Loading...
2001-11-197:30 PM Public Hearing re Wetlands Protection Ordinance 7:58 PM Public Hearing re Petition Mass Electric-Conduit Tall Tree Drive regular Meeting of Beverly City Council Nov 11, 2001regular Meeting of Beverly City Council Nov 11, 2001 Roll Call : Councilors present: Costa, Guanci, martin, McGlynn, McMahon, Smith, Troubetaris, Flaherty Pledge of Allegiance to the Flag : Led by Councilor Guanci Appointments: Acceptance of Minutes of Previous Meeting: Meeting of Nov. 5, 2001 Communications from His Honor the Mayor : #289 November 19, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: For some time negotiations have gone on between the City of Beverly and the owners of the so-called 3.6 acre Ventron waterfront site. As a result of a merger, the Ventron site is owned by Rohm & Haas Corporation I am hopeful that I can put this transaction before your Honorable Council for action at your next meeting. My purpose tonight is to refresh your recollection regarding this matter. By way of review, the City of Beverly can purchase the 3.6-acre Ventron site on the waterfront for $925,000 from Rohm & Haas, the owners of the property. Extensive environmental studies and remediation have taken place and Beverly would be provided with comfort in this regard. Discussions I have held with the Council and other discussions with Ward 2 residents have consistently concluded that acquisition by the city would be intended to control the development of the site but that indeed the site would be developed. Said in another way, the City likely cannot afford to buy the site and make it into a park. The financial impact of the City based on short term (2-4 years) of ownership would be very modest, in the order of $35,000 to $40,000 per year of carrying cost. On the other hand acquisition aimed at turning the space into, for example, a park would be quite expensive. Based on the former strategy, i.e. that of temporary ownership to control development, I intend to recommend that your Honorable Council appropriate $925,000 to acquire this site. There does exist a plan developed by Mr. Bochynski for a walkway to be located along the shore between our existing waterfront site and the Ventron property. This walkway would pass beneath the highway bridge and importantly beneath the railroad bridge to allow pedestrian access between the two sites without having to cross either the road or the railroad tracks. Thus this connection would be very important and serve to allow us to think of the two waterfront parcels as one. My belief is that careful development of the site utilizing the synergy offered by the City’s nearby presence on the waterfront is in Beverly best interest. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance & Property 156 #290 November 19, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. George Heller, 101 Lovett Street, Beverly, MA 01915, to serve as a member of the Beverly License Board. His term will be effective until June 1, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #291 November 19, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following citizens to serve as members of the Beverly Cultural Council: Doreen Ushakoff Brad Waldron 43 Lovett Street 7 Bisson Street Lou Anne Faria Elizabeth Lund 81 Essex Street 33 Hathaway Avenue Their terms will be effective until April 30, 2003. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Public Service and Aid #292 November 19, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mrs. Patricia Grimes, 26 Old Town Road, Beverly, MA 01915 to serve as a member of the Beverly Planning Board. She will fill the position left vacant when William Delaney resigned. Her term will be effective until December 31, 2004. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts 157 #293 November 19, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mrs. Linda Goodenough, 81 Lovett Street, Beverly, MA 01915, to serve as a member of the Conservation Commission. She will replace Patricia Grimes who has resigned. Her term will be effective until June 30, 2004. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #294 November 19, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mrs. Jennifer Palardy, 87 Hull Street, Beverly, MA 01915, to serve as a member of the Design Review Board. Her term will be effective until December 1. 2003. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #295 November 19, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Attorney Jeffrey L. Stelman, 7 Fern Street, Beverly, MA 01915, to serve as an alternate member to the Zoning Board of Appeal. His term will be effective until October 1, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #296 November 19, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 158 I hereby reappoint, subject to your review and recommendation, the following members of the Beverly Harbor Management Authority: Donald Neuman 26 Washington Street Anthony Wheelock 7 Amherst Road Their terms will be effective until December 31, 2002. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Public Service and Aid #297 November 19, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the attached list of Northeast Health Systems personnel to serve as Special Police Officers for the calendar year 2002. Also attached is a recommendation from Police Chief John Cassola concerning these appointments. