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2007-03-19 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: Planning Board, Joint Public Hearing and Special Meeting SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: March 19, 2007 City Council Chambers, City Hall, 3rd floor Chairperson Richard Dinkin, John Thomson, Joanne Dunn, Ellen Flannery, David Mack, Stephanie Williams Eve Geller-Duffy, Charles Harris, Don Walter Planning Director Tina Cassidy Andrea Bray MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Councilor Donald Martin calls the meeting to order. The City Clerk calls the roll. All stand for the pledge of allegiance. 1. Joint Public Hearim!:: City Council Order #35: Prooosed Zonim!: Amendment: Allow 75' buildim!:s on Rantoul Street bv Soecial Permit where 55' is allowed Councilor Hobin recuses himself from this issue and steps down. City Clerk Frances Macdonald reads the public hearing notice. Councilor Martin invites the Chairperson of the Planning Board, Richard Dinkin to join the Council. Dinkin takes a seat at the table. City Planning Director, Tina Cassidy introduces the Zoning Amendment stating that it would authorize the Planning Board to grant special permits for some buildings to be 20' taller than allowed through the zoning ordinance. She describes the history of this issue citing the master plan with its recommendations made for this area, specifically to encourage development in the CC district and suggested one way to promote development would be to allow additional stories on some of the buildings in the downtown. Cassidy adds that there have been two issues that have limited this ordinance, one has been the elimination of Cabot Street from this ordinance, and the other is the development of design guidelines for taller buildings which were finalized in January 2007. She shows the map of Rantoul Street and describes the area which would be affected by this ordinance (Rantoul Street between Bow Street and Edwards Street). Planning Board Minutes March 19, 2007 Page 2 of 5 Cassidy continues by highlighting the major components of this ordinance, which include: . The Planning Board would have the right to grant special permits only after a public hearing, and a site plan review, and review by the parking and traffic commISSIon. . The ordinance only affects buildings which would not abut residential zoning. . The ordinance also calls for clarification to some issues in the zoning ordinance. Cassidy states that she believes that this new ordinance is very important for the future development of the City because it offers an alternative to the continued development of open land which would only shrink the City's limited availability of open space and place the population away from the commercial district. Councilor Martin begins calling from the list of people that have signed up to speak. George Binns of 51 Baker Avenue speaks against the new ordinance stating that this might just be the 21 st century's version of urban renewal and may result in "block busting". He adds that he would rather see the City start to fix the fundamental problem of looking for another revenue source to pay for the schools, and that having a high rise condominium project isn't going to solve the revenue problems. Ann Marie Casey, executive director of Beverly Main Streets, speaks in favor of the ordinance. Al Ditchner, President of the Beverly Chamber, of Commerce speaks in favor of the ordinance, stating that there are currently three 75' tall buildings on Rantoul Street that were built because of variances granted by the Beverly Planning Board, and this ordinance would promote responsible development ofRantoul Street. Rick Marciano of 141 McKay Street speaks against the ordinance stating that he knows people that have given up with the whole process of the City. He states that the City is getting deeper and deeper in debt and this development, although it will generate additional taxes, it will also generate additional expenses. Raymond Arsenault of39 Grant Street speaks in favor of the ordinance. Phil Davidson of 1040 Portham Road speaks in favor of the ordinance. Mary Roderick of 14 Peabody Avenue speaks against the ordinance, citing parking issues and claiming that Rantoul Street will become a canyon. She shows pictures of tall buildings and explains that there will be no light on the street. Planning Board Minutes March 19, 2007 Page 3 of 5 Pam Kampersal of 241 Dodge Street speaks against the ordinance stating that for every $1. 