Minutes - Monday 6 March 2017Regular Meeting - Beverly City Council, Beverly, MA
MINUTES — Monday, 6 March 2017 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber
Called to Order @ 7:05 PM
Roll Call: John P. Frates Jr., Scott D. Houseman -Vice President, David J. Lang,
James F. Latter (absent), Donald G. Martin, Estelle M. Rand, Matthew J. St.
Hilaire, Jason C. Silva, Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor St. Hilaire
Council President asked for a Moment of Silence for resident, citizen activist,
environmental steward and frequent public meeting participant Renee' Mary who
died tragically in a fire in her home last week.
Resolution:
1. #341 — Patricia B. Cirone, Director, Beverly Public Library (retirement)
Vote to Approve: 8 -0
Presentations, Awards & Memorials:
1. Casey Soward, Executive Director, The Cabot
2. Gerald Perry, City Council Budget / Management Analyst
Public Hearings:
1. 7:30 PM - #329 - $1 M Loan Order — Turf Field @ Beverly Middle
School, 502 Cabot Street — Public Hearing held and closed, referred
back to Finance & Property
Acceptance of Minutes of Previous Meeting:
1. Tuesday, 21 February 2017 Regular Meeting
Vote to Accept: 8 -0
Communications from His Honor the Mayor:
#334
March 6, 2017
The Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: Amendment to an Ordinance Entitled Chapter 136- Child Safety Zones
Dear Honorable Council:
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Enclosed please find a proposed amendment to our Child Safety Zones ordinance. The
Child Safety Zones Ordinance serves the important purpose of making sure potentially
dangerous offenders are kept away from parks, playgrounds, schools, and other locations
where children are often found. In order to further that goal, this amendment updates the
definition of Child Sex Offender by closing some loopholes in the definition and by
adding references to State statutes that have been passed since the city ordinance was
passed in 2011.
I want to thank Detective Darlene Prinz, Chief John LeLacheur, and the Beverly Police
Department for their hard work on this amendment which will continue to protect the
children of Beverly.
Please contact Assistant City Solicitor Eitan Goldberg or me if you have any additional
questions about this proposed ordinance change. Attached to this letter you will find a
draft of the proposed amended ordinance showing the updates made.
Sincerely yours,
Michael P. Cahill
Mayor
Chapter 136. Child Safety Zones
136 -1. Definitions.
For the purpose of this chapter, the following terms, phrases, words and derivations shall
have the meanings given herein. When not inconsistent with the context, words in the
plural number include the singular and words in the singular number include the plural.
The word "shall" is always mandatory and not merely directory.
CHILD SAFETY ZONE
A park, playground, recreation center, library, school, day -care center, private
youth center, video arcade, bathing beach, swimming pool or wading pool,
gymnasium, sports field, or sports facility, including the parking area and land
adjacent to any of the aforementioned facilities, camp bus stops when children
under the age of 18 are present, and school bus stops during scheduled school
transportation hours on school days, which is:
0
Under the jurisdiction of any department, agency, or authority of the City of
Beverly, including but not limited to the School Department of the City of
Beverly; or
Leased or licensed by the City of Beverly to another person for the purpose
of operating a park, playground, recreation center, bathing beach, swimming
pool or wading pool, gymnasium, sports field, or sports facility.
CHILD SEX OFFENDER
1. Any person required to register as a sex offender pursuant to MGL c. 6,
§§ 178C to 178P, inclusive, and given a Level 2 or Level 3 designation by the
Sex Offender Registry Board and whose victim was (or was believed by the
offender to be) a child under the age of 46- 18. For the purposes Chapter 136, h
term victim includes a child under the age of 18 who image or likeness is used in
any crime listed in ap ragraph 2 of the definition of Child Sex Offender.
