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2015-04-167an.202015 Meeting From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Thursday, April 16, 2015 5:00 PM To: councilors @beverlyma.gov; minutes @beverlyma.gov; BETTERGOVI @aol.com Subject: 7an.20,2015, Meeting Regular Meeting Beverly City Council 7:00 PM Monday April 6, 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 Martin Acceptance of Minutes: Regular Meeting of March 16, 2015 Public speakers 1. Mr. Louis Bourgeois Public Hearings: 7:20 PM #282 -D Windover McKay, LLC Special Permit Refer to Legal Affairs 7:45 PM #314 joint Public Hearing re: Amendment to Zoning Ordinance(BHD) Beverly Harbor District Refer to Legal Affairs Presentations, Awards and Memorials: Presentation - Charlie Mann, Chair of open space & Recreation Committee (2015 Semi - Annual Report) Communications from His Honor the Mayor: #328 April 6, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I respectfully request that you approve an appropriation from the Recreational Enterprise Fund balance in the amount of $60,000 in support of the Lynch Park bathroom project. As you know, we are committed to replacing those bathroom facilities for the coming recreational season. These funds, along with the CPC appropriation approved earlier this year and a generous allotment from the Lynch Park Trustees will provide the necessary funding to complete this project. This appropriation request will warrant a public hearing; therefore could you please set a public hearing for your April 21, 2015 scheduled meeting. Please initiate action on this matter at your next City Council meeting, April 6, 2015. Page 1 Thank you. Sincerely yours, Michael P. Cahill Mayor Refer to Finance and Property #329 April 6, 2015 7an.202015 Meeting Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I respectfully request that you approve a cumulative interdepartmental transfer of $342,772 from the retirement reserve and the unforeseen reserve line items. This transfer is necessary to fund buyout costs associated with various retirements throughout the city, salary costs associated with fire dispatch services and expected shortfalls in the veteran benefits and solicitors' outside counsel budgets. Attached please find the account listings for the proposed transfer. Please initiate action on this matter at your next City Council meeting, April 6, 2015. This transfer request will require a public hearing be set prior to a Council vote. Thank you. Sincerely yours, Michael P Cahill Mayor Refer to Finance and Property #330 April 6, 2015 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to inform you that the City of Beverly, through our Department of Planning and Development, has received a FY 2015 Massachusetts Historical Commission survey and Planning Grant from the Massachusetts Historical Commission in the amount of $12,500. This is a 50/50 matching grant totaling $25,000 to be funded by MHC and CPA funds. The Beverly Community Preservation Committee has submitted a request to the City Council to appropriate $12,500 from the Community Preservation Fund Page 2 7an.202015 Meeting Historic Preservation Reserve to serve as the City's matching funds, correspondence for which you will receive at your April 6, 2015 meeting. with your approval, this grant will support the Beverly Historic Resources Study project. 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 April 6, 2015. Thank you. Sincerely yours, Michael P. Cahill Mayor Refer to Finance and Property #331 April 6, 2015 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation the following citizens to serve on the solid waste Management Committee: Mr. Charles Perlo, 34 Bisson Street Ms. Maureen Cronan, 3A Folger Avenue Ms. Connie Krueger, 10 Seward Avenue. Their terms are to be effective until March 31, 2018. Sincerely yours, Michael P. Cahill Mayor Refer to Public services #332 April 6, 2015 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 3 7an.202015 Meeting I hereby appoint, subject to your review and recommendation Mr. D. Wesley slate, 26 Lothrop Street to serve as the Beverly Democratic City Committee's representative on the Registrars of voters. His term is to be effective until March 31, 2018. Sincerely yours, Michael P. Cahill Mayor order read once and adopted: vote 9 - 0 Communications from other City officers and Boards: #333 Communication from Traffic /safety office DiRuzza re: Handicap Parking sign @ 4 Jordan St. Refer to the Committee on Legal Affairs #334 Communication from the Retirement Board re: Cost of living adjustment. Receive and Place on File #335 Communication from the Open Space & Recreation Committee (Semi - Annual Report) Receive and Place on File #336 Communication from the Community Preservation Committee re: special (out- of- Cycle) Application Refer to the committee on Finance & Property #337 (Late File) Communication from Council President Guanci re: Brimbal Ave. /Sohier Rd. connector road AD- Hoc Committee order read once and adopted: vote 9 - 0 Communications, Applications and Petitions: #338 Communication from American Diabetes Association re: Tour de Cure Receive and Place on File Page 4 7an.202015 Meeting #339 Application for a License to Peddle - Food Cart (Nicole 7. Birarelli) Receive and Place on File #340 Application - Amusement Device License - (Juke Box) Pickled