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2004-06-076:50 PM #191 Public Hearing-Trans. To Acct. Various Salary Lines Refer to Finance and Property 7:00 PM #184 Public Hearing-Ordinance re Trash Fee Refer to Legal Affairs and Accounts Regular Meeting of Beverly City Council 8:00 PM June 7, 2004Regular Meeting of Beverly City Council 8:00 PM June 7, 2004 Roll Call Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy : Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci. Pledge of Allegiance to the Flag : Led by Councilor Costa Moment of Silence for former President Regan Mayor Scanlon-presentation of FY 2005 Budget-Read cover letter Appointments: Acceptance of Minutes of Previous Meeting: Meeting of May 17, 2004 Communications from His Honor the Mayor : #209 June 7, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I would like this evening to formally present your Honorable Council with the FY2005 Budget and as such will read aloud my budget message (copy attached). Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #210 June 7, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property owned by Mrs. Mary Bucco, 8 Virginia Avenue, Beverly, MA. Also attached is a communication from Community Development Manager, William O’Hare, concerning this request. 106 Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #211 June 7, 2004 Honorable City Council City hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the two attached Subordination Agreements for property owned by Mr. and Mrs. John Tilas, 35 Cabot Street, Beverly, MA. Also attached are two communications from Community Development Manager, William O’Hare, explaining the reasons for this request. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #212 June 7, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The attached memo from Finance Director John Dunn describes the need to transfer $1,264,470 from Free Cash to the School Department. This transfer has been anticipated and much of it will be temporary. Please set the necessary Public Hearing to allow us to effect this transfer. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #213 June 7, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As per the attached memo from Finance Director John Dunn, please increase the appropriation for the previously approved High School Boiler project by $230,000 to a total of $480,000. Our recommendation is to hereby request a transfer of the funds from the High School Renovation Project to the High School Boiler Project. Very truly yours, 107 William F. Scanlon, Jr. Mayor Refer to Finance and Property #214 June 7, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council waive the Residency Requirement for Planning Board Member, Daniel P. Hamm, as requested on the attached communication from Planning Director, Tina Cassidy. Very truly yours, William F. Scanlon, Jr. Mayor 9-0 Vote Letter read once and adopted #215 June 7, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request the interdepartmental transfers in the Fiscal 2004 General Fund in the amount of $386,880 as per the attached memo from Finance Director, John Dunn. Please schedule a Public Hearing on the transfers at your earliest convenience. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #216 June 7, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: At the recent joint meeting of the School Committee and the City Council it was agreed to develop a mutually acceptable joint resolution to demonstrate our desire to get the High School off of facilities related probation. To that end I offer the draft proposed resolution prepared by Judith Cronin and Paul Guanci for your review and consideration. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property 108 #217 June 7, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Please increase the authorization for the Beverly Farms Library as per the attached memo from John Dunn. Please note that no additional city funds are being expended as a result of your actions. Please set a Public Hearing at your earliest convenience. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Finance and Property #218 June 7, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: It is in the interest of Beverly to be able to choose the less expensive fuel (oil vs. natural gas) to use for heating in our schools. As per the Capital Project Plan the amount of $500,000 is requested to complete the dual fuel burning capability at all the elementary schools and Beverly High School. Had this capability existed last winter a return on investment of 35% would have been enjoyed. These changes will allow us to always benefit from the less expensive fuel. It is recommended that the funds needed to finance this project be transferred from the balance of $627,000 in North Beverly Addition and Renovation Account to account School Boiler Conversion Account. Said sum of money to be expended under the direction of the standing Building Commission. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #219 June 7, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Please take steps to approve an appropriation of Fifty Thousand Five Hundred Ninety Dollars ($50,590) which will fund the completion of work on the Gurnard site at the airport using existing UDAG funds. The attached letter from John Dunn fully explains the situation. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property 109 Communications from other City Officers and Boards #220 May 21, 2004 Mayor William F. Scanlon City Hall Beverly, MA. 01915 Dear Mayor Scanlon: Please be advised that the Beverly Contributory Retirement Board will vote on June 24, 2004 a cost of living increase to our retirees. The board at its own discretion may grant up to 3% on the first $12.000.00 of a retirees pension, with a maximum increase of $360.00 per year. Sincerely, Ann M. Fournier, Retirement Administrator, Beverly Retirement Board Refer to Finance and Property #161A May 19, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, RE: Recommendation from Planning Board-Zoning Amendments to Definition of “LOT” and “FRONTAGE”, insertion of provisions for projecting signs, and correction of scrivner’s error in Planned Residential development Provisions Dear Members of the Board: At the Planning Board’s Special Meeting on May 17, 2004, which immediately followed the Joint Public Hearing on the above-referenced Zoning Amendment, members discussed the above-referenced Zoning Amendments. Following the discussion, members of the Planning Board voted (7-0) to recommend to the City Council that Council Order #161 BE ADOPTED. Sincerely, Richard Dinkin, Chairperson Receive and Place on File Communications, Applications and Petitions: #221 Communication from Town of Danvers to waive payment of In-Lieu-of-Tax fee assessed to the City of Beverly in conjunction with the operation of the Airport. Receive and Place on File #222 City Taxi of Beverly request to be on agenda for next Council Meeting to discuss an increase in Taximeter rates. Refer to Legal Affairs 110 #223 Application for Waterways License-Richard H. Gagne Refer to Legal Affairs #224 Claim-Michael Portnoy (Pothole) Receive and Place on File Refer to City Solicitor #225 Comm. from Archdiocese of Boston relative to the closing of parishes in Beverly. Receive and Place on File #226 Comm. re US Patriot Act. Receive and Place on File Reports from Committees: #121 The Committee on Finance and Property to whom was referred the matter of request for Finance Director and School Business Manager to meet have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #191 The Committee on Finance and property to whom was referred the matter of Transfers, Various Salary Accounts have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request of the Mayor for the following