Beverly Moves To Prohibit Overnight Business Deliveries With Ordinance

BEVERLY, MA — A new Beverly ordinance designed to provide some added peace and quiet overnight and early in the morning for residents living near large businesses moved one step closer to taking effect Tuesday with the City Council's first-passage approval of the overnight delivery ordinance.

Ward 5 City Councilor Kathleen Feldman introduced the ordinance that would prohibit deliveries between 11 p.m. and 6 a.m. to businesses. She allowed that it was designed to force large commercial businesses like the Shaw's next to Beverly Commons to schedule their deliveries at times that would least impact the nearby residents but advocated that the ordinance be accepted broadly enough apply to businesses throughout the city.

The ordinance would not affect deliveries to food-serving establishments, such as doughnut and coffee shops, that require early morning deliveries to open with fresh food to be served on the premises at or around 6 a.m.

"This ordinance is really not intended to be punitive," Feldman said. "Should it come up in any other area of the city, I believe those residents should have the same types of relief in this situation with deliveries if they are happening between the hours of 11 p.m. and (6 a.m.)."

The ordinance came before the Council during its meeting two weeks ago but was continued when Feldman could not be in attendance to address some colleague concerns about potential implications of the ordinance. She said the wording of the ordinance was refined since then to make the specific exemptions for businesses with a common victualler license.

"I would contend that any of the box stores, or chains, or box stores that would not be exempt from this should not be exempt from this," she said. "Because I still believe the intention of this ordinance to protect quiet, peaceful enjoyment during certain hours should be available to all citizens of Beverly."

Feldman said the larger box stores, including grocery stores, would have to find a way to schedule their deliveries as part of the cycle that included after they close in the 9 to 10 p.m. range or closer to their 7 a.m. opening time.

"There are other communities that have this in place already," she said. "I want to be on that list of communities that are on that last drop of the produce. I think it's one of things where other communities do have these restrictions in place for high-residential areas that do abut grocery stores. So I don't think it's unreasonable for a large store — this is not a mom-and-pop store, this is not a local business — they can get on that delivery cycle to be later."

The ordinance calls for a $50 fine per infraction with a citation issued after a complaint is investigated.

Councilors Scott Houseman and Hannah Bowen, who both voted against the ordinance in the first passage vote, questioned whether the ordinance should be more narrowly focused only business that were within a certain distance of residential areas to avoid any unintended consequences that hinder businesses, but Feldman resisted the change.

"I just don't think it's an unreasonable burden on any of the box stores not to get deliveries between 11 and 6," she said.

The first passage passed on a 7-2 vote. It will now move to a second passage vote on Sept. 18 with approval making it effective.

(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. Twitter: @Scott_Souza.)