2003-05-057:30 PM Mary Rodrick RE Recycling
7:40 PM David Gardner re Open Space and Recreation Semi-Annual Report
7:50 PM #146 Public Hearing Transfer to Account – Fire Shift Coverage and Police Overtime
Recessed until meeting of May 19, 2004@ 7:45 PM
RegulaRegular Meeting of Beverly City Council April. 22, 2003r Meeting of Beverly City Council April. 22, 2003
Roll Call
:
Councilors Present: Ronald Costa, William Coughlin, Timothy Flaherty,
Donald Martin, Virginia McGlynn, John Murray, Maureen Troubetaris, Paul Guanci ,
Councilor Morency was absent.
Pledge of Allegiance to the Flag
: Led by Councilor Troubetaris
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of April 22, 2003
Communications from His Honor the Mayor
:
#163
April 29, 2003
Frances Macdonald City Clerk
191 Cabot Street
Beverly, MA 01915
Dear Ms. Macdonald:
Pursuant to Section 3-5 of the Beverly Home Rule Charter relative to temporary
appointment to city officers:
I designate Robert Nelson, who is presently serving as the Temporary Director of
Municipal Inspections and the Temporary Building Inspector, to serve for an additional
period as provided for by the Charter.
His 60-day temporary appointment will expire on May 7, 2003.
Very truly yours,
Thomas M. Crean, Mayor
Receive and Place on File
#164
April 29, 2003
Frances Macdonald City Clerk
191 Cabot Street
Beverly, MA 01915
Dear Ms. Macdonald:
Pursuant to Section 3-5 of the Beverly Home Rule Charter relative to temporary
appointment to city officers:
I designate William Ambrefe, who is presently serving as the Temporary Inspector of Wires,
to serve for an additional period as provided for by the Charter.
His 60-day temporary appointment will expire on May 17, 2003.
83
Very truly yours,
Thomas M. Crean, Mayor
Receive and Place on File
#165
April 30, 2003
Councilor Timothy P. Flaherty
191 Cabot Street
Beverly, MA 01915
Dear Councilor Flaherty:
I am in receipt of your request of April 16, 2003 asking “when we will see your five year
Capital Improvement Plan.”
The Capital Plan is undergoing a major revision in light of the new economic conditions
at the state and city levels. That revision has been dependent on the outcome of a
number of votes before the City Council, specifically and most significantly the proposal
for the construction of a new Beverly High School, along with a proposed sewerage
project on Hale and West streets and several other projects. The city has also been
reviewing two major proposals to improve the Glover’s Wharf section of its waterfront.
All of these will have a major impact on the city’s capital spending plans. However, I
have decided that in response to your concerns, I will proceed with the information on
hand rather than wait for the resolution of these matters. Accordingly, it is my
expectation that the plan will be submitted to the council for its May 19, 2003 meeting.
That date is approximately a year since the submission of my previous plan last year. I
would suggest for your consideration that the Charter Commission consider a change in
the due date of this plan for the future, as the first plan is expected from a newly elected
mayor only three weeks after his inauguration.
I remind you in the meantime that the council still has last year’s Five-Year Capital Plan,
which includes the years 2003-2007 and can serve as a reference in your deliberations.
As the mayor who has funded ordinance review and charter implementation, you may
rest assured that I share your dedication to our Charter and its full implementation.
Very truly yours,
Thomas M. Crean, Mayor of Beverly
Receive and Place on File
#142
April 30, 2003
Beverly City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council
Re: Amendment to Communication
I hereby appoint, subject to your review, Mr. Jerry Parisella, 14 Red Rock Lane, Beverly,
MA 01915 to serve as a member of the
Youth Activities Commission.
His term will expire on December 31, 2003, as he is filling a vacancy.
This letter amends my original communication dated April 22, 2003.
Very truly yours,
Thomas M. Crean, Mayor
84
Referred to Public Service and Aid
#166
May 5, 2003
Beverly City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Reid Hoover, 13 Doe
Run Drive, Newburyport, MA 01950, to serve as a Constable of Beverly for the express
purpose of serving Civil Process. His term will expire on May 5, 2006.
This application for appointment has been reviewed and approved by Police Chief John
Cassola.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Legal Affairs and Accounts
#167
May 5, 2003
Beverly City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I enclose for your review a letter over the signature of Debra A. Hurlburt, Director of
Planning & Development, in which she proposes increasing the municipal filing fees
charged by the Planning Department.
These fees have been reviewed and approved by the Solicitor’s office.
I enclose these fees for your review and approval.
Very truly yours,
Thomas M. Crean, Mayor
Refer to Finance and Property
#168
May 5, 2003
Beverly City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council adopt the attached Order authorizing the
City to appropriate the sum of One Hundred Fifty-Two Thousand Three Hundred Forty and
22/100 ($152,340.22) Dollars from the Stop and Shop Traffic Improvements Fund #640 fund
balance to Account #20610/57000 for the purpose of construction improvements to Cox
Court.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
85
Communicationsfrom other City Officers and Boards
#169
April 3, 2003
Honorable City Council
191Cabot Street
Beverly, MA 01915
Dear Members of the Council:
This is the Open Space and Recreation Committee’s march2003 semi-annual report in
accordance with its founding Charter.
The Committee continues its program including:
Funding;
Secured a very limited gift for reproduction of the trail map. A
reasonable amount of funding is needed to support the
Committee for map reproduction.
Land acquisition:
Continued discussions with several property owners in preserving
open space.
