2008-04-22 (2)
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of 11
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Wednesday, April 30, 2008 10:47 AM
To: minutes@beverlyma.gov
Subject: 08.apr22.doc Amended
Regular Meeting
Beverly City Council 7:00, PM April 22, 2008
Ro II Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin,
D. Wesley Slate, Jr., Councilors Timothy Flaherty and Maureen Troubetaris were absent
Pledge of Allegiance to the Flag: Led by Councilor Slate
Public Hearings and Public Speakers:
7:05 PM Civil Air Patrol Awards
7:15 PM Public Hearing Transfers Police Department Repairs ($114,565.00)
Referred back to Finance and Property
Acceptance of Minutes:
Meetings of April?, 2008 and Special Meeting of April 14, 2008
Appointments:
Communications from His Honor the Mayor:
#108
April 22,2008
Honorable City Council
City Hall
Beverly, MA
Dear Honorable Council:
Per the attached memo from Finance Director john Dunn, please take action to accept and appropriate a $5,000.000 donation from
Walgreen's to support Police department activities in the area of gang and youth violence. Such donation was offered through the efforts
of Councilor John Burke.
5/5/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of 11
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
Communications from Other City Officers and Boards:
#109
Application Open Space Residential Design Site Plan Application #1-08 Beaver Pond Road, Gwenn Evitts
Refer to Legal Affairs
Communications, Applications and Petitions:
#110
Application - Auctioneers License Kaminski Auctioneers for April 26 & 27, 2008
Refer to Legal Affairs
Regorts from Committees:
#101
The Committee on Finance and property to whom was referred the matter of communication re Ballot Questions have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order Read once and adopted 7 -0 Vote
#83
The committee on Finance and Property to whom was referred the matter of Transfer "Police Station Repairs" 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 a transfer to account "Police Department Repairs" from "School
Building Heating Plant Accounts" in the amount of One Hundred Fourteen Thousand Five Hundred Sixty-Five dollars ($114,565.00). Said
sum of money to be expended under the direction of the finance Director
First Passage:
Public Hearing:
Final Passage:
April 7,2008
April 22,2008
April 22,2008
Order read once and adopted 7 -0 Vote
5/5/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of 11
#108
The Committee on Finance and Property to whom was referred the matter of Appropriation 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 5, 2008 at 7:02 PM relative to an appropriation
in the amount of $5,000 from a donation from Walgreen's. Public hearing will e held in council Chambers, 191 Cabot St., Beverly, MA
First Passage:
Public hearing:
Final Passage;
Apr. 22, 2008
May 5, 2008
May 5,2008
Order read once and adopted 7 -0 Vote
#64
The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Request to review City Taxi Licenses have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 7 -0 Vote
#74
The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Communication relative to Open Space
Residential Design Ordinance have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 7-0 Vote
#86
The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Ordinance-Stormwater management &
Construction Site Management 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 Eight
An Ordinance amending an Ordinance Entitled Planning and Public Works relative to Stormwater Management and Construction Site
Management
DELETE:
Chapter 18 Article III, Section 18-54 entitled Drainage Alteration Permits and Chapter 20, Article VII, Section 20-162
through 20-174 inclusive entitled Erosion/Sediment control and materials Management
ADD:
Chapter 20, ARTICLE VII. STORMWATER MANAGEMENT AND CONSTRUCTION SITE
MANAGEMENT ORDINANCE
Sec. 20-162 Pu rpose
5/5/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of 11
The purpose of this Ordinance is to protect the surface water bodies, natural resources, and public and private property within the City of
Beverly from the negative impacts caused by polluted and unmanaged stormwater runoff and activities related to development,
construction and land surface alteration and work not otherwise subject to regulation by the Planning Board and/or the Conservation
Commission. In response to the mandates set forth under the amendments to the Federal Clean Water Act, this Ordinance partially fulfills
the requirement of the Phase II National Pollution Discharge Elimination System (NPDES) Permit in order to achieve compliance with the
U.S. Environmental Protection Agency's stormwater regulations.