transfers to various salary accounts in the amount of Thirty Three Thousand Five Hundred Seventeen Dollars and Eighty Two Cents ($33,517.820 from Administrative Assistant, Early Retirement, Reserve for Unforeseen and HR Administrator. TO Mayor 11211 51102 $6,965.98 Mayor’s Secretary 11211 51127 $2,599.45 Finance Director 11351 51105 $6,626.62 Solicitor 11511 51105 $3,038.42 Procurement Officer 11521 51611 $2,306.87 HR Director 11531 51105 $5,243.83 Planner 11751 51105 $6,736.65 TOTAL $33,517.82 FROM Admin. Assistant 11211 52230 $16,760.10 Early Retirement 11211 51512 $ 4,389.35 Reserve Unforeseen 11324 57820 $ 4,576.75 HR Administrator 11531 51115 $ 7,791.62 TOTAL $33,517.82 111 First Passage: May 17, 2004 Public Hearing: June 7, 2004 Final Passage June 7, 2004 9-0 Vote Order read once and adopted #193 The Committee on Finance and Property to whom was referred the matter of request for increase in fees Municipal Lien Certificates and acceptance of MGL Ch 40, Sec. 22F re local option law relating to fee increases have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council of the City of Beverly accept Mass. General Law, Chapter 40, Section 22F which is a local option law relating to fee increases. And be it further ordered that the fee for a Municipal Lien Certificate be increased from $25.00 to $50.00. 9-0 Vote Order read once and adopted #209 The Committee on Finance and Property to whom was referred the matter of the FY2005 Budget have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council will hold a Public Hearing on Monday, June 21, 2004 at 7:30 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative to the FY 2005 Budget. First Passage: June 7, 2004 Public Hearing: June 21, 2004 Final Passage: June 24, 2004 9-0 Vote Order read once and adopted #212 The Committee on Finance and Property to whom was referred the matter of Beverly Public Schools Appropriation from Free Cash have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council will hold a Public Hearing on Monday, June 21, 2004 at 7:30 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA, relative to Beverly Public Schools Appropriation from Free Cash in the amount of one million two hundred sixty four thousand four hundred and seventy ($1,264,470) First Passage: June 7, 2004 Public Hearing: June 21, 2004 Final Passage: June 21, 2004 9-0 Vote Order read once and adopted #213 The Committee on Finance and Property to whom was referred the matter of Beverly High School Boiler Project have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 112 Ordered: That the City Council will hold a Public Hearing on Monday, June 21, 2004 at 7:05 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA, relative to Beverly High School Boiler Capital Project transfer from High School Renovation project to High School Boiler Project in the amount of two hundred thirty thousand dollars ($230,000) First Passage: June 7, 2004 Public Hearing: June 21, 2004 Final Passage: June 21, 2004 9-0 Vote Order read once and adopted #217 The Committee on Finance and Property to whom was referred the matter of Beverly Farms Library Capital Project have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council will hold a Public Hearing on Monday, June 21, 2004 at 7:15 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA, relative to increasing the authorization for the Beverly Farms Library renovation Project by one Hundred Fifty Thousand Dollars ($150,000) First Passage: June 7, 2004 Public Hearing: June 21, 2004 Final Passage: June 21, 2004 9-0 Vote Order read once and adopted #218 The Committee on Finance and Property to whom was referred the matter of Beverly High School-Duel Fuel burning capabilities have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council will hold a Public Hearing on Monday, June 21, 2004 at 7:00 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA, relative to transfer from North Beverly Addition and Renovation Account to account School Boiler Conversion Account in the amount of Six hundred twenty seven thousand dollars ($627,000) First Passage: June 7, 2004 Public Hearing: June 21, 2004 Final Passage: June 21, 2004 9-0 Vote Order read once and adopted #219 The Committee on Finance and Property to whom was referred the matter of Clean-Up Beverly Airport Gurnard Site have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council will hold a Public Hearing on Monday, June 21, 2004 at 7:10 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA, relative to Gurnard Site Clean-Up appropriation in the amount of fifty thousand five hundred ninety dollars ($50,590.00) First Passage: June 7, 2004 Public Hearing: June 21, 2004 Final Passage: June 21, 2004 113 9-0 Vote Order read once and adopted #105 The Committee on Legal Affairs to whom was referred the matter of Appointment- Design Review Board-Jane Brusca as Designee from Board of Appeals have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted #111 The Committee on Legal Affairs to whom was referred the matter of Ordinance Motor Vehicles and Traffic re parking Jordan and Snell Road have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year two thousand and four An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re two hour parking Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 126 (d) of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following: ADD: SEC.14-126. Two-hour parking (d) (e) No person shall park a vehicle for longer than two (2) hours, between the hours of 7:00 A. M. and 12 noon, Monday Through Friday, on Jordan St., westerly side, entire length, and Snell Road, both sides. Ordinance to take effect upon passage according to City Charter First Passage: May 17, 2004 Final Passage: June 7, 2004 9-0 Vote Order read once and held for final passage as per charter provisions #145 The Committee on Legal Affairs to whom was referred the matter of Application for Livery License-Express Limo have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #161 The Committee on Legal Affairs to whom was referred the matter of Zoning Ordinance change have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year two thousand and four An Ordinance amending an ordinance entitled Zoning Be it ordained by the city council of the city of Beverly as follows: 114 “FRONTAGE: The distance between either (1) the points of intersection of the side lot lines and the street right of way, measured along the street line, being an unbroken distance along the street; or (2) the points of intersection of the side lot lines and the rear line of the required front yard extended to the street right of way, being an unbroken distance along the rear line of the required front yard, whichever is smaller. For the purpose of this Ordinance, there shall be both rights of access and potential safe year round practical vehicular access, unimpeded by: Wetlands, unless a wetlands crossing has been approved by the 1. Conservation Commission; or Topography which prevents a proposed driveway from meeting the 2. requirements of Section 29-24.E.2.e. of this Ordinance, unless the Board of Appeals has granted an exception as provided in Section 29-27 of this Ordinance; or other natural or manmade barriers 3. between the frontage line and a potential building site. Only sufficient frontage on one of the following types of ways shall be recognized for zoning purposes: A. A public way or a way certified by the City Clerk that is maintained and used as a public way; B. A way shown on a plan approved and endorsed by the Beverly Planning Board in accordance with the Subdivision Control Law; or C. A way physically in existence when the Subdivision Control Law became effective in Beverly having, in the opinion of the Planning Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. When a lot is bounded by