2014-05-19Regular Meeting Page 1 of 12
Beverly Meeting Minutes
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Tuesday, May 20, 2014 1:57 PM
To: councilors @beverlyma.gov; minutes @beverlyma.gov; BETTERGOV1@aol.com
Subject: may19,2014
Regular Meeting
Beverly City Council 7:00 PM MAY 19, 2014
Roll C Councilors: John P. Frates Jr., Scott D. Houseman, David J. Lang, James F. Latter, Donald G. Martin, Estelle M.
Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci,
Pledge of Allegiance to the Flag: Councilor Frates
Acceptance of Minutes: Meeting of May 5, 2014
Public Speakers and Hearings:
1. Judith Cronin, Executive Dir. Greater Beverly YMCA
2. Rosemary Maglio, Beverly resident
Presentations, Awards and Memorials:
Resolution: Mary Rodrick
Communications from His Honor the Mayor:
#124
May 19, 2014
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review as provided in Sec. 2 -10 of the Beverly City Charter, Mr. Bruce
Doig to serve as Director of Parks, Recreation and Community Services.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
5/21/2014
Regular Meeting
#125
May 19, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 2 of 12
I hereby reappoint subject to your review and recommendation Ms. Joanne Kadlecek, 10 Munroe Street, Beverly to
serve as on the Cultural Council.
Her term is to be effective until April 30, 2017.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Public Services
#126
May 19, 2014
The Honorable City Council
City Hall
Beverly, MA 01915
Re: Amendments to the City's Community Preservation Act Ordinance
Dear Honorable Council:
The Community Preservation Act (CPA) was adopted by Beverly voters in November 2012. The City Council
passed an ordinance is July 2013 that implemented the CPA process. The CPA ordinance allows for certain
eligible residential property owners to request an exemption from the CPA surcharge by filing an exemption request
with the City Assessor's office. The ordinance as it exists, however, does not provide for any deadline for such
filings. The Assessor's office is seeking to establish a deadline that is consistent with other exemptions or tax
abatements that are available to citizens, such as those for seniors, veterans, and the blind. Presently all Statutory
Exemption Applications must be filed with the Board of Assessors three months after the actual (not preliminary) tax
bills are mailed for the fiscal year in which the application is sought. To be consistent, the Assessor's Office would
like to implement the same deadline for the CPA Surcharge Exemption Application. An established deadline will
provide clarity to homeowners regarding when they must seek an exemption and will allow the City to commit funds
to CPA projects and reliably budget reserves for exemptions. Additionally, establishing a deadline simplifies tax
procedures for citizens and permits the City to responsibly allocate CPA money once it is appropriated.
In addition to the foregoing proposed amendment, the CPA ordinance requires the following clerical changes:
(1) Section 7.49 (b) (i) (6) incorrectly identifies the Open Space and Recreation Committee as the Open Space and
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Page 3 of 12
Recreation Commission. It is necessary to replace the word "Commission" with the word "Committee."
(2) Section 7.49 (b) (ii) requires correction in order to properly state that there are six (6) listed boards,
commissions, and committees in the ordinance and not five (5) as the ordinance mistakenly states.
A draft ordinance is attached to this letter, which I ask that you adopt.
Sincerely,
Michael P. Cahill, Mayor
In the year two thousand and fourteen
In the year two thousand and fourteen
An ordinance amending an ordinance entitled Community Preservation Committee.
Be it ordained by the City Council of the City of Beverly as follows:
By amending Section 7.49 entitled Community Preservation Committee of the revised Ordinances of
the City of Beverly by adding the following language:
(g) Exemptions- Applications for exemption from the Community Preservation Act Surcharge must be
filed with Board of Assessors three (3) months after actual (not preliminary) tax bills are mailed for the
fiscal year in the year in which the exemption is sought.
and by amending the following language:
In Section 7.49 (b) (i) (6) by replacing the word "Commission" with the word "Committee ".
In Section 7.49 (b) (ii) by replacing the words "any of the five (5) boards and commissions listed in
sections (b)(i) 1 through (b)(i) 5 inclusive" with the words, "any of the six (6) boards, commissions, and
committee listed in sections (b)(i)(1) through (b)(i)(6) inclusive."
