2015-03-16From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Friday, March 20, 2015 11:31 AM
To: councilors @beverlyma.gov; minutes @beverlyma.gov;
BETTERGOVI @aol.com
Subject: March 16,2015 Meeting
Regular Meeting
Beverly City Council 7:00 PM Tuesday, March 16, 2015
Roll Call: Councilors: John P. Frates Jr.(absent), 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 St.Hilaire
Acceptance of Minutes: Regular Meeting of March 2, 2015
Public Speakers and Hearings:
Public Hearings:
7:20 PM #309 National Grid Petition Underground Conduits Hale @
Thissell St.
Refer to Public Services
Ave.
7:25 PM #306 National Grid petition Underground Conduits Brimbal
Refer to Public Services
7:30 PM #310 National Grid & Verizon Petition covering Joint Poles
Brimbal Ave.
and Vittori Road
Refer to Public Services
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#314
March 16, 2015
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: PROPOSED AMENDMENT TO THE BEVERLY ZONING ORDINANCE CHAPTER 38 -28
REPLACING THE WATERFRONT DEVELOPMENT (WD) DISTRICT WITH THE NEW BEVERLY
HARBOR DISTRICT (BHD).
Dear Honorable Council:
I am pleased to submit the attached proposed zoning amendment creating the Beverly
Harbor
District (BHD) for your consideration. The amendment seeks to replace the existing
Waterfront
Development (WD) zoning district with the new Beverly Harbor District (BHD). The
amendment
will also eliminate the Beverly Harbor Interim Planning Overlay District (BHIPOD)
as it was a
temporary measure to control development while the BHD was developed.
As the Council is aware the topic of development along the waterfront has been on
the forefront
of the community's mind for quite some time. Introducing new mixed -uses
development,
strengthening existing uses, and improving public access along the waterfront have
been the
objectives expressed in a number of City policy documents including the Beverly
Master Plan,
Beverly Harbor Management Plan, and Open Space Plan. The public process conducted
this
past nine months to assist the City in developing new regulations have confirmed
that there is
strong interest in introducing thoughtful development with public amenities to
enliven the
waterfront and make it more accessible to the public.
The proposed amendment is the culmination of several months of work involving the
public and
numerous stakeholders to create a vision for development on the Beverly harbor
which states
that the zoning ordinance will seek to:
Protect and enhance Beverly's existing marine and waterfront amenities and
expand public access to the water by creating continuous and inviting public
spaces enlivened with new mixed -use development and waterside recreational
facilities that is well integrated with surrounding neighborhoods.
This vision was used as the guiding principle in writing the BHD district, is
expressed clearly in
the purpose statement, and is reflected in land use and development requirements
throughout
the ordinance. The proposed amendment is consistent with the Beverly Master Plan
the Harbor
Management Plan and is responsive to the interests expressed during the public
process.
Enclosed with this cover letter are the proposed zoning amendment and a map showing
the
extent of the BHD zoning district. Aaron Clausen, Director of Planning and
Community
Development, will be on hand to provide an overview of the public process and
review in detail
requirements proposed in the BHD zoning district. Please feel free to contact Aaron
Clausen
directly if you have any additional questions at 978 - 605 -2341.
Sincerely yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#315
March 16, 2015
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: COUNCIL ORDER TO AUTHORIZE THE MAYOR TO GRANT A PERMANENT
CONSERVATION RESTRICTION TO ESSEX COUNTY GREENBELT FOR CITY
OWNED PROPERTY ADJACENT TO NORWOOD POND.
Dear Honorable Council:
I respectfully submit the attached conservation restriction for City owned property
adjacent to
and including Norwood Pond totaling approximately 133.5 acres of land for your
consideration.
The City will continue to own the property, Essex County Greenbelt will hold the
conservation
restriction, and residents and visitors to Beverly will always enjoy access to this
valuable
resource.
The subject property includes a landscape that hosts a wide diversity of wildlife
habitat,
including freshwater wetlands, riparian corridor, vernal pools and upland forest.
Given the unique
mix of landscape characteristics the conservation restriction recognizes that the
property offers
significant scenic, scientific, outdoor educational and recreational value. It
further recognizes
that the property is a distinctive Massachusetts landscape that embodies the
special character
of the region. Therefore the purpose of the conservation restriction is to assure
the property will
be retained in its current natural state, scenic and undeveloped condition in
perpetuity while
preserving public access for recreational enjoyment of the property.
Placing the Norwood Pond property into permanent protection advances a number of
objectives
of the City of Beverly Open Space and Recreation Plan (2008) as well as the City of
Beverly
Master Plan (2003). Specifically, the Beverly Open Space Plan called for Norwood
Pond and its
environs be permanently protected utilizing a conservation restriction.
My administration has been working closely with The Essex County Greenbelt
Association to
craft the attached restriction, which has also been reviewed and approved by the
Massachusetts
Executive Office of Energy and Environmental Affairs (EOEEA). Feel free to contact
Aaron
Clausen directly if you have any additional questions at 978 - 605 -2341.
