2013-05-01 Special MeetingBeverly Planning Board Minutes
May 1, 2013
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Board: Special Planning Board Meeting
Date: Tuesday, May 1, 2013
Location: Beverly City Hall
Members Present Chairman Richard Dinkin, Vice Chair John Thomson,
Hutchinson, James Matz, John Mullady, Michael O'Brien
Members Absent: Ellen Flannery, Charles Harris, David Mack
Others Present: City Planner Tina Cassidy, Assistant City Planner
Zambernardi,
Recorder: Eileen Sacco
Dinkin calls the meeting to order at 7:00 p.m.
Subdivision Approval Not Required Plans (SANR's)
2 Bonad Road Trust — 2 Bonad, Jewett & Newman Road — Zoning R10
Ellen
Leah
Atty. Thomas Alexander addressed the Board and explained that the applicant has filed for an
ANR plan to adjust the lot lines of five existing lots on Bonad, Jewett and Newman Road. The
lot line adjustment would bring each lot into conformance with the R10 zoning requirements. He
noted that the lot at 2 Bonad Road has an existing residence on it and the other four (4) lots are
currently vacant and will become potentially buildable as a result of this plan.
Zambernardi reported that she visited the site on Tuesday, April 23 to determine the adequacy of
the roadway and found that the road is paved for the full length of the frontage for all lots,
thought the width is approximately 13 feet. She also reported that the grade is fairly steep,
though this road also provides access to an existing home across the street from the furthest
building lot. She further noted that planning staff also examined the proposed lots to determine
whether there is safe year round practical access unimpeded by wetlands, topography or other
natural or manmade barriers over the frontage and found no such impediments.
Zambernardi also reported that it should be noted that there is a steeper grade to the end of
Jewett and Bonad Road, the city has received complaints from residents downhill in the
neighborhood about stormwater sheet flow down the hill and it not draining properly into the
City's catch basin on Bonad Road. She reported that the developer has been advised to speak to
the City Engineer on the matter of necessary drainage improvements and to the Fire Department
on the matter of emergency vehicle access and turnaround capacity well in advance of applying
for building permits for the new lots.
Thomson stated that the plan is in order.
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Thomson: made a motion to endorse the Approval Not Required for 2 Bonad Road
Trust — 2 Bonad, Jewett & Newman Road. Hutchinson seconded the
motion. The motion carried (5 -0).
Continued: Planning Board Recommendation to City Council Order:
City Council Order #169 — Zoning Amendments Relative to Water Supply Overlay District,
Article XXXVIII, Section 38:31.0 (formerly Section 29 -31.0 of the zoning Ordinance) and
City Council Order #170 — Zoning Amendments Relative to Article XXXVIII, Section
38:28.C.1 and 38.28.C.2 (formerly Section 29- 28.C.2 of the Zoning Ordinance
City Planner Tina Cassidy reviewed the proposed zoning amendments and noted that the Planning
Board previously voted on the map and recommended that the aquifer area between the Wenham
Lake Reservoir and the Longham Lake Reservoir be excluded from being subject to the
Ordinance but to recommend that the City Council consider other ways to protect the aquifer.
Cassidy explained that there was concern raised at the public hearing regarding portions of lots
that fall within the district resulting in the entire lot being subject to the watershed overlay
oridnance. She reviewed examples on the map in her presentation.
Cassidy stated that the recommendation is that the Planning Board approve the boundaries of the
Watershed Overlay District as shown in A, B, and C on the map.
Dinkin stated that he is concerned that if we define the boundaries in the ordinance, could DEP
change them. Cassidy stated that she would instruct City staff to focus on areas "as shown on
Zoning Map ".
Matz clarified that this would not include property in Wenham. Cassidy agreed noting that it is
just to the Beverly line.
Thomson: moved to approve the recommendation that the boundaries of the Watershed
Overlay District be defined as shown on the map as A, B and C. Mullady seconded the motion.
The motion carried (5 -0)
Dinkin asked if this change would cause an increase in the watershed area. Cassidy reported that
there are some changes and there will be some boundary changes.
Cassidy reviews the language regarding limiting impervious surfaces and the proposed language
for the ordinance.
Matz explains that to the extent possible we should protect the aquifer and it is affects through
infiltration, noting that pools always are a concern. He explained that the proposed limit would
make people think before adding that pool or deck or driveway.
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Dinkin stated that if we adopt this recommendation it would create a new class of grandfathering
and he is not comfortable with that. He noted that the city would be limiting homeowners as to
what they can do on their property.
Matz explained that the intent of the language was geared more towards large commercial
developments with large parking areas.
Thomson suggested that the recommendation apply to commercial zoning but not residential.
Dinkin stated that the Board could create a separate regulation for industrial use. Cassidy stated
that they would have to do some research on that.
Thomson: motion to recommend to the City Council that zoning regarding impervious
surface requirements not be adopted. Mullady seconded the motion. the motion
carried (5 -0).
Cassidy continued explaining the recommendation for the proposed amendments to the zoning
ordinances. She noted that there are a number of suggested changes and additions to the
ordinance and noted that members copies have comments explaining the recommended changes.
Thomson: motion to approve the changes to the zoning ordinance as recommended by Ms.
Cassidy. Mullady seconded the motion. The motion carried (5 -0).
Cassidy reviewed the section of the ordinance on Prohibited Uses and Activities.
Thomson stated that he is concerned that the proposed allowance of the storage of above ground
liquid hazardous material as defined in Section 29 -2 in MGL or liquid petroleum products except
as noted in the ordinance noting that it is not currently in the ordinance. He suggested that the
first sentence be eliminated and that the list of items allowed remain.
Thomson: moved to strike item (b) in section 5 all above ground storage of liquid hazardous
materials as defined in Section 29 -2 of M.G.L. or liquid petroleum products. Matz
seconded the motion. The motion carried (5 -0).
Thomson: moved to approve the recommended changes to the rest of the section on the
Prohibited Uses and Activities. Mullady seconded the motion. The motion carried
(5 -0).
Cassidy reviews the section of the ordinance on Uses Permitted By Right. She explained that
there are three proposed changes and explained them. She noted that the use of the "authorized"
expansion of any existing residential structure.... simplifies the statement while making it more
comprehensive and the second part eliminates current provisions regarding impervious pavement
increases.
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Thomson: motion to approve the revision as recommended. Hutchinson seconded the
motion. The motion carried (5 -0).
Cassidy reviews the section of the ordinance regarding Uses by Special Permit. The Board
reviewed the language with Cassidy and made some suggested addition to section (i) to read that
"notwithstanding, the following uses are permitted by law: "
Thomson: motion to approve the revision as recommended. Hutchinson seconded the
motion. The motion carried (5 -0).
Cassidy reviews Section 10 regarding enforcement. She explained that an additional sign off by
the Building Department is now recommended. She also noted that this version is the language
recommended by the proponents of the ordinance changes. The Board made some minor wording
changes to the section.
Thomson: motion to approve the revision as recommended. Hutchinson seconded the
motion. The motion carried (5 -0).
Cassidy concluded her presentation by thanking the members of the committee who worked on
this ordinance.
Matz thanked Cassidy for all the work she did on this and for her presentation.
Dinkin thanked Mr. Matz for his participation in this process noting the time and effort that went
into this.
Adjournment
There being no further business to come before the Planning Board this evening a motion was
made by Hutchinsonto adjourn the meeting, seconded by Thomson. The motion carried (6 -0)
The meeting was adjourned at 9:00 p.m.
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