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Minutes - Monday 18 June 2018Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 18 June 2018 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3rd Floor Council Chamber Called to Order @ 7:07 PM Roll Call: Timothy P. Flaherty, Julie R. Flowers, John P. Frates Jr. -Vice President, Scott D. Houseman, David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Paul M. Guanci- President. Pledge of Allegiance to the Flag: Council Vice President Frates Moment of Silence: None Presentations, Awards and Memorials: None Resolutions: None Comments by Citizens (subject to the conditions contained in Appendix A to the "Rules and Orders "): Anyone who would like to speak at the Meeting has until 9:30AM on the day of the Meeting to register with the City Clerk. (Limit of 3 @ 5 minutes each): None Acceptance of Minutes of Previous Meetings: 1. Monday, 4 June 2018 - Regular Meeting 2. Thursday, 14 June 2018 — Special Meeting Vote to ADDrove: 9 -0 Communications from His Honor the Mayor: #138,139 & 140 June 14, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I respectfully request that the City Council vote favorably to accept three separate local options. The local options are each described in the attached letters from the City's Chief Assessor, Mr. Caron. Each of these local options seek to provide additional tax relief to qualifying seniors by either adjusting the benefit they may receive or by modifying the qualification limits. As we are all aware, Beverly's senior population is on the rise and is projected to increase significantly in the years to come. As a community, we need to be proactive on many fronts to support our aging population. Adoption of these local options is consistent with my administration's desire to provide more opportunities and supports for seniors to remain within our community. These local options, if adopted, can mean the difference between a senior having to leave their home and seek residence elsewhere or being able to remain in their long time homes. The senior population that will benefit most from these adjustments are the most financially vulnerable and most in need of the additional tax relief. The overall projected cost to the city is modest, as outlined in Mr. Caron's letters, when compared to the very real beneficial impact they will have. Mr. Caron and the Board of Assessors are recommending the adoption of these local options based on their review of the city's current exemption structure and potentially eligible home owners. Each option will require a separate order number and must be adopted prior to June 30' for the adjustments to take effect in the coming fiscal year. Please initiate action on this request at your upcoming City Council meeting. Thank you. Sincerely yours, Michael P Cahill Mayor Council President entertained a Motion to Refer all three Orders to Finance & Property, since the Clerk stated that all three letters from the Mayor were identical, though the attachments from Mr. Caron, Chair of the Board of Assessors, were unique to each Local Option. Further, the Clerk noted that the Finance Director had provided the Clerk's Office with a correction to Mr. Caron's letter for Order #140, which corrected the number "45 to "55 99 . Approved — Vote: 9 -0 — Referred to Finance & Property #141 June 14, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I hereby appoint subject to your review and recommendation, Ms. Leslie Gould, Executive Director, Greater Beverly Chamber of Commerce, to serve as the Chamber's representative on the Parking and Traffic Commission, replacing Mr. John Somes. Her terms is to be effective until March 1, 2021. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs Council President entertained a Motion to Accept 5 LATE FILES from His Honor the Mayor— Approved -Vote: 9 -0 LATE FILE - #142 June 18, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I hereby appoint subject to your review and recommendation, Ms. Caroline Baird Mason, P.O. Box 243, Prides Crossing to serve as the Historic District Commission's representative on the Design Review Board. Her term is to be effective until December 1, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services LATE FILE - #144 June 18, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I hereby appoint subject to your review and recommendation, Mr. Richard M. Bessom, 201 Elliott Street, Unit 200, Beverly to serve on the Beverly Airport Commission. His term is to be effective until December 31, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services CITY CLERK INFORMED COUNCIL PRESIDENT THAT THE FOLLOWING THREE COMMUNICATIONS FROM THE MAYOR, THOUGH ASKING FOR ACTION TO BE TAKEN AT THE COUNCIL'S SPECIAL MEETING ON 25 JUNE 2018, WERE IN FACT RECEIVED BY THE CLERK'S OFFICE IN TIME TO BE ADDED TO TONIGHT'S AGENDA — COUNCIL PRESIDENT AGREED TO CONSIDER THEM TONIGHT LATE FILE - #145 June 18, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly has been awarded two grants from the Federal Aviation Administration for the Beverly Airport. The first grant is for wildlife hazard assessment in the amount of $89,370. The second grant is for ALP update for non - standard geometry which all airports need to comply with under FAA standards in the amount of $66,690. With your approval, these grants will be used to update the airport master plan study and manage wildlife at the airport under the airport improvement program. 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 June 25, 2018. Thank you. Sincerely yours, Michael P. Cahill Mayor cc: Catherine Barrett Referred to Finance & Property LATE FILE - #146 June 18, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly has been awarded a $32,500 grant from the Executive Office of Energy and Environmental Affairs. This grant funding will be used for a planning process to identify vulnerabilities due to climate change. With your approval, this grant will be used to establish actions that can be implemented to make the City of Beverly more resilient to hazards exacerbated by climate change. By completing the process, the City will be designated a MVP Climate Community and have access to MVP Action Grants. 