2001-11-197:30 PM Public Hearing re Wetlands Protection Ordinance
7:58 PM Public Hearing re Petition Mass Electric-Conduit Tall Tree Drive
regular Meeting of Beverly City Council Nov 11, 2001regular Meeting of Beverly City Council Nov 11, 2001
Roll Call
:
Councilors present: Costa, Guanci, martin, McGlynn, McMahon,
Smith, Troubetaris, Flaherty
Pledge of Allegiance to the Flag
:
Led by Councilor Guanci
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of Nov. 5, 2001
Communications from His Honor the Mayor
:
#289
November 19, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
For some time negotiations have gone on between the City of Beverly and the owners of the so-called
3.6 acre Ventron waterfront site. As a result of a merger, the Ventron site is owned by Rohm & Haas
Corporation
I am hopeful that I can put this transaction before your Honorable Council for action at your next
meeting. My purpose tonight is to refresh your recollection regarding this matter.
By way of review, the City of Beverly can purchase the 3.6-acre Ventron site on the waterfront for
$925,000 from Rohm & Haas, the owners of the property. Extensive environmental studies and
remediation have taken place and Beverly would be provided with comfort in this regard.
Discussions I have held with the Council and other discussions with Ward 2 residents have
consistently concluded that acquisition by the city would be intended to control the development of
the site but that indeed the site would be developed. Said in another way, the City likely cannot
afford to buy the site and make it into a park.
The financial impact of the City based on short term (2-4 years) of ownership would be very modest,
in the order of $35,000 to $40,000 per year of carrying cost. On the other hand acquisition aimed at
turning the space into, for example, a park would be quite expensive.
Based on the former strategy, i.e. that of temporary ownership to control development, I intend to
recommend that your Honorable Council appropriate $925,000 to acquire this site. There does exist a
plan developed by Mr. Bochynski for a walkway to be located along the shore between our existing
waterfront site and the Ventron property. This walkway would pass beneath the highway bridge and
importantly beneath the railroad bridge to allow pedestrian access between the two sites without
having to cross either the road or the railroad tracks. Thus this connection would be very important
and serve to allow us to think of the two waterfront parcels as one.
My belief is that careful development of the site utilizing the synergy offered by the City’s nearby
presence on the waterfront is in Beverly best interest.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Finance & Property
156
#290
November 19, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. George Heller, 101 Lovett Street,
Beverly, MA 01915, to serve as a member of the Beverly License Board.
His term will be effective until June 1, 2006.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#291
November 19, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizens to serve as
members of the Beverly Cultural Council:
Doreen Ushakoff Brad Waldron
43 Lovett Street 7 Bisson Street
Lou Anne Faria Elizabeth Lund
81 Essex Street 33 Hathaway Avenue
Their terms will be effective until April 30, 2003.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Public Service and Aid
#292
November 19, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mrs. Patricia Grimes, 26 Old Town
Road, Beverly, MA 01915 to serve as a member of the Beverly Planning Board.
She will fill the position left vacant when William Delaney resigned. Her term will be effective until
December 31, 2004.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
157
#293
November 19, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mrs. Linda Goodenough, 81 Lovett
Street, Beverly, MA 01915, to serve as a member of the Conservation Commission.
She will replace Patricia Grimes who has resigned. Her term will be effective until June 30, 2004.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#294
November 19, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mrs. Jennifer Palardy, 87 Hull Street,
Beverly, MA 01915, to serve as a member of the Design Review Board.
Her term will be effective until December 1. 2003.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#295
November 19, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Attorney Jeffrey L. Stelman, 7 Fern
Street, Beverly, MA 01915, to serve as an alternate member to the Zoning Board of Appeal.
His term will be effective until October 1, 2006.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#296
November 19, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
158
I hereby reappoint, subject to your review and recommendation, the following members of the Beverly
Harbor Management Authority:
Donald Neuman
26 Washington Street
Anthony Wheelock
7 Amherst Road
Their terms will be effective until December 31, 2002.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Public Service and Aid
#297
November 19, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the attached list of Northeast Health
Systems personnel to serve as Special Police Officers for the calendar year 2002.