Promoted use of the Henderson Road site for active recreation
Inventory and Plans:
Finalized the Action Plan 2002 and have begun reproduction of
the plan for distribution.
Prepared a draft management plan for Sally Milligan Park for
review and approval by the Parks and Recreation Commission
and the Conservation Commission.
Trails:
Completed a final trail map and solicited funding for reproduction
Marked several trails in Sally Milligan Park.
Public Participation:
Planned public events for Earth Day weekend on April 27.
Future Activities:
The Committee is discussing how best to support the City
Administration and Boards in preserving and managing open
space.
The Committee thanks you for your continuing support.
For the Committee
David F. Gardner, Chairman
Receive and Place on File
#170
April 28, 2003
Honorable City Council
c/o Mrs. Frances MacDonald
City Hall
Beverly, Ma. 01915
Dear Council,
RE: Request for a Stop Sign
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We have been asked to look into the possibility of placing STOP sign at the intersection of
Appleton Avenue and Harrison Avenue. We have investigated this location and found it
meets the warrants for a stop sign.
In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts
General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of
Beverly, we request the following stop sign;
Appleton Avenue, East bound drivers on Appleton Avenue at Harrison Avenue.
ADD:
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Refer to Legal Affairs and Accounts
#171
April 28, 2003
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
Re: Request from Councilor Costa to delete the1hour-parking area on Endicott Street,
easterly side, from Thorndike Street to Abbott Street.
We have been asked to look into removing the 1 hour-parking signs on Endicott Street,
easterly side, from Thorndike Street to Abbott Street. We have looked at this area and if
Councilor Costa and residents want the restriction removed it will not affect the traffic
flow.
Please take the necessary action to delete Chapter 14, Section 125 as follows:
Endicott Street, easterly side, from Thorndike Street to Abbott Street.
DELETE:
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Referred to Legal Affairs and Accounts
#172
TO: Frances Macdonald
RE: Release of Airport Land for Lease
Background:
There are two (2) parcels of airport land that are identified on attached map as Lot 1D
and Lot 1E that are not suitable for aviation use and may be used for non-aviation
purposes.
There is commercial interest on these parcels, however lease of City property must first be
approved by City Council and then the parcels may go out for proposals.
On November 25, 2002, the City’s Finance and Property Committee met and approved
the release (or sale) of these parcels. At the time these two parcels were two of four
parcels that the airport commission was requesting a release for either lease or sale. The
commission was seeking a “blanket” release on all four. When the request went before
City Council they said they needed to vote on particular parcels and particularly on
whether it was lease or sale, no “blanket” approval.
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There was also a question of who received the revenue of a lease or sale, the City or the
Airport which has since been resolved (the Airport receives rent and the City receives
property tax).
Justification:
A lease of airport property would provide continuous revenue to the airport enterprise
fund and continuous tax revenue to the City.
Primary Benefits to Airport and City.
Revenue, Taxes, and jobs.
Requested Action:
Since the Finance and Property Committee have already approved the lease of four
airport parcels, including the two above, would you please submit this request to the
Mayor and City Council for a vote at the May 5, 2003 City Council meeting. If it however,
must go before Finance and Property Committee again would you please submit our
request through those proper channels. Thank You.
Beverly Airport Commission
Referred to Finance and Property
#173
To: City Councilors
From: Robert A. Munroe, Asst. City Solicitor
RE: Dog Ordinance
Enclosed are proposed Ordinances amending Chapter 4, Section II, and Chapter 16 of
the revised Ordinances.
Also enclosed for your perusal is Chapter 4, Section II, in its entirety, with proposed
changes bolded.
CITY OF BEVERLY
In the year two thousand and three
amending Chapter 16 of the City of Beverly Revised Ordinances.
AN ORDINANCE
Be it ordained by the City Council of the City of Beverly as follows:
Chapter 16 of the Revised Ordinances of the City of Beverly is further amended by
deleting Sec. 16-3(5) in its entirety.
CITY OF BEVERLY
In the year two thousand and three
amending Chapter 4 of the City of Beverly Revised Ordinances.
AN ORDINANCE
Be it ordained by the City Council of the City of Beverly as follows:
Chapter 4 of the Revised Ordinances of the City of Beverly is further amended by
the following:
By deleting Sec. 4-26 (e) in its entirety and substituting therefore:
(e) (1)From and including Memorial Day to and including Labor Day of each year, dogs
will be permitted in Lynch Park (excluding Gardens, beaches, playing fields, and
playground equipment areas) only between the hours of 6:00 a.m. to 7:45 a.m.
(e) (2) From and including Memorial Day to and including Labor Day of each year, dogs
will be permitted in any other City Park (excluding Gardens, beaches, playing fields, and
playground equipment areas) only between the hours of 7:30 p.m. to 8:00 a.m.
88
By deleting from Sec. 4-27(b) (1) and (2) and substituting therefore:
(1) Spayed/neutered dogs: $15.00
(2) Unaltered Dogs: $25.00
(3) Dogs Declared Dangerous: $50.00
(4) Late fee for License Renewals Applied for After April 15: $10.00
By amending Sec. 4-28(c) to read:
“subject to a fine of fifty dollars ($50.00) for a first offense, seventy-five dollars ($75.00) for
a second offense, and one hundred dollars ($100.00) for a third or any subsequent
offense.”
and by further striking from Sec. 4-28(c) the entire last sentence of said section beginning
with the word “Notwithstanding” to the end of such sentence/section.