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Public Service and Aid #298 November 19, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The City of Beverly knowingly dumped refuse for over 25 years on land owned by the Maestranzi brothers. The land in fact became part of the landfill leaving the Maestranzis in no position to beneficially use their land. Attached is a proposal written by Marshall Handly, City Solicitor, to swap land with the Maestranzis and fully resolve this matter without litigation or financial outlay and ensure DEP compliance. I recommend this resolution and look forward to discussing same with you. Please take appropriate action to effect this transaction. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #299 November 19, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 159 As you likely know, I have the intention to put forward appointments to the Golf and Tennis Commission. Many people have applied. I have selected nine persons whose names will be submitted to you for your review and approval. These names are currently being reviewed with Johnson Golf in accordance with the recent settlement agreement. I expect that process to conclude in time to bring the names forward at the next Council meeting. Thank you. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File Communications from other City Officers and Boards #282 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Members of the Council The Beverly public Schools Department of Fine Arts requests approval to hang a banner over Cabot Street promoting the Student Arts Festival. The dates we would like to hang the banner are March 8 through April 12, 2002 In an effort to raise awareness in the community for the school district’s largest single event, a banner will be seen by numerous citizens and will show visitors to Beverly how much we value arts education in our schools. Additionally, hanging a banner is a suggestion that is most often made by parents when feedback on the arts festival is gathered. We will be designing a banner that can be used for several years. It will read something along the lines of the following. “Beverly Public Schools District Arts Festival www.beverlyschools.com Thank you for your consideration of this request. Sincerely, Richard King, Director of Fine Arts Referred to Legal Affairs and Accounts #300 November 19, 2001 Mr. Timothy Flaherty, President Beverly City Council 191 Cabot St. Beverly, MA Dear Mr. President: The Board of Assessors respectfully requests that a public hearing be held on December 3, 2001 for the purpose of allocating the fiscal year 2002 tax levy percentages among the four classes of real and personal property, as well as consideration of the adoption of open space, residential and small commercial exemptions. Please note that the adoption by the City Council of the residential or small commercial exemptions is contingent upon a recommendation from the Mayor. If no recommendation is made, no vote is required on these exemptions. Very truly yours, 160 John Heaphy, Chairman, Board of Assessors Referred to Finance and Property Communications, Applications and Petitions #283 Comm. from Mass Development Finance Agency re bond project Seven Hills Foundation, Inc. Amherst Road and Trask Road Receive and Place on File #284 Claim- Anne Leadbeater Receive and Place on File Refer to City Solicitor #285 Application to sell Christmas Trees-Rose Hip Farm, 61 Conant Street Refer to Legal Affairs and Accounts #286 Comm re change of ownership at 586 Cabot Street to American Petroleum Refer to Legal Affairs and Accounts Reports from Committees: #289 The Committee on Finance and Property to whom was referred the matter of the Ventron Property have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order Read once and Adopted #300 The Committee on Finance and Property to whom was referred the matter of Setting of Allocation FY2002 Tax Levy Percentages have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council hold a Public Hearing on Monday, Dec. 3, 2001 at 7:55 PM in Council Chamber, 191 Cabot St. Beverly, MA relative to the allocation of FY 2002 tax levy percentages among the four classes of real and personal property and consideration of adoption of open space, residential and small commercial exemptions 8-0 Vote Order read once and adopted 161 #298 The Committee on Finance and Property to whom was referred the matter of Maestranzi Property have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered; That the City Council give permission for City Solicitor Marshall Handly to engage in negotiations with the Maestranzi Brothers to resolve the situation with their land without litigation or financial outlay and ensure DEP compliance. 