onion) Refer to the Committee on Legal Affairs Reports from Committees: #323 The Committee on Finance and Property /Committee of the whole to whom was referred the matter of Request for the establishment of a Trust Fund for (OPEB) other Post Employment Benefits Liability have considered said matter and beg leave to report as follows, to wit: Recommend the Council adopt MA General Law Chapter 32B section 20 order read once and adopted 9 -0 vote #328 The Committee on Finance and Property /Committee of the whole to whom was referred the matter of request for approval of appropriation from the Recreational Enterprise Fund for $60,000.00 in support of the Lynch Park bathroom project 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 will hold a Public Hearing on Tuesday April 21, 2015 at 7:20 PM in City Council Chambers, third floor of City Hall, 191 Cabot Street, Beverly, MA relative to request for approval of appropriation from the Recreational Enterprise Fund for $60,000.00 in support of the Lynch Park bathroom project. order read once and adopted 9 -0 vote #329 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: Page 5 7an.202015 Meeting submit the accompanying order and recommend its adoption ordered: That the City Council of the City of Beverly will hold a Public Hearing on Tuesday April 21, 2015 at 7:30 PM in City Council Chambers, third floor of City Hall, 191 Cabot Street, Beverly, MA relative to request for approval of a cumulative interdepartmental transfer of $342 from the retirement reserve and the reserve for unforeseen line items to fund buyout costs associated with retirements citywide, salary costs relevant to fire dispatch and expected shortfalls in the veterans benefits and solicitors outside council budget. order read once and adopted 9 -0 vote #330 The Committee on Finance and Property /Committee of the whole to whom was referred the matter of request for approval of a FY -2015 MA Historical Commission survey and Planning Grant from the MA. Historical Commission for $12,500 according to MGL Chapter 44 section 53A 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 #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 approve the special Permit based on the entire record as submitted and proposed findings as approved on February 17, 2015. AND: on March 16, 2015, the City Council received the above - referenced request for the re- issuance of the City Council special Permit granted to windover McKay, LLC on February 17, 2015 (filed with the City Clerk on March 3, 2015) (the "February 17th Decision ") after having held a public hearing on 7anuary 20, 2015 and February 17, 2015. The special Permit was granted pursuant to section 38 -24.E. of the zoning ordinance and authorized the residential reuse of the McKay school. The purpose of the request for re- issuance was to address a potential procedural defect Page 6 7an.202015 Meeting in with respect to notifying abutters. No changes were made to the project from what was approved on February 17, 2015. The City Council held a public hearing on April 6, 2015. The following Councilors were present and voting: Paul Guanci, Jason Silva, Matthew St. Hilaire, David Lang, Estelle Rand, lames Latter, Scott Houseman, Donald Martin and john Frates. During its deliberation on April 6, 2015, the City Council considered statements and information submitted by the applicant and its representatives and the comments of the general public received during the public hearing. The Council also considered information provided by the City's Planning Director. The matter was referred to Legal Affairs subcommittee where further deliberation occurred. upon consideration of the factors enumerated in Beverly zoning ordinance 38- 24(E), the entire record, and the proposed findings dated February 17, 2015, Legal Affairs voted 3 -0 to recommend that the full Council grant to the applicant a special permit to authorize the reuse and expansion of the McKay school, reaffirming and incorporating by reference the findings of fact set forth in detail in the February 17, 2015 Decision. Thereafter, the City Council made and reaffirmed the following findings of fact, which also formed the basis for the February 17, 2015 Decision: 1. The proposed re -use of the former McKay school will be for 32 units of rental housing, with 12% of the units (4) being permanently restricted for affordable housing by way of permanent deed restriction. The project will provide for a productive reuse of an existing historic school building and will provide affordable housing opportunities in accordance with section 38 -24 and the City's Inclusionary Housing ordinance. 2. The new residential project will comply with all applicable dimensional and parking requirements, except for the pre- existing nonconforming height of the main building which will be unchanged, and the front yard parking along McKay Street, which is also a pre- existing nonconformity. 3. The Planning Board has reviewed the site Plan and voted unanimously to recommend approval of the site Plan subject to the comments submitted by the Fire Chief, City Engineer, Parking and Traffic Commission, Design Review Board and Public Health Director, all as set forth in the Planning Board's recommendation letter dated 7anuary 29, 2015. The Planning Board has also issued a decision dated February 3, 2015 approving the Applicant's affordable housing proposal, including the location and layout of the proposed 12% of rental units, and the accompanying Regulatory Agreement and Affordable Housing Marketing Plan for those units. 