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2012-04-02Regular Meeting Page 1 of 12 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Sunday, April 15, 2012 1 :23 PM To: pguanci @beverlyma.gov; jsilva @beverlyma.gov; sdullea @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beveryma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; minutes @beverlyma.gov; BETTERGOV1 @aol.com Subject: 4- 2- 2012Regular Meeting.doc Regular Meeting Beverly City Council 7:00 PM April 2, 2012 Roll Call: Councilors Present: P. Guanci, D. Scott Dullea, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Jason C. Silva, Donald Martin, Brett Schetzsle, Maureen Troubetaris, Pledge of Allegiance to the Flag: cou„ciloroUllea Acceptance of Minutes from March 12 and March 19 Public Speakers: 1. Elizabeth Dunne, Chair of Open Space &Recreation (Semi - Annual Report) Councilor Houseman: Resolution for Dr. Mayo Johnson RESOLUTION City Council City of Beverly, Massachusetts Dr. Mayo Johnson Be it known that the Conservation Commission and City Council of the City of Beverly, Massachusetts, offer their sincere thanks and appreciation to Dr. Mayo Johnson, for his dedicated service to the City as a long -time member of the Conservation Commission: Whereas.* Dr. Johnson served on the Conservation Commission for 18 years with great dedication lending his skills and knowledge to complement the Commission's overall expertise. Whereas.* Dr. Johnson was a very thoughtful and fair - minded Commission member — taking time to carefully listen to applicants' proposals and evenly applying the wetlands regulations in making his decision on whether to support or deny a project. Whereas.* Dr. Johnson was always providing valuable input during public hearings in his questioning of applicants fairly and without prejudice. Whereas.* Dr. Johnson was constantly improving his understanding of wetland and coastal 4/19/2012 Regular Meeting Page 2 of 12 hydrology and the constantly changing wetlands regulations with attendance at Massachusetts Association of Conservation Commissioners (MACC) training classes and the MACC Annual Meetings in Worcester. Whereas.* Dr. Johnson was instrumental in developing and assisting in the adoption of Beverly's own Municipal Wetlands Protection Ordinance in 2001 and subsequent Regulations in 2003 and 2005. 'Whereas.* Everyone on the Beverly Conservation Commission and the public who got to know him will certainly miss Dr. Johnson's dedication, expertise and cheerful smile. His zeal for public service for these past 18 years is a model for all citizens of Beverly. wherefore be it Resolved: rlson, on behalf of the City of Beverly and the Conservation Commission, the City Council thanks you, for your great interest in protecting Beverly's environmental resources and volunteering your time for these past 18 years. You will be missed. The Commission and the City Council extends its very best wishes to you for a future of happiness and good fortune. Paul M. Guanci D. Scott Dullea JasonC.Silva James. F. Latter D. Wesley Slate, Jr. Maureen E. Troubetaris Donald G. Martin Brett Schetzsle Scott D. Houseman Mayor Scanlon: Proclaimed April 2,2012 Dr. Mayo Johnson Day Communications from His Honor the Mayor: #71 April 15, 2012 The Honorable City Council City Hall, 191 Cabot Street Beverly, Massachusetts 01915 Re: Affordable Housing Units at Burnham Apartments, 363 -399 Rantoul Street Dear Honorable Council: I hereby request City Council authorization to sign the attached Regulatory Agreement relative to the Burnham Apartments project at 363 -399 Rantoul Street. You may know that the City's Inclusionary Housing Ordinance required that five of the thirty -eight apartment units in this project be reserved as affordable housing units. To comply with this requirement, the developer (Windover Burnham LLC) has prepared the attached Regulatory Agreement (RA) for submission to the State's Department of Housing and Community Development (DHCD). The Regulatory Agreement lays out the terms of unit affordability and monitoring for the project. Execution of this document will allow DHCD to include these units in the City of Beverly's subsidized housing inventory in the future. Please feel free to contact City Planner Tina Cassidy if you have any questions relative to this request. 