2005-05-02
6:00 PM Rosemary Maglio-Airport Land
6:15 PM Hope Benne-Airport Land
6:30 PM Public Hearing #105 Open Space Residential Design Sit Plan Ordinance
Public Hearing Recessed until June 6, 2005 at 7:00 PM
7:15 PM Public Hearing #103 Brimbal Ave. Zoning Change IR to CG
Public Hearing Recessed until June 20, 2005 at 7:00 PN
Regular Meeting of Beverly City Council 8:00 PM May 2, 2005
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 Coughlin
Appointments:
Acceptance of Minutes of Previous Meeting:
Regular Meeting of April 19, 2005
Communications from His Honor the Mayor
:
Communications from other City Officers and Boards
#121
Dear Honorable Council:
At its regular meeting on March 9, 2005, the Beverly School Committee unanimously voted in favor of the following
motion:
That the School Committee declare the McKay School as surplus property and return the property to the City
of Beverly with the understanding that the proceeds be included in the financing of a construction/renovation
project for Beverly High School, in order to address the current probationary status of the school’s
accreditation.
To further show its support for the construction/renovation project for Beverly High School, the Beverly School Committee, at its
regular meeting on April 13, 2005, unanimously voted in favor of the following motion:
That the School Committee endorse the Mayor’s $3.6 million appropriation request to the City Council for
design and other pre-construction costs associated with the Beverly High School reconstruction project
Respectfully submitted,
Judith A. Cronin, President
Beverly School Committee
Refer to Finance and Property
#122
Beverly City Council
Dear Honorable Council:
This letter is to advise you that the Beverly Police Department is in the application process with the Dept. of
Justice/Bureau of Justice Assistance Division for a Justice Assistance Grant in the amount of $10,572.00. This Federal
grant requires no matching funds from the City and is replacing the Local Law Enforcement Block Grant which has been
eliminated by the Department of Justice.
The funding from this grant will be used to purchase equipment to better meet the day to day needs of the Police
Department per grant guidelines.
Sincerely,
John A. Cassola, Chief of Police
Receive and Place on File
61
#123
April 22, 2005
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
RE: Stop Sign, Wallis Street at Cabot Street
In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14,
Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop sign;
ADD: Wallis Street, east bound drivers on Wallis Street at Cabot Street
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Refer to Legal Affairs
#124
April 22, 2005
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
RE: Stop Sign, Yankee Way at Essex Street
In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14,
Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop sign;
ADD: Yankee Way, southeast bound drivers on Yankee Way at Essex Street
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Refer to Legal Affairs
#125
April 30, 2005
Honorable City Council
191 Cabot St.
Beverly, MA 01915
Dear Honorable Council:
Attached is a list of all the Second Hand (Junk/Valuables) Dealers Licenses to be renewed for the year 2005.
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 Legal Affairs
Communications, Applications and Petitions:
#126
62
Verizon Petition for placing one hand hole and approximately 150 feet of underground conduit within public way on Roundy
Street
Refer to Public Services
#127
Request by A Ara Danikian to waive city Ordinance Sec 15-10 Alcoholic Beverages in public building for event June 2, 2005
At the Beverly Public Library during Art Exhibition.
Refer to Legal Affairs
#128
TEC Associates relative to Massachusetts Bay Commuter Railroad’s 2005 Vegetation Control Program
Receive and Place on File
#129
Citizens Referendum Petition relative to Order #63 Surplus Land at Airport
Refer to Finance and Property
#130
Resolution in Support of PCA Quality Home Care Workforce Act.
