beverly city council agenda - 4.19.16

44
Office of the City Clerk 191 Cabot Street Beverly, Massachusetts, 01915 978-605-2326 P. We.51eAd 51.414&, Jr. k. Apsit: C.4rd CrLe4-k, April 14, 2016 This is to inform you that the following meetings have been scheduled for the week of April 18, 2016 at Beverly City Hall, 191 Cabot Street, 3rd Floor, Beverly, MA 01915: Monday, April 18, 2016— Patriots Day Holiday — Municipal Offices Closed Tuesday, April 19, 2016 - 7:00 PM - Regular City Council Meeting — Council Chamber Public Speakers (to be scheduled on Final Agenda by Tuesday @ 9:30 AM deadline to sign up): None Public Hearings: None Acceptance of Minutes: See attached Agenda Appointments / Communications from His Honor the Mayor: See attached Agenda Communications from Other City Officers & Boards: See attached Agenda Communications, Applications & Petitions: See attached Agenda Presentations, Awards and Memorials: None Final Passage: See attached Agenda Enclosed are the Agendas for the Meetings for the week of April 18, 2016 and all correspondence relative to those Meetings as we have it to date. Please bring these with you to the Meeting. All Committees routinely posted for Committee work within confines of this City Council Meeting: Finance & Property — Public Services — Legal Affairs - Committee of the Whole. D. Wesley Slate, Jr. City Clerk

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Beverly City Council Meeting Agenda for Tuesday, April 19, 2016

TRANSCRIPT

Page 1: Beverly City Council Agenda - 4.19.16

Office of the City Clerk 191 Cabot Street

Beverly, Massachusetts, 01915 978-605-2326

P. We.51eAd 51.414&, Jr. k. Apsit: C.4rd CrLe4-k,

April 14, 2016

This is to inform you that the following meetings have been scheduled for the week of April 18, 2016 at Beverly City Hall, 191 Cabot Street, 3rd Floor, Beverly, MA 01915:

Monday, April 18, 2016— Patriots Day Holiday — Municipal Offices Closed

Tuesday, April 19, 2016 - 7:00 PM - Regular City Council Meeting — Council Chamber

Public Speakers (to be scheduled on Final Agenda by Tuesday @ 9:30 AM deadline to sign up): None

Public Hearings: None

Acceptance of Minutes: See attached Agenda

Appointments / Communications from His Honor the Mayor: See attached Agenda

Communications from Other City Officers & Boards: See attached Agenda

Communications, Applications & Petitions: See attached Agenda

Presentations, Awards and Memorials: None

Final Passage: See attached Agenda

Enclosed are the Agendas for the Meetings for the week of April 18, 2016 and all correspondence relative to those Meetings as we have it to date. Please bring these with you to the Meeting. All Committees routinely posted for Committee work within confines of this City Council Meeting: Finance & Property — Public Services — Legal Affairs - Committee of the Whole.

D. Wesley Slate, Jr. City Clerk

Page 2: Beverly City Council Agenda - 4.19.16

DRAFT AGENDA Regular Meeting of Beverly City Council

Tuesday, 19 April 2016 @ 7:00 PM

Roll Call of Members:

Pledge of Allegiance to the Flag at which all persons present will comply: Councilor Martin

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

Presentations, Awards and Memorials: None

Public Hearings: None

Acceptance of Minutes of Previous Meetings: 1. Wednesday, March 30, 2016 Joint Meeting with School Committee 2. Monday, April 4, 2016 Regular Meeting 3. Monday, April 11, 2016 Special Meeting

Communications from His Honor the Mayor: 1. #0xx — TIF Agreement for Hi-Res 2. #0xx — Budgetary Transfers 3. #0xx — Grant for Council on Aging 4. #0xx — Reappointment — Constable — Timothy J. Rubchinuk, 4 Shortell Avenue

Communications, from other City Officers and Boards: 1 #0xx — City Clerk re: Municipal Clerks Week, 1-7 May 2016 2. #0xx — Finance Director re: BANs 3. #055B — Planning Board Recommendation re: #055A 4. #067A — Parking & Traffic Recommendation re: #067 5. #068A — Parking & Traffic Recommendation re: #068

Communications, Applications and Petitions: 1. #0xx,— Communication — Mass Development re: Sterling Machine Company, Inc. 2. #0xx — Communication — Mass DEP re: Cummings Center, 181 Elliott Street 3. #0xx — Application — License to Peddle — Cut Flowers — Joan Bediz, 34 Rocky Hill

Road / Essex 4. #0xx — Communication — Mass State Lottery Commission re: Keno @ T D Family Mkt

Reports of Committees: See attached Agendas: Notice is hereby given that Committees also may meet during a recess of the full Council, and consider any Agenda item identified herein or on the attached reports, and report back to the full Council on such matters when it reconvenes:

Resolutions: None Unfinished Business:

1. #081 — Communication — Mayor re Amended Ordinance — Consignment Shop Sunday Openings (2nd Reading)

Final Passage: 1. #014— Amended Zoning Ordinance re: New Land Use Categories

Motions and Orders: None

The listing of the foregoing matters are those reasonably anticipated by the President up to 48 hours prior to the

scheduled Meeting time. Not all items listed on the Agenda may be discussed or reached by the City Council.

To the extent permitted by law, matters may be discussed that are submitted or arise within 48-hours of the

scheduled Meeting if they were not reasonably anticipated by the President.

Page 3: Beverly City Council Agenda - 4.19.16

James F. Latter - Chairman Paul M. Guanci Jason C. Silva

FINANCE AND PROPERTY / COMMITTEE OF THE WHOLE Monday, April 11, 2016

Beverly City Hall 6:45 PM

GIEllnemr Date to Committm DESCRIPTION Action

Taken

#82 04/04/2016 Communication from the Mayor re: Formalization of City's Investment Policy

H 2 - 0

#86 04/0/2016 Communication from Police Chief — Re: Cummings Properties Donation of $10,000 to fund new reflective jackets for officers working high traffic areas

A 3 - 0

Finance & Property/Committee of the Whole was called to order by Chairman Jim Latter at 6:45 PM

Also in attendance: Councilors Jason Silva, Paul Guanci, Estelle Rand, Don Martin, David Lang, Scott Houseman and Finance Director Bryant Ayles

Re: #82 — Chairman Jim Latter asked Finance Director Bryant Ayles for overview of the Formalization of the City's Investment Policy and after questions and discussion regarding the submission and the Memo and attachments of April 10, 2016 from Kathy Griffin, City of Beverly Budget/Management Analyst. At 6:50 PM Councilors David Lang, Don Martin and John Frates Left to attend the scheduled Public Services Committee meeting. Further discussion was required and due to the Special City Council meeting scheduled for 7:00 PM, Chairman St. Hilaire recessed the Finance & Property Committee meeting at 6:58 PM and requested the Committee to reconvene again upon Adjournment of the City Council Meeting.

At 7:16 PM, upon adjournment of the City Council Meeting, Chairman Matt St. Hilaire called to order and reconvened the Finance & Property Committee Meeting.

Also in attendance: Councilors Jim Latter, Jason Silva, Matt and Matt St. Hilaire. After further discussion with Finance Director Bryant Ayles It was decided some adjustments to be made and incorporated into the formalization of the City's Investment Policy, which Bryant will submit for the next Finance & Property Committee meeting.

Meeting Adjourned at 7:20 PM

Page 4: Beverly City Council Agenda - 4.19.16

Matthew J. St. Hilaire - Chairman Scott D. Houseman Estelle M. Rand

LEGAL AFFAIRS / COMMITTEE OF THE WHOLE Tuesday Npril 19, 2016

Beverly City Hall 7:00 PM

**WITHIN THE CONFINES OF THE CITY COUNIL MEETING

)ORDER NUMBER

DATE TO COMMMEE

DESCRIPTION ACTION

#38 01/19/2016 Communication — Beverly Police Benevolent Assoc. Re: Amended Ordinance — Pay Raises

#48 02/01/2016 Communication-BPD Traffic Sgt DiRuzza to amend an ordinance XXI, Section .21.134 "No Parking Both Sides" — Add Court St. ** Pending P & T recommendation

#53 02/01/2016 Councilor Martin — Petition from constituents on Brimbal Hill Drive ** Pending P & T recommendation

#55 02/01/2016 All Councilors (except Latter) order — Zoning Ordinance to be amended as follows: Delete within the IR Zoning District, the overlay district designated as the "IR Overlay" district, comprised to the following City of Beverly Tax Assessor Map 55, Lots 19, 20, 21, 23, 24 and Map 56 Lots 20, 20A Jt PH held/closed & back to Committee

#55A 03/07/2016 Communication from Asst. Planning Director to set a Jt. Public Hearing w/Planning Board for 04/04/2016 @ 8:00 PM " Jt PH held/closed & referred back to Committee

#67 03/07/2016 Communication — BPD Traffic Safety Sgt DIRuzza-ordinance change-Section 21.12(l) a Stop Sign at Overlook Ave at Echo Ave **Pending P & T recommendation

#68 03/07/2016 Communication- BPD Traffic Safety Sgt DiRuzza — ordinance change re: Stop Sign @ Reservoir Rd & Sohier Rd **Pending P & T recommendation

#70 03/07/2016 Communication from Councilor Latter re: Handicapped Sign © 19 Grant Street **Pending P & T recommendation

#72 03/07/2016 Communication- Council President Guanci — Re: Beverly Middle School project — for Parking & Traffic Comm. to review project & make recommendations **Pending P & T recommendation

