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2003-05-057:30 PM Mary Rodrick RE Recycling 7:40 PM David Gardner re Open Space and Recreation Semi-Annual Report 7:50 PM #146 Public Hearing Transfer to Account – Fire Shift Coverage and Police Overtime Recessed until meeting of May 19, 2004@ 7:45 PM RegulaRegular Meeting of Beverly City Council April. 22, 2003r Meeting of Beverly City Council April. 22, 2003 Roll Call : Councilors Present: Ronald Costa, William Coughlin, Timothy Flaherty, Donald Martin, Virginia McGlynn, John Murray, Maureen Troubetaris, Paul Guanci , Councilor Morency was absent. Pledge of Allegiance to the Flag : Led by Councilor Troubetaris Appointments: Acceptance of Minutes of Previous Meeting: Meeting of April 22, 2003 Communications from His Honor the Mayor : #163 April 29, 2003 Frances Macdonald City Clerk 191 Cabot Street Beverly, MA 01915 Dear Ms. Macdonald: Pursuant to Section 3-5 of the Beverly Home Rule Charter relative to temporary appointment to city officers: I designate Robert Nelson, who is presently serving as the Temporary Director of Municipal Inspections and the Temporary Building Inspector, to serve for an additional period as provided for by the Charter. His 60-day temporary appointment will expire on May 7, 2003. Very truly yours, Thomas M. Crean, Mayor Receive and Place on File #164 April 29, 2003 Frances Macdonald City Clerk 191 Cabot Street Beverly, MA 01915 Dear Ms. Macdonald: Pursuant to Section 3-5 of the Beverly Home Rule Charter relative to temporary appointment to city officers: I designate William Ambrefe, who is presently serving as the Temporary Inspector of Wires, to serve for an additional period as provided for by the Charter. His 60-day temporary appointment will expire on May 17, 2003. 83 Very truly yours, Thomas M. Crean, Mayor Receive and Place on File #165 April 30, 2003 Councilor Timothy P. Flaherty 191 Cabot Street Beverly, MA 01915 Dear Councilor Flaherty: I am in receipt of your request of April 16, 2003 asking “when we will see your five year Capital Improvement Plan.” The Capital Plan is undergoing a major revision in light of the new economic conditions at the state and city levels. That revision has been dependent on the outcome of a number of votes before the City Council, specifically and most significantly the proposal for the construction of a new Beverly High School, along with a proposed sewerage project on Hale and West streets and several other projects. The city has also been reviewing two major proposals to improve the Glover’s Wharf section of its waterfront. All of these will have a major impact on the city’s capital spending plans. However, I have decided that in response to your concerns, I will proceed with the information on hand rather than wait for the resolution of these matters. Accordingly, it is my expectation that the plan will be submitted to the council for its May 19, 2003 meeting. That date is approximately a year since the submission of my previous plan last year. I would suggest for your consideration that the Charter Commission consider a change in the due date of this plan for the future, as the first plan is expected from a newly elected mayor only three weeks after his inauguration. I remind you in the meantime that the council still has last year’s Five-Year Capital Plan, which includes the years 2003-2007 and can serve as a reference in your deliberations. As the mayor who has funded ordinance review and charter implementation, you may rest assured that I share your dedication to our Charter and its full implementation. Very truly yours, Thomas M. Crean, Mayor of Beverly Receive and Place on File #142 April 30, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council Re: Amendment to Communication I hereby appoint, subject to your review, Mr. Jerry Parisella, 14 Red Rock Lane, Beverly, MA 01915 to serve as a member of the Youth Activities Commission. His term will expire on December 31, 2003, as he is filling a vacancy. This letter amends my original communication dated April 22, 2003. Very truly yours, Thomas M. Crean, Mayor 84 Referred to Public Service and Aid #166 May 5, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Reid Hoover, 13 Doe Run Drive, Newburyport, MA 01950, to serve as a Constable of Beverly for the express purpose of serving Civil Process. His term will expire on May 5, 2006. This application for appointment has been reviewed and approved by Police Chief John Cassola. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #167 May 5, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I enclose for your review a letter over the signature of Debra A. Hurlburt, Director of Planning & Development, in which she proposes increasing the municipal filing fees charged by the Planning Department. These fees have been reviewed and approved by the Solicitor’s office. I enclose these fees for your review and approval. Very truly yours, Thomas M. Crean, Mayor Refer to Finance and Property #168 May 5, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council adopt the attached Order authorizing the City to appropriate the sum of One Hundred Fifty-Two Thousand Three Hundred Forty and 22/100 ($152,340.22) Dollars from the Stop and Shop Traffic Improvements Fund #640 fund balance to Account #20610/57000 for the purpose of construction improvements to Cox Court. Very truly yours, Thomas M. Crean, Mayor Referred to Finance and Property 85 Communicationsfrom other City Officers and Boards #169 April 3, 2003 Honorable City Council 191Cabot Street Beverly, MA 01915 Dear Members of the Council: This is the Open Space and Recreation Committee’s march2003 semi-annual report in accordance with its founding Charter. The Committee continues its program including: Funding; Secured a very limited gift for reproduction of the trail map. A reasonable amount of funding is needed to support the Committee for map reproduction. Land acquisition: Continued discussions with several property owners in preserving open space. Promoted use of the Henderson Road site for active recreation Inventory and Plans: Finalized the Action Plan 2002 and have begun reproduction of the plan for distribution. Prepared a draft management plan for Sally Milligan Park for review and approval by the Parks and Recreation Commission and the Conservation Commission. Trails: Completed a final trail map and solicited funding for reproduction Marked several trails in Sally Milligan Park. Public Participation: Planned public events for Earth Day weekend on April 27. Future Activities: The Committee is discussing how best to support the City Administration and Boards in preserving and managing open space. The Committee thanks you for your continuing support. For the Committee David F. Gardner, Chairman Receive and Place on File #170 April 28, 2003 Honorable City Council c/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 Dear Council, RE: Request for a Stop Sign 86 We have been asked to look into the possibility of placing STOP sign at the intersection of Appleton Avenue and Harrison Avenue. We have investigated this location and found it meets the warrants for a stop sign. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop sign; Appleton Avenue, East bound drivers on Appleton Avenue at Harrison Avenue. ADD: Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs and Accounts #171 April 28, 2003 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: Request from Councilor Costa to delete the1hour-parking area on Endicott Street, easterly side, from Thorndike Street to Abbott Street. We have been asked to look into removing the 1 hour-parking signs on Endicott Street, easterly side, from Thorndike Street to Abbott Street. We have looked at this area and if Councilor Costa and residents want the restriction removed it will not affect the traffic flow. Please take the necessary action to delete Chapter 14, Section 125 as follows: Endicott Street, easterly side, from Thorndike Street to Abbott Street. DELETE: Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Referred to Legal Affairs and Accounts #172 TO: Frances Macdonald RE: Release of Airport Land for Lease Background: There are two (2) parcels of airport land that are identified on attached map as Lot 1D and Lot 1E that are not suitable for aviation use and may be used for non-aviation purposes. There is commercial interest on these parcels, however lease of City property must first be approved by City Council and then the parcels may go out for proposals. On November 25, 2002, the City’s Finance and Property Committee met and approved the release (or sale) of these parcels. At the time these two parcels were two of four parcels that the airport commission was requesting a release for either lease or sale. The commission was seeking a “blanket” release on all four. When the request went before City Council they said they needed to vote on particular parcels and particularly on whether it was lease or sale, no “blanket” approval. 87 There was also a question of who received the revenue of a lease or sale, the City or the Airport which has since been resolved (the Airport receives rent and the City receives property tax). Justification: A lease of airport property would provide continuous revenue to the airport enterprise fund and continuous tax revenue to the City. Primary Benefits to Airport and City. Revenue, Taxes, and jobs. Requested Action: Since the Finance and Property Committee have already approved the lease of four airport parcels, including the two above, would you please submit this request to the Mayor and City Council for a vote at the May 5, 2003 City Council meeting. If it however, must go before Finance and Property Committee again would you please submit our request through those proper channels. Thank You. Beverly Airport Commission Referred to Finance and Property #173 To: City Councilors From: Robert A. Munroe, Asst. City Solicitor RE: Dog Ordinance Enclosed are proposed Ordinances amending Chapter 4, Section II, and Chapter 16 of the revised Ordinances. Also enclosed for your perusal is Chapter 4, Section II, in its entirety, with proposed changes bolded. CITY OF BEVERLY In the year two thousand and three amending Chapter 16 of the City of Beverly Revised Ordinances. AN ORDINANCE Be it ordained by the City Council of the City of Beverly as follows: Chapter 16 of the Revised Ordinances of the City of Beverly is further amended by deleting Sec. 16-3(5) in its entirety. CITY OF BEVERLY In the year two thousand and three amending Chapter 4 of the City of Beverly Revised Ordinances. AN ORDINANCE Be it ordained by the City Council of the City of Beverly as follows: Chapter 4 of the Revised Ordinances of the City of Beverly is further amended by the following: By deleting Sec. 4-26 (e) in its entirety and substituting therefore: (e) (1)From and including Memorial Day to and including Labor Day of each year, dogs will be permitted in Lynch Park (excluding Gardens, beaches, playing fields, and playground equipment areas) only between the hours of 6:00 a.m. to 7:45 a.m. (e) (2) From and including Memorial Day to and including Labor Day of each year, dogs will be permitted in any other City Park (excluding Gardens, beaches, playing fields, and playground equipment areas) only between the hours of 7:30 p.m. to 8:00 a.m. 88 By deleting from Sec. 4-27(b) (1) and (2) and substituting therefore: (1) Spayed/neutered dogs: $15.00 (2) Unaltered Dogs: $25.00 (3) Dogs Declared Dangerous: $50.00 (4) Late fee for License Renewals Applied for After April 15: $10.00 By amending Sec. 4-28(c) to read: “subject to a fine of fifty dollars ($50.00) for a first offense, seventy-five dollars ($75.00) for a second offense, and one hundred dollars ($100.00) for a third or any subsequent offense.” and by further striking from Sec. 4-28(c) the entire last sentence of said section beginning with the word “Notwithstanding” to the end of such sentence/section. By deleting from Sec. 4-28(d) the words “five dollars ($5.00)” and substituting therefore the words “fifteen dollars ($15.00)” Referred to Legal Affairs and Accounts Communications, Applications and Petitions: #174 Petition Of Mass Electric for J. O. Pole and 2 4” pvc conduits on Edward Street Referred to Public Service and Aid #175 Application-Second Hand Junk Dealers License-Beverly Used Furniture, 282 Cabot Street Referred to Legal Affairs and Accounts #176 Application-Second Hand Junk Dealers License-M & Z Antiques, 260 Cabot Street Refer to Legal Affairs and Accounts #177 Application Class III MVDL, J & P Used Auto Parts, 25 Creek Street Refer to Legal Affairs and Accounts #178 Invitation to March in Beverly Veteran’s Council Memorial Day Parade on May 25, 2003. Receive and Place on File #179 Comm. from Comm. of Mass Office of District Attorney relative to Open Meeting Law and Beverly Airport Commission Refer to Legal Affairs and Accounts 89 #180 Application Limousine License-Robert MacKenzie, d/b/a New England Livery. 