Refer to Public Services
Reports from Committees:
#69
The Committee on the Whole to whom was referred the matter of Communication regarding storage of City Vehicles
have considered said matter and beg leave to report as follows, to wit:
Refer to Public Services
Order read once and adopted 9-0 Vote
#97
The Committee of the While to whom was referred the matter of Capital Expenditure Plan have considered said matter
and beg leave to report as follows, to wit:
Refer to Finance and Property
Order read once and adopted 9-0 Vote
#107
The Committee on Finance and Property to whom was referred the matter of Open Space and Recreation relative to
Conservation Restriction at Norwood Pond 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
#78
The Committee on Legal Affairs to whom was referred the matter of ordinance re Erosion/Sediment control and
materials management 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 five
63
An Ordinance Amending an ordinance entitled “Public Works” Erosion/Sediment Control and Materials Management
Ordinance
Be it ordained by the city council of the City of Beverly, as follows, to wit:
AMEND Chapter 20 of the Revised City Ordinances by adding an Article VII entitled “Erosion/Sediment Control and
Materials Management Ordinance” as follows:
Erosion/Sediment Control and Materials Management Ordinance
SECTION 20-162. PURPOSE/INTENT
During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water
resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species.
Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. In addition, clearing and grading
during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat.
Many potential pollutants other than sediment are associated with construction activities. These pollutants include
pesticides, fertilizers used for vegetative stabilization; petrochemicals (oils, gasoline, and asphalt degreasers),
construction chemicals such as concrete products, sealers, and paints, wash water associated with these products,
paper; wood; garbage and sanitary wastes.
As a result, the purpose of this Ordinance is to safeguard persons, protect property, and prevent damage to the
environment in the City of Beverly. This Ordinance will also promote the public welfare by guiding, regulating, and
controlling the design, construction, use, and maintenance of certain development or other activity that disturbs the
topsoil or results in the movement of earth on land in the City of Beverly.
Section 20-163 Definitions
For the purposes of this Ordinance, the following terms shall mean the following:
Clearing Any activity that removes the vegetative surface cover.
Construction Chemicals Chemical pollutants, such as paints, acids for cleaning masonry surfaces,
cleaning solvents, asphalt products, soil additives used for stabilization, and
concrete-curing compounds.
Drainage Way Any channel that conveys surface runoff throughout the site.
Erosion Control A measure that prevents erosion.
Erosion and
Sediment Control
Plan A set of plans prepared by or under the direction of a professional
engineer licensed with the Commonwealth of Massachusetts indicating the specific measures and sequencing
to be used to control sediment and erosion on a development site during and after construction.
Grading Excavation or fill of material, including the resulting conditions thereof.
Manual Massachusetts Erosion and Sedimentation Control and Guidelines for Urban
and Suburban Areas, A Guide for Planners, Designers and Municipal Officials
as prepared by Franklin, Hampden, and Hampshire Conservation Districts for
the Massachusetts Office of Environmental Affairs, the U.S. Environmental
Protection Agency, and the National Resources Conservation Service dated
March 1997 and reprinted May 2003 (as updated or amended)
Nutrients Fertilizers that are used on construction
sites when revegetating graded or disturbed areas.
Perimeter Control A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or
diverting it to a sediment trap or basin.
Pesticides Insecticides, rodenticides and herbicides as used on construction sites to
provide safe and healthy conditions, reduce maintenance and fire hazards, curb
weeds and woody plants, and control rodents.
Petroleum Products Petroleum products used during construction including fuels and
lubricants for vehicles, power tools, and general equipment maintenance
including but not limited to gasoline, diesel oil, kerosene, lubricating oils, and
grease.
64
Phasing Clearing a parcel of land in distinct phases, with the stabilization of each phase completed
before the clearing of the next.
Sediment Control Measures that prevent eroded sediment from leaving the site.
Site A parcel of land or a contiguous combination of parcels, where grading work is
performed as a single unified operation.
Site Development
Permit A permit issued by the municipality for the construction or alteration of ground
improvements and structures for the control of erosion, runoff, and grading
during construction.
Solid Wastes All solid wastes on construction sites such as that generated from trees and shrubs
removed during land clearing and structure installation, wood and paper from
packaging and building materials, scrap metals, sanitary wastes, rubber, plastic
and glass, and masonry and asphalt products.
Stabilization The use of practices that prevent exposed soil from eroding.