Also attached is a recommendation from Police Chief John Cassola concerning these appointments.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Public Service and Aid
#298
November 19, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The City of Beverly knowingly dumped refuse for over 25 years on land owned by the Maestranzi
brothers. The land in fact became part of the landfill leaving the Maestranzis in no position to
beneficially use their land. Attached is a proposal written by Marshall Handly, City Solicitor, to swap
land with the Maestranzis and fully resolve this matter without litigation or financial outlay and
ensure DEP compliance.
I recommend this resolution and look forward to discussing same with you.
Please take appropriate action to effect this transaction.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Finance and Property
#299
November 19, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
159
As you likely know, I have the intention to put forward appointments to the Golf and Tennis
Commission. Many people have applied. I have selected nine persons whose names will be
submitted to you for your review and approval. These names are currently being reviewed with
Johnson Golf in accordance with the recent settlement agreement. I expect that process to conclude
in time to bring the names forward at the next Council meeting.
Thank you.
Very truly yours,
William F. Scanlon, Jr., Mayor
Receive and Place on File
Communications from other City Officers and Boards
#282
Honorable City Council
191 Cabot St.
Beverly, MA 01915
Dear Members of the Council
The Beverly public Schools Department of Fine Arts requests approval to hang a
banner over Cabot Street promoting the Student Arts Festival. The dates we would
like to hang the banner are March 8 through April 12, 2002
In an effort to raise awareness in the community for the school district’s largest single
event, a banner will be seen by numerous citizens and will show visitors to Beverly
how much we value arts education in our schools.
Additionally, hanging a banner is a suggestion that is most often made by parents
when feedback on the arts festival is gathered. We will be designing a banner that
can be used for several years. It will read something along the lines of the following.
“Beverly Public Schools District Arts Festival www.beverlyschools.com
Thank you for your consideration of this request.
Sincerely,
Richard King, Director of Fine Arts
Referred to Legal Affairs and Accounts
#300
November 19, 2001
Mr. Timothy Flaherty, President
Beverly City Council
191 Cabot St.
Beverly, MA
Dear Mr. President:
The Board of Assessors respectfully requests that a public hearing be held on
December 3, 2001 for the purpose of allocating the fiscal year 2002 tax levy
percentages among the four classes of real and personal property, as well as
consideration of the adoption of open space, residential and small commercial
exemptions.
Please note that the adoption by the City Council of the residential or small
commercial exemptions is contingent upon a recommendation from the Mayor. If
no recommendation is made, no vote is required on these exemptions.
Very truly yours,
160
John Heaphy, Chairman, Board of Assessors
Referred to Finance and Property
Communications, Applications and Petitions
#283
Comm. from Mass Development Finance Agency re bond project Seven Hills
Foundation, Inc. Amherst Road and Trask Road
Receive and Place on File
#284
Claim- Anne Leadbeater
Receive and Place on File
Refer to City Solicitor
#285
Application to sell Christmas Trees-Rose Hip Farm, 61 Conant Street
Refer to Legal Affairs and Accounts
#286
Comm re change of ownership at 586 Cabot Street to American Petroleum
Refer to Legal Affairs and Accounts
Reports from Committees:
#289
The Committee on Finance and Property to whom was referred the matter of the
Ventron Property have considered said matter and beg leave to report as follows,
to wit:
Receive and Place on File
8-0 Vote
Order Read once and Adopted
#300
The Committee on Finance and Property to whom was referred the matter of Setting
of Allocation FY2002 Tax Levy Percentages have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council hold a Public Hearing on Monday, Dec. 3, 2001 at
7:55 PM in Council Chamber, 191 Cabot St. Beverly, MA relative to the allocation of
FY 2002 tax levy percentages among the four classes of real and personal property
and consideration of adoption of open space, residential and small commercial
exemptions
8-0 Vote
Order read once and adopted
161
#298
The Committee on Finance and Property to whom was referred the matter of
Maestranzi Property have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered;
That the City Council give permission for City Solicitor Marshall Handly to engage in
negotiations with the Maestranzi Brothers to resolve the situation with their land without litigation
or financial outlay and ensure DEP compliance.
