer to Legal Affairs and Parking and Traffic Commission Meeting adjourned: 9: 10 PM Frances A. Macdonald, CMC City Clerk 5/7/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 90f9 Said changes assume language of City Council Order #24. 5/7/2008