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2006-03-06 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Council/Planning Board SUBCOMMITTEE: DATE: March 6, 2006 MEMBERS PRESENT: Chairperson Richard Dinkin, Vice-Chairman John Thomson, Ellen Flannery, Joanne Dunn, Eve Geller- Duffy, Charlie Harris MEMBERS ABSENT: Jason Silva, Don Walter OTHERS PRESENT: Beverly City Council, City Planner Tina Cassidy RECORDER: Maryann DiPalma The regular meeting of the City Council was called to order at 7:00 p.m. City Council President Paul Guanci announces that the Council and Planning Board will convene a Joint Meeting to conduct public hearings on three proposed zoning amendments. 1. City Council Order #10—Proposed amendment to definition of SETBACK. City Clerk Frances Macdonald reads the legal notice, and Guanci asks Cassidy to explain the proposed amendment. She states that this Order is sponsored by Ward 6 Councilor Grimes, although she drafted the proposal. It proposes to amend Section 29-2.42B to read as follows: “Setback—A line beyond which the foundation wall and/or any enclosed covered porch or other enclosed portion of a building shall not project. In the case of private easements that serve as legal frontage for, or provide vehicular access to any lot, minimum yard setbacks required by this Ordinance shall be measured from the side line of the private easement or the property line, whichever is closest to the location of the building.” In the vast majority of cases, new building lots front on a public way. In those cases, the current way of measuring setbacks does not pose a problem. In some cases however, where the streets are not public ways, property lines often fall not on the edge of the right of way but rather down the centerline of the way. When that happens, the current definition of setback can pose a problem, resulting in a house sited closer to the traveled way than intended. This happens because the setback is measured from the property line, not the edge of the traveled way. Councilor Flaherty asks if the issue arises only with private easements. Cassidy says the proposed amendment would require a property owner to measure from the edge of the private easement or from the property line, whichever of the two was closest to the location of the building. Councilor Coughlin asks if the amendment would affect the recently-adopted OSRD ordinance. Cassidy states that it has no meaningful impact on the OSRD ordinance. Burt Hutchins, 60 Paine Avenue, brought this to the attention of Councilor Grimes initially. He states that it has been a long process to get this issue before the City Council and says it Draft Planning Board minutes Joint Public Hearing on Orders #10, 30, & 31 March 6, 2006 meeting Page 1 of 8 could greatly affect future development in his neighborhood. He supports the proposed amendment and urges the Council to adopt it. Under present zoning laws, he states you could literally build a house in the middle of the road. Guanci asks if there are any other public comments or questions on the proposal. There are none, so he declares the public hearing closed and refers the proposal back to the Planning Board for its recommendation. 2. City Council Order #30—Proposed Amendment to the definition of “Subsidized Elderly Housing” Guanci asks Cassidy to explain the proposed amendment. Cassidy explains that the amendment would modify Section 29-2.B of the Zoning Ordinance by increasing the minimum age requirement from 55 to 62. She recaps the City’s earlier deliberations on the definition. During the fall and early winter of 2005, the Council and Planning Board discussed adoption of the new definition. The original proposal called for the minimum age to be 55. Following the public hearing and subsequent deliberations, the Planning Board voted unanimously to recommend adoption of the proposed definition, but to increase the minimum age to 62. The Council subsequently adopted the proposed definition but opted to leave the minimum age at 55. Following that vote, the Planning Board decided to propose this zoning amendment to the City Council for consideration. The amendment would increase the minimum age threshold for “Subsidized Elderly Housing” uses from 55 to 62. She suggests that Planning Board Chairperson Richard Dinkin can explain the Planning Board’s perspective on the issue. Dinkin states this amendment was proposed to correct what the Board believes is a flaw in the current definition. Subsidized elderly housing uses are broadly permitted across the City in most zoning districts, and without an age limit of 62, these projects would be simply multi-family developments in single-family zoning districts. He suggests that the very term “subsidized elderly housing” explicitly implies a largely “elderly” project. If one takes the position that the City elected to allow such projects across the City, it was intending to meet a social need – and perhaps address a social issue – relative to senior housing. The best way to ensure that is to have the age of 62 as a baseline for occupancy, instead of 55 where children, rather than the elderly, are more likely to be occupants. The best argument for age sixty-two (62) was that there would be no children. The purpose of “Subsidized Elderly Housing” is to provide low cost housing to people who are unable to afford market-rate housing. Councilor Coughlin asks where in the City subsidized elderly housing could be built. Cassidy answers that the use is not permitted in the WD (Waterfront Development) District. The use is allowed by special permit in the R-90, R-45, R-22, R-15, R-10, R-6, CN, CG, IR, and IG zoning districts, and is allowed by right in the RMD, RHD, RSD, and CC zoning districts. Draft Planning Board minutes Joint Public Hearing on Orders #10, 30, & 31 March 6, 2006 meeting Page 2 of 8 The question was asked what the “typical” age requirement would be for this type of use. Dinkin states he is not sure, but suggests the City wants to remove any incentive for a developer to build multi-unit buildings in single-family zoning districts. Flaherty asks Cassidy about the similarity between subsidized elderly housing and congregate elderly housing. Cassidy states that the City’s congregate elderly housing provision requires at least 20 acres of land. The provision also requires dedicated shared spaces within the building and implies the provision of some form of on-site medical services. In contrast, “one person over 55” projects do not typically have this amenity. The age of sixty-two (62) would be more appropriate for the definition of Elderly Housing because with an age requirement of only 55, many tenants could have young children. Children would be disruptive in a place where people want peace and quiet. Many people are having children at a later point in life, and someone could have a child that is 12 years old so 62 would be a better age for subsidized elderly housing. In the proposed zoning amendment, “Subsidized Elderly Housing” would mean that eighty percent (80%) of units would have to be occupied by someone 62 years of age or older, and 20% could be occupied by persons less than 62 years old. Guanci asks if anyone present wishes to speak in favor or against the proposal. There are none. Guanci closes the public hearing and refers the proposed amendment back to the Planning Board for a recommendation. (3) City Council Order #31—Proposed Zoning Amendment—Building and Dimensional Requirements of the CC Zoning District Guanci asks Cassidy to explain the proposed amendment. Cassidy explains that the proposed amendment would do two things. It would close a loophole in the existing language of the ordinance, and allow the Planning Board to grant special permits to allow taller buildings in the district. The current height limit is 55 feet, and the amendment would, in part, allow the Board to authorize buildings up to 75 in height, as long as the lot was not adjacent to a residential zoning district. The new provision to “close the loophole” involves adopting building and area requirements for commercial uses, residential uses, and combined commercial/residential uses on lots with side and/or rear yards which do not abut a commercial or residential zoning district. The requirements would be as follows: a. Minimum lot area – none b. Minimum lot frontage – 50 feet c. Minimum front yard setback – none d. Minimum side yard setback – none e. Minimum rear yard setback – none f. Maximum building height – 55 feet/75 feet* Draft Planning Board minutes Joint Public Hearing on Orders #10, 30, & 31 March 6, 2006 meeting Page 3 of 8 * The Planning Board may authorize, by special permit, an increase in building height over 55 feet, to a maximum of 75 feet for uses under subsection 29-17.D.2., 3., and 5. only. Cassidy explains that the second part of the amendment would allow the Planning Board to grant special permits to allow buildings up to 75’ in height to be built. In summary, the proposed amendments to Section 29-17.D. would read as follows (new text in italics): “D Building and Area Requirements 1.. Commercial uses, residential uses or combined commercial/residential uses on “CC”- zoned lots with side and/or rear yards abutting a residential zoning district: a. Minimum lot area – none for 100% commercial use; 1,000 sq. ft. of total lot area per dwelling unit for residential use b. Minimum lot frontage – none for 100% commercial use; 50 feet for residential use c. Minimum front yard setback – none d. Minimum side yard setback- 10 feet, 15 feet if building is over 3 stories for that side yard which abuts the side or rear yard of a residentially zones lot e. Minimum rear yard setback – 20 feet – if the rear yard abuts a side or rear yard of a residentially zoned lot f. Maximum building height – 55 feet when “RHD” is the abutting residential district, 35 feet when “RMD” or “R6” is the abutting residential district Commercial uses, residential uses or combined commercial/residential uses which abut a residential zoning district by a public way with an average width of a least 25 feet or a railroad right of way of at least 25 feet, there shall be no setback requirement. 