2. A nderson or-who has not yet been classified and who resides, has secondary
addresses, works or attends an institution of higher learning in the
commonwealth and who has been convicted of or who has been adjudicated
as a youthful offender or as a delinquent juvenile, or a person released from
incarceration or parole or probation supervision or custody with the
244
Department of Youth Services for such a conviction or adjudication of the
following offenses: indecent assault and battery on a child under 14 under
MGL c. 265, § 1311; rape of a child under 16 with force under MGL c. 265,
§ 22A; rape and abuse of a child under MGL c. 265, § 23; assault of a child
with intent to commit rape under MGL c. 265, § 2411; kidnapping of a child
under the age of 16 under MGL c. 265, § 26; enticing a child under the age of
16 for the purposes of committing a crime under MGL c. 265, § 26C;
indecent assault and battery on a mentally retarded person under MGL c.
265, § 13F; assault with intent to commit rape under MGL c. 265, § 24;
inducing a minor into prostitution under MGL c. 272, § 4A; living off or
sharing earnings of a minor prostitute under MGL c. 272, § 411;
disseminating to a minor matter harmful to a minor under MGL c. 272, § 28;
posing or exhibiting a child in a state of nudity under MGL c. 272, § 29A;
dissemination of visual material of a child in a state of nudity or sexual
conduct under MGL c. 272, § 2911; unnatural and lascivious acts with a child
under 16 under MGL c. 272, § 35A; drugging persons for sexual intercourse
under MGL c. 272, § 3; aggravated rape under MGL c. 277, § 39; knowing
purchase or possession of visual material of child depicted in sexual conduct
under MGL c. 272, § 29C; indecent assault and battery on a child under the
age of 14 during commission of certain offenses or by mandated reporters
under MGL c. 265, § 13B V2; indecent assault and battery on a child under
the age of 14 by certain previously convicted offenders under MGL c. 265,
§ 13B %; indecent assault and battery on person fourteen or older (where the
victim was between fourteen and eighteen years of age) under MGL c. 265,
§ 1311; rape of a child during commission of certain offenses or by use of
force under MGL c. 265, § 2211; rape of a child through use of force by
certain previously convicted offenders under MGL c. 265, § 22C; rape and
abuse of child aggravated by age difference between defendant and victim or
by when committed by mandated reporters under MGL c. 265, § 23A; rape
and abuse of child by certain previously convicted offenders under MGL c.
265, § 2311; enticement of child under age 18 to engage in prostitution, human
trafficking or commercial sexual activity under MGL c. 265, § 26D;
trafficking of persons for sexual servitude; trafficking of persons under 18
years for sexual servitude under MGL c. 265, § 50; -and any attempt to
commit a violation of any of the aforementioned sections pursuant to MGL c.
274, § 6, or a like violation of the laws of another state, the United States or a
military, territorial or Indian tribal authority, and whose victim was a child
under the age of 16.
3. _A person who has been adjudicated a sexually dangerous person under MGL
c. 123A, § 14, as in force at the time of adjudication, or a person released
from civil commitment pursuant to MGL c. 123A, § 9, and whose victim was
(or was believed by the offender to be) _a child under the age of 168.
4. A person who resides in the Commonwealth of Massachusetts, has a
secondary address, works at or attends an institution of higher learning in
the commonwealth and has been convicted in any other state, in a federal or
military court or in any foreign jurisdiction of any crime the essential
elements of which are substantially the same as any of the crimes specified
above in ap ragraph 2 of the definition of Child Sex Offender. Subsection- , and
which requires registration as a sexual offender in such other state or in the
federal or military system, and who resides or works in this commonwealth
and whose victim was (or was believed by the offender to be )_ child under the
age of 186.
§ 136 -2. Prohibitions and exceptions.
A.
Prohibition. It shall be unlawful for a child sex offender to be present in any child safety
zone.
B.
Exceptions. The provisions of this chapter shall not apply to:
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Any person whose name has been removed from the Massachusetts Sex Offender
Registry or from the registry of any other state or in the federal or military system by act
of a court or by expiration of the term such person is required to remain on such registry
or reclassified as a Level 1 in Massachusetts or lowest offender category in another
jurisdiction.
