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Minutes - Tuesday 19 April 2016 (2)Regular Meeting - Beverly City Council, Beverly, MA MINUTES — Tuesday, April 19, 2016 @ 7:00 PM Beverly City Hall, 3 Floor, Council Chamber Called to Order @ 7:03 PM Roll Call: John P. Frates Jr. (arrived @ 7:20 PM), Scott D. Houseman -Vice President, David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci- President. Pledge of Allegiance to the Flag: Councilor Martin Resolutions: None Public Speakers: The Council President entertained a Motion to Suspend the Rules to allow a Public Speaker not on the FINAL Agenda — Vote: 8 -0 1. Frederic L. Hopps, 15 Walcott Rd re: Clean Energy Advisory Committee Acceptance of Minutes of Previous Meeting: 1. Wednesday, March 30, 2016 Joint Meeting with School Committee 2. Monday, April 4, 2016 Regular Meeting 3. Monday, April 11, 2016 Special Meeting — Vote to Accept all 3: 8 -0 Public Hearings: None Presentations, Awards and Memorials: None Communications from His Honor the Mayor: #091 April 19, 2016 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached is a letter from Purchasing Agent David Gelineau requesting authorization to enter into a three -year contract extension to our current contract with JRM for the services of solid waste and recyclable materials collection and transportation, recyclable processing and operation of the compost facility, and a new five -year contract for disposal of all solid waste collected in the City of Beverly. Sincerely yours, Michael P. Cahill Mayor Attachment Referred to Finance & Pro #092 April 19, 2016 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I respectfully request that you approve a series of budgetary transfers to support anticipated budgetary shortfalls in some areas of the operating budget and to allocate funds to two capital projects. The attached chart outlines interdepartmental transfers totaling $345,657 to support anticipated shortfalls in police overtime, workmen's compensation and retirement costs. In addition, I am requesting a draw of the City's free cash balance of $875,000 to fund the construction of an additional parking area at the Centerville Elementary School and design work for Bridge Street reconstruction and four key intersections within the City. It is our expectation that this design work will allow the city to pursue state funding for the projects in question ultimately addressing some key areas of Beverly's infrastructure. Please initiate action on this matter at your next City Council meeting, March 17th, 2014 (corrected — April 19, 2016). This transfer request will require a public hearing be set prior to a Council vote. Thank you. Sincerely yours, Michael P Cahill Mayor Referred to Finance & Property to set a Public Heari 79 #093 April 19, 2016 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to inform you that the City of Beverly, through our Council on Aging, has received a Helping Hand Mini Grant from MassDOT and MArtap in the amount of $480.60. With your approval, this grant will be used to purchase a two year supply of "Detailed Driver Vehicle Inspection Reports" which are used on a daily basis by the transportation team to simplify inspections. 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 19, 2016. Thank you. Sincerely yours, Michael P. Cahill Mayor Council President entertained Motion to Approve on the Floor —Vote 8 -0 #094 April 19, 2016 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Timothy J. Rubchinuk, 4 Shortell Avenue, Beverly to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Rubchinuk's application, which has been approved by Police Chief John LeLacheur. Mr. Rubchinuk's term will be effective from June 30, 2016 to June 30, 2019. Sincerely yours, Michael P. Cahill Mayor MPC /mal Attachment Referred to Legal Affairs M Communications from other City Officers & Boards: #0558 Planning Board Recommendation re: #055 and #055A Referred to Legal Affairs #067A Parking & Traffic Commission Recommendation re: Order #067 Referred to Legal Affairs Parking & Traffic Commission Recommendation re: Order #068 Referred to Legal Affairs Communications, Applications & Petitions: #095 Communication from the International Institute of Municipal Clerks ( "IIMC ") re: 47th Annual Municipal Clerks Week, 1 -7 May 2016 Receive and Place on File — Vote: 8 -0. #096 Communication from MASS - Development re: Sterling Machine Company, Inc. Receive and Place on File — Vote: 8 -0. #097 Communication from MASS -DEP re: Cummings Center, 181 Elliott Street Receive and Place on File — Vote: 8 -0. alm Application — License to Peddle — Cut Flowers — Joan Bediz, 34 Rocky Hill Road, Essex Referred to Legal Affairs : Communication from MASS State Lottery Commission re: Keno @ TD Family Market, 409 Cabot Street Receive and Place on File — Vote: 8 -0. Unfinished Business: #081 Communication — Mayor re: Amended Ordinance — Consignment Shop Sunday Openings (2 Reading) The Committee on Legal Affairs, to whom was referred the matter of Amended Ordinance — Consignment Shop Sunday Openings (2n Reading), have considered said matter and beg leave to report as follows: Submit the accompanying amended Ordinance and recommend its adoption pending Publication and Final Passage: An Ordinance Amending an Ordinance relative to: Section 192 -21 "Hours of Operation" By DELETING the phrase, "9:00 p.m. to