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 June 25, 2018. Thank you. Sincerely yours, Michael P. Cahill Mayor cc: Catherine Barrett Referred to Finance & Property LATE FILE - #147 June 18, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly has been awarded a $71,367 grant from the Executive Office of Housing and Economic Development. This grant funding will be used to complete the pilings project at Glovers Wharf in Beverly. The original grant was for $400,000 and the $71,367 represents a supplemental grant to complete the project. Total project cost is $471,367 and will be completed by fiscal year end on June 30, 2018. With your approval, this grant will be used to enhance public safety and long term functionality of Glover Wharf recreational docks by replacing the anchor system with 14 guided piles. 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 city council approve this grant by taking action on this matter at your upcoming meeting of the City Council on June 25, 2018. Thank you. Sincerely yours, Michael P. Cahill Mayor cc: Catherine Barrett Referred to Finance & Property Communications from other City Officers & Boards: #133 Communication — Finance Director / Treasurer - Reauthorization of Revolving Funds Referred to Finance & Pro Council President entertained a Motion to Accept a LATE FILE from Council President —Approved -Vote: 9 -0 LATE FILE - #143 Communication — Council President — ECDC Report Referred to Finance & Pro Council President entertained a Motion to Accept a LATE FILE from Councilor Houseman — Approved - Vote: 9 -0 LATE FILE - #132A Communication — Councilor Houseman — Supplementary Public Arts Policy Order Referred to Public Services Communications, Applications & Petitions: None Unfinished Business: None Motions and Orders (Final Passage): #067B The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning Director — Amended Ordinance — Ch. 300 — Solar Energy Systems, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption: ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year two thousand and eighteen An Ordinance amending an Ordinance relative to Ch. 300 — "Zoning — Solar Energy Systems ": PROPOSED ZONING AMENDMENT March 29, 2018 The Beverly Planning Department hereby submits a proposed amendment to the Beverly Zoning Ordinance Chapter 300, Article II — Definitions and Article V — General Provisions, and submits a proposed new article to the Beverly Zoning Ordinance Chapter 300. The following amendments are proposed: Section 300 -5 [Definitions] Add the following new definitions to Section 300 -5. Solar Access The access of a solar energy ystem to direct sunlight Solar Energy System A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage, and distribution of solar energy for space heating and cooling, electricity generation, or water heating. A. Solar EnergySystem, Ground - Mounted A solar energy ystem — including, but not limited to, panels, electrical equipment, and accessory structures — that is structurally mounted to the ground and is not roof - mounted, may be of any size. B. Solar EnergySystem, Large -Scale A solar energy ystem that occupies more than 1,000 square feet of surface area. C. Solar EnergySystem, Roof - Mounted A solar energy ystem that is structurally mounted to the roof of a building or structure, may be of any size. D. Solar EnergySystem, Small -Scale A solar energy ystem that occupies 1,000 square feet or less of surface area. Amend the following sections by adding "Large - Scale, Ground - Mounted Solar Energy System subject to provisions of Section 300 -135" in the following sections: • Section 300 -30: (R -90 — One - Family District), Section C (Uses by Special Permit) allowed as granted by the Planning Board. • Section 300 -31: (R -45 — One - Family District), Section C (Uses by Special Permit) allowed as granted by the Planning Board. • Section 300 -32: (R -22 — One - Family District), Section C (Uses by Special Permit) allowed as granted by the Planning Board • Section 300 -33: (R -15 — One - Family District), Section C (Uses by Special Permit) allowed as granted by the Planning Board • Section 300 -34: (R -10 — One - Family District), Section C (Uses by Special Permit) allowed as granted by the Planning Board • Section 300 -35: (R -6 — One - Family and Two - Family District), Section C (Uses by Special Permit) allowed as granted by the Planning Board • Section 300 -36: (RMD — Multi- Family District), Section C(2) (Uses by Special Permit granted by the Planning Board). • Section 300 -37: (RHD — Multi- Family District), Section C(2) (Uses by Special Permit granted by the Planning Board). • Section 300 -38: (RSD — Special Residential District), Section C (Uses by Special Permit) allowed as granted by the Planning Board • Section 300 -39: (CN —Neighborhood Commercial District), Section C(2) (Uses by Special Permit granted by the Planning Board). • Section 300 -40: (CC — Central Business District), Section C(1) (Uses by Special Permit granted by the Planning Board). • Section 300 -41: (CG — General Commercial District), Section B (Uses by right), including the following language: o Large- Scale, Ground - Mounted Solar Energy ystem subject to provisions of Section 300 -135, provided the use is accessory to another use permitted within the district. • Section 300 -41: (CG — General Commercial District), Section C (Uses by Special Permit) allowed as granted by the Planning Board • Section 300 -42: (IR and IR Overlay — Restricted Industrial, Research and Office District), Section B (Uses by right), including the following language: o Large- Scale, Ground - Mounted Solar Energy ystem subject to provisions of Section 300 -135, provided the use is accessory to another use permitted within the district. • Section 300 -42: (IR and IR Overlay — Restricted Industrial, Research and Office District), Section C (Uses by Special Permit) allowed as granted by the Planning Board • Section 300 -43: (IG — General Industrial District), Section B (Uses by right), including the following language: o Large- Scale, Ground - Mounted Solar Energy ystem subject to provisions of Section 300 -135, provided the use is accessory to another use permitted within the district. • Section 300 -43: (IG - General Industrial District), Section