2003-09-10
City of Beverly, Massachusetts
Public Meeting Minutes
BOARD: Comprehensive Rezoning Committee
SUBCOMMITTEE:
DATE: September 10, 2003
PLACE: Beverly Public Library
BOARD MEMBERS PRESENT: Ronald Costa, Scott Houseman, Jack Murray,
Robert Nelson, Donald Preston, John Thomson,
Robert Valliere, Don Neuman
ABSENT: Richard Dinkin, Wendy Frontiero, Peter Gilmore
OTHERS PRESENT: Ralph Willmer (Consultant), Debra Hurlburt
(Director, Planning & Development)
RECORDER: Jeannine Dion (by tape)
Definitions
Restaurant
Willmer states one of the issues that is typically confusing in zoning codes is the
differentiation between a regular restaurant, carry-out restaurant and a drive-through. He
suggests having a specific definition for a restaurant, a different definition for a carry-out
restaurant and a different definition for anything that involves a drive-through. The issue
with drive-through is the impact that they have in terms of traffic and another curb cut on
a sidewalk. In a village center, you want to minimize the number of cuts in the sidewalk
where cars are going to be impacting pedestrians.
Willmer suggests lumping all of the drive-through uses together, as any use that involves
drive-through windows (bank, restaurant, gas stations, drug stores, etc.). The issue is the
impact.
Houseman asks how do you distinguish between a carry-out and a drive-through in terms
of impact. Willmer responds that with a drive-through you have the potential for another
curb cut.
Hurlburt states she thinks a carry-out could have the same impact as a drive-through
because it is very intensive.
There is a lengthy discussion about defining restaurants. Willmer will work further on this
topic.
Comprehensive Rezoning Committee Minutes
September 10, 2003
Page 2
Screening
Willmer suggests defining what screening is and moving the types of acceptable screening
into a supplemental regulatory section that describes what is acceptable for screening.
Self-Storage Facilities
Self-storage facilities is a use that is not currently defined. Willmer recommends defining
it.
Service Station
Willmer will work on this further and provide alternatives to the definition.
Signs
There is discussion regarding how to determine the size of signs.
Solid Waste
Willmer changed the current definition to the DEP definition.
Structure
The text was amended in May to include free-standing sign.
Use and Accessory Use
Willmer added a few words to the definition. Accessory use is incidental and subordinate
to the permitted use but located on the same lot. There was no need for principle use.
Yard
Deleted one sentence from the text, which will be added to the use table or dimensional
table as a footnote.
Non-Conforming Use
Houseman states members of the Zoning Board often confuse a use that is allowed by a
variance with a use that is non-conforming.
Comprehensive Rezoning Committee Minutes
September 10, 2003
Page 3
Willmer suggests that if anyone knows of specific issues or problems, please Email them
through Debbie Hurlburt. If he knows what the issue and problems are in advance, it
might make the discussion go quicker.
Houseman states he has a proposed structure for non-conforming use provision for the
ordinance. That provision in the ordinance is by far the worst section in the entire
ordinance. He proposes using the Danvers ordinance as an example of a helpful and
thoughtful ordinance.
Houseman states he would like to get this section approved and through City Council
before the rest of the ordinance is complete.
Hurlburt agrees and states she would also like to look at Inclusionary Zoning. She
submitted a draft to the Planning Board and Bob Monroe, which was modeled from
Duxbury and Marion. They submitted theirs for a town vote and were approved. They
went to the AG’s office and were also approved. Hurlburt is interested in going to the
City Council with separate items.
Willmer states if the city has a Master Plan and meets the DHCD’s requirements for the
housing element, it should move quickly to implement some of the recommendations. It
gives a little more of a leg up on other communities that haven’t thought about it when
you have to deal with 40B issues. As new development comes on board, the city could be
requiring affordable units, demonstrate progress and have affordable housing developed
where the city wants it developed on its terms, rather than on someone else’s terms.
Neuman submitted a number of terms that would be worthwhile defining waterfront
related uses in the zoning ordinance. Willmer will include some of the terms in the redraft
of the definition section.
Willmer will work further on the definitions pursuant to the discussions and will add
waterfront related terms.
Hurlburt asks if members of the public have any questions or comments.
Joan Murphy, 36 Longmeadow Road expresses concern about large trucks parked in her
neighborhood and suggests that it be addressed.
A member of the public commends the committee for addressing affordable housing and
expiring uses.
Comprehensive Rezoning Committee Minutes
September 10, 2003
Page 4
Next Meeting’s Agenda
·
Inclusionary Zoning
The next meeting is scheduled to take place on Wednesday, October 22, 2003 in the
Beverly Public Library.
Adjournment
The meeting is adjourned at 9:00 p.m.