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2007-05-07 Regular Meeting Beverly City Council 7:00, PM May 7, 2007 Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag: Led by CouncilorTroubetaris Appointments: Public Hearings and Presentations: 7:00 PM Amy Maxner 0 pen Space Report 7:05 PM Public Hearing Zoning relative to Signs Refer to Leqal Affairs and Planninq 7:45 PM McKeown School Children relative to recycling Acceptance of Minutes: Meeting of April 17, 2007 Communications from His Honor the Mayor: #115 May 7,2007 Honorable City Council Beverly City Hall Beverly, MA 01915 Dear Honorable Council: I thank you for the opportunity to update you tonight on a number of initiatives. First with regard to the operating budget for FY 2008, I would ask your Honorable Council to schedule a brief Special Meeting for Thursday evening, May 24th at 7;00 p.m. at which time I will deliver the budget message and put the budget in your hands. You will likely recall that when this year's budget was established we fully expected that projected funds for police overtime to be insufficient. In addition there are several other lines in the current operating budget which will need additional funds before year end. These are fully described in a memo from John Dunn which is attached. We ask that you schedule a Public Hearing to allow for a transfer of these funds and an offsetting appropriation from Free Cash at your first convenience. We expect that Free Cash will be certified prior to the next Council meeting. That certification has been delayed by sickness on the part of the involved individual at Department of Revenue (DOR). On balance these appropriations will require $283,000 from and anticipated free cash certification of approximately $2.5 Million. We intend to bring three capital expenditure projects forward at the next Council meeting. We will recommend that the three projects be funded by transfers from existing unused appropriations. The three projects are described in your CEP and relate to the Library Police Station City Hall. All of these situations represent deferred notice and the conditions will only worsen with time, thus requiring more extensive, more expensive repairs. Bids were received last week for the Raymond Farms drainage project. Happily the bids were generally all below budget. This project as you know will be administered by SESD and paid for through sewer rates. As part of the project we intend to pave not only roads which get dug up but also those nearby which will bear heavy equipment traffic. We may need to separate out the paving and handle the debt service directly. I will keep you informed. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property 58 #116 May 7,2007 Honorable City Council Beverly City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Scott Houseman, 27 Appleton Avenue, Beverly, MA 01915, to serve as the Zoning Board of Appeal designee to the Design Review Board. He will replace Ms. Jane Brusca and his term will be effective until December 1, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Read once and adopted 9-0 Vote #117 May 7,2007 Honorable City Council Beverly City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. William Howard, 2 Sylvester Avenue, Beverly, MA 01915 to serve as a member of the Economic and Community Development Council (ECDC). He will fill a vacant "Community at Large" seat. Very truly yours, William F. Scanlon, Jr., Mayor Read once and adopted 9-0 Vote Communications from Other City Officers and Boards: #118 Open Space & Recreation Report Receive and Place on File #119 May 7,2007 The Honorable City Council City of Beverly 191 Cabot Street Beverly, MA 01915 Subject: Pleasant Street Sidewalk Issue Dear Councilors: We are hoping to clarify herein, our role in the Pleasant Street Sidewalk Issue. In September 2006, we received a telephone call from Scott Cameron of McKenzie Engineering Group, Inc. requesting a meeting at the side trailer for the Depot Square Project. We met the following week with Scott and Windover Construction personnel. Scott explained that there was a problem with having the sidewalk immediately next to the Upper Garage Exitway. They explained that the pedestrian would be underneath the hood of the car before the driver could see the sidewalk. This was a public safety issue. 59 After walking the Pleasant Street site and viewing the condition of the existing sidewalk on the north side, we stated that if they were to eliminate the south side sidewalk, the following additional work would have to be done at no cost to the City: 1. Remove and reset the existing vertical granite curb on the north side of Pleasant Street. 2. Remove and replace the existing cement concrete sidewalk on the north side of Pleasant Street extending approximately 50 feet from the Rantoul Street curb. 3. Remove and replace the existing bituminous concrete sidewalk on the north side of Pleasant Street extending approximately 112 feet to the proposed pedestrian crosswalk crossing Pleasant Street to the eastern sidewalk on Court Street. 