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2003-10-22City of Beverly, Massachusetts Public Meeting Minutes BOARD: SUBCOMMITTEE DATE: PLACE: BOARD MEMBERS PRESENT: ABSENT: OTHERS PRESENT: RECORDER: Comprehensive Rezoning Committee October 22, 2003 Beverly Public Library Scott Houseman, Robert Nelson, Donald Preston, John Thomson, Peter Gilmore Ronald Costa, Richard Dinkin, Wendy Frontiero, Jack Murray, Don Neuman, Robert Valliere Ralph Willmer (Consultant), Leah Zambernardi, Asst. Planning Director (Planning & Development) Jeannine Dion (by tape) DEFINITIONS Restaurant There is discussion about further refining the definition for restaurant.- Signs There is discussion about the definition of signs. Waterfront Willmer states the last definition he added for discussion purposes is a generic definition for waterfront. Motel Willmer states he defined motel. The difference from hotel is "... in which access to and from each room or unit is through an exterior door." There is discussion about private homes being rented to Montserrat College. Some members acknowledge that the college helps small businesses in the downtown area but they also express concern about losing affordable housing to an educational facility. Comprehensive Rezoning Committee Minutes October 22, 2003 Page 2 Willmer states he can speak with some of his colleagues who work in college towns and see how they work with those issues. Commercial / Recreational Use Willmer states he added a definition for commercial / recreational use. Restaurant / Restaurant Carry-out and Restaurant Drive Through Willmer states he revised the definitions for restaurant, restaurant carry-out and restaurant drive-through. NON-CONFORMING USES Willmer states he needs to hear what the problems are with the Ordinance as it is currently written. Members discuss Section 29.26 (Non-conforming uses). Houseman states the whole thing is a piece of junk. It is unclear, inconsistent and doesn't address correct case law in any fashion. He states the other members of the Zoning Board feel exactly the same way.. Houseman states the Town of Danvers has a version of this subject and it is an excellent treatment of the subject. Willmer states he did not want to taint the discussion but he looked at what Houseman is referring to and agrees with his assessment. He recommends cutting the current text and replacing it with something better rather than trying to tinker with it to make it right. Willmer will use the Towns of Danvers and Dennis as samples There is discussion regarding shape requirements. Nelson states he does not know if a use changes unless someone goes before the ZBA or if an abutter calls him. There is discussion regarding retail establishments. Willmer states when you are talking about a liquor store or other things that routinely fall into retail establishments, you must ask the question "What is the difference from a land use perspective?" A liquor store is really no different than a drug store from a zoning perspective. A convenience store is different because it generates a high level of traffic. Comprehemive Rezoning Committee Minutes October 22, 2003 Page 3 Sub Committees Willmer states there are always going to be policy concerns that need to be addressed and that needs to happen before the committee gets into drafting. He recommends that there are meetings (subcommittees and Planning staff) between the CRC meetings. Willmer suggests setting up some meetings where members of the CRC start to make some policy decisions. The CRC subcommittees can get together and discuss their topics later on with the entire CRC. Approval of Minutes Thomson moves to approve the minutes dated September 10, 2003, seconded by Nelson. All members are in favor. Adjournment The meeting is adjourned.