Start of Construction The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling; installation of
streets and walkways, excavation for basements, footings, piers, or foundations,
erection of temporary forms, and installation of accessory or temporary buildings
such as garages and construction offices.
Waterway Any body of water, including, but not limited to lakes, ponds, rivers, streams,
ocean and bodies of water located in the City of Beverly.
Watercourse A channel that directs surface runoff to a
waterway or to a public storm drain or system.
SECTION 20-164. AUTHORITY
This Ordinance is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution,
the Home Rule statutes and the regulations of the federal Clean Water Act found at 40 CFR 122.34.
SECTION 20-165 RESPONSIBILITY FOR ADMINISTRATION
The Engineering Department shall administer, implement, and enforce the provisions of this Ordinance. Any powers
granted or duties imposed upon the Engineering Department may be delegated in writing by the Engineering Director to
persons or entities acting in the beneficial interest of or in the employ of the City.
SECTION 20-166 SEVERABILITY
The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph
of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such
invalidity shall not affect the other provisions or application of this Ordinance.
SECTION 20-167 EROSION & SEDIMENTATION CONTROL MANUAL
The Massachusetts Erosion and Sedimentation Control and Guidelines for Urban and Suburban Areas, A Guide for
Planners, Designers and Municipal Officials (hereinafter referred to as the Manual) as prepared by Franklin, Hampden,
and Hampshire Conservation Districts for the Massachusetts Office of Environmental Affairs, the U.S. Environmental
Protection Agency, and the National Resources Conservation Service dated March 1997 and reprinted May 2003 (as
updated or amended) is hereby incorporated by reference as part of this Ordinance, and shall furnish additional policy,
criteria and information including specifications and standards, for the proper implementation of the requirements of this
Ordinance.
This Manual includes a list of acceptable erosion and sediment control practices, including the specific design criteria for
each practice. The City of Beverly Engineering Department may, at its own discretion and based on its own experience,
develop interpretive or informational policies to further the goals and objectives of this Ordinance.
SECTION 20-168 PERMITS
I. Projects Disturbing One Acre or More of Land
1) No person shall be granted a site development permit for land-disturbing activity that would require the
uncovering of one (1) acre or more (43,560 square feet) without the approval of an Erosion/Sediment Control
and Materials Management Plan by the Engineering Department.
2) No site development permit is required for the following activities:
a) Any emergency activity that is immediately necessary for the protection of life, property, or natural
resources;
65
b) Repairs to any stormwater system deemed necessary by the City of Beverly Engineering
Department;
c) Existing nursery and agricultural operations conducted as a permitted main or accessory use.
Although the uses outlined in a – c above do not require a site development permit, erosion control measures
meeting the approval of the City’s Engineering Director must still be employed.
3) Each application shall bear the name(s), address(es) and emergency contact information of the owner and
developer of the site, and of any consulting firm retained by the applicant together with the name of the
applicant’s principal contact at such firm. The application shall be accompanied by a filing fee established for
this purpose by the Engineering Department.
4) Each application shall include a statement that any land clearing, construction, or development involving the
movement of earth shall be in accordance with the Erosion and Sediment Control and Materials Management
Plan approved by the Engineering Department.
5) The applicant will be required to file with the City of Beverly a performance bond, letter of credit, or other
security in an amount deemed sufficient by the Engineering Department to cover all costs of improvements,
landscaping, and maintenance of improvements for such period as specified by the City of Beverly, and
engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
The security required by this paragraph shall be returned to the applicant upon successful implementation of
the approved Erosion/Sedimentation Control and Materials Management Plan and construction activities, as
determined by the Engineering Director.
6) The applicant will be required to place a legal notice regarding the application in a newspaper of general
circulation in the City at his/her own expense, and shall also be required to mail a copy of such notice via
regular mail to all abutters of the property to be developed. Said notice shall be published within three (3)
days of the filing of the application with the City’s Engineering Department, and shall provide at least the
following information:
??
Location and nature of project
??