Because stormwater discharges from a variety of sources including storm sewers, construction, waste disposal, earth disturbance and
resource extraction are major causes of impairment to the water quality of natural coastal and inland water bodies and wetland resource
areas, this Ordinance is designed to regulate a myriad of aspects relating to the development or redevelopment of land as well as to detect
and eliminate illicit discharges into the City's storm drainage system.
This Ordinance and the regulations promulgated hereunder serve to establish minimum standards, design criteria, implementation,
guidance and enforcement to achieve the following objectives:
1. Establish, regulate and enforce stormwater management standards for development and redevelopment projects by adopting
and enforcing the nine (9) Stormwater Management Standards set forth in the Massachusetts Stormwater Management Policy;
2. Detect and eliminate illegal discharges to the municipal storm drain system including but not limited to sewage, process
wastewater, wash water, indoor drains, floor drains, sinks from residential, commercial or industrial sources;
3. Guide, regulate and manage construction activities that render soil exposed and vulnerable to erosion by wind and water as
well as containing and properly managing potential on-site pollutants including but not limited to oils, gasoline, pesticides,
paints, garbage and sanitary wastes;
4. Regulate the alteration of grades/elevations of the land surface by more than two feet to protect against damage to abutting
properties and adjacent wetlands resource areas resulting from altered drainage patterns.
5. Establish a Stormwater Management Advisory Committee to work with the Engineering Department in establishing and
evaluating rules and regulations to further clarify and implement this Ordinance.
Sec. 20-163 Applicability
This Ordinance applies to all construction, development, and redevelopment activities that involve and/or impact stormwater discharge, soil
disturbance, altering of grades or drainage patterns not expressly exempted from it.
Sec. 20-164 Stormwater Management of New Development & Redevelopments
Regulation of discharges to the municipal storm drainage system and the surface waters and wetlands is necessary for the protection of
the City of Beverly's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased
and contaminated stormwater runoff associated with developed land uses and the accompanying increase in impervious surface is a major
cause of impairment of water quality and flow in the ocean, lakes, ponds, streams, rivers, wetlands and groundwater, contamination of
drinking water supplies, erosion of stream channels, alteration or destruction of aquatic and wildlife habitat, and flooding.
This Ordinance establishes stormwater management standards for development and redevelopment projects that disturb an acre or more
of land to minimize adverse impacts offsite and downstream which would be born by abutters, residents and/or the general public by:
1. Complying with all other state and federal statutes and regulations relating to stormwater discharges and adopting the
following Standards of the Massachusetts Stormwater Policy:
a. Stormwater management systems must be designed so that post-development peak discharge rates do not exceed pre-
development peak discharge rates;
b. Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum
extent practicable. The annual recharge from a site post-development should approximate the annual recharge from the
pre-existing or existing site conditions, based on soil types;
c. For new development, stormwater management systems must be designed to remove 800/0 Total Suspended Solids (TSS);
d. Redevelopment of previously developed sites must meet the Stormwater Management Standards to the maximum extent
practicable;
e. All stormwater management systems must have an operation and maintenance plan to ensure that systems function as
designed.
2. Protecting groundwater and surface water from degradation;
5/5/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of 11
3. Promoting groundwater recharge;
4. Preventing pollutants from entering Beverly's municipal storm drainage system and to minimize discharge of pollutants from
the system;
5. Ensuring adequate long-term operation and maintenance of structural stormwater best management practices so that they
function as designed;
6. Ensuring public safety and protecting public and private property, surface drinking water supplies, groundwater resources,
recreation, aquatic habitats, fish and other aquatic life, property values and other uses of lands and waters;
7. Requiring practices to control the flow of stormwater from new and redeveloped sites into the Beverly storm drainage system
in order to prevent flooding and erosion;
8. Establishing Beverly's legal authority to ensure compliance with the provisions of this Ordinance through inspection,
monitoring, and enforcement.