sunrise of the following morning" and By REPLACING it with the phrase "10:00 p.m. to 6:00 a.m. of the following morning" and By DELETING the sentence: "No trading shall be done on Sundays." The Section, as Amended, will read: Hours of operation The shops referred to in this article shall be closed from 10:00 p.m. to 6:00 a.m. of the following morning, and no keeper of such shop shall purchase or sell any of the items mentioned in this article during such hours. Copies of the completed Ordinance are on file in the City Clerk's Office, and are available for public review. Ordinance to take effect upon Final Passage - Advertise and hold for Final Passage First Reading: April 11, 2016 Second Reading: April 19, 2016 Held for Publication and Final Passage Final Passage: May 2, 2016 Order read once and adopted. Vote: 8 -0. Wl Final Passage: #014 - Proposed Amendments to the Zoning Ordinance (New Land Use Categories) An Ordinance Amending an Ordinance relative to: Chapter 300 "Zoning ": PROPOSED ZONING AMENDMENT DECEMBER 30, 2015 REVISED March 17, 2016 Amend Beverly Land Use Schedule to introduce new land use categories to show which zoning districts the proposed uses are allowed by -right or by special permit according to the proposed text. 2. Amend Section 38 -2 [now Article II] (Definitions) by introducing the following and by updating the number system accordingly: Artist Live /Work - The use of all, or a portion of, a building for an art use, or creative work, and habitation by artists whereas units include both working space and residential dwelling space. Artist Live /Work unit is distinguished from a home occupation, otherwise defined by this ordinance, in that the work use is not required to be incidental to the dwelling unit; more than one non - resident employee may be present on the premises; and customers may be served on site. The work use may include the sale, display, commission, consignment, or trade by artists or artisans; or classes held for art instruction. Art Use - The production of art or creative work within the fields of fine and applied arts including but not limited to painting, drawing, sculpture, graphic arts, photography, printmaking mixed media, writing, publishing, poetry, photography, theater, film or video production, architecture, interior design, recording studio, culinary arts; and performing arts including but not limited to musicians, music composition, acting, or dancing. Brewery, Distillery, Winery - Establishment primarily engaged in the on -site manufacture, blending, fermentation, processing, and packaging of alcoholic beverages, for wholesale or retail distribution, as allowed by state law. While manufacturing is the primary use, the establishment may include accessory uses such as: tasting room for on -site consumption (or "taproom "), retail sales of the product produced on -site and related goods, and /or tours of the production facility. Provided the following: • A tasting room or retail component shall front the street at sidewalk level or have a well- marked and visible entrance at sidewalk level, and be open to the public. • All production, processing, distribution, and storage activities are to be conducted within an enclosed building. Production waste shall be disposed of off -site. • Adequate parking and loading is provided onsite in accordance with the provisions of Section 38 -25 [now Article XX]. Maker Space - Uses that process, fabricate, assemble, treat, or package finished parts or products without the production or use in large quantities of hazardous or explosive materials. Due to the nature of operations and products, little or no noise, offensive odors, undue vibration or glare, and/ or environmental pollution is produced, and, therefore, there is minimal impact on surrounding properties. Operations may include the storage of materials and the loading and unloading of new materials and finished products. Activities common to this use include, but are not limited to, food and beverage production, electronics and other electrical equipment assembly, furniture and other woodworking, printing and RK publishing operations, computer hardware manufacturing, and the fabrication of metal products except machinery and transportation equipment. Tasting Room - An accessory use located within a brewery/distillery /winery establishment that allows patrons to taste samples of alcoholic beverages that are produced on -site, provided that any such facility that serves samples of alcoholic beverages has a Commonwealth of Massachusetts issued Farmer Series Pouring Permit, per MGL c. 138 § §19B(n) Farmer - Brewer, 19C(n) Farmer - Winery, or 19E(o) Farmer - Distillery. • A tasting room may also include related retail sales and host marketing events, special events, and /or factory tours. • A tasting room or accessory retail shall front the street at sidewalk level or have a well- marked and visible entrance at sidewalk level, and be open to the public. • A tasting room or accessory retail may not be greater than 33 percent of the establishment's gross square footage, or 2,000 square feet, whichever is less. • An outdoor patio may be included in the total area of a tasting room, so long as it does not occur in the parking area and appropriate screening is provided, if necessary. 