4. Full depth pavement replacement of Pleasant Street, approximately 172 feet in length and 27 feet in width. This work included adjustment of all utility structures in this section of road. 5. In place of the south sidewalk on Pleasant Street, a Landscape Plan was to be submitted to the City for approval. At the conclusion of our meeting, we explained that all these changes and additions needed to be drawn up and submitted for approval. We subsequently determined that approvals were needed from the Zoning Board of Appeals, the Planning Board and the City Council. We advised both McKenzie Engineering Group, Inc.and Windover Construction personnel that the approvals were required. They responded that to meet a planned January 1, 2007 opening, concrete had to be poured before winter and that they would assume the risk. Windover did everything that they said they would do, and more, including the realignment of City sewer pipes at the Rantoul Street end of Pleasant Street. We trust that this provides a clearer picture of the actual events that took place. If further detail is needed, please advise us of what and when and we would be happy to comply. Very truly yours, Frank J. Killilea, Jr., P.E. Director of Engineering Refer to Leqal Affairs #120 April 18, 2007 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: Attached is a list of all the Second Hand (JunkNaluables) Dealers Licenses to be renewed for the year 2007. City Council approval is needed to complete the process for this years licensing. Thank you for your help concerning this matter. Respectfully, Frances A. Macdonald, CMC City Clerk Refer to Leqal Affairs Communications, Applications and Petitions: #121 60 Petition of National Grid for installation of one joint owned pole on Hobart Ave. Refer to Public Services #122 Food Project of North Shore request to set up farms stand in Ellis Square Refer to Finance and Property #123 Late File Request Ordinance change Skateboards Refer to Leqal Affairs Reports from Committees: #24 The Committee on Finance and Property to whom was referred the matter of Communication relative to delinquent tax payers have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #96 The Committee on Finance and Property to whom was referred the matter of Request to use City Property at 280B Cabot Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend it s adoption Ordered: That the City Council approve the request of Trevi Coffee Shop, Inc. to use the sidewalk at 280B Cabot Street pr90vided that they are properly insured and that the tables do not block handicap accessibility. Order read once and adopted: 9-0 Vote #115 The Committee on Finance and Property to whom was referred the matter of transfers and call for special meeting 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 will hold a public hearing on Monday, May 21,2007 at 8:00 PM in Council Chambers, Third Floor, 191 Cabot St., Beverly, MA relative to intradepartmental transfers and appropriation from free cash. Order read once and adopted: 9-0 Vote #06-96 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T No Parking Hale Street have considered said matter and beg leave to report as follows: Receive and Place on File. Order read once and adopted 9-0 Vote #126 (06-237) The Committee on Legal Affairs to whom was referred the matter of Acceptance of Hawk Hill Subdivision have considered said matter and beg leave to report as follows, to wit: 61 Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request of the Planning Board to accept as Public Ways in the City of Beverly, the following Streets: Aileen Way Hawk Hill Road Yankee Way Order read once and adopted 9-0 Vote #35 The Committee on Legal Affairs to whom was referred the matter of Ordinance Zoning Building Height in certain zones have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption I n the year two thousand and seven An Ordinance amending an ordinance entitled Zoning Be it ordained by the city council of the city of Beverly as follows, to wit: That Chapter Chapters 29, Sections 17, 28 and 29 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Delete in its entirety Sections 17, 28 and 29 and replace with the following: 29-17 CC - CENTRAL BUSINESS DISTRICT A General Description This district is established to provide principally for a central commercial business district. B Uses bv Riqht Property and buildings shall be used only for the following purposes 1 Detached one-family dwelling. 2. Semi-detached and two-family dwelling. 3. One or more dwellings in a permitted commercial building, provided the floor area of the dwellings does not exceed 75% of the total floor area of the building and further provided that the minimum 25% commercial space is located on the first floor of the structure. (Rev. 6-26-87) 4. Subsidized elderly housing, subject to the provisions of Section 29-17D. below. 5. Historic site including historic dwellings, or museum not operated for profit. 6. Sanitary landfill facilities, provided that the same are operated by the municipality, or pursuant to a municipal lease or license. 7. Home occupation as defined herein. 8. Retail establishments. 9. Personal and consumer service establishments including, but not limited to, barber or beauty shop and laundromat. 10. Business and professional offices; banks. 11 Funeral home. 12. Restaurant selling food for consumption entirely on the premises. 13. Agriculture, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto a minimum lot size of 5,000 square feet.