Exemptions:
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR
10.04;
Maintenance of existing landscaping, gardens or lawn areas provided such maintenance does not include the addition of soil
material, or alteration of existing grades;
The construction of any walls and fencing that will not alter existing terrain or drainage patterns;
Construction of utilities other than drainage (gas, water, sanitary sewer, electric, telephone, etc.) which will not alter terrain,
ground cover, or drainage patterns;
Projects wholly within the jurisdiction of the Conservation Commission and requiring an Order of Conditions.
Sec. 20-165 Illicit Connections
This Ordinance also provides for the health, safety, and general welfare of the citizens of Beverly by regulating storm water discharge into
the City's storm drain system and waterways in accordance with the requirements of the National Pollutant Discharge Elimination System
(N PDES) permit process.
The City's storm drainage system includes storm water pipes and drainage waterways and conveys surface water runoff to receiving
waters. Generally runoff enters the storm water drainage system piping through catch basins on streets and on public and private property
and from drainage swales and ditches. No sewage discharge is allowed into this system.
The City also has a separate piped municipal sanitary sewerage system. In order to reduce and eliminate infiltration and inflow into this
system, no storm drainage discharge is allowed into the municipal sanitary sewer system from any source including, but not limited to,
sump pumps and roof drainage. The sewerage system conveys wastewater from residences and commercial and industrial
establishments to the South Essex Sewerage District wastewater treatment plant in Salem. The City's sewerage system is regulated
under Section 21 of the City of Beverly Ordinances.
The objectives of this section are to:
1. Minimize the contribution of pollutants to the municipal storm drainage system;
2. Minimize the negative impact of illicit connections and discharges upon the City's natural resources;
3. Prohibit illicit connections and discharges to the municipal storm drainage system; and
4. Establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance
with this Ordinance.
Sec. 20-166 Erosion/Sedimentation and Materials Management
During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by
reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates
extraordinary maintenance and repair
of storm drains and ditches and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native
vegetation necessary for terrestrial and aquatic habitat.
Many potential pollutants other than sediment are associated with construction activities. These pollutants include pesticides, fertilizers
used for vegetative stabilization; petrochemicals (oils, gasoline, and asphalt degreasers), construction chemicals such as concrete
products, sealers, and paints, wash water associated with these products, paper; wood; garbage and sanitary wastes.
As a result, the purpose of this section is to safeguard persons, protect property, and prevent damage to the environment in the City of
5/5/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 6 of 11
Beverly. This Ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and
maintenance of certain development or other activity that disturbs the topsoil or results in the movement of earth within the City of
Beverly.
1. No person shall be granted a site development permit for land-disturbing activity that would require the uncovering of one (1)
acre or more (43,560 square feet) without the written approval of an Erosion/Sediment Control and Materials Management
Plan by the Engineering Department. Such projects shall be required to submit an Erosion/Sediment Control and Materials
Management Plan with the application when, in the opinion of the Director of Engineering or his designee, the submission of
such a plan is needed to further the purpose and intent of this Ordinance and/or to safeguard surrounding property and public
infrastructure systems.
2. No person shall be granted a site development permit for land-disturbing activity that would require disturbing less than one
acre but more than one-quarter acre without the approval of an Abbreviated Erosion/Sediment Control & Materials
Management Application by the Engineering Department.
3. No person shall be granted a site development permit for land-disturbing activity that would require disturbing less than one-
quarter acre without the approval of a Minor Project Management Application by the Engineering Department.
Exemptions:
1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources;
2. Repairs to any stormwater system deemed necessary by the City of Beverly
3. Engineering Department or its designee; or
4. Existing nursery and agricultural operations conducted as a permitted use.
Sec. 20-167 Drainage Pattern Alterations
Changing the grading of the land surface can have an impact on drainage characteristics of even relatively small watershed areas.
Therefore, regulating proposed grading for all projects, including
minor ones is necessary for the protection of the City of Beverly's natural resources, and to safeguard public and private property from the
potential negative impacts due to increased peak rate run off, increase in volume, and flooding.