3. Amend the following sections by adding "Artist Live /Work subject to provisions of Section 38 -35" [now Article XVI] in the following sections: • Section 38 -13 [now Article VII]: (RMD — Multifamily District), Section C (Uses by Special Permit) allowed as granted by the Planning Board; • Section 38 -14 [now Article VII]: (RHD — Multifamily District), Section C (Uses by Special Permit) allowed as granted by the Planning Board; • Section 38 -16 [now Article VII]: (CN — Neighborhood Commercial District), Section C (Uses by Special Permit) allowed as granted by the Planning Board. • Section 38 -17 [now Article VII]: (CC — Central Business District), Section B (Uses by Right) • Section 38 -20 [now Article VII]: (IG — General Industrial District), Section C (Uses by Special Permit) allowed as granted by the Planning Board. • Section 38 -22 [now Article VII]: (BHD — Beverly Harbor District), Section C (Uses by Special Permit) allowed as granted by the Planning Board. • Section 38 -23 [now Article VII]: (WDR — Waterfront Development Residential District), Section C (Uses by Special Permit) allowed as granted by the Planning Board. 4. Amend the following sections by adding "Brewery, Distillery, Winery' in the following sections: • Section 38 -16 [now Article VII]: (CN — Neighborhood Commercial District), Section C (Uses by Special Permit). • Section 38 -17 [now Article VII]: (CC — Central Business District), Section B (Uses by Right) • Section 38 -18 [now Article VII]: (CG — General Commercial District), Section C (Uses by Special Permit). • Section 38 -19 [now Article VII]: (IR — Restricted Industrial, Research & Office District), Section B, (Uses by Right). • Section 38 -20 [now Article VII]: (IR — General Industrial District), Section B, (Uses by Right). • Section 38 -22 [now Article VII]: (BHD — Beverly Harbor District), Section C (Uses by Special Permit). ., • Section 38 -23: (WDR — Waterfront Development Residential District), Section C (Uses by Special Permit). 5. Amend the following sections by adding "Maker Space" in the following sections: • Section 38 -17: (CC — Central Business District), Section C (Uses by Special Permit) allowed as granted by the Planning Board • Section 38 -18: (CG — General Commercial District), Section C (Uses by Special Permit) allowed as granted by the Board of Appeals. • Section 38 -19: (IR — Restricted Industrial, Research & Office District), Section B, (Uses by Right). • Section 38 -20: (IR— General Industrial District), Section B, (Uses by Right). 6. Amend Section 38 -25 (Parking and Loading Requirements), Section A (Off- street parking requirements) by introducing the following parking standards in the schedule of parking requirements: • Brewery, Distillery, Winery: 2 spaces per 1,000 sf gross floor area for area dedicated to manufacturing and process related activities; 1 space per 275 sf gross floor area for Tasting Room, as defined herein • Maker Space: 2 spaces per 1,000 sf gross floor area 7. Amend Section 38 -29.0 (Site Plan Review Requirements) to introduce the following requirement and update the number system within the section accordingly: 2. Projects consisting of a Brewery, Distillery, Winery as defined in Section 38 -2 (Definitions) of the Zoning Ordinance containing 10,000 square feet of gross floor area or greater must seek site plan approval from the Planning Board that are proposed within an existing building. Site Plan Review applies for new construction or expansion as established above. 8. Introduce a new Section 38 — 35 (Artist Live /Work Requirements) to include the following language in its entirety: 38 — 35 Artist Live /Work Requirements A General Description and Purpose Requirements of this section seek to support and grow the production of the arts in appropriate zoning districts by allowing the live /work arrangements for the production of art uses as defined in Section 38 -2 that is consistent with the character of the surrounding neighborhood. This section is established to facilitate the following objectives: 1. Provide for the appropriate development of units that incorporate both living and working space; 2. Provide an affordable living and working environment for artists and other small creative businesses; 3. Provide flexibility for the development of live /work units, particularly within existing buildings; 4. Provide locations where appropriate new art use or creative enterprise can start up; 5. Provide opportunities for people to live in mixed -use industrial and commercial areas where compatible with existing uses; 6. Protect existing and potential industrial uses and nearby residential uses from conflicts with each other; 7. Ensure that the exterior design of live /work buildings is compatible with the exterior design of commercial, industrial, and residential buildings in the area, while remaining consistent with the predominant workspace character of live /work buildings. B Applicability Artist Live /Work, as defined in Section 38 -2 [now Article II], is permitted by right in the CC District and by Special Permit, granted by the Planning Board, in the IG, BHD, WDR, RHD, and RMD Districts. The underlying regulations and standards pertaining to the above -named districts apply, unless they conflict with the standards herein, which shall take precedence. C Development Standards 1. In residential and commercial zones, all living space shall be contiguous with and made an integral part of the working space; however, direct access between living and working areas shall not be required. 