2004-06-076:50 PM #191 Public Hearing-Trans. To Acct. Various Salary Lines
Refer to Finance and Property
7:00 PM #184 Public Hearing-Ordinance re Trash Fee
Refer to Legal Affairs and Accounts
Regular Meeting of Beverly City Council 8:00 PM June 7, 2004Regular Meeting of Beverly City Council 8:00 PM June 7, 2004
Roll Call
Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy
:
Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul
Guanci.
Pledge of Allegiance to the Flag
: Led by Councilor Costa
Moment of Silence for former President Regan
Mayor Scanlon-presentation of FY 2005 Budget-Read cover letter
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of May 17, 2004
Communications from His Honor the Mayor
:
#209
June 7, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I would like this evening to formally present your Honorable Council with the FY2005
Budget and as such will read aloud my budget message (copy attached).
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Finance and Property
#210
June 7, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the attached
Subordination Agreement for property owned by Mrs. Mary Bucco, 8 Virginia Avenue,
Beverly, MA.
Also attached is a communication from Community Development Manager, William
O’Hare, concerning this request.
106
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#211
June 7, 2004
Honorable City Council
City hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the two
attached Subordination Agreements for property owned by Mr. and Mrs. John Tilas,
35 Cabot Street, Beverly, MA.
Also attached are two communications from Community Development Manager,
William O’Hare, explaining the reasons for this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#212
June 7, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The attached memo from Finance Director John Dunn describes the need to transfer
$1,264,470 from Free Cash to the School Department.
This transfer has been anticipated and much of it will be temporary.
Please set the necessary Public Hearing to allow us to effect this transfer.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#213
June 7, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As per the attached memo from Finance Director John Dunn, please increase the
appropriation for the previously approved High School Boiler project by $230,000 to a
total of $480,000.
Our recommendation is to hereby request a transfer of the funds from the High School
Renovation Project to the High School Boiler Project.
Very truly yours,
107
William F. Scanlon, Jr.
Mayor
Refer to Finance and Property
#214
June 7, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council waive the Residency Requirement for
Planning Board Member, Daniel P. Hamm, as requested on the attached
communication from Planning Director, Tina Cassidy.
Very truly yours,
William F. Scanlon, Jr.
Mayor
9-0 Vote
Letter read once and adopted
#215
June 7, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request the interdepartmental transfers in the Fiscal 2004 General Fund in the
amount of $386,880 as per the attached memo from Finance Director, John Dunn.
Please schedule a Public Hearing on the transfers at your earliest convenience.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#216
June 7, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
At the recent joint meeting of the School Committee and the City Council it was agreed
to develop a mutually acceptable joint resolution to demonstrate our desire to get the
High School off of facilities related probation.
To that end I offer the draft proposed resolution prepared by Judith Cronin and Paul
Guanci for your review and consideration.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
108
#217
June 7, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Please increase the authorization for the Beverly Farms Library as per the attached
memo from John Dunn. Please note that no additional city funds are being expended
as a result of your actions. Please set a Public Hearing at your earliest convenience.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Refer to Finance and Property
#218
June 7, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
It is in the interest of Beverly to be able to choose the less expensive fuel (oil vs. natural
gas) to use for heating in our schools. As per the Capital Project Plan the amount of
$500,000 is requested to complete the dual fuel burning capability at all the elementary
schools and Beverly High School.
Had this capability existed last winter a return on investment of 35% would have been
enjoyed. These changes will allow us to always benefit from the less expensive fuel.
It is recommended that the funds needed to finance this project be transferred from the
balance of $627,000 in North Beverly Addition and Renovation Account to account
School Boiler Conversion Account. Said sum of money to be expended under the
direction of the standing Building Commission.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#219
June 7, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Please take steps to approve an appropriation of Fifty Thousand Five Hundred Ninety
Dollars ($50,590) which will fund the completion of work on the Gurnard site at the airport
using existing UDAG funds. The attached letter from John Dunn fully explains the
situation.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
109
Communications from other City Officers and Boards
#220
May 21, 2004
Mayor William F. Scanlon
City Hall
Beverly, MA. 01915
Dear Mayor Scanlon:
Please be advised that the Beverly Contributory Retirement Board will vote on June 24,
2004 a cost of living increase to our retirees. The board at its own discretion may grant
up to 3% on the first $12.000.00 of a retirees pension, with a maximum increase of $360.00
per year.