(Rev. 6-26-87) 14. Administrative offices, data processing centers, and laboratory for scientific and industrial research including testing and product development. (Rev. 6-26-87) 15. Printing and publishing establishment, including photostatic copying. 16. Taxi, rail, bus passenger terminal. 17. Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted. 18. Those uses allowed by right under Section 29-6. C Uses bv Special Perm it The following uses are only allowed by Special Permit, granted by the Planning Board Multi-family dwelling or apartment house in which the residential use comprises from 76% to 100% of the total floor area of the building, subject to the requirements of Section H below. (Rev. 6-26-87) 2. Rooming, lodging, or boarding house. 3. Gymnasium, health club, commercial swimming pool. 4. Other private or quasi-public club, charitable institution, or community service organization except where the chief activity is a service customarily carried on as a business. 5. Commercial marina for the sale, mooring, and rental of boats. 6. Private, non-commercial stable. 7. Hotel or motel. 8. Place of commercial recreation such as a theater, bowling alley, roller skating rink or ice skating rink where the use is conducted entirely indoors. For purposes of this subsection, the term commercial- indoor recreation does not include those uses regulated by M.G.L. Chapter 140, Section 183A. (Rev. 5-20-93) 9. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 10. Parking lots or garages as principal use of the lot. 62 D E F 11 Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 12. Commercial mobile radio service transmission facilities, structures, and/or towers (Ord. No. 115, 6- 11-96) The following uses are only allowed by Special Permit, granted by the Board of Appeals Bed and Breakfast establishments. (Rev. 3-19-91) Buildinq and Area Requirements Commercial uses, residential uses or combined commercial/residential uses on "CC" - zoned lots with side and/or rear yards abutting a residential zoning district a. Minimum lot area - none for 100% commercial use; 1,000 sq. ft. of total lot area per dwelling unit for residential use b. Minimum lot frontage - none for 100% commercial use; 50 feet for residential use c. Minimum front yard setback - none d. Minimum side yard setback 10 feet, 15 feet if building is over 3 stories for that side yard which abuts the side or rear yard of a residentially zoned lot e. Minimum rear yard setback - 20 feet - if the rear yard abuts a side or rear yard of a residentially zoned lot f Maximum building height - 55 feet when "RHD" is the abutting residential district, 35 feet when ''RMD'' or "R6" is the abutting residential district. Commercial uses, residential uses or combined commercial/residential uses which abut residential zoning district by a public way with an average width of at least 25 feet or a railroad right of way of at least 25 feet, there shall be no setback requirement. 2. Residential uses which do not abut a residential zoning district. a. Minimum lot area 1,000 sq.ft. of total lot area per dwelling unit b. Minimum lot frontage 50 feet c. Minimum front yard setback 15 feet d. Minimum side yard setback 10 feet, 15 feet if over 3 stories e. Minimum rear yard setback 20 feet f Maximum height - 55 feet / 75 feet* The Planning Board may authorize, by special permit, an increase in building height over 55 feet, to a maximum of 75 feet for uses under subsection 29-1702, 3., and 5. only, and only for lots zoned "CC overlay" on the official City zoning map, and only when the provisions of Section 29-17.G. below are met. 3. Commercial uses which do not abut a residential district a. Minimum lot area none b. Minimum lot frontage none c. Minimum front yard setback none d. Minimum side yard setback none e. Minimum rear yard setback none f Maximum height. 55 feet / 75 feet* The Planning Board may authorize, by special permit, an increase in building height over 55 feet, to a maximum of 75 feet for uses under subsection 29-1702, 3., and 5. only, and only for lots zoned "CC overlay" on the official City zoning map, and only when the provisions of Section 29-17.G. below are met. 4. Commercial or residential uses within structures existing at the time of the adoption of the Zoning Ordinance a. Minimum lot area none for commercial use; 1,000 sq.ft. of total lot area per dwelling unit for residential uses b. Minimum lot frontage none c. Minimum front yard setback none d. Minimum side yard setback none e. Minimum rear yard setback none f Maximum height. 55 feet (D 1 - 4. Rev. 6-6-90 & 7-1-92) 5. Combined commercial/residential uses on lots with side and/or rear yards which do not abut a residential zoning district a. Minimum lot area - none b. Minimum lot frontage - 50 feet c. Minimum front yard setback - none d. Minimum side yard setback - none e. Minimum rear yard setback - none f Maximum building height - 55 feet/75 feet* The Planning Board may authorize, by special permit, an increase in building height over 55 feet, to a maximum of 75 feet for uses under subsection 29-1702, 3., and 5. only, and only for lots zoned "CC overlay" on the official City zoning map, and only when the provisions of Section 29-17.G. below are met. Parkinq Requirements Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. Siqn Requirements All signs in the CC District shall conform to the regulations set forth in Section 29-25 below. 