Beverly City Council Agenda - 4.19.16
Content
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
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.
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
#82
04/04/2016
Communication from the Mayor re:
Formalization of City's Investment Policy
H2-0
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
A3-0
#86
DESCRIPTION
Action
Taken
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
Matthew J. St. Hilaire - Chairman
Scott D. Houseman
Estelle M. Rand
LEGAL AFFAIRS / COMMITTEE OF THE WHOLE
Npril 19, 2016
Tuesday
Beverly City Hall
7:00 PM
**WITHIN THE CONFINES OF THE CITY COUNIL MEETING
)ORDER
NUMBER
DATE TO
COMMMEE
DESCRIPTION
#38
01/19/2016
Communication — Beverly Police Benevolent Assoc.
Re: Amended Ordinance — Pay Raises
#48
02/01/2016
#53
02/01/2016
#55
02/01/2016
#55A
03/07/2016
#67
03/07/2016
#68
03/07/2016
#70
03/07/2016
Communication-BPD Traffic Sgt DiRuzza to amend
an ordinance XXI, Section .21.134 "No Parking Both
Sides" — Add Court St.
** Pending P & T recommendation
Councilor Martin — Petition from constituents on
Brimbal Hill Drive
** Pending P & T recommendation
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
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
Communication — BPD Traffic Safety Sgt DIRuzzaordinance change-Section 21.12(l) a Stop Sign at
Overlook Ave at Echo Ave
**Pending P & T recommendation
Communication- BPD Traffic Safety Sgt DiRuzza —
ordinance change re: Stop Sign @ Reservoir Rd &
Sohier Rd
**Pending P & T recommendation
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
ACTION
Scott D. Houseman
Estelle M. Rand
LEGAL AFFAIRS / COMMITTEE OF THE WHOLE
Monday, April 11, 2016
Beverly City Hall
6:30 PM
)ORDER
NUMBER
#38
#48
#53
#55
#55A
#67
#68
#70
#72
#81
#84
#87
DATE TO
COMMMEE
DESCRIPTION
01/19/2016
Communication — Beverly Police Benevolent Assoc.
Re: Amended Ordinance — Pay Raises
02/01/2016
02/01/2016
02/01/2016
03/07/2016
03/07/2016
03/07/2016
03/07/2016
03/07/2016
04/04/2016
04/04/2016
04/04/2016
Communication-BPD Traffic Sgt DiRuzza to amend
an ordinance XXI, Section .21.134 "No Parking Both
Sides" — Add Court St.
** Pending P & T recommendation
Councilor Martin — Petition from constituents on
Brimbal Hill Drive
** Pending P & T recommendation
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
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
Communication — BPD Traffic Safety Sgt DiRuzzaordinance change-Section 21.12(1) a Stop Sign at
Overlook Ave at Echo Ave
**Pending P & T recommendation
Communication- BPD Traffic Safety Sgt DiRuzza —
ordinance change re: Stop Sign © Reservoir Rd &
Sohier Rd
**Pending P & T recommendation
Communication from Councilor Latter re:
Handicapped Sign @ 19 Grant Street
**Pending P & T recommendation
ACTION
H
H
H
H
H
H
H
H
Communication- Council President Guanci — Re:
Beverly Middle School project — for Parking & Traffic
Comm. to review project & make recommendations
**Pending P & T recommendation
Communication from Mayor Re: amending
ordinance — Consignment Shop Sunday Openings
A3-0
Reappointment by Mayor— Suzanne LaMont to
serve on the Beverly Historic District Commission
A3-0
Communication from City Clerk — 2na Hand
Junk/Valuables Dealer License Renewals
A3-0
H
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
#88
#90
DATE TO
COMMITTEE
DESCRIPTION
ACTION
04/04/2016
Communication from City Clerk re: Burial Permit fee
increase from $15.00 to $25.00
A3-0
Application — License to Peddle — Vincent Frongillo,
22 1/2 Johnston Ter, Saugus, MA — Food Truck
A3-0
04/04/2016
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
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
#83
#85
Date to
Committee
04/04/2016
04/04/2016
Action Taken
(ascription
Appointment — Matthew Ulrich to
the Design Review Board
Reappointments - Toni Musante
and Rebecca Dupont Coutre —
Beverly Recycles ( formerly )Solid
Waste Management Committee)
A3-0
A3-0
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
David J. Lang - Chairman
Donald G. Martin
John P. Frates, Jr
PUBLIC SERVICES / CO ITTEE OF THE WHOLE
Monday, April 11, 2016
L
BEVERLY CITY
6:50 PM
Order
Number
#83
#85
Date to
Committee
04/04/2016
04/04/2016
Action Taken
Description
Appointment - Matthew Ulrich to
the Design Review - . rd
Reappointments - Toni Musante
and Rebecca Dupont Coutre Beverly Recycles ( formerly )Solid
Waste Management Committee)
A 3-0
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
Municipal Clerks Week
May 1 - 7, 2016
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
_
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 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.