more than one street, any one of them, but only one, may be designated as the frontage street by the owner, provided that that street provides sufficient frontage as required by the Zoning Ordinance; however, in the case of a lot bounded by two streets forming an interior angle of more than one hundred and thirty-five degrees (135), their combined ° frontage between lot lines may be used to satisfy the lot frontage requirement. B.33. LOT: A parcel of land in identical ownership throughout of at least sufficient size to meet the minimum requirements of this Ordinance for use, frontage, coverage, and area and to provide required yards and other open space. The area of a lot is that area, in square feet or acres, enclosed by the lot lines of a single lot. In calculating the area of a LOT for purposes of determining such LOT’s conformance with the minimum requirements of the Zoning Ordinance (but not for any other dimensional calculations) no portion of such LOT shall be included which: is subject to an easement or right of way that is recorded (or shown on a (ii) plan that is recorded or to be recorded) and that serves property outside the LOT, or is subject to a restriction that by its terms prevents or prohibits the owner of (iii) such lot from making any substantial use of that portion of the LOT; but neither (i) or (ii) above shall apply to any easement, right of way or restriction that is for utility or conservation purposes or that is held by or generally open to governmental agencies or the public. SPECIAL DENSITY AND DIMENSIONAL REGULATIONS 29-23 115 Planned Residential Development (PRD) A. Purposes – To provide for innovative design and flexibility in residential 1. development, to provide for a mixture of housing types at certain locations; to provide for the economical installation and maintenance of streets and utilities; and to conserve open space and natural amenities. Use Regulations – In any R-90, R-45, R-22, R-15, RMD, and RSD District, 2. the Board of Appeals may permit by Special Permit a Planned Residential Development comprising a combination of the following uses: one-family dwellings, two-family dwellings, semi-detached dwellings, and multi-family dwellings, (rental or otherwise), public or private schools, public recreation and open space, fire stations, and other public facilities, and membership clubs for the exclusive use of residents of the PRD. Procedure – Application for Special Permit for a PRD shall be filed and 3. processed in accordance with Section 29-27 of this Ordinance, unless otherwise provided herein. Site Plan Review by the Planning Board is also required for PRD’s – see Section 29-28.C. of this Ordinance for procedures and filing requirements. The Board of Appeals shall not take final action on an application for PRD until it has received a report thereon from the Planning Board within 35 days or until said Planning Board has allowed 35 days to elapse without submission of a report. An approved site plan shall thereafter be subject to the requirements of the City of Beverly (Planning Board Rules and Regulations). Development Requirements – a PRD shall be subject to the 4. requirements for the district in which the project is located, except in the case of existing structures, and except where modified and supplemented as follows: Minimum lot area of a PRD shall be: a. Five (5) acres in the R-15 District; Seven (7) acres in the R-22 District; Ten (10) acres in the R-45 District; Twelve (12) acres in the R-90 District. There shall be no PRD’s in the R-6 or R-10 Districts. b. At least thirty percent (30%) of the gross area of the PRD shall be dedicated as permanent open space for the protection of natural drainage areas, the conservation of woodlands and other natural amenities, parks and recreation and other public natural uses described or shown on the Comprehensive Plan and Official Map of the City of Beverly. Upon recommendation of the Planning Board such open space shall be either: deeded to the City of Beverly for public use or conservation, subject to approval thereof by the Board of Aldermen; covenanted by the owner or developer with an association of residents of the PRD as permanent open space. If such space is retained in private ownership, as a condition in the granting of a Special Permit to permit the PRD, the owner or developer of the PRD shall establish a procedure for maintaining the open space in an orderly state. This dedicated open space shall not include parking areas or drives and shall not be within the minimum yard requirements for building in the particular zoning district. Lot requirements for one-family dwellings in a PRD may be c. reduced to not less than those dimensional requirements set forth in the next least restrictive “R” District in which the PRD is proposed. Maximum density in dwelling units per gross area of a proposed d. PRD shall be the same as allowed in that district for a single-family dwelling as set forth in the requirements for the zoning district in which the project is located. This density calculation shall exclude wetlands as defined by M.G.L. Chapter 131 as amended, and shall exclude any standing bodies of water. 116 The applicant will file a Request for Determination with the Beverly Conservation Commission at the same time as filing with the Special Permit Granting Authority to determine the wetland area of a lot. A PRD site at the time of application shall be served by both e. public water and sewer systems, such systems to be of sufficient capacity to accommodate increased density of development of the PRD as determined and approved by the Commissioner of public Works. The provisions of this paragraph may be waived by the Commissioner of Public Works. The provisions of this section are optional. The Planning Board or f. the Board of Appeals are not required to approve a PRD plan where it finds that, by increasing the density of the tract, the general area would be affected adversely by such action. 29-25 SIGNS Signs, generally: A. Declaration of Policy: It is hereby declared to be the policy of the City of Beverly that the protection of property values, the protection of the character of the various neighborhoods in the City, the encouragement of the sound development of land throughout the City for its most appropriate use, and the protection of the public welfare in general requires strict limitation of all display signs in the City. It is the general policy of the City that the primary purpose of a sign is for the identification of a business and not for advertisement. The design of the sign must respect and be compatible with the architecture of the building and surrounding buildings for which or upon which it is being erected. The intent of setting size, design, and location parameters for signs is not to promote the design of nearly identical signs, but to define limits within which applicants can be creative. Any sign placed on land or on a structure for the purposes of identification or protection of the same or for advertising a use conducted thereon shall be deemed to be accessory and incidental to such land, structure or use. All applications for a building permit to erect or alter any sign shall be reviewed by the Design Review Board. It is the purpose of this ordinance to place such limitations on display of all such signs in order to achieve a sense of order and aesthetics, to promote attractive commercial areas and entrances to the City of Beverly, to provide for the display of signs which are structurally safe and do not interfere with traffic movement, traffic signals, or traffic signs; and to assure that the signs will be appropriate to the land, building or use to which they are appurtenant and be adequate, but not excessive, for the purpose of identification. With respect to signs identifying