Page 5: Beverly City Council Agenda - 4.19.16

Scott D. Houseman Estelle M. Rand

LEGAL AFFAIRS / COMMITTEE OF THE WHOLE Monday, April 11, 2016

Beverly City Hall 6:30 PM

)ORDER NUMBER

DATE TO COMMMEE

DESCRIPTION ACTION

#38 01/19/2016 Communication — Beverly Police Benevolent Assoc. Re: Amended Ordinance — Pay Raises H

#48 02/01/2016 Communication-BPD Traffic Sgt DiRuzza to amend an ordinance XXI, Section .21.134 "No Parking Both Sides" — Add Court St. ** Pending P & T recommendation

H

H #53 02/01/2016 Councilor Martin — Petition from constituents on

Brimbal Hill Drive ** Pending P & T recommendation

#55 02/01/2016 All Councilors (except Latter) order — Zoning Ordinance to be amended as follows: Delete within the IR Zoning District, the overlay district designated as the °IR Overlay" district, comprised to the following City of Beverly Tax Assessor Map 55, Lots 19, 20, 21, 23, 24 and Map 56 Lots 20, 20A Jt PH held/closed & back to Committee

H

#55A 03/07/2016 Communication from Asst. Planning Director to set a Jt. Public Hearing w/Planning Board for 04/04/2016 @ 8:00 PM ** Jt PH held/closed & referred back to Committee

H

#67 03/07/2016 Communication — BPD Traffic Safety Sgt DiRuzza-ordinance change-Section 21.12(1) a Stop Sign at Overlook Ave at Echo Ave **Pending P & T recommendation

H

#68 03/07/2016 Communication- BPD Traffic Safety Sgt DiRuzza — ordinance change re: Stop Sign © Reservoir Rd & Sohier Rd **Pending P & T recommendation

H

#70 03/07/2016 Communication from Councilor Latter re: Handicapped Sign @ 19 Grant Street **Pending P & T recommendation

H

#72 03/07/2016 Communication- Council President Guanci — Re: Beverly Middle School project — for Parking & Traffic Comm. to review project & make recommendations **Pending P & T recommendation

H

#81 04/04/2016 Communication from Mayor Re: amending ordinance — Consignment Shop Sunday Openings A 3 - 0

#84 04/04/2016 Reappointment by Mayor— Suzanne LaMont to serve on the Beverly Historic District Commission A 3 - 0

#87 04/04/2016 Communication from City Clerk — 2na Hand Junk/Valuables Dealer License Renewals A 3 - 0

Page 6: Beverly City Council Agenda - 4.19.16

Scott D. Houseman Estelle M. Rand

LEGAL AFFAIRS / COMMITTEE OF THE WHOLE Monday, April 11, 2016

Beverly City Hall 6:30 PM Page 2

)ORDER NUMBER

DATE TO COMMITTEE

DESCRIPTION ACTION

#88 04/04/2016 Communication from City Clerk re: Burial Permit fee increase from $15.00 to $25.00 A 3 - 0

#90 04/04/2016 Application — License to Peddle — Vincent Frongillo, 22 1/2 Johnston Ter, Saugus, MA — Food Truck A 3 - 0

Legal Affairs/Committee of the Whole was called to order at 6:30 PM by Chairman Matt St. Hilaire

Also in attendance: Councilors Estelle Rand, Scott Houseman, Don Martin, Jim Latter, John Frates, Jason Silva and Assistant City Solicitor Eitan Goldberg

Re: #38 — Chairman St. Hilaire requested discussion with City Solicitors and order held

Re: #48, 53, 67, 68, 70, 72 held pending recommendation from Parking &Traffic Commission

Re: #55, 55A — held pending Planning Board recommendation

Re: #81 — Chairman St. Hilaire asked Solicitor Goldberg's opinion and since many retail stores are open for business on Sundays, he felt ordinance change would be appropriate. Approved in Committee 3 — 0

Re: #84 - Reappointment Approved in Committee 3 — 0

Re: #87 - Renewal Applications and fees being received by City Clerk and Licenses approved pending receipt of individual application and payment. Approved in Committee 3 — 0

Re: #88 - Fee increase was requested by City Clerk to coincide with surrounding Communities fees. Approved in Committee 3 — 0

Re: #90 — Mr. Frongillo attended and advised he's been in business for 21 years and works with the contractor in charge of the Memorial School job site, explained his operations and food truck service and catering, his application was application — Certificate of Character — was approved by Police Chief LeLatheur and license approved pending approval of Health Department inspection.

Meeting adjourned at 6:45 PM

Page 7: Beverly City Council Agenda - 4.19.16

David J. Lang - Chairman Donald G. Martin John P. Frates, Jr

PUBLIC SERVICES / COMMITTEE OF THE WHOLE Monday, April 11, 2016

BEVERLY CITY HALL 6:50 PM

Order Number

Date to Committee (ascription

Action Taken

#83 04/04/2016 Appointment — Matthew Ulrich to the Design Review Board A 3 - 0

#85 04/04/2016

Reappointments - Toni Musante and Rebecca Dupont Coutre — Beverly Recycles ( formerly )Solid Waste Management Committee)

A 3 - 0

Public Services was called to order by Chairman David Lang at 6:50 PM

Also in attendance: Councilors Don Martin and John Frates

Re: Order #83: Matthew Ulrich attended and explained his interest in serving on the Design Review Board - Appointment Approved 3 - 0

Meeting Adjourned at 6:57 PM

Page 8: Beverly City Council Agenda - 4.19.16

David J. Lang - Chairman Donald G. Martin John P. Frates, Jr

PUBLIC SERVICES / CO ITTEE OF THE WHOLE Monday, April 11, 2016

BEVERLY CITY L 6:50 PM

Order Number

Date to Committee Description

Action Taken

#83 04/04/2016 Appointment - Matthew Ulrich to the Design Review - . rd A 3 - 0

#85 04/04/2016

Reappointments - Toni Musante and Rebecca Dupont Coutre - Beverly Recycles ( formerly )Solid Waste Management Committee)

A 3 - 0

Public Services was called to order by Chairman David Lang at 6:50 PM

Also in attendance: Councilors Don Martin and John Frates

Re: Order #83: Matthew Ulrich attended and explained his interest in serving on the Design Review Board - Appointment Approved 3 - 0

Meeting Adjourned at 6:57 PM

Page 9: Beverly City Council Agenda - 4.19.16

Municipal Clerks Week May 1 - 7, 2016

Page 10: Beverly City Council Agenda - 4.19.16

To uphold constitutional government and- the laws of myl community,. 't.kX

To so conduct my public am( prirvate life as to be an e.vmple to my fellow citizen;

To impart to my profession those standards of quality and integrity that the conduct of the affairs of my office shafri

be above reproach and to merit public confidence in our. community;

To be ever mindful of my neutrality and - impartiality, rendering equal service to all and to extend the same

treatment I wish to receive myse_tfi

To record that which is true and preserve that which is entrusted to me as f - it were my own; and

To strive constantly to improve the administration of the affairs of my office consistent with applicable Caws and through sound management practices to produce

continua f progress anc r fulfill- my responsibilities to my community and others.

46th Annual"

914unicipal Clerks, Week Wlay 1 - 91lay 7, 2016

_

Page 11: Beverly City Council Agenda - 4.19.16

11A4C News Digest

MAY 1 -7, 2016

IIMC's 47th Annual Municipal Clerks Week, to take place May 1 - May 7, 2016, will feature a week-long series of activities aimed at increasing the public's awareness of Municipal Clerks and the vital services they provide for local government and the community.

Although it is one of the oldest positions in local government, few people realize the vital services Municipal and Deputy Clerks perform for their community. Primarily, they act as the cornerstone of their council. Do you know what your Municipal Clerk does for your Community? Here's just a few of the many duties your Municipal Clerk may do:

Maintain the official council minutes, ordinance books and all records and documents.

Index all official actions of council.

Issue licenses and permits. Process contracts and agreements. Keep community history and vital records.

Receive, distribute and file correspondence from citizens and other governmental agencies.

Administer election, registration and voting. It can take Municipal Clerks months to organize and prepare this key element in the democratic process which must be done correctly for the whole system to work!

Act as a key liaison between local government and its citizens.

Handle significant financial responsibilities including preparation of tax rolls, special assessments and budgets.

Provide central services such as personnel, purchasing, etc.

One of local government's deep-rooted titles is the Municipal Clerk, and duties have expanded over the years. Today, modern technology assists with all of the increasing responsibilities. IIMC provides the tools to be sure all Municipal and Deputy Clerks can properly operate new computer applications, are current regarding the latest records manage-ment techniques and other relevant information, and can return to the classroom to increase their knowledge of these issues, to learn new material and sharpen old skills- all in order to give the best service possible!

IIMC has sponsored Municipal Clerks Week since 1969. In 1984 and 1994, Presi-dents Ronald Reagan and Bill Clinton, respectively, signed a Proclamation offi-cially declaring Municipal Clerks Week the first full week of May and recognizing the essential role Municipal Clerks play in local government. During this week, Municipal Clerks throughout the world will host open houses and tours of the Municipal Clerk's office, visit local schools and participate in other various events.

You can find promotional materials for Municipal Clerk's Week under the Membership tab Municipal Clerk's Week at www.iimc.com.