Date application for approval of an Erosion/Sediment Control and Materials Management
Plan was submitted to the City Engineer
??
Location where application can be reviewed during normal City Hall business hours
??
Deadline for receipt of written comments by the City Engineer.
II. Projects Disturbing Less Than One Acre of Land But More Than One Quarter Acre of Land
1) No person shall be granted a site development permit for land-disturbing activity that would require
uncovering less than one acre of land but more than one quarter acre of land without the approval of an
Abbreviated Erosion/Sediment Control & Materials Management Application by the Engineering
Department.
III. Projects Disturbing Less Than One Quarter Acre of Land
1) No person undertaking a project that will disturb less than one quarter acre of land shall commence work
until they have submitted an abbreviated erosion/sediment control and materials management
application. Such projects shall be required to submit an erosion/sediment control and materials
management plan with the application when, in the opinion of the Building Inspector, his designee, or the
Director of Engineering, the submission of such a plan is needed to further the purpose and intent of this
Ordinance and/or to safeguard surrounding property and public infrastructure systems.
SECTION 20-169 REVIEW AND APPROVAL
I. Projects Disturbing One Acre or More of Land
1) The Engineering Department will review each application for a site development permit to determine its
conformance with the provisions of this Ordinance. The City Engineer shall consider any written comments
received from the public as a result of the required public notice, and may require changes or the submission
of additional information as he deems necessary to create an acceptable and complete plan. The
Engineering Department shall, in writing:
a) Approve the permit application;
b) Approve the permit application subject to such reasonable conditions as may be necessary to
secure substantially the objectives of this Ordinance, and issue the permit subject to those
conditions; or
c) Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised
application.
2) Pending preparation and approval of a revised plan, development activities may be allowed to proceed in
accordance with conditions by the Engineering Department.
3) Upon approval of the permit and prior to commencement of construction/demolition/activity on the site, the
applicant shall be required to post a sign on the premises that identifies the fact that an approved erosion and
66
sediment control and materials management plan is on file with the Engineering Department and provides a
contact phone number for questions or complaints about construction activities. Such sign shall be visible
from at least one public way and of such size and construction methods deemed acceptable by the City
Engineer. Said sign shall be posted on site for the duration of construction activities.
4) The City Engineer shall keep copies of all such applications, public comment, and approved plan (if any) on
file for public review.
II. Projects Disturbing Less Than One Acre of Land But More Than One Quarter Acre of Land
1) The Engineering Department will review each abbreviated Erosion/Sediment Control and Materials
Management Application to determine its conformance with the provisions of this Ordinance. The Engineering
Department shall, in writing:
a) Approve the permit application;
b) Approve the permit application subject to such reasonable conditions as may be necessary to
secure substantially the objectives of this Ordinance, and issue the permit subject to those
conditions; or
c) Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised
application.
2) Pending preparation and approval of a revised plan, development activities may be allowed to proceed in
accordance with conditions by the Engineering Department.
III. Projects Disturbing Less Than One Quarter Acre of Land
1) The Engineering Department will review each abbreviated Erosion/Sediment Control and Materials
Management Application to determine its conformance with the provisions of this Ordinance. The Engineering
Department shall, in writing:
a) Approve the permit application;
b) Approve the permit application subject to such reasonable conditions as may be necessary to
secure substantially the objectives of this Ordinance, and issue the permit subject to those
conditions; or
c) Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised
application.
2) Pending preparation and approval of a revised plan, development activities may be allowed to proceed in
accordance with conditions by the Engineering Department.
