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2006-11-27 SPECIAL Meeting of Beverly City Council Nov. 27, 2006 8:00 PM Roll Call : Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Gooding #109 Zoning Ordinance Change Ordered: That the City Council approve the enclosed Zoning Ordinance change: That Lots 1 and 1A on City of Beverly Assessors’ Map #1 be changed from General Industrial (IG) to a new Waterfront Development Residential District. (WDR) as described below: In the Year two thousand and six An Ordinance Amending an ordinance entitled Zoning Be or ordained by the City Council of the City of Beverly as follows, to wit: ADD: Waterfront Development Residential District (WDR) WDR - WATERFRONT DEVELOPMENT RESIDENTIAL DISTRICT A General Description This district is established to provide principally for mixed-use development, residential development and public access along the waterfront. B Uses by Right Property and building shall be used only for the following purposes: 1. Multi-family dwelling or apartment house, subject to the requirements of Section H below. 2. Home occupation as defined herein, subject to the provisions of Section G below. 3. Agricultural, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of 5,000 square feet, and subject to the provisions of Section G below. 4. Commercial fishing excluding the processing of fish, except as provided by Section B.7. below. (Processing: meaning canning, cooking, or freezing but not preparation of bait), subject of the provisions of Section G below. 5. Commercial marina for the sale, mooring, and rental of boats, subject to the provisions of Section G below. 6. Restaurant selling food for consumption entirely on the premises, subject to the provisions of Section G below. 7. Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted. 8. Any use allowed by right under Section 29-6. C Uses by Special Permit The following uses are only allowed by Special Permit, granted by the Planning Board: 1. Gymnasium, health club, commercial swimming pool, subject to the provisions of Section G below. 2. Other private or quasi-public club, charitable institution, or community service organization except where the chief activity is a service customarily carried on as a business, subject to the provisions of Section G below. 3. Hotel or motel, subject of the provisions of Section G below. 4. Retail establishments, subject to the provisions of Section G below. 5. Personal and consumer service establishments including but not limited to, barber or beauty shop and laundromat, subject to the provisions of Section G below. 6. Business and professional offices; banks subject to the provisions of Section G below. 7. Place of commercial recreation such as a theater, bowling alley, roller skating rink or ice skating rink where the use is conducted entirely indoors. For purposes of this subsection, the term commercial- indoor recreation does not include those uses regulated by M.G.L. Chapter 140, Section 183A. 8. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage, subject to the provisions of Section G below. 9. Parking lots or garages as principal use of a lot, subject to the provisions of Section G below. 10. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. The following uses are only allowed by Special Permit, granted by the Board of Appeals: 1. Bed and breakfast establishments. D Building and Area Requirements 146 1. Minimum lot area: 9,000 square feet plus 2,261 square feet for each additional dwelling unit over three. 2. Maximum Floor Area Ratio (FAR): 0.25, unless modified by Special Permit as provided in Section G below. FAR calculations do not include structured parking. 3. Minimum lot frontage: 65 feet 4. Minimum front yard setback: 5 feet 5. Minimum side yard setback: 25 feet 6. Minimum rear yard setback: 20 feet 7. Maximum building height: 35 feet measured as the vertical distance from the average existing paved street grade along the lot, to the top of the highest roof beams of a flat roof, or the top of the highest ridge of a sloped roof, except that there may be uninhabited space under a sloped roof up to a total height of 40 feet. E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. 2. One off-street parking space for each marina recreational or commercial boat slip shall also be provided. F Sign Requirements 1. All signs in the WDR District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. All WDR proposals, including new construction of any building(s) or water-based structure(s) (pier, slips, wharves, etc.) or any substantial addition(s) to same, must secure the appropriate federal, state, and local permits and licenses. These permits and licenses may include, but are not limited to: U.S. Army Corps of Engineers Permit(s): Massachusetts DEP Division of Wetlands and Waterways Chapter 91 Tidelands License; and City of Beverly Conservation Commission Order of Conditions. Regulations mandated by any state or federal permit or license obtained for any non-water dependent, or water-dependent use (including the applicability of the public trust doctrine) may be more restrictive or require certain public benefits not stated or identified in this ordinance. For any new development or substantial improvement to existing structures within the WDR, the project proponent shall establish the location, if applicable, of the Commonwealth Tidelands (that land seaward of the historic mean low watermark) on any plan or site plan(s) drawn for a Special Permit, Building Permit, or other Permit required under this ordinance. 