20220927 City Council Legal Affairs Committee Minutes Estelle M. Rand-Chair
Todd C. Rotondo
Brendan S. Sweeney
LEGAL AFFAIRS/CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MINUTES
Monday, September 27, 2022, 6:30PM
Within the Confines of the City Council Meeting
City Council Conference Room, 3rd Floor, Beverly City Hall, 191 Cabot St.
Rand called to order the Committee on Legal Affairs and Committee of the Whole at 6:30pm.
Members present: Todd Rotondo, Brendan Sweeney, Estelle Rand
Other Councilors present: Matthew St. Hilaire, Julie Flowers, Hannah Bowen, Scott Houseman
Order Date to Number Committee Description Action Taken
Councilor St. Hilaire-Proposed zoning ordinance Refer back to
#237 9/19/2022 amendments to limit new building projects in the city Council for
of Beverly to three stories discussion 3-0
Sergeant Henebury-Request to add a"Handicapped
#238 9/19/2022 Parking Sign" at 24 Myrtle Street and an additional Approve 3-0
location of 31 Grant Street
Order #237-Councilor St. Hilaire-Proposed zoning ordinance amendments to limit new building projects in the
city of Beverly to three stories
St. Hilaire spoke about a legal opinion from the City Solicitor stating that the council as a body can propose
ordinance changes but an individual councilor cannot. St. Hilaire asked how a councilor can make a change.
City Solicitor Stephanie Williams noted that Massachusetts general law states who can initiate zoning changes
in Ch. 40A section 5. The city council as a body may deliberate it and take a vote to initiate an amendment if
five councilors approve it.
Mayor Michael Cahill referenced the master planning process which yielded a number of zoning change
recommendations. The planning department intended to present proposed changes this fall which would also
include changes to design standard recommendations. Cahill stated some of the recommendations that are
memorialized in the master plan are eliminating the tall building overlay so there would no longer be a special
permit option to go over 55 feet. The City had already been tapping the breaks on the Bass River overlay before
the bridge closure, and there was also the accessory dwelling unit conversation. Cahill stated there is a lot of
nuance to all of this and we would really want to look at master plan documents and the design standard process
and talk about it together.
St. Hilaire stated this is a starting point for the discussion. St. Hilaire stated he thinks a pause or moratorium is
needed and he would like to move the conversation forward.
Rand clarified that the council cannot just vote to accept or adopt the proposed zoning amendment that was
submitted by Councilor St. Hilaire, but they can vote to take a further step to initiate the process of a zoning
amendment if they choose.
Rotondo asked about Councilor St. Hilaire's intent timewise.
St. Hilaire stated he feels it is fairly urgent since he heard about the Family Dollar building this summer but he
does not know what the next step is.
Sweeney stated that it sounds like there may be different proposals and asked if it makes more sense for the
Legal Affairs Committee to wait until there is a process in place. Sweeney asked if it would be more beneficial
to take the action to move the process forward or to wait until the administration and planning department are
able to submit the end product of a collaborative conversation which the council could then start with.
Rand stated once it is formally submitted to start the process for rezoning, then they would be in that process
which has a timeline and requirements under state law. It would take a vote of five councilors to start that. The
process would require joint meetings with the planning board and public hearings. If we want to see if it leads to
a formal zoning amendment, we could refer it out to council or we could hold it.
St. Hilaire stated he would be interested in a public hearing on the proposal to hear from stakeholders.
Rand and Flowers clarified that it would be a public forum not a public hearing. Flowers stated it would only
become a public hearing if the council voted to move it forward in the zoning process.
St. Hilaire and Houseman expressed interest in a full council discussion.
Cahill asked what the council can do with this proposal before it is signed on by five councilors.
Assistant City Solicitor Beth Oldmixon stated this would need to be voted on by the council as a whole to be
put forward and start the process. Right now, the council can have a discussion to see if five councilors would
support it. The council would have to propose the zoning amendment and act as a body.
St. Hilaire and Sweeney confirmed that if the council were to begin the process of discussing a zoning
amendment, then they could always propose amendments to this proposal throughout the process.
The motion to refer back to council for discussion was made and seconded. A vote was taken, and the motion
carried (3-0).
The motion to adjourn Committee of the Whole meeting was made and seconded. A vote was taken, and the
motion carried. The motion to adjourn the Legal Affairs meeting was made and seconded. A vote was taken,
and the motion carried (3-0). The meeting adjourned at 6:59pm
Beverly City Council Committee on Legal Affairs Meeting Minutes—September 27,2022 page 2 of 2