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2007-01-18 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: Planning Board, Special Meeting MEMBERS ABSENT: OTHERS PRESENT: January 18, 2007 Conference Room A, Beverly City Hall Chairperson Richard Dinkin, Vice-Chair John Thomson, Don Walter, Charles Harris, David Mack, Joanne Dunn, Ellen Flannery arrived at 7:25 p.m. Eve Geller-Duffy Assistant Planning Director Leah Zambernardi Andrea Bray RECORDER: Chairperson Dinkin calls the meeting to order. 1. Bass River Estates: Expiration of Construction Completion Date (Foh!:er Avenue Extension) - Joseph J. Phelan III. Bass River. LLC. Zambernardi states that the applicant has requested a one-year extension of the construction completion date. She reads a letter from the Engineering Department which recommends a one-year extension. Walter: Motion to extend the construction completion date for one year, seconded by Mack. All members are in favor. The motion passes 6-0. 2. Subdivision Approval Not Reauired (SANR) 30 Beaver Pond Road - Gwen Cohen Zambernardi distributes the plan and explains that the applicant wishes to divide the parcel into 4 buildable lots in the R-45 zone. She adds that all lots have sufficient frontage and area to qualify for endorsement, and that the owner will need OSRD review before obtaining building permits for the new houses. Michael Juliano of Meridian Engineering, representing the applicant speaks briefly about the subdivision plans. Thomson cautions Juliano about seeking ANR endorsement from the Planning Board prior to an OSRD review, stating that the lot boundaries may need to change as a result of the review, and this would mean that the applicant would need to come before the Board again with new plans. Planning Board Minutes January 18, 2007 Page 2 of 4 Juliano states that he wishes to move forward with the ANR endorsement. Thomson: Motion to endorse the ANR, seconded by Walter. All members are in favor, none in opposition. The Chair votes in favor. The motion passes 6-0. 3. Proposed Zonim!: Amendment: Residential Reuse of Existin2 and Former Public Buildin2s: Recommend Joint Public Hearin2 Date Zambernardi reminds the members that last year Tina Cassidy and Mayor Scanlon submitted a proposed zoning amendment relating to the residential reuse of public buildings. She adds that this ordinance was turned down due to some Councilors' concerns about the Planning Board becoming the special permit granting authority. She states the public hearing is tentatively scheduled for Monday, February 5, 2007, at 7:00 p.m. Thomson: Motion to recommend to the City Council that it schedule a Joint Public Hearing, seconded by Mack. All members are in favor, none in opposition. The Chair votes in favor. The motion passes 6-0. 4. 10-12 Con2ress Street (Former Ventron Site). Site Plan Application #88-07 and Special Permit Application #114-07: Set Public Hearin2 Zambernardi reminds the group that the City Council recently approved a rezoning of the former Ventron Site from IG to a new WDR District. She adds that this re-zoning was approved with a restrictive covenant, which limits the maximum height and the number of units to 72. Zambernardi states that the Council also required that the DRB review and approve plans complying with the covenant, and that the developers have received this approval from the DRB and recently submitted applications to the Planning Board for Site Plan and Special Permit approval. She recommends that the Board schedule a public hearing on March 20,2007. Thomson: Motion to schedule a public hearing on March 20, 2007, seconded by Dunn. All members are in favor, none in opposition. The Chair votes in favor. The motion passes 6-0. 5. Review of Inclusionarv Zonin2 Draft Ordinance - Judith Barrett. Consultant Dinkin recommends allowing Don Preston of the Beverly Affordable Housing Coalition to participate in the discussion of this ordinance review. Thomson: Motion to allow Preston to participate in the discussion of this ordinance review, seconded by Walter. All members are in favor, none in opposition. The Chair votes in favor. The motion passes 6-0. Planning Board Minutes January 18, 2007 Page 3 of 4 Dinkin invites Preston to sit at the table and participate in the discussion with Barrett. Barrett provides a summary of the ordinance while reviewing some key points about the goal of providing adequate affordable housing. She states that in general, wherever there is residential development the builder has an obligation to include 12% affordable housing, and if the applicant provides required affordable housing, he may be allowed some additional density. Flannery arrives at 7:25. Barrett explains that a developer that builds less than 10 units may pay a fee to become exempt from the ordinance. She adds that if a builder exceeds the required 12% affordable units, the builder will be awarded affordable housing credit units, which may be used to exempt him from adding affordable units in another development. Dinkin states that these credits are assignable and transferable. Barrett agrees and explains that it is possible for a developer who earns these credit units to sell or transfer them to another builder. Thomson asks how this interacts or relates to MGL 40B. Barrett states that if this City became subject to 40B, it would supersede this ordinance. Mack asks about paragraph G4. He then asks what the standard would be to grant a special permit. He suggests adding "another development or developer" to clarify this section. Zambernardi asks for clarification of the effect that this ordinance will have on the site plan review. Much discussion ensues about the procedure for site plan review. Thomson suggests some changes. Mack asks about G4. He states that the current language suggests that after the credit is assigned, there are no restrictions or time limits on the credit units. He suggests clarifying the language to include a restriction for application of the credit units after assignation. Mack asks who will determine the in lieu of fee. Barrett states that the Planning Department will set the fee. She adds that developers typically prefer to pay the fee in order to be exempt from this ordinance. Planning Board Minutes January 18, 2007 Page 4 of 4 Dinkin explains that he comes from not accepting a fee for any reason and comes to accepting it for the reason that he wishes to see some development. He adds that he is in favor of raising the fee. Much discussion ensues about the development of a Housing Trust Fund with the fees collected through this ordinance. Dinkin suggests that Barrett make the changes that have been recommended at this meeting and send it to Zambernardi. He then asks Barrett when she will be able to meet agaIn. Barrett and the members discuss possible future meeting times. Dinkin states that he will be unable to meet for approximately one month. He adds that he is not opposed to having the Board hold the meeting in his absence. Barrett suggests February 7 at 7:00 p.m., and the members agree to meet then. Dunn asks the procedure for advertising a lottery for affordable housing. Barrett states that the City must have a definitive marketing plan as outlined by State guidelines. There is some more discussion of the ordinance prior to the end of the session. Mack: Motion to adjourn, seconded by Dunn. All members are in favor, none in opposition. The Chair votes in favor. The motion passes 7-0. The meeting is adjourned at 8:45 p.m.