business uses, such regulations have been devised after considering, among other matters: shopping habits, extent of trade areas, and means of access to such uses, and are specifically intended among other things, to avoid excessive competition among sign displays in their demand for public attention. Upon the removal, closing, or change of ownership of any business, industrial operation, or establishment, in all cases including lessors or lessees, any nonconforming sign then existing on the premises of said operation or establishment shall be removed and any new sign erected by a succeeding operation or establishment shall be conforming. No establishment that has the grandfathered use of a non-conforming sign shall be allowed to transfer that use to another establishment or be allowed to use the sign to identify another establishment. Any exterior design features of a building or structure that are associated with a corporate image or identification of a business shall be considered a sign, or the extension of the area of a sign, and subject to regulation under this Ordinance. General guidelines: All signs must meet the following general guidelines regardless of zoning district and shall not violate the provisions of Section D: 1. The definitions for signs at 29-2(B) numbers 43(a)-(s) shall apply to this section. 117 2. Sign location: signs must be located so as not to detract from a building’s architecture. A sign shall not be placed such that it obscures the architectural elements such as roofs, cornices, columns, arches, windows, details, or other such building features or ornamentation. 3. Style and design of sign: lettering, shape, and color employed in a sign shall be compatible with the form, color, and materials of the building housing the establishment that the sign is identifying. Signs for different businesses within the same building, or for a collection of buildings including but not limited to those which form a shopping center shall be of harmonious style and design. 4. Sign message: given a sign’s primary purpose is identification, a sign’s message should clearly and simply identify a business. A sign may include lettering and symbols to indicate the name and the kind of primary business, service or facility conducted on the premises, and the year the business was established. The sign may include a street address. 5. Trademark: a sign may incorporate no more than one registered trademark, logo, or identifying symbol provided that the registered trademark, logo, or identifying symbol must be for an establishment only, not for a commodity or product sold by the establishment. The area of the registered trademark, logo, or identifying symbol shall be included in the calculation of the allowable area of the sign. 6. Illumination: Except as otherwise provided, signs may be illuminated either internally through the use of some sort of translucent materials (for example: individual letters, opaque, overhang) with lights behind or with neon tubing or externally through mounting of incandescent or fluorescent lamps directed at the sign on the building. The type of illumination employed shall not distract from the building’s architecture. Colored lighting, open flame, or bare bulbs shall not be used. 7. No sign or any portion of any sign, shall be allowed to have changeable messages, except those signs belonging to: theaters, places of worship, non-profit educational entities. 8. In the case of any inconsistencies among the provisions of this Section 29- 25, the most restrictive provisions shall apply. B. Specific standards by zoning district: 1. Signs permitted in any CG, CC, IR, or IG district: a. Wall sign: One (1) permanent wall sign shall be permitted for each ground floor business' primary façade that face(s) a public way. The maximum size of the sign shall be determined as follows: (i) For businesses with up to 30 feet of primary facade: 20 square feet; (ii) For businesses with a primary façade between 30 feet and 40 feet: 30 square feet; (iii) For businesses where the primary façade is greater than 40 feet in length, the allowed size of the sign shall be determined by a formula that, described in general terms, compares the length of the primary façade, expressed as a square footage number, with a distance between the business and a public way. The size is determined as follows: (a) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 0 foot but not greater than 20 feet, the maximum sign area shall be the lesser of either 25 s.f. or two times the length of the primary façade (that is, the length of the primary façade expressed as a square footage number); (b) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 20 feet, but not greater than 40 feet, the maximum sign area shall be the lesser of either 30 s.f. or two times the length of the primary façade (that is, the length of the primary façade expressed as a square footage number); (c) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 40 feet but not greater than 80 118 feet, the maximum sign area shall be the lesser of either 60 s.f. or two times the length of the primary façade (that is, the length of the primary façade expressed as a square footage number). For example, if the primary façade of this building is 50 feet long, then the sign could be no larger than 60 square feet. [60 s.f. is less than 2 x 50 (the length of the primary façade) = 100 s.f. (d) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 80 feet, the sign shall be the lesser of either 150 s.f. or two times the length of the primary façade (that is, the length of the primary facade expressed as a square footage number). For example, if the primary façade of this building is also 50 feet long, then the sign could be no larger than 100 square feet. [100 s.f. (2 x 50, the length of the primary façade) = 100 is less than 150 s.f.] All signs must be placed in the building’s sign band, if one exists and the sign must be placed so it does not obscure architectural detail of the building. If a building does not have a sign band, then the top of any sign shall be no higher than the middle of the sills of the second story windows or fifteen feet above grade, whichever is lower. Wall signs shall project no more than twelve (12) inches out from the building. Mounting hardware shall be placed to minimize its view from the sidewalk. b. Freestanding sign: No freestanding sign shall be permitted in the CC, CG, IR, & IG districts except in the cases where: Single Building with a Single Business: A single building has only one business and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 75% of the building is obscured by topography (ledge, hills, valleys). In this case, one (1) freestanding sign up to ten (10) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Single Building with Several Businesses: A single building has two or more businesses and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 75% of the building is obscured by topography (ledge, hills, valleys). In this case, one freestanding sign up to thirty (30) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Several Buildings with several businesses: Several buildings have, in the aggregate, more than two businesses (e.g. without limitation, retail shopping center, business office park, consisting of wholesale, manufacturing, or service businesses) and lacks visibility from the street because all buildings are situated more than 200 feet from the front lot line, or more than 75% of all buildings are obscured by topography (ledge, hills, valleys). In this case, one freestanding sign up to thirty-five (35) square feet in area is allowed. The top of the sign shall be no higher than 15 feet above grade, have no more than 2 faces, shall not overhang a public way, and shall not be more than twelve (12) inches deep. Freestanding signs for single buildings with several businesses and for several buildings with several businesses shall employ a sign that gives the place name of the set of businesses as one entity or by one name (e.g. “North Beverly Plaza” or “Cummings Center” and may include the street address within the square foot area allowed for the sign. c. Window signs: Upper floor and ground floor uses: One (1) sign is permitted per business provided it does not cover any more than the lesser of: 1. twenty (20) percent of the window opening in which the sign is located; 2. maximum of ten (10) square feet. 119 Such signs must be individual letters affixed or painted in a single window opening (see definition). d. Awning signs: One (1) awning sign is permitted for each ground floor use provided that letters are painted on or integral to awning fabric, are in a maximum of one (1) line and are no larger than six (6) inches in height. No internally illuminated awning signs are allowed. e. Temporary signs: Temporary exterior signs are allowed as follows: 1. An application must be filed with the Building Inspector; 2. The application must state text and time period when the sign will be displayed; 3. Only one sign is allowed at a time per business; 4. The sign shall be displayed no longer than fourteen (14) consecutive days; and 5. No other temporary sign can be applied for until a 21-day no-sign period has passed since the last temporary sign was displayed. The provisions of this subsection (e) shall not apply to retail businesses from November 15 to January 15. f. Gasoline filling station signs: Gasoline filling stations shall be allowed the following three types of permanent signs: a primary façade sign, a canopy sign, and a gasoline price sign, provided however that such signs shall meet all of the other requirements of Section 29, in addition to those set forth is this subsection. 1. Canopy Signs. Up to two (2) canopy signs are permitted for each gasoline filling station, provided that they are each a maximum of one (1) line, not greater than twelve (12) inches in height and not longer than six (6) feet. Identifying symbols (logo, trademark, etc.), if any, shall be considered part of the canopy sign when calculating the maximum allowed size. No internally illuminated canopy signs are allowed. 2. Gasoline Price Signs. In addition to signs specified in this section and pump signs specifically allowed in Section 29-25C, gasoline filling stations are also permitted one non-illuminated gasoline price sign not to exceed nine (9) square feet. All letters and numbers shall not exceed 8 inches in height. The bottom of the gasoline price sign shall not exceed 8 feet higher than grade. The calculation of the maximum size of a gasoline filling station price sign shall include the gasoline prices, the company name, if any, and all identifying symbols (logo, trademark, etc.) if any. No business establishment that includes a gasoline filling station shall be allowed more than one gasoline price sign. The gasoline filling station price sign shall have no more than two (2) faces. All signs for the retail sale of food (whether prepackage or prepared on the premises under a separate business name) and accessory items associated with automobile maintenance and use shall be included in the maximum allowed signage calculations for gasoline filling stations. See also Gasoline pump signs (see Section 29-25 – C13) g. Residential Project Signs: Sign may not exceed twenty (20) square feet in area and six (6) feet in height, and may give the place name of a multiple-family dwelling complex or single-family subdivision. h. Projecting signs: Projecting signs shall project no more than four (4) feet from the facade of a building. Only one (1) projecting sign no larger than seven (7) square feet may be erected per business. Mounting hardware shall be placed to minimize its view from the sidewalk. Business owners shall be encouraged to mount a projecting sign so the top of the sign is no more than fifteen (15) feet above the sidewalk, and the bottom of the sign is no less than twelve (12) feet above the sidewalk. Projecting signs shall not be internally illuminated. 2. Signs permitted in any CN, HD, or WD district: 120 a. Wall sign: One (1) permanent wall sign not to exceed a maximum of twenty (20) square feet is permitted for a ground floor use’s primary façade. All signs must be place in the building’s sign band if one exists and the sign must be placed so it does not obscure architectural detail of the building. If a building does not have a sign band, then the top of any sign shall be no higher than the bottom of the sills of the second story windows or fifteen feet above grade, whichever is lower. The sign shall project no more than nine (9) inches out from the building. Mounting hardware shall be placed to minimize its view from the sidewalk. Lighted signs may only be externally illuminated. b. Freestanding sign: No freestanding sign shall be permitted in the CN, HD, or WD districts except in the cases where: Single Building with a Single Business: (1) A single building has only one business and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 75% of the building is obscured by topography (ledge, hills, valley). In this case one (1) freestanding sign up to ten (10) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Single Building with Several Businesses: (2) A single building has two or more businesses and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 75% of the building is obscured by topography (ledge, hills, valleys). In this case, one freestanding sign up to twenty (20) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Several Buildings with Several Businesses: (3) Several buildings have, in the aggregate, more than two businesses (e.g. without limitation, retail shopping center, business office park, consisting of wholesale, manufacturing, or service business) and lack visibility from the street because all buildings are situated more than 200 feet from the front lot line, or more than 75% of all buildings are obscured by topography (ledge, hills, valleys). In this case, one freestanding sign up to twenty-five (25) square feet in area is allowed. The top of the sign shall be no higher than 15 feet above grade, have no more than 2 faces, shall not overhang a public way, and shall not be more than twelve (12) inches deep. Freestanding signs for single buildings with several businesses and for several buildings with several businesses shall employ a sign that identifies the set of businesses as one entity or by one name (e.g. “North Beverly Plaza” or “Cummings Center”) and may include the street address within the square foot area allowed for the sign. c. Window signs: 1. Upper floor uses: One (1) sign (up to 3 s.f. in size) is permitted per business. Illuminated signs are not permitted. 2. Ground floor uses: One (1) sign is permitted per business provided it does not cover more than the lesser of: (a) twenty (20) percent of the window opening in which the sign is located; or (b) a maximum of six (6) square feet; Such signs must be individual letters affixed or painted in a single window opening (see definition). d. Awning signs: One (1) awning sign is permitted for each ground floor use provided that letters are painted on or integral to awning fabric, are a maximum of one (1) line and are no larger than six (6) inches in height. No internally illuminated awning signs are allowed. e. Temporary signs: Temporary signs are allowed as follows: 1. An application must be filed with the building inspector; 2. The application must state text and time period when the sign will be displayed; 3. Only one sign is allowed at a time per business; 121 4. The sign shall be displayed no longer than fourteen (14) consecutive days; and 5. No other temporary sign can be applied for until a 21-day no-sign period has passed since the last temporary sign was displayed. The provisions of this subsection (e) shall not apply to retail businesses from November 15 to January 15. f. Gasoline filling station signs: Gasoline filling stations shall be allowed the following three types of permanent signs: a primary façade sign, a canopy sign, and a gasoline price sign, provided however that such signs shall meet all of the other requirements of Section 29, in addition to those set forth is this subsection. 