C(2) (Uses by Special Permit granted by the Planning Board). • Section 300 -44: (HD - Hospital District), Section B (Uses by right), including the following language: o Large- Scale, Ground - Mounted Solar Energy ystem subject to provisions of Section 300 -135, provided the use is accessory to another use permitted within the district. • Section 300 -44: (HD - Hospital District), Section C (Uses by Special Permit) allowed as granted by the Planning Board • Section 300 -45: (BHD -Beverly Harbor District), Section C (Uses by Special Permit), including the following language: o Large- Scale, Ground - Mounted Solar Energy System, the special permit is granted by the Planning Board. • Section 300 -46: (WDR -Waterfront Development Residential District), Section C(l) (Uses by Special Permit granted by the Planning Board). Section 300 - 20 [Solar Access] Amend Section 300 -20 Solar Access. Reserved. (2) Has an area not greater- than ',� of the heated floor- area of the stfttetur-e sef:v _'W ..... ... .... .:eetie:reTE� . ..... . .... .... . r-eear-ded with the City Gler-k, and the d-ate A44he installation shall be the date of the 9 WIN 0 r - - - - r- I 111 R OOM Pill (2) Has an area not greater- than ',� of the heated floor- area of the stfttetur-e sef:v D. A that I i I is installed the lat be filed statefnei4 a salar- eaefgy ealle an shall a r-eear-ded with the City Gler-k, and the d-ate A44he installation shall be the date of the 9 WIN 0 r - - - - r- D. A that I i I is installed the lat be filed statefnei4 a salar- eaefgy ealle an shall a r-eear-ded with the City Gler-k, and the d-ate A44he installation shall be the date of the Chapter 300 [Zoning] Add new Article XVIII Solar Energy Systems. Add new Section 300 -135. Large -Scale Ground - Mounted Solar Energy Systems A. Purbose. The burbose of this ordinance is to encourage the resbonsible develobment of large -scale ground- mounted solar energysystems. These regulations shall include, but not be limited to, standards for placement, design, construction, operation, monitoring, modification, and removal of such installations that address public safety, minimize impacts on scenic, natural, and historic resources, support the goal of reducing carbon emissions, protect residential properties and neighborhoods, and provide adequate financial assurance for the eventual decommissioning of installations if necessary. B. Applicability. This section applies to large- scale, ground- mounted solar energysystems, including associated equipment and structures. This section shall also pertain to physical modifications that materially alter the type, configuration, or size of ground- mounted solar energy ystems or related equipment. (1) Large- scale, ground- mounted solar energy ystems shall require a Site Plan Review in accordance with the Zoning Ordinance of the City_ of Beverly in addition to meeting the requirements of this section. Use restrictions for large- scale, ground- mounted solar energy ystems are established in Article VII District Regulations. (2) The Planning Board shall be the granting authority for any Special Permit for a large - scale, ground- mounted solar energysystem. In addition to the design performance standards set forth in § 300- 135(H), systems requiring a Special Permit shall comply with § 300 -91 Special Permit Uses. C. General Requirements. (1) The construction of all large- scale, ground- mounted solar energy ystems shall be consistent with all applicable local, state, and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. (2) Prior to the issuance of a building permit for the construction of a large- scale, ground - mounted solar energysystem, an Emergency Response Plan shall be provided to the Beverly Fire Department, along with emergency contact information. No building permit shall be issued before the Fire Chief has approved the emergency response plan. During and after construction, keys to all gate locks shall be provided to the Beverly Department. (3) Prior to the issuance of a building permit, a complete copy of the Stormwater Management Report and Checklist shall be provided to the Planning Department, the Municipal Inspections/Building Department, the Planning Board, the Conservation Commission, and emergency services. (a) The Report shall include the names, addresses, and contact information, including 24- hour emergency contact information for all construction- period project operators including the project owner and all project contractors and /or subcontractors. Changes and updates to the site operator contact information must be provided in writing to the Municipal Inspections /Building Department within one business day of any changes /updates. (4) Prior to the issuance of a building permit, the applicant shall provide the Municipal Inspections/Building Department with documentation that the utility company that operates the electrical grid where the large- scale, ground- mounted solar energy system is to be located is informed of the intent of the applicant to install an interconnected customer -owned generator. Off -grid systems shall be exempt from this requirement. (5) Prior to final approval by the Electrical Inspector and the Municipal Inspections/Building Department, an Operations and Maintenance (O &M) Plan shall be submitted to the Planning Board, the Municipal Inspections/Building Department, the Conservation Commission, and emergency services. (a) The Plan shall include measures for maintaining safe access to the installation, stormwater, and vegetation controls, as well as general procedures for operational maintenance of the installation. (b) The Plan shall include the names, addresses, and contact information for the site owner and site operator (if different), a description of emergency response measures including procedures for shutting down the installation, a checklist of inspection items, a schedule for implementing routine and emergency maintenance activities, and a long -term pollution prevention plan consistent with the requirements of the MassDEP Stormwater Manauement Standards. (c) At such a time that the responsible party(ies) transition or change, an updated O &M Plan shall be submitted to the Planning Board, the Municipal Inspections /Building Department, the Conservation Commission, and emergency services within five business days of the change. (6) Prior to issuance of a building permit, the applicant shall submit documentation of actual or brosbective access and control of the broiect site sufficient to allow for construction and operation of the proposed large- scale, ground- mounted solar energysystem. If a lease or rental agreement is used to satisfy this requirement, said lease or rental agreement shall be for a period of not less than ten (10) years, and shall include a clause that expressly permits the use of the property for the construction, maintenance, and use of a large -scale solar energy system. (7) Emergency shut -off procedures must be clearly indicated at each ingress point to the site. Each ingress point shall restrict access to authorized personnel only. (8) Prior to final approval by the building inspector, all landscape areas must be complete in accordance with the Landscabe Plan. D. Site Plan Review. All large- scale, ground- mounted solar energy ystems shall undergo Site Plan Review by the Planning Board prior to construction, installation, or modification. (1) All plans and maps shall be prepared, stamped, and signed by professional engineer licensed to practice in the Commonwealth of Massachusetts. (2) Required Documents. The applicant shall provide the following documents to the Planning Department as part of the Site Plan Review process: (a) A site plan showing: i. Property lines and physical features, including roads, for the project site, ii. Proposed changes to the landscape of the site, including rg ading, vegetation clearing and planting, exterior lighting, screening vegetation or structures, and new structures, including their height, iii. Blueprints or drawings of the large- scale, ground- mounted solar energy system signed by professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures, iv. One- or three -line electrical diagram detailing the large- scale, ground - mounted solar energysystem, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices, v. Documentation of the major system components to be used, including the PV panels, mounting system, and inverter, and environmental containment of oils if greater than fifty(50) gallons used in equipment, vi. Name, address, and contact information for the proposed system installer, vii. Name, address, telephone number, and signature of the property owners, the applicant, the developer, and an other that produced material to support the Special Permit application or site plan, viii. Name, contact information, and signature of any agents representing the owner or applicant, ix. Provision of water including what is needed for fire protection, x. Locations of local or national historic districts, xi. List of any hazardous materials proposed to be located on the site in excess of household quantities and a plan to prevent their release into the environment, xii. Locations of permanently protected open space, priority habitat areas, and a BioMap 2 Critical Natural Landscape Core Habitat mapped by the Natural Heritage & Endangered Species Program (NHESP) and "habitat of potential regional or statewide importance" also known as "important habitat" mapped by the DEP: and xiii. Documentation of how all system components shall be secured to the ground in a manner that ensures their stability in severe weather conditions. (b) Proof of liability insurance, (c) Documentation of actual or prospective access and control of the project site, (d) Operations and Maintenance Plan, (e) Emergency Response Plan, (f) Stormwater Management Report and Checklist, (g) Description of financial surety that satisfies Section L3; (h) Zoning district designation and the zoning overlay(s) for the parcel(s) of land comprising the project site, (i) Evidence of utility notification as described in Section E5, and 0) Landscape Plan that satisfies Section H. E. Dimension and Height Requirements. (1) Setbacks (a) Large- scale, ground- mounted solar energy ystems shall be located so that the entirety of any ystem and associated equipment falls within the setback requirements. (b) In districts where large- scale, ground- mounted solar energy ystems are permitted by right, the building setback requirements of the underlying zoning shall apply. i. Where lots abut residential districts, setbacks from the lot line(s) adjacent to the residential parcel shall be 50 feet. (c) In districts where large- scale, ground- mounted solar energy ystems require a Special Permit, setback requirements shall be as follows: Front yard: The front yard pth shall not be less than 75 feet. ii. Side yard: Each side yard shall have a depth of at least 50 feet. iii. Rear vard: The rear vard depth shall not be less than 50 feet. (2) Appurtenant Structures All appurtenant structures to large- scale, ground- mounted solar energy ystems shall be subject to the City of Beverly's Zoning Ordinance requirements concerning the bulk of structures, setbacks, open space, parking, and building coverage requirements for the underlying zoning. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, fencing, transformers, and substations, shall be architecturally compatible with each other. Structures shall be screened from view by vegetation and /or joined or clustered to avoid adverse visual impacts. (3) Height of Structures The height of any structure associated with a large- scale, ground- mounted solar energy system shall not exceed twenty(20) feet. The height of an solar from ground level shall not exceed twenty(20) feet. (4) Lot Coverage The lot coverage requirements of the underlying zoning district and any pplicable overlay districts shall apply. However, the lot coverage shall be based upon permeability rather than use. Only permeable surfaces on the ground will be considered lot coverage. F. Landscape Plan and Buffering. (1) Landscaping shall be provided and maintained in accordance with the site plan approved by the Planning Board. (2) If a property owner (or designated representative) of a lot from which the proposed installation can be seen without obstruction requests a visual rendering of the proposed installation from a vantage point of their choosing on