By deleting from Sec. 4-28(d) the words “five dollars ($5.00)” and substituting therefore
the words “fifteen dollars ($15.00)”
Referred to Legal Affairs and Accounts
Communications, Applications and Petitions:
#174
Petition Of Mass Electric for J. O. Pole and 2 4” pvc conduits on Edward Street
Referred to Public Service and Aid
#175
Application-Second Hand Junk Dealers License-Beverly Used Furniture, 282 Cabot Street
Referred to Legal Affairs and Accounts
#176
Application-Second Hand Junk Dealers License-M & Z Antiques, 260 Cabot Street
Refer to Legal Affairs and Accounts
#177
Application Class III MVDL, J & P Used Auto Parts, 25 Creek Street
Refer to Legal Affairs and Accounts
#178
Invitation to March in Beverly Veteran’s Council Memorial Day Parade on May 25, 2003.
Receive and Place on File
#179
Comm. from Comm. of Mass Office of District Attorney relative to Open Meeting Law
and Beverly Airport Commission
Refer to Legal Affairs and Accounts
89
#180
Application Limousine License-Robert MacKenzie, d/b/a New England Livery. 45
Dartmouth Street
Refer to Legal Affairs and Accounts
#181
Late File
Invitation to March in M. J. Cadigan Post Memorial Day Parade, Sunday, May 26, 2003
Receive and Place on File
Reports from Committees
:
#167
The Committee on Finance and Property to whom was referred the matter of
appropriation to account Cox Court Improvements from Stop and Shop 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 of the City of Beverly hold a public hearing on Monday,
May 19, 2003 at 7;50 PM in Council Chambers, 191 Cabot Street, Beverly MA relative to
an appropriation to account Cox Court Improvements from Stop and Shop in the
amount of one hundred fifty two thousand three hundred forty dollars and 22 Cents.
First Passage: May 5, 2003
Public Hearing: May 19, 2003
Final Passage: May 19, 2003
8-0 Vote
Order read once and adopted
#127
The Committee on finance and Property to whom was referred the matter of North Shore
Regional Vocational School District proposed FY 04 Budget 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
#147
The Committee on Finance and Property to whom was referred the matter of Reduction in
budget 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
#150
The Committee on Finance and Property to whom was referred the matter of
Communication from Beverly Golf and Tennis re increase in 2003 Green and Cart Fees
and 10 Round Passes have considered said matter and beg leave to report as follows, to
wit:
Submit the accompanying order and recommend its adoption
90
Ordered: That the City Council approve the request of the Beverly Golf and Tennis Club
to increase their Green and Cart Fees for the 2003 Golf Season and also the institution of
a 10-round pass.
6-1 Troubetaris against Coughlin recused
Order read once and adopted
#151
The Committee on Finance and Property to whom was referred the matter of Proposed
Order, Prop 2 ½ Debt Exemption for Schematic Drawings 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
#153
The Committee on Finance and Property to whom was referred the matter of
Communication relative to moving of Civil War Monument 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
#59
The Committee on Legal Service and Aid to whom was referred the matter of Ordinance
re Zoning-Signs 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 three
An Ordinance Amending an ordinance entitled “Zoning” Section 25 Signs
Be it ordained by the City Council of the city of Beverly as follows:
: in its entirety, Section 29-25 Signs
DELETE
ADD:
29-25 SIGNS
A. Signs, generally:
Declaration of Policy: It is hereby declared to be the policy of the City of Beverly
that the protection of property values, the protection of the character of the various
neighborhoods in the City, the encouragement of the sound development of land
throughout the City for its most appropriate use, and the protection of the public welfare
in general requires strict limitation of all display signs in the City.
It is the general policy of the City that the primary purpose of a sign is for the
identification of a business and not for advertisement. The design of the sign must
respect and be compatible with the architecture of the building and surrounding
buildings for which or upon which it is being erected.
The intent of setting size, design, and location parameters for signs is not to
promote the design of nearly identical signs, but to define limits within which applicants
can be creative.
Any sign placed on land or on a structure for the purposes of identification or
protection of the same or for advertising a use conducted thereon shall be deemed to
be accessory and incidental to such land, structure or use. All applications for a building
permit to erect or alter any sign shall be reviewed by the Design Review Board. It is the
91
purpose of this ordinance to place such limitations on display of all such signs in order to
achieve a sense of order and aesthetics, to promote attractive commercial areas and
entrances to the City of Beverly, to provide for the display of signs which are structurally
safe and do not interfere with traffic movement, traffic signals, or traffic signs; and to
assure that the signs will be appropriate to the land, building or use to which they are
appurtenant and be adequate, but not excessive, for the purpose of identification. With
respect to signs identifying business uses, such regulations have been devised after
considering, among other matters: shopping habits, extent of trade areas, and means of
access to such uses, and are specifically intended among other things, to avoid
excessive competition among sign displays in their demand for public attention.
Upon the removal, closing, or change of ownership of any business, industrial
operation, or establishment, in all cases including lessors or lessees, any nonconforming
sign then existing on the premises of said operation or establishment shall be removed
and any new sign erected by a succeeding operation or establishment shall be
conforming. No establishment that has the grandfathered use of a non-conforming sign
shall be allowed to transfer that use to another establishment or be allowed to use the
sign to identify another establishment.
Any exterior design features of a building or structure that are associated with a
corporate image or identification of a business shall be considered a sign, or the
extension of the area of a sign, and subject to regulation under this Ordinance.
General guidelines: All signs must meet the following general guidelines
regardless of zoning district and shall not violate the provisions of Section D:
1. The definitions for signs at 29-2(B) numbers 43(a)-(s) shall apply to this
section.