45 Dartmouth Street Refer to Legal Affairs and Accounts #181 Late File Invitation to March in M. J. Cadigan Post Memorial Day Parade, Sunday, May 26, 2003 Receive and Place on File Reports from Committees : #167 The Committee on Finance and Property to whom was referred the matter of appropriation to account Cox Court Improvements from Stop and Shop have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council of the City of Beverly hold a public hearing on Monday, May 19, 2003 at 7;50 PM in Council Chambers, 191 Cabot Street, Beverly MA relative to an appropriation to account Cox Court Improvements from Stop and Shop in the amount of one hundred fifty two thousand three hundred forty dollars and 22 Cents. First Passage: May 5, 2003 Public Hearing: May 19, 2003 Final Passage: May 19, 2003 8-0 Vote Order read once and adopted #127 The Committee on finance and Property to whom was referred the matter of North Shore Regional Vocational School District proposed FY 04 Budget have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #147 The Committee on Finance and Property to whom was referred the matter of Reduction in budget have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #150 The Committee on Finance and Property to whom was referred the matter of Communication from Beverly Golf and Tennis re increase in 2003 Green and Cart Fees and 10 Round Passes have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 90 Ordered: That the City Council approve the request of the Beverly Golf and Tennis Club to increase their Green and Cart Fees for the 2003 Golf Season and also the institution of a 10-round pass. 6-1 Troubetaris against Coughlin recused Order read once and adopted #151 The Committee on Finance and Property to whom was referred the matter of Proposed Order, Prop 2 ½ Debt Exemption for Schematic Drawings have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #153 The Committee on Finance and Property to whom was referred the matter of Communication relative to moving of Civil War Monument have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #59 The Committee on Legal Service and Aid to whom was referred the matter of Ordinance re Zoning-Signs have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year Two thousand and three An Ordinance Amending an ordinance entitled “Zoning” Section 25 Signs Be it ordained by the City Council of the city of Beverly as follows: : in its entirety, Section 29-25 Signs DELETE ADD: 29-25 SIGNS A. Signs, generally: Declaration of Policy: It is hereby declared to be the policy of the City of Beverly that the protection of property values, the protection of the character of the various neighborhoods in the City, the encouragement of the sound development of land throughout the City for its most appropriate use, and the protection of the public welfare in general requires strict limitation of all display signs in the City. It is the general policy of the City that the primary purpose of a sign is for the identification of a business and not for advertisement. The design of the sign must respect and be compatible with the architecture of the building and surrounding buildings for which or upon which it is being erected. The intent of setting size, design, and location parameters for signs is not to promote the design of nearly identical signs, but to define limits within which applicants can be creative. Any sign placed on land or on a structure for the purposes of identification or protection of the same or for advertising a use conducted thereon shall be deemed to be accessory and incidental to such land, structure or use. All applications for a building permit to erect or alter any sign shall be reviewed by the Design Review Board. It is the 91 purpose of this ordinance to place such limitations on display of all such signs in order to achieve a sense of order and aesthetics, to promote attractive commercial areas and entrances to the City of Beverly, to provide for the display of signs which are structurally safe and do not interfere with traffic movement, traffic signals, or traffic signs; and to assure that the signs will be appropriate to the land, building or use to which they are appurtenant and be adequate, but not excessive, for the purpose of identification. With respect to signs identifying business uses, such regulations have been devised after considering, among other matters: shopping habits, extent of trade areas, and means of access to such uses, and are specifically intended among other things, to avoid excessive competition among sign displays in their demand for public attention. Upon the removal, closing, or change of ownership of any business, industrial operation, or establishment, in all cases including lessors or lessees, any nonconforming sign then existing on the premises of said operation or establishment shall be removed and any new sign erected by a succeeding operation or establishment shall be conforming. No establishment that has the grandfathered use of a non-conforming sign shall be allowed to transfer that use to another establishment or be allowed to use the sign to identify another establishment. Any exterior design features of a building or structure that are associated with a corporate image or identification of a business shall be considered a sign, or the extension of the area of a sign, and subject to regulation under this Ordinance. General guidelines: All signs must meet the following general guidelines regardless of zoning district and shall not violate the provisions of Section D: 1. The definitions for signs at 29-2(B) numbers 43(a)-(s) shall apply to this section. 2. Sign location: signs must be located so as not to detract from a building’s architecture. A sign shall not be placed such that it obscures the architectural elements such as roofs, cornices, columns, arches, windows, details, or other such building features or ornamentation. 