Sincerely yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#316
March 16, 2015
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through a generous bequest
from the Estate
of Marjorie Thorne, has received $99,000 made payable to the City of Beverly
Enterprise Fund.
Ms. Thorne also generously made bequests to the MSPCA and the Northeast Animal
Shelter.
With your approval, this grant will go into the City of Beverly's Enterprise Fund
to support the
Council on Aging. Massachusetts General Law Chapter 44 Section 53A requires both
council
and mayoral approval before any grant or gifts to the city can be expended for
their prescribed
purpose. I therefore request the council approve this bequest by taking action on
this matter at
your upcoming meeting of the City Council on March 16, 2015. Thank you.
Sincerely yours,
Michael P. Cahill, Mayor
Refer to Finance and Property
#317
March 16, 2015
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I request your approval to use FY2015 funds toward the payment of twenty -two (22)
prior year
invoices totaling $ 999.99. The attached invoices will be paid out of the
respective Departments
Fiscal 2015 budget if approved. Per MGL Chapter 44 Section 64, the required
certification has
been filed with the City Auditor.
I kindly request your approval to resolve these matters. Thank you for your
consideration.
Sincerely yours,
Michael P. Cahill, Mayor
Refer to Finance and Property
#318
March 16, 2015
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Police Department,
has received
an FY 2015 Traffic Enforcement Grant from the Massachusetts Executive Office of
Public Safety
& Security in the amount of $15,000. With your approval, this grant will be used
for traffic
enforcement mobilizations. Massachusetts General Law Chapter 44 Section 53A
requires both
council and mayoral approval before any grant or gifts to the city can be expended
for their
prescribed purpose. I therefore request the council approve this grant by taking
action on this
matter at your upcoming meeting of the City Council on March 16, 2015. Thank you.
Sincerely yours,
Michael P. Cahill, Mayor
Refer to Finance and Property
#319
March 16, 2015
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation Mr. Richard Grandoni,
58 Neptune
Street, Beverly to serve on the Conservation Commission.
His term is to be effective until June 30, 2017.
Sincerely yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#320
March 16, 2015
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation Mr. George Binns, 51
Baker
Avenue, Beverly to serve as the Mayoral Appointee to the Parking and Traffic
Commission.
Mr. Binns will complete the term of Mr. William Bent, who recently resigned. His
term is to be
effective until March 1, 2017.
Sincerely yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#321
March 16, 2015
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation Mr. Justin Repp, 14
Cornell Road,
Beverly to serve on the Parks and Recreation Committee.
Mr. Repp will complete the term of Mr. John Aucone who recently moved from the
city. His term
is to be effective until December 31, 2015.
Sincerely yours,
Michael P. Cahill, Mayor
Refer to Public Services
#322
March 16, 2015
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and Ms. Wendy Pearl, 15 Andover Street
to serve on
the Beverly Historic District Commission.
Her term is to be effective until April 1, 2018.
Sincerely yours,
Michael P. Cahill, Mayor
Letter read once and adopted on Floor 9 -0 Vote
#323
March 16, 2015
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I respectfully request your approval to allow the City the ability to establish a
Trust Fund for
Other Post Employment Benefits Liability, commonly referred to as OPEB liability.
As noted in
the attached memo from the City's finance director, the authorization is required
per MGL 32B
section 20. Establishing a Trust to meet this obligation is widely viewed as a
fiscally responsible
effort and will help to highlight the need to plan for this considerable liability.
I therefore ask that
the City Council adopt section 20 of Chapter 32B of Massachusetts General Law.
Sincerely yours,
Michael P. Cahill, Mayor
Refer to Finance and Property
Communications from other City Officers and Boards:
#324
Communication from City Clerk relative to Application of Petroleum Storage
Registrations for
2015
Refer Legal Affairs
Communications, Applications and Petitions:
#325
Request by Marshall Handly, Trustee of the Public Library, to be designated as a
"Special
Employee"
Refer to the Committee on Legal Affairs
Reports from Committees:
#316
The Committee on Finance and Property /Committee of the Whole to whom was referred
the
matter of Request for approval of a (99,000.00 bequest from the Estate of Marjorie
Thorne
which will be placed into the City of Beverly's Enterprise Fund to support the
Council on Aging
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
#317
The Committee on Finance and Property /Committee of the Whole to whom was referred
the
matter of request for approval to use FY2015 funds towards payment of (22) prior
year invoices
totaling $999.99 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
#318
The Committee on Finance and Property /Committee of the Whole to whom was referred
the
matter of request for approval of $15,000.00 FY 2015 Traffic Enforcement grant for
the Beverly
Police Dept. from the MA executive Office of Public Safety & Security have
considered said
matter and beg leave to report as follows, to wit:
Recommend the Council approve the grant
Order read once and adopted 9 -0 Vote
#282 -D
The Committee on Legal Affairs /Committee of the Whole to whom was referred the
matter of
Request by Windover McKay,LLC for a Public Hearing and Re- issuance of City Council
Special
Permit under Section 38 -24.E of the Zoning Ordinance to Authorize residential reuse
of a former
Public Building,131 McKay 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 hold a Public Hearing on
Monday April 6,
2015 at 7:20 PM relative to the re- issuance of a City Council Special Permit
granted to Windover
McKay, LLC on February 17, 2015 (filed with the City Clerk on March 3, 2015) under
Section 38-
24.E of the Zoning Ordinance to Authorize Residential Reuse of Former Public
Building, 131
McKay Street (Assessors Map 41 /Lot 76). The purpose of the hearing is to address a
procedural
defect in the public notice. No changes have been made to the project from what
was approved
on February 17, 2015.