Facilities in a child safety zone that also support a church, synagogue, mosque, temple or
other house of religious worship, subject to all of the following conditions:
(a)_
The child sex offender's entrance and presence upon the property occurs only during
hours of worship or other religious program/service as posted to the public; and
(b)_
The child sex offender shall not participate in any religious education programs that
include individuals under the age of 18.
Property that also supports a use lawfully attended by a child sex offender's natural or
adopted child(ren), which child's use reasonably requires the attendance of the child sex
offender as the child's parent upon the property, subject to the following condition:
(a)_
The child sex offender's entrance and presence upon the property occurs only during
hours of activity related to the use as posted to the public.
Property that also supports a polling location in a local, state or federal election, subject
to all of the following conditions:
(a)_
The child sex offender is eligible to vote;
(b)_
The property is the designated polling place for the child sex offender; and
(0_
The child sex offender enters the polling place property, proceeds to cast a ballot with
whatever usual and customary assistance is available to any member of the electorate,
and vacates the property immediately after voting.
Property that also supports a school lawfully attended by a child sex offender as a
student, under which circumstances the child sex offender may enter upon the property
supporting the school at which the child sex offender is enrolled, for such purposes and at
such times as are reasonably required for the educational purposes of the school.
Property that also supports a court, government office or room for public governmental
meetings, subject to all of the following conditions:
(a)_
The child sex offender is on the property only to transact business at the government
office or place of business, excluding a library, or attend an official meeting of a
governmental body; and
(b)_
The child sex offender leaves the property immediately upon completion of the business
or meeting.
§ 136 -3. Notice.
The Chief of Police or his designee shall make reasonable efforts to provide prompt,
actual written notice of the enactment of this chapter (which notice shall contain a copy
of this chapter) to all persons who are listed on the sex offender registry as of the
effective date of this chapter and who were given a Level 2 or Level 3 designation, as
well as those persons who are added to the sex offender registry at such levels thereafter,
246
which persons' addresses (as shown on the sex offender registry) are within the City of
Beverly. Such notice requirement may be satisfied by the mailing of such notice by
registered or certified mail, return receipt requested, to the last known address of such
person as listed on the sex offender registry or as otherwise known to the Chief of Police.
The failure of any person to receive such actual written notice shall not be a defense to a
violation of this chapter.
§ 136 -4. Enforcement procedures.
A.
Upon reasonable belief of a police officer that a child sex offender is present in a child
safety zone in violation of this chapter, the officer shall obtain from the suspected child
sex offender his /her name, address, and telephone number. Should the police officer
thereafter establish that the individual is a child sex offender as defined in this chapter,
then the officer shall issue a written citation that such individual is in violation of this
chapter and also require that the individual leave the child safety zone. An individual who
refuses to leave or is later found to be in the same child safety zone shall be subject to the
penalties set forth in § 136 -5 .
B.
A map depicting and a written list describing the child safety zones shall be created by
the Planning and Engineering Departments of the City and maintained by the Police
Department, which map shall be reviewed annually for changes. Said map and list, as
well as a copy of this chapter, shall be available to the public at the offices of the Beverly
Police Department and Beverly City Clerk and at all public buildings and will also be
posted on the City of Beverly's official website. In the event that the list, map or the
words of this chapter shall conflict, then the words of this chapter shall control.
136 -5. Violations and benalties.
[Amended 1 -20 -2011 by Ord. No. 226]
A.
Any violation of this chapter may be subject to criminal penalties and prosecuted in a
court of competent jurisdiction and shall result in a criminal fine of up to $150 for a first
violation. Refusal to leave a child safety zone or being later found in the same child
safety zone shall result in a criminal fine of up to $300. A second or any subsequent
violation of this chapter shall be subject to a criminal fine of up to $300. A child sex
offender commits a separate offense for each and every violation of this chapter. Except
for persons who are not yet 4-T- of age when they commit any such offense,
violation of this chapter may further constitute a violation of MGL c. 272, § 59, for which
the violator is also subject to immediate arrest without warrant. The issuance of a citation
shall not preclude the City from seeking or obtaining any or all other legal and equitable
remedies to prevent or address a violation of this chapter, to include written notification
to the parole and /or probation officer and the Commonwealth's Sex Offender Registry
Board that the child sex offender has violated a municipal ordinance.