4/19/2012 Regular Meeting Very Truly Yours, Refer to Legal Affairs #72 March 29, 2012 Mayor William F. Scanlon, Jr. City Hall, 191 Cabot Street Beverly, MA 01915 Page 3 of 12 RE: SUBMISSION OF PROPOSED AMENDMENTS TO SECTION 29 -24.C. AND 29- 2.B.1. OF THE ZONING ORDINANCE RELATIVE TO ACCESSORY APARTMENTS Dear Mayor Scanlon: On behalf of the Zoning Board of Appeals (ZBA) and its staff, I respectfully request that you consider submitting the attached zoning amendments to the City Council for its consideration. This submission includes an implicit request that the City Council sponsor the amendments in order to meet the requirements of Mass. General Laws Chapter 40A Section 5. Several people (Municipal Inspections Director Steve Frederickson, ZBA Chair Day Ann Kelley and ZBA member Scott Ferguson, Associate Planner Kate Newhall and me) met over a period of several months to draft the attached proposal on the ZBA's behalf. The ZBA fully supports these amendments and hopes for expeditious approval. The proposed amendments would revise both the existing definition of "accessory apartments" and replace the existing "accessory apartments" ordinance in its entirety. On behalf of the ZBA and others, thank you for your consideration. Please let me know if you have any questions regarding this request. Respectfully, Tina P. Cassidy, Director Planning & Development Department Proposed Zoning Amendments April 2012 1. Amend Section 29- 2.13.1. of the Zoning Ordinance (Definition of "Accessory Apartments ") by striking the existing definition and replacing it with the following: "1. Accessory partment - A dwelling unit located within an owner - occupied single- family dwelling with one or more rooms including kitchen and bathroom facilities that are separate from those of the principal dwelling. The unit shall be constructed so as to maintain the appearance and essential character of a single- family dwelling. Only relatives (i.e. brothers, sisters, parents, grandparents, in -laws, children and /or grandchildren) of the residing owners of the principal dwelling unit may occupy the unit. 4/19/2012 Regular Meeting Page 4 of 12 (Editor's note: The existing definition of "Accessory Apartments" that would be replaced by the above amendment currently reads: "A dwelling unit of at least 600 square feet in floor area, which is within a single - family home and is occupied by a person related within the third degree of consanguinity to the record owner of the single- family. ") 2. Amend Section 29 -24.C. of the Zoning Ordinance (entitled "Special Provisions for Accessory Apartments ") by striking the section in its entirety and replacing it with the following: C. Special Provisions for Accessory Apartments 1. Intent and Objectives The requirements and procedures outlined in this section are not intended to encourage variances to allow for the construction of larger dwellings for the use of accessory apartments. Instead they are intended to: a. Enable homeowners of single - family dwellings larger than required for their present needs to share space and burdens of home ownership with a relative(s); b. Create feasible housing alternatives for elderly people or other relatives looking to stay in their homes, yet receive help they need for or from other relatives; c. To encourage a diverse population with a particular focus on senior citizens and young adults through the creation of an accessory apartment in the familial home. 2. Condition and Requirements Notwithstanding provisions in this Chapter to the contrary, the Zoning Board of Appeals may consider the granting of a Special Permit for the alteration of an existing, single - family residence to include an Accessory Apartment in any residential zone, subject to the following provisions: a. An accessory apartment may be occupied by a maximum of two people. b. The alterations /additions necessary to create the accessory apartment shall be limited to the principal dwelling. c. There shall be no more than two (2) dwelling units on said property, including the accessory apartment. d. The owner of record shall reside in one of the two dwelling units, which shall be said owner's principal residence. e. The size of the accessory apartment is not to exceed the lesser of 900 gross square feet or 30% of the gross floor area of the principal unit. The square footage of the accessory apartment must meet the minimum requirements of the state's sanitary code. f. The accessory apartment shall be a self - contained dwelling unit that shares a common wall with the primary dwelling unit. The common wall shall have a doorway that provides direct access between the accessory unit and the primary unit. 4/19/2012 Regular Meeting Page 5 of 12 g. The dwelling unit shall have only one front entrance; any new entrance shall be