4. on February 3, 2015, the Conservation Commission voted unanimously to approve the proposed project after two public hearings and a site walk. Page 7 7an.202015 Meeting 5. on February 4, 2015, the zoning Board of Appeals voted unanimously to grant a special permit and finding, authorizing the proposed project as an allowed alteration and expansion of an existing nonconforming structure which does not increase an existing, or create any new, nonconformities. 6. The Evaluation Committee for the City's Request for Proposals for this site reviewed and ranked the project during the bid process, and concluded that the proposed density of 32 units should be ranked as "Advantageous" to the neighborhood. The project was ranked as "Highly Advantageous" for all of the other comparative criteria in the City's Request for Proposals for this site. 7. The proposed project complies with the conditions for the issuance of a special permit contained in section 38- 280.2, as follows: a. That the specific site is an appropriate location for the proposed use, and that the character of adjoining uses will not be adversely affected. The school building has been unused and the site vacant for more than 5 years and its reuse will be an improvement in the neighborhood. with an area of more than 2 acres, the site can easily support the proposed unit count, together with the required parking, while still offering significant open space to residents. The site is conveniently located to the Cummings Center and to recreational amenities including the Beverly Golf and Tennis Club. The site plan design and the scale of the proposed addition are both sensitive to the neighborhood and care has been taken to minimize impacts to neighbors by screening parking and reducing the number of entrances to the site. In addition, the project includes an extensive landscape design with mature trees and plantings which will further integrate the site into the neighborhood and streetscape along McKay and Balch streets. The project increases usable access along the shoe Pond walkway thereby providing improved public benefits. b. That no factual evidence is found that property values in the district will be adversely affected by such use. No factual evidence was offered or found that property values will be adversely affected. The proposed use will be in keeping with the current neighborhood, which is a mix of single - family residential homes and institutional uses such as the nearby McKeown school building, the Cummings Center and the Beverly Golf and Tennis Club. The improvement and beautification of this site will improve property values. C. That no undue traffic and no nuisance or unreasonable hazard will result. According to the Trip Generation manual, the project is expected to generate 212 vehicle trips per day, compared to the estimated 347 vehicle trips per day estimated Page 8 7an.202015 Meeting for the building when it was used as an elementary school. The Parking and Traffic Commission reviewed the site plan and determined that the projected vehicle trips generated by the project will be relatively minimal during the AM and PM peak traffic period. In addition, as noted by the Commission, the project will improve existing conditions by reducing the driveway curb cuts to two. The project will not create any nuisance or hazard. d. That adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use. All applicable fire and safety codes will be observed in the construction of the project, and there will be ample access for public safety and emergency vehicles. The site is presently served by municipal water and sewer, natural gas, cable, electricity and telephone service. The site does not currently contain stormwater management facilities, whereas the project will include stormwater Best Management Practice to mitigate potential impacts to stormwater quality prior to discharge off site, including collection and treatment measures which will improve existing site drainage upper shoe Pond and McKay street, all of which has been reviewed and approved by the Conservation Commission. secure trash removal and recycling facilities will be provided for residents. e. That there are no valid objections from abutting property owners based on demonstrable fact. Any objections or concerns were raised by abutters during the public hearing were adequately addressed by the Applicant. f. That adequate and appropriate City services are or will be available for the proposed use. The project and its proposed use of City services has been reviewed favorably by various City departments including Engineering, City, Fire, Health and Public services. 