2011-05-16 (2)CITY OF BEVERLY MASSACHUSETTS
JOINT PUBLIC HEARING MINUTES
BOARD OR COMMISSION: Planning Board & City Council
DATE: Monday, May 16, 2011
LOCATION: Beverly City Hall, City Council Chambers
PLANNING BOARD
MEMBERS PRESENT: Chairperson Richard Dinkin, Vice Chairperson John
Thomson, Michael O'Brien, Charles Harris, Ellen
Hutchinson, Ellen Flannery, David Mack, James
Matz
CITY COUNCILORS PRESENT: Chairperson Michael Cahill, Judith Cronin, Patricia
Grimes, Paul Guanci, Kevin Hobin, James Latter,
Donald Martin, Wesley Slate, Maureen Troubetaris
MEMBERS ABSENT: None
OTHERS PRESENT: Planning Director, Tina Cassidy & Assistant
Planning Director, Leah Zambernardi
RECORDER: Diana Ribreau
Dinkin called the meeting to order at 7:20 p.m.
Flannery made a motion to recess and convene the joint public hearing at 7:20 p.m.
but to hold off on beginning the joint public hearing until 7:30 p.m. Motion
seconded by O'Brien. Motion carried 7 -0 -1 with the Chair abstaining.
Cahill and Dinkin called the joint public hearing to order at 7:30 p.m.
Public Hearing: City Council Order #57 — Zoning Amendments relative to: a. Non-
conforming uses and structures (Section 29 -27), and b. IR -IR Overlay District
relative to Green Communities (Section 29 -19)
Public Hearing: City Council Order #61 — Zoning Amendments proposed by Main
Streets (various to Parking, Signage, CC Zoning District)
Dinkin read the legal notice aloud for the record.
Cahill stated that there are 3 members of the public scheduled to testify this evening.
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May 16, 2011 Joint Public Hearing with City Council
Page 2 of 7
a. Non - conforming uses and structures (Section 29 -27)
Cassidy informed those present about the proposal to rewrite Section 29 -27, Non-
conforming Uses and Structures, of the Zoning Ordinance. Cassidy stated that over the
years staff has worked to revise this section of the Zoning Ordinance with respect to the
process and approvals given to properties or uses that don't conform to the Ordinance.
The City previously amended this ordinance as a result of a court case. The City made
modifications to address the judge's concerns as a placeholder but recognized that this
part of the Zoning Ordinance needed an entire overhaul. Cassidy said that many people in
the community worked on the proposed amendments over several years. The
amendments have the full support of the Zoning Board of Appeals, Planning Department,
and the Municipal Inspections Department. Cassidy mentioned that the proposed
amendments were also shared in advance with the Planning Board. Cassidy summarized
the amendments broken down by sections. Cassidy said that the Ordinance is structured
logically into sections, which makes it much easier for the Zoning Board of Appeals and
the average person to use. The amendments address more sections than just buildings and
uses. She stated that the Ordinance adopted 5 or so years ago tripled the number of
people that needed to go to the ZBA for relief. The proposal would allow extensions of
certain situations by right. She stated there are also provisions that limit the extent to
which a nonconforming situation can be enlarged or altered by right. Cassidy concluded
that the amendments are a great improvement from what is there now and asked that the
Planning Board and City Council favorably consider the changes to the Zoning
Ordinance. Cassidy also referred City Councilors and Planning Board Members to Steve
Frederickson, Building Commissioner, for specific questions.
Cahill opened the meeting to questions from City Councilors
Martin asked Cassidy to explain the Ordinance in general terms. Cassidy stated that the
amendments would modernize and update the non - conforming section of the Zoning
Ordinance. She stated the current Ordinance is onerous on the ZBA. She stated that the
proposal would make it much easier for the Zoning Board of Appeals and constituents.
Troubetaris asked a question relative to special permits and variances. Cassidy
responded.
Dinkin opened the meeting to questions from members of the Planning Board.
Hutchinson asked for clarification related to the enlargement of a 1- or 2- family home
that is nonconforming due to street frontage or lot size. Steve Frederickson, Building
Commissioner, responded.
Cahill called for a brief recess of the Public Hearing.
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May 16, 2011 Joint Public Hearing with City Council
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Troubetaris made a motion to recess the Joint Public Hearing in order to continue a
scheduled public hearing from 7:45 p.m. to 8:25 p.m. Motion seconded by Slate.
Motion passed 9 -0 -0.
Thomson made a motion to briefly recess the Joint Public Hearing of the Planning
Board coinciding with the City Council's vote. Motion seconded by Hutchinson.
Motion passed 7 -0 -1 with the Chair abstaining.