63 G Special Requirements Screening of conflicting uses - at the time of occupancy of a new non-residential use, or the expansion of the outside outline of an existing non-residential use of any lot in an industrial or commercial district, there shall be a bufferyard along each boundary which adjoins an "R" District or use. This bufferyard shall consist of landscaped plantings, including evergreens, the plantings to be of such height and density as is needed to adequately screen from view, any light glare, parking lots, loading bays, accessory buildings or uses. Fences, walls, and earthen berms may be included as part of the bufferyard, but shall not be used in place of the landscaped screening. The adequacy of screening and landscaping shall be approved by the Building Inspector, after consultation with the Planning Board, and shall be incorporated in the Building Inspector's records. In the event a Special Permit or site plan review is required, the Planting Plan shall be considered in this review. Required screening and landscaping shall be in good condition and appearance. Failure to maintain same shall be deemed a violation of this Ordinance, and shall be subject to the enforcement procedures contained herein. (Rev. 6-26-87) 2. The following provisions shall apply to those buildings in the CC zoning district that are authorized by Special Permit from the Planning Board to exceed 55' in height. a. The perimeter of at-grade parking areas shall be screened from abutting properties and streets by a landscape buffer at least eight feet (8') in width; b. During the special permit process, the Design Review Board shall have issued a finding that the design of the proposed development is consistent with the general intent of the City's Design Guidelines for Tall Buildings dated January 2007 and with the objectives embodied therein. H Special Requirements for Multiple Dwellinqs The development of multiple dwellings which includes townhouses shall be in accordance with the density and dimensional requirements of Section D above, and the following 1 No multiple dwelling shall measure more than 125 feet on its long side; except that where front and rear setback offsets of at least three (3) feet are provided at 50 foot intervals more or less, the length of said dwelling shall not exceed a length of 200 feet. 2. In multiple dwelling groups, the minimum spacing between buildings shall be as follows front-to-front, front-to-rear, and rear-to-rear 60 feet; end-to-end (with facing windows) - not less than their average height; end-to-end (without facing windows) or corner-to-corner (offset) - not less than one-half of their height. Front-to-rear siting shall be avoided if at all practicable. 3. Interior private ways shall have a minimum width of 24 feet for two-way traffic and 18 feet for one-way traffic and shall be paved in accordance with City specifications. Minimum building setbacks from such private access drives shall be 35 feet and 30 feet, respectively, from the centerlines thereof (Rev. 7-1- 92) 4. All multiple-family dwellings shall be served by public or equivalent sanitary sewer and water systems. No building permit shall be granted unless the Building Inspector shall first receive a report from the Commissioner of Public Works that provision has been made for the disposal of sewage into the system of sufficient capacity. 5. All electrical and telephone service shall be provided underground to all buildings within a multiple dwelling group project Antennae for the purposes of television reception shall be provided within a building wherever practicable, or else by one master antennae for the project 6. No multiple dwelling group nor any individual multiple dwelling shall be permitted unless provision shall be made for adequate snow removal and trash and garbage disposal. 7. Sufficient enclosed area and equipment shall be provided within each multiple-family dwelling for laundering and drying purposes. No outside area shall be provided for such purposes, unless such area is enclosed by a solid screen of evergreen shrubs or fencing at least-six (6) feet high. 8. A plan showing recreational facilities must be approved by the Planning Board. The area shall be a minimum of 10% of the gross area of the site and shall be contiguous. 29-28 BOARD OF APPEALS 6. Continuance and Authoritv The Board of Appeals in existence when this amendment shall take effect shall continue subject to its existing rules and procedures, the authorities conferred thereon by Chapter 40A of the Massachusetts General Laws, and the provisions of this Chapter. There shall be a Board of Appeals consisting of five (5) members who shall be appointed by the Mayor and approved by the Board of Aldermen. The terms of the appointed members shall be such that one expires on January 31 of each year. Any vacancy on the Board shall be similarly filled for any unexpired term and such Board shall annually elect a chairman from its own members. 