8-0 Vote Order read once and adopted #220 The Committee on Legal Affairs and Accounts to whom was revered the matter of Ordinance re Trees have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year Two thousand and one An Ordinance amending an ordinance entitled "Trees " Be it ordained by the city council of the City of Beverly as follows: Chapter 23, of the revised ordinances of the city of Beverly, 1989, be, and the same is hereby amended as follows: ADD: Sec. 5 Injuring Property Trees No person shall wantonly, cut down, trim, remove, in whole or in part, injure or destroy any tree or shrub in any way, street or public grounds in the city except with permission of the public authorities in charge thereof ADD: Sec. 6 Penalties for violation of sections 1, 3, 4, & 5 Violation of Sec 23-1, Sec 23-3, Sec 24-4, and Sec 23-5 shall be subject to a fine of one hundred ($100.00) dollars to the use of the city. This ordinance to take effect as provided by city Charter First Reading: November 19, 2001 Final Passage: December 3, 2001 Ordinance read once and defeated on a 4-4 Vote #234 The Committee on Legal Affairs and Accounts to whom was referred the matter of Wetlands Protection Ordinance have considered said matter and beg leave to report as follows, to wit Submit the accompanying ordinance and recommend its adoption In the year two thousand and one An Ordinance amending an ordinance entitled “Planning” Be it ordained by the City Council of the City of Beverly as follows, to wit: CITY OF BEVERLY WETLANDS PROTECTION ORDINANCE 162 Table of Contents 1.1 PURPOSE I.2 JURISDICTION I.3 EXEMPTIONS I.4 APPLICATIONS TO PERFORM WORK AND INFORMATION REQUIRED I.5 HEARINGS A. Combination with State Law B. Notice C. Proof D. Continuances E. Investigations I.6 ORDERS AND DECISIONS A. All Orders and Decisions B. Security to Assure Performance C. Duration of Orders D. Modifications, Amendments, Revocation I.7 CERTICATES OF COMPLIANCE I.8 RULES AND REGULATIONS I.9 ENFORCEMENT, INVESTIGATIONS & VIOLATIONS I.10 RESPONSIBILITY FOR COMPLIANCE AFTER OWNERSHIP TRANSFERS I.11 CAPTIONS AND SEVERABILITY PURPOSE The purpose of this ordinance is to provide more protection to the wetland resource areas of the City of Beverly than is already granted by the Wetland Protection Act M.G.L. Chapter 131, Section 40 and the Regulations 310 CMR 10.00. It is intended to be more protective than the existing regulations and therefore more beneficial to the specific needs and values of this community. It would provide the Conservation Commission more authority to regulate activities that might have a harmful effect on the following important interests: public or private water supply, groundwater, flood control, erosion and sedimentation control, storm damage prevention, water pollution control, fisheries, shellfish, wildlife and rare species habitat, agriculture, aquaculture and recreation. .2 JURISDICTION Except as permitted in writing by the Commission, or as provided in this Ordinance, no person shall engage in the following activities (“activities”): removal, filling, dredging, discharging into, building upon, or otherwise altering or degrading the City’s wetland resource areas, consisting of: 1) any isolated vegetated wetland, 2) any vernal pool, 3) any vegetated wetland bordering on any creek, river, stream, pond or lake, 4) any bank, beach, fresh or salt water marsh, wet meadow, bog or swamp, 5) any land under any creek, river stream, pond or lake, 6) any 100-foot buffer zone of wetland areas 1-5 listed above, 7) any land subject to storm flowage, or flooding by groundwater or surface water, 8) the 200-foot riverfront area, 9) ocean 163 The wetland resource areas listed in 1-9 above may also be protected under the Massachusetts Wetlands Protection Act. M.G.L. Chapter 131, Section 40 (“the Act”) and its accompanying regulations 310 CMR 10.00. The Commission shall not grant such permission without receiving written notice of the intention to conduct such activity, and without issuing written permission to do so all in compliance with the provisions of this Ordinance. 1.3 EXEMPTIONS This Ordinance shall not apply to the following activities: 1. Emergency projects as defined in the Commission’s regulations (Section II); or 2. Maintenance, repair, or replacement, without substantial change or enlargement, of existing and lawfully located structures or facilities used in the service of the public and used to provide electric, gas, water distribution, telephone, or other telecommunication services to the public; or 3. Normal maintenance of land in active agricultural use, as defined in the Commission’s regulations (Section II); or 4. Maintenance and repair of existing public ways; and All appropriate measures should be undertaken to prevent damage to any resource areas that would have a detrimental effect on the interests of the Ordinance and the Act. APPLICATIONS TO PERFORM WORK AND INFORMATION REQUIRED All applications to perform activities in the City’s resource areas shall be either in the form of a Request for Determination of Applicability or a Notice of Intent, or both. Such applications shall contain data and plans as specified in the Commission’s regulations, and shall be submitted in complete written form to the Commission as required by this Ordinance, regulations, and application checklist (Appendix A of Regulations). The date which serves to commence the Commission’s deliberation period is the date of receipt of the application at its offices, during regular office hours. The City’s Conservation Administrator shall be authorized to make determinations of completeness for applications submitted to the Commission and shall reject, within two (2) business days, those applications that do not meet the minimum submittal requirements of this Ordinance, regulations, and application checklist. In order to provide sufficient review time the Commission may continue a public hearing or public meeting if new information is submitted by the applicant, or applicant’s agent, less than seven (7) business days before the scheduled public hearing or public meeting. The applicable forms may be obtained from the Commission and must be signed by the applicant or applicant’s agent where required. The Commission may require further information