2. The residential dwelling area and working space that comprise an Artist Live /Work unit shall not be separately rented or sold. 3. The layout and design of an Artist Live /Work project shall be compatible in character and scale with surrounding areas, as determined by the Special Permit Granting Authority (SPGA). 4. Artist Live /Work units shall be designed and constructed with the particular needs of artists in mind (e.g. appropriate ventilation, noise dampening capability, sound - proofing, etc.) and less attention can be paid to providing high -end interior finishes, in keeping with the intent that these be functional work spaces. 5. Where permitted, Artist Live /Work units located at street level are subject to the development standards for ground -floor retail or commercial establishments as follows: b. A minimum of 80 percent of a structure's street front facade at street level shall be occupied by nonresidential uses, including the studio, work space, and /or gallery. c. In districts where Artist Live /Work units are permitted at street level, owner or employee parking for live -work units is prohibited in front of the building. d. Artist Live /Work in the CC District shall be subject to the Downtown Design Guidelines. e. The above standards related to ground floor work space are not required of live /work units in single - purpose residential districts or on streets where the predominant ground floor use is residential. 6. In pre- existing single - family structures, studio work space and /or retail may be permitted within an accessory building that meets the dimensional requirements of the Zoning Ordinance, at the discretion of the SPGA. However, work is not permitted to occur outside of a structure in non - commercial areas, unless approved by the SPGA. :. 7. Retail sales of art produced on -site, lessons provided in the resident's form of art (e.g. dance, music), or other activities requiring customer visitation should occur at reasonable hours, so as not to impede the quality of life of adjacent residential users. Operating hours can be set by the SPGA, except in the CC District where the use is permitted by right. 8. Storage of materials or supplies outdoors, for purposes other than those permitted in the allowable zone in which the use is located, shall be prohibited. 9. Artist Live /Work projects are subject to the Section 38 -34, Inclusion of Affordable Housing. 10. Priority in all Artist Live /Work units created by Special Permit under this Ordinance shall be given to working artists. 11. Deed restrictions are required for Artist Live /Work units that are declared as part of the building permit process, or in administrative review, or both for by right projects in the CC District. 12. Applicant /owner must show procedures to demonstrate that artist live /work units are marketed to and occupied by artists, subject to review by the Planning Department. D Performance Standards The following performance standards shall apply to all Artist Live /Work projects: 1. Noise and Vibration. Every artist's live /work unit shall be designed and operated in such a manner that it does not produce excessive noise or vibration beyond the working space. 2. Odor. Every artist's live /work unit shall be designed and operated in such a manner that it does not emit a noxious odor or fumes beyond the working space or provide proper ventilation so as not to negatively impact adjacent units. 3. Smoke. Every artist's live /work shall be designed and operated in such a manner that it does not emit smoke beyond the working space. 4. Dust and Dirt. Every artist's working and living unit shall be designed and operated in such a manner that does not emit any dust or dirt beyond the working space. E Parking Requirements 1. Parking standards will remain the same as for residential uses in the RHD, RMD, BHD, WDR and CC zoning Districts as established in Section 38 -25 (Parking and Loading Requirements). No additional parking is required for the work space as this is intended to be occupied by the same user. 2. Where residential use is not permitted in the District, such as the IG District, then the following parking standards apply: a. For Artist Live /Work units of less than 1,500 square feet, one parking space is required for each unit. b. For Artist Live /Work units greater than 1,500 square feet, required parking will be based on the applicable parking standard for the nonresidential use or the closest similar use as determined by the Zoning Administrator. Sign Standards Sign requirements of the Zoning District shall be consistent with Section 38 -26 (Signs) [now Article XI]. The Special Permit Granting Authority may modify such standards for Artist Live /Work as appropriate and pursuant to a recommendation by the Design Review Board. G Special Permit Criteria When approving a special permit under this section the Special Permit Granting Authority shall make findings, in addition to any specific requirements or criteria set forth in Section 38 -28.0 [now Article XIII] of this Ordinance, that the project proposal meets the following additional criteria: 1. That the proposed project is consistent with the Purpose Statement described above and designed to accommodate and be attractive to artists and other users as defined as Art Use in Section 38 -2 [now Article II]. 