Cahill and Dinkin then called the joint public hearing back to order.
b. IR -IR Overlay District relative to Green Communities (Section 29 -19)
Cassidy described the proposed amendment to the IR/IR Overlay District relative to
Green Communities (Section 29 -19). Cassidy stated that the City of Beverly has been
working toward Green Communities Status. Achieving this designation would allow the
City to apply for and if qualified receive grants of some substance towards a number of
initiatives related to Green Communities. Cassidy described the five criteria that the City
must meet in order to qualify.
Cassidy stated that the City Council recently voted on language for the Stretch Energy
Code, which addresses one of the criteria. A new section to the IR/IR overlay district has
been added as part of this proposed Zoning Amendment, which clarifies that renewable
or alternative energy research and development would be allowed in the IR District.
Cassidy stated that the existing language fell short and needs to be updated and made
specific to alternative and renewable energy. Cassidy went over the other criteria and the
City's plans to meet the criteria.
Slate said he is pleased to see progress and noted it is not so easy a task and he
commended those involved in moving the City of Beverly towards a Green Communities
designation.
Troubetaris concurred
Matz referred to Section D (Building and Area Requirements) of the Ordinance that
pertains to the minimum lot size of 2 acres in the IR/IR Zoning District and asked where
there may be such properties within the City of Beverly. Cassidy responded mentioning a
handful of areas that the Ordinance would apply to including Beverly Airport /Cherry Hill
Drive, Brimbal Ave /Sohier & Tozer Roads and 20 -30 acres that are IR -zoned off Boulder
Lane.
Cassidy then referred to Patricia Murphy with respect to the amendment proposed by
Beverly Main Streets.
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May 16, 2011 Joint Public Hearing with City Council
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City Council Order #61 — Zoning Amendments proposed by Main Streets (various
to Parking, Signage, CC Zoning District)
Patricia Murphy, 34 Appleton Avenue, representative for Beverly Main Streets Task
Force discussed the following proposed zoning amendments with respect to Parking,
Signage, CC Zoning District
1. Signage; Murphy stated that currently a variance is needed in order to place or
change certain signs. She stated that the proposal would allow this by special
permit from the ZBA. She gave the definition of a variance and stated that in her
opinion, signage is not likely to show a hardship.
2. Parking Requirements - Section 29 -25A; Murphy stated that there are 2 proposed
changes to this section. One would allow the Planning Board to grant relief from
the parking requirements by special permit. Currently a variance is needed from
the ZBA for parking relief. The second proposal allows that the parking
requirement for residential units in the CC District in a designated commercial
zone on Rantoul Street of more than 1 bedroom be 1 parking space per residential
unit. Currently 2 spaces are required.
Murphy referred to a map showing the area of Rantoul Street that would have the reduced
parking allotment. She stated that this part of the CC District is "transit- oriented" being
so close to the train station. Murphy stated that Beverly Main Streets is proposing to
reduce the number of parking spaces required in this part of the CC District. The
expectation is that people use the train and other mass transit means in this part of the CC
District, which would be South of Roundy Street to the end of Rantoul Street.
Troubetaris asked if the district would include the old Infinity Building. Murphy
responded yes. Troubetaris stated that she is concerned about the cost of living and
gasoline prices are high on that list. She believes that the proposed amendments to the
Ordinance are a great example of efforts towards the Green Communities initiative.
Latter asked if the amendments would affect the IG Zoning District. Murphy responded.
Murphy gave an example of how the proposed Ordinance would apply to parking. She
stated that the Ordinance is not relinquishing any power or authority and that the
applicant would still need to go through City channels to get approved. Murphy added
that the proposed amendments are the product of work from members of the community
who wanted things done to enhance the downtown and encourage development. Murphy
stated that the Zoning Ordinance should be flexible and updated to the City's needs. She
noted that due to time constraints and lack of funds to hire a consultant, it simply could
not all get done. She stated that the Zoning Board of Appeals is strictly volunteer and the
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May 16, 2011 Joint Public Hearing with City Council
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City Council or other Boards do not have time to work on updates and rewrite the Zoning
Ordinance so Beverly Main Streets has begun the process.
Slate noted that the Ordinance Review Committee has been working on Ordinance
amendments but they have not worked on the Zoning Ordinance. Slate asked for
clarification on the map presented to get a better understanding by all that the matter in
discussion is only regarding a part of the CC District.
Mark Glovsky, member of the Beverly Main Streets Permitting Task Force added further
comments to Murphy's presentation. Glovsky stated that constituencies worked for over
6 months analyzing the Ordinance. He referred to Section 29 -25 — Parking
Requirements. He stated that at the moment, a 2- bedroom unit or greater in the CC
Zoning District requires more than one parking space. They are suggesting that the
Ordinance be amended to allow 1 parking space in certain areas of the downtown CC
District because of the reasons Murphy explained, which would make parking in this
situation "As of Right ". Glovsky added that the other proposed amendment is not to
change the requirements but to enable projects by Special Permit that at the moment
require a Variance.