1. Canopy Signs. Up to two (2) canopy signs are permitted for each gasoline filling station, provided that they are each a maximum of one (1) line, not greater than twelve (12) inches in height and not longer than six (6) feet. Identifying symbols (logo, trademark, etc.), if any, shall be considered part of the canopy sign when calculating the maximum allowed size. No internally illuminated canopy signs are allowed. 2. Gasoline Price Signs. In addition to signs specified in this section and pump signs specifically allowed in Section 29-25C, gasoline filling stations are also permitted one non-illuminated gasoline price sign not to exceed nine (9) square feet. All letters and numbers shall not exceed 8 inches in height. The bottom of the gasoline price sign shall not exceed 8 feet higher than grade. The calculation of the maximum size of a gasoline filling station price sign shall include the gasoline prices, the company name, if any, and all identifying symbols (logo, trademark, etc.) if any. No business establishment that includes a gasoline filling station shall be allowed more than one gasoline price sign. The gasoline filling station price sign shall have no more than two (2) faces. All signs for the retail sale of food (whether prepackage or prepared on the premises under a separate business name) and accessory items associated with automobile maintenance and use shall be included in the maximum allowed signage calculations for gasoline filling stations. See also Gasoline pump signs (see section 29-25 – C-13). Residential Project Signs: Signs may not exceed twenty (20) square feet in area and six (6) feet in height, and may give the place name of a multiple-family dwelling complex or single-family subdivision. g. Projecting signs: Projecting signs shall project no more than four (4) feet from the facade of a building. Only one (1) projecting sign no larger than seven (7) square feet may be erected per business. Mounting hardware shall be placed to minimize its view from the sidewalk. Business owners shall be encouraged to mount a projecting sign so the top of the sign is no more than fifteen (15) feet above the sidewalk, and the bottom of the sign is no less than twelve (12) feet above the sidewalk. Projecting signs shall not be internally illuminated. C. Signs Not Requiring Design Review Board Approval The following signs shall be allowed by right without the necessity of DRB approval provided, however, that they shall conform with the provisions of Paragraph A of this Section 29-25. 1. Signs erected by or on the order of a governmental agency when limited to governmental purposes, and excluding any advertising; 2. Names of building, date of erection, monument citation and commemorative tablets when made a permanent and integral part of a building or site not exceeding five (5) square feet. 3. Banners or flags emblematic of or issued by national, state, or local governments; 4. Holiday decorations and lights when in season; 5. Signs not to exceed two (2) square feet in size which indicate warnings, hazards, or public conveniences such as “trespass,” “beware of dog,” and restroom signs; 122 6. Signs not to exceed two (2) square feet in size which are necessary for safety and direction of residents, employees, customers and visitors, whether in a vehicle or on foot provided that such signs do not carry the name or symbol of any product and that the name or symbol of any business does not take up more than 30% of the sign space; 7. Signs whose purpose is to identify a house of worship or a community building, provided that the sign does not exceed 12 square feet in size and is not internally illuminated; 8. Signs not to exceed two (2) square feet in size whose purpose is giving only direction and distance to specified house of worship; community buildings, provided that no such sign shall be illuminated; 9. Home signs, not to exceed two (2) square feet in size which indicate the name and address of the occupant(s) of a dwelling; 10. A sign, not to exceed (2) two square feet, which indicates a permitted accessory use or home occupation; 11. One (1) temporary sign, not to exceed six (6) square feet in all residential districts or twenty-four (24) square feet in all other districts, which announces the prospective sale, rent, lease, or trade of, or contracting work done on, the property. Such sign shall be removed within three (3) days after the sale, rental, lease, trade, or completion of work on such premises; 12. Directory boards attached to buildings shall be allowed for the sole purpose of directing the public to and identifying the location of occupants or tenants within a building(s), provided that the letters in directory boards shall not exceed one (1) inch in height; and the total sign area shall not exceed three (3) square feet; 13. One sign on the gasoline pump indicating the types and prices of gasoline provided the sign shall not exceed one square foot; 14. Temporary window signs on the first floors of nonresidential buildings provided they do not exceed the smaller of six square feet or 20 percent of the area of the window (see definition of sign area) and are up no longer than 14 days. D. The Following Types of Signs are Prohibited 1. Any sign displaying flashing or intermittent lights, or lights of changing degrees of intensity, except a sign indicating time or temperature, with changes alternating on not less than a five-second cycle when such time or temperature sign does not constitute a public safety or traffic hazard, in the judgment of the Building Inspector and the judgment of the Design Review Board. 2. Any lighting either by exposed tubing or string of lights outlining a part or all of a building or affixed to any ornamental feature thereof, except those items temporarily affixed to a building or other portions of the premises which denote a particular season of the year or universally celebrated holiday. 3. Any sign that obscures a sign displayed by public authority for the purpose of giving traffic instructions or directions or other pubic information. 4. Any sign that uses the word “stop” or “danger” or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger, or which is a copy or imitation of, or which for any reason is likely to be confused with any sign displayed by public authority. 5. Any sign that obstructs light or impedes a person’s passage through any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress, or egress for any building, as required by law. 6. Any sign or sign illumination that causes any direct glare into or upon any street, or into or upon any building other than the building to which the sign is affixed. 7. Any portable sign, with or without self-contained wheels, which is designed and constructed so as not to be permanently affixed to the land (namely, freestanding) and moved from one place or location to another. This includes any removable signs displayed on a vehicle. 8. Any sign that violates any provision of any law of the State relative to outdoor advertising. 9. Signs constructed, erected or maintained above the roofline of any building, except with Design Review Board approval. 10. Any off-premises sign, such as a billboard, which indicates a use or product not available on the property where the sign is located. 