8-0 Vote
Order read once and adopted
#220
The Committee on Legal Affairs and Accounts to whom was revered the matter of
Ordinance re Trees have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year Two thousand and one
An Ordinance amending an ordinance entitled "Trees "
Be it ordained by the city council of the City of Beverly as follows:
Chapter 23, of the revised ordinances of the city of Beverly, 1989, be, and the same is
hereby amended as follows:
ADD: Sec. 5 Injuring Property Trees
No person shall wantonly, cut down, trim, remove, in whole or in part, injure or destroy
any tree or shrub in any way, street or public grounds in the city except with
permission of the public authorities in charge thereof
ADD: Sec. 6 Penalties for violation of sections 1, 3, 4, & 5
Violation of Sec 23-1, Sec 23-3, Sec 24-4, and Sec 23-5 shall be subject to a fine of one
hundred ($100.00) dollars to the use of the city.
This ordinance to take effect as provided by city Charter
First Reading: November 19, 2001
Final Passage: December 3, 2001
Ordinance read once and defeated on a 4-4 Vote
#234
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Wetlands Protection Ordinance have considered said matter and beg leave to
report as follows, to wit
Submit the accompanying ordinance and recommend its adoption
In the year two thousand and one
An Ordinance amending an ordinance entitled “Planning”
Be it ordained by the City Council of the City of Beverly as follows, to wit:
CITY OF BEVERLY
WETLANDS PROTECTION ORDINANCE
162
Table of Contents
1.1 PURPOSE
I.2 JURISDICTION
I.3 EXEMPTIONS
I.4 APPLICATIONS TO PERFORM WORK
AND INFORMATION REQUIRED
I.5 HEARINGS
A. Combination with State Law
B. Notice
C. Proof
D. Continuances
E. Investigations
I.6 ORDERS AND DECISIONS
A. All Orders and Decisions
B. Security to Assure Performance
C. Duration of Orders
D. Modifications, Amendments, Revocation
I.7 CERTICATES OF COMPLIANCE
I.8 RULES AND REGULATIONS
I.9 ENFORCEMENT, INVESTIGATIONS & VIOLATIONS
I.10 RESPONSIBILITY FOR COMPLIANCE AFTER OWNERSHIP TRANSFERS
I.11 CAPTIONS AND SEVERABILITY
PURPOSE
The purpose of this ordinance is to provide more protection to the wetland
resource areas of the City of Beverly than is already granted by the Wetland
Protection Act M.G.L. Chapter 131, Section 40 and the Regulations 310 CMR
10.00. It is intended to be more protective than the existing regulations and
therefore more beneficial to the specific needs and values of this
community. It would provide the Conservation Commission more authority
to regulate activities that might have a harmful effect on the following
important interests: public or private water supply, groundwater, flood
control, erosion and sedimentation control, storm damage prevention, water
pollution control, fisheries, shellfish, wildlife and rare species habitat,
agriculture, aquaculture and recreation.
.2 JURISDICTION
Except as permitted in writing by the Commission, or as provided in this
Ordinance, no person shall engage in the following activities (“activities”):
removal, filling, dredging, discharging into, building upon, or otherwise altering
or degrading the City’s wetland resource areas, consisting of:
1) any isolated vegetated wetland,
2) any vernal pool,
3) any vegetated wetland bordering on any creek, river, stream, pond or
lake,
4) any bank, beach, fresh or salt water marsh, wet meadow, bog or swamp,
5) any land under any creek, river stream, pond or lake,
6) any 100-foot buffer zone of wetland areas 1-5 listed above,
7) any land subject to storm flowage, or flooding by groundwater or
surface water,
8) the 200-foot riverfront area,
9) ocean
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The wetland resource areas listed in 1-9 above may also be protected under
the Massachusetts Wetlands Protection Act. M.G.L. Chapter 131, Section 40
(“the Act”) and its accompanying regulations 310 CMR 10.00.