3. Style and design of sign: lettering, shape, and color employed in a sign shall be compatible with the form, color, and materials of the building housing the establishment that the sign is identifying. Signs for different businesses within the same building, or for a collection of buildings including but not limited to those which form a shopping center shall be of harmonious style and design. 4. Sign message: given a sign’s primary purpose is identification, a sign’s message should clearly and simply identify a business. A sign may include lettering and symbols to indicate the name and the kind of primary business, service or facility conducted on the premises, and the year the business was established. The sign may include a street address. 5. Trademark: a sign may incorporate no more than one registered trademark, logo, or identifying symbol provided that the registered trademark, logo, or identifying symbol must be for an establishment only, not for a commodity or product sold by the establishment. The area of the registered trademark, logo, or identifying symbol shall be included in the calculation of the allowable area of the sign. 6. Illumination: Except as otherwise provided, signs may be illuminated either internally through the use of some sort of translucent materials (for example: individual letters, opaque, overhang) with lights behind or with neon tubing or externally through mounting of incandescent or fluorescent lamps directed at the sign on the building. The type of illumination employed shall not distract from the building’s architecture. Colored lighting, open flame, or bare bulbs shall not be used. 7. No sign or any portion of any sign, shall be allowed to have changeable messages, except those signs belonging to: theaters, places of worship, non-profit educational entities. 8. In the case of any inconsistencies among the provisions of this Section 29- 25, the most restrictive provisions shall apply. B. Specific standards by zoning district: 1. Signs permitted in any CG, CC, IR, or IG district: 92 a. Wall sign: One (1) permanent wall sign shall be permitted for each ground floor business' primary façade that face(s) a public way. The maximum size of the sign shall be determined as follows: (i) For businesses with up to 30 feet of primary facade: 20 square feet; (ii) For businesses with a primary façade between 30 feet and 40 feet: 30 square feet; (iii) For businesses where the primary façade is greater than 40 feet in length, the allowed size of the sign shall be determined by a formula that, described in general terms, compares the length of the primary façade, expressed as a square footage number, with a distance between the business and a public way. The size is determined as follows: (a) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 0 foot but not greater than 20 feet, the maximum sign area shall be the lesser of either 25 s.f. or two times the length of the primary façade (that is, the length of the primary façade expressed as a square footage number); (b) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 20 feet, but not greater than 40 feet, the maximum sign area shall be the lesser of either 30 s.f. or two times the length of the primary façade (that is, the length of the primary façade expressed as a square footage number); (c) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 40 feet but not greater than 80 feet, the maximum sign area shall be the lesser of either 60 s.f. or two times the length of the primary façade (that is, the length of the primary façade expressed as a square footage number). For example, if the primary façade of this building is 50 feet long, then the sign could be no larger than 60 square feet. [60 s.f. is less than 2 x 50 (the length of the primary façade) = 100 s.f. (d) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 80 feet, the sign shall be the lesser of either 150 s.f. or two times the length of the primary façade (that is, the length of the primary facade expressed as a square footage number). For example, if the primary façade of this building is also 50 feet long, then the sign could be no larger than 100 square feet. [100 s.f. (2 x 50, the length of the primary façade) = 100 is less than 150 s.f.] All signs must be placed in the building’s sign band, if one exists and the sign must be placed so it does not obscure architectural detail of the building. If a building does not have a sign band, then the top of any sign shall be no higher than the middle of the sills of the second story windows or fifteen feet above grade, whichever is lower. Wall signs shall project no more than twelve (12) inches out from the building. Mounting hardware shall be placed to minimize its view from the sidewalk. b. Freestanding sign: No freestanding sign shall be permitted in the CC, CG, IR, & IG districts except in the cases where: Single Building with a Single Business: A single building has only one business and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 75% of the building is obscured by topography (ledge, hills, valleys). In this case, one (1) freestanding sign up to ten (10) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Single Building with Several Businesses: A single building has two or more businesses and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 93 75% of the building is obscured by topography (ledge, hills, valleys). In this case, one freestanding sign up to thirty (30) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Several Buildings with several businesses: Several buildings have, in the aggregate, more than two businesses (e.g. without limitation, retail shopping center, business office park, consisting of wholesale, manufacturing, or service businesses) and lacks visibility from the street because all buildings are situated more than 200 feet from the front lot line, or more than 75% of all buildings are obscured by topography (ledge, hills, valleys). In this case, one freestanding sign up to thirty-five (35) square feet in area is allowed. The top of the sign shall be no higher than 15 feet above grade, have no more than 2 faces, shall not overhang a public way, and shall not be more than twelve (12) inches deep. Freestanding signs for single buildings with several businesses and for several