Page 12: Beverly City Council Agenda - 4.19.16

MUNICIPAL i

i

.1

] , 1 f Ill 1 ,I i

111 May 1 -72016

Although it is one of the oldest positions in local government, few people realize the vital

services Municipal and Deputy Clerks perform for their community. Primarily, they act as the

cornerstone of their council. Do you know what your Municipal Clerk does for your

Community? Here's just a few of the many duties your Municipal Clerk may do:

• Maintains the official council minutes, ordinance books,

records and documents.

• Indexes all official actions of council.

• Issues licenses and permits.

• Processes contracts and agre:)ments.

• Keepers of community history and vital records.

• Receives, distributes and files correspondence from citizens and

other governmental agencies.

• Administers elections, registration and voting. It takes Municipal Clerks months to

organize and prepare this key element in the democratic process which must be

done correctly for the whole system to work!

• Acts as a key liaison between local government and its citizens.

• Handles significant financial responsibilities including preparation of tax rolls,

special assessments and budgets.

• Provides central services such as personnel, purchasing, etc.

One of local government's deep-rooted titles is the Municipal Clerk, and their duties have

expanded over the years. Today, modern technology assists them with their increasing

responsibi ities. IIMC provides the tools to be sure your Municipal and Deputy Clerks can

properly operate new computer applications, are current regarding the latest records man-

agement techniques and other relevant information, and they may return to the

classroom to increase their knowledge of these issues, to learn new material and sharpen old

skills- all in order to give you the best service possible!

IIMC has sponsored Municipal Clerks Week since 1969. In 1984 and in

1994, Presidents Ronald Reagan and Bill Clinton, respectively, signed a Procla-

mation officially declaring Municipal Clerks Week the first full week of May and

recognizing the essential role Municipal Clerks play in local government. During

this week, Municipal Clerks throughout the world will host open

houses and tours of the Municipal Clerk's office, visit local

schools and participate in other various events.

yOteit, efrit4 a,Oatet. today/

Page 13: Beverly City Council Agenda - 4.19.16

47th Annual Municipal Clerks Week May 1-7, 2016 FACT SHEET

Sponsored by the International Institute of Municipal Clerks

Professionalism In Local Government Through Education

PURPOSE To recognize the vital and appreciated services performed by Municipal and Deputy Clerks in serving the changing needs of their communities.

HISTORY Municipal Clerks Week was initiated in 1969 by IIMC and is endorsed by all of its members throughout the United States, Canada and 15 other countries. In 1984 and in 1994, Presidents Ronald Reagan and Bill Clinton, respectively, signed a Proclamation officially declaring Municipal Clerks Week the first full week of May and recognizing the essential role Municipal Clerks play in local government.

TYPICAL RESPONSIBILITIES OF THE MUNICIPAL AND DEPUTY CLERK:

• Maintains the official council minutes, ordinance books and all records and documents.

• Indexes all official actions of council.

• Issues licenses and permits.

• Processes contracts and agreements.

• Keepers of community history and vital records.

• Receives, distributes and files correspondence from citizens and other governmental agencies.

• Administers elections, registration and voting.

• Acts as a key liaison between local government and its citizens.

• Handles significant fmancial responsibilities including preparation of tax rolls, special assessments and budgets.

• Provides central services such as personnel, purchasing, etc.

IIMC is a professional association of City, Village, Town, Township, Borough and County Clerks, Secretaries and Recorders. IIMC prepares its members to meet the challenges of the diverse role of the Municipal and Deputy Clerk by providing services and continuing professional development opportunities to benefit members and the government entities they serve. Founded in 1947 in French Lick, Indiana, IIMC has 9,500 members throughout the United States, Canada and 15 other countries.

Page 14: Beverly City Council Agenda - 4.19.16

International Institute of Munici al Clerks Professionalism in Local Government

CONTACT: Chris Shalby FOR IMMEDIATE RELEASE Executive Director 909/944-4162 ([email protected])

IIMC ANNOUNCES 47th ANNUAL MUNICIPAL CLERKS WEEK May 1-7. 2016

RANCHO CUCAMONGA — January 2016 -- The International Institute of Municipal Clerks

(IIMC), a professional non-profit association with 10,000 members comprised of City, Town,

Township, Village, Borough, Deputy and County Clerks throughout the United States, Canada

and 15 other countries, announces its 47th Annual Municipal Clerks Week—May 1 through May

7, 2016. This event features a weeklong series of activities aimed at increasing the public's

awareness of Municipal Clerks and the vital services they provide for local government and the

community.

IIMC has sponsored Municipal Clerks Week since 1969. In 1984 and in 1994, Presidents

Ronald Reagan and Bill Clinton, respectively, signed a Proclamation officially declaring

Municipal Clerks Week the first full week of May and recognizing the essential role Municipal

Clerks play in local government. During this week, Municipal Clerks throughout the world will

host open houses and tours of the Municipal Clerk's office, visit local schools and participate in

other various events.

"The true worth of the Municipal and Deputy Clerk is often not realized," said IIMC

President Monica Simmons, MMC, and City Clerk for the City of Seattle, Washington. "But

Clerks perform some of the principal functions of the democratic process."

"One of the most important responsibilities Clerks administer is advising their

municipality's council of the legislative restrictions that apply to the ordinances and resolutions

they wish to enact," said Simmons.

MORE

Page 15: Beverly City Council Agenda - 4.19.16

Municipal Clerks Week 2-2-2-2-2

Municipal and Deputy Clerks' main function is to serve as the council's foundation.

Other duties include, but are not limited to, preparing agendas, taking minutes, maintaining

ordinance and resolutions files, keeping the municipality's historical records, processing permits

and serving as the clearinghouse for information about the local government.

They also record the actions of the various commissions and committees appointed by the

council. Many serve as financial officers or treasurers and, in small municipalities, may act as

chief administrative officers. Another important responsibility is administering part or all of the

local election functions.

"The public often takes the administration of an election for granted," stated Simmons.

"In reality, it takes Municipal Clerks months to organize and prepare this key element in the

democratic process which must be done correctly for the whole system to work."

One of local government's oldest positions is the Municipal Clerk. Their duties have

expanded over the years and, today, modern technology assists them with their increasing

responsibilities. To stay abreast of new computer applications, records management and other

relevant information, many Municipal and Deputy Clerks return to the classroom to increase

their knowledge of these issues, learn new material and sharpen old skills.

"Because some elements of government are constantly changing, Clerks must stay

current of changes so they can advise their council and inform their community," said Simmons.

"As the focus of each level of government changes, Clerks must also adapt."

Founded in 1947, IIMC is a professional nonprofit association with more than 10,000

members throughout North America and 15 other countries, representing municipalities with

populations of 1,000 to more than 8 million. IIMC prepares its membership to meet the

challenge of the diverse role of the Municipal Clerk by providing services and continuing

educational development opportunities in 46 permanent college-and university-based learning

centers. IIMC offers Municipal and Deputy Clerks a Certified Municipal Clerk Program (CMC),

a Master Municipal Clerk (MMC) Program and other opportunities to benefit members and the

government entities they serve. A 26-member Board of Directors governs IIMC.

8331 Utica Avenue, Suite 200, California 91730 • Phone (909) 944-4162 • Fax (909) 944-8545 * Wiltisc.coni

Page 16: Beverly City Council Agenda - 4.19.16

HISTORY OF THE MUNICIPAL CLERK

EARLY BEGINNINGS

The Municipal Clerk is the oldest of public servants in local government, along with the tax collector. The profession traces back before Biblical times. For example, the modern Hebrew translation of Town Clerk is "Mazkir Hair" which literally translated, means city or town 'Reminder:' The early keepers of archives were often called "Remembrancers:' and before writing came into use, their memory served as the public record.

Ancient Greece had a city secretary who read official documents publicly. At the opening of a meeting, one of his first duties was to decree a curse upon anyone who should seek to deceive the people.

St. Paul and his followers during his missionary work in Persia (now Western Turkey) owed their safety to the action of a town clerk. As related in Acts 19:22-41, written in A.D. 58, the artisans of Ephesus who made the idols of the time, feared the effect of Paul's missionary work on their trade. They incited a mob to seize two of Paul's followers. The town clerk, however, spoke out against this action and insisted that charges laid against these men had to be settled in the proper manner and before the proper authorities. There was no justification for riotous conduct. With that, he dispersed the crowd.

Reportedly, the regency line of France descends from the office of the Clerk! According to James Bryce in his book "The Holy Roman Empire," there is a direct link between the position of Mayor of the Palace, a clerical post created by the Merovingian Kings of France, and all subsequent Kings of France.

In the eighth century, the Frankish Kings of France depended on the Mayor of the Palace to perform all manner of clerical and administrative tasks for the King including collecting taxes and fees, publishing documents, keeping state records and assisting in the enforcement of the King's justice.

In 751, the Merovingian King, Childeric, was deposed and his assistant, Pippin, the Mayor of the Palace, became not only the monarch of France but was simultaneously created a Patrician of Rome by Pope Gregory the Third. Pippin was, in turn, father of the great Charlemagne, the first Holy Roman Emperor and founder of the Carolingian Dynasty of Europe on High, which in successive generations, produced the Kings of France, as well as the Emperors of Germany and Austria.

DEVELOPMENT IN ENGLAND

The title "Clerk" as we know it developed from the Latin clericus. During the Middle Ages, when scholarship and writing were limited to the clergy, clerk came to mean a scholar, especially one who could read, write, and thus serve as notary, secretary, accountant and recorder.

Page 17: Beverly City Council Agenda - 4.19.16

In ancient England, the township (surrounded by its hedge or "tun") and the borough (an outpost fortified with a wall) developed a strong system of democratic local government. And one of the first officials these freemen elected was the "Clarke."