With respect to signage, Glovsky stated that they tried to identify issues in the existing
Zoning Ordinance and eliminate unnecessary hurdles that required extra time and
expenses that may discourage development. The amendments would open the doors to
proposed signs that do not comply with the existing Zoning Ordinance - allowing the
applicant to apply for a Special Permit in that case rather than a Variance. Glovsky
referred to another proposed amendment in Section 29 -17H regarding setbacks, antennas,
recreational facilities, and other such things. He stated that they have eliminated some of
the requirements. At the moment, projects not wishing to comply with these
requirements need a variance.
Slate stated that there are other factors that would influence a developer such as
amenities. It is to the developer's advantage to come up with a project that fits criteria of
the City. Murphy agreed but added that the market will dictate development as well and
the City should offer some flexibility to development in the aforementioned area.
Troubetaris suggested that the amendment have wordage added to put a limit to the
number of bedrooms allowed.
Grimes stated that she is in favor of the changes because it streamlines the process and
offers flexibility where a Variance can be onerous and difficult to sometimes get voted
through.
Latter agreed and added that it supports the smart growth model the City is striving for.
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May 16, 2011 Joint Public Hearing with City Council
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Cahill stated that the goal is to ensure any future development in the CC District be of
high quality and fits into the neighborhood in a positive way. Cahill stated that local
attorneys, downtown business owners, staff, members of the Planning Board, and the
Ward 2 and Ward 3 Councilors all worked together to make this happen and asked
Murphy if she could state the names of the people who worked on the amendments for
the record. Murphy added that it was a collaboration from all those involved to review,
evaluate, and decide. Murphy stated those involved for the record:
Thomas Alexander, Steve Frederickson, Michael Cahill, Mark Glovsky, Miranda
Gooding, Kenneth Hanover, Day Ann Kelly, James Latter, Patricia Murphy, Thad
Siemasko, John Thomson, Gin Wallace and Jason Silva.
Dinkin asked if there are questions from the Planning Board. None.
Cahill called to recess the meeting to further continue the second Public Hearing
scheduled for 7:25 to 8:55 p.m.
Slate made a motion to continue the Public Hearing to 8:55 p.m. Motion seconded
by Guanci. Motion passes 9 -0 -0.
Thomson made a motion to briefly recess the Joint Public Hearing of the Planning
Board coinciding with the City Council's vote. Motion seconded by Hutchinson.
Motion passed 7 -0 -1 with the Chair abstaining.
Cahill and Dinkin then called the joint public hearing back to order.
Miranda Gooding - 10 Hopkins Avenue, also representing the Beverly Main Streets
Permitting Task Force was present to discuss the progress made by the Task Force. She
reminded members of City Council and informed the Planning Board that Beverly Main
Streets presented their Downtown 20/20 initiative in December. The Permitting Task
Force was the principal focus and for the record she thanked co- chairs Michael Cahill and
Patricia Murphy for all of their work. She stated that the Planning Department has also
done a significant amount of work and provided a useful parking survey of past projects
in the downtown area. Gooding added that building the character of downtown and
making it a vibrant place to reside will help downtown thrive. Gooding then asked that
the City Council and Planning Board take their recommendations to heart.
Rosemary Maglio — 30 Pleasant Street made comments pertaining to the proposal. She
commented on the nonconforming section. She stated she is against waivers of the
parking requirements.
Cahill pointed out there is concern over use of public parking lots to meet the parking
requirement and this is a matter that can be looked into.
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May 16, 2011 Joint Public Hearing with City Council
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Maglio reiterated she is against parking waivers. She addressed the change to the IR/IR
Overlay District Ordinance and noted that the alternative and renewable energy facilities
would be uses allowed by right. She stated that this could be interpreted to be wind
turbines. She then questioned if the Main Streets Permitting Task Force proposal was
properly submitted to the Council as a Zoning Amendment. She also commented on the
reduction in parking requirements in part of the downtown CC District and stated that this
is not allowed because the District must be uniform.
Cahill asked if members of City Council have any questions. None
Dinkin asked if members of the Planning Board have any questions. None
Cahill closed the Joint Public Hearing with respect to City Council and referred the
matter to the subcommittee on legal affairs.
Dinkin closed the Joint Public Hearing with the Planning Board and stated that the
Planning Board will reconvene in Conference Room B for a Special Meeting of the
Planning Board.
The Joint Public Hearing adjourned at 8:55 p.m.