2. Sign location: signs must be located so as not to detract from a building’s
architecture. A sign shall not be placed such that it obscures the
architectural elements such as roofs, cornices, columns, arches, windows,
details, or other such building features or ornamentation.
3. Style and design of sign: lettering, shape, and color employed in a sign
shall be compatible with the form, color, and materials of the building
housing the establishment that the sign is identifying. Signs for different
businesses within the same building, or for a collection of buildings
including but not limited to those which form a shopping center shall be of
harmonious style and design.
4. Sign message: given a sign’s primary purpose is identification, a sign’s
message should clearly and simply identify a business. A sign may include
lettering and symbols to indicate the name and the kind of primary
business, service or facility conducted on the premises, and the year the
business was established. The sign may include a street address.
5. Trademark: a sign may incorporate no more than one registered
trademark, logo, or identifying symbol provided that the registered
trademark, logo, or identifying symbol must be for an establishment only,
not for a commodity or product sold by the establishment. The area of
the registered trademark, logo, or identifying symbol shall be included in
the calculation of the allowable area of the sign.
6. Illumination: Except as otherwise provided, signs may be illuminated either
internally through the use of some sort of translucent materials (for
example: individual letters, opaque, overhang) with lights behind or with
neon tubing or externally through mounting of incandescent or
fluorescent lamps directed at the sign on the building. The type of
illumination employed shall not distract from the building’s architecture.
Colored lighting, open flame, or bare bulbs shall not be used.
7. No sign or any portion of any sign, shall be allowed to have changeable
messages, except those signs belonging to: theaters, places of worship,
non-profit educational entities.
8. In the case of any inconsistencies among the provisions of this Section 29-
25, the most restrictive provisions shall apply.
B. Specific standards by zoning district:
1. Signs permitted in any CG, CC, IR, or IG district:
92
a. Wall sign: One (1) permanent wall sign shall be permitted for each
ground floor business' primary façade that face(s) a public way. The
maximum size of the sign shall be determined as follows:
(i) For businesses with up to 30 feet of primary facade:
20 square feet;
(ii) For businesses with a primary façade between 30 feet and
40 feet:
30 square feet;
(iii) For businesses where the primary façade is greater than 40 feet in
length, the allowed size of the sign shall be determined by a
formula that, described in general terms, compares the length of
the primary façade, expressed as a square footage number, with
a distance between the business and a public way. The size is
determined as follows:
(a) If the distance of the closest point of the building to the nearest lot line
abutting a public way is more than 0 foot but not greater than 20 feet,
the maximum sign area shall be the lesser of either 25 s.f. or two times
the length of the primary façade (that is, the length of the primary
façade expressed as a square footage number);
(b) If the distance of the closest point of the building to the nearest lot line
abutting a public way is more than 20 feet, but not greater than 40
feet, the maximum sign area shall be the lesser of either 30 s.f. or two
times the length of the primary façade (that is, the length of the
primary façade expressed as a square footage number);
(c) If the distance of the closest point of the building to the nearest lot line
abutting a public way is more than 40 feet but not greater than 80
feet, the maximum sign area shall be the lesser of either 60 s.f. or two
times the length of the primary façade (that is, the length of the
primary façade expressed as a square footage number).
For example, if the primary façade of this building is 50 feet long,
then the sign could be no larger than 60 square feet. [60 s.f. is less than 2 x
50 (the length of the primary façade) = 100 s.f.
(d) If the distance of the closest point of the building to the nearest lot line
abutting a public way is more than 80 feet, the sign shall be the lesser
of either 150 s.f. or two times the length of the primary façade (that is,
the length of the primary facade expressed as a square footage
number).
For example, if the primary façade of this building is also 50 feet
long, then the sign could be no larger than 100 square feet. [100 s.f. (2 x
50, the length of the primary façade) = 100 is less than 150 s.f.]
All signs must be placed in the building’s sign band, if one exists
and the sign must be placed so it does not obscure architectural detail of
the building. If a building does not have a sign band, then the top of any
sign shall be no higher than the middle of the sills of the second story
windows or fifteen feet above grade, whichever is lower. Wall signs shall
project no more than twelve (12) inches out from the building. Mounting
hardware shall be placed to minimize its view from the sidewalk.
b. Freestanding sign: No freestanding sign shall be permitted in the CC,
CG, IR, & IG districts except in the cases where:
Single Building with a Single Business: A single building has only one
business and lacks visibility from the street because the entire building is
situated more than 200 feet from the front lot line, or more than 75% of the
building is obscured by topography (ledge, hills, valleys). In this case, one
(1) freestanding sign up to ten (10) square feet in area is allowed. The top
of the sign shall be no higher than fifteen (15) feet above grade, have no
more than two (2) faces, shall not overhang any public way, and shall not
be more than twelve (12) inches deep.
Single Building with Several Businesses: A single building has two or
more businesses and lacks visibility from the street because the entire
building is situated more than 200 feet from the front lot line, or more than
93
75% of the building is obscured by topography (ledge, hills, valleys). In this
case, one freestanding sign up to thirty (30) square feet in area is allowed.
The top of the sign shall be no higher than fifteen (15) feet above grade,
have no more than two (2) faces, shall not overhang any public way, and
shall not be more than twelve (12) inches deep.