The Commission shall not grant such permission without receiving written
notice of the intention to conduct such activity, and without issuing written
permission to do so all in compliance with the provisions of this Ordinance.
1.3 EXEMPTIONS
This Ordinance shall not apply to the following activities:
1. Emergency projects as defined in the Commission’s regulations (Section
II); or
2. Maintenance, repair, or replacement, without substantial change or
enlargement, of existing and lawfully located structures or facilities used in
the service of the public and used to provide electric, gas, water distribution,
telephone, or other telecommunication services to the public; or
3. Normal maintenance of land in active agricultural use, as defined in the
Commission’s regulations (Section II); or
4. Maintenance and repair of existing public ways; and
All appropriate measures should be undertaken to prevent damage to any
resource areas that would have a detrimental effect on the interests of the
Ordinance and the Act.
APPLICATIONS TO PERFORM WORK AND INFORMATION REQUIRED
All applications to perform activities in the City’s resource areas shall be either in
the form of a Request for Determination of Applicability or a Notice of Intent, or
both. Such applications shall contain data and plans as specified in the
Commission’s regulations, and shall be submitted in complete written form to the
Commission as required by this Ordinance, regulations, and application
checklist (Appendix A of Regulations). The date which serves to commence the
Commission’s deliberation period is the date of receipt of the application at its
offices, during regular office hours. The City’s Conservation Administrator shall
be authorized to make determinations of completeness for applications
submitted to the Commission and shall reject, within two (2) business days, those
applications that do not meet the minimum submittal requirements of this
Ordinance, regulations, and application checklist. In order to provide sufficient
review time the Commission may continue a public hearing or public meeting if
new information is submitted by the applicant, or applicant’s agent, less than
seven (7) business days before the scheduled public hearing or public meeting.
The applicable forms may be obtained from the Commission and must be
signed by the applicant or applicant’s agent where required. The
Commission may require further information by Regulations, guideline, or as
otherwise deemed
necessary by the Commission. No such application shall be accepted as
complete before all permits, variances, and approvals required by the
Ordinances of the City with respect to the proposed activity, at the time of
such Notice, have been applied for or obtained. Such application shall also
include any information submitted in connection with such permits,
variances, and approvals which is necessary to describe the effect of the
proposed activity on the resource area(s).
Upon receipt of a permit application or RFD for complex projects such as
subdivisions, the Commission is authorized to require the applicant to pay
with a reasonable cost determined by the Commission (not to exceed 0.5%
or $5,000) for specific expert engineering and other consultant services
deemed necessary by the Commission to finalize the decision on the
application. Any unused portion will be returned to applicant.
I.5 HEARINGS
A) Combination with State Law Hearing:
164
The said Commission, in its discretion, may hear any oral presentation under
this Ordinance at the same public hearing required to be held under the
provisions of Chapter 131, Section 40 of the Massachusetts General Laws.
Notice of the time and place of such hearing(s) shall be given as required
below.
B) Notice:
Notice of the time and place of the hearing shall be given at the applicant’s
expense, not less than seven (7) calendar days prior to the public hearing,
by publication in a newspaper of general circulation in Beverly, and by
mailing a copy of such notice to all land owners within 300 feet of land on
which the work is proposed. All publications and notices shall contain the
name of the applicant, a description of the area where the activity is
proposed by street address, if any, or other adequate identification of the
location of the area or premises which is the subject matter of the hearing,
and the nature of the action or relief requested, if any. Public notice
requirements for continued public hearings under this Ordinance shall be
the same as the notification requirements set forth in 310 CMR 10.05(5)(b)3.
C) Proof:
The applicant shall have the burden of providing by a preponderance of
credible evidence that the activity proposed in the Notice of Intent will not
cause adverse
impacts to any of the interests and values intended to be protected by this
Ordinance. Failure to provide the Commission adequate evidence for it to
determine that the proposed activity will not cause adverse impacts shall be
sufficient cause for the Commission to deny permission or to grant such
permission with such conditions as it deems reasonable, necessary, or
desirable to carry out the purposes of this Ordinance; or to postpone or
continue the hearing to another date certain to enable the applicant and
others to present additional evidence, upon such terms and conditions as
deemed by the Commission to be reasonable.