Refer to Legal Affairs
#127
May 19, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As outlined in my Capital Expenditure Plan, the city has a number of projects that it must undertake in the near
future to improve our ability to provide the highest level of service possible to our citizens. One project that is much
needed and should take place prior to the resurfacing of Rantoul Street is the inspection, cleaning and relining of
the Rantoul Street sewer main. Not only is this project important for the long term reliability of that area of the
sewer system, but should be done now to avoid unnecessarily digging up the soon to be resurfaced Rte. 1A. The
city will be working with engineers in the very near future to determine the full scope of the cleaning, but must move
quickly to avoid any unnecessary delays. I respectfully request, an appropriation and loan order to perform this
work. This appropriation request for $1,350,000 will be raised with an authorization to borrow. The future debt
service payments will be paid from the City's sewer enterprise fund.
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Please initiate action on this matter at your next City Council meeting, May 19, 2014. This appropriation and loan
order will require a public hearing be set prior to a Council vote. Thank you.
Very truly yours,
Michael P Cahill
Mayor
Refer to Finance &Property
#128
May 19, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As outlined in my Capital Expenditure Plan, the city has a number of projects that it must undertake in the near
future to improve our ability to provide the highest level of service possible to our citizens. One major project that
has been planned for some time is the Cove sewer system engineering and construction project. Extraneous water
enters the sanitary sewers, causing them to overflow during significant storms. The city has worked with engineers
to investigate the problem, and results indicate that there are significant amounts of groundwater and surface water
entering these sewers from a variety of sources. Manholes will need to be sealed and sewer mains will require
relining. This project is estimated to cost $1,350,000. 1 respectfully request, an appropriation and loan order to
perform this work in the coming construction season. This appropriation request for $1,350,000 will be raised with
an authorization to borrow. The future debt service payments will be paid from the City's sewer enterprise fund.
Please initiate action on this matter at your next City Council meeting, May 19, 2014. This appropriation and loan
order will require a public hearing be set prior to a Council vote. Thank you.
Very truly yours,
Michael P Cahill, Mayor
Refer to Finance & Property
#129
May 19, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As outlined in my Capital Expenditure Plan, the city has a number of projects that it must undertake in the near
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Regular Meeting Page 5 of 12
future to improve our ability to provide the highest level of service possible to our citizens. To fully augment fire
flows in the Beverly Farms area it is necessary to upgrade a section of the water main on Standley St. The section
from Foster St. to Eagle Lane will be upgraded from six to sixteen inch pipe. This capital project will require an
estimated investment of $800,000. 1 respectfully request, an appropriation and loan order to perform this work in
the coming construction season. This appropriation request for $800,000 will be raised with an authorization to
borrow. The future debt service payments will be paid from the City's water enterprise fund.
Please initiate action on this matter at your next City Council meeting, May 19, 2014. This appropriation and loan
order will require a public hearing be set prior to a Council vote. Thank you.
Very truly yours,
Michael P Cahill, Mayor
Refer to Finance & Property
#130
May 19, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As outlined in my Capital Expenditure Plan, the city has a number of projects that it must undertake in the near
future to improve our ability to provide the highest level of service possible to our citizens. Of these projects, the
rehabilitation of the 12" water main that feeds Beverly Farms is one of the most important. The main was initially
installed in the 1930's and needs to be cleaned and lined to remove mineral build up that is causing discoloring of
the water and reducing the fire flow to that area of the City. I respectfully request, an appropriation and loan order
to perform this work in the coming construction season. The appropriation request is for $2,900,000 and will be
raised with an authorization to borrow. The future debt service payments will be paid from the City's water
enterprise fund.
Please initiate action on this matter at your next City Council meeting, May 19, 2014. This appropriation and loan
order will require a public hearing be set prior to a Council vote. Thank you.
Very truly yours,
Michael P Cahill, Mayor
Refer to Finance & Property
Communications from other City Officers and Boards:
#104A
May 20, 2014
The Honorable City Council
5/21/2014
Regular Meeting
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
Page 6 of 12
RE: COUNCIL ORDER #104 - RECOMMENDTION FROM PLANNING BOARD - ZONING AMENDMENT
RELATIVE TO FLOODPLAIN OVERLAY DISTRICT ORDINANCE (SECTION 38 -31.A) AND ADOPTION OF 2014
FLOOD INSURANCE RATE MAPS
Dear Members of the Council:
At the Planning Board's Special Meeting on May 5, 2014, which immediately followed the Joint Public Hearing on
the above - referenced Zoning Amendment, Members voted to recommend to the City Council that Council Order
#104 BE ADOPTED.
Independent of the Board's recommendation on the Zoning Amendment, the Board also recommended that the City
consider taking the following measures:
1. Explore participation in the National Flood Insurance Program (NFIP) Community Rating System (CRS).
More information on this program can be found at http: / /www.fema.gov /national- flood - insurance- program-
community-rating-system
2. Explore available flood mitigation assistance programs for affected areas in the City. Specifically,
determine whether there are improvements that could occur on publicly controlled areas (such as Dane
Street Beach) that could mitigate flooding impacts on nearby properties.
