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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.