SECTION 20-170 EROSION AND SEDIMENT CONTROL AND MATERIALS MANAGEMENT PLAN
REQUIREMENTS
1) The Erosion and Sediment Control and Materials Management Plan submitted for any project shall at a
minimum include the following:
a)1. A brief narrative describing the project, the site and adjacent properties;
b)2. A natural resources map identifying soils, forest cover, and other resources protected under other
chapters of this Ordinance;
c)3. Identification of sensitive or potentially problematic areas or characteristics on and adjacent to the
site;
d)4. Site development plan that includes the proposed project, existing and proposed grades, and all
erosion control measures;
e)5. A sequence of construction of the development site, including stripping and clearing; rough grading;
construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing
shall identify the expected date on which clearing will begin, the estimated duration of exposure of
cleared areas, areas of clearing, installation of temporary erosion and sediment control measures,
and establishment of permanent vegetation;
f)6. Details and specifications of all erosion and sediment control measures necessary to meet the
objectives of this local Ordinance throughout all phases of construction and after completion of
development of the site. Depending upon the complexity of the project and/or the timing of
construction activities, the drafting of intermediate plans may be required at the close of each
season;
g)7. A vegetation/re-vegetation/landscaping plan that includes seeding mixtures and rates, types of sod,
method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer
application, and kind and quantity of mulching for both temporary and permanent vegetative control
measures. For projects of less than one (1) acre, the City’s Engineering Director shall provide a list
of suggested plant/seed mixtures.
h)8. An Operation and Maintenance Plan and list of parties responsible for erosion control structures
before and during construction and after the completion of the project;
i)1. All proposed measures necessary to prevent, control and properly address pollutants on site in
accordance with Section 20-171 of this Ordinance; and
j)1. Any supporting calculations.
2) Modifications to the plan shall be processed and approved or disapproved in the same manner as Section 20-
67
169 of this Ordinance, except that the legal notice and abutter notification requirements may be waived by the
Engineering Director if he/she deems such modifications to be minor in nature. All modifications shall be
authorized by Engineering Department in writing and shall be sent to the permittee and to those receiving
notice as provided in Section 20-169 of this Ordinance.
SECTION 20-171 DESIGN REQUIREMENTS
1) Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design
criteria set forth in the most recent version of the Manual, and shall be adequate to prevent transportation of
sediment from the site to the satisfaction of the Engineering Department. Cut and fill slopes shall be no
greater than 2:1, except as approved by the Engineering Department to meet other community or
environmental objectives.
2) Clearing and grading of natural resources, such as forests and wetlands shall not be permitted, except when
in compliance with all other chapters of this Ordinance. Clearing techniques that retain natural vegetation and
drainage patterns, as described in the Manual, shall be used to the satisfaction of the Engineering
Department.
3) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control
devices have been installed, stabilized and inspected and approved by the Engineering Department or its
designee.
4) Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be
established at plan review and approved by the Engineering Department.
5) Erosion control requirements shall at a minimum include the following:
a. Soil stabilization shall be completed within five days of clearing or inactivity in construction;
b. If seeding or another vegetative erosion control method is used, it shall become established within
two weeks or the Engineering Department may require the site to be reseeded or a non-vegetative
option employed;
c. Special techniques that meet the design criteria outlined in the Manual on steep slopes or in
drainage ways shall be used to ensure stabilization;
d. Soil stockpiles must be stabilized or covered at the end of each workday;
e. The entire site must be stabilized, using a heavy mulch layer or another method that does not
require germination to control erosion, at the close of the construction season; the Engineering
Department may suggest additional measures needed to secure a site when construction is not
completed within a single building season;
f. Techniques shall be employed to prevent the blowing of dust or sediment from the site;
g. Techniques that divert upland runoff past disturbed slopes shall be employed.
6) Sediment controls requirements shall at a minimum include:
a. Settling basins, sediment traps, or tanks and perimeter controls;
b. Settling basins that are designed in a manner that allows adaptation to provide long-term
stormwater management, if required by the Engineering Department;
c. Protection for adjacent properties by the use of a vegetated buffer strip in combination with
perimeter controls.
7) Waterway and watercourse protection requirements shall at a minimum include:
a. A temporary stream crossing installed and approved The City of Beverly Conservation Commission
if a waterway will be crossed regularly during construction;
b. Stabilization of the waterway channel before, during, and after any in-channel work.
c. All on-site stormwater conveyance channels shall be designed according to the criteria outlined in
the Manual;
d. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channel(s).