3. Send a follow up notice to property owners who may be impacted by the Federal Emergency Management
Agency's 2014 Flood Insurance Rate Map (FIRM) amendments. The notice should be distributed to
property owners with structures and /or land that may be impacted. The notice should inform property
owners that they should review the FIRM, determine the extent to which they might be affected, and
discuss options with their insurance agent before July 16, 2014, when the FIRM becomes effective. (Note:
The City will send such notice on or about Friday, May 9, 2014)
Sincerely,
John Thomson , Chairperson
Refer to Legal Affairs
#131
May 14, 2014
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: PROPOSED AMENDMENT TO THE BEVERLY ZONING ORDINANCE CHAPTER 38 -31 INTRODUCING A NEW
SECTION (38 -31.F) ENTITLED THE BEVERLY HARBOR INTERIM PLANNING OVERLAY DISTRICT (BHIPOD).
Dear Honorable Council,
respectfully submit the attached proposed zoning amendment for your consideration. The proposed amendment seeks to
introduce a new overlay zoning district within Section 38 -315 entitled Beverly Harbor Interim Planning Overlay District
(BHIPOD).
5/21/2014
Regular Meeting Page 7 of 12
The Department of Planning and Community Development has drafted the attached amendment to strengthen land use
controls and enhance development requirements for new projects proposed in the Waterfront Development (WD) zoning
district. The proposed amendment is a temporary change to zoning regulations that will provide the City time to conduct a
public planning process resulting in new zoning requirements for the harbor front area. The interim district is also offered for
consideration in anticipation of the boundary review process of the Beverly Designated Port Area (DPA) carried out by
Massachusetts Coastal Zone Management (CZM).
The DPA boundary review has begun and it is expected to occur over a 9 to 12 month period concluding with CZM issuing a
final decision that will alter the current extent of the DPA. During this time the City will work with property owners, residents,
and other stakeholders while carrying out a planning process concurrent to the boundary review. Ultimately, the objective is to
submit a comprehensive harbor front zoning amendment that is aligned with the Beverly Master Plan and the Beverly Harbor
Management Plan and is responsive to the interests expressed during the public process. The proposed BHIPOD amendment
includes the following elements:
Purpose Statement: This section of the amendment enumerates the reasons for which the BHIPOD is to be
implemented.
Applicability: This section establishes the Waterfront Zoning District as the area for which the proposed overlay
district will introduce additional land use and development regulations. It also establishes a 2 -year time frame for
which the overlay district will be in affect with an option to extend by six month increments with approval by the City
Council.
• Permitting & Use Regulations: the 3 rd and final section establishes land use regulations, identifying which uses are
allowed "by- right' or by special permit. Section 3 paragraphs (a) and (b) have been adapted from the land use
regulations that currently exist in the WD zoning district with a limited number of alterations. Additional special permit
criteria are introduced under paragraph (c) of this section. The new criteria will provide the Planning Board acting as
the special permit granting authority with greater oversight of proposed development projects.
Attached to this cover letter is the proposed amendment, a map showing the extent of the proposed BHIPOD district in
relation to existing zoning districts, and for reference, a map of the current extent of the Beverly DPA boundary. You may note
that Section 3 (Permitting and Use Regulations) of the proposed amendment includes notation highlighting differences in land
use regulations between existing regulations as established in the Waterfront Zoning District and the proposed BHIPOD
zoning district.
Please feel free to contact me if you have any additional questions at 978 - 605 -2341
Sincerely,
Aaron Clausen
Director, Planning and Community Development
Refer to Legal Affairs
Communications, Applications and Petitions:
#132
Application Americab Taxi, Inc.Fourteen Licenses
Refer to Legal Affairs
5/21/2014
Regular Meeting
#133
Application Renewal Hawkers & Peddlers Lic. Carlos Rocha, Ice Cream Truck
Refer to Legal Affairs
#134
Application Renewal Hawkers & Peddlers Lic. Ice Cream Truck, Ice Cream Truck
Refer to Legal Affairs
#135
Application Renewal Pawnbrokers Lic. Frank Del Gaudio, d /b /a Beverly Loan and Jewelry
Refer to Legal Affairs
#136
Invitation to march in Michael J. Cadigan, Jr. Post 46 parade on memorial Day
Receive and Place on File
#137
Invitation to attend 100th Anniversary Commemoration of the Great Salem Fire of 1914
Receive and Place on File
#138
Application Fortune Tellers license Sophia Andrianopoulos, 11 Sunset Dr.