11. Any sign which advertises or calls attention to any products, businesses, or activities, which are no longer sold or carried on at the premises where 123 the sign is located. No such sign shall remain for more than thirty (30) days beyond the date the business vacates said premises. Both the landlord and the lessee shall be individually responsible for removing such signs. 12. Any right angle wall sign that project more than four (4) feet from a building face or wall; 13. Any sign, which due to its placement obscures the visibility of motor vehicles thus creating a traffic hazard. 14. Any sign not expressly permitted by this ordinance. E. Permit Requirements and Design Review Process Except as provided for in Section 29-25C of this ordinance, no sign shall be erected, or existing sign altered in any way without review and approval by the Design Review Board and without issuance of a building permit as required by the Building Inspector. All such signs shall be subject to the following design review process: Application: the applicant shall submit to the Design Review Board seven (7) copies of the application form describing the design of the proposed sign along with a colored drawing of the sign to scale, a site plan, if applicable, and a photograph showing the existing building or site, and such other material as may be required by the Design Review Board. The submittal of the application shall be in form and format as specified by the Design Review Board. The Board may revise such application requirements, as necessary, from time to time. Design Review application fees: the applicant shall submit to the Design Review Board the application form, other required materials and the application fee identified below: a. For signs and canopies: $2.00 per square foot; and b. For new building construction: $100.00 1. Design Review Board decision: within sixty (60) days of the receipt of the application including all required materials, the Design Review Board shall either approve or disapprove the application. It is suggested that the applicant be present at the meeting. Should the Board fail to take action within sixty (60) days after receiving application, the requested sign shall be deemed approved by the Design Review Board. 2. Sign permit: upon notice of approval from the Design Review Board, the applicant may apply for a sign permit for the proposed signage from the Building Inspector. In keeping with Section 29-5(M) of the City’s Zoning Ordinance, and in recognition of the difficulty in regulating the use of all types of signs within the City, the Design Review Board shall also be assigned the following duties: (a) The Design Review Board shall approve or disapprove all signs proposed now or hereafter within the City of Beverly which are not expressly allowed by right by this ordinance. In approving or disapproving any particular sign not expressly allowed by this ordinance, the Design Review Board shall take into consideration the following: i) the zoning district, the uses existing in the area, and the general character of the area; ii) the economic and business interests of the party having erected or proposing to erect the sign; iii) the aesthetic appearance of the sign and its overall effect on the surrounding area, including ensuring that the sign is consistent with the general policy and adheres to the design guidelines as defined in Section 25-29(A) of this ordinance. (b) The Design Review Board shall not approve the erection of any sign expressly prohibited by this ordinance, other City ordinance, or the building code of the Commonwealth of Massachusetts. F. Maintenance and Enforcement All signs and their devices supporting them shall be kept in good repair and safe condition. This shall mean the absence of rust, broken or dangling parts, and cracked, peeling, and flaking paint. 124 The Building Inspector or a designee is authorized to order the repair or removal of any sign and its supporting structure which in the judgment of the Building Inspector is deemed unsafe, in disrepair, or which is erected or maintained contrary to the provisions of this ordinance. Any person, firm or corporation violating any section or provision of this ordinance which pertains to signage shall be issued a warning and be given fourteen (14) days to comply. If a violation continues unabated past such time a citation with a fine of one hundred dollars ($100.00) shall be issued for each day willful violation continues. The Building Inspector or a designee shall be responsible for issuing such warnings and citations for such violations of the provisions of this ordinance and for enforcing the provisions of this section. First Passage: June 7, 2004 Final Passage: June 21, 2004 9-0 Vote Ordinance read once and held for final passage as per charter provisions #164 The Committee on Legal Affairs to whom was referred the matter of Application-North Shore Limo and Sedan (4 Licenses) have considered said mater and beg leave to report as follows, to wit: Recommend the Licenses be Granted 9-0 Vote Order read once and adopted #178 The Committee on Legal Affairs to whom was referred the matter of Application-Limo License-C. Waldron have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted 9-0 Vote Order read once and adopted #182 The Committee on Legal Affairs to whom was referred the matter of Ordinance re Weapons have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended ordinance and recommend its adoption In the year two thousand and four An Ordinance entitled Offenses and Miscellaneous Provisions relative to carrying certain weapons or weapon-like objects Be it ordained by the city council of the city of Beverly as follows: That Chapter 15 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following Section 15-13A: Sec. 15-13A. Carrying certain weapons or weapon-like objects. (1) No person, except as provided by law, shall carry on his person, or carry on his person or under his control in a vehicle, any weapon or instrument identified in Chapter 269 of the General Laws of Massachusetts, Section 10, paragraph (b) and Section 12; any weapon or object commonly called “nun-chucks” or any substance or material; a shotgun having a barrel less than eighteen (18) inches in length; any saber, sword, or weapon of like or similar nature; any knife having any type of blade in excess of two and one-hale (2 ½”) inches (except when actually engaged in hunting or fishing or in going directly to and/or returning 125 directly from such activities, or any employment which requires the use of any such type of knife); ice picks, dirks or similar weapons that are likely to penetrate through police officer’s ballistic vests; or any other object or tool so redesigned, fashioned, prepared or treated that the same may be used to inflict bodily harm or injury to another. (2) Violation of any provisions of this ordinance shall be subject to arrest and a fine of not more than Three Hundred ($300.00) Dollars for each offense. Violation of any provisions of this ordinance within a park, playground or on school property, shall be subject to arrest and a fine of not more than Three ($300.00) Dollars. This ordinance to take effect upon passage according to City Charter First Passage: June 7, 2004 Final Passage: June 21, 2004 9-0 Vote Ordinance re read once and held for final passage as per charter provisions #195 The Committee on Legal Affairs to whom was referred the matter of Parking Violation Fees have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That City of Beverly increase the parking ticket fees as follows: 1. Add $50.00 violations for a violation of # 1, within 10’ of a hydrant and # 4, fire lane, these two fines are presently $15.00. 