8) Construction site access requirements shall at a minimum include:
a. A temporary access road provided at all sites;
b. Stable construction entrance/exit to keep mud and sediment off of public ways;
c. Other measures required by the Engineering Department in order to ensure that sediment is not
tracked onto public streets by construction vehicles or washed into storm drains.
9) Landscaping and re-vegetation employed on site shall consist of native plant species whenever practicable.
SECTION 20-172 MATERIALS MANAGEMENT PRACTICES
1) Properly store, handle, apply and dispose of pesticides:
a. Pesticide storage areas on construction sites should be protected from the elements. Warning signs
should be placed in areas recently sprayed or treated. Persons mixing and applying these
chemicals should conform to the requirements of the Occupational Safety and Health Administration
(OSHA).
b. Application rates should conform to registered label directions. Disposal of excess pesticides and
68
pesticide-related wastes should conform to registered label directions for the disposal and storage
of pesticides and pesticide containers set forth in applicable Federal, State, and local regulations
that govern their usage, handling, storage, and disposal. Pesticides should be the tool of last resort;
methods that are the least disruptive to the environment and human health should be used first.
c. Pesticides should be disposed of through either a licensed waste management firm or at a
treatment, storage, and disposal facility approved for such purposes. Containers should be triple-
rinsed before disposal and rinse waters should be reused as product.
d. Other required practices include setting aside a locked storage area, tightly closing lids, storing in a
cool, dry place, checking containers periodically for leaks or deterioration, maintaining a list of
products in storage, using plastic sheeting to line the storage area, and notifying neighboring
property owners prior to spraying.
2) Properly store, handle, use and dispose of petroleum products:
a. When storing petroleum products, follow these guidelines;
i. Create a shelter around the area with cover and wind protection.
ii. Line the storage area with a double layer of plastic sheeting or similar material.
iii. Create an impervious berm around the perimeter with a capacity 110 percent greater than
that of the largest container.
iv. Clearly label all products.
v. Keep tanks off the ground.
vi. Keep lids securely fastened.
b. Oil and oily wastes such as crankcase oil, cans, rags, and paper dropped into oils and lubricants
should be disposed of in proper receptacles or recycled. Waste oil for recycling should not be mixed
with degreasers, solvents, antifreeze or brake fluid.
3) Establish fuel and vehicle maintenance staging areas located away from all drainage courses and design
these areas to control runoff.
4) Provide sanitary facilities for construction workers.
5) Develop and implement a spill prevention and control plan. Agencies, contractors and other commercial
entities that store, handle, or transport fuel, oil or hazardous materials should develop a spill response plan.
The plan should address post spill procedure information and have persons trained in spill handling on site or
on call at all times. Materials for cleaning up spills should be kept on site and easily available. Spills should be
cleaned up immediately and the contaminated material properly disposed of. The Fire Department, Board of
Health and Engineering Departments shall be alerted immediately of the occurrence of a spill. Spill control
plan components should include the following steps:
a. Stop the source of the spill.
b. Contain any liquid.
c. Cover the spill with absorbent material such as kitty litter or sawdust, but do not use straw. Dispose
of the used absorbent properly.
d. Educate construction workers about proper materials handling and spill response procedures.
6) Maintain and wash equipment and machinery in confined areas specifically designed to control runoff.
7) Washout from concrete trucks should be conducted outside of City limits wherever practical. When washout
is conducted on site, it should be disposed of into:
a. A designated area that will later be backfilled;
b. An area where the concrete wash can harden, be broken up, and then placed in a dumpster; or
c. A location not subject to urban runoff and more than 50 feet away from a storm drain, open ditch, or
surface water.
Dumping washout into a sanitary sewer or storm drain or onto soil or pavement that carries urban runoff is
prohibited.
8) All solid waste, including excess asphalt, produced during construction shall be removed from the site and
legally disposed of off-site.