A permit required by this Ordinance will be issued by the City Engineer to the owner or the owner's duly authorized agent after the City
Engineer has reviewed a plan to be submitted showing the nature of the grade change proposed, but only on such conditions, which shall
be determined by the City Engineer, that will ensure that the proposed grade changes will not adversely affect existing drainage and
groundwater conditions that could affect the public health, safety and welfare of any public way or adjoining real estate.
It shall be unlawful for any person or other legal owner of real property in the City to disturb the existing grade of land by more than two
feet without first obtaining the approval of the City Engineer, and where applicable, the Conservation Commission (if the property is subject
to the Wetlands Protection Act or the City's Wetland Protection Ordinance and the Rules and Regulations adopted pursuant to that
Ordinance) and the Planning Board (if the property is being altered pursuant to a plan subject to the Subdivision Control Law).
Exemptions:
1. Emergency work as declared or determined by the Director of Engineering or his designee.
Sec. 20-168 Responsibility For Administration
The Director of Engineering shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted or duties
imposed upon the Director of Engineering by this Ordinance may be delegated in writing by the Director to persons or entities acting in the
beneficial interest of or in the employ of the City.
Sec. 20-169 Stormwater Management Advisory Committee
This Ordinance hereby establishes the Beverly Stormwater Management Advisory Committee consisting of eight members made up of
representatives from the Engineering Department, Public Services Department, Building Department, Conservation Commission, Planning
Department, Board of Health, Parks & Recreation Department and a citizen representative. The Mayor shall appoint such members to the
Committee. The Stormwater Management Advisory Committee shall advise the Director of Engineering in establishing and evaluating
rules and regulations
to further clarify and implement this Ordinance, as well as coordinating activities and monitoring progress of the City's Stormwater
Management Plan. Additionally, a Stormwater Coordinator, as appointed by the Mayor, shall assist in coordinating the Committee's
activities and the City's stormwater program.
5/5/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 7 of 11
Sec. 20-170 Enforcement
Any person violating any of the provisions of this Ordinance or of any order or permit issued hereunder shall be deemed guilty of a
misdemeanor and each day during which any violation of any of the provisions of this Ordinance, order or permit is committed or continued
shall constitute a separate offense. The Department or its delegated agents may issue a stop work order to the owner, the applicant, or
the owner's or applicant's agent by certified mail, return receipt requested, and by posting the same in a conspicuous location on the work
site. Upon conviction of any violation of this Ordinance, such person shall be punished by a fine of $300 for each offense. In addition to
any penalty authorized by this section, any person violating any of the provisions of this Ordinance shall be required to bear the expense of
site restoration. Nothing in this section, including the failure of the Department or its delegated agents to issue a stop work order, shall
prevent the City from pursuing any other remedy provided for by law, including equitable relief, to restrain violations of this Ordinance.
Sec. 20-171 Rules & Regulations
The Director of Engineering in collaboration with the City of Beverly Stormwater Management Advisory Committee and Stormwater
Coordinator shall be empowered to establish Rules and Regulations to govern the permitting process, including but not limited to fees,
application procedures, definitions, use of consultants, security to assure performance, performance standards for work, and such other
information the Department and Committee deems necessary to discharge its responsibilities. The Department and Committee may
promulgate such rules and regulations to effectuate the purposes of this Ordinance by a majority vote of the duly appointed members of
the Stormwater Management Advisory Committee. Failure by the Department and the Committee to promulgate such rules and
regulations, or a legal declaration of their validity by a court of law, shall not act to suspend or invalidate the effect of this Ordinance.
Sec. 20-172 Severability
The invalidity of any section or provision of this Ordinance shall not invalidate any other section or provision thereof, nor shall it invalidate
any permit, order or decision, which have previously become final.