2. There shall be five (5) associate members of the Board of Appeals, who shall be appointed by the Mayor and approved by the Board of Aldermen, and in case of a vacancy, inability to act, or interest on the part of a regular member of the Board, his or her place shall be filled by an associate member, who shall have all powers and duties of the member whose place he or she fills. 3. The Clerk of the Department of the Inspection of Buildings shall act as. the Clerk of the Board. Any person whose application has been refused may appeal therefrom within sixty (60) days. Such appeal shall be in writing and shall be filed, together with a fee of ten dollars ($10), with the Building Inspector, who shall transmit the appeal to the Board at once, and deposit the fee with the City Collector. 4. The cost of advertising of the hearings shall be paid for by the petitioner to the Clerk of the Board of Appeals. 64 B C D 5. After such notice to the appellant, to the inspector and to other such parties as the Board may order, and after fourteen (14) days published notice, a hearing shall be had, and the Board may by a four- fifths vote, affirm, annul, or modify the proposal in harmony with the intent and purpose of the Chapter but not otherwise. 6. The Board of Appeals shall keep a detailed record of its proceedings. The record shall indicate the vote of each member upon each question, including whether the member was absent or failed to vote the reason or reasons for the Board's decision; and the official action taken. Matters of Interpretation Upon appeal from the decision by an administrative official, the Board of Appeals shall decide any question involving the interpretation of any provision of this Ordinance. Special Perm it Uses The Board of Appeals may authorize the uses set forth in this Ordinance by Special Permits, subject to the provisions of this Article, except the Planning Board, not the Board of Appeals, will be the Special Permit Granting agency for Special permits in the CC or WD District (except for Bed & Breakfast establishments) and for the special permit concerning Floor Area Ratio (FAR) bonus. 2. Before taking final action on applications for special Permit uses, the Board of Appeals and Planning Board shall consider if the following and other conditions are met. a. That the specific site is an appropriate location for the proposed use, and that the character of adjoining uses will not be adversely affected. b. That no factual evidence is found that property values in the district will be adversely affected by such use. c. That no undue traffic and no nuisance or unreasonable hazard will result. d. That adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use. e. That there are no valid objections from abutting property owners based on demonstrable fact f That adequate and appropriate City services are or will be available for the proposed use. 3. Site Plan Review by the Planning Board will be required for any project for which a Special Permit is necessary. See Section 29-28.c. for procedures and filing requirements. (Rev. 7-1-92) 4. In granting approval of an application for a Special Permit use, the Special permit granting authority may attach all reasonable and necessary conditions to assure that the uses of surrounding properties are adequately safeguarded and that the intent of the Comprehensive Plan and this Ordinance are maintained. 5. Construction or operations under a Special Permit shall conform to any subsequent amendment of this Ordinance unless the use or construction is commenced within a period of six months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 6. A Special Permit shall lapse after two years, and including such time required to pursue or await the determination of an appeal, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. 7. The Special Permit Granting Authority shall adopt rule and regulations relative to the issuance of special permits. A copy of the Rules and Regulations are filed with the City Clerk. Variances The Board of Appeals may grant variances, including variances for use in any non-residential district, (but no use variance may be granted in any "R" districts), to the strict application of any of the requirements of this Ordinance only for reasons of practical difficulty and demonstrable and substantial hardship, financial or otherwise, to the appellant, and only where the Board finds that. (Rev. 6-26-92) a. There are special circumstances or conditions applying to the land or building for which the variance is sought (such as, but not limited to, the exceptional narrowness, shallowness or shape of the property in question, or exceptional topographical conditions) which circumstances or conditions are peculiar to such land or building but not affecting generally the zoning district in which it is located and the application of the standards of this Chapter would deprive the applicant of a reasonable use of the property. b. The specific variance as granted by the Board is the minimum variance that will grant reasonable relief to the owner and is necessary for a reasonable use of the land or building. c. The granting of the variance will be in harmony with the general purpose and intent of this Chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of nearby buildings and land, the Board in determining its finding, shall take into account the number of persons residing or working in such buildings or upon such land and the present and probable future traffic conditions. 