Several Buildings with several businesses: Several buildings have, in
the aggregate, more than two businesses (e.g. without limitation, retail
shopping center, business office park, consisting of wholesale,
manufacturing, or service businesses) and lacks visibility from the street
because all buildings are situated more than 200 feet from the front lot
line, or more than 75% of all buildings are obscured by topography (ledge,
hills, valleys). In this case, one freestanding sign up to thirty-five (35)
square feet in area is allowed. The top of the sign shall be no higher than
15 feet above grade, have no more than 2 faces, shall not overhang a
public way, and shall not be more than twelve (12) inches deep.
Freestanding signs for single buildings with several businesses and
for several buildings with several businesses shall employ a sign that gives
the place name of the set of businesses as one entity or by one name
(e.g. “North Beverly Plaza” or “Cummings Center” and may include the
street address within the square foot area allowed for the sign.
c. Window signs:
Upper floor and ground floor uses:
One (1) sign is permitted per business provided it does not cover
any more than the lesser of:
1. twenty (20) percent of the window opening in which the sign is
located;
2. maximum of ten (10) square feet.
Such signs must be individual letters affixed or painted in a single
window opening (see definition).
d. Awning signs: One (1) awning sign is permitted for each ground floor
use provided that letters are painted on or integral to awning fabric,
are in a maximum of one (1) line and are no larger than six (6) inches
in height. No internally illuminated awning signs are allowed.
e. Temporary signs: Temporary exterior signs are allowed as follows:
1. An application must be filed with the Building Inspector;
2. The application must state text and time period when the sign will be
displayed;
3. Only one sign is allowed at a time per business;
4. The sign shall be displayed no longer than fourteen (14) consecutive
days; and
5. No other temporary sign can be applied for until a 21-day no-sign
period has passed since the last temporary sign was displayed.
The provisions of this subsection (e) shall not apply to retail
businesses from November 15 to January 15.
f. Gasoline filling station signs:
Gasoline filling stations shall be allowed the following three types of
permanent signs: a primary façade sign, a canopy sign, and a gasoline
price sign, provided however that such signs shall meet all of the other
requirements of Section 29, in addition to those set forth is this subsection.
1. Canopy Signs. Up to two (2) canopy signs are
permitted for
each gasoline filling station, provided that they are each a
maximum of one (1) line, not greater than twelve (12) inches in height and
not longer than six (6) feet. Identifying symbols (logo, trademark, etc.), if
any, shall be considered part of the canopy sign when calculating the
94
maximum allowed size. No internally illuminated canopy signs are
allowed.
2. Gasoline Price Signs. In addition to signs specified
in this section and pump signs specifically allowed in Section 29-25C,
gasoline filling stations are also permitted one non-illuminated gasoline
price sign not to exceed nine (9) square feet. All letters and numbers shall
not exceed 8 inches in height. The bottom of the gasoline price sign shall
not exceed 8 feet higher than grade.
The calculation of the maximum size of a gasoline filling station
price sign shall include the gasoline prices, the company name, if any,
and all identifying symbols (logo, trademark, etc.) if any. No business
establishment that includes a gasoline filling station shall be allowed more
than one gasoline price sign. The gasoline filling station price sign shall
have no more than two (2) faces.
All signs for the retail sale of food (whether prepackage or
prepared on the premises under a separate business name) and
accessory items associated with automobile maintenance and use shall
be included in the maximum allowed signage calculations for gasoline
filling stations.
See also Gasoline pump signs (see Section 29-25 – C13)
g. Residential Project Signs: Sign may not exceed twenty (20) square feet
in area and six (6) feet in height, and may give the place name of a
multiple-family dwelling complex or single-family subdivision.
2.
Signs permitted in any CN, HD, or WD district:
a. Wall sign: One (1) permanent wall sign not to exceed a maximum of
twenty (20) square feet is permitted for a ground floor use’s primary
façade.
All signs must be place in the building’s sign band if one exists and
the sign must be placed so it does not obscure architectural detail of the
building. If a building does not have a sign band, then the top of any sign
shall be no higher than the bottom of the sills of the second story windows
or fifteen feet above grade, whichever is lower. The sign shall project no
more than nine (9) inches out from the building. Mounting hardware shall
be placed to minimize its view from the sidewalk. Lighted signs may only
be externally illuminated.
b. Freestanding sign: No freestanding sign shall be permitted in the CN,
HD, or WD districts except in the cases where:
Single Building with a Single Business: (1) A single building has only
one business and lacks visibility from the street because the entire building
is situated more than 200 feet from the front lot line, or more than 75% of
the building is obscured by topography (ledge, hills, valley). In this case
one (1) freestanding sign up to ten (10) square feet in area is allowed. The
top of the sign shall be no higher than fifteen (15) feet above grade, have
no more than two (2) faces, shall not overhang any public way, and shall
not be more than twelve (12) inches deep.
Single Building with Several Businesses: (2) A single building has two
or more businesses and lacks visibility from the street because the entire
building is situated more than 200 feet from the front lot line, or more than
75% of the building is obscured by topography (ledge, hills, valleys). In this
case, one freestanding sign up to twenty (20) square feet in area is
allowed. The top of the sign shall be no higher than fifteen (15) feet
above grade, have no more than two (2) faces, shall not overhang any
public way, and shall not be more than twelve (12) inches deep.
Several Buildings with Several Businesses: (3) Several buildings have,
in the aggregate, more than two businesses (e.g. without limitation, retail
shopping center, business office park, consisting of wholesale,
manufacturing, or service business) and lack visibility from the street
because all buildings are situated more than 200 feet from the front lot
line, or more than 75% of all buildings are obscured by topography (ledge,
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hills, valleys). In this case, one freestanding sign up to twenty-five (25)
square feet in area is allowed. The top of the sign shall be no higher than
15 feet above grade, have no more than 2 faces, shall not overhang a
public way, and shall not be more than twelve (12) inches deep.