B.
As an alternative, any violation shall result in a noncriminal fine of $150 for a first
violation. Refusal to leave a child safety zone or being later found in the same child
safety zone shall result in a noncriminal fine of $300. A second or subsequent violation of
this chapter shall be subject to a noncriminal fine of $300. A child sex offender commits a
separate offense for each and every violation of this chapter. Except for persons who are
not yet 47--- years of age when they commit any such offense, any violation of this
chapter may further constitute a violation of MGL c. 272, § 59, for which the violator is
also subject to immediate arrest without warrant. The issuance of a citation shall not
preclude the City from seeking or obtaining any or all other legal and equitable remedies
to prevent or remove a violation of this chapter, to include written notification to the
parole and /or probation officer and the Commonwealth's Sex Offender Registry Board
that the child sex offender has violated a municipal ordinance.
C.
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Injunction. If a child sex offender is present upon or within a safety zone in violation of
this chapter, the City Solicitor may bring an action in the name of the City to enjoin
future violations of this chapter by such violator.
Referred to Legal Affairs
#335
March 6, 2017
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I respectfully request that you approve an appropriation of $200,000 to fund work on land
surrounding the airport property. As noted in the attached memo from Chairman
Mahoney, the work is necessary to allow proper approach to runway 9 and has been
identified and required by the Federal Aviation Administration as a matter of safety. The
$200,000 appropriation will receive a 95% reimbursement from the FAA and the MASS
DOT, therefore having a net cost of $10,000. The available fund balance of the Airport
Enterprise Fund is insufficient to cover the full $200,000, therefore, I am requesting
$190,000 of the appropriation be transferred from the City's free cash balance and the
remaining $10,000 be transferred from the Airport Enterprise fund balance. The full
reimbursement would then be transferred back into the general fund upon receipt
replenishing the $190,000. Please see the attached memos from the City's Finance
Director and Chairman Mahoney which provide some additional details relating to this
request.
Please initiate action on this matter at your next City Council meeting on March 6, 2017.
This transfer request will require a public hearing be set prior to a Council vote. Thank
you.
Sincerely yours,
Michael P. Cahill
Mayor
MEMO TO: Michael P. Cahill, Mayor
FROM: Bryant Ayles, Finance Director
SUBJECT: Airport Enterprise Fund appropriation
DATE: March 2, 2017
The airport commission is looking to proceed with some work relating to runway
approach penetrations on private property. The attached Memo from Chairman Mahoney
explains the project in detail. The total cost of the project is estimated to be $200,000, of
which the Federal Aviation Administration and the Massachusetts Department of
Transportation are expected to reimburse 95% or $190,000 of the estimated $200,000
price tag. The full appropriation is necessary to enter into contracts with vendors for the
work and aspects of the work are required to be completed for the reimbursement
contract to be established with the FAA and Mass DOT. I've been informed by the
Airport Commission that this is a common practice.
WM
The current available fund balance within the airport enterprise fund is $127,267 which is
an insufficient balance to begin this project. Therefore I would recommend that an
appropriation of $190,000 from the General Fund free cash balance along with $10,000
from the Airport Enterprise fund balance be transferred to a separate capital project fund
to allow the work to proceed. The reimbursement of the project of $190,000 would then
be deposited back into the General fund as revenue to replenish the free cash value. The
net financial impact of the transaction would be $0 for the general Fund and a $10,000
cost to the Airport Enterprise Fund balance.
DRAFT ORDER: That an appropriation of $200,000 is hereby authorized to pay
for costs associated with Aviation Easement Acquisitions for the Beverly Regional
Airport Runway 9 and to meet said appropriation $190,000 shall be transferred
from the City of Beverly's free cash balance and $10,000 shall be transferred from
the Airport Enterprise fund balance; provided that all Federal and State Grant
revenues generated in connection with said project and any unspent funds be
transferred back to the City's General Fund up to $190,000; provided further that
in the event the Federal and State Grant revenues added to the unspent project
funds are insufficient to reimburse the City General Fund the full $190,000, that the
Airport Fund Balance shall transfer the difference.