by Regulations, guideline, or as otherwise deemed necessary by the Commission. No such application shall be accepted as complete before all permits, variances, and approvals required by the Ordinances of the City with respect to the proposed activity, at the time of such Notice, have been applied for or obtained. Such application shall also include any information submitted in connection with such permits, variances, and approvals which is necessary to describe the effect of the proposed activity on the resource area(s). Upon receipt of a permit application or RFD for complex projects such as subdivisions, the Commission is authorized to require the applicant to pay with a reasonable cost determined by the Commission (not to exceed 0.5% or $5,000) for specific expert engineering and other consultant services deemed necessary by the Commission to finalize the decision on the application. Any unused portion will be returned to applicant. I.5 HEARINGS A) Combination with State Law Hearing: 164 The said Commission, in its discretion, may hear any oral presentation under this Ordinance at the same public hearing required to be held under the provisions of Chapter 131, Section 40 of the Massachusetts General Laws. Notice of the time and place of such hearing(s) shall be given as required below. B) Notice: Notice of the time and place of the hearing shall be given at the applicant’s expense, not less than seven (7) calendar days prior to the public hearing, by publication in a newspaper of general circulation in Beverly, and by mailing a copy of such notice to all land owners within 300 feet of land on which the work is proposed. All publications and notices shall contain the name of the applicant, a description of the area where the activity is proposed by street address, if any, or other adequate identification of the location of the area or premises which is the subject matter of the hearing, and the nature of the action or relief requested, if any. Public notice requirements for continued public hearings under this Ordinance shall be the same as the notification requirements set forth in 310 CMR 10.05(5)(b)3. C) Proof: The applicant shall have the burden of providing by a preponderance of credible evidence that the activity proposed in the Notice of Intent will not cause adverse impacts to any of the interests and values intended to be protected by this Ordinance. Failure to provide the Commission adequate evidence for it to determine that the proposed activity will not cause adverse impacts shall be sufficient cause for the Commission to deny permission or to grant such permission with such conditions as it deems reasonable, necessary, or desirable to carry out the purposes of this Ordinance; or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence, upon such terms and conditions as deemed by the Commission to be reasonable. Due consideration shall be given to possible effects of the proposal on all interests and values to be protected under this Ordinance and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public hearing. Filing fees are non-refundable. Review fees not totally expended by the Commission shall be refunded.. D) Continuances: The Commission may continue a public hearing or public meeting in the following situations: 1. With the consent of the applicant, to an agreed-upon date which shall be announced at the hearing; or 2. Without the consent of the applicant, to a specific date for the reasons stated at the hearing, including but not limited to receipt of additional information from the applicant or others; and 3. Any application that expires would require refiling of the Notice of Intent. E) Investigations: The Commission, its agents, officers, and employees, may enter upon privately owned land for the purpose of carrying out its duties under this Ordinance and may make or cause to be made such examination or survey as deemed necessary. I.6 ORDERS AND DECISIONS A) All Orders and Decisions: 165 If the Commission determines that the proposed activity does not require the imposition of conditions to preserve and protect the interests of this Ordinance, the applicant shall be so notified in writing. If, after the hearing, the Commission determines that the proposed activity is significant to one or more interests and values of this Ordinance, the Commission may vote to issue written Orders of Conditions within 21 days of the close of the public hearing. The Commission may impose such conditions, safeguards, and limitations on time and use upon such activity as it deems necessary to protect those interests and values. The Commission may prohibit such activity altogether, in the event that it finds that the interests and values of this Ordinance cannot be preserved and protected by the imposition of such conditions, safeguards, or limitations. B) Security to Assure Performance: The Commission may, as part of its Order of Conditions, require, in addition to any security required by any other City of State Board, Commission, agency, or officer, that the performance and observance of the conditions, safeguards, and limitations imposed under this Ordinance on the applicant and owner be secured by one, or both, of the following methods: 1. Deposit: By the deposit of money, sufficient to complete the work as proposed, to secure performance of the conditions and observance of the safeguards of such Order of Conditions. Such security, if filed or deposited, shall be approved as to form and manner of execution by City Counsel or the City Treasurer. 