located on the side or in the rear of the building. Where two or more entrances already exist on the front facade of a dwelling, modifications made to any of the entrances shall result in one entrance appearing to be the principal entrance and other entrance(s) appearing to be secondary. All stairways leading to second or third stories shall be enclosed within the exterior walls of the dwelling. h. The accessory apartment will have no more than two (2) bedrooms. i. The Special Permit for an accessory apartment shall terminate: 1. Upon the death of the designated occupant; or 2. Upon the change of residence of the designated occupant (see subsection k. below); or 3. Upon the transfer of ownership of the premises. Following termination of said Special Permit the owner shall remove the kitchen built as a result of the Special Permit within ninety (90) days. The house will then revert to a single - family residence. The accessory apartment shall not be held in, or transferred into separate ownership from the principal dwelling under a condominium form of ownership, or otherwise. j. An affidavit by the record owner, sworn under penalties of perjury, with proper documentation is required with the application to certify that the accessory apartment living area is for a relative(s). The affidavit must provide the name(s) of the relatives who will reside in the accessory apartment (the "designated occupants "). The Special Permit shall be issued to the owner of the property and occupancy of the accessory apartment by the designated occupants will be a condition of the Special Permit. k. The Building Inspector shall have the right at a reasonable time to inspect the premises to determine compliance per requirements of this ordinance and the Special Permit. Refusal of this inspection may result in the revocation of the special permit. L In granting a Special Permit the Board may impose such conditions, including requirements for off street parking and limitations on other accessory uses of the premises, as it may deem appropriate to avoid detriment to the neighborhood or to nearby persons or property. The Board shall evaluate each Special Permit application that involves exterior changes in the appearance and character of the neighborhood and may require that there be no change or minimal change to any building facade oriented toward a public way or visible from a public way. (Editor's Note: The existing zoning provision for "Accessory Apartments " is attached hereto for reference.) Existing Zoning Provision for Accessory Apartments (in effect as of March 1, 2012) 4/19/2012 Regular Meeting Page 6 of 12 "C Special Provisions for Accessory Apartments Notwithstanding provisions in this Chapter to the contrary, the Zoning Board of Appeals may consider the granting of a temporary Conditional Permit use for the alteration of an existing, single-family residence to include an Accessory Apartment in any residential zone, subject to the following provisions: 1. An accessory apartment may be permitted to accommodate a person to live in proximity to, but with independence from, a relative. 2. The application shall designate the individual who is to occupy the accessory apartment. The temporary Conditional Permit shall be issued to the owner of the property. 3. The alterations shall be limited to only one building, which shall be the main building on the property, and any major changes shall be within the existing structure. 4. There shall be no more than two (2) dwelling units on said property, including an accessory apartment. S. The owner of record shall reside in one of the two dwelling units, which shall be said owner's principal residence. 6 Both the existing dwelling unit and the accessory apartment shall comply with the minimum size requirements mandated by this Ordinance. 7. The accessory apartment shall be aself- contained dwelling unit with separate cooking, sanitar y and sleeping facilities for the exclusive use of the designated occupant. 8. The dwelling unit shall have only one ftont entrance, when practical. 9. The two dwelling units shall contain no more than four (4) bedrooms and one (1) bedroom, respectively, unless the existing single-family residence has more than five (5) bedrooms, in which case the existing number of bedrooms shall be maintained as the total of both units. 