Due consideration shall be given to possible effects of the proposal on all
interests and values to be protected under this Ordinance and to any
demonstrated hardship on the petitioner by reason of a denial, as brought
forth at the public hearing.
Filing fees are non-refundable. Review fees not totally expended by the
Commission shall be refunded..
D) Continuances:
The Commission may continue a public hearing or public meeting in the
following situations:
1. With the consent of the applicant, to an agreed-upon date which shall be
announced at the hearing; or
2. Without the consent of the applicant, to a specific date for the reasons
stated at the hearing, including but not limited to receipt of additional
information from the applicant or others; and
3. Any application that expires would require refiling of the Notice of Intent.
E) Investigations:
The Commission, its agents, officers, and employees, may enter upon
privately owned land for the purpose of carrying out its duties under this
Ordinance and may make or cause to be made such examination or survey
as deemed necessary.
I.6 ORDERS AND DECISIONS
A) All Orders and Decisions:
165
If the Commission determines that the proposed activity does not require the
imposition of conditions to preserve and protect the interests of this
Ordinance, the applicant shall be so notified in writing.
If, after the hearing, the Commission determines that the proposed activity is
significant to one or more interests and values of this Ordinance, the Commission
may vote to issue written Orders of Conditions within 21 days of the close of the
public hearing. The Commission may impose such conditions, safeguards, and
limitations on time and use upon such activity as it deems necessary to protect
those interests and values.
The Commission may prohibit such activity altogether, in the event that it
finds that the interests and values of this Ordinance cannot be preserved
and protected by the imposition of such conditions, safeguards, or
limitations.
B) Security to Assure Performance:
The Commission may, as part of its Order of Conditions, require, in addition
to any security required by any other City of State Board, Commission,
agency, or officer, that the performance and observance of the conditions,
safeguards, and limitations imposed under this Ordinance on the applicant
and owner be secured by one, or both, of the following methods:
1. Deposit:
By the deposit of money, sufficient to complete the work as proposed, to
secure performance of the conditions and observance of the safeguards of
such Order of Conditions. Such security, if filed or deposited, shall be
approved as to form and manner of execution by City Counsel or the City
Treasurer.
2. Land Restriction(s):
By a Conservation restriction, easement, or other covenant running with the
land, executed and properly recorded (or registered, in the case of
registered land).
C) Duration of Orders:
All Orders of Conditions shall expire three (3) years after the date of issuance.
An Order of Conditions may be extended for one (1) year upon the request
of the applicant. The request for an extension of an Order of Conditions
shall be made to the Commission at least 30 days prior to expiration of the
Order of Conditions. The Commission may grant only two (2) extensions for
an individual Order of Conditions.
No activity governed by an Order of Conditions shall be performed unless
and until all permits, approvals, and variances required by the Ordinances
of the City
shall have been obtained, such Order of Conditions or notification shall
have been
recorded or registered at the Essex South District Registry of Deeds, and all
applicable appeal periods have expired. The Commission shall have the
right to record or register its Order of Conditions with said Registry of Deeds.
No work shall proceed until proof is provided that the Order of Conditions
has been properly recorded at the Registry of Deeds. In the event that an
Order of Conditions issued pursuant to this Ordinance is identical to a final
Order of Conditions issued pursuant to the provisions of M.G.L Chapter 131,
Section 40, only one such order need be recorded or registered.