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 management 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, 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.
You can find promotional materials for Municipal Clerk's Week under the Membership tab Municipal Clerk's Week at
www.iimc.com.
MUNICIPAL
i]
,1f
Ill 1 ,I i
.1
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 management 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 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.
yOteit, efrit4 a,Oatet. today/
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.
International Institute of Munici al Clerks
Professionalism in Local Government
CONTACT: Chris Shalby
Executive Director
FOR IMMEDIATE RELEASE
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
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
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.
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
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.
CITY OF PEVERLY
Ar) FC. '62nro
Y CLERKS LFFI.
Prf-, "IF FJ
CITY of BEVERLY
PLANNING OA D
201b APR Iii P 3:5L
191 Cabot Street
Beverly, Massachusetts 01915
Phone (978) 921-6000
Fax (978) 921-6187
11/favor
Michael P. Cahill
Planning Director
Aaron Clausen
Chairperson
John Thomson
Vice-Chair
Ellen Hutchinson
Members
Catherine Barrett
Edwin Barrett, HI
Ellen Flannery
David Mack
James Matz
Wayne A/filler
Michael Rotondo
April 14, 2016
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;
5
•
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,
10
31441
-1
191/61 /,
John Thomson
Chairperson
JT/ac
CC:
City Clerk
Mayor
Planning Director
Solicitor
Building Commissioner
CITY of BEVERLY
rITY F PFVETWY
PARKING AND TRAFFIC COMMISSIOcl‘4
191 Cabot Street
Beverly, Massachusetts 01915
Phone (978) 921-6000
Fax (978) 921-6187
LLI
UFFI.,11
701b APR I u P 3: 51.i
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.
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
CITY of BEVERLY
_
CITY OF PEVERO.
'41E0
CLERKS tiFFLZ
PARKING AND T FFIC COMMISSIONtr'71 YrD AP)
191 Cabot Street
Beverly, Massachusetts 01915
Phone (978) 921-6000
Fax (978) 921-6187
.1016 APR Ii P
I 14
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.
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
MASSDEVEIDPMENT
(— TY CF PEVERI.,"
Ps
k
17 3
1
C,
2BIb .APR —14 P
99 High Street
Boston, Massachusetts
April 1,2016
02110
Tel: 617-330-2000
800-445-8030
Fax: 617-330-2601
vAvsv.massdevelopmentrom
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.
CHARLES D. BAKER
Governor
For additional information, please do not hesitate to contact the borrower directly or
the undersigned at 978-459-6100.
KAM E. POLITO
Lieutenant Governor
Sincerely,
JAY AsH
Chairman
MARlY
JONES
President and CEO
Simmee K. Silton
Vice President
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
113
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
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
Matthew A. Beaton
Secretary
Martin Suuberg
Commissioner
Karyn E. Polito
Lieutenant Governor
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 6story 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
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
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 nonwaterdependent 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
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,
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
TWO THOUSAND SIXTEEN.
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
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.
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 6stories); 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
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. W154542-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.
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 6story 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.
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.
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.
Written Determination and Draft Special Conditions
Amendment to Watemays License N2: 8526A
Cummings Center, Beverly, Essex County
_
I •••
411 III
Page 12 of 12'
I • •
1/ • al. — oh. 1•411111110!"•••V •
•
everly Commerce Park,
said Department, and compensation thereof has been m
el • •
e Commonwealth -- two dollars and zero cents ($2.00) -LLC -- by payint into I I.
- •
'a..
•-
- 401
• •I-
f
• 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
day of
their hands this
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
t s . ount
by the said -- Beverly Commerce Park, LLC -- the further sum Of -- (N/A)
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.