buildings with several businesses shall employ a sign that gives the place name of the set of businesses as one entity or by one name (e.g. “North Beverly Plaza” or “Cummings Center” and may include the street address within the square foot area allowed for the sign. c. Window signs: Upper floor and ground floor uses: One (1) sign is permitted per business provided it does not cover any more than the lesser of: 1. twenty (20) percent of the window opening in which the sign is located; 2. maximum of ten (10) square feet. Such signs must be individual letters affixed or painted in a single window opening (see definition). d. Awning signs: One (1) awning sign is permitted for each ground floor use provided that letters are painted on or integral to awning fabric, are in a maximum of one (1) line and are no larger than six (6) inches in height. No internally illuminated awning signs are allowed. e. Temporary signs: Temporary exterior signs are allowed as follows: 1. An application must be filed with the Building Inspector; 2. The application must state text and time period when the sign will be displayed; 3. Only one sign is allowed at a time per business; 4. The sign shall be displayed no longer than fourteen (14) consecutive days; and 5. No other temporary sign can be applied for until a 21-day no-sign period has passed since the last temporary sign was displayed. The provisions of this subsection (e) shall not apply to retail businesses from November 15 to January 15. f. Gasoline filling station signs: Gasoline filling stations shall be allowed the following three types of permanent signs: a primary façade sign, a canopy sign, and a gasoline price sign, provided however that such signs shall meet all of the other requirements of Section 29, in addition to those set forth is this subsection. 1. Canopy Signs. Up to two (2) canopy signs are permitted for each gasoline filling station, provided that they are each a maximum of one (1) line, not greater than twelve (12) inches in height and not longer than six (6) feet. Identifying symbols (logo, trademark, etc.), if any, shall be considered part of the canopy sign when calculating the 94 maximum allowed size. No internally illuminated canopy signs are allowed. 2. Gasoline Price Signs. In addition to signs specified in this section and pump signs specifically allowed in Section 29-25C, gasoline filling stations are also permitted one non-illuminated gasoline price sign not to exceed nine (9) square feet. All letters and numbers shall not exceed 8 inches in height. The bottom of the gasoline price sign shall not exceed 8 feet higher than grade. The calculation of the maximum size of a gasoline filling station price sign shall include the gasoline prices, the company name, if any, and all identifying symbols (logo, trademark, etc.) if any. No business establishment that includes a gasoline filling station shall be allowed more than one gasoline price sign. The gasoline filling station price sign shall have no more than two (2) faces. All signs for the retail sale of food (whether prepackage or prepared on the premises under a separate business name) and accessory items associated with automobile maintenance and use shall be included in the maximum allowed signage calculations for gasoline filling stations. See also Gasoline pump signs (see Section 29-25 – C13) g. Residential Project Signs: Sign may not exceed twenty (20) square feet in area and six (6) feet in height, and may give the place name of a multiple-family dwelling complex or single-family subdivision. 2. Signs permitted in any CN, HD, or WD district: a. Wall sign: One (1) permanent wall sign not to exceed a maximum of twenty (20) square feet is permitted for a ground floor use’s primary façade. All signs must be place in the building’s sign band if one exists and the sign must be placed so it does not obscure architectural detail of the building. If a building does not have a sign band, then the top of any sign shall be no higher than the bottom of the sills of the second story windows or fifteen feet above grade, whichever is lower. The sign shall project no more than nine (9) inches out from the building. Mounting hardware shall be placed to minimize its view from the sidewalk. Lighted signs may only be externally illuminated. b. Freestanding sign: No freestanding sign shall be permitted in the CN, HD, or WD districts except in the cases where: Single Building with a Single Business: (1) A single building has only one business and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 75% of the building is obscured by topography (ledge, hills, valley). In this case one (1) freestanding sign up to ten (10) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Single Building with Several Businesses: (2) A single building has two or more businesses and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 75% of the building is obscured by topography (ledge, hills, valleys). In this case, one freestanding sign up to twenty (20) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Several Buildings with Several Businesses: (3) Several buildings have, in the aggregate, more than two businesses (e.g. without limitation, retail shopping center, business office park, consisting of wholesale, manufacturing, or service business) and lack visibility from the street because all buildings are situated more than 200 feet from the front lot line, or more than 75% of all buildings are obscured by topography (ledge, 95 hills, valleys). In this case, one freestanding sign up to twenty-five (25) square feet in area is allowed. The top of the sign shall be no higher than 15 feet above grade, have no more than 2 faces, shall not overhang a public way, and shall not be more than twelve (12) inches deep. Freestanding signs for single buildings with several businesses and for several buildings with several businesses shall employ a sign that identifies the set of businesses as one entity or by one name (e.g. “North Beverly Plaza” or “Cummings Center”) and may include the street address within the square foot area allowed for the sign. c. Window signs: 1. Upper floor uses: One (1) sign (up to 3 s.f. in size) is permitted per business. Illuminated signs are not permitted. 