9) Educate construction workers about proper materials handling and spill response procedures. Distribute or
post informational material regarding chemical control.
SECTION 20-173 INSPECTION
1) The Engineering Department or designated agent shall make inspections as hereinafter required and either
shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply
with the approved Erosion and Sediment Control and Materials Management Plan. Plans for grading,
stripping, excavating, and filling work bearing the stamp of approval of the City Engineering Department shall
be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the
Engineering Department at least two working days before the following:
a. Start of construction
b. Installation of sediment and erosion measures
69
c. Completion of site clearing
d. Completion of rough grading
e. Completion of final grading
f. Close of the construction season
g. Completion of final landscaping
h. Removal of sediment and erosion control measures
2) The permittee or his/her agent shall make regular inspections of all control measures in accordance with the
inspection schedule outlined on the approved Erosion and Sediment Control and Materials Management
Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and
the need for additional control measures. All inspections shall be documented in written form and submitted
to the Engineering Department at the time interval specified in the approved permit.
3) The Engineering Department or its designated agent shall enter the property of the applicant as deemed
necessary to make regular inspections to ensure the validity of the reports filed under Section 20-173.2.
SECTION 20-174 ENFORCEMENT
1) Stop-Work Order; Revocation of Permit
In the event that any person holding a site development permit pursuant to this Ordinance violates the terms
of the permit or implements site development in such a manner as to materially adversely affect the health,
welfare, or safety of persons residing or working in the neighborhood or to be materially detrimental to
property, improvements in the neighborhood or natural resources as determined by the Engineering Director,
the Engineering Department may suspend or revoke the site development permit until acceptable
modifications/corrections are made.
2) Modifications
The Engineering Department reserves the right to modify the Erosion and Sediment Control and Materials
Management Plan upon written notice to the applicant.
3) Violations and Penalties
No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the
same to be done, contrary to or in violation of any terms of this Ordinance. Any person violating any of the
provisions of this Ordinance shall be deemed guilty of a misdemeanor and each day during which any
violation of any of the provisions of this Ordinance is committed, continued, or permitted, shall constitute a
separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be
punished by a fine of not more than $300 for each offense. In addition to any other penalty authorized by this
section, any person, partnership, or corporation convicted of violating any of the provisions of this Ordinance
shall be required to bear the expense of site restoration.
4) Non-Criminal Disposition
Whoever violates any provision of this regulation (including any agent, representative, or contractor of the
applicant), the violation of which is subject to a specific penalty, may be penalized by the non-criminal method
of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D or by filing a criminal
complaint at the appropriate venue. Non-criminal disposition authority can be found at Beverly City Ordinance
Section 9-27.
Each day on which any violation exists shall be deemed to be a separate offense.
Penalty: $100 for the first offense
$200 for the second offense within 24 months of the date of the first violation
$300 for the third or subsequent offense within 24 months of the current violation,
including the current violation
Enforcing Persons: Beverly Inspector of Buildings and his designees
In addition to the criminal/civil procedures provided for herein, the City of Beverly in enforcing this Ordinance
shall have all other rights and remedies as provided for by law specifically, but not limited to the right to seek
equitable/injunctive relief from a court of competent jurisdiction.
Ordinance read once and Adopted 9-0 Vote
#98
The Committee on Legal Affairs to whom was referred the matter of Appointment-Constable-Keplaire LaFontant have
considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
Order read once and adopted 9-0 Vote
70
#107
The Committee on Legal Affairs to whom was referred the matter of Open Space and Recreation re Conservation
Restriction for Norwood Pond 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 Ordinance MV & T Parking-Rantoul Street 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 Five
An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Parking Rantoul Street
Be it ordained by the City Council of the City of Beverly as Follows, to wit:
That Chapter 14, Section 125 and 126 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is
hereby amended as follows:
Delete: Sec. 14-125, (a), One-hour parking
Rantoul Street, easterly side, from Broadway to two hundred eight (208) feet south of Roundy Street.
