2013-11-18Beverly Planning Board/Beverly City Council Joint Public Hearing
Minutes
November 18, 2013
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Joint Public Hearing of the Planning Board and the
Beverly City Council
Date:
Monday, November 18, 2013
Location:
Beverly City Hall, City Council Chambers
Members Present
Chairman Richard Dinkin, Vice Chair John Thomson, Ellen
Hutchinson, John Mullady, Michael O'Brien,
Members Absent
James Matz, Charles Harris, Ellen Flannery, David Mack
Councilors Present:
Council President Paul Guanci, Vice President Wes Slate, James
Latter, Maureen Troubetaris, Don Martin, Scott Houseman, Jason
Silva, Scott Dullea, Brett Schetszle
Members Absent:
None
Others Present:
Assistant City Planner Leah Zambernardi,
Recorder:
These proceedings were recorded and transcribed by Eileen Sacco
Guanci calls the meeting to order at 7:30 p.m. Dinkin joins the Council on the council podium.
Recess for Public Hearings
Slate moves to recess for public hearings at this time. Latter seconds the motion. The motion
carried (9 -0).
Thomson moves to recess for public hearings at this time. Hutchinson seconds the motion. The
motion carries (5 -0).
a. Joint Public Hearing — City Council Order #170 — Proposed Amendment Relative to
Restaurants in the IR and IR Overlay District Article XXXVHI, Section 38 -19.C. b
Guanci calls on Zambernardi to explain the proposed amendment to the zoning ordinance.
Zambernardi deferred to Councilor Schetszle to explain the amendment since he brought in the
City Council order.
Schetszle addresses the Council and Planning Board and explains that he proposed this
amendment to remove the possibility of fast food restaurants in the IR and IR Overlay District.
He referred to the possibility of future development in that area as creating another IA situation.
He noted that this amendment will still allow restaurants without drive through access and those
that take -out food is 20% or less of their business.
Guanci opens the hearing up for questions and comments from the City Council.
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Beverly Planning Board/Beverly City Council Joint Public Hearing
Minutes
November 18, 2013
Slate questioned if this amendment would affect existing businesses in the district. Zambernardi
explained that she would think that it would impact the gas stations if one of them wanted to put
in a drive through business.
Troubetaris questioned if this amendment would apply only to the IR Overlay district.
Zambernardi explains that it would apply to the IR Overlay district.
Dinkin opens the hearing up for questions and comments from members of the Planning Board.
Guanci opens the hearing up for public comment at this time.
Mary Rodrick of 17 Peabody Street addresses the Council and Planning Board and states that she
is in favor of this amendment, noting that it will help the residents of Brimbal Avenue. She also
questioned if this would prohibit other drive through businesses such as pharmacy's or banks.
There being no further questions or comments from those present. Guanci declares the public
hearing closed.
Dinkin declares the Planning Board Public Hearing closed and informs those present that the
Planning Board will be meeting immediately following this meeting to discuss and make a
recommendation on the amendment. The meeting will be in conference room A.
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Beverly Planning Board/Beverly City Council Joint Public Hearing
Minutes
November 18, 2013
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Board: Special Meeting of thePlanning Board
Beverly City Council
Date: Monday, November 18, 2013
Location: Beverly City Hall, Conference Room
Members Present Chairman Richard Dinkin, Vice Chair John Thomson, Ellen
Hutchinson, John Mullady, Michael O'Brien
Members Absent: James Matz, Charles Harris, Ellen Flannery, David Mack
Others Present: Assistant City Planner Leah Zambernardi
Recorder: Eileen Sacco
Dinkin calls the meeting to order at 7:45 p.m.
a. Discussion/Recommendtion to the Planning Board — City Council Order #170 —
Proposed Amendment Relative to Restaurants in the IR and IR Overlay District
Article XXXVIII, Section 38 -19.C. b
Dinkin asks for questions and comments from members of the Planning Board.
Thomson asks if this will eliminate fast food restaurants in the district. Zambernardi explains that
other restaurants with 20% or less of takeout business would not be allowed with the language as
proposed. She also notes that fast food restaurants are defined as those with drive through
access.
Dinkin suggests that it would be simpler to prohibit drive through access.
Hutchinson asks if there is a definition of restaurant in the ordinance. Zambernardi states that
there is no definition.
Dinkin suggests language that would add "Provided that no more than 20% of the restaurants
gross volume is for consumption off the premises."
Hutchinson questioned if the gross amount would be figured on 12 months of business or
monthly. Thomson notes that is a good point and states that the Board may be slicing this too
thin. He suggests language that would indicate restaurants primarily for consumption on the
premises.
Mullady questions if this would prevent all drive through access in the district.
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Beverly Planning Board/Beverly City Council Joint Public Hearing
Minutes
November 18, 2013
Dinkin explains that a restaurant drive through creates traffic where as a drive through at a CVS
or Walgreens or a bank does not have traffic issues. He notes that prohibiting drive through
access would eliminate these uses.
Hutchinson asks to have the IR Overlay District area defined. Zambernardi explains the District.
Thomson: Moves that the Planning Board recommend the following language for the zoning
amendment:
"Restaurant selling food both for consumption on and off the premises provided that off - premises
consumption is not the primary use."
Thomson notes that the Planning Board is not agreeing with the language proposed by Councilor
Schetszle and are suggesting alternative language for clarification.
Flannery seconds the motion. The motion carries (5 -0). The Chair votes in favor.
There being no further business to come before the Planning Board this evening a motion was
made by Flannery to adjourn the meeting, seconded by Thomson. The motion carried (5 -0)
The meeting was adjourned at 8:00 p.m.
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