2. In acting on any variance, the Board of Appeals shall consider one or more of those factors set forth under Section 29-27.c2 of this ordinance as appropriate, and shall prescribe any conditions and safeguards that it deems to be necessary or desirable. These conditions cannot require continued ownership of the land or structure by the application, petitioner, or owner. 65 E T emporarv Use Variances The Board of Appeals may grant a Special Permit for the removal of topsoil, sand, gravel, or other natural materials for commercial purposes, as a temporary nonconforming use in an "IR" or "IG" District, provided that the following conditions apply a. The Board of Appeals shall hold a public hearing after notifying all interested parties, all as provided by Chapter 40A of the Massachusetts General Laws. b. The applicant shall furnish a plan showing present and proposed conditions and state a time of completion. c. The Board of Appeals shall consider the neighborhood and its future development in passing on applications. d. The applicant shall furnish a performance bond of an amount determined by the Board of Appeals and surety satisfactory to the City Treasurer. e. The applicant shall authorize the City to use the proceeds of the bond to restore the property to condition not detrimental to the neighborhood or its future development if the work is not completed within two years of the proposed time, or within a granted extension of time. An extension of time may be granted by the Planning Board. g. Temporary use permits shall be granted for a period not to exceed five (5) years and may be renewed annually at the discretion of the Board. 2. The Board of Appeals may grant a variance for a non-conforming building, structure, or use incidental to the development of a subdivision or other construction project in any "R" District, including such accessory uses as a construction office, real estate sales office, and storage of materials and supplies located on the tract or lot to which such use is accessory. A temporary use permit for such use or building shall be issued only upon written agreement of the owner, or his or her agent to remove such building or structure within 30 days after completion of construction or the issuance of a Certificate of Occupancy for the last house of a subdivision. Such temporary permit shall be issued for a period not to exceed three (3) years and may be renewed annually at -the discretion of the Board. F Procedures for Special Permits and Variances Procedural requirements for Special Permits and variances shall be in accordance with Chapter 40A, Massachusetts General Laws on file with the City Clerk. Optional procedural requirements of Chapter 40A are not included in this Ordinance. The Zoning Board of Appeals shall be the authority to grant Special Permits and variances. G Fees for Appeals and Applications All appeals and applications filed with the Board of Appeals shall be accompanied by a fee to cover publication of hearing notices and other administrative expenses, such fee to be in accordance with the schedule adopted by the Board of Appeals and approved by the Board of Aldermen and payable to the City of Beverly. 29-29 ADMINISTRATION AND ENFORCEMENT A Buildinq Inspector It shall be the duty of the Building Inspector and he or she shall have the powers necessary to administer and enforce the provisions of this ordinance. 2. Said official shall keep a record of all applications for permits issued with a notation of any special conditions involved. He shall file and safely keep copies of all plot plans submitted and the same shall be a part of his or her records. B Permits Required No building or structure shall be erected, added to or altered and no excavation shall be started until a Building Permit therefor shall have been issued by the Building Inspector stating that the building complies with all provisions of this ordinance. 2. No land or building shall be occupied, used, or changed in use until a Certificate of Occupancy shall have been issued by the Building Inspector stating that the proposed use of such land or building complies with all the provisions of this Ordinance. 3. A Certificate of Occupancy shall be applied for at the same time application is made for a building permit and shall be issued following an inspection of the premises by the Building Inspector and his or her finding that all provisions of this ordinance have been met. 4. Applications for Building Permits and Certificates of Occupancy shall be made in duplicate on forms provided by the Building Inspector, each to be accompanied by a plot plan drawn to scale showing all lots and required yard dimensions, the size and location of all buildings and uses, and all other information as may be required by the Building Inspector to process said applications. The proposed handling of water supply and sewerage disposal shall be described on all applications and shown on the plot plan. 5. For purposes of administration, such permit and application procedure involving a structure may be made at the same time and combined with the permits required under the State Building Code. 6. Where applications are denied by the Building Inspector, the specific reasons for so doing shall be stated fully on the filed copies of the application and one copy returned to the applicant. 