D) Modifications, Amendments, Revocations:
The Commission shall have the authority (on its own motion or upon the
petition of the applicant, or any person interested) to modify, amend, or
revoke an Order of Conditions. In revoking an Order of Conditions, the
Commission shall officially notify the interested parties through certified mail
and hold a public hearing within 21 days of the notification date. In the
case of an amendment to an Order of Conditions, the Commission shall
166
have the discretion to decide if a public hearing is warranted. This decision
shall be based on the potential impact of the proposed work and its effect
on the ability of the identified wetland resource areas to provide those
interests as defined under the Act and Ordinance. No public hearing is
required for a modification to an Order of Conditions. Written notification to
the applicant by certified mail is required in all cases where the Commission
initiates a modification, amendment, or revocation of an Order of
Conditions.
1.7 CERTIFICATES OF COMPLIANCE
The Commission shall, upon receiving a written request and weather
permitting, inspect the resource areas where the activity governed by an
Order of Conditions was carried out and issue a Certificate of Compliance
(or Partial Certificate of Compliance) to the owner of the property,
applicant, or applicant’s representative, in a form suitable for recording or
registering, if it shall determine that all of the activity(ies), or portions thereof,
limited thereby have been completed in accord with said Order.
I.8 RULES AND REGULATIONS
The Commission shall be empowered to establish Rules and Regulations to
govern its affairs, including but not limited to fees, definitions, use of consultants,
security to assure performance, performance standards for work in wetland
resource areas, and such other information the Commission deems necessary to
discharge its responsibilities. After due notice and public hearing, the
Commission may promulgate such rules and regulations to effectuate the
purposes
of this Ordinance, by a majority vote of the duly appointed members.
Failure by the Commission to promulgate such rules and regulations, or a
legal declaration of their validity by a court of law, shall not act to suspend
or invalidate the effect of this Ordinance.
ENFORCEMENT, INVESTIGATIONS, VIOLATIONS
In accord with the provisions of M.G.L. Chapter 40, Sections 21D and 31 as well
as every other authority and power that may have been or may hereafter be
conferred upon it, the City may enforce the provisions of this Ordinance, restrain
violations thereof, and seek injunctions and judgments to secure compliance
with its Orders of Conditions. Without limiting the generality of the foregoing:
A) Any person who violates any provision of this Ordinance or of any
condition of a permit issued pursuant to it may be punished by a fine
pursuant to Massachusetts General Laws, Chapter 40, Section 21.
Each day or portion thereof during which a violation continues shall
constitute a separate offense; if more than one, each condition
violated shall constitute a separate offense. This Ordinance may be
enforced pursuant to Massachusetts General Laws Chapter 40,
Section 21D, by a City police officer, other persons having police
powers, Conservation Commissioners, or the Conservation
Administrator.
In accordance with Ch. 40 S. 21D, violators shall, at the discretion of
the enforcement authorities, be charged a penalty. The penalties for
violations of this Ordinance or regulations promulgated hereunder
may be assessed as follows:
Violation
Penalty/Violation/Day
Alteration of any wetland resource area
identified in Section I.2 of this Ordinance:
$100
167
Violation of any Order of Conditions:
$100
Depositing any refuse, debris, yard waste in a wetland or
water body:
$100
Depositing any construction material in a wetland or
water body:
$500
Alteration of any stream or water body:
$100
Violation of any section of this Ordinance that occurs in the
Watershed Overlay District:
$200
B) In the event of a violation of this Ordinance or of any order issued
thereunder, the Commission or its agents may issue a stop work order
to the owner, the applicant, or the applicant’s agent by certified
mail, return receipt requested, or by posting the same in a
conspicuous location on said site. Any person who shall violate the
provisions of a stop work order shall be deemed in violation of the
Ordinance; but the failure of the Commission to issue a stop work
order for any reason shall not prevent the City from pursuing any
other legal remedy at law or in equity to restrain violations of this
Ordinance or promulgated regulations and to secure compliance
with its Orders.
C) The City shall be the beneficiary of all fines imposed on account of
the violation of this Ordinance or promulgated regulations in order to
defray the expense of enforcing the same.
D) Upon request of the Commission, the City Council and City Solicitor
shall take such legal action as may be necessary to enforce this
Ordinance or promulgated regulations and permits issued pursuant
to it.