Referred to Finance & Property to Set a Public Hearing
#336
March 6, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation the following citizens to
serve as Trustees for the Affordable Housing Trust:
Michael P. Cahill, Mayor, 191 Cabot Street January 31, 2018
Bryant Ayles, Municipal Finance Director, 191 Cabot StreetJanuary 31, 2019
Aaron Clausen, Planning Director, 191 Cabot Street
Susan Gabriel, 26 Dartmouth Street, Beverly
Richard Dinkin, 93 Bridge Street, Beverly
Their terms to be effective as noted above.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
#337
March 6, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
January 31, 2019
January 31, 2018
January 31, 2018
249
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. Arthur Athanas, 77
Hale Street, Beverly to serve as a member of the Human Rights Committee. Mr. Athanas
will complete the term of Ms. Judith Cronin who recently stepped down.
His term is to be effective until April 4, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#338
March 6, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Ms. Frances A.
Macdonald, CMC, 11 Sylvan Road, Beverly to serve on the Board of Registrars of
Voters.
Her term is to be effective from March 31, 2017 until March 31, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#339
March 6, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Ms. Joyce Herman, 36 Hull
Street, Beverly to serve as a member of the Beverly Waste Reduction Committee.
Her term is to be effective from March 31, 2017 until March 31, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
250
Referred to Public Services
#340
March 6, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. Zane Craft, 5 Stone
Street, Beverly to serve as a member of the Planning Board. Mr. Craft will complete the
term of Mr. Michael Rotundo who recently resigned.
Her term is to be effective until December 31, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
Communications from other City Officers & Boards:
#214A
Communication —Councilor Latter — Appointment — OSRC W3 Representative —
Barbara Koenig (correction)
Referred to Legal Affairs
#342
Communication — Beverly Contributory Retirement Board — COLAAdjustment
Received and Placed on File — Vote: 8 -0
#343
Communication — City Clerk — 2017 Petroleum License Renewals
Referred to Legal Affairs
251
#344
Communication — Council President — Reappointment — Parking & Traffic
Commission — Richard Benevento & non - reappointment by request — Richard
Hutchinson
Referred to Legal Affairs
#345
Communication — Superintendent of Schools — 3+ Year Contract — Student
Information System
Referred to Finance & Pro
Council President entertained a Motion to accept a Late File from the BPD
Traffic /Safety Sergeant —Approved — Vote: 8 -0
LATE FILE - #346
Communication — BPD Traffic /Safety Sergeant — Handicapped Parking — 15
Parsons Drive
Referred to Legal Affairs
Communications, Applications & Petitions:
#347
Communication — VFW -MA— Purple Heart Bridge (MASS -DOT) & State
Representative Jerald Parisella
Received and Placed on File — Vote: 8 -0
#348
Communication — Handly & Cox, P.C. — 28R Putnam Street & Zoning
Regulations — Solar Installations
Referred to Legal Affairs
#349
MA State Lottery Commission — KENO Monitor — Cabot Convenience, 389 Cabot
Street
Received and Placed on File — Vote: 8 -0
#350
Application — Amusement Device — Pickled Onion, 355 Rantoul Street
252
Referred to Legal Affairs
Motions and Orders (2 Reading):
#328
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor —
Parking & Traffic Commission Ordinance Amendment, 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: In the year two thousand and seventeen
Be it ordained by the City Council of the City of Beverly as follows:
By amending Article 11, Section 15 -42 entitled Parking and Traffic Commission of the
revised Ordinances of the City of Beverly by deleting Paragraph A and adding the
following new Paragraph A:
"Composition. The Parking and Traffic Commission shall consist of nine members to be
appointed as follows: the Chief of Police or his or her designee, the Chief of the Fire
Department or his or her designee, the Planning Director or his or her designee, the
Commissioner of Public Services and Engineering or his or her designee, a representative
from the Beverly Chamber of Commerce, two residents appointed by the Mayor and two
residents appointed by the City Council. The Mayoral and Council appointees shall
include, if possible, a traffic engineer, transportation engineer /planner, or parking and
traffic consultant. The terms of all members shall be for three years, so arranged that the
representatives of the Police and Fire Departments shall expire in one year, the
representatives of the Planning Department and the Beverly Chamber of Commerce shall
expire in another year, and the representative of the Mayor's office and the citizens
appointed by the City Council shall expire in a third year. Vacancies shall be filled by the
appropriate entity for the balance of the then - unexpired term."