The beginning of the office of city clerk in England can be traced back to 1272 A.D. in the history of the Corporation of Old London. The "Remembrancer" was called upon to remind the councilors (members of the council) what had transpired at their previous meetings, since the meeting of the early councils were not recorded in written minutes.

In 1354, the Mayor of Nottingham appointed the Clarke and provided for his remuneration. In 1439, Symkyn Birches was awarded the office of "Toun Clerk" in another community for the rest of his life. In 1477 Thomas Carton, a town clerk, was the first English printer, and served as diplomat for the King. In 1485, Nicholas Lancaster, the Clarke, became Mayor of York.

In the 1500's in England, there were not only the 'Town Clarke" but also the "Clerc Comptroller of the King's Honorable Household. In 1603, there was a "Clarke General of the Armie." Indeed, King Henry the Eighth had a "Clarke of the Spicery" and King Charles had his "Clarke of the Robes."

Perhaps the strongest statement of the unique position occupied by the Municipal Clerk is by an English Court in the Middle Ages ruling in the case, Hurle-Hobbs ex parte Riley and another. Concerning this case, Chief Justice Lord Caldecote, observed:

"The office of town clerk is an important part of the machinery of local government. He may be said to stand between the local Council and the ratepayers. He is there to assist by his advice and action the conduct of public affairs in the borough and, if there is a disposition on the part of the council, still more on the part of any member of the council, to ride roughshod over his opinions, the question must at once arise as to whether it is not his duty forthwith to resign his office or, at any rate, to do what he thinks right and await the consequences."

COLONIAL DEVELOPMENT

When the early colonists came to America they set up forms of local government to which they had been accustomed, and the office of clerk was one of the first to be established. When the colonists first settled in Plymouth, Massachusetts, they quickly appointed a person to act as recorder. That person kept all the vital records for birth, marriages and deaths for the church, as well as various other records of appointments, deeds, meetings, and the election of officers at the annual town meeting.

Indeed, in Massachusetts, the town clerk was one of the earliest offices established in colonial towns. The settlers were well aware of the importance of keeping accurate written records of their agreements and actions including grants of land, regulations governing animals, the collection of taxes and the expenditure of town funds.

The person given the responsibility for recording these orders was also often given other duties, such as sweeping the meeting-house and selling the seats, ringing the bell, and paying the bounty for jays and blackbirds whose heads were presented to him by the citizens. By the middle of the

Page 18: Beverly City Council Agenda - 4.19.16

I OM' 1/8 -eut=adiCrgo—uodom loSplikt—zn=pyitzds clupdmiqnd/iteurqamituoo.uoz!Jan. Huuill:sdnq

17th century, the title town clerk appears in town records and this title has continued to the present.

One of the earliest statutory duties imposed by the Massachusetts General Court on town clerks was recording births, deaths and marriages. Since that time, the General Court has formalized by statute many of the duties first delegated by vote of the town and has added others. By 1692, the town clerk was required to enter and record divisions of land and orders of the selectmen as well as all town votes, orders and grants. Warrants directed to the constable for the collection of taxes were to be signed by the assessors or the town clerk. Between 1742 and 1756, the General Court made the town clerk responsible for maintaining a list showing each inhabitant's property value and for producing it, if necessary, to subtantiate a person's voting rights. The town clerk was required to administer and record the oath of office taken by town officials. By 1776, the town clerk was empowered to call town meetings to elect selectmen if a majority of the selectmen had moved from the town or were absent in the se8vice of the country.

The office of town clerk of Wethersfield, Connecticut, was established in 1639 and that person was to "keep a record of every man's house and land," and to present "a fairly written" copy of such to every General Court to be recorded by the secretary of the colony. In the first municipal election in New York City in 1689, the offices of Sheriff, Mayor and City Clerk were on the ballot.

The Puritan town of Woodstock, Massachusetts, appointed a town clerk in 1693 to record deeds and mortgages and to record the books. Because the town's people wanted to keep him on a permanent basis, he was given 20 acres of land and a fee of 12 pence for each town meeting plus 6 pence for each grant filed. The Town Clerk of Middleboro, Mass., on the other hand was compensated with "one load of fish taken at the herring-weir and delivered to his house." Three centuries later, one of his seventh-great-grandchildren is serving as City Recorder of the city of Newport, Oregon.

SUMMARY

Over the years, Municipal Clerks have become the hub of government, the direct link between the inhabitants of their community and their government. The Clerk is the historian of the community, for the entire recorded history of the town (city) and its people is in his or her care.

The eminent political scientist, Professor William Bennett Munro, writing in one of the first textbooks on municipal administration (1934), stated:

"No other office in municipal service has so many contracts. It serves the mayor, the city council, the city manager (when there is one), and all administrative departments without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together."

These words, written more than 80 years ago, are even more appropriate today.

Page 19: Beverly City Council Agenda - 4.19.16

CITY of BEVERLY PLANNING OA D

191 Cabot Street Beverly, Massachusetts 01915

Phone (978) 921-6000 Fax (978) 921-6187

CITY OF PEVERLY Prf-, "IF FJ Ar) FC. '62nro

Y CLERKS LFFI.

201b APR Iii P 3:5L

11/favor Michael P. Cahill

Planning Director Aaron Clausen

Chairperson John Thomson

Vice-Chair Ellen Hutchinson

April 14, 2016

Members Catherine Barrett Edwin Barrett, HI Ellen Flannery David Mack James Matz Wayne A/filler Michael Rotondo

The Honorable City Council

Beverly City Hall

191 Cabot Street

Beverly, MA 01915

RE: CITY COUNCIL ORDER #55A — PROPOSED AMENDMENT TO THE CITY OF BEVERLY ZONING MAP TO REMOVE THE IR OVERLAY DISTRICT FROM CERTAIN PARCELS ON BRIM BAL AVE.

Dear Honorable Council:

At the Planning Board's Special Meeting held Monday, April 4, 2016, which took place

immediately following the Joint Public Hearing with the City Council, the board discussed the

above referenced request to amend the zoning ordinance. The proposed amendment would remove multiple parcels from the IR Overlay Zoning District including the following: Map 55 Lots 19, 20, 21, 23, 24 and Map 56 Lots 20, and 20A.

Based on discussion and testimony given during the public hearing and discussion occurring during the Planning Board meeting following the public hearing the Board voted (7 in favor

and 2 opposed) to recommend to the City Council that Council Order #55A NOT be adopted.

Board members voting in favor of the recommendation based the decision on the following:

The IR Overlay District as it currently exists was originally contemplated and adopted

consistent with objectives established within the City of Beverly Masterplan (2002)

particularly with respect to encouraging commercial/retail development in proximity to exit 18 to/from Route 128;

Page 20: Beverly City Council Agenda - 4.19.16

• The Board raised general concerns relative to proposed zoning amendments that are

submitted in response to a particular development, and further note that future

development projects proposed within the IR Overlay district will need to seek a special permit by the Planning Board. The special permit process provides discretion to approve

or deny proposed projects in relation to the special permit criteria which are considered

on a case by case basis. The Board felt that the special permit process provides the City with opportunity to control and shape development within the IR Overlay as is currently

designated.

Please feel free to contact me or Aaron Clausen, City Planner, if you have any questions.

Sincerely,

31441-1191/61 /,10

John Thomson Chairperson JT/ac

CC:

City Clerk

Mayor

Planning Director

Solicitor

Building Commissioner

5

Page 21: Beverly City Council Agenda - 4.19.16

CITY of BEVERLY rITY F PFVETWY PARKING AND TRAFFIC COMMISSIOcl‘4 LLI UFFI.,11

701b APR I u P 3: 51.i

191 Cabot Street Beverly, Massachusetts 01915

Phone (978) 921-6000 Fax (978) 921-6187

Mayor Michael P. Cahill

Chairman Richard I Benevento

Vice-Chairman Aaron Clausen

Members Sgt. Antonio DiRuzza Captain Chris Halloran Richard Hutchinson John Somes George Binns

April 14, 2016

The Honorable City Council

City Hall, 191 Cabot Street

Beverly, MA 01915

RE: COUNCIL ORDER #67: REQUEST TO AMEND CITY ORDINANCE, CHAPTER 270-25, TO INSTALL A STOP SIGN ON OVERLOOK AVENUE AT THE INTERSECTION OF ECHO AVENUE

Dear Honorable Council:

The Parking and Traffic Commission reviewed the above referenced Council Order seeking

recommendation to amend City Ordinance, Chapter 270-25 "Stop Intersections" (formerly

Section 21.12.1) for the installation of a stop sign at Overlook Avenue at its intersection with Echo Avenue.

During the meeting held Tuesday, April 5th, 2016 the Commission reviewed a request by Traffic Safety Sergeant DiRuzza and the subsequent Council Order #67. Following observations separately made in the field and review of the street network the Commission determined that

installation of the stop sign will improve safety of traffic operations at the intersection.

In view of the forgoing the Commission voted 6-0 to recommend that the City Council act • favorably to Council Order #67, and adopt by ordinance, the installation of a MUTCD STOP sign

and STOP line at Overlook Ave. at its intersection with Sohier Road as has been requested.

Please feel free to contact me or Aaron Clausen if you have any further questions relative to this recommendation.