7. All valid permits must be exercised within twelve (12) months after date of issue. If the valid permit is not exercised, a renewal permit must be applied for. C Site Plan Review Requirements for Certain Commercial Industrial and Multi-Familv Developments (whole section amended as of 11/21/88) 66 Projects requiring site plan review are listed in Tables I and II below. Table I lists those projects involving new construction which are subject to site plan review. Table II lists those projects involving expansion of existing structures which are subject to site plan review. In addition, any project granted a Special Permit for additional building height by the Planning Board in accordance with Section 29-1702, 3, or 5 shall be subject to site plan review. TABLE I: NEW CONSTRUCTION Zoning Classification Buildinq Size Requirinq Site Plan Review IG IR CG CC CN WD HD Multi-family 5,000 sq. ft. (Rev. 7-1-92) 25,000 sq. ft. or more than one (1) structure on a lot Lot coverage over 65% 1,000 sq. ft. 1,000 sq. ft. 1,000 sq. ft. (Rev. 7-1-92) 5,000 sq. ft. (Rev. 7-1-92) Over ten (10) units; more than two (2) townhouses or similar building type on a single lot TABLE II: EXPANSION CONSTRUCTION Zoninq Classification Percent Increase in Gross Square Footage Requiring Site Plan Review IG-zoned buildings over 10,000 sq. ft. 30% IR-zoned buildings over 25,000 sq. ft. or more than one structure on a 30% lot CG-zoned buildings with total lot coverage exceeding 65% 1 % CC-zoned buildings over 1,000 sq. ft. 40% CN-zoned buildings over 1,000 sq. ft. 40% WD-zoned buildings over 5,000 sq. ft. HD-zoned buildings over 5,000 sq. ft. Multi-family buildings over ten (10) units, or more than two (2) 20% townhouses or similar building type on a lot 20% (Rev. 7-1-92) 20% (Rev. 7-1-92) 2. Procedure - Applicants shall submit to the Planning Board five (5) copies of an application for site plan review and five (5) sets of plans. The applicant shall also file one (1) copy of the site plan review application with the City Clerk. An application for site plan review shall also be accompanied by the following a. A list of the names and addresses of all property owners of record who share a common property line with any portion of the property specified on the site plan review appli- cation and plan; b. A filing fee of seventy-five dollars ($75.00); and c. Written permission from the owner of the property to apply for site plan review, if the applicant is not the owner. At least seven (7) days prior to the date of the public hearing, the Planning Board shall advertise the public hearing in a newspaper of local circulation and shall send written notice by mail to all abutters. Final action on the site plan shall be taken by the Planning Board after a public hearing has been held and within sixty-five (65) days of the date of the public hearing. All applications for site plan review shall be forwarded to both the Parking and Traffic Commission and the Design Review Board for their comments and recommendations. The recommendations of this Board and Commission shall be received by the Planning Board within thirty (30) days of submission to the Board/Commission. Failure to forward comments within thirty (30) days will be deemed conclusion of review by the Design Review Board or the Parking and Traffic Commission. All applications for site plan review will also be forwarded to the City Engineer for his review and approval. Failure of the Planning Board to act within sixty-five (65) days of the public hearing shall be deemed as conclusion of review and it shall forthwith make its endorsement on said plan and, on its failure to do so, the City Clerk shall issue a certificate to the same effect. The Planning Board shall communicate to the appropriate municipal officials and to applicant the results of its review. The Planning Board may waive any of the requirements of this Section if deemed in the best interest of the City to do so. 3. Contents of plan - A plan accompanying an application for site plan review shall be drawn to whatever scale necessary to show clearly all site features, and shall include or be accompanied by the following a. A locus map drawn at a scale of 1" = 800'; b. The location and name of all streets in the immediate vicinity of the proposed project with a notation as to whether the street is a public or private right-of-way; c. Zoning and Historic District boundary lines; d. Existing and proposed contour lines at one (1) or two (2) foot intervals; a. The location and dimensions of all existing and proposed buildings on the site, and on abutting properties; elevation and facade treatment plans of all proposed-buildings and signs; f Information on the location, size, and capacity of existing and proposed utilities which will service the project (water, sewer, electric, etc.) as well as hydrant location(s), and 67 design plans and specifications/information for HV AC equipment and other noise emitting equipment proposed on the roof of the building(s) or elsewhere on site; g. Information on the method of surface and subsurface drainage disposal; location, type, and intensity of