Freestanding signs for single buildings with several businesses and
for several buildings with several businesses shall employ a sign that
identifies the set of businesses as one entity or by one name (e.g. “North
Beverly Plaza” or “Cummings Center”) and may include the street address
within the square foot area allowed for the sign.
c. Window signs:
1. Upper floor uses: One (1) sign (up to 3 s.f. in size) is permitted per
business. Illuminated signs are not permitted.
2. Ground floor uses: One (1) sign is permitted per business provided it
does not cover more than the lesser of:
(a) twenty (20) percent of the window opening in which the sign is
located; or
(b) a maximum of six (6) square feet;
Such signs must be individual letters affixed or painted in a
single window opening (see definition).
d. Awning signs: One (1) awning sign is permitted for each ground floor
use provided that letters are painted on or integral to awning fabric,
are a maximum of one (1) line and are no larger than six (6) inches in
height. No internally illuminated awning signs are allowed.
e. Temporary signs: Temporary signs are allowed as follows:
1. An application must be filed with the building inspector;
2. The application must state text and time period when the sign will
be displayed;
3. Only one sign is allowed at a time per business;
4. The sign shall be displayed no longer than fourteen (14)
consecutive days; and
5. No other temporary sign can be applied for until a 21-day no-sign
period has passed since the last temporary sign was displayed.
The provisions of this subsection (e) shall not apply to retail
businesses from November 15 to January 15.
f. Gasoline filling station signs:
Gasoline filling stations shall be allowed the following three types of
permanent signs: a primary façade sign, a canopy sign, and a gasoline
price sign, provided however that such signs shall meet all of the other
requirements of Section 29, in addition to those set forth is this subsection.
1. Canopy Signs. Up to two (2) canopy signs are
permitted for
each gasoline filling station, provided that they are each a
maximum of one (1) line, not greater than twelve (12) inches in height and
not longer than six (6) feet. Identifying symbols (logo, trademark, etc.), if
any, shall be considered part of the canopy sign when calculating the
maximum allowed size. No internally illuminated canopy signs are
allowed.
2. Gasoline Price Signs. In addition to signs specified
in this section and pump signs specifically allowed in Section 29-25C,
gasoline filling stations are also permitted one non-illuminated gasoline
price sign not to exceed nine (9) square feet. All letters and numbers shall
not exceed 8 inches in height. The bottom of the gasoline price sign shall
not exceed 8 feet higher than grade.
The calculation of the maximum size of a gasoline filling station
price sign shall include the gasoline prices, the company name, if any,
and all identifying symbols (logo, trademark, etc.) if any. No business
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establishment that includes a gasoline filling station shall be allowed more
than one gasoline price sign. The gasoline filling station price sign shall
have no more than two (2) faces.
All signs for the retail sale of food (whether prepackage or
prepared on the premises under a separate business name) and
accessory items associated with automobile maintenance and use shall
be included in the maximum allowed signage calculations for gasoline
filling stations.
See also Gasoline pump signs (see section 29-25 – C-13).
Residential Project Signs: Signs may not exceed twenty (20) square
feet in area and six (6) feet in height, and may give the place name of a
multiple-family dwelling complex or single-family subdivision.
C. Signs Not Requiring Design Review Board Approval
The following signs shall be allowed by right without the necessity of DRB approval
provided, however, that they shall conform with the provisions of Paragraph A of this
Section 29-25.
1. Signs erected by or on the order of a governmental agency when limited
to governmental purposes, and excluding any advertising;
2. Names of building, date of erection, monument citation and
commemorative tablets when made a permanent and integral part of a
building or site not exceeding five (5) square feet.
3. Banners or flags emblematic of or issued by national, state, or local
governments;
4. Holiday decorations and lights when in season;
5. Signs not to exceed two (2) square feet in size which indicate warnings,
hazards, or public conveniences such as “trespass,” “beware of dog,”
and restroom signs;
6. Signs not to exceed two (2) square feet in size which are necessary for
safety and direction of residents, employees, customers and visitors,
whether in a vehicle or on foot provided that such signs do not carry the
name or symbol of any product and that the name or symbol of any
business does not take up more than 30% of the sign space;
7. Signs whose purpose is to identify a house of worship or a community
building, provided that the sign does not exceed 12 square feet in size
and is not internally illuminated;
8. Signs not to exceed two (2) square feet in size whose purpose is giving
only direction and distance to specified house of worship; community
buildings, provided that no such sign shall be illuminated;
9. Home signs, not to exceed two (2) square feet in size which indicate the
name and address of the occupant(s) of a dwelling;
10. A sign, not to exceed (2) two square feet, which indicates a permitted
accessory use or home occupation;
11. One (1) temporary sign, not to exceed six (6) square feet in all residential
districts or twenty-four (24) square feet in all other districts, which
announces the prospective sale, rent, lease, or trade of, or contracting
work done on, the property. Such sign shall be removed within three (3)
days after the sale, rental, lease, trade, or completion of work on such
premises;
12. Directory boards attached to buildings shall be allowed for the sole
purpose of directing the public to and identifying the location of
occupants or tenants within a building(s), provided that the letters in
directory boards shall not exceed one (1) inch in height; and the total sign
area shall not exceed three (3) square feet;
13. One sign on the gasoline pump indicating the types and prices of
gasoline provided the sign shall not exceed one square foot;
14. Temporary window signs on the first floors of nonresidential buildings
provided they do not exceed the smaller of six square feet or 20 percent
of the area of the window (see definition of sign area) and are up no
longer than 14 days.