said lot, the applicant shall submit one as Dart of the Site Plan Review. The visual rendering must accuratelv reflect the horizontal and vertical scale of the installation, accessories, and landscape screening. (3) Landscaping shall be provided and maintained on the site to screen the solar energy system, the accessory facilities, and appurtenant structures as set forth below. Landscape screening shall be provided adjacent to: (a) Abutting properties where a front, side, or rear lot line of the solar energy ystem site adjoins (or is separated by public wad) a residential district or an existing residential use, as follows: i. Landscape screening shall consist of planting, the plantings to be of such height and depth as is needed and as determined by the Planning Board during Site Plan Review to adequately screen from view the solar energy system, accessories, appurtenant structures, and light sources. ii. Such a strip shall contain a continuous screen of planting of vertical habit in the center of the strip not less than three (3) feet in width and six (6) feet in height to maintain a dense screen throughout the year. iii. At least 75% of the plantings shall consist of evergreens and shall be evenly spaced along the length of the buffer strip iv. In lieu of continuous planting, a solid brick, stone, or wood fence of a design approved by the Planning Board, or a planted earthen berm of a design approved by the Planning Board may be established and maintained with the plantings in an amount of no less than 20% of the amount required above. v. Removal of healthy trees over five (5) inches in diameter at breast height (DBH) shall be minimized in the buffer strip to the maximum extent practicable. Any such trees as are removed shall be replaced onsite, one tree to be replaced for each tree removed. New or replacement trees must be at least two (2) inches DBH. vi. All landscaped areas including, but not limited to, walls and fences shall be properly maintained. Plantings that die shall be replaced within one growing season by the property owner. Plantings shall be maintained in accordance with the site plan for the duration of the presence of a solar energy ystem on the site. (b) When abutting public ways, in addition to landscaping in front and side yards mentioned above, landscape screening shall consist of planting, the plantings to be of such height and depth as is needed and determined by the Planning Board during Site Plan Review to screen adequately from view any unshielded light source, generated or reflected, either inside or outside. G. Relief by pecial Permit. Relief from setback, dimension, and height requirements, and landscape and buffering requirements, may be sought through Special Permit from the Planning Board. The Planning Board may consolidate the review of all applications that come under its jurisdiction into one review procedure. (1) A Special Permit for the aforementioned relief will only be awarded if the large- scale, ground- mounted solar energy ystem meets the following criteria: (a) The solar energy ystem serves as a canoe for or a parking lot or serves as another similar use, or (b) The applicant provides a description of the solar energy ystem and the technical, economic, and other reasons for the proposed location and design, to be prepared and signed by a registered professional engineer, and (c) Systems requiring a Special Permit shall comply with § 300 -91 Special Permit Uses. H. Design and Performance Standards. (1) Lighting Outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, shall be arranged to minimize glare and light spilling over the neighboring properties. Except for low -level intensity pedestrian lighting, all other lighting shall be designed and located so that: (a) The luminaire (LED) has an angle of cutoff less than 76 degrees, (b) A line drawn from the height of the luminaire (LED) along the angle of cutoff intersects the ground at a point within the development site, (c) The bare light bulb, lamp, or light source is completely shielded from direct view at any point five (5) feet above the ground on neighboring properties or streets, (d) Lighting shall be directional to preclude light pollution of neighbors or the night sky and shall be "Dark Sky" pliant and meet International Dark Sky FSA certification requirements, (e) The owner /manager shall be responsible for maintenance of lighting systems. Lighting shall not be kept on after 9:00 pm. unless there is an emergency required for safety purposes as determined by the Beverly Fire Department. (2) Signage Signs on large- scale, ground- mounted solar energy ystems shall comply with the City of Beverly Sign Ordinance and all other applicable requirements from Beverly's Code of Ordinances. A sign shall be required to identify only the owner or manager and provide a 24- hour emergency contact phone number. (3) Utility Connections Reasonable efforts shall be made to place all utility connections from large- scale, ground - mounted solar energy ystems underground, depending on appropriate soil conditions, shape, and topography of the site, as well as any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. (4) Roads Access roads shall be constructed to minimize grading, removal of stone walls or trees, and minimize impacts of environmental or historic resources. All access roads must be approve the Beverly Fire Department. (5) Hazardous Materials Hazardous materials stored, used, or generated on site shall not exceed the amount for a Very Small Quantity Generator of Hazardous Waste as defined by the DEP pursuant to MassDEP regulations 310 CMR 30.000, and shall meet all requirements of the DEP, including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outdoor environment. If any hazardous materials, including, but not limited to, lithium ion (storage batteries) are used within the solar electric equipment, then impervious containment areas capable of controlling and containing any release of hazardous materials to the environment and to prevent potential contamination of groundwater are required. A list of any hazardous materials proposed to be located on the site and a plan to prevent their release shall be provided to the Planning Board and Fire