8. Based upon the foregoing, the proposed reuse of the former McKay school for 32 apartments, as set forth on the proposed Site Plan, is an appropriate development for the site and otherwise complies with the requirements of section 38 -24 of the zoning ordinance. Based on the entire record as submitted and the proposed findings as approved on February 17, 2015, the City Council then voted (9 - 0) to GRANT the request of windover McKay LLC to issue a special Permit under section 38 -24.E of the Beverly zoning ordinance to authorize the reuse and expansion of the former McKay school, situated at 131 McKay street (Tax Map 41, Lot 76), for 32 apartments and associated amenities, subject to the following conditions: i. Twelve percent (12 %) of such apartments shall be reserved and Page 9 7an.202015 Meeting permanently restricted as affordable housing units in accordance with the provisions of said section 38 -24 and section 29- 34.1.3 of the zoning ordinance; ii. The project shall be constructed in accordance with the site Development Plan set prepared by Meridian Associates, Inc., dated December 15, 2014, as revised through 7anuary 26, 2015 (9 sheets); the Architectural Plan set prepared by Siemasko & verbridge, Inc. dated November 20, 2014 and December 18, 2014 (7 sheets); and the storm water Management Report prepared by Meridian Associates, Inc. dated December 15, 2014 and revised through 7anuary 26, 2015. ii. The special Permit shall be subject to the Applicant's compliance with the terms and conditions contained in the following decisions and comment letters, all of which are incorporated into this decision by reference: 1. Planning Board Recommendation dated 7anuary 29, 2015; 2. Letter dated 7anuary 13, 2015 from Fire chief Paul cotter; 3. Letter dated 7anuary 20, 2015 and e -mail dated February 2, 2015 from city Engineer Gregory St. Louis; 4. Letter dated 7anuary 20, 2015 from Richard Benevento, chair of the Parking and Traffic commission; 5. Letter dated 7anuary 12, 2015 from Allison crosbie on behalf of the Design Review Board; 6. Letter dated 7anuary 12, 2015 from Public Health Director William Burke. A copy of the February 17th Decision is attached hereto and incorporated herein by reference. Appeals from the city council's decision on the special permit may be filed in accordance with the provisions of M.G.L. chapter 40A, section 17, within twenty (20) days of the filing of this decision with the city clerk. order read once and adopted 9 -0 vote #315 The committee on Legal Affairs /committee of the whole to whom was referred the matter of Request for authorization to allow the Mayor to grant a permanent conservation restriction to Essex county Greenbelt for city owned property adjacent to Norwood Pond have considered said matter and beg leave to report as follows, to wit: submit the accompanying order and recommend its adoption Page 10 7an.202015 Meeting ordered: That the City Council approve the request of the Mayor that the City of Beverly grant to Essex County Greenbelt Association, Inc., a Massachusetts nonprofit corporation having its principal office at 82 Eastern Ave., Essex, Essex County, Massachusetts, 01929, for nominal consideration, a Conservation Restriction on 133.5 +/- acres as shown on the plans of land recorded at the southern Essex District Registry of Deeds Plan Book 117 Plan 72, Plan Book 123 Plan 70, and Plan Book 166 Plan 97, an area commonly referred to as "Norwood Pond." The terms and conditions of said Conservation Restriction shall be as set forth in the restriction attached hereto, except that minor modifications unrelated to substance Tay be made if necessary. order read once and adopted 9 -0 vote #319 The Committee on Legal Affairs /Committee of the whole to whom was referred the matter of Appointment - Richard Grandoni to the Conservation Commission 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 #320 The Committee on Legal Affairs /Committee of the whole to whom was referred the matter of Appointment - George Binns to the Parking & Traffic Commission 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 #324 The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Petroleum storage Registration Renewals for FY -2015 have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the renewals order read once and adopted 9 -0 vote #325 Page 11 7an.202015 Meeting The committee on Legal Affairs / committee of the whole to whom was referred the matter of Request from Marshall Handly for special Employee Designation re: Trustee of the Public Library have considered said matter and beg leave to report as follows, to wit: Receive and Place on File order read once and adopted 9 -0 vote Mill" The committee on Public services / committee of the whole to whom was referred the matter of Petition - verizon for 24 ft of underground conduit on Brimbal Ave have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the Petition order read once and adopted 9 -0 vote #310 The committee on Public services / committee of the whole to whom was referred the matter of Petition - National Grid /verizon for joint pole locations at Brimbal Ave. & vittori Rd. have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the Petition order read once and adopted 9 -0 vote #321 The committee on Public services / committee of the whole to whom was referred the matter of Appointment - Tustin Repp to the Parks & Recreation Department have considered said matter and beg to report as follows, to wit: Recommend the council approve the appointment order read once and adopted 9 -0 vote unfinished Business: Motions and orders: #341 order: councilors Guanci, St. Hilaire & Martin - Amending the IR zoning District ( Brimbal Ave.) Receive and Place on File Page 12 Meeting Adjourned: 10:50 PM Connolly, CMC 7an.202015 Meeting Attest: Kathleen P. City Clerk Page 13