First Reading: Tuesday, 21 February 2017
Second Reading: Monday, 6 March 2017
Pending Publication & Final Passage
Final Passage: Monday, 20 March 2017
Order read once and adopted — Vote: 8 -0.
Reports of Committees:
#335
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
Airport avigation rights (Set a Public Hearing), have considered said matter and beg leave to report
as follows, to wit:
Submit the accompanying Order and recommend its adoption:
253
ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 20
March 2017 at 7:30 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA,
relative to an appropriation of $200,000 being authorized to pay for costs associated with Aviation
Easement Acquisitions for the Beverly Regional Airport Runway 9 and to meet said appropriation
$190,000 shall be transferred from the City of Beverly's free cash balance and $10,000 shall be
transferred from the Airport Enterprise fund balance; provided that all Federal and State Grant
revenues generated in connection with said project and any unspent funds be transferred back to
the City's General Fund up to $190,000; provided further that in the event the Federal and State
Grant revenues added to the unspent project funds are insufficient to reimburse the City General
Fund the full $190,000, that the Airport Fund Balance shall transfer the difference.
Order read once and adopted — Vote: 8 -0.
#345
The Committee on Finance & Property, to whom was referred the matter of Communication —
Superintendent of Schools — 3+ Year Contract — Student Information System, have considered said
matter and beg leave to report as follows, to wit:
Recommend the Council approve the Request
Order read once and adopted — Vote: 8 -0.
#211
The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning &
Development Director re: Proposed Amendment to the City's zoning Ordinance #300 -38, have
considered said matter and beg leave to report as follows, to wit:
Recommend the Council Deny the Request;
Order read once and adopted — Vote: 8 -0.
#211A
The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning &
Development Director re: Proposed Amendment to the City's zoning Ordinance #300 -38 S[ecoa;
Residential District ( "RSD "), have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adoption, pending Publication
and Final Passage:
ORDERED: In the year two thousand seventeen
Be it ordained by the City Council of the City of Beverly as follows:
proposed Order No. 211 of 2016 be amended by substituting the zoning amendment proposed
therein in its entirety with the following proposed zoning amendment:
Chapter 300- Zoning, Article VII: District Regulations is amended
as follows:
1. Amend Section 300 -38.13, Uses by right, by removing the following:
(3) Multifamily dwelling or apartment house, subject to the requirements of
Subsection H below.
And;
Amend Section 300 -38.C, Uses by special permit, by inserting the following:
(11) Multifamily dwelling or apartment house, subject to the requirements of Subsection H
below.
2. Amend Section 300 -38.D (1) by increasing the minimum lot area per dwelling unit from 3,600
square feet to 15,000 square feet.
Section 300 -8.D (1), Building and area requirements will be amended to read as follows:
The lot on which the building or group of buildings is constructed shall have a minimum area
of 15,000 square feet for each dwelling unit in the development. Maximum coverage by
buildings (not including the landscaped exterior of underground garage space) shall not
254
exceed 15% of the gross area of the lot or tract. Said lot or tract may have roads or ways
constructed thereon, and the approval of said roads or ways by the Beverly Planning Board
under the Subdivision Control Law (MGL Chapter 41) shall not be deemed to divide said lot
or tract into two or more lots or tracts.