100
Cummings Center
b?dating public pathway
1. 1
ill -Ill •
900
Cummtngs
Center
950
Cummings
• Center
E(New Six-Ste
Addition
950
Currimings Center: (West Parking daraPe) .
44P
s ettAiffA-Ventr4W-.
0".
/
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ore --"-Vgica.
g•ed,
41"
C.°L- •
GLIDDEN
STREET
Water-dependant
We Zone.
•--WL*
...... t74:4-1P-\`'
BASS RIVER
INLET
Partial Site Plan
.
0
Scale: 1" = 100'-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)
Vicinity Map
Scale: NTS
A 60'-C)"
TOP OF STRUCTURE
6th floor
s-
5th floor
S-
4th floor
07-
3rd floor
2nd floor
.
Grade
is 0 0 0
s--
0
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4 0 0 . 0 0 0 U•
.
.
950 CUMMINGS CENTER/
NEW SIX-STORY ADDITION
Section Detail
Scale: 1"=40'-0"
u0
0
10' 20'
950 CUMMINGS CENTER *
EXISTING "WEST GARAGE" /
80'
40' ; :
•
1200 Panel (378 kw)
r Solar Support Structure'
Section
• Scale: 1"=80'-0"
. •._
950 CUMMINGS
CENTER (NEW
SIX-STORY
.
ADDITION)
I
1.•
• :1 . 1 •
I
1
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East Elevation
Scale: 1"=80'-0"
•
I
o 20' 40'
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60'; • 120'
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)
•
.•
eg`g.
II
fl
fr
tfI ,r r
I
ii
A
— New Public
— Pathway
Vicinity Map
•
Scale: NTS •
4,•,:iffflt
4
2. 7
950 Cummings
• Center
(New Six-Story
950
Cummings
Center
(West Parking
• Garage)
Existing Public
Pathway
Partial Site Plan
Scale: 1" = 40'-0"
,
\ .,..
New •
limm Sculpture
Park and,
4ii Signege
60' 80'
Plan accompanying Petition of
Beverly Commerce Park, LLP .:•:'. '
200 West Cummings Park
Woburn, MA 01801
.
--..
To change Lisa of lower floors of the-- navy
addition: -: six-Story
•
to 950 Cummings Center
:
(Bass River Inlet and Bhoe Ponds;Beverly, MA):
Mr
----'-'
Existing Public
Pathway
,
.9.00,441rnmings Center:
.
Vicinity. Map
. •Soale:•NT
fl.7J 1,7-1
New Public
Restrooms
Existing
public pathway
950 Cumming;
Center
(West Parking
Garage)
LOWER SHOE POND
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
The Commonwealth of Massachusetts
CITY Of:BEV
RE!TIVED AND f'M
OED
!.:1 I Y CLERKS 'OFFICE
Division of Standards
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.
u-1- F/0 coer_s
I, the undersigned, hereby apply for a license to peddle
or kind °fats, yaree_or. rti_erch ndise)
_ pieri 44_ 4e4ruejlie
'
0.4e, 3e)(2 haiter
ae
444,
.
t_
i,.29 1h,p- 21,1o172,
fter ,
LP:<A'
werge/z4, s .44.41 ...7 , ,1 ,
44.4./
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.
2.
3.
4.
5.
..5'
Are you a citizen-of the United States?
Date of Birth
"11-1-1
If not a citizen, have you applied for citizenship?
Dale of Application
Have you ever had a Massachusetts license to peddle?
10
/
(A)In what year was it issued? (B)What was its number?
Do you use a motor vehicle?
j V c,
pack or parcel?
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?
.4---- No
Yes
If so, state fully the nature of each offence, the court which convicted, the date of conviction and the penalty Imposed
0
AP
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)
62 4 /1)
B
6iz
(Please print full name)
Address
Phone
2
14(/( PI
7g_z FAX
Cl
State
4
Email
,i-7L
7
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.
• the abOve-named applicant, is of good repute for
morals and integrity.
EDI.
41I
• .144
Chief of Police
City Clerk
rokt..7
THEFITTERT
fi/TaJsa lusetts State att2rry Commicsion
DEBORAH B. GOLDBERG
MICHAEL R. SWEENEY
Treasurer and Receiver General
Executive Director
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
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
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.