2. Create a $25.00 violation section for a violation of # 6, prohibited area/tow zone, this violation is presently a $15.00 fine. Tow zones are established for safety reasons. 3. Change the following $10.00 violations to $15.00 violations. a. # 13, on crosswalk or sidewalk b. # 23, loading zone 9-0 Vote Order read once and Adopted #196 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T re Parking Meters have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year two thousand and four An Ordinance amending an ordinance relative to Parking Meters Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 161 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by deleting the section and replacing it with the following: Sec. 14-161. Thirty-minute parking meter zones. ( Delete in its entirety, replace Sec. 14-161. Thirty-minute parking meter zones. with:) (a) No person shall park a vehicle for a period of time longer than one-half hour, between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday, on streets designated in this subsection. This restriction shall not apply on Sundays or legal holidays. Cabot Street, westerly side, from Wallis St to fifty-eight (58) feet southerly. 126 Wallis Street, both sides, from Cabot Streetfifty-eight (58) feet westerly. (b) The fee for the parking, under this section, shall be twenty- five cents ($0.25) for the 30-minute parking. Sec. 14-162. All-day parking meters. ( Delete (2) in its entirety, replace with:) (1) Locations. a. MPL-A, rear of the Dollar Store, 50 all-day meters. b. MPL-a, corner of Chapman & Federal Sts., 13 all-day meters. c. MPL-C, rear Beverly Cooperative Bank, 43 all-day meters. d. MPL-F, Washington St., rear of BMFCU, 16 all-day meters. e. MPL-G, corner of Hale & Briscoe Sts., 11 all-day meters. f. Federal St., Opposite St. Mary’s School, 6 all-day meters g. Rantoul St., from #302 to #324 Rantoul St., 7 all-day meters a. The fee for the maximum parking time under Fees. this section shall be at the rate of fifty cents ($0.50) per four-hour period, with a maximum of one-dollar and fifty cents ($1.50) for the twelve (12) hours. b. Monday through Saturday, 9:00 Hours of Operation. a.m. to 5:00 p.m. Sundays and holidays are free. Sec. 14-163. One-hour parking meter zones. (Delete in its entirety, replace with) (a) No person shall park a vehicle for a period of time longer than one (1) hour, between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday. Sundays and holidays are free. a. Briscoe Street, in front of Barrister’s Hall, 5 spaces b. Cabot Street, at # 296 Cabot Street, 1 space (b) The fee for parking under this section shall be at the rate of fifty cents ($0.50) per hour with a one-hour maximum parking limit. Sec. 14-164. Two-hour parking meter zones. Change (a) language to read: (a) No person shall park a vehicle for a period of time longer than two (2) hours, between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday on the below listed streets. Sunday and holidays are free. Retain street addresses from old ordinance. (b) The fee for parking under this section shall be at the rate of twenty- five ($0.25) cents per hour with a two-hour maximum parking limit. (c) ( Delete in its entirety and replace with:) (c) MPL-A, 37 two-hour meters MPL-C, 62 two-hour meters MPL-F, 29 two-hour meters MPL-G, 11 two-hour meters (d) The fee for parking under this section shall be at a rate of fifty cents ($0.50) per hour. Sec. 14-165. Off-street parking meter zones. (Delete in its entirety.) Sec. 14-166. Establishment and marking of spaces. Retain Sec. 14-167. Regulations as to use of spaces and meters generally. Retain Sec. 14-168. Commercial vehicles. Retain Sec. 14-169. Enforcement of division. Retain and ADD: (a) Civilian Parking Meter Enforcement Officers may enforce all parking regulation within the City of Beverly. 127 Ordinance to take effect upon passage according to City Charter First Passage: June 7, 2004 Final Passage: June 21, 2004 9-0 Vote Ordinance read once and held for final passage as per charter provisions #197 The Committee on Legal Affairs to whom was referred the matter of School Zone Speed Limit have considered said matter and beg leave to report as follows, to Wit: Submit the accompanying order and recommend its adoption Ordered: That the following “School Zone, Speed Limit 20 MPH, When Children are Present” signs be placed at the following locations: 9-0 Vote Order read once and Adopted #198 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T, One Way Streets Fee have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the Year two thousand and four An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re One-Way Streets Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 96 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following: Mechanic Street, from West Dane Street to Roundy Street, traffic to ADD: proceed northerly Ordinance to take effect upon passage according to City Charter First Passage: June 7, 2004 Final Passage: June 21, 2004 9-0 Vote Order read once and adopted #199 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T 2 hour parking BHS area streets have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year two thousand and four An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re two hour parking That Chapter 14, Section 126 (3) of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following: ADD: SEC.14-126. Two-hour parking (e) 128 (e) No person shall park a vehicle for longer than two (2) hours, between the hours of 7:00 A. M. and 12 noon, Monday Through Friday, from September to June, on the following streets: Jordan Street, westerly side, from Russell St., to #35 Jordan St. Snell Road, both sides, entire length Tudor Road, northerly side, entire length. Ordinance to take effect upon passage according to City Charter First Passage: June 7, 2004 Final Passage: June 21, 2004 9-0 Vote Ordinance read once and held for final passage as per charter provisions #202 The Committee on Legal Affairs to whom was referred the matter of Application for One Day Auctioneers License-United Rug Auctioneers have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted 9-0 Vote Order read once and adopted #207 The Committee on Legal Affairs to whom as referred the matter of communication re Proposed Trash Fee have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #210 The Committee on Legal Affairs to whom was referred the matter of Subordination of Mortgage-Bucco have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the attached SUBORDINATION AGREEMENT for Mary Bucco, 8 Virginia Avenue, as per the attached communication from Community Development manager William O’Hare. 9-0 Vote Order read once and adopted #211 The Committee on Legal Affairs to whom was referred the matter of two Subordinations of Mortgage-Tilas have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the attached SUBORDINATION AGREEMENTS for Mr. & Mrs. John Tilas, 35 Cabot Street, as per the attached communication from Community Development manager William O’Hare. 9-0 Vote Order read once and adopted 129 #180 The Committee on Public Services to whom was referred the matter of Resolution-Safe Drinking Water Protection Pledge have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #206 The Committee on Public Services to whom was referred the matter Communication re Wenham Lake Technical Advisory Committee update on Vitale Site have considered said matter and beg leave to report as follows to wit; Receive and Place on File 9-0 Vote Order read once and adopted Unfinished Business: Resolutions: Motions and Orders: #227 By Councilors Hobin and Flaherty Ordered: That a “Go Slow Children” sign be installed at the intersection of Warren and Pearl Streets. 9-0 Vote Recommend adoption of the order Meeting adjourned: 10:45 PM Frances A. Macdonald, CMC City Clerk 130