D. The Following Types of Signs are Prohibited
1. Any sign displaying flashing or intermittent lights, or lights of changing
degrees of intensity, except a sign indicating time or temperature, with
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changes alternating on not less than a five-second cycle when such time
or temperature sign does not constitute a public safety or traffic hazard, in
the judgment of the Building Inspector and the judgment of the Design
Review Board.
2. Any lighting either by exposed tubing or string of lights outlining a part or
all of a building or affixed to any ornamental feature thereof, except
those items temporarily affixed to a building or other portions of the
premises which denote a particular season of the year or universally
celebrated holiday.
3. Any sign that obscures a sign displayed by public authority for the purpose
of giving traffic instructions or directions or other pubic information.
4. Any sign that uses the word “stop” or “danger” or otherwise presents or
implies the need or requirement of stopping or caution or the existence of
danger, or which is a copy or imitation of, or which for any reason is likely
to be confused with any sign displayed by public authority.
5. Any sign that obstructs light or impedes a person’s passage through any
window, door, fire escape, stairway, ladder or opening intended to
provide light, air, ingress, or egress for any building, as required by law.
6. Any sign or sign illumination that causes any direct glare into or upon any
street, or into or upon any building other than the building to which the
sign is affixed.
7. Any portable sign, with or without self-contained wheels, which is
designed and constructed so as not to be permanently affixed to the
land (namely, freestanding) and moved from one place or location to
another. This includes any removable signs displayed on a vehicle.
8. Any sign that violates any provision of any law of the State relative to
outdoor advertising.
9. Signs constructed, erected or maintained above the roofline of any
building, except with Design Review Board approval.
10. Any off-premises sign, such as a billboard, which indicates a use or
product not available on the property where the sign is located.
11. Any sign which advertises or calls attention to any products, businesses, or
activities, which are no longer sold or carried on at the premises where
the sign is located. No such sign shall remain for more than thirty (30) days
beyond the date the business vacates said premises. Both the landlord
and the lessee shall be individually responsible for removing such signs.
12. Any right angle wall sign that project more than four (4) feet from a
building face or wall;
13. Any sign, which due to its placement obscures the visibility of motor
vehicles thus creating a traffic hazard.
14. Any sign not expressly permitted by this ordinance.
E. Permit Requirements and Design Review Process
Except as provided for in Section 29-25C of this ordinance, no sign shall be
erected, or existing sign altered in any way without review and approval by the Design
Review Board and without issuance of a building permit as required by the Building
Inspector. All such signs shall be subject to the following design review process:
Application: the applicant shall submit to the Design Review Board seven
(7) copies of the application form describing the design of the proposed sign along with
a colored drawing of the sign to scale, a site plan, if applicable, and a photograph
showing the existing building or site, and such other material as may be required by the
Design Review Board. The submittal of the application shall be in form and format as
specified by the Design Review Board. The Board may revise such application
requirements, as necessary, from time to time.
Design Review application fees: the applicant shall submit to the Design Review
Board the application form, other required materials and the application fee identified
below:
a. For signs and canopies: $2.00 per square foot; and
b. For new building construction: $100.00
1. Design Review Board decision: within sixty (60) days of the receipt of the
application including all required materials, the Design Review Board shall
either approve or disapprove the application. It is suggested that the
applicant be present at the meeting. Should the Board fail to take action
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within sixty (60) days after receiving application, the requested sign shall be
deemed approved by the Design Review Board.
2. Sign permit: upon notice of approval from the Design Review Board, the
applicant may apply for a sign permit for the proposed signage from the
Building Inspector.
In keeping with Section 29-5(M) of the City’s Zoning Ordinance, and in
recognition of the difficulty in regulating the use of all types of signs within the City, the
Design Review Board shall also be assigned the following duties:
(a) The Design Review Board shall approve or disapprove all signs
proposed now or hereafter within the City of Beverly which are not
expressly allowed by right by this ordinance.
In approving or disapproving any particular sign not expressly
allowed by this ordinance, the Design Review Board shall take into
consideration the following:
i) the zoning district, the uses existing in the area, and the
general character of the area;
ii) the economic and business interests of the party having
erected or proposing to erect the sign;
iii) the aesthetic appearance of the sign and its overall effect on
the surrounding area, including ensuring that the sign is
consistent with the general policy and adheres to the design
guidelines as defined in Section 25-29(A) of this ordinance.
(b) The Design Review Board shall not approve the erection of any sign
expressly prohibited by this ordinance, other City ordinance, or the
building code of the Commonwealth of Massachusetts.
F. Maintenance and Enforcement
All signs and their devices supporting them shall be kept in good repair and safe
condition. This shall mean the absence of rust, broken or dangling parts, and cracked,
peeling, and flaking paint.
The Building Inspector or a designee is authorized to order the repair or removal
of any sign and its supporting structure which in the judgment of the Building Inspector is
deemed unsafe, in disrepair, or which is erected or maintained contrary to the provisions
of this ordinance.
Any person, firm or corporation violating any section or provision of this ordinance
which pertains to signage shall be issued a warning and be given fourteen (14) days to
comply. If a violation continues unabated past such time a citation with a fine of one
hundred dollars ($100.00) shall be issued for each day willful violation continues.