Department. The use of cadmium telluride solar panels is prohibited in the City of Beverly_ (6) Noise Noise generated by large- scale, ground- mounted solar energy ystems and associated equipment and machinery shall conform at a minimum to applicable state and local noise regulations, including the DEP's Division of Air Quality noise regulations, 310 CMR 7.10. (7) Visual Impacts and Glare The solar energysystem, including all accessories and appurtenant structures shall be designed to minimize visual impacts, including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings and adding vegetative buffers to provide an effective visual barrier from adjacent roads and screen abutting residential properties, regardless of development status. Siting shall be such that the view of the solar energy system from locations off -site shall be minimal. Reasonable efforts shall be made to design solar energy ystems to prevent reflected solar radiation or glare from becoming a public nuisance or hazard to adjacent buildings, roadway properties. Such efforts may include, but not be limited to, deliberate placement and arrangement, anti - reflective materials, solar glare modeling, and screening in addition to required landscapes (see Section H). I. Safety and Environmental Standards. (1) Emergency Services Prior to the issuance of a building permit for the construction of a large- scale, ground- mounted solar energysystem, the applicant shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. The owner or manager shall cooperate with local emergency services to develop the Emergency Response Plan. All means of shutting down the solar energy ystem shall be clearly marked. A responsible person shall be identified for public inquiries throughout the life of the installation. The identity of this person may be updated at any time. No building permit shall be issued before the Fire Chief has approved the site plan and Emergency Response Plan. (2) Land Clearing and Soil Erosion The facility shall be designed to minimize impacts to environmentally sensitive land. The clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of the large- scale, ground- mounted solar energysystem. Top soil will not be removed from the site. Clear cutting of forest shall not exceed five (5) acres. The facility design shall minimize the use of concrete and other impervious materials to the maximum extent possible. (3) Habitat Impacts Large- scale, ground- mounted solar energy ystems shall not be located on Permanently Protected Open Space or Priority Habitat and BioMap 2 Critical Natural Landscape Core Habitat area mapped by the Natural Heritage and Endangered Species Program (NHESP), and shall be designed to minimize impacts to "Habitat of Potential Regional or Statewide Importance" or "Important Habitat" mapped by the DEP to the maximum feasible extent. J. Monitoring, Maintenance, and Annual Reporting (1) Solar Energy ystem Conditions Solar energy ystems shall be maintained in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and maintaining the integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief as provided in the Emergency Response Plan. The owner or manager of the facility shall be responsible for the cost of maintaining the solar energy ystem and any access roads. (2) Modifications All material modifications to a large- scale, ground- mounted solar energy ystem made after issuance of the required building permit shall require approval by the Municipal Inspections Department. (3) Annual Reporting All solar energy ystems requiring a Site Plan Review shall provide Annual Reports to the Planning Department and the Municipal Inspections Department no later than 45 days after the end of the calendar year. The Annual Report shall be provided by either the owner of the system or the individual in charge of operation and maintenance, and shall include, but not be limited to, control of vegetation, noise and light standards, and adequacy of road access. The Annual Report shall also provide information on the maintenance completed during the course of the year, the amount of electricity generated by the facility, and the amount of surety available for decommissioning or indemnification (see Section L3). K. Abandonment, Decommissioning, Financial Surety, and Indemnification. (1) Removal Requirements Any large- scale, ground- mounted solar energy ystem which has reached the end of its useful life or has been abandoned consistent with Section L2 of this ordinance shall be removed. The owner or manager shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or manager shall notify the Planning Department by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of (a) Physical removal of all large- scale, ground- mounted solar energysystems, structures, equipment, security barriers, and appurtenant structures including, but not limited to, equipment shelters, storage facilities, transformers, and substations, and transmission lines from the site: (b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations. (c) Stabilization or re- vegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or manager to leave landscaping or designated below -grade foundations in order to minimize erosion and disruption to vegetation. (2) Abandonment Absent written notice of the proposed date of decommissioning or written notice of extenuating circumstances, the solar energy ystem shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. Upon written request from the Municipal Inspections/Building Department, addressed to the contact address provided and maintained by the owner and operator as required above, the owner or operator shall provide evidence to the Municipal Inspections/Building Department demonstrating continued use of the installation. Failure to provide such evidence within thirty(30) days of such written request shall be conclusive evidence that the installation has been abandoned. If the owner or manager of the solar energy ystem fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the City of Beverly retains the right, after receipt of an appropriate court order, to enter and remove an abandoned, hazardous, or decommissioned large- scale, ground- mounted solar energysystem. As a condition of