Sincerely,
Ann M. Fournier, Retirement Administrator, Beverly Retirement Board
Refer to Finance and Property
#161A
May 19, 2004
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
RE: Recommendation from Planning Board-Zoning Amendments to Definition of “LOT”
and “FRONTAGE”, insertion of provisions for projecting signs, and correction of scrivner’s
error in Planned Residential development Provisions
Dear Members of the Board:
At the Planning Board’s Special Meeting on May 17, 2004, which immediately followed
the Joint Public Hearing on the above-referenced Zoning Amendment, members
discussed the above-referenced Zoning Amendments.
Following the discussion, members of the Planning Board voted (7-0) to recommend to
the City Council that Council Order #161 BE ADOPTED.
Sincerely,
Richard Dinkin, Chairperson
Receive and Place on File
Communications, Applications and Petitions:
#221
Communication from Town of Danvers to waive payment of In-Lieu-of-Tax fee assessed
to the City of Beverly in conjunction with the operation of the Airport.
Receive and Place on File
#222
City Taxi of Beverly request to be on agenda for next Council Meeting to discuss an
increase in Taximeter rates.
Refer to Legal Affairs
110
#223
Application for Waterways License-Richard H. Gagne
Refer to Legal Affairs
#224
Claim-Michael Portnoy (Pothole)
Receive and Place on File
Refer to City Solicitor
#225
Comm. from Archdiocese of Boston relative to the closing of parishes in Beverly.
Receive and Place on File
#226
Comm. re US Patriot Act.
Receive and Place on File
Reports from Committees:
#121
The Committee on Finance and Property to whom was referred the matter of request for
Finance Director and School Business Manager to meet 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
#191
The Committee on Finance and property to whom was referred the matter of Transfers,
Various Salary Accounts 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 approve the request of the Mayor for the following
transfers to various salary accounts in the amount of Thirty Three Thousand Five Hundred
Seventeen Dollars and Eighty Two Cents ($33,517.820 from Administrative Assistant, Early
Retirement, Reserve for Unforeseen and HR Administrator.
TO
Mayor 11211 51102 $6,965.98
Mayor’s Secretary 11211 51127 $2,599.45
Finance Director 11351 51105 $6,626.62
Solicitor 11511 51105 $3,038.42
Procurement Officer 11521 51611 $2,306.87
HR Director 11531 51105 $5,243.83
Planner 11751 51105 $6,736.65
TOTAL $33,517.82
FROM
Admin. Assistant 11211 52230 $16,760.10
Early Retirement 11211 51512 $ 4,389.35
Reserve Unforeseen 11324 57820 $ 4,576.75
HR Administrator 11531 51115 $ 7,791.62
TOTAL $33,517.82
111
First Passage: May 17, 2004
Public Hearing: June 7, 2004
Final Passage June 7, 2004
9-0 Vote
Order read once and adopted
#193
The Committee on Finance and Property to whom was referred the matter of request for
increase in fees Municipal Lien Certificates and acceptance of MGL Ch 40, Sec. 22F re
local option law relating to fee increases 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 accept Mass. General Law,
Chapter 40, Section 22F which is a local option law relating to fee increases. And be it
further ordered that the fee for a Municipal Lien Certificate be increased from $25.00 to
$50.00.
9-0 Vote
Order read once and adopted
#209
The Committee on Finance and Property to whom was referred the matter of the FY2005
Budget 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 will hold a Public Hearing on Monday, June 21, 2004 at
7:30 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative
to the FY 2005 Budget.