Be it further ordained by the City Council of the City of Beverly that Chapter 300 be amended as
proposed in this amended order.
First Reading: 23 January 2017
Second Reading: 6 March 2017
Pending Publication and Final Passage
Final Passage: 20 March 2017
Order read once and adopted — Vote: 8 -0.
#211 B
The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning
Board Response To Proposed Zoning Amendment — Folly Hill, have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 8 -0.
#270
The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor
Frates re: Stop Sign @ Landers Drive & Middlebury Lane in front of 17 Landers Drive, have
considered said matter and beg leave to report as follows:
Receive and Place on File
Order read once and adopted — Vote: 8 -0
#328
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor —
Parking & Traffic Commission Ordinance Amendment 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: In the year two thousand and seventeen
Be it ordained by the City Council of the City of Beverly as follows
By amending Article II, Section 15 -42 entitled Parking and Traffic Commission of the revised
Ordinances of the City of Beverly by deleting Paragraph A and adding the following new
Paragraph A:
"Composition. The Parking and Traffic Commission shall consist of nine members to be appointed
as follows: the Chief of Police or his or her designee, the Chief of the Fire Department or his or
her designee, the Planning Director or his or her designee, the Commissioner of Public Services
and Engineering or his or her designee, a representative from the Beverly Chamber of
Commerce, two residents appointed by the Mayor and two residents appointed by the City
Council. The Mayoral and Council appointees shall include, if possible, a traffic engineer,
transportation engineer /planner, or parking and traffic consultant. The terms of all members shall
be for three years, so arranged that the representatives of the Police and Fire Departments shall
expire in one year, the representatives of the Planning Department and the Beverly Chamber of
Commerce shall expire in another year, and the representative of the Mayor's office and the
255
citizens appointed by the City Council shall expire in a third year. Vacancies shall be filled by the
appropriate entity for the balance of the then - unexpired term."
First Reading: Tuesday, 21 February 2017
Second Reading: Monday, 6 March 2017
Pending Publication & Final Passage
Final Passage: Monday, 20 March 2017
Order read once and adopted — Vote: 8 -0
#333
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor -
Reappointment — Parking & Traffic Commission — George Binns, have considered said matter and
beg leave to report as follows:
Recommend the Council approve the Reappointment
Order read once and adopted — Vote: 8 -0
#343
The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk —
2017 Petroleum License Renewals, have considered said matter and beg leave to report as follows:
Recommend the Council approve the Request pending inspections by the Fire Department
Order read once and adopted — Vote: 8 -0
#346
The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic /
Safety Sergeant concerning a Handicapped Sign at 15 Parsons Drive, 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 seventeen
An Ordinance amending an Ordinance relative to:
Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ",
Amending Section 270 -49 as follows:
ADD: Parsons Drive At approximately 15 Parsons Drive
First Reading: Monday, 6 March 2017
Second Reading: Monday, 20 March 2017
Advertise and hold for Final Passage
Final Passage: Monday, 3 April 2017
Order read once and adopted — Vote: 8 -0
#350
256
The Committee on Legal Affairs, to whom was referred the matter of Application for 1 additional
Amusement Device License @ the Pickled Onion, 355 Rantoul St. have considered said matter and
beg leave to report as follows:
Recommend the Application be granted
Order read once and adopted — Vote: 8 -0
#280A
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Appointments to Veterans' Advisory Committee, have considered said matter and beg leave to
report as follows:
Recommend the Council Approve the Appointments except for Mr. Genest who requires a Waiver of
Residency. Councilor Martin offered an Amendment to the Order as recommended by the
Committee acknowledging advice of the Assistant City Solicitor that the Ordinance as written allows
for a Member of the Committee to be a non - resident of the City with a 2/3 vote of the Council.
Amendment read once and adopted — Vote: 8 -0
Council President then called for a vote on the Order as Amended.
Order read once and adopted — Vote: 8 -0
Unfinished Business: None
Meeting Adjourned: 10:05 PM Attest: D. Wesley Slate, Jr.
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