2. That the proposed project is consistent with the Development Standards in Section 38 -35.0 [now Article XVI] and Performance Standards in Section 38 -35.D [now Article XVI]. 3. The impacts of noise, vibration, odor, smoke, and dust, or other impacts, of the proposed uses to ensure the safety and health of residents, visitors, and neighbors. If necessary techniques may be required to prevent the transmission of noise, vibration, odor, smoke, and /or dust. First Reading: January 4, 2016 Second Reading: January 25, 2016 Public Hearing: February 16, 2016 Publication: April 8, 2016 Final Passage: April 19, 2016 Order read once and adopted. Vote: 8 -0. Reports of Committees: #055 The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Martin (also signed by Council President Guanci, Council Vice President Houseman, Councilors Silva, St. Hilaire, Lang, Rand and Frates) re: Zoning Amendment, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Order Order read once and adopted. Vote: 9 -0. .. #0556 The Committee on Legal Affairs, to whom was referred the matter of Planning Board Recommendation re: Order 055, have considered said matter and beg leave to report as follows: Receive and Place on File Order read once and adopted. Vote: 9 -0. #067 The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic Safety Sergeant re: Stop Sign @ Overlook & Echo Avenues, have considered said matter and beg leave to report as follows: Submit the accompanying amended Ordinance and recommend its adoption pending Publication and Final Passage: ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year Two Thousand and Sixteen, An Ordinance Amending an Ordinance relative to: Chapter 270 "Vehicles and Traffic ", Amending Section 270 -25 "Stop Intersections" as follows: ADD: (B) Overlook Avenue at its intersection with Echo Avenue Copies of the completed Ordinance are on file in the City Clerk's Office, and are available for public review. Ordinance to take effect upon Publication and Final Passage First Reading: April 19, 2016 Second Reading: May 2, 2016 Advertise and hold for Final Passage Final Passage: May 2, 2016 Order read once and adopted. Vote: 9 -0. f all 'l The Committee on Legal Affairs, to whom was referred the matter of Communication — Parking & Traffic Commission re: #067, have considered said matter and beg leave to report as follows: Receive and Place on File. Order read once and adopted. Vote: 9 -0. #068 The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic Safety Sergeant re: Stop Sign @ Reservoir & Sohier Roads, have considered said matter and beg leave to report as follows: Submit the accompanying amended Ordinance and recommend its adoption pending Publication and Final Passage: ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year Two Thousand and Sixteen, .. An Ordinance Amending an Ordinance relative to: Chapter 270 "Vehicles and Traffic ", Amending Section 270 -25 "Stop Intersections" as follows: ADD: (B) Reservoir Road at its intersection with Sohier Road Copies of the completed Ordinance are on file in the City Clerk's Office, and are available for public review. Ordinance to take effect upon Publication and Final Passage First Reading: April 19, 2016 Second Reading: May 2, 2016 Advertise and hold for Final Passage Final Passage: May 2, 2016 Order read once and adopted. Vote: 9 -0. #068A The Committee on Legal Affairs, to whom was referred the matter of Communication — Parking & Traffic Commission re: #068, have considered said matter and beg leave to report as follows: Receive and Place on File. Order read once and adopted. Vote: 9 -0. #098 The Committee on Legal Affairs, to whom was referred the matter of Application — License to Peddle — Cut Flowers — Joan Bediz, 34 Rocky Hill RD / Essex, have considered said matter and beg leave to report as follows: Recommend the License be Granted Order read once and adopted. Vote: 9 -0. #082 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: Formalization of City's Investment Policy as amended in Committee, have considered said matter and beg leave to report as follows: Recommend the Council approve the Policy. Order read once and adopted. Vote: 9 -0. #091 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: Purchasing Agent re: JRM 3 -Year Contract Extension, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted. Vote: 8 -1 (Rand opposed). .E #092 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: Budgetary Transfers for Shortfalls & 2 Capital Projects, have considered said matter and beg leave to report as follows: Submit the accompanying Order and recommend its adoption: Ordered that the City Council of the City of Beverly hold a Public Hearing on Monday, May 2, 2016 at 7:30 p.m. in the City Hall, 191 Cabot Street — 3r Floor Council Chamber, Beverly, MA, relative to interdepartmental transfers totaling $345,657 to support anticipated shortfalls in police overtime, workmen's compensation and retirement costs, and a draw of the City's free cash balance of $875,000 to fund the construction of an additional parking area at the Centerville Elementary School and design work for Bridge Street reconstruction and four key intersections within the City. Order read once and adopted. Vote: 9 -0. Motions and Orders: None Meeting Adjourned: 8:29 PM Attest: D. Wesley Slate, Jr. City Clerk 91