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 24, 2004
9-0 Vote
Order read once and adopted
#212
The Committee on Finance and Property to whom was referred the matter of Beverly
Public Schools Appropriation from Free Cash 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 will hold a Public Hearing on Monday, June 21, 2004 at
7:30 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA, relative
to Beverly Public Schools Appropriation from Free Cash in the amount of one million two
hundred sixty four thousand four hundred and seventy ($1,264,470)
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 21, 2004
9-0 Vote
Order read once and adopted
#213
The Committee on Finance and Property to whom was referred the matter of Beverly
High School Boiler Project have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying order and recommend its adoption
112
Ordered: That the City Council will hold a Public Hearing on Monday, June 21, 2004 at
7:05 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA, relative
to Beverly High School Boiler Capital Project transfer from High School Renovation project
to High School Boiler Project in the amount of two hundred thirty thousand dollars
($230,000)
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 21, 2004
9-0 Vote
Order read once and adopted
#217
The Committee on Finance and Property to whom was referred the matter of Beverly
Farms Library Capital Project 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 will hold a Public Hearing on Monday, June 21, 2004 at
7:15 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA, relative
to increasing the authorization for the Beverly Farms Library renovation Project by one
Hundred Fifty Thousand Dollars ($150,000)
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 21, 2004
9-0 Vote
Order read once and adopted
#218
The Committee on Finance and Property to whom was referred the matter of Beverly
High School-Duel Fuel burning capabilities 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 will hold a Public Hearing on Monday, June 21, 2004 at
7:00 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA, relative
to transfer from North Beverly Addition and Renovation Account to account School Boiler
Conversion Account in the amount of Six hundred twenty seven thousand dollars
($627,000)
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 21, 2004
9-0 Vote
Order read once and adopted
#219
The Committee on Finance and Property to whom was referred the matter of Clean-Up
Beverly Airport Gurnard Site 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 will hold a Public Hearing on Monday, June 21, 2004 at
7:10 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA, relative
to Gurnard Site Clean-Up appropriation in the amount of fifty thousand five hundred
ninety dollars ($50,590.00)
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 21, 2004
113
9-0 Vote
Order read once and adopted
#105
The Committee on Legal Affairs to whom was referred the matter of Appointment-
Design Review Board-Jane Brusca as Designee from Board of Appeals 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
#111
The Committee on Legal Affairs to whom was referred the matter of Ordinance Motor
Vehicles and Traffic re parking Jordan and Snell Road 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 four
An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re two hour
parking
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section 126 (d) of the Revised Ordinances of the City of Beverly, 1989,
be, and the same is hereby amended by adding the following:
ADD: SEC.14-126. Two-hour parking (d)
(e) No person shall park a vehicle for longer than two (2) hours, between the
hours of 7:00 A. M. and 12 noon, Monday Through Friday, on Jordan St., westerly side,
entire length, and Snell Road, both sides.
Ordinance to take effect upon passage according to City Charter
First Passage: May 17, 2004
Final Passage: June 7, 2004
9-0 Vote
Order read once and held for final passage as per charter provisions
#145
The Committee on Legal Affairs to whom was referred the matter of Application for Livery
License-Express Limo 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
#161
The Committee on Legal Affairs to whom was referred the matter of Zoning Ordinance
change 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 four
An Ordinance amending an ordinance entitled Zoning
Be it ordained by the city council of the city of Beverly as follows:
114
“FRONTAGE: The distance between either (1) the points of intersection of the
side lot lines and the street right of way, measured along the street line, being
an unbroken distance along the street; or (2) the points of intersection of the
side lot lines and the rear line of the required front yard extended to the street
right of way, being an unbroken distance along the rear line of the required
front yard, whichever is smaller. For the purpose of this Ordinance, there shall
be both rights of access and potential safe year round practical vehicular
access, unimpeded by:
Wetlands, unless a wetlands crossing has been approved by the
1.
Conservation Commission; or
Topography which prevents a proposed driveway from meeting the
2.
requirements of Section 29-24.E.2.e. of this Ordinance, unless the Board of
Appeals has granted an exception as provided in Section 29-27 of this
Ordinance; or
other natural or manmade barriers
3.
between the frontage line and a potential building site. Only sufficient
frontage on one of the following types of ways shall be recognized for zoning
purposes:
A. A public way or a way certified by the City Clerk that is
maintained and used as a public way;
B. A way shown on a plan approved and endorsed by the Beverly Planning Board in
accordance with the Subdivision Control Law; or
C. A way physically in existence when the Subdivision Control Law
became effective in Beverly having, in the opinion of the Planning
Board, sufficient width, suitable grades, and adequate construction to
provide for the needs of vehicular traffic in relation to the proposed
use of the land abutting thereon or served thereby, and for the
installation of municipal services to serve such land and the buildings
erected or to be erected thereon.