2. Residential uses which do not abut a residential zoning district: a. Minimum lot area – 1,000 sq. ft. of total lot area per dwelling unit b. Minimum lot frontage – 50 feet c. Minimum front yard setback – 15 feet d. Minimum side yard setback – 10 feet, 15 feet if over 3 stories e. Minimum rear yard – setback – 20 feet f. Maximum height – 55 feet/75 feet* * The Planning Board may authorize, by special permit, an increase in building height over 55 feet, to a maximum of 75 feet, for uses under subsection 29-17.D., 3., and 5. only. Draft Planning Board minutes Joint Public Hearing on Orders #10, 30, & 31 March 6, 2006 meeting Page 4 of 8 3. Commercial uses which do not abut a residential district: a. Minimum lot area – none b. Minimum lot frontage – none c. Minimum front yard setback – none d. Minimum side yard setback – none e. Minimum rear yard setback – none f. Maximum height – 55 feet/75 feet * The Planning Board may authorize, by special permit, an increase in building height over 55 feet, to a maximum of 75 feet, for uses under subsections 29-17.D. 2., 3., and 5. only. 4. Commercial or residential uses within structures existing at the time of the adoption of the Zoning Ordinance: a. Minimum lot area – none for commercial use; 1,000 sq. ft. total lot area per dwelling unit for residential use b. Minimum lot frontage – none c. Minimum front yard setback – none d. Minimum side yard setback – none e. Minimum rear yard setback – none f. Maximum height – 55 feet 5. Combined commercial/residential uses on lots with side and/or rear yards which do not abut a residential zoning district: a. Minimum lot area – none b. Minimum lot frontage – 50 feet c. Minimum front yard setback – none d. Minimum side yard setback – none e. Minimum rear yard setback – none f. Maximum building height -55 feet / 75 feet* * The Planning Board may authorize, by special permits, an increase in building height over 55 feet, to a maximum of 75 feet, for uses under subsections 29-17.D.2., 3., and 5. only. Cassidy then summarizes a variety of conclusions and recommendations from the Master Plan that support this proposal: ?? Housing – In the downtown area, the commercial building values are much lower than in other parts of the city, and much lower than one would expect to see. In the past, residential development has been mainly single-family homes. The residential areas surrounding downtown consist largely of multi- family dwellings. Draft Planning Board minutes Joint Public Hearing on Orders #10, 30, & 31 March 6, 2006 meeting Page 5 of 8 ?? Reuse and reinvestment in the downtown and its outskirts is a goal. Councilor Burke asked how tall the ladder truck was in the fire department. Cassidy replies that she is aware of the issue of the ladder trucks. Burke says that the ladder truck now in service has a reach of 75 feet but the one taken out of service could extend 110 feet. If a building is over 75 feet tall, the ladder truck would not be able to accommodate it. He states that protection of the citizens is a priority. Cassidy elaborates on the special permit public hearing process, explaining that when such an application is presented to the Planning Board, many City departments, boards and commissions, and the public are asked to review the proposal and make comments for consideration. This would include the Fire Department. Gooding asks for an explanation of the area of the downtown encompassed by the “CC” zoning district. Cassidy answers that the district runs along both Rantoul Street and Cabot Street, from where they intersect at the Beverly/Salem Bridge to where they intersect again at Gloucester Crossing. There are several places where the district “expands” to include more than the general strip of lots along the two streets. A councilor asks about the 75 ft. height that is being proposed - how was that number selected? Is 75 feet similar to what other communities are doing? Cassidy answers that the number is sufficient to accommodate a seven story building or a six story building with a peaked roof. She states that while she hasn’t conducted a survey of other similar communities and their height limits, 75’ is consistent with a number of other buildings in