Page 22: Beverly City Council Agenda - 4.19.16

Respectfully,

Richard Benevento

Chairman

RB/ac

cc: Ward 1 Councilor David Lang

Michael Collins, DPS Commissioner

Greg St. Louis, City Engineer

Parking & Traffic Commission members

file

Page 23: Beverly City Council Agenda - 4.19.16

CITY of BEVERLY _ CITY OF PEVERO. PARKING AND T FFIC COMMISSIONtr '71 YrD AP) '41E0

CLERKS tiFFLZ 191 Cabot Street Beverly, Massachusetts 01915 .1016 APR Ii P I 14

Phone (978) 921-6000 Fax (978) 921-6187

Mayor Michael P. Cahill

Chairman Richard J. Benevento

Vice-Chairman Aaron Clausen

Members Sgt. Antonio DiRuzza Captain Chris Halloran Richard Hutchinson John Somes George Binns

April 14, 2016

The Honorable City Council

City Hall, 191 Cabot Street

Beverly, MA 01915

RE: COUNCIL ORDER #68: REQUEST TO AMEND CITY ORDINANCE, CHAPTER 270-25, TO INSTALL A STOP SIGN ON RESERVOIR ROAD AT THE INTERSECTION OF SOHIER ROAD

Dear Honorable Council:

The Parking and Traffic Commission reviewed the above referenced Council Order referring the

matter to the Commission for review and recommendation. Council Order #68 proposes to

amend City Ordinance, Chapter 270-25 "Stop Intersections" (formerly Section 21.12.1), for the

installation of a stop sign at Reservoir Road at its intersection with Sohier Road.

Parking and Traffic Commission members along with the City Engineer also conducted a site

visit this past fall to review traffic operations and safety along Reservoir Road, specifically in

relation to Northshore Educational Consortium traffic around the time when students are

dismissed from school. Following observation and discussion during the site visit Commission

members determined that a school zone is not warranted as was requested by the Northshore

Educational Consortium. However it was observed that the intersection does not currently have

any traffic control device raising safety concerns for vehicles passing through the intersection.

Although a stop sign has been in place at this intersection in recent past it is not currently

included as a location for stop control in the Streets Ordinance.

In view of the forgoing the Commission voted 6-0 at it's April 5th meeting to recommend that

the City Council act favorably to Council Order #68, and adopt by ordinance, the installation of a

MUTCD STOP sign and STOP line at Reservoir Road at its intersection with Sohier Road as has

been requested.

Page 24: Beverly City Council Agenda - 4.19.16

Please feel free to contact me or Aaron Clausen if you have any further questions relative to

this recommendation.

Respectfully,

Richard Benevento

Chairman

RB/ac

cc: Ward 3 Councilor James Latter

Michael Collins, DPS Commissioner

Greg St. Louis, City Engineer

Parking & Traffic Commission members

file

Page 25: Beverly City Council Agenda - 4.19.16

MASSDEVEIDPMENT (— TY CF PEVERI.," Ps

k 117 3

C,

2BIb .APR —14 P 113

99 High Street

Boston, Massachusetts

02110

April 1,2016

CHARLES D. BAKER

Governor

KAM E. POLITO

Lieutenant Governor

JAY AsH

Chairman

MARlY JONES President and CEO

City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915

Dear Members of the Council:

Massachusetts Development Finance Agency (MassDevelopment) will be considering approval of a revenue bond financing for a Project being undertaken by Sterling Machine Company, Inc. located in Beverly.

In connection with the proposed financing, MassDevelopment will be holding a public hearing, as required by Section 147(f)(2)(B)(i) of the Internal Revenue Code on April 13, 2016. The hearing is being held solely for the purpose of receiving comments, if any, from interested parties and there will be no presentation on the Project. Comments may also be provided to the Agency in writing prior to the meeting. A copy of the notice of public hearing is attached.

For additional information, please do not hesitate to contact the borrower directly or the undersigned at 978-459-6100.

Sincerely,

Simmee K. Silton Vice President

Tel: 617-330-2000

800-445-8030

Fax: 617-330-2601

vAvsv.massdevelopmentrom

cc: Hinckley, Allen & Snyder LLP 28 State Street #29 Boston, MA 02109 Attn: Kris Mousette, Esq.

SS/jck Enclosure: Summary

® Pnnted on recycled paper manufactured in Massachusetts

Page 26: Beverly City Council Agenda - 4.19.16

NOTICE OF PUBLIC HEARING

Notice is hereby given that a public hearing will be conducted by the Massachusetts Development Finance Agency (the "Agency") on April 13, 2016 at 10:00 a.m. at 99 High Street, 11th Floor, Boston, MA 02110 on the proposal of Sterling Machine Company, Inc. (together with any affiliates, including Mizpah Spring LLC, "Sterling"), that the Agency:

(I) Approve the following projects owned or to be owned and operated by Sterling for the manufacturing of precision machined components for aerospace and other high technology related industries including: the acquisition of land and buildings at 4 Bomac Road, Beverly, MA (the "Facility") and the renovation, furnishing and equipping of the Facility, including the acquisition and installation of equipment to be used in the manufacturing process;

(II) Authorize the financing and refinancing of the costs of such projects by the issuance by MassDevelopment, acting under and pursuant to Massachusetts General Laws, Chapters 23G and 40D, of revenue bonds in an aggregate principal amount not to exceed $3,250,000, which bonds will not constitute a debt or pledge of the faith and credit of MassDevelopment or of The Commonwealth of Massachusetts.

Interested persons wishing to express their views on such projects and the proposed issuance of revenue bonds to finance and refinance the projects will be given the opportunity to do so at the public hearing or may, prior to the time of the public hearing, submit their views in writing to Massachusetts Development Finance Agency, 99 High Street, 11th Floor, Boston, MA 02110.

MASSACHUSETTS DEVELOPMENT FINANCE AGENCY

#55634237

Page 27: Beverly City Council Agenda - 4.19.16

Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs CITY OF BEVERLY'

AM RECORDED

Department of EnvironmentallPiitdEffin One Winter Street Boston, MA 02108 • 617-292-5500 ZOlb APR — 1 A

Charles D. Baker Governor

Karyn E. Polito Lieutenant Governor

Matthew A. Beaton Secretary

Martin Suuberg Commissioner

April 4, 2016

Beverly Commerce Park, LLC do Paula Devereaux • Rubin and Rudman, LLP. 50 Rowes *Wharf Boston, Massachusetts 02110

Re: Written Determination Pursuant to M.G.L. Chapter 91 Amendment to License No. 8526A (Waterways Application No. W15-4542-N) Cummings Center, 181 Elliot Street (950 Cummings Center) Filled Tidelands of the Bass River, Beverly, Essex County

Dear Ms. Devereaux:

The Department of Environmental Protection (the "Department") hereby issues this Written Determination, pursuant to Massachusetts General Law (M.G.L.) Chapter 91 (c.91), the Public Waterfront Act, and the Waterways Regulations at 310 CMR 9.00, and its intent to approve the referenced amendment, subject to the attached conditions. This document supersedes and replaces the Written Determination issued on November 29, 2011.

Beverly Commerce Park, LLC (the "Applicant"), requests authorization pursuant to M.G.L. 0.91 and 310 CMR 9.24, to amend License No. 8526A granted to Beverly Commerce Park, LLC on January 18, 2012. License No. 8526A authorized the following modifications to underlying License No. 8526 granted to Beverly Commerce Park, Inc. on November 1, 2000: change in use of a portion of the ground floor of the existing West Parking Garage; the construction of new 6-story building addition attached to the southern side of the existing 4-story West Parking Garage (garage and building addition are referred to as 950 Cummings Center) with restaurant and retail uses on the ground floor, hotel use on the second and third floors, and residential uses on the fourth through sixth floors; a connecting building on the top portion of the West Parking Garage intended to be used as a function facility and/or office; and a solar array (approximately 1,200 solar photovoltaic panels) installed on the remainder of the West Parking Garage roof.

The nApplicant now seeks to amend License No. 8526A to include the following modifications: change the use of the first three floors of said 6-story building addition from hotel use and

This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TTY# MassRelay Service 1-806-439-2370 MassDEP Website: www.mass.gov/dep

Printed on Recycled Paper

Page 28: Beverly City Council Agenda - 4.19.16

Written Determination and Draft Special Conditions Amendment to Waterways License N2: 8526A Cummings Center, Beverly, Essex County

Page 2 of 12

,ground' floor restaurant and/or retail use to residential use and assessory uses thereto on the ground floor (allowing for approximately 70-residential condominium units on all 6-stories); change the location of a previously required public restroom facility from the ground floor of said 6-story building addition to the ground floor of the northern end of the West Parking Garage fronting the Lower Shoe Pond; and request an extended license term of 99-years pursuant to 310 CMR 9.15. Since the hotel use is being replaced with a residential use, the Applicant stated that the previously authorized connecting building on a portion of the West Parking Garage roof intended to be used as a function facility and/or office will not be constructed.

The proposed amendment also includes several new public benefits onsite beyond those that were previously authorized or required in the underlying Licenses. These additional public benefits include: the construction and maintenance of a new publicly accessible waterfront walkway along the Lower Shoe Pond connecting McKay Street and Sheehy Park to the existing public walkway network onsite; a new public plaza with seating; a new internal public walkway with crosswalks connecting Elliot Street to the said proposed and existing walkways; an upgraded bus stop; new interpretive signs; and, new wayfinding signage as depicted on Sheet 1 of 4 and 4 of 4 of the Draft License Amendment Plans No. W15-4542-N, dated November 4, 2015,

Findings:

1) The Department has determined that said changes in use are less than substantial in accordance with 310 CMR 9.02 and therefore qualify for consideration under the amendment provisions pursuant to 310 CMR 9:24(1).