When a lot is bounded by more than one street, any one of them, but only
one, may be designated as the frontage street by the owner, provided that
that street provides sufficient frontage as required by the Zoning Ordinance;
however, in the case of a lot bounded by two streets forming an interior angle
of more than one hundred and thirty-five degrees (135), their combined
°
frontage between lot lines may be used to satisfy the lot frontage
requirement.
B.33. LOT: A parcel of land in identical ownership throughout of at least sufficient size
to meet the minimum requirements of this Ordinance for use, frontage, coverage,
and area and to provide required yards and other open space. The area of a lot
is that area, in square feet or acres, enclosed by the lot lines of a single lot. In
calculating the area of a LOT for purposes of determining such LOT’s
conformance with the minimum requirements of the Zoning Ordinance (but not
for any other dimensional calculations) no portion of such LOT shall be included
which:
is subject to an easement or right of way that is recorded (or shown on a
(ii)
plan that is recorded or to be recorded) and that serves property outside
the LOT, or
is subject to a restriction that by its terms prevents or prohibits the owner of
(iii)
such lot from making any substantial use of that portion of the LOT;
but neither (i) or (ii) above shall apply to any easement, right of way or restriction
that is for utility or conservation purposes or that is held by or generally open to
governmental agencies or the public.
SPECIAL DENSITY AND DIMENSIONAL REGULATIONS
29-23
115
Planned Residential Development (PRD)
A.
Purposes – To provide for innovative design and flexibility in residential
1.
development, to provide for a mixture of housing types at certain
locations; to provide for the economical installation and maintenance of
streets and utilities; and to conserve open space and natural amenities.
Use Regulations – In any R-90, R-45, R-22, R-15, RMD, and RSD District,
2.
the Board of Appeals may permit by Special Permit a Planned Residential
Development comprising a combination of the following uses: one-family
dwellings, two-family dwellings, semi-detached dwellings, and multi-family
dwellings, (rental or otherwise), public or private schools, public recreation
and open space, fire stations, and other public facilities, and membership
clubs for the exclusive use of residents of the PRD.
Procedure – Application for Special Permit for a PRD shall be filed and
3.
processed in accordance with Section 29-27 of this Ordinance, unless
otherwise provided herein. Site Plan Review by the Planning Board is also
required for PRD’s – see Section 29-28.C. of this Ordinance for procedures
and filing requirements. The Board of Appeals shall not take final action
on an application for PRD until it has received a report thereon from the
Planning Board within 35 days or until said Planning Board has allowed 35
days to elapse without submission of a report. An approved site plan shall
thereafter be subject to the requirements of the City of Beverly (Planning
Board Rules and Regulations).
Development Requirements – a PRD shall be subject to the
4.
requirements for the district in which the project is located, except in the
case of existing structures, and except where modified and
supplemented as follows:
Minimum lot area of a PRD shall be:
a.
Five (5) acres in the R-15 District;
Seven (7) acres in the R-22 District;
Ten (10) acres in the R-45 District;
Twelve (12) acres in the R-90 District.
There shall be no PRD’s in the R-6 or R-10 Districts.
b. At least thirty percent (30%) of the gross area of the PRD shall be
dedicated as permanent open space for the protection of natural
drainage areas, the conservation of woodlands and other natural
amenities, parks and recreation and other public natural uses
described or shown on the Comprehensive Plan and Official Map of
the City of Beverly.
Upon recommendation of the Planning Board such open space shall
be either: deeded to the City of Beverly for public use or conservation,
subject to approval thereof by the Board of Aldermen; covenanted
by the owner or developer with an association of residents of the PRD
as permanent open space. If such space is retained in private
ownership, as a condition in the granting of a Special Permit to permit
the PRD, the owner or developer of the PRD shall establish a
procedure for maintaining the open space in an orderly state.