lighting; location, size, type, and number of existing and proposed landscape features; location and dimensions of signage; location of waste and refuse disposal facilities, and snow removal plans for the property post construction, and adequacy of same; h. Calculations of amount of parking required, and the location, size, and type of parking, loading and unloading, and service areas; Information sufficient to demonstrate that satisfactory arrangements will be made to facilitate traffic movement to, from, and within the site, such arrangements to be subject to the review and approval of-the Parking and Traffic Commission ("sufficient information" may require the submission of a traffic study); and Any additional data (including but not limited to drainage studies, demographic studies, shadow studies, etc.) which the Planning Board may deem necessary to evaluate the proposed project as it relates to surrounding areas, anticipated traffic and public safety and the intent of the Comprehensive Plan and this Ordinance. D Violations and Penalties If at any time the Building Inspector finds that any construction or use has been commenced in violation of this Ordinance, he or she shall immediately notify the owner or agent of the nature of the violation in writing and order the abatement of such violation. 2. Failure to comply with any provisions of the Ordinance or with any specific conditions and safeguards imposed by the Board of Appeals or the Planning Board in granting a variance, Special Permit, or site plan review, or any plan(s) specifically cited in either Board's approval(s), shall cause the violator to be liable for a fine not to exceed $50.00 for each day such violation continues unabated after the remedy of same is ordered by the Building Inspector. In addition, the Building Inspector may elect to withhold occupancy permits until any such failure is remedied to the respective board's satisfaction. 3. Wherever any violation of this ordinance occurs, any person may file a complaint in regard thereto in writing to the Building Inspector. The Building Inspector shall immediately investigate said complaint and, finding a violation to exist, shall act according to paragraph 29-280 J of this Ordinance. This ordinance to take effect as per City Charter Provisions Ordinance read once and held for final passaqe as per charter provisions 9-0 Vote #35A The Committee on Legal Affairs to whom was referred the matter of Comm. from Planning relative to building height have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #63 The Committee on Legal Affairs to whom was referred the matter of Revocation of Taxi License have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #80 The Committee on Legal Affairs to whom was referred the matter of request for access to 865 Hale St.have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Voted #97 The Committee on Legal Affairs to whom was referred the matter of request for revocable license with Susan and Kevin Barry have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 68 Ordered: That the Mayor be, and the same is hereby authorized to sign the enclosed Revocable License between the City and Kevin and Susan Barry. It is hereby requested that the City Engineer also sign this agreement Order read once and adopted #98 9-0 Vote The Committee on Legal Affairs to whom was referred the matter of Appointment-Design Review Board Dai Shi have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the appointments Order read once and adopted 9-0 Vote #101 The Committee on Legal Affairs to whom was referred the matter of applications for Petroleum Storage Licenses for 2007 have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be granted Order read once and adopted 9-0 Vote #105 The Committee on Legal Affairs to whom was referred the matter of Communication re Order #35 have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #108 The Committee on Legal Affairs to whom was referred the matter of communication re Order #35 have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #110 The Committee on Legal Affairs to whom was referred the matter of Name change on Petroleum License to Beverly Gas and Tire Center have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request Order read once and adopted 9-0 Vote #56 The Committee on Public Services to whom as referred the matter of Request for culvert on Sturtevant Street have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #121 The Committee on Public Services to whom was referred the matter of Petition of National Grid for Joint Owned Pole have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 69 Ordered: That the City Council will hold a Public Hearing on Monday, May 21, 2007 at 7:02 PM relative to a request for installation of a Joint Owned Pole on Hobart Avenue Order read once and adopted 9-0 Vote Tabled: #07-111 Comm. relative to naming of Former Vitale Refer to Committee of the Whole Order read once and adopted Unfinished Business: #62 Ordinance-MV & T 15 Minute Parking West St. #88 Ordinance-MV & T Parking Pleasant Street #112-07 Ordinance Animals Resolutions: #124 Retiring Firefighter Joseph F. Malloy #125 Eagle Scout-Tyler Rubchinuck Motions and Orders: Meeting adjourned: 10:00 PM Frances A. Macdonald, CMC City Clerk 70