2006-11-06 with City Council
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
November 6, 2006
Board:
Joint Public Hearing of the Planning Board and the Beverly
City Council
Location:
Beverly City Hall –City Council Chambers
Planning Board Present
Chairman Richard Dinkin, Ellen Flannery, Joanne Dunn,
John Thomson, Don Walter, and Charlie Harris
Planning Board Absent
David Mack, Peter Thomas, and Eve Geller-Duffy
City Councillor’s
Paul Gaunci, Timothy Flaherty, William Coughlin,
Present
Miranda Gooding, John Burke, Kevin Hobin, Donald
Martin, Patricia Grimes, Maureen Troubetaris
Members Absent:
None
Recorder:
Eileen Sacco
Gaunci calls the meeting to order at 7:10 p.m.
City Clerk Frances Macdonald called the roll.
Gaunci led those present in the Pledge of Allegiance.
Joint Public Hearing – City Council Order 170 – Proposed Zoning Amendment to
Section 29-26.C – Nonconformity and Reconstruction after Involuntary Destruction
& Nonconformity after Voluntary Demolition
Gaunci invites Dinkin to join him at the podium.
Macdonald reads legal notice.
Gaunci notes that City Planner Tina Cassidy and Robert Munroe of the City Solicitor's
office are present at the meeting this evening to answer questions about the proposed
zoning changes.
Munroe addresses the City Council and the Planning Board and explains the history of
how this amendment came about. He explains that the most famous case involving this
was a property on Lothrop Street that the owner tore down and replaced with a single
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family house rather than a three family which was in violation of the zoning. The owner
in turn filed several suits against the city which ended up in land court and the question
arose as to Zoning Ordinance Section 29-26 being in direct contradiction with M.G.L.
Chapter 40A Section 6 and he agrees. He explains that this law clearly states that you
cannot control the reconstruction of single family or two family dwellings. He
explained that it was discussed that if there is a problem with that zoning it should be
changed and would therefore render the charges in the lawsuit moot. He explained that
they met with City Planner Tina Cassidy and reviewed the Ordinance and they have
prepared this amendment.
City Planner Tina Cassidy addressed the City Council and the Planning Board and
explained the changes and clarifications that they propose. She explained that in addition
to the proposed changes in the amendment several provisions need to be stricken from the
ordinance in order for the proposed changes to make sense. She explained the provisions
that need to be stricken.
Bob Nelson addressed the City Council and the Planning Board and stated that he feels
that this gives guidelines on this issue and it is totally livable for the city.
Scott Houseman, Chairman of the Zoning Board, addressed the City Council and the
Planning Board and noted that there is a trade off to give rights to the owners who want
to voluntarily demolish buildings that need to and replace them with an improved
structure. He also notes that it is important that the buildings not be increased in size too
much.
Gaunci asks if there are any questions from the members of the City Council or the
Planning Board.
Gaunci asks if there are any questions from members of the public who are present.
There being none be declared the public hearing closed.
The meeting was adjourned at 7:15 p.m.
The Planning Board convenes its special meeting immediately after.
Dinkin calls the meeting to order at 7:30 p.m.
Proposed Zoning Amendment – City Council Order 170 – Recommendation to City
Council on Proposed Zoning Amendment to Section 29:26.C – Nonconformity and
Reconstruction after Involuntary Destruction & Nonconformity after Voluntary
Demolition
Dinkin asks what the pleasure of the Board is on this.
Thomson states that his personal feeling is that the Chairman of the Zoning Board is
comfortable with this then the Planning Board should recommend approval.
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Thomson moves to recommend approval of the zoning amendment to Section 29-26.C –
Nonconformity and Reconstruction after Involuntary Destruction & Nonconformity after
Voluntary Demolition. Walter seconds the motion. The motion carries.
Approval of the Minutes
The minutes of the Planning Board meeting held on September 5, 2006 were presented
for approval. Thomson moves to approve the minutes as amended. Walters seconds the
motion. The motion carries.
The meeting was adjourned at 7:40 p.m.
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