2. Ground floor uses: One (1) sign is permitted per business provided it does not cover more than the lesser of: (a) twenty (20) percent of the window opening in which the sign is located; or (b) a maximum of six (6) square feet; Such signs must be individual letters affixed or painted in a single window opening (see definition). d. Awning signs: One (1) awning sign is permitted for each ground floor use provided that letters are painted on or integral to awning fabric, are a maximum of one (1) line and are no larger than six (6) inches in height. No internally illuminated awning signs are allowed. e. Temporary signs: Temporary signs are allowed as follows: 1. An application must be filed with the building inspector; 2. The application must state text and time period when the sign will be displayed; 3. Only one sign is allowed at a time per business; 4. The sign shall be displayed no longer than fourteen (14) consecutive days; and 5. No other temporary sign can be applied for until a 21-day no-sign period has passed since the last temporary sign was displayed. The provisions of this subsection (e) shall not apply to retail businesses from November 15 to January 15. f. Gasoline filling station signs: Gasoline filling stations shall be allowed the following three types of permanent signs: a primary façade sign, a canopy sign, and a gasoline price sign, provided however that such signs shall meet all of the other requirements of Section 29, in addition to those set forth is this subsection. 1. Canopy Signs. Up to two (2) canopy signs are permitted for each gasoline filling station, provided that they are each a maximum of one (1) line, not greater than twelve (12) inches in height and not longer than six (6) feet. Identifying symbols (logo, trademark, etc.), if any, shall be considered part of the canopy sign when calculating the maximum allowed size. No internally illuminated canopy signs are allowed. 2. Gasoline Price Signs. In addition to signs specified in this section and pump signs specifically allowed in Section 29-25C, gasoline filling stations are also permitted one non-illuminated gasoline price sign not to exceed nine (9) square feet. All letters and numbers shall not exceed 8 inches in height. The bottom of the gasoline price sign shall not exceed 8 feet higher than grade. The calculation of the maximum size of a gasoline filling station price sign shall include the gasoline prices, the company name, if any, and all identifying symbols (logo, trademark, etc.) if any. No business 96 establishment that includes a gasoline filling station shall be allowed more than one gasoline price sign. The gasoline filling station price sign shall have no more than two (2) faces. All signs for the retail sale of food (whether prepackage or prepared on the premises under a separate business name) and accessory items associated with automobile maintenance and use shall be included in the maximum allowed signage calculations for gasoline filling stations. See also Gasoline pump signs (see section 29-25 – C-13). Residential Project Signs: Signs may not exceed twenty (20) square feet in area and six (6) feet in height, and may give the place name of a multiple-family dwelling complex or single-family subdivision. C. Signs Not Requiring Design Review Board Approval The following signs shall be allowed by right without the necessity of DRB approval provided, however, that they shall conform with the provisions of Paragraph A of this Section 29-25. 1. Signs erected by or on the order of a governmental agency when limited to governmental purposes, and excluding any advertising; 2. Names of building, date of erection, monument citation and commemorative tablets when made a permanent and integral part of a building or site not exceeding five (5) square feet. 3. Banners or flags emblematic of or issued by national, state, or local governments; 4. Holiday decorations and lights when in season; 5. Signs not to exceed two (2) square feet in size which indicate warnings, hazards, or public conveniences such as “trespass,” “beware of dog,” and restroom signs; 6. Signs not to exceed two (2) square feet in size which are necessary for safety and direction of residents, employees, customers and visitors, whether in a vehicle or on foot provided that such signs do not carry the name or symbol of any product and that the name or symbol of any business does not take up more than 30% of the sign space; 7. Signs whose purpose is to identify a house of worship or a community building, provided that the sign does not exceed 12 square feet in size and is not internally illuminated; 8. Signs not to exceed two (2) square feet in size whose purpose is giving only direction and distance to specified house of worship; community buildings, provided that no such sign shall be illuminated; 9. Home signs, not to exceed two (2) square feet in size which indicate the name and address of the occupant(s) of a dwelling; 10. A sign, not to exceed (2) two square feet, which indicates a permitted accessory use or home occupation; 11. One (1) temporary sign, not to exceed six (6) square feet in all residential districts or twenty-four (24) square feet in all other districts, which announces the prospective sale, rent, lease, or trade of, or contracting work done on, the property. Such sign shall be removed within three (3) days after the sale, rental, lease, trade, or completion of work on such premises; 12. Directory boards attached to buildings shall be allowed for the sole purpose of directing the public to and identifying the location of occupants or tenants within a building(s), provided that the letters in directory boards shall not exceed one (1) inch in height; and the total sign area shall not exceed three (3) square feet; 13. One sign on the gasoline pump indicating the types and prices of gasoline provided the sign shall not exceed one square foot; 14. Temporary window signs on the first floors of nonresidential buildings provided they do not exceed the smaller of six square feet or 20 percent of the area of the window (see definition of sign area) and are up no longer than 14 days. D. The Following Types of Signs are Prohibited 1. Any sign displaying flashing or intermittent lights, or lights of changing degrees of intensity, except a sign indicating time or temperature, with 97 changes alternating on not less than a five-second cycle when such time or temperature sign does not constitute a public safety or traffic hazard, in the judgment of the Building Inspector and the judgment of the Design Review Board. 