site plan or Special Permit approval, the application, system owner, and /or landowner shall agree to allow entry to remove an abandoned or decommissioned installation. The City's cost for the removal will be charged to the property owner. (3) Financial Surety Owners or managers of large- scale, ground- mounted solar energy ystems shall provide a form of surety, either through escrow account, bond, or other form approved by the Planning Board to cover the cost of removal in the event the City must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent and the City. Such surety will not be required for municipal -owned facilities. The project proponent shall submit a full inclusive estimate of the costs associated with removal, prepared by qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. The owner or manager shall replenish the surety as necessary to maintain an adequate amount, as determined by the Planning Board in accordance with the requirements of this ordinance. (4) Indemnification The owner /manager(s) of the large- scale, ground- mounted solar energy ystem shall indemnify and hold harmless the City of Beverly and /or any of its citizens from any and all liabilities, losses and /or damages, including reasonable attorney fees, resulting from the failure of the owner /operator(s) to comply with the terms of this ordinance and /or negligence in the operations and maintenance of any structures built in accordance with it. Any provided for in this ordinance shall be available for the aforementioned indemnification. L. Severability. The provisions of this ordinance are severable, and invalidity section, subdivision, subsection, paragraph, or other part of this ordinance shall not affect the validity or effectiveness of the remainder of this ordinance. For any provision of this ordinance that conflicts with another state or local ordinance, the most restrictive provision shall apply. Add new Section 300 -136. Small -Scale Ground - Mounted Solar Energy Systems A. Purpose. The purpose of this ordinance is to encourage the responsible development of small -scale ground- mounted solar energysystems. Small- scale, ground- mounted solar energy ystems shall be considered accessory structures to both residential and non- residential uses. B. Applicability. This section applies to small - scale, ground- mounted solar energysystems, including associated equipment. Small- scale, ground- mounted solar energy ystems are permitted by right as accessory C. General Requirements. (1) Small- scale, ground- mounted solar energy ystems shall be permitted anywhere in a side or rear yard of any lot if theme (a) Have rear yard setbacks of at least 10 feet, (b) Conform to side yard setback requirements of the underlying zoning district for principal uses, (c) Are not located between a building wall and any street, and (d) Are no taller than 10 feet in height or a height equal to' /z the distance to the nearest lot line. to a maximum of 20 feet. (2) Small- scale, ground- mounted solar energy ystems shall be located so that the entirety system and associated equipment falls within the setback requirements. (3) All small - scale, ground- mounted solar energy ystems must comply with all applicable local, state, and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. D. Special Permits. A Special Permit from the Planning Board shall be required for any small - scale, ground- mounted solar energy ystem that does not meet the aforementioned requirements. When considering a Special Permit, the Planning Board shall consider the additional performance standards required for Large- Scale, Ground - Mounted Solar Energy Systems in § 300- 135(H), as well as additional landscaped buffering to reduce visual impacts on adjacent properties. However, approval of a Special Permit is not contingent on the strict application of these performance standards. (1) Systems requiring a Special Permit shall comply with § 300 -91 Special Permit Uses E. Design and Performance Standards. (1) Lighting, Visual Impacts, and Glare Outdoor lighting for the purpose of illuminating small - scale, ground- mounted solar energy systems is not permitted. The solar energysystem, including all accessories and appurtenant structures shall be designed to minimize visual impacts, including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings and adding vegetative buffers to provide an effective visual barrier from adjacent roads and screen abutting residential properties, regardless of development status. Siting shall be such that the view of the solar energy ystem from locations off -site shall be minimal. Reasonable efforts shall be made to design solar energy ystems to prevent reflected solar radiation or glare from becoming a public nuisance or hazard to adjacent buildings, roadway properties. Such efforts may include, but not be limited to, deliberate placement and arrangement, anti - reflective materials, solar glare modeling, and screening in addition to required landscaping. (2) Utility Connections Reasonable efforts shall be made to place all utility connections from small - scale, ground - mounted solar energy ystems underground, depending on appropriate soil conditions, shape, and topography of the site, as well as any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. (3) Noise Noise generated by small - scale, ground- mounted solar energy ystems and associated equipment and machinery shall conform at a minimum to applicable state and local noise regulations, including the DEP's Division of Air Quality noise regulations, 310 CMR 7.10. Add new Section 300 -137. Roof - Mounted Solar Energy Systems A. Purpose. The purpose of this ordinance is to encourage the responsible development of roof - mounted solar energysystems. Roof - mounted solar energy ystems shall be considered accessory structures to both residential and non - residential uses. B. Applicability. This section applies to roof - mounted solar energysystems, including associated equipment. Roof - mounted solar energy ystems are permitted by right in all districts as accessory C. General Requirements. (1) All roof - mounted solar energy ystems must comply with all applicable local, state, and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. (2) All