This dedicated open space shall not include parking areas or drives and shall not be
within the minimum yard requirements for building in the particular zoning district.
Lot requirements for one-family dwellings in a PRD may be
c.
reduced to not less than those dimensional requirements set forth in
the next least restrictive “R” District in which the PRD is proposed.
Maximum density in dwelling units per gross area of a proposed
d.
PRD shall be the same as allowed in that district for a single-family
dwelling as set forth in the requirements for the zoning district in which
the project is located. This density calculation shall exclude wetlands
as defined by M.G.L. Chapter 131 as amended, and shall exclude any
standing bodies of water.
116
The applicant will file a Request for Determination with the Beverly
Conservation Commission at the same time as filing with the Special
Permit Granting Authority to determine the wetland area of a lot.
A PRD site at the time of application shall be served by both
e.
public water and sewer systems, such systems to be of sufficient
capacity to accommodate increased density of development of the
PRD as determined and approved by the Commissioner of public
Works. The provisions of this paragraph may be waived by the
Commissioner of Public Works.
The provisions of this section are optional. The Planning Board or
f.
the Board of Appeals are not required to approve a PRD plan where it
finds that, by increasing the density of the tract, the general area
would be affected adversely by such action.
29-25 SIGNS
Signs, generally:
A.
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
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.
117
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:
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
118
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 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.
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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 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.
h. Projecting signs: Projecting signs shall project no more than four (4)
feet from the facade of a building. Only one (1) projecting sign no
larger than seven (7) square feet may be erected per business.
Mounting hardware shall be placed to minimize its view from the
sidewalk. Business owners shall be encouraged to mount a projecting
sign so the top of the sign is no more than fifteen (15) feet above the
sidewalk, and the bottom of the sign is no less than twelve (12) feet
above the sidewalk. Projecting signs shall not be internally illuminated.
2.
Signs permitted in any CN, HD, or WD district:
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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, 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;
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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 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.
g. Projecting signs: Projecting signs shall project no more than four (4)
feet from the facade of a building. Only one (1) projecting sign no larger than
seven (7) square feet may be erected per business. Mounting hardware shall be placed
to minimize its view from the sidewalk. Business owners shall be encouraged to mount a
projecting sign so the top of the sign is no more than fifteen (15) feet above the sidewalk,
and the bottom of the sign is no less than twelve (12) feet above the sidewalk. Projecting
signs shall not be internally illuminated.
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;
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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
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
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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
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.
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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.
First Passage: June 7, 2004
Final Passage: June 21, 2004
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#164
The Committee on Legal Affairs to whom was referred the matter of Application-North
Shore Limo and Sedan (4 Licenses) have considered said mater and beg leave to report
as follows, to wit:
Recommend the Licenses be Granted
9-0 Vote
Order read once and adopted
#178
The Committee on Legal Affairs to whom was referred the matter of Application-Limo
License-C. Waldron have considered said matter and beg leave to report as follows, to
wit:
Recommend the License be Granted
9-0 Vote
Order read once and adopted
#182
The Committee on Legal Affairs to whom was referred the matter of Ordinance re
Weapons have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended ordinance and recommend its adoption
In the year two thousand and four
An Ordinance entitled Offenses and Miscellaneous Provisions relative to carrying certain
weapons or weapon-like objects
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 15 of the Revised Ordinances of the City of Beverly, 1989, be, and the same
is hereby amended by adding the following Section 15-13A:
Sec. 15-13A. Carrying certain weapons or weapon-like objects.
(1) No person, except as provided by law, shall carry on his person, or carry on his
person or under his control in a vehicle, any weapon or instrument identified in
Chapter 269 of the General Laws of Massachusetts, Section 10, paragraph (b)
and Section 12; any weapon or object commonly called “nun-chucks” or any
substance or material; a shotgun having a barrel less than eighteen (18) inches
in length; any saber, sword, or weapon of like or similar nature; any knife having
any type of blade in excess of two and one-hale (2 ½”) inches (except when
actually engaged in hunting or fishing or in going directly to and/or returning
125
directly from such activities, or any employment which requires the use of any
such type of knife); ice picks, dirks or similar weapons that are likely to penetrate
through police officer’s ballistic vests; or any other object or tool so redesigned,
fashioned, prepared or treated that the same may be used to inflict bodily harm
or injury to another.