2. Any lighting either by exposed tubing or string of lights outlining a part or all of a building or affixed to any ornamental feature thereof, except those items temporarily affixed to a building or other portions of the premises which denote a particular season of the year or universally celebrated holiday. 3. Any sign that obscures a sign displayed by public authority for the purpose of giving traffic instructions or directions or other pubic information. 4. Any sign that uses the word “stop” or “danger” or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger, or which is a copy or imitation of, or which for any reason is likely to be confused with any sign displayed by public authority. 5. Any sign that obstructs light or impedes a person’s passage through any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress, or egress for any building, as required by law. 6. Any sign or sign illumination that causes any direct glare into or upon any street, or into or upon any building other than the building to which the sign is affixed. 7. Any portable sign, with or without self-contained wheels, which is designed and constructed so as not to be permanently affixed to the land (namely, freestanding) and moved from one place or location to another. This includes any removable signs displayed on a vehicle. 8. Any sign that violates any provision of any law of the State relative to outdoor advertising. 9. Signs constructed, erected or maintained above the roofline of any building, except with Design Review Board approval. 10. Any off-premises sign, such as a billboard, which indicates a use or product not available on the property where the sign is located. 11. Any sign which advertises or calls attention to any products, businesses, or activities, which are no longer sold or carried on at the premises where the sign is located. No such sign shall remain for more than thirty (30) days beyond the date the business vacates said premises. Both the landlord and the lessee shall be individually responsible for removing such signs. 12. Any right angle wall sign that project more than four (4) feet from a building face or wall; 13. Any sign, which due to its placement obscures the visibility of motor vehicles thus creating a traffic hazard. 14. Any sign not expressly permitted by this ordinance. E. Permit Requirements and Design Review Process Except as provided for in Section 29-25C of this ordinance, no sign shall be erected, or existing sign altered in any way without review and approval by the Design Review Board and without issuance of a building permit as required by the Building Inspector. All such signs shall be subject to the following design review process: Application: the applicant shall submit to the Design Review Board seven (7) copies of the application form describing the design of the proposed sign along with a colored drawing of the sign to scale, a site plan, if applicable, and a photograph showing the existing building or site, and such other material as may be required by the Design Review Board. The submittal of the application shall be in form and format as specified by the Design Review Board. The Board may revise such application requirements, as necessary, from time to time. Design Review application fees: the applicant shall submit to the Design Review Board the application form, other required materials and the application fee identified below: a. For signs and canopies: $2.00 per square foot; and b. For new building construction: $100.00 1. Design Review Board decision: within sixty (60) days of the receipt of the application including all required materials, the Design Review Board shall either approve or disapprove the application. It is suggested that the applicant be present at the meeting. Should the Board fail to take action 98 within sixty (60) days after receiving application, the requested sign shall be deemed approved by the Design Review Board. 2. Sign permit: upon notice of approval from the Design Review Board, the applicant may apply for a sign permit for the proposed signage from the Building Inspector. In keeping with Section 29-5(M) of the City’s Zoning Ordinance, and in recognition of the difficulty in regulating the use of all types of signs within the City, the Design Review Board shall also be assigned the following duties: (a) The Design Review Board shall approve or disapprove all signs proposed now or hereafter within the City of Beverly which are not expressly allowed by right by this ordinance. In approving or disapproving any particular sign not expressly allowed by this ordinance, the Design Review Board shall take into consideration the following: i) the zoning district, the uses existing in the area, and the general character of the area; ii) the economic and business interests of the party having erected or proposing to erect the sign; iii) the aesthetic appearance of the sign and its overall effect on the surrounding area, including ensuring that the sign is consistent with the general policy and adheres to the design guidelines as defined in Section 25-29(A) of this ordinance. (b) The Design Review Board shall not approve the erection of any sign expressly prohibited by this ordinance, other City ordinance, or the building code of the Commonwealth of Massachusetts. F. Maintenance and Enforcement All signs and their devices supporting them shall be kept in good repair and safe condition. This shall mean the absence of rust, broken or dangling parts, and cracked, peeling, and flaking paint. The Building Inspector or a designee is authorized to order the repair or removal of any sign and its supporting structure which in the judgment of the Building Inspector is deemed unsafe, in disrepair, or which is erected or maintained contrary to the provisions of this ordinance. Any person, firm or corporation violating any section or provision of this ordinance which pertains to signage shall be issued a warning and be given fourteen (14) days to comply. If a violation continues unabated past such time a citation with a fine of one hundred dollars ($100.00) shall be issued for each day willful violation continues. The Building Inspector or a designee shall be responsible for issuing such warnings and citations for such violations of the provisions of this ordinance and for enforcing the provisions of this section. 