the downtown (particularly along Rantoul Street) and not inconsistent with development that is occurring in places like Salem. Councilor Burke states that the City needs to set a policy that is consistent, and no project should be approved if it cannot be protected in terms of fire safety. Cassidy reiterates that in order to achieve the goals of the master plan, to encourage “smart growth” by focusing new development in the downtown area, to stimulate affordable housing production and to provide the necessary zoning flexibility to encourage developers to reinvest in the downtown, additional height is essential. Thomson asks how “deep” the “CC” zoning district is. He was told that the zone along Cabot Street is only one or two lots deep and that it directly abuts residential areas. He believes one side of Rantoul Street abuts residential districts and the Bass River side of Rantoul Street abuts an industrial zoning district. He was also told that fewer lots could benefit from the height increase than couldn’t and that there are several dozen lots in the city that could use this increase. Dinkin states that small but important first steps must be taken in thinking about how we use our open spaces. Beverly is unique in that some parts of the City look very much like the communities of Manchester and Essex but other areas, like the downtown, look more like Salem and Peabody because we are a city. The increase in the height limitation would Draft Planning Board minutes Joint Public Hearing on Orders #10, 30, & 31 March 6, 2006 meeting Page 6 of 8 provide a better mix of housing. He states that the downtown area needs regulatory structure. Renee Mary, 274 Hale Street, asks if the City can afford 75 ft. buildings. This would mean there would be a need for more fire and police protection, as well as more roads, etc. She states that we need to think about the people who have to pay the bills. Rosemary Maglio, Pleasant Street gives a lengthy discourse on the reasons why not to increase the height. She stated that 75 feet is not needed. The effects of the current projects have yet to be completed. It already allows for 55 ft. where most of the city is 35 ft. The current “CC” zoning district is not build out. The variance route gives the public and abutters more leeway. An increase in height would mean an increase in density. She states that in June, 2001, the City increased the height limit in the IG zone from 35 to 70 ft if buildings are set back 1,000 ft. from all abutters. A 70 ft. building would expand commercial into residential. We now have a lot of unused lots and she considers the City Council and the Planning Board as inconsistent. She states that there are enough unused lots so it is not necessary to go up to 75 feet. This would mean that the 75 ft. would be at the plot line. Maglio states that she felt that the Planning Board has too much power. This height increase will cause increased traffic, loss of light, etc. and some land would become more valuable. She stated that special permits are easy enough to obtain and the density downtown is high enough. Guanci asks if any other comments at this time. There are none. Guanci declares the public hearings closed and refers the matter back to the Planning Board for a recommendation. 4. Discussion/recommendation to City Council: City Council Orders #10, 30, and 31 Cassidy explains that the Board now has 21 days to make a recommendation to the Council. The Board begins discussion on the definition of “setback”. Thomson has several questions about the proposed definition. He suggested revised wording and review the language on City Council Order #10. Some of the questions he had were “What if the private easement abuts the lot”, “What if the easement cuts right through a lot”, “Does this require a setback from all Rights of Way”. The Board elects to table discussion of this issue until the next Board meeting. Next, the members discuss the proposed change to the definition of “Subsidized Elderly Housing”. Thomson reiterates his desire to research other communities’ ordinances before voting. The other members feel comfortable making a recommendation this evening. Harris: motion to recommend to the City Council that Order #30 be adopted, seconded by Flannery. Flannery, Harris, Dinkin, Dunn, Geller-Duffy in favor, Thomson opposed. Motion carries 5-1. Draft Planning Board minutes Joint Public Hearing on Orders #10, 30, & 31 March 6, 2006 meeting Page 7 of 8 The Board decides to postpone discussion on the remaining two orders until the Board’s next meeting on March 21, 2006. Flannery: motion to adjourn, seconded by Dunn. All members in favor, none in opposition. Motion carries. Draft Planning Board minutes Joint Public Hearing on Orders #10, 30, & 31 March 6, 2006 meeting Page 8 of 8