(2) Violation of any provisions of this ordinance shall be subject to arrest and a fine of
not more than Three Hundred ($300.00) Dollars for each offense. Violation of any
provisions of this ordinance within a park, playground or on school property, shall be
subject to arrest and a fine of not more than Three ($300.00) Dollars.
This ordinance to take effect upon passage according to City Charter
First Passage: June 7, 2004
Final Passage: June 21, 2004
9-0 Vote
Ordinance re read once and held for final passage as per charter provisions
#195
The Committee on Legal Affairs to whom was referred the matter of Parking Violation
Fees have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That City of Beverly increase the parking ticket fees as follows:
1. Add $50.00 violations for a violation of # 1, within 10’ of a hydrant and #
4, fire lane, these two fines are presently $15.00.
2. Create a $25.00 violation section for a violation of # 6, prohibited
area/tow zone, this violation is presently a $15.00 fine. Tow zones are
established for safety reasons.
3. Change the following $10.00 violations to $15.00 violations.
a. # 13, on crosswalk or sidewalk
b. # 23, loading zone
9-0 Vote
Order read once and Adopted
#196
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T re
Parking Meters 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 four
An Ordinance amending an ordinance relative to Parking Meters
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section 161 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended by deleting the section and replacing it with the
following:
Sec. 14-161. Thirty-minute parking meter zones. (
Delete in its entirety, replace
Sec. 14-161. Thirty-minute parking meter zones.
with:)
(a) No person shall park a vehicle for a period of time longer
than one-half hour, between the hours of 9:00 a.m. and 5:00
p.m., Monday through Saturday, on streets designated in this
subsection. This restriction shall not apply on Sundays or legal
holidays.
Cabot Street, westerly side, from Wallis St to fifty-eight (58) feet
southerly.
126
Wallis Street, both sides, from Cabot Streetfifty-eight (58) feet
westerly.
(b) The fee for the parking, under this section, shall be twenty-
five cents ($0.25) for the 30-minute parking.
Sec. 14-162. All-day parking meters. (
Delete (2) in its entirety, replace with:)
(1) Locations.
a. MPL-A, rear of the Dollar Store, 50 all-day meters.
b. MPL-a, corner of Chapman & Federal Sts., 13 all-day
meters.
c. MPL-C, rear Beverly Cooperative Bank, 43 all-day meters.
d. MPL-F, Washington St., rear of BMFCU, 16 all-day meters.
e. MPL-G, corner of Hale & Briscoe Sts., 11 all-day meters.
f. Federal St., Opposite St. Mary’s School, 6 all-day meters
g. Rantoul St., from #302 to #324 Rantoul St., 7 all-day meters
a. The fee for the maximum parking time under
Fees.
this section shall be at the rate of fifty cents ($0.50) per
four-hour period, with a maximum of one-dollar and
fifty cents ($1.50) for the twelve (12) hours.
b. Monday through Saturday, 9:00
Hours of Operation.
a.m. to 5:00 p.m. Sundays and holidays are free.
Sec. 14-163. One-hour parking meter zones. (Delete in its entirety, replace with)
(a) No person shall park a vehicle for a period of time longer than one
(1) hour, between the hours of 9:00 a.m. and 5:00 p.m., Monday through
Saturday. Sundays and holidays are free.
a. Briscoe Street, in front of Barrister’s Hall, 5 spaces
b. Cabot Street, at # 296 Cabot Street, 1 space
(b) The fee for parking under this section shall be at the rate of fifty cents
($0.50) per hour with a one-hour maximum parking limit.
Sec. 14-164. Two-hour parking meter zones. Change (a) language to read:
(a) No person shall park a vehicle for a period of time longer than two (2) hours,
between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday on the
below listed streets. Sunday and holidays are free.
Retain street addresses from old ordinance.
(b) The fee for parking under this section shall be at the rate of twenty-
five ($0.25) cents per hour with a two-hour maximum parking limit.