8-0 Vote Order read once and held for final passage as per Charter Provisions #154 The Committee on Legal Affairs and accounts to whom was referred the matter of Application for Second Hand Junk Dealers License, the Curiosity Shop, have considered said matter and beg leave to report as follows, to wt: Recommend the License be Granted 8-0 Vote Order read once and adopted #156 The Committee on Legal Affairs and Accounts to whom was referred the matter of Class II MVDL Cobblestone Vintage Motors have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted 8-0 Vote Order read once and adopted 99 #173 The Committee on Legal Affairs and Accounts to whom was referred the matter of amendment to the Dog Ordinance have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Ordinance and recommend its adoption In the year two thousand and three An Ordinance amending an ordinance entitled Animals and Parks and Recreation Be it ordained by the City Council of the City of Beverly as follows: Chapter 4 of the Revised Ordinance of the City of Beverly is further amended by the following: DELETE: Sec 4-26 (e) in its entirety ADD: (e) (1) From and including Memorial Day to and including Labor Day of each year, dogs will be permitted in Lynch Park (excluding Gardens, beaches, playing fields and playground equipment areas) only between the hours of 6:00 am and 7;45 PM (e) ( 2) From and including Memorial Day to and including Labor Day of each year, dogs will be permitted in any other City Park (excluding Gardens, beaches, playing fields and playground equipment areas) only between the hours of 7:30 pm to 8:00 am By deleting from Sec. 4-27 (b) (1) and (2) and substituting therefore: 1. Dogs $15.00 2. Dogs declared dangerous $50.00 3. Late fee for License Renewals applied for after April 15: $10.00 By amending Sec 4-28 ( c ) to read: Subject to a fine of fifty ($50.00) for a first offense, seventy-five dollars ($75.00) for a second offense, and one hundred dollars ($100.00) for a third or any subsequent offense. And by further striking from Sec 4-28 (c) the entire last sentence of said section beginning with the word “Notwithstanding” to the end of such sentence/section. By deleting from Sec. 4-28(d) the words five dollars and substituting therefore the words fifteen dollars 8-0 Vote Ordinance read once and held for final passage as per Charter Provisions #70 The Committee on Public Service and Aid to whom was referred the matter of Request for blinking red light at River and School Streets have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Electrician do an estimate for the procurement and installation of a red blinking ground based traffic light on the corner of River and School Streets. 8-0 Vote Order read once and adopted #88 The Committee on Public Service and Aid to whom was referred the matter of Communication re Cable TV have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted 100 #140 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Commission on Disabilities, have Norman Ganley and Robert Nelson considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointments 8-0 Vote Order read once and adopted #142 The Committee on Public Service and Aid to whom was referred the matter of Appointment- Youth Activities Commission – have considered said matter Jerry Parisella and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 8-0 Vote Order read once and adopted #143 The Committee on Public Service and Aid to whom was referred the matter of Appointment Parks and Recreation Commission have Gary Lambert and Jack O’Neil considered said matter and beg leave to report as follows, to wit: Recommend approval of the appointments 8-0 Vote Order read once and adopted #144 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Lynch Public Parks Fund, Board of Trustees have considered Rosalie Kerr said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 8-0 Vote Order read once and adopted #145 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Solid Waste Management Commission have considered said Charles Perlo matter and beg leave to report as follows, to wit; Recommend the Council approve the Appointment 8-0 Vote Order read once and adopted #149 The Committee on Public Service and Aid to whom was referred the matter of Communication from Parks and Recreation re Schools as Public Facilities have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted 101 #162 The Committee on Public Service and Aid to whom was referred the matter of Petition of Keyspan for a Gas Main in Chipman Road have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be granted 8-0 Vote Order read once and adopted Resolutions: Unfinished Business: #40 Ordinance Animals and Parks and Recreation re Dogs #85 Ordinance Sealer of Weights and Measures Fee Schedule #124 Ordinance MV & T No Parking This Side-Pickett Court Motions and Orders: #182 By Councilor Murray: Ordered: The Beverly City Council is aware that under the current laws of the Commonwealth of Massachusetts the superintendent of schools has the sole authority and responsibility to hire and fire school principals within his or her district. The members of the Beverly City Council; therefore, take this means to respectfully request Superintendent William Lupini reconsider his inappropriate, ill-timed and misguided decision to end William Foye’s tenure at Beverly High School Principal on June 30, 2003. We make this request as duly elected members of the Beverly City Council representing the residents we serve, but most importantly, on behalf of the current and future students, faculty and parents of Beverly High School Students. 7-0 Vote Council Flaherty Amended-Delete Inappropriate, Ill-timed and misguided recused Order as amended 7-0 Vote Councilor Flaherty recused #183 By Councilor Guanci: Ordered: That the Mayor, City Council and Harbor Management Authority meet with the Army Corp. of Engineers regarding movement of the Federal Channel. Referred to Committee of the Whole Meeting adjourned: 9:35 PM Frances A. Macdonald, CMC City Clerk 102