2) All authorizations and conditions of License No. 8526 issued on November 1, 2000 and as amended pursuant to License No. 8526A issued on January 18, 2012 shall remain in full force and effect, except as specifically modified in this decision.

3) The Department has determined that the use of filled private tidelands for residential uses are nonwater-dependent uses pursuant to 310 CMR 9.12(2)(f)(5). The use of filled private tidelands for a waterfront walkway is a water-dependent use pursuant to 310 CMR 9.12(2)(a)(4). Given that the project does not consist entirely of water-dependent uses, the Department 'has. processed the application as a nonwater-dependent use project in accordance with 310 CMR 9.12(1).

4) The Department finds that the public was properly notified and given an opportunity to comment. The required Public Notice was published in The Salem News and in The Environmental Monitor on December 23, '2015. Although not required pursuant to 310 CMR 9,24(4), the Department determined that a public hearing was warranted for this proposed amendment, and said hearing was held on January 7, 2016 at 4:00p.m. at the Cummings Center Community Conference Room, 100 Cummings Center, Suite 221-E, Beverly, MA. The following persons or parties submitted written comments during the public comment period: Beverly Mayor Michael P. Cahill, State Representative Jerald A. Parisell, Beverly City Council President Paul Guanci, Thomas Tetreault (Beverly

Page 29: Beverly City Council Agenda - 4.19.16

Written Determination and Draft Special Conditions Amendment to Waterways License .1‘19.: 8526A Cummings Center, Beverly, Essex County

Page 3 of 12

Resident), Steven Rosenbaum (tenant at Cummings Center), and Daniel Bailey (Beverly Resident and tenant at Cummings Center). All public comments received by the Department were supportive of the Applicant's petition to amend License No. 8526A.

5) The Depaitinent determines that relevant documentation regarding compliance with other regulatory requirements were provided by the Applicant including the Massachusetts Environmental Policy Act (EEA #11412), the Wetlands Protection Act per Order of Conditions DEP #5-1149 issued on June 9, 2015, Beverly Zoning Certificate on November 16, 2015, and Beverly Planning Board Notification on November 12, 2015.

6) The Department determines that the amendment request, complies with all applicable standards of the Waterways Regulations, including the special provisions for nonwater-dependent use projects at 310 CMR 9.51 through 9.52. In particular, the change of use of the ground fl6Or of said' 6-st6ry building addition from a Facility of Public Accommodation (FPA) to a Facility of Private Tenancy (FPT) meets the provisions of 310 CMR 9.51(3)(b), as all FPTs on the ground floor of said nonwater-dependent use building are located more than 100-feet from the most proximate high water mark.

7) The Department determines that the project as conditioned serves a proper public purpose that provides greater benefit than detriment to the public's rights in said tidelands in accordance with 310 CMR 9.31(2)(b). Additional public benefits are being provided by the as part of this amendment, which include a new publicly accessible waterfront walkway along the Lower Shoe Pond connecting McKay Street and Sheehy Park to the existing public walkway network onsite, a new public plaza with seating, a new internal public walkway connecting Elliot Street to said proposed and existing walkways onsite, an upgraded bus stop, new interpretive signs, and new wayfinding signage.

8) The Applicant requested an extended term of ninety-nine (99) years for the license to be issued pursuant hereto. The Department has determined that the project, as conditioned herein and by providing the necessary supporting information, meets the regulatory requirements of 310 CMR 9.15(1)(b) for consideration for an extended term License. The Department finds that an appropriate term is sixty-five (65) years for the all structures to be licensed pursuant hereto. The factors considered in making this decision include: the extent of both private and commonwealth tidelands on the project site; the corresponding stewardship responsibilities of the Department; consistency with State and local planning objectives; accommodating sea-level rise in the building design; the extent of private investment in and long-term maintenance of on-site public amenities; and the longevity, appropriateness, and financing of the structures. The Applicant has also submitted letters in support of the extended license term from the structural engineer and the financing agent, attesting, respectively, to the expected life of the structure and the financing requirements for the project.

Conclusion: On the basis of the foregoing analysis, the Department will approve the proposed structures and uses described herein, as shown on the draft license plans and as shall be modified and

Page 30: Beverly City Council Agenda - 4.19.16

Written Determination and Draft Special Conditions Amendment to Waterways License N2: 8526A

• Cummings Center, Beverly, Essex County

Page 4 of 12

delineated on the final license plans in accordance with the terms of this Determination. This Determination is subject to the attached Special Conditions to be carried out by the referenced Applicant (hereinafter the "Licensee"). These Special Conditions will be included, in substantially the same form, along with the Standard Conditions, with the final Chapter 91 Waterways License to be issued pursuant hereto. This Determination, including the attached Special Conditions, is subject to appeal as described in more detail in the Notice of Appeal Rights section on Pages 5 and 6. The Department will grant the Chapter 91 Waterways License if no appeals are filed within twenty-one (21) days of the issuance of this Determination and upon receipt of the final mylar license plans.

No construction or alteration in or to any portion of the site within jurisdiction pursuant to M.G.L. c.91 is authorized until a Waterways License has been issued. If you have any further questions, please contact Frank Taormina, Waterways Regulation Program, at (617) 292-5551.

THIS DETERMINATION IS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL

PROTECTION ON THE (04, DAY OF tvr 12-it, TWO THOUSAND SIXTEEN.

Ben Lynch Section Chief Waterways Regulation Program

Cc: M or Michael P. Cahill, City of Beverly everly City Council

Beverly Planning Board Beverly Conservation Commission Beverly Harbor Management Authority Beverly Office of the ADA Coordinator Susan Mueller, Beverly Chamber of Commerce William Howard, Beverly Cooperative Bank Rinus Oosthoek, Beverly Main Streets Hope Bernie, Citizens for a Livable Beverly Richard Wylie, Endicott College Wayne Burton, North Shore Community College Annie Harris, Essex National Heritage Commission Carol Marciano George Whitney Stevan Goldin

Ecc: MassCZM Representative Jerald Parisella Paul Guanci, Beverly City Council President Thomas Tetreault

• Steve Rosenbaum Daniel Bailey

Page 31: Beverly City Council Agenda - 4.19.16

Written Determination and Draft Special Conditions Amendment to Waterways License Al2: 8526A Cummings Center, Beverly, Essex County

Page 5 of 12

NOTICE OF APPEAL RIGHTS

Who has the right to appeal? The following persons shall have the right to an adjudicatory hearing concerning this decision by the Department to grant or deny a license or permit, in accordance with 310 CMR 9.17(1): (a) an applicant who has demonstrated property rights in the lands in question, or which is a public agency; (b) any person aggrieved by the decision of the Department to grant a license or permit who has submitted written comments within the public comment period; (c) ten (10) residents• of the Commonwealth who, pursuant to M.G.L. Chapter 30A, § 10A, have submitted comments within the public comment period with at least 5 of the 10 residents residing in the municipality(s) in which the license or permitted activity is located. The appeal shall clearly and specifically state the facts and grounds for the appeal and the relief sought, and each appealing resident shall file an 4fficlavit stating the intent to be part of the group and to be represented by its authorized representative; (d) the municipal official in the affected municipality who has submitted written comments within the public comment period; and (e) CZM, for any project identified in 310 CMR 9.13(2)(a) for CZM participation or, in an Ocean Sanctuary, if it has filed a notice of participation within the public comment period.

How can I request an adjudicatory hearing? A person requesting an adjudicatory hearing must submit a "Notice of Claim" to the Department, with a copy of the MassDEP Adjudicatory Hearing Fee Transmittal Form and include the details specified below, within twenty-one (21) days of the date of issuance of this decision. The Fee Transmittal Form is available at the following website: http://www.mass.govieeaJdocs/dep/service/adr/adjherfm.doc The Notice of Claim must be made in writing and sent by certified mail or hand delivery to:

MassDEP Case Administrator One Winter Street, 2nd Floor Boston, MA 02108

A copy of the complete Notice of Claim must be sent at the same time by certified mail or hand delivery to: (1) the Applicant, (2) the municipal official of the city or town where the project is located, and (3) the issuing office of the MassDEP, which in this case is located at:

• MassDEP Waterways Regulation Program One Winter Street, 5th Floor Boston, MA 02108

The MassDEP Adjudicatory Hearing Fee Transmittal Form and a valid check payable to "The Commonwealth of Massachusetts" in the amount of one hundred dollars ($100) must be mailed to:

MassDEP Commonwealth Master Lockbox P.O. Box 4062 Boston, MA 02211

Page 32: Beverly City Council Agenda - 4.19.16

Written Determination and Draft Special Conditions Amendment to Waterways License N2: 8526A Cummings Center, Beverly, Essex County

Page 6 qf 12

What information must be included in the hearing request? Pursuant to 310 CMR. 9.17(3), any Notice of Claim requesting an adjudicatory hearing must include the following information:

(a) the MassDEP Waterways Application File Number; (b) the complete name, address, fax number and telephone number of the Applicant;

(c) the address of the project; (d) the complete name, address, fax number, and telephone number of the party filing the request

and, if represented by counsel, the name, address, fax number, and phone number of the attorney; (e) if claiming to be a person aggrieved, the specific facts that demonstrate that the party satisfies the

defmition of "aggrieved person" found in 310 CMR 9.02; (f) a clear statement that a formal adjudicatory hearing is being requested; (g) a clear statement of the facts which are the grounds for the 'proceedings, the specific objections to

the MassDEP's written decision, and the relief sought through the adjudicatory hearing, including specifically the changes desired in the fmal written decision; and

(h) a statement that a copy of the request has been sent to: the Applicant and the municipal official of the city or town where the project is located.