2. For any use allowed in the WDR District, the Planning Board through a Special Permit process may grant a bonus in Floor Area Ratio (FAR) increasing the FAR from 0.25 up to 0.75, in return for all of the following public benefits: a. The provision, including construction and maintenance, of a public pedestrian walkway along the water, a minimum of 12 feet in width, the exact location to be determined by the Planning Board, designed to connect to existing or future harborfront walkways on adjoining properties. Access from the public street to the harborfront walkway may be required at the discretion of the Planning Board. The walkway shall be open from sunrise to sunset. b. For property which abuts Congress Street, the provision, including construction (but not maintenance) of a public right-of-way along Congress Street, so that there can be five (5) foot sidewalks on both sides. c. All buildings shall be so designed and placed to allow 50-feet wide views to the waterfront at least every 220 feet from the street to the harbor. The longer side of each building shall appropriately be sited in order to preserve water views from the street. d. The provision of an area of the land or building(s) having an area of a minimum of twenty percent (20%) of the floor area for a restaurant or water-dependent use (i.e. an office, commercial, retail or service establishment, or public space which is primarily marine or fishing related) as defined below: 1. Marine-related industries and services, including fish storage, fish products/processing and sales. 2. Harbor/marine supplies and services and ship supply. 3. Boat storage and service facilities, such as boat construction yards, drydock services, boat repair shops, launching ramps, and marinas. 4. Sea/land loading and transfer areas for people and goods, including ferry terminals, loading areas, and docks. 5. Marine-related museums and aquariums, and public service facilities including harbormaster's quarters. 6. Public walkway, parkland dedicated to public use, public fishing area, and public parking. 3. Should the Chapter 91 licensing and permitting regulations (administered by the Department of Environmental Protection), as may be amended, require some or all of the above public benefits, additional public benefits may be required by the Planning Board. H Special Requirements for Multiple Dwellings The development of multiple dwellings which includes town-houses shall be in accordance with the density and dimensional requirements of Section D above, except as may be modified by Section G above, and the following: 147 1. No multiple dwelling shall measure more than 125 feet on its long side; except that where front and rear setback offsets of at least three (3) feet are provided at 50 foot intervals more or less, the length of said dwelling shall not exceed a length of 220 feet. 2. In multiple dwelling groups, the minimum spacing between buildings shall be as follows: front-to-front, front-to-rear, and rear-to-rear 60 feet; end-to-end (with facing windows) - not less than their average height; end-to-end (without facing windows) or corner-to-corner (offset) - not less than one-half of their height. Front-to-rear siting shall be avoided if at all practicable. 3. Interior private ways shall have a minimum width of 24 feet for two-way traffic and 18 feet for one-way traffic and shall be paved in accordance with City specifications. Minimum building-setbacks from such private access drives shall be 35 feet and 30 feet, respectively, from the centerlines thereof, except those portions of drives which may serve parking under the building. 4. All multiple-family dwellings shall be served by public or equivalent sanitary sewer and water systems. No building permit shall be granted unless the Building Inspector shall first receive a report from the Commissioner of Public Works that provision has been made for the disposal of sewage into the system of sufficient capacity. 5. All electrical and telephone service shall be provided underground to all buildings within a multiple dwelling group project. Antennae for the purposes of television reception shall be provided within a building wherever practicable, or else by one master antennae for the project. 6. No multiple dwelling group nor any individual multiple dwelling shall be permitted unless provision shall be made for adequate snow removal and trash and garbage disposal. 7. Sufficient enclosed area and equipment shall be provided within each multiple-family dwelling for laundering and drying purposes. No outside area shall be provided for such purposes, unless such area is enclosed by a solid screen of evergreen shrubs or fencing at least six (6) feet high. 8. A plan showing recreational facilities must be approved by the Planning Board. The area shall be a minimum of 10% of the gross area of the site, shall be contiguous, and shall include the 20% public space area provided for in G.2.d. above. Ordinance read once and held for final passage as per charter provisions 9-0 Vote Meeting adjourned: 10.05 PM Frances A. Macdonald, CMC City Clerk 148