E) Upon recommendation of the Commission, the City Council may
employ Special Counsel to assist the Commission in carrying out the
legal aspects, duties, and requirements of this Ordinance and
promulgated regulations.
RESPONSIBILITY FOR COMPLIANCE AFTER OWNERSHIP TRANSFERS
After the recording of a Notice of Violation or Order, any person who purchases,
inherits, or otherwise acquires real estate upon which work has been done in
violation of the provisions of this Ordinance or in violation of any Order issued
under the Ordinance shall forthwith comply with any such Order or restore such
land to its condition prior to any such violation; provided, however, that no
action, civil or criminal, shall be brought against such person unless such action
is commenced within three years following the recording of the deed or the
date of death by which such real estate was acquired by such person.
CAPTIONS AND SEVERABILITY
The captions used herein are for convenience only and are expressly intended to
have no legal or binding significance. The invalidity of any section or provision of
this Ordinance shall not invalidate any other section or provision thereof, nor shall it
invalidate any Order of Conditions or decisions which have previously become
final.
First Passage: November 19, 2001
Final Passage: December 3, 2001
8-0 Vote
Order read once and held for final passage as per charter provisions
168
#273
The Committee on Legal Affairs and Accounts to whom was revered the matter of
appointment to Zoning Board of Appeal Alternate Members have considered said
matter and beg leave to report as follows, to wit:
Recommend the council approve the appointment
Andrea Fist Approved 3-0
Scott Ferguson Approved 2-1 with Councilor Troubetaris in the negative
Mark Schmidt Approved 3-0
Vote 8-0
Order read once and adopted
#275
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Deed Sam Fonzo Drive have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council accept the deed from Fonzo Realty Trust II as
presented for the Public Way know as Sam Fonzo Drive.
8-0 Vote
Order Read once and adopted
#276
The Committee on Public Service and Aid to whom was referred the matter of
Montserrat Community Partnership have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying order and recommend it adoption
Ordered: That the City Council appoint Ward Two Councilor Ron Costa to serve on
the Montserrat Community Partnership Committee.
8-0 Vote
Order read once and adopted
#279
The Committee on Legal Affairs and Accounts to whom was referred the matter of
MassHighway re Sam Fonzo Drive Speed Regulations have considered said matter
and beg leave to report as follows, to wit:
Receive and Place on File
8-0 vote
Order read once and adopted
#280
The Committee on Public Service and Aid to whom was referred the matter of
application to sell Christmas Trees, Rochna’s Treeland, 484 Rantoul Street have
considered said matter and beg leave to report as follows, to wit:
Recommend the License Be granted
8-0 Vote
Order read once and adopted
169
#285
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application to sell Christmas Trees, Rose Hip Farm, 61 Conant Street have considered
said matter and beg leave to report as follows, to wit:
Recommend the permit be granted
8-0 Vote
Order read once and adopted
#212
The Committee on Public Service and Aid to whom was referred the matter or
Request for Fire Department Tests have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
#219
The Committee on Public Service and Aid to whom was referred the matter of
request to replace trees in wetland area Sylvester Ave to Obear Park have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
#248
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment-Beverly Airport Commission Paul Vitale and John Duval have
considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
9-0 Vote
Order read once and adopted
#276
The Committee on Public Service and Aid to whom was referred the matter of
Montserrat Community Partnership have considered said matter and beg leave to
report as follows, to wit:
Ordered: That the City Council appoint Ward Two Councilor Ron Costa to serve on
the Montserrat Community Partnership Committee.
8-0 Vote
Order read once and adopted
Resolutions:
#287
Resolution honoring Charles F. Patterson, Executive Director of the American Red
Cross-Great Beverly Chapter
Unfinished Business:
Motions and Orders:
170
#288
By Councilor Guanci:
Ordered: That the Mayor appoint at least three people to the current recycling
committee. The current committee, chaired by Mary Rodrick, is down to two
members and is unable to perform a quorum at each meeting and has been
unable to perform its advisory duties.
Meeting adjourned: 9:15 PM Frances A. Macdonald, CMC
City Clerk
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