roof - mounted solar energy ystems located in a local historic district shall comply with all applicable local, state, and federal requirements, including but not limited to Chapter 168, Article I: Historic Districts, of the Beverly Code of Ordinances, and the Historic Districts Act, Massachusetts General Laws Chapter 40C, Section 6. This section states that before any building located in a local historic district is constructed or altered in a way that affects exterior architectural features, a certificate of appropriateness, a certificate of non - applicability, or a certificate of hardship must be issued. Such certificates shall be issued by the Beverly Historic District Commission. (3) Roof - mounted solar energy ystems shall not extend more than 5 feet above the highest point of the roof. D. Special Permits. A Special Permit from the Planning Board shall be required for any roof- mounted solar energy ystem that does not meet the height requirement. Systems requiring a Special Permit shall comply with § 300 -91 Special Permit Uses First Reading: Tuesday, 29 May 2018 Second Reading: Monday, 4 June 2018 Published in the Salem News on Friday, 8 June 2018 Final Passage: Monday, 18 June 2018. Order read once and adopted – Vote: 9 -0 Council President entertained a Motion to Take Order #1176 out of Legal Affairs to consider it On the Floor — Approved - Vote: 9 -0. He then requested City Solicitor Stephanie Williams to explain the process of Amending the original Order #117 and advise Council on how to proceed with adoption of the Order(s). Solicitor explained the process of Amending the original Order, discussion ensued on the Council, commending Councilor Rand for her hard work on the Ordinance, the Mayor voiced his support for the Ordinance and his praise for Councilor Rand and everyone who worked on it, and stated how much more there is to do in dealing with environmental issues. Reports of Committees: #117 The Committee on Legal Affairs to whom was referred the matter of Amended Ordinance — Plastic Bags (Councilor Rand), 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: 9 -0. City Solicitor Stephanie Williams advised that as Legal Affairs had not voted on 2018 -1176, the Amended Ordinance, there were a couple of ways in which to proceed — after some discussion, it was suggested that Councilor Rand make a Motion to Reconsider the vote just taken, which she did — Approved: 9 -0. Then Council President entertained a Motion to Accept Order 2018 -117 as amended by Order 2018 -1176. Approved — Vote: 9 -0, Clerk adding that Order would be recorded as "Approved, pending Publication and Final Passage ". #117A The Committee on Legal Affairs to whom was referred the matter of Communication — Mayor— Support for Amended Ordinance — Plastic Bags (Councilor Rand), have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted — Vote: 9 -0. Public Hearings: 1. #058A – 7:35 PM – Loan Authorization – Parking Equipment Public Hearing held & closed – Referred back to Finance & Property 2. #110A – 7:40 PM –Loan Authorization –Pershing Avenue Pump Station Public Hearing held & closed – Referred back to Finance & Property 3. #111A– 7:45 PM –Loan Authorization – Brimbal Avenue Standpipe Public Hearing held & closed – Referred back to Finance & Property Reports of Committees (continued): #058A The Committee on Finance & Property to whom was referred the matter of Communication — Mayor— Loan Authorization — Parking Equipment, 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: 9 -0 #110A The Committee on Finance & Property to whom was referred the matter of Communication — Mayor Loan Authorization — Pershing Avenue Pump Station, 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: 9 -0 #111A The Committee on Finance & Property to whom was referred the matter of Communication — Mayor — Loan Authorization — Brimbal Avenue Standpipe, 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: 9 -0 #133 The Committee on Finance & Property to whom was referred the matter of Communication — Finance Director/ Treasurer — Reauthorization of Revolving Funds, 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: 9 -0 #138 The Committee on Finance & Property to whom was referred the matter of Communication — Mayor — Local Option — Increase Qualifying Asset Limit for Clause 17D, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Request Order read once and adoated — Vote: 9 -0 #139 The Committee on Finance & Property to whom was referred the matter of Communication — Mayor — Local Option — Increase Personal Exemption Amount for Clause 41 C, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Request Order read once and adoated — Vote: 9 -0 #140 The Committee on Finance & Property to whom was referred the matter of Communication — Mayor — Local Option — Increase Personal Exemption Amount for Clause 17D, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Request Order read once and adopted as amended by Councilor Houseman, seconded by Council Martin, Dean (Vote: 9 -0) to replace the number "45th" in the second line of Mr. Caron's recommendation to the Mayor, with the number "55th ", said correction havina been Drovided to the Clerk by the Finance Director earlier todav — Vote: 9 -0 #145 The Committee on Finance & Property to whom was referred the matter of Communication — Mayor — Grant — FAA —ALP Update - $89,370 -> Beverly Airport, 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: 9 -0 #146 The Committee on Finance & Property to whom was referred the matter of Communication — Mayor — Grant MA- EOF &EA - $32,500 -> MVP Climate Community, 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: 9 -0 #147 The Committee on Finance & Property to whom was referred the matter of Communication — Mayor — Grant MA- EOH &ED - $71,367 -> Glovers Wharf Pilings, 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: 9 -0 #067 The Committee on Legal Affairs to whom was referred the matter of Communication — Mayor — Appointment — Planning Board — William Boesch, 131 Rantoul ST, Unit #21, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Appointment Order read once and adopted — Vote: 9 -0 Meeting Adjourned: 8:19 PM Attest: D. Wesley Slate, Jr. City Clerk 122 122