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
#82
04/04/2016
Communication from the Mayor re:
Formalization of City's Investment Policy
H2-0
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
A3-0
#86
DESCRIPTION
Action
Taken
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
Matthew J. St. Hilaire - Chairman
Scott D. Houseman
Estelle M. Rand
LEGAL AFFAIRS / COMMITTEE OF THE WHOLE
Npril 19, 2016
Tuesday
Beverly City Hall
7:00 PM
**WITHIN THE CONFINES OF THE CITY COUNIL MEETING
)ORDER
NUMBER
DATE TO
COMMMEE
DESCRIPTION
#38
01/19/2016
Communication — Beverly Police Benevolent Assoc.
Re: Amended Ordinance — Pay Raises
#48
02/01/2016
#53
02/01/2016
#55
02/01/2016
#55A
03/07/2016
#67
03/07/2016
#68
03/07/2016
#70
03/07/2016
Communication-BPD Traffic Sgt DiRuzza to amend
an ordinance XXI, Section .21.134 "No Parking Both
Sides" — Add Court St.
** Pending P & T recommendation
Councilor Martin — Petition from constituents on
Brimbal Hill Drive
** Pending P & T recommendation
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
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
Communication — BPD Traffic Safety Sgt DIRuzzaordinance change-Section 21.12(l) a Stop Sign at
Overlook Ave at Echo Ave
**Pending P & T recommendation
Communication- BPD Traffic Safety Sgt DiRuzza —
ordinance change re: Stop Sign @ Reservoir Rd &
Sohier Rd
**Pending P & T recommendation
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
ACTION
Scott D. Houseman
Estelle M. Rand
LEGAL AFFAIRS / COMMITTEE OF THE WHOLE
Monday, April 11, 2016
Beverly City Hall
6:30 PM
)ORDER
NUMBER
#38
#48
#53
#55
#55A
#67
#68
#70
#72
#81
#84
#87
DATE TO
COMMMEE
DESCRIPTION
01/19/2016
Communication — Beverly Police Benevolent Assoc.
Re: Amended Ordinance — Pay Raises
02/01/2016
02/01/2016
02/01/2016
03/07/2016
03/07/2016
03/07/2016
03/07/2016
03/07/2016
04/04/2016
04/04/2016
04/04/2016
Communication-BPD Traffic Sgt DiRuzza to amend
an ordinance XXI, Section .21.134 "No Parking Both
Sides" — Add Court St.
** Pending P & T recommendation
Councilor Martin — Petition from constituents on
Brimbal Hill Drive
** Pending P & T recommendation
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
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
Communication — BPD Traffic Safety Sgt DiRuzzaordinance change-Section 21.12(1) a Stop Sign at
Overlook Ave at Echo Ave
**Pending P & T recommendation
Communication- BPD Traffic Safety Sgt DiRuzza —
ordinance change re: Stop Sign © Reservoir Rd &
Sohier Rd
**Pending P & T recommendation
Communication from Councilor Latter re:
Handicapped Sign @ 19 Grant Street
**Pending P & T recommendation
ACTION
H
H
H
H
H
H
H
H
Communication- Council President Guanci — Re:
Beverly Middle School project — for Parking & Traffic
Comm. to review project & make recommendations
**Pending P & T recommendation
Communication from Mayor Re: amending
ordinance — Consignment Shop Sunday Openings
A3-0
Reappointment by Mayor— Suzanne LaMont to
serve on the Beverly Historic District Commission
A3-0
Communication from City Clerk — 2na Hand
Junk/Valuables Dealer License Renewals
A3-0
H
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
#88
#90
DATE TO
COMMITTEE
DESCRIPTION
ACTION
04/04/2016
Communication from City Clerk re: Burial Permit fee
increase from $15.00 to $25.00
A3-0
Application — License to Peddle — Vincent Frongillo,
22 1/2 Johnston Ter, Saugus, MA — Food Truck
A3-0
04/04/2016
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
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
#83
#85
Date to
Committee
04/04/2016
04/04/2016
Action Taken
(ascription
Appointment — Matthew Ulrich to
the Design Review Board
Reappointments - Toni Musante
and Rebecca Dupont Coutre —
Beverly Recycles ( formerly )Solid
Waste Management Committee)
A3-0
A3-0
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
David J. Lang - Chairman
Donald G. Martin
John P. Frates, Jr
PUBLIC SERVICES / CO ITTEE OF THE WHOLE
Monday, April 11, 2016
L
BEVERLY CITY
6:50 PM
Order
Number
#83
#85
Date to
Committee
04/04/2016
04/04/2016
Action Taken
Description
Appointment - Matthew Ulrich to
the Design Review - . rd
Reappointments - Toni Musante
and Rebecca Dupont Coutre Beverly Recycles ( formerly )Solid
Waste Management Committee)
A 3-0
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
Municipal Clerks Week
May 1 - 7, 2016
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
_
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 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.
