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2006-11-06 with City Council CITY OF BEVERLY PUBLIC MEETING MINUTES Date: November 6, 2006 Board: Joint Public Hearing of the Planning Board and the Beverly City Council Location: Beverly City Hall –City Council Chambers Planning Board Present Chairman Richard Dinkin, Ellen Flannery, Joanne Dunn, John Thomson, Don Walter, and Charlie Harris Planning Board Absent David Mack, Peter Thomas, and Eve Geller-Duffy City Councillor’s Paul Gaunci, Timothy Flaherty, William Coughlin, Present Miranda Gooding, John Burke, Kevin Hobin, Donald Martin, Patricia Grimes, Maureen Troubetaris Members Absent: None Recorder: Eileen Sacco Gaunci calls the meeting to order at 7:10 p.m. City Clerk Frances Macdonald called the roll. Gaunci led those present in the Pledge of Allegiance. Joint Public Hearing – City Council Order 170 – Proposed Zoning Amendment to Section 29-26.C – Nonconformity and Reconstruction after Involuntary Destruction & Nonconformity after Voluntary Demolition Gaunci invites Dinkin to join him at the podium. Macdonald reads legal notice. Gaunci notes that City Planner Tina Cassidy and Robert Munroe of the City Solicitor's office are present at the meeting this evening to answer questions about the proposed zoning changes. Munroe addresses the City Council and the Planning Board and explains the history of how this amendment came about. He explains that the most famous case involving this was a property on Lothrop Street that the owner tore down and replaced with a single 1 family house rather than a three family which was in violation of the zoning. The owner in turn filed several suits against the city which ended up in land court and the question arose as to Zoning Ordinance Section 29-26 being in direct contradiction with M.G.L. Chapter 40A Section 6 and he agrees. He explains that this law clearly states that you cannot control the reconstruction of single family or two family dwellings. He explained that it was discussed that if there is a problem with that zoning it should be changed and would therefore render the charges in the lawsuit moot. He explained that they met with City Planner Tina Cassidy and reviewed the Ordinance and they have prepared this amendment. City Planner Tina Cassidy addressed the City Council and the Planning Board and explained the changes and clarifications that they propose. She explained that in addition to the proposed changes in the amendment several provisions need to be stricken from the ordinance in order for the proposed changes to make sense. She explained the provisions that need to be stricken. Bob Nelson addressed the City Council and the Planning Board and stated that he feels that this gives guidelines on this issue and it is totally livable for the city. Scott Houseman, Chairman of the Zoning Board, addressed the City Council and the Planning Board and noted that there is a trade off to give rights to the owners who want to voluntarily demolish buildings that need to and replace them with an improved structure. He also notes that it is important that the buildings not be increased in size too much. Gaunci asks if there are any questions from the members of the City Council or the Planning Board. Gaunci asks if there are any questions from members of the public who are present. There being none be declared the public hearing closed. The meeting was adjourned at 7:15 p.m. The Planning Board convenes its special meeting immediately after. Dinkin calls the meeting to order at 7:30 p.m. Proposed Zoning Amendment – City Council Order 170 – Recommendation to City Council on Proposed Zoning Amendment to Section 29:26.C – Nonconformity and Reconstruction after Involuntary Destruction & Nonconformity after Voluntary Demolition Dinkin asks what the pleasure of the Board is on this. Thomson states that his personal feeling is that the Chairman of the Zoning Board is comfortable with this then the Planning Board should recommend approval. 2 Thomson moves to recommend approval of the zoning amendment to Section 29-26.C – Nonconformity and Reconstruction after Involuntary Destruction & Nonconformity after Voluntary Demolition. Walter seconds the motion. The motion carries. Approval of the Minutes The minutes of the Planning Board meeting held on September 5, 2006 were presented for approval. Thomson moves to approve the minutes as amended. Walters seconds the motion. The motion carries. The meeting was adjourned at 7:40 p.m. 3