10. The temporary Condition Permit, if granted, shall Nun for a period of four (4) years and may be renewed every four (4) years thereafter, by the City Clerk. Upon re- application by the record owner, the City Clerk shall review the Permit only if the conditions which led to its original granting still exist and all other requirements which apply to an original application are met. The City Clerk may consult the Building Inspector, the Planning Department, or other appropriate City agency with concern to the re-application process described above. 11. The temporary Conditional Permit for an accessor y apartment, and any renewal of said temporary Conditional Permit, shall terminate: 1. Upon the death of the designated occupant; or 2. Upon the change of residence of the designated occupant; or 3. Upon the transfer of ownership of the premises, if such transfer is unrelated to the 4/19/2012 Regular Meeting Page 7 of 12 issuance of the temporary Conditional Permit; or 4. Upon the expiration of the permit period set forth above. The City Clerk shall notify the Building Inspector of any change of occupancy. Following termination of said temporary Conditional Permit, the designated occupant (of the accessory apartment) shall have ninety (90) days to relocate; the kitchen built as a result of the temporary Conditional Permit shall be removed by the owner ninety (90) days after the designated occupant leaves. The house will then revert to a single-family residence. (C 1. - 11. Rev. 6 -26- 87) Commercial Mobile Radio Service transmission facilities, structures, and /or towers are allowed by Special Permit (Ord. No. 115, 6- 11 -96). " Refer to Legal Affairs #73 March 29, 2012 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Councilors: In May of 2006 the City of Beverly offered for sale land located at 10 and 40 Sam Fonzo Drive. Two bidders responded to the City's Request for Proposals, and each proposer offered to buy a portion of the parcel then identified as Lot 17 on Land Court Plan 31995 -G. One bidder, David S. Fonzo of S &D Real Estate Trust, has already taken title to 40 Sam Fonzo Drive (labeled as Parcel 30 on what is now called Land Court Plan 31995 -L). The other, Kelleher Construction Co., Inc., was awarded the bid for 10 Sam Fonzo Drive (labeled as Lot 29 on Land Court Plan 31995 -L) at a price of $145,000.00, but has not yet closed. The City Solicitor has determined that Kelleher's proposal is still enforceable. Recently Kelleher assigned its rights in this transaction to a company known as "The 2008 LLC", a company affiliated with The Flatley Company (Flatley). A copy of the Land Court Plan is attached for reference. Flatley already owns a larger adjacent parcel. During the passage of time changing conditions on the ground caused the Flatley parcel to become encumbered by wetlands. The presence of these wetlands greatly impairs the opportunity for development on the Flatley parcel. Flatley has applied for and received permission from the Beverly Conservation Commission to replicate the wetlands now on its property on the "RFP" parcel of land at 10 Sam Fonzo Drive (see copy of Order of Conditions enclosed). This should allow for a larger overall building and more tax revenues than would the separate development of each lot. In accordance with the Order of Conditions, and if it were allowed to do so, Flatley would do the following: Purchase the subject City parcel for the full amount of the purchase price of $145,000, and on the same day, transfer ownership of the parcel back to the City and into the care and custody of the Beverly Conservation Commission as a gift from the developer, reserving the right to complete the wetlands replication on the RFP parcel. 4/19/2012 Regular Meeting Page 8 of 12 In order to complete this transaction the City Council would have to formally accept the return of the parcel to City ownership and give The 2008 LLC permission to enter the parcel in order to carry out any work necessary to replicate the wetlands. A proposed Order of the Council is enclosed herewith for your consideration as is a copy of the proposed deed. City Solicitor Roy Gelineau or I are available to respond to any questions you have about the proposed transactions. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #74 April 2, 2012 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation Mr. Martin C. Lian, 24 Grover Street and Ms. Wendy Pearl, 15 Andover Road to serve as members of the Beverly Historic District Commission. Their terms to be effective until April 1, 2015. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs Communications from other City Officers and Boards: #75 - Communication from City Clerk re: Renewal of Petroleum Storage Licenses 2012/2013. Refer to Legal Affairs #76 - Semi-Annual Report from Open Space &Recreation. Refer to Legal Affairs 4/19/2012 Regular Meeting Page 9 of 12 #77 - Communication from City Clerk re: Renewal of Second Hand Junk Dealers Licenses - 2012/2013. Refer to Legal Affairs Communications, Applications and Petitions: #78 Application for Hawkers &Peddlers License —John Phelps, 46 Jordan St. Refer to Legal Affairs #79 Application Sandwich Board Sign (H & R Block) 157 Cabot St. Refer to Legal Affairs Reports from Committees: #38 The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Trustees Certificate /Quit Claim deed 85 Haskell St. 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 accept the gift of real estate from the Trustees of the 87 Haskell St. Realty Trust conveying all their rights, title in interest in the property commonly known as 85 Haskell St. Order read once and adopted 9 -0 Vote # 62 The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Adoption of Local Option Amending Section 12(2) (D) of Chapter 32 Beverly Contributory Board have considered said matter and beg leave to report as follows, to wit: Recommend the Council adopt the local option allowed under Sec.29 & 30 of Chapt. 176 Acts of 2011 Order read once and adopted 9 -0 Vote #21 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Order: Councilor Houseman that a "No Parking Here to Corner" sign be installed on the easterly side of Hale St. 20ft. south of Ober St. have considered said matter and beg leave to report as 4/19/2012 Regular Meeting follows, to wit: Receive and Place on File Order read once and adopted 9 -0 Vote #24 Page 10 of 12 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Order: Councilor Slate: re Time restricted parking — adjacent McPherson Youth Center- 4 McPherson Dr. have considered said matter and beg leave to report as follows, to wit: Receive & Place on File Order read once and adopted 9 -0 Vote #60 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Request for a waiver of Ordinance re: Alcohol on Public Property (Obear Park) from the Herman a. Spear Post (Scott Perry) have considered said matter and beg leave to report as follows, to wit: Recommend the request be denied Order read once and adopted 9 -0 Vote #60 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application for Second Hand Junk Dealers License (Plum Consignment LLC —156 Cabot St. (Pamela Hulbert) 50 Rantoul St. Beverly, MA. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the License Order read once and adopted 9 -0 Vote #67 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Request for waiver of ordinance re: Alcohol in Public Buildings (Beverly Farms Library) Carmela Martin — 19 vine St. Beverly, MA. 01915 have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request Order read once and adopted 9 -0 Vote 4/19/2012 Regular Meeting #68 Page 11 of 12 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Order: Councilor Slate relative to amendment of Ordinance Stopping, Standing & Parking Sec. 21.13 Off Street Parking Generally have considered said matter and beg leave to report as follows, to wit: Submit the Accompanying Amended Ordinance and recommend its Adoption In the year two thousand and twelve An Ordinance Amending an Ordinance Section 21.13 Stopping, Standing and Parking Off — Street Parking Generally ADD (vi) In the parking area at 4 McPherson Drive, there shall be 3 Handicap spaces and the remainder of the lot shall be marked "Parking for Youth Center & Public Park Only/ All others Will Be Towed At Owner's Expense ". AND (v) Towing of vehicles parked in special areas. ADD (i) 4 McPherson Drive, vehicles not identified as Youth Center /Public Park patrons. First Reading: March 19, 2012 Second Reading: April 2, 2012 Ordinance read once and held for advertising and final passage as per charter provisions 9 -0 #51 The Committee on Public Services /Committee of the Whole to whom was referred the matter of Petition — National Grid installation of underground concrete encased conduits (Bow St.) have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Petition First reading: February 21, 2012 Public Hearing: March 19, 2012 Second Reading: April 2, 2012 Order read once and adopted 9 -0 Unfinished Business: Motions and Orders: # 80 Order: Councilor Houseman (late file) Resolution for Dr. Mayo Johnson Receive & Place on File 4/19/2012 Regular Meeting Order: Councilor Troubetaris Amendment of Ordinance — Beverly Harbor Mgt. Authority Refer to Legal Affairs Meeting adjourned: 8:45PM Attest: Kathleen P. Connolly, CIVIC City Clerk Page 12 of 12 4/19/2012