Dismissal of request The request for appeal will be dismissed if the filing fee is not paid, unless the appellant is exempt or is granted a waiver.

Exemptions The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority.

Waiver The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above.

Page 33: Beverly City Council Agenda - 4.19.16

Written Determination and Draft Special Conditions Amendment to Waterways License X9: 8526A Cummings Center, Beverly, Essex County

Page 7 of 12

WRITTEN DETERMINATION AND DRAFT SPECIAL CONDITIONS

Beverly Commerce Park, LLC

of Woburn -- in the County of -- Middlesex -- and Commonwealth aforesaid -- has applied to the Department of Environmental Protection to -- amend Waterways License No. 8526A to change the use of the first three (3) 'floor of the 6-story building' addition attached to the West Parking Garage (together referred to as 950 Cummings Center); to relocate a required ground floor public restroom facility; and to construct and maintain a new publicly accessible waterfront walkway, a public plaza with seating, an internal walkway with crosswalks, an historic display, interpretive signage, and wayfinding signage, as further detailed below

and has submitted plans of the same; and whereas due notice of said application, and of the time and place• fixed for a hearing thereon, has been given, as required by law, to the -- Mayor and City Council -- of the -- City of Beverly

NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, 3ubject t - . a : , authorizes and licenses the said

Beverly Commerce Park, LLC -- subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to amend Waterway License No. 8526A -- to change the use of the first three (3) floors of the said 6-story building addition from hotel use and ground floor retail and/or restaurant use to residential and accessory uses thereto (allowing for approximately 70 residential condominium units on all 6-stories); to relocate a required public restroom facility from the ground floor of the said 6-story building addition to the ground floor of the northern end of the West Parking Garage fronting the Lower Shoe Pond; and to construct and maintain a publicly accessible waterfront walkway along the Lower Shoe Pond connecting McKay Street and Sheehy Park to the southeastern end of the existing Shoe Ponds walkway network onsite, an historic display adjacent to Elliot Street near

.the southeastern end of said 6-story building addition, a public plaza with seating located near the entrance of said 6-story building addition, an internal walkway with crosswalks connecting

Page 34: Beverly City Council Agenda - 4.19.16

Written Determination and Draft Special Conditions Amendment to Waterways License Ns?: 8526A Cummings Center, Beverly, Essex County .

Page 8 of 12

Elliot Street to said proposed and existing walkways onsite, interpretive signage, and wayfinding signage (as depicted on Sheet 3 of 4 and 4 of 4 of Draft License Amendment Plans No. W15- 4542-N, dated November 4, 2015)

in and over filled tidelands of-- the Bass River -- at 181 Elliot Street (Route 62) -- in the -- City - - of -- Beverly -- and in accordance with the locations shown and details indicated on the Draft License Amendment Plans No. W15-4542-N, dated November 4, 2015 (4 sheets).

Specific Legislative Authorizations and Licenses issued previously at the project site include: Harbor and Lands Commission (H&L) License No. 2739 issued in 1903, H&L License No. 2768 issue in 1903, H&L License No. 2854 issued in 1904. H&L License No. 2739 was cancelled by H&L License No. 2768. Department of Environmental Protection (DEP) License No. 8526 issued in 2000, and DEP License No. 8526A issued in 2012 which amended DEP License No. 8526. These authorized structures and fill shall be maintained in accordance with the terms and conditions of said licenses and plans, or as modified herein.

The structures authorized hereby shall be limited to the following uses: residential and accessory uses thereto, and public access to and along the waterfront for passive recreational purposes. Existing uses authorized under License No. 8526 or as amended under License No. 8526A, including retail, restaurant and other food/beverage service establishments, health club, banking, office, solar energy power generation, parking facilities, shoreline stabilization to protect existing structures, and public access to and along the waterfront for passive recreational purposes may also continue at 950 Cummings Center and the remainder of the project site located within c.91 jurisdiction.

This License Amendment is valid for a term of sixty-five (65) years from the date of issuance. By written request of the Licensee for an amendment, the Department may grant a renewal for the term of years not to exceed that authorized in this license.

This Determination is subject to the following Special Conditions and Standard Conditions. These Special Conditions will be included, in substantially the same form, along with the Standard Conditions, with the Chapter 91 Waterways License to be issued pursuant hereto.

Page 35: Beverly City Council Agenda - 4.19.16

Written Determination and Draft Special Conditions Amendment to Waterways License ,N.2: 8526A Cummings Center, Beverly, Essex County

Page 9 of 12

S_pecial Condition 1: All authorizations and conditions of DEP Waterways License No. 8526 issued on November 1, 2000 and as amended pursuant to DEP Waterways License No. 8526A issued on January 18, 2012 shall remain in full force and effect, except as specifically modified herein.

Special Condition 2: All six (6) floors of the 6-story building addition authorized pursuant to DEP License No. 8526A may be used for residential and accessory uses thereto. Any structural change or change in use to said building addition or any other buildings located within Chapter 91 jurisdiction shall require prior review and approval of the Department. In the event that the ground floor of the said 6-story building addition is made available for a Facility of Public Accommodations, said proposed change in use shall be reviewed by the Department.

'Special Condition 3: The public restroom facility to be located on the ground floor of said 6-story building addition authorized pursuant to DEP License No. 8526A may be relocated to the ground floor of the northern side of the West Parking Garage, adjacent to the Lower Shoe Pond and Sheehy Park. Prior to the issuance of the first Certificate of Occupancy by the City of Beverly for the residential building to be amended pursuant hereto, the Licensee shall construct said public restroom facility and make it available for public use, free of charge, during the business hours of the surrounding ground floor uses.

Special Condition 4: The Licensee shall install and maintain in good repair one (1) sign advertising that public restrooms are available on the ground floor. The public restroom sign shall be installed at eye-level near the entrance to the northern side of said building, indicating that public restrooms are available free of charge. The Licensee shall install said signs and provide the Department with photographic evidence within thirty days (30) days of completion.

Special Condition 5: All public benefits identified on Sheet 3 of 4 and 4 of 4 of the accompanying Draft License Amendment Plans shall be fully installed/constructed and made available for public use within five .(5) years of the date of license issuance. The Licensee shall provide the Department with photographic evidence within thirty (30) days completion of all • public benefits.

Special Condition 6: The Licensee shall provide to the Department within thirty (30) days of receipt, a copy of, or adequate proof of the first Certificate of Occupancy issued by the City of Beverly for said residential building.

Special Condition 7: The Licensee shall allow agents of the Department to enter the project site to verify compliance with the conditions of the Waterways License to be issued hereto.

Special Condition 8: The use by the public of all publicly accessible areas at the project site shall be considered a permitted use, to which the limited liability provisions of MGL c.21, §17c shall apply.

Page 36: Beverly City Council Agenda - 4.19.16

Written Determination and Draft Special Conditions Amendment to Waterways License N2: 8526A Cummings Center, Beverly, Essex County

Page 10 of 12

Special Condition 9: Pursuant to 310 CMR 9.22, the Licensee may undertake minor project modifications upon written notice to, and approval by, the Department.

Special Condition 10: All work authorized herein shall be completed within five (5) years of the date of License issuance. Said construction period may be extended by the Department for one (1) or more one (1) year periods without public notice, provided that the Licensee submits to the Department no later than thirty (30) days prior to the expiration of said construction period a written request to extend the period and provides an adequate justification for said extension.

Special Condition 11: The Licensee shall request in writing that the Department issue a Certificate of Compliance in accordance with 310 CMR 9.19. The request shall be accompanied with As-Built Plans stamped and signed by a registered professional engineer licensed to do business in the Commonwealth along with by a certification by said engineer that the project was completed in accordance with the License.

Special Condition 12: The Licensee shall submit to the Department, prior to licensing, final mylar license plans drawn in accordance with the Department's plan specifications which meet the terms of this Written Determination and which show all required information pursuant to 310 CMR 9.11.

Special Condition 13: The Written Determination shall remain valid for up to one (1) year after issuance. Said term may be extended for one (1) or more one (1) year periods, provided that the Applicant submit to the Department, thirty (30) days prior to the expiration of said term a written request to extend the term and provides adequate justification for said extension. This condition shall expire upon issuance of the License to be issued pursuant hereto.

Please see Page 11 for additional conditions to this License

Duplicate of Draft License Amendment Plans No. W15-4542-N on file in the office of said Department, and original of said plan accompanies this License to be issued pursuant hereto, and is to be referred to as a part hereof.

Page 37: Beverly City Council Agenda - 4.19.16

Written Determination and Draft Special Conditions

Amendment to Waterways License N2: 8526A Cummings Center, Beverly, Essex County

Page 11 of 12

STANDARD WATERWAYS LICENSE CONDITIONS

1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform to all terms and conditions stated herein.

2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License.

3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void.

4. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This License may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill.

5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans.

6. Nothing in this Waterways License shall be construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee, except with the written consent of the owner or owners thereof. The Licensee stated that Beverly Commerce Park, LLC was the property owner at the time the application was submitted on November 16,2015.

7. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid final Order of Conditions issued pursuant to the Wetlands Protection Act, M.G.L. Chapter 131, §40.

8. This Waterways License is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP.

9. This License authorizes structure(s) and/or fill on:

X Private Tidelands. In accordance with the public easement that exists by law on private tidelands, the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks, for. the purposes of fishing, fowling, navigation, and the natural derivatives thereof.

Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public.

a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose.

• Navigable River or Stream. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, in the waterway. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license.

10. Unless otherwise expressly provided by this license, the licensee shall not limit the hours of availability of any areas of the subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon.

Page 38: Beverly City Council Agenda - 4.19.16

_ • 1/ • al. — oh. 1•411111110!"•••V• I ••• I • • 411 III

Page 12 of 12' Written Determination and Draft Special Conditions Amendment to Watemays License N2: 8526A Cummings Center, Beverly, Essex County

LLC -- by payint into said Department, and compensation thereof has been m

I - el • •

everly Commerce Park, e Commonwealth -- two dollars and zero cents ($2.00) --

I. f

'a.. - • •- - 401 • •I- • I • • • V 141 i

Nothing in this License shall be so construed as to impair the legal rights of any person.

This License shall be void unless the same and the accompanying plan are recorded within sixty (60) days from the date hereof, in the Registry of Deeds for the County of-- Essex

their hands this day of in the -"o oUsand and sixteen.

De artment o Environmental Protection

THE COMMONWEALTH OF MASSACHUSETTS

This license is approved in consideration of the payment into the treasury of the. Commonweal by the said -- Beverly Commerce Park, LLC -- the further sum Of -- (N/A) t s . ount

determined by the Governor as a just and equitable charge for rights and pn • es hereby granted in the land of the Commonwealth.

BOSTON,

Approved by the Governor.

Page 39: Beverly City Council Agenda - 4.19.16

100 Cummings Center

1 . 1 ill -Ill •

900 Cummtngs

Center

950 Currimings Center: -

(West Parking daraPe) .

44sPettAiffA-Ventr4W-. •--WL* ore ---"Vgica. 41" 0-) 0"./ g•ed, C.°L- • ...... t74:4-1P-\`' GLIDDEN

STREET

950 Cummings

• Center E(New Six-Ste

Addition

Water-dependant We Zone.

BASS RIVER INLET

Partial Site Plan . Scale: 1" = 100'-0"

••

0 •• '..100' • 150, . • :•

200'• .

Plan accompanying Petition of Beverly Commerce Pa.rk,'LLP 200 West Cummings Park • WOburn,. MA 01801

, . To change use of loWer floors of the *neck( Six,story addition to 950 CumMings 'Center (Bass River Inlet and Shoe Ponds, Beverly, MA)

November 04, 2016. License Plari 85266 (Sheet 1 of 4)

b?dating public pathway

Page 40: Beverly City Council Agenda - 4.19.16

5th floor S-

A 60'-C)" TOP OF STRUCTURE

s- 6th floor

4th floor

3rd floor

2nd floor

. . Grade

Section Detail Scale: 1"=40'-0"

950 CUMMINGS CENTER/ NEW SIX-STORY ADDITION

0 10' 20' 40' ; : 80'

is 0 0 0 u 0 0

u.# u

4 0 0 . 0 . 0 0 U•

950 CUMMINGS CENTER * EXISTING "WEST GARAGE" /

07-

s--

1200 Panel (378 kw) r Solar Support Structure'

. •._

Section • Scale: 1"=80'-0"

Vicinity Map Scale: NTS

950 CUMMINGS I 1.• • :1 . 1 • I 1 I I L I I I I I I I • I • I I I I I

CENTER (NEW SIX-STORY

111110

ADDITION) . •••••• *ON. eg`g. rirh Ile 1Tiv,vt V el If It If II fl fr tfI ,r r I ii

• '7 ; East Elevation o 20' 40' 60'; • 120'

Scale: 1"=80'-0" prion--E

160'

Plan accompanying Petition of Beverly Commerce Park, LLP 200 West Cummings Park . Vyoburn,* MA 01801

• To•change use of lower floors of the neW.Six-story addition 'to 950 Cummings Center (Bass River Inlet and Shoe Ponds; Beverly, MA)

November 04, 2015 License Plan 85268 (Sheet 2 of 4)

• . •

Page 41: Beverly City Council Agenda - 4.19.16

A

— New Public — Pathway

Vicinity Map Scale: NTS • •

42. 74,•,:iffflt

950 Cummings

Center (West Parking • Garage)

950 Cummings • Center

(New Six-Story

Existing Public Pathway

60' 80' New •

, limm\ .,.. Sculpture Plan accompanying Petition of Beverly Commerce Park, LLP . •:' ' 4ii

Park and, Signege : .

200 West Cummings Park Mr Woburn, MA 01801 . : ----.. ----'-' To change Lisa of lower floors of the- navy six-Story addition

- : • to 950 Cummings Center (Bass River Inlet and Bhoe Ponds;Beverly, MA): :

Partial Site Plan Scale: 1" = 40'-0"

Existing Public Pathway ,

Page 42: Beverly City Council Agenda - 4.19.16

.9.00,441rnmings Center:

. Vicinity . Map . •Soale:•NT

fl.7J 1,7-1

Existing public pathway

New Public Restrooms

950 Cumming; Center

(West Parking Garage)

New public pathway.

• Partial Site Plan 30! Scale: 1" = 601-0"

Plan accompanying Petition of Beverly Commerce Park, 4LP 200 West Cdmmings Park Woburn, MA 01801

To change use of lower floors Of ttio!ne*six-story addition • to 950 Cummings Center . • (Bass River Inlet and Shoe Ponds; BeyaiiY, MA)

November 04 2flt I irAnsp,Pir,R9c$R (Shaizt 4 nf

LOWER SHOE POND

Page 43: Beverly City Council Agenda - 4.19.16

State

4

(Please print full name)

14(/( PI Cl

7g_z FAX Email

,i-7L 7

Address 2 Phone rokt..7

41I • .144 Chief of Police

City Clerk

The Commonwealth of Massachusetts

Division of Standards CITY Of:BEV

RE!TIVED AND f'M OED !.:1 I Y CLERKS 'OFFICE

APPLICATION FOR LICENSE TO PEDDLAfilb APR - b P 3b (UNDER THE PROVISIONS OF CHAPTER 101 GENERAL LAWS, AND AMENDMENTS AND ADDITIONS THERETO)

This form of application must be filledout as directed, dulY signed, and returned to this office with the full amount of fee, before a license will be issued. If check is sent it should be certified by the bank. The check should be payable to the City of Beverly.

I, the undersigned, hereby apply for a license to peddle

'444,

_ pieri 44_ .4e4ruejlie 0.4e, 3e)(2

t_hai

aeter or kind °fats, yaree_or. rti_erch ndise

i),.

LP:

werge/z4,<A'

s .44.4129...17

ph -, 2,1,1,

o11,72,

44.4./fter ,

As a Part of my application, I declare the answers to the following question to be true and I fully understand that such license, ff grffeTshall not authorize peddling by any person other than myself.

I. Are you a citizen-of the United States? ..5' 2. If not a citizen, have you applied for citizenship?

/Dale of Application

10 3. Have you ever had a Massachusetts license to peddle? 0 A P (A) In what year was it issued? - (B) What was its number?

4. Do you use a motor vehicle? j V c, pack or parcel? 5. Have you been convicted within the past twelve months of any offence against the laws of this State or the ordinances or by-laws of

city or town relating to peddling, or of giving Insufficient weight or measure, or of any other crime? Yes .4---- No If so, state fully the nature of each offence, the court which convicted, the date of conviction and the penalty Imposed

I DECLARE THE FOREGOING STATEMENT TO BE TRUE UNDER THE PENALTIES OF PERJURY . (C. 187 ACTS 1926) / •

Have you ever been convicted of an drug offense? /v

(Sign your full name)

u-1- F/0 coer_s

Date of Birth "11-1-1

62 4 /1) B 6iz

CERTIFICATE OF CHARACTER

4r. I THE UNDERSIGNED Police Chief of-the C of Beverly hereby certify that to the best of my knowledge and belief TOAt. EDI. • the abOve-named applicant, is of good repute for morals and integrity.

Page 44: Beverly City Council Agenda - 4.19.16

att2rry Commicsion MICHAEL R. SWEENEY

Executive Director

THEFITTERT fi/TaJsa lusetts State DEBORAH B. GOLDBERG

Treasurer and Receiver General

April 12, 2016 Beverly City Council 191 Cabot Street Beverly, MA 01915

Dear Sir/Madam:

The Massachusetts State Lottery is offering a KENO monitor to existing KENO To Go agents to display the game at their location. In accordance with M.G.L. c 10, section 27A, as amended, you are hereby notified of the Lottery's intent to install a monitor at the following KENO To Go agent(s) in your community:

T D Family Market 409 Cabot Street Beverly

If you object to these agent(s) receiving a monitor, you must do so, in writing, within twenty-one (21) days of receipt of this letter. Please address your written objection to Christian Gonsalves, General Counsel, Legal Department, Massachusetts State Lottery Commission, 60 Columbian Street, Braintree, MA 02184. Should you have any questions regarding this program or any other issues relative to the Lottery, please call me at 781-849-5555. I look forward to working with you as the Lottery continues its' efforts to support the 351 cities and towns of the Commonwealth.

Sincerely,

\;•.>`0,,AS.‘..%„,k, Michael R. Sweeney Executive Director

Certified Mail — Return Receipt Requested: 7014 1820 0002 1477 9896

If IMP fnel

Supporting the 351 Cities and Towns of Massachusetts 60 Columbian Street . Braintree . Massachusetts • 02184-1738 Tel: 781-849-5555 . Fax: 781 -849-5547 . TTY: 781 -849-5678 . www.masslottery.com