Rantoul Street, westerly side, from Broadway to seventy-two (72) feet north of Creek Street.
Delete: Sec. 14-125, (b), in it’s entirely
Add: Sec. 14-125 (a), One-hour parking
Rantoul Street, both sides, from Broadway to Bow Street.
Rantoul Street, easterly side, from Federal Street to two hundred eight (208) feet south of Roundy Street.
Rantoul Street, westerly side, from Federal Street to Creek Street.
Add: Sec. 14-126 (a), Two-hour parking
Rantoul Street, both sides, from Bow Street to Federal Street.
First Passage: May 2, 2005
Final Passage: May 16, 2005
Ordinance read once and held for final passage as per charter provisions 9-0 Vote
#127
The Committee on Legal Affairs to whom was referred the matter of Waiver of Alcohol Ordinance 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 waive Section 15-10 of the City Ordinance relative to consumption of alcoholic
beverages in public buildings as per the request of A. Ara Danikian for an art reception at the Beverly Farms Library on
June 2, 2005.
Order read once and adopted 9-0 Vote
#125
The Committee on Legal Affairs to whom was referred the matter of applications for Second Hand (Junk) Dealers
Licenses 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
71
#93
The Committee on Public Services to whom was referred the matter of Appointment-Solid Waste Management
Commission-Timothy Smith have considered said matter and beg leave to report as follows, to wit:
Recommend the council approve the Appointment
Order read once and adopted 9-0 Vote
#100
The Committee on Public Services to whom was referred the matter of Open Space and Recreation Semi-Annual
Report 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
#119
The Committee on Public Services to whom was referred the matter of request police report to council re Matrix Study
have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Police Dept. appear before the City Council regarding a follow up report of the Matrix study in the
spring of the years 2008 and 2012.
Order read once and adopted 9-0 Vote
#126
The Committee on Public Services to whom was referred the matter of Petition of Verizon have considered said matter and
beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: The City Council of the City of Beverly will hold a Public Hearing On Monday, May 16, 2005 at 7:55 PM City
Hall, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of Verizon for 150 feet of underground conduit
within the public way on Roundy Street.
Order read once and adopted 9-0 Vote
Unfinished Business:
#104 Ordinance Miscellaneous Provisions re Litter Final Vote 8-1 Martin Against
Resolutions:
Motions and Orders:
#131
By Councilor Hobin:
Ordered: That "GO SLOW CHILDREN" signs be installed on both ends of Magnolia street.
Recommend approval of the Order 9-1 Vote
#132
By Councilor Hobin:
PROPOSED CHANGE OF ZONING ORDINANCE
72
CHAPTER 29, SECTION 6, PART B
29-6 COMMON PERMITTED USES
B. Accessory Buildings in Residential Districts
1. Accessory buildings must be separated from the main building by at least
five (5) feet.
2. Accessory buildings including detached garages, greenhouses, tool sheds,
and all other accessory buildings exceeding 100 square feet in area and/or twelve (12) feet in height
must meet the required setbacks for that zone, and not exceed the greater of a) fifteen (15) feet in
height or b) a height equal to one-half the distance to the nearest lot line, to a maximum of twenty-
two (22) feet.
3. Accessory buildings other than detached garages, greenhouses, tool sheds,
and those not covered under paragraph 2, that are less than 100 square feet in area and less than
twelve (12) feet in height may be set back from only the side and/or rear lot line ( must meet front
setback for that zone) by a distance of not less than five feet.
4. Accessory buildings, if permitted under paragraphs 1, 2 and 3, may be placed in the rear and side
yards, but shall not occupy more than twenty-five percent (25%) of the area of such yards.
Refer to Legal Affairs .
#133
By Councilor Troubetaris
Ordered: To remove a tree near a driveway at 34 Taft Avenue to allow resident to make a wider driveway in order that
her handicap son can easily get out of the Van.
Refer to Public Services
Meeting adjourned: 10:05PM Frances A. Macdonald, CMC
City Clerk
73