00 of tax revenue we receive it costs $1.25 to maintain. She states that bigger cities pay bigger taxes and warns the people against the notion that this new ordinance will provide any additional revenue. Scott Houseman of 27 Appleton Avenue speaks in favor of the ordinance stating that the kind of development that could occur would have as favorable a result as the development of the Cumming's Center. Bill Howard of 2 Sylvester Avenue speaks in support of the ordinance stating that it is well thought-out and that there will be adequate oversight for all development. He states that the unit owners for these developments will not have children, and that the marketplace is demanding this type of development. Mark Glovsky representing Wind over Development speaks in favor of the ordinance. He debunks the argument about the increased infrastructure costs because the infrastructure is already in place and Wind over has paid over $65,000 for improvements in water lines and sidewalks. He debunks the canyon effect on Rantoul Street with the stepping effect of the buildings in the ordinance. He debunks the parking problem because the Wind over executives have advised the Beverly Depot people and the City officials that they will do everything in their power to enhance the parking situation instead of exacerbating it. Paul Fitzgerald of 60 Rantoul Street lives at the Gateway Condominiums and speaks against the ordinance stating that his view will be destroyed by a new high-rise building beside his building. Rene Mary of 274 Hale Street requests that the City Council not vote on this issue tonight. She speaks against the ordinance. Pete Nuccio of 141 Park Street speaks against the ordinance stating that the people on the top two floors will be in danger. Rosemary Maglio of 30 Pleasant Street speaks against the ordinance. She speaks about the City officials and Board members that attended the Wind over open house. She lists 16 reasons why she is against this ordinance. Councilor Martin cuts Ms. Maglio off after 35 minutes. Maglio states that she as 65 photos and that she wishes to admit these photos into the record. Planning Board member John Thomson states that he wishes to leave the Planning Board portion of this meeting open after the City Council closes their hearing so that he will be able to see Maglio's photographs. Planning Board Minutes March 19, 2007 Page 4 of 5 Duane Anderson of 41 Front Street represents the Ward 2 citizens group and speaks against the proposal stating that he is specifically against the height and the density allowed in this ordinance. Councilor Martin reads a letter from Councilor Guanci in support of the ordinance. He asks if any Councilors have any questions or comments. Planning Board Chairperson Richard Dinkin states that the time limit for a decision will be 30 days from the time that the Planning Board closes the public hearing. (Note: Later clarified to be 21 days) Councilor Troubetaris asks if it would be wise to hold this hearing open. Councilor Martin states that he wishes to close the City Council portion of this public hearing. Coughlin: Motion to close the City Council portion of the public hearing, seconded by Flaherty. All members vote in favor. The motion passes 7-0. Councilor Martin closes the City Council portion of the public hearing. Thomson: Motion to continue the Planning Board portion of the public hearing in the Conference Room A tonight, seconded by Flannery. All members vote in favor. The motion passes 6-0. Dinkin states that the Planning Board will recess until 8:55 p.m., and reconvene in its new location in Conference Room A. Dinkin calls the special meeting of the Planning Board to order Thomson: Motion to recess the regular meeting and continue the public hearing for City Council Order #35, seconded by Flannery. All members vote in favor. The Chair votes in favor. The motion passes 6-0. Thomson: Motion to limit this portion of the hearing to 1Iz hour, seconded by Flannery. All members vote in favor. The Chair votes in favor. The motion passes 6-0. Dinkin asks Ms. Maglio to show her photos. Maglio shows her 65 photographs, explaining each one. Many of the photos display the way that currently sunlight can shine on some buildings and explains that this may stop with the development of tall buildings in this area. She also shows photographs of some shadows cast by the tall buildings that are currently in the area. Planning Board Minutes March 19, 2007 Page 5 of 5 Scott Houseman of 27 Appleton Avenue speaks in favor of the ordinance but shares a concern about one point, the shadow impact on the Veteran's Memorial Park. He states that he wishes to have the City avoid any development that will cast a long shadow on the Veteran's Memorial Park and he wishes the park and the post office would be excluded from this ordinance. Thomson: Motion to close the public hearing, seconded by Flannery Thomson: Motion to table the discussion of this issue and all other agenda items until the meeting tomorrow night, seconded by Flannery. All members vote in favor. The Chair votes in favor. The motion passes 6-0. Mack: Motion to adjourn, seconded by Flannery. All members vote in favor. The Chair votes in favor. The motion passes 6-0. The motion is adjourned by 9:40 p.m.