Loading...
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