Refer to Legal Affairs
#139
Application Hawkers & Peddlers License Kelsey Perez, 6 Dover Cir., Newtown, CT
Refer to Legal Affairs
Reports from Committees:
Page 8 of 12
5/21/2014
Regular Meeting
#127
Page 9 of 12
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Loan Order for $1,350,000.00
Rantoul Street area Sewer System have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, June 2, 2014 at 7:20 PM in City Hall Council
Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to appropriation and Loan Order for $1,350,000 to pay costs of cleaning
and relining sewer mains in the Rantoul Street area, including the payment of all other costs incidental and related thereto, and that to
meet this appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under and
pursuant to Chapter 44, Section 7(1A) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the
City therefore.
Order read once and adopted 9 -0 Vote
#128
The Committee on Finance and property / Committee of the Whole to whom was referred the matter of Loan Order for $1,350,000.00 Cove
area Sewer system have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, June 2, 2014 at 7:30 PM in City Hall Council
Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to appropriation and Loan Order for $1,350,000 to pay costs of
engineering and constructing the Cove Area Sewer System, including the payment of all other costs incidental and related thereto, and that
to meet this appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under
and pursuant to Chapter 44, Section 7(1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of
the City therefore.
Order read once and adopted 9 -0 Vote
#129
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Loan Order ($800,000.00) Stanley
Street Water Main have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, June 2, 2014 at 7:40 PM in City Hall Council
Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to the appropriation and Loan Order for $800,000.00 to pay costs of
rehabilitating the Standley Street Water Main, including the payment of all other costs incidental and related thereto, and that to meet this
appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under and pursuant
to Chapter 44, Section 8(5) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City
therefore.
Order read once and adopted 9 -0 Vote
#130
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Loan Order ($800,000.00) Beverly
Farms Water Main have considered said matter and beg leave to report as follows, to wit:
5/21/2014
Regular Meeting Page 10 of 12
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, June 2, 2014 at 7:50 PM in City Hall Council
Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to appropriation and Loan Order of $2,900,000.00 to pay costs of
rehabilitating the the Beverly Farms Water Main, including the payment of all other costs incidental and related thereto, and that to meet
this appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under and
pursuant to Chapter 44, Section 8(5) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the
City therefore.
Order read once and adopted 9 -0 Vote
#122
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application hawkers and Peddlers License
One Day Event July 4, West beach Bruce Gordon, 5 Patriots cir. Gloucester 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
#131
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of proposed Zoning Ordinance re Beverly
Harbor interim Planning Overlay District have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: Notice is hereby given in accordance with M.G.L. Chapter 40A, Section 5 that the Beverly City Council and Beverly Planning
Board will hold a Joint Public Hearing on Monday June 16, 2014 at 7:20 p.m. in the City Council Chambers, third floor, City Hall relative
to: 1. Amendment to the Beverly Zoning Map to include the "Beverly Harbor Interim Planning Overlay District "; and 2. Amendment to the
Beverly Zoning Ordinance Chapter 38 -31 introducing a new section (38 -315) entitled "The Beverly Harbor Interim Planning Overlay
District (BHIPOD) ". Proposal introduces land use and development controls for a 2 -year term while a comprehensive rezoning process
occurs.
Copies of the proposed amendment are on file in the Planning Department and Office of the City Clerk and are available for public review.
Order read once and adopted 9 -0 Vote
#133
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Renewal Application hawkers & Peddlers
License Carlos Rocha Ice Cream Truck 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
#134
5/21/2014
Regular Meeting
Page 11 of 12
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application Renewal hawkers &Peddlers
License Robert Wilson Ice Cream Truck 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
#135
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application Renewal for Pawnbrokers
License Frank Del Gaudio d /b /a Beverly Loan &Jewelry 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
#138
The Committee on Legal Affairs / Committee of the Whole to whom wic Services / Committee of the Whole to whom was referred the
matter of application renewal for Fortune Tellers License Sophia Andrianopoulos, 11 Sunset Dr 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
#139
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for Hawkers and Peddlers
License Kelsey Perez 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
#120
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment of Theresa Hansen to
Cultural Council 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
#121
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment William Simpson
Commission on Disabilities have considered said matter and beg leave to report as follows, to wit:
5/21/2014
Regular Meeting Page 12 of 12
Recommend the Council approve the License
Order read once and adopted 9 -0 Vote
#125
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment of Joanne Kadleck to
serve on the Cultural Council 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
Unfinished Business:
Motions and Orders:
Meeting Adjourned: 8:20 PM Attest: Kathleen P. Connolly, CMC
City Clerk
5/21/2014