Order read once and adopted 9 -0 Vote
#313
The Committee on Legal Affairs /Committee of the Whole to whom was referred the
matter of
Request to amend a Class II MVDL License Generation 2000 Auto Sales, LLC by adding
a dba:
Marshall Motors North 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
#314
The Committee on Legal Affairs /Committee of the Whole to whom was referred the
matter of
Proposed Amendment to the Beverly Zoning Ordinance Chapt.38 -28 Replacing the
Waterfront
Development (WD) District with the new Beverly Harbor District (BHD) have
considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That 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 April
6, 2015 at 7:45 p.m. in the City Council Chambers, third floor, City Hall, 191
Cabot St. Beverly,
MA. 01915 relative to: A PROPOSED AMENDMENT TO THE BEVERLY ZONING ORDINANCE
CHAPTER 38 -28 REPLACING THE WATERFRONT DEVELOPMENT (WD) DISTRICT WITH THE
NEW BEVERLY HARBOR DISTRICT (BHD).
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
#288
The Committee on Legal Affairs / Committee of the Whole to whom was referred the
matter of
Resolution Beverly Bicycle and Pedestrian Priority Plan and beg leave to report as
follows, to
wit:
Submit the accompanying order and recommend its adoption
Ordered: that the City Council Adopt the Bicycle and Pedestrian Plan and Resolution
Order read once and adopted 9 -0 Vote
#301
The Committee on Public Services / Committee of the Whole to whom was referred the
matter of
reappointment Anthony Kline to serve on the Salem /Beverly Water Supply Board
Advisory
Committee have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the reappointment
Order read once and adopted 9 -0 Vote
#309
The Committee on Public Services / Committee of the Whole to whom was referred the
matter of
Petition National Grid for installation of approximately 1,335 feet underground
conduits SW of
centerline at intersection of hale and Thissell Streets have considered said matter
and beg to
report as follows, to wit:
Recommend the Council adopt the petition
Order read once and adopted 9 -0 Vote
Unfinished Business:
Motions and Orders:
#326
By Councilor Guanci:
Ordered: That the Rules and Orders of the City Council be amended as follows:
Appendix A - Comments by Citizens
#2 Delete twelve o'clock, meridian, two business days prior to the City Council
Meeting
Add 9:30 AM on the day of the Council Meeting in which the citizen desires
to speak
#3 Delete 2 lh minutes
Add 5 minutes
#5 Delete 2 lh minutes
Add 5 minutes
Order read once and adopted on Floor 9 -0 Vote
#327
By Councilor Houseman:
A Resolution Todd Balf, Neil Stanton and The Beverly Bike Committee
City Council
City of Beverly, Massachusetts
Todd Balf, Neil Stanton & the Beverly Bike Committee
Be it known that the City Council of the City of Beverly, Massachusetts, offers its
sincere
thanks to Todd Balf and Neil Stanton and the members of the Beverly Bike Committee
for
their passionate service to the City.
Whereas: Todd Balf and Neil Stanton co- founded the Beverly Bike Committee in
2012 as a grass roots organization working to help create a bicycle friendly
community through cycling awareness, education, safety, advocacy and the
promotion of bicycling for fun, fitness, and transportation;
Whereas: Todd Balf, Neil Stanton, and Bike Committee members have organized
notable annual events such as the upcoming 4th annual Mayor's Ride, a bike
drive for Bikes Not Bombs, and Bike Valet services at both the Gran Prix of
Beverly and the Beverly Farmers Market;
Whereas: Todd Balf, Neil Stanton, and the Bike Committee members have actively
engaged with city officials to spur adoption of a city policy that will make
bicycle riding more enjoyable for Beverly residents and visitors;
Whereas: Beverly is in the process of adopting a comprehensive policy for
pedestrian
and bicycle infrastructure known as Complete Streets, and Todd Balf and
Neil Stanton played an instrumental role in advocating for that policy;
Whereas: Beverly is becoming a hub for bicycling enthusiasts as the location of
four
bicycle shops, the host of the Gran Prix of Beverly, which draws nationally
ranked professional racers, and the work of the Beverly Bike Committee
contributes greatly to this reputation;
Whereas: The advocacy of Todd Balf and Neil Stanton for the safety and enjoyment
of the everyday bicyclist is always given with humility and a cheerful smile,
we honor today them as roles models for civic engagement in Beverly.
Therefore be it Resolved:
Todd Balf, Neil Stanton, and members of the Beverly Bike Committee, on
behalf of the
City of Beverly, the City Council thanks you for your service and extends its best
wishes to your
future success.
Meeting Adjourned: 7:50 PM Attest: Kathleen P. Connolly, CMC
City Clerk