2. Land Restriction(s): By a Conservation restriction, easement, or other covenant running with the land, executed and properly recorded (or registered, in the case of registered land). C) Duration of Orders: All Orders of Conditions shall expire three (3) years after the date of issuance. An Order of Conditions may be extended for one (1) year upon the request of the applicant. The request for an extension of an Order of Conditions shall be made to the Commission at least 30 days prior to expiration of the Order of Conditions. The Commission may grant only two (2) extensions for an individual Order of Conditions. No activity governed by an Order of Conditions shall be performed unless and until all permits, approvals, and variances required by the Ordinances of the City shall have been obtained, such Order of Conditions or notification shall have been recorded or registered at the Essex South District Registry of Deeds, and all applicable appeal periods have expired. The Commission shall have the right to record or register its Order of Conditions with said Registry of Deeds. No work shall proceed until proof is provided that the Order of Conditions has been properly recorded at the Registry of Deeds. In the event that an Order of Conditions issued pursuant to this Ordinance is identical to a final Order of Conditions issued pursuant to the provisions of M.G.L Chapter 131, Section 40, only one such order need be recorded or registered. D) Modifications, Amendments, Revocations: The Commission shall have the authority (on its own motion or upon the petition of the applicant, or any person interested) to modify, amend, or revoke an Order of Conditions. In revoking an Order of Conditions, the Commission shall officially notify the interested parties through certified mail and hold a public hearing within 21 days of the notification date. In the case of an amendment to an Order of Conditions, the Commission shall 166 have the discretion to decide if a public hearing is warranted. This decision shall be based on the potential impact of the proposed work and its effect on the ability of the identified wetland resource areas to provide those interests as defined under the Act and Ordinance. No public hearing is required for a modification to an Order of Conditions. Written notification to the applicant by certified mail is required in all cases where the Commission initiates a modification, amendment, or revocation of an Order of Conditions. 1.7 CERTIFICATES OF COMPLIANCE The Commission shall, upon receiving a written request and weather permitting, inspect the resource areas where the activity governed by an Order of Conditions was carried out and issue a Certificate of Compliance (or Partial Certificate of Compliance) to the owner of the property, applicant, or applicant’s representative, in a form suitable for recording or registering, if it shall determine that all of the activity(ies), or portions thereof, limited thereby have been completed in accord with said Order. I.8 RULES AND REGULATIONS The Commission shall be empowered to establish Rules and Regulations to govern its affairs, including but not limited to fees, definitions, use of consultants, security to assure performance, performance standards for work in wetland resource areas, and such other information the Commission deems necessary to discharge its responsibilities. After due notice and public hearing, the Commission may promulgate such rules and regulations to effectuate the purposes of this Ordinance, by a majority vote of the duly appointed members. Failure by the Commission to promulgate such rules and regulations, or a legal declaration of their validity by a court of law, shall not act to suspend or invalidate the effect of this Ordinance. ENFORCEMENT, INVESTIGATIONS, VIOLATIONS In accord with the provisions of M.G.L. Chapter 40, Sections 21D and 31 as well as every other authority and power that may have been or may hereafter be conferred upon it, the City may enforce the provisions of this Ordinance, restrain violations thereof, and seek injunctions and judgments to secure compliance with its Orders of Conditions. Without limiting the generality of the foregoing: A) Any person who violates any provision of this Ordinance or of any condition of a permit issued pursuant to it may be punished by a fine pursuant to Massachusetts General Laws, Chapter 40, Section 21. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a separate offense. This Ordinance may be enforced pursuant to Massachusetts General Laws Chapter 40, Section 21D, by a City police officer, other persons having police powers, Conservation Commissioners, or the Conservation Administrator. In accordance with Ch. 40 S. 21D, violators shall, at the discretion of the enforcement authorities, be charged a penalty. The penalties for violations of this Ordinance or regulations promulgated hereunder may be assessed as follows: Violation Penalty/Violation/Day Alteration of any wetland resource area identified in Section I.2 of this Ordinance: $100 167 Violation of any Order of Conditions: $100 Depositing any refuse, debris, yard waste in a wetland or water body: $100 Depositing any construction material in a wetland or water body: $500 Alteration of any stream or water body: $100 Violation of any section of this Ordinance that occurs in the Watershed Overlay District: $200 B) In the event of