The Building Inspector or a designee shall be responsible for issuing such warnings
and citations for such violations of the provisions of this ordinance and for enforcing the
provisions of this section.
8-0 Vote
Order read once and held for final passage as per Charter Provisions
#154
The Committee on Legal Affairs and accounts to whom was referred the matter of
Application for Second Hand Junk Dealers License, the Curiosity Shop, have considered
said matter and beg leave to report as follows, to wt:
Recommend the License be Granted
8-0 Vote
Order read once and adopted
#156
The Committee on Legal Affairs and Accounts to whom was referred the matter of Class
II MVDL Cobblestone Vintage Motors 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
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#173
The Committee on Legal Affairs and Accounts to whom was referred the matter of
amendment to the Dog 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 three
An Ordinance amending an ordinance entitled Animals and Parks and Recreation
Be it ordained by the City Council of the City of Beverly as follows:
Chapter 4 of the Revised Ordinance of the City of Beverly is further amended by the
following:
DELETE: Sec 4-26 (e) in its entirety
ADD: (e) (1) From and including Memorial Day to and including Labor Day of each year,
dogs will be permitted in Lynch Park (excluding Gardens, beaches, playing fields and
playground equipment areas) only between the hours of 6:00 am and 7;45 PM
(e) ( 2) From and including Memorial Day to and including Labor Day of each year,
dogs will be permitted in any other City Park (excluding Gardens, beaches, playing fields
and playground equipment areas) only between the hours of 7:30 pm to 8:00 am
By deleting from Sec. 4-27 (b) (1) and (2) and substituting therefore:
1. Dogs $15.00
2. Dogs declared dangerous $50.00
3. Late fee for License Renewals applied for after April 15: $10.00
By amending Sec 4-28 ( c ) to read:
Subject to a fine of fifty ($50.00) for a first offense, seventy-five dollars ($75.00) for a
second offense, and one hundred dollars ($100.00) for a third or any subsequent offense.
And by further striking from Sec 4-28 (c) the entire last sentence of said section beginning
with the word “Notwithstanding” to the end of such sentence/section.
By deleting from Sec. 4-28(d) the words five dollars and substituting therefore the words
fifteen dollars
8-0 Vote
Ordinance read once and held for final passage as per Charter Provisions
#70
The Committee on Public Service and Aid to whom was referred the matter of Request
for blinking red light at River and School Streets 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 Electrician do an estimate for the procurement and installation of
a red blinking ground based traffic light on the corner of River and School Streets.
8-0 Vote
Order read once and adopted
#88
The Committee on Public Service and Aid to whom was referred the matter of
Communication re Cable TV 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
100
#140
The Committee on Public Service and Aid to whom was referred the matter of
Appointment-Commission on Disabilities, have
Norman Ganley and Robert Nelson
considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointments
8-0 Vote
Order read once and adopted
#142
The Committee on Public Service and Aid to whom was referred the matter of
Appointment- Youth Activities Commission – have considered said matter
Jerry Parisella
and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
8-0 Vote
Order read once and adopted
#143
The Committee on Public Service and Aid to whom was referred the matter of
Appointment Parks and Recreation Commission have
Gary Lambert and Jack O’Neil
considered said matter and beg leave to report as follows, to wit:
Recommend approval of the appointments
8-0 Vote
Order read once and adopted
#144
The Committee on Public Service and Aid to whom was referred the matter of
Appointment-Lynch Public Parks Fund, Board of Trustees have considered
Rosalie Kerr
said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
8-0 Vote
Order read once and adopted
#145
The Committee on Public Service and Aid to whom was referred the matter of
Appointment-Solid Waste Management Commission have considered said
Charles Perlo
matter and beg leave to report as follows, to wit;
Recommend the Council approve the Appointment
8-0 Vote
Order read once and adopted
#149
The Committee on Public Service and Aid to whom was referred the matter of
Communication from Parks and Recreation re Schools as Public Facilities 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
101
#162
The Committee on Public Service and Aid to whom was referred the matter of Petition of
Keyspan for a Gas Main in Chipman Road have considered said matter and beg leave
to report as follows, to wit:
Recommend the Petition be granted
8-0 Vote
Order read once and adopted
Resolutions:
Unfinished Business:
#40 Ordinance Animals and Parks and Recreation re Dogs
#85 Ordinance Sealer of Weights and Measures Fee Schedule
#124 Ordinance MV & T No Parking This Side-Pickett Court
Motions and Orders:
#182
By Councilor Murray:
Ordered: The Beverly City Council is aware that under the current laws of the
Commonwealth of Massachusetts the superintendent of schools has the sole authority and
responsibility to hire and fire school principals within his or her district.
The members of the Beverly City Council; therefore, take this means to respectfully
request Superintendent William Lupini reconsider his inappropriate, ill-timed and
misguided decision to end William Foye’s tenure at Beverly High School Principal on June
30, 2003.
We make this request as duly elected members of the Beverly City Council representing
the residents we serve, but most importantly, on behalf of the current and future
students, faculty and parents of Beverly High School Students.
7-0 Vote Council Flaherty
Amended-Delete Inappropriate, Ill-timed and misguided
recused
Order as amended 7-0 Vote Councilor Flaherty recused
#183
By Councilor Guanci:
Ordered: That the Mayor, City Council and Harbor Management Authority meet with the
Army Corp. of Engineers regarding movement of the Federal Channel.
Referred to Committee of the Whole
Meeting adjourned: 9:35 PM Frances A. Macdonald, CMC
City Clerk
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