Ordinance read once and held for final passage as per charter provisions 7 -0 Vote
#91
The committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance MV & T relative to Isolated Stop
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 eight
An Ordinance amending an Ordinance entitled Motor Vehicles and Traffic relative to Obedience to isolated Stop Signs
Be it ordained by the city council of the city of Beverly as follows, to wit:
ADD: Chapter 14, Section 86 West Dane Street, Eastbound traffic on West Dane Street at Rantoul Street
Ordinance to take effect as per charter provisions
Ordinance read once and held for final passage as per charter provisions 7 -0 Vote
#92
The committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for Pedestrian Sign have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That "Turning Traffic Must yield to Pedestrians" signs be placed as follows:
5/5/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 8 of 11
One facing eastbound traffic on Elliott St. at the entrance to Stop and Shop in the area adjacent to and just before the crosswalk area.
The second would face westbound traffic on Elliott St. at the entrance to the Cummings Center adjacent to and just before the crosswalk
area.
Order read once and adopted 7-0 Vote
#93
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of communication from Open Space and
Recreation re OSRD Amendment have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 7-0 Vote
#94
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Conservation
commission re OSRD Amendment have considered said matter and beg leave to report as follows, to wit;
Receive and Place on File
Order read once and adopted 7-0 Vote
#95
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Applications Petroleum Storage Licenses
have considered said matter and beg leave to report as follows, to wit:
Recommend the Licenses be Granted
Order read once and adopted 7-0 Vote
#100
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application For Taxi License NDARYD
Transportation have considered said matter and beg leave to report as follows, to wit:
Recommend the License be granted
Order read once and adopted 7-0 Vote
#107
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Permission to encroach on city property
have considered said matter and beg leave to report as follows, to wit:
5/5/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 9 of 11
Submit the accompanying order and recommend its adoption
Ordered: That the city Council give permission for a POD to encroach 6 feet in the street in front of 7 Melvin Avenue for a period not to
exceed seven days.
Order read once and adopted 7-0 Vote
#110
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for
auctioneers License-Kaminski Auctioneers for April 26-27, 2008 have considered said matter and beg leave to
report as follows, to wit:
Recommend the License be granted
Order Read once and adopted
#69
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment Parking and Traffic
Commission William Bent have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
Order read once and adopted 7 -0 Vote
#84
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Communication relative to Appointment-
Historic District Commission James Younger have considered said matter and beg leave to report as follows, to wit:
Recommend that the Council approve the Appointment
Order read once and adopted 7 -0 Vote
#88
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment to the Library Board of
Trustees Joanne Panunzio and Neil Olson have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted 7-0 Vote
#90
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment to the Cultural Council of
Dan Murphy, Leighton O'Connor, Lindsey Smythe, Michele Kenna, Leona Bradbury Mary Bucci McCoy and Joanne Flannery have
5/5/2008
That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 10 of 11
considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted 7-0 Vote
Unfinished Business:
Resolutions:
Motions and Orders:
#111
By Councilor Slate:
Ordered: That the Parking & Traffic Commission undertake a comprehensive traffic study of the Congress Street area around the
"Ventron" property, in connection with the planned condominium project at that location.
Refer to Legal Affairs and Parking & Traffic Commission
#112
By Councilor Grimes
Ordered: That the Council appoint John E. Lappen, 26 Princeton Ave. to a three year term on the Clean Energy Advisory Committee. The
term will begin June 1, 2008 and end May 31, 2011.
Refer to Public Services
#113
By Councilor Burke:
I have been asked by the president of the firefighters' Local 1669 to prepare city citations for five (5) firefighters who are either retiring from
or transferring out of Beverly. The citations will be presented at the annual banquet on April 26th, 2008 at 6 p.m. to the following
individuals:
Deputy Chief Richard R. Philpot, 28 years of service
Lieutenant Richard J. Cotraro, 32 years of service
Firefighter Jerome F. Murphy, 32 years of service
Firefighter Richard H. Crean, 28 years of service
Firefighter Todd J. Koen, 10 years of service (still active, transferred to another department)
Order read once and adopted 7 -0 Vote
Meeting adjourned: 8:00 PM
Frances A. Macdonald, CMC
5/5/2008
That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 11 of 11
City Clerk
5/5/2008