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 management 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, 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.
You can find promotional materials for Municipal Clerk's Week under the Membership tab Municipal Clerk's Week at
www.iimc.com.
MUNICIPAL
i]
,1f
Ill 1 ,I i
.1
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 management 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 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.
yOteit, efrit4 a,Oatet. today/
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.
International Institute of Munici al Clerks
Professionalism in Local Government
CONTACT: Chris Shalby
Executive Director
FOR IMMEDIATE RELEASE
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
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
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.
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
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.
CITY OF PEVERLY
Ar) FC. '62nro
Y CLERKS LFFI.
Prf-, "IF FJ
CITY of BEVERLY
PLANNING OA D
201b APR Iii P 3:5L
191 Cabot Street
Beverly, Massachusetts 01915
Phone (978) 921-6000
Fax (978) 921-6187
11/favor
Michael P. Cahill
Planning Director
Aaron Clausen
Chairperson
John Thomson
Vice-Chair
Ellen Hutchinson
Members
Catherine Barrett
Edwin Barrett, HI
Ellen Flannery
David Mack
James Matz
Wayne A/filler
Michael Rotondo
April 14, 2016
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;
5
•
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,
10
31441
-1
191/61 /,
John Thomson
Chairperson
JT/ac
CC:
City Clerk
Mayor
Planning Director
Solicitor
Building Commissioner
CITY of BEVERLY
rITY F PFVETWY
PARKING AND TRAFFIC COMMISSIOcl‘4
191 Cabot Street
Beverly, Massachusetts 01915
Phone (978) 921-6000
Fax (978) 921-6187
LLI
UFFI.,11
701b APR I u P 3: 51.i
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.
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
CITY of BEVERLY
_
CITY OF PEVERO.
'41E0
CLERKS tiFFLZ
PARKING AND T FFIC COMMISSIONtr'71 YrD AP)
191 Cabot Street
Beverly, Massachusetts 01915
Phone (978) 921-6000
Fax (978) 921-6187
.1016 APR Ii P
I 14
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.
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
MASSDEVEIDPMENT
(— TY CF PEVERI.,"
Ps
k
17 3
1
C,
2BIb .APR —14 P
99 High Street
Boston, Massachusetts
April 1,2016
02110
Tel: 617-330-2000
800-445-8030
Fax: 617-330-2601
vAvsv.massdevelopmentrom
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.
CHARLES D. BAKER
Governor
For additional information, please do not hesitate to contact the borrower directly or
the undersigned at 978-459-6100.
KAM E. POLITO
Lieutenant Governor
Sincerely,
JAY AsH
Chairman
MARlY
JONES
President and CEO
Simmee K. Silton
Vice President
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
113
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
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
Matthew A. Beaton
Secretary
Martin Suuberg
Commissioner
Karyn E. Polito
Lieutenant Governor
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 6story 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
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
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 nonwaterdependent 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
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,
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
TWO THOUSAND SIXTEEN.
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
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.
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 6stories); 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
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. W154542-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.
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 6story 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.
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.
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.
Written Determination and Draft Special Conditions
Amendment to Watemays License N2: 8526A
Cummings Center, Beverly, Essex County
_
I •••
411 III
Page 12 of 12'
I • •
1/ • al. — oh. 1•411111110!"•••V •
•
everly Commerce Park,
said Department, and compensation thereof has been m
el • •
e Commonwealth -- two dollars and zero cents ($2.00) -LLC -- by payint into I I.
- •
'a..
•-
- 401
• •I-
f
• 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
day of
their hands this
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
t s . ount
by the said -- Beverly Commerce Park, LLC -- the further sum Of -- (N/A)
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.
100
Cummings Center
b?dating public pathway
1. 1
ill -Ill •
900
Cummtngs
Center
950
Cummings
• Center
E(New Six-Ste
Addition
950
Currimings Center: (West Parking daraPe) .