(c) (
Delete in its entirety and replace with:)
(c) MPL-A, 37 two-hour meters
MPL-C, 62 two-hour meters
MPL-F, 29 two-hour meters
MPL-G, 11 two-hour meters
(d) The fee for parking under this section shall be at a rate of fifty cents
($0.50) per hour.
Sec. 14-165. Off-street parking meter zones. (Delete in its entirety.)
Sec. 14-166. Establishment and marking of spaces.
Retain
Sec. 14-167. Regulations as to use of spaces and meters generally.
Retain
Sec. 14-168. Commercial vehicles.
Retain
Sec. 14-169. Enforcement of division.
Retain and ADD:
(a) Civilian Parking Meter Enforcement Officers may enforce all parking
regulation within the City of Beverly.
127
Ordinance to take effect upon passage according to City Charter
First Passage: June 7, 2004
Final Passage: June 21, 2004
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#197
The Committee on Legal Affairs to whom was referred the matter of School Zone Speed
Limit have considered said matter and beg leave to report as follows, to Wit:
Submit the accompanying order and recommend its adoption
Ordered: That the following “School Zone, Speed Limit 20 MPH, When Children are
Present” signs be placed at the following locations:
9-0 Vote
Order read once and Adopted
#198
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T,
One Way Streets Fee 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 four
An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re One-Way
Streets
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 14, Section 96 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended by adding the following:
Mechanic Street, from West Dane Street to Roundy Street, traffic to
ADD:
proceed northerly
Ordinance to take effect upon passage according to City Charter
First Passage: June 7, 2004
Final Passage: June 21, 2004
9-0 Vote
Order read once and adopted
#199
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T 2
hour parking BHS area streets 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 four
An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re two hour
parking
That Chapter 14, Section 126 (3) of the Revised Ordinances of the City of Beverly, 1989,
be, and the same is hereby amended by adding the following:
ADD: SEC.14-126. Two-hour parking (e)
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(e) No person shall park a vehicle for longer than two (2) hours, between the
hours of 7:00 A. M. and 12 noon, Monday Through Friday, from September to June, on
the following streets:
Jordan Street, westerly side, from Russell St., to #35 Jordan St.
Snell Road, both sides, entire length
Tudor Road, northerly side, entire length.
Ordinance to take effect upon passage according to City Charter
First Passage: June 7, 2004
Final Passage: June 21, 2004
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#202
The Committee on Legal Affairs to whom was referred the matter of Application for One
Day Auctioneers License-United Rug Auctioneers have considered said matter and beg
leave to report as follows, to wit:
Recommend the License be Granted
9-0 Vote
Order read once and adopted
#207
The Committee on Legal Affairs to whom as referred the matter of communication re
Proposed Trash Fee 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
#210
The Committee on Legal Affairs to whom was referred the matter of Subordination of
Mortgage-Bucco have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the
attached SUBORDINATION AGREEMENT for Mary Bucco, 8 Virginia Avenue, as per the
attached communication from Community Development manager William O’Hare.
9-0 Vote
Order read once and adopted
#211
The Committee on Legal Affairs to whom was referred the matter of two Subordinations
of Mortgage-Tilas have considered said matter and beg leave to report as follows, to
wit:
Submit the accompanying order and recommend its adoption
Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the
attached SUBORDINATION AGREEMENTS for Mr. & Mrs. John Tilas, 35 Cabot Street, as per
the attached communication from Community Development manager William O’Hare.
9-0 Vote
Order read once and adopted
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#180
The Committee on Public Services to whom was referred the matter of Resolution-Safe
Drinking Water Protection Pledge 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
#206
The Committee on Public Services to whom was referred the matter Communication re
Wenham Lake Technical Advisory Committee update on Vitale Site 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
Unfinished Business:
Resolutions:
Motions and Orders:
#227
By Councilors Hobin and Flaherty
Ordered: That a “Go Slow Children” sign be installed at the intersection of Warren and
Pearl Streets.
9-0 Vote
Recommend adoption of the order
Meeting adjourned: 10:45 PM Frances A. Macdonald, CMC
City Clerk
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