a violation of this Ordinance or of any order issued thereunder, the Commission or its agents may issue a stop work order to the owner, the applicant, or the applicant’s agent by certified mail, return receipt requested, or by posting the same in a conspicuous location on said site. Any person who shall violate the provisions of a stop work order shall be deemed in violation of the Ordinance; but the failure of the Commission to issue a stop work order for any reason shall not prevent the City from pursuing any other legal remedy at law or in equity to restrain violations of this Ordinance or promulgated regulations and to secure compliance with its Orders. C) The City shall be the beneficiary of all fines imposed on account of the violation of this Ordinance or promulgated regulations in order to defray the expense of enforcing the same. D) Upon request of the Commission, the City Council and City Solicitor shall take such legal action as may be necessary to enforce this Ordinance or promulgated regulations and permits issued pursuant to it. E) Upon recommendation of the Commission, the City Council may employ Special Counsel to assist the Commission in carrying out the legal aspects, duties, and requirements of this Ordinance and promulgated regulations. RESPONSIBILITY FOR COMPLIANCE AFTER OWNERSHIP TRANSFERS After the recording of a Notice of Violation or Order, any person who purchases, inherits, or otherwise acquires real estate upon which work has been done in violation of the provisions of this Ordinance or in violation of any Order issued under the Ordinance shall forthwith comply with any such Order or restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of death by which such real estate was acquired by such person. CAPTIONS AND SEVERABILITY The captions used herein are for convenience only and are expressly intended to have no legal or binding significance. The invalidity of any section or provision of this Ordinance shall not invalidate any other section or provision thereof, nor shall it invalidate any Order of Conditions or decisions which have previously become final. First Passage: November 19, 2001 Final Passage: December 3, 2001 8-0 Vote Order read once and held for final passage as per charter provisions 168 #273 The Committee on Legal Affairs and Accounts to whom was revered the matter of appointment to Zoning Board of Appeal Alternate Members have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the appointment Andrea Fist Approved 3-0 Scott Ferguson Approved 2-1 with Councilor Troubetaris in the negative Mark Schmidt Approved 3-0 Vote 8-0 Order read once and adopted #275 The Committee on Legal Affairs and Accounts to whom was referred the matter of Deed Sam Fonzo Drive have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council accept the deed from Fonzo Realty Trust II as presented for the Public Way know as Sam Fonzo Drive. 8-0 Vote Order Read once and adopted #276 The Committee on Public Service and Aid to whom was referred the matter of Montserrat Community Partnership have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend it adoption Ordered: That the City Council appoint Ward Two Councilor Ron Costa to serve on the Montserrat Community Partnership Committee. 8-0 Vote Order read once and adopted #279 The Committee on Legal Affairs and Accounts to whom was referred the matter of MassHighway re Sam Fonzo Drive Speed Regulations have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 vote Order read once and adopted #280 The Committee on Public Service and Aid to whom was referred the matter of application to sell Christmas Trees, Rochna’s Treeland, 484 Rantoul Street have considered said matter and beg leave to report as follows, to wit: Recommend the License Be granted 8-0 Vote Order read once and adopted 169 #285 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application to sell Christmas Trees, Rose Hip Farm, 61 Conant Street have considered said matter and beg leave to report as follows, to wit: Recommend the permit be granted 8-0 Vote Order read once and adopted #212 The Committee on Public Service and Aid to whom was referred the matter or Request for Fire Department Tests have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #219 The Committee on Public Service and Aid to whom was referred the matter of request to replace trees in wetland area Sylvester Ave to Obear Park have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #248 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Beverly Airport Commission Paul Vitale and John Duval have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted #276 The Committee on Public Service and Aid to whom was referred the matter of Montserrat Community Partnership have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council appoint Ward Two Councilor Ron Costa to serve on the Montserrat Community Partnership Committee. 8-0 Vote Order read once and adopted Resolutions: #287 Resolution honoring Charles F. Patterson, Executive Director of the American Red Cross-Great Beverly Chapter Unfinished Business: Motions and Orders: 170 #288 By Councilor Guanci: Ordered: That the Mayor appoint at least three people to the current recycling committee. The current committee, chaired by Mary Rodrick, is down to two members and is unable to perform a quorum at each meeting and has been unable to perform its advisory duties. Meeting adjourned: 9:15 PM Frances A. Macdonald, CMC City Clerk ` 171