44P
s ettAiffA-Ventr4W-.
0".
/
0-)
ore --"-Vgica.
g•ed,
41"
C.°L- •
GLIDDEN
STREET
Water-dependant
We Zone.
•--WL*
...... t74:4-1P-\`'
BASS RIVER
INLET
Partial Site Plan
.
0
Scale: 1" = 100'-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)
Vicinity Map
Scale: NTS
A 60'-C)"
TOP OF STRUCTURE
6th floor
s-
5th floor
S-
4th floor
07-
3rd floor
2nd floor
.
Grade
is 0 0 0
s--
0
u.# u
4 0 0 . 0 0 0 U•
.
.
950 CUMMINGS CENTER/
NEW SIX-STORY ADDITION
Section Detail
Scale: 1"=40'-0"
u0
0
10' 20'
950 CUMMINGS CENTER *
EXISTING "WEST GARAGE" /
80'
40' ; :
•
1200 Panel (378 kw)
r Solar Support Structure'
Section
• Scale: 1"=80'-0"
. •._
950 CUMMINGS
CENTER (NEW
SIX-STORY
.
ADDITION)
I
1.•
• :1 . 1 •
I
1
I
I
L
I
I
I
I
I
I
I
•I• I
I
I
I
111110
rirh
1Tiv,vt
Ile
••••••
V
el
*ON.
If
It
If
•'7 ;
East Elevation
Scale: 1"=80'-0"
•
I
o 20' 40'
prion--E
60'; • 120'
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)
•
.•
eg`g.
II
fl
fr
tfI ,r r
I
ii
A
— New Public
— Pathway
Vicinity Map
•
Scale: NTS •
4,•,:iffflt
4
2. 7
950 Cummings
• Center
(New Six-Story
950
Cummings
Center
(West Parking
• Garage)
Existing Public
Pathway
Partial Site Plan
Scale: 1" = 40'-0"
,
\ .,..
New •
limm Sculpture
Park and,
4ii Signege
60' 80'
Plan accompanying Petition of
Beverly Commerce Park, LLP .:•:'. '
200 West Cummings Park
Woburn, MA 01801
.
--..
To change Lisa of lower floors of the-- navy
addition: -: six-Story
•
to 950 Cummings Center
:
(Bass River Inlet and Bhoe Ponds;Beverly, MA):
Mr
----'-'
Existing Public
Pathway
,
.9.00,441rnmings Center:
.
Vicinity. Map
. •Soale:•NT
fl.7J 1,7-1
New Public
Restrooms
Existing
public pathway
950 Cumming;
Center
(West Parking
Garage)
LOWER SHOE POND
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
The Commonwealth of Massachusetts
CITY Of:BEV
RE!TIVED AND f'M
OED
!.:1 I Y CLERKS 'OFFICE
Division of Standards
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.
u-1- F/0 coer_s
I, the undersigned, hereby apply for a license to peddle
or kind °fats, yaree_or. rti_erch ndise)
_ pieri 44_ 4e4ruejlie
'
0.4e, 3e)(2 haiter
ae
444,
.
t_
i,.29 1h,p- 21,1o172,
fter ,
LP:<A'
werge/z4, s .44.41 ...7 , ,1 ,
44.4./
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.
2.
3.
4.
5.
..5'
Are you a citizen-of the United States?
Date of Birth
"11-1-1
If not a citizen, have you applied for citizenship?
Dale of Application
Have you ever had a Massachusetts license to peddle?
10
/
(A)In what year was it issued? (B)What was its number?
Do you use a motor vehicle?
j V c,
pack or parcel?
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?
.4---- No
Yes
If so, state fully the nature of each offence, the court which convicted, the date of conviction and the penalty Imposed
0
AP
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)
62 4 /1)
B
6iz
(Please print full name)
Address
Phone
2
14(/( PI
7g_z FAX
Cl
State
4
,i-7L
7
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.
• the abOve-named applicant, is of good repute for
morals and integrity.
EDI.
41I
• .144
Chief of Police
City Clerk
rokt..7
THEFITTERT
fi/TaJsa lusetts State att2rry Commicsion
DEBORAH B. GOLDBERG
MICHAEL R. SWEENEY
Treasurer and Receiver General
Executive Director
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
