2012-06-04CITY OF BEVERLY MASSACHUSETTS
JOINT PUBLIC HEARING MEETING MINUTES
BOARD OR COMMISSION: Planning Board
SUBCOMMITTEE: -
DATE: Monday, June 4, 2012
LOCATION: Council Chamber, City Hall, third floor
PLANNING BOARD
MEMBERS PRESENT: Chairman Richard Dinkin, Vice Chairman John Thomson,
Ellen Hutchinson, Ellen Flannery, James Matz, John
Mullady, Michael O'Brien, Charles Harris
MEMBERS ABSENT: David Mack
CITY COUNCIL
MEMBERS PRESENT: President Paul Guanci, Vice President Wesley Slate, Jr.,
Maureen Troubetaris, James Latter, Scott Houseman,
Donald Martin, Brett Schetzsle, Jason Silva, D. Scott
Dullea
OTHERS PRESENT: Planning Director Tina Cassidy, Assistant Planning
Director Leah Zambernardi, Associate Planner Kate
Newhall
RECORDER:
Diana Ribreau
Council President Guanci called the joint Public Hearing to order at 7:20 p.m.
At this time, Guanci asked Dinkin to join the Council at the podium.
Public Hearing: 7:20 p.m. - City Council Order #72 — Zoning Amendments relative to
Accessory Apartments (Section 29 -2.11.1 and Section 29- 24.C.)
Connelly read the public notice for the record.
Cassidy stated that a committee was created to focus on the zoning amendment changes. A
redline version of the amendment has been submitted for review relative to Accessory
Apartments. Cassidy introduced Day Ann Kelley and Scott Ferguson who are present to assist
with questions. Cassidy described the following changes:
1. Accessory Apartments and # of occupants. Change from one to two family members
allowed in accessory apartments.
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City Council /Planning Board
June 7, 2012
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2. From "an administrative level" has been removed from the ordinance. Cassidy stated that
responsibility remains with the City Building Inspector.
3. Currently there is a minimum square feet and additions are not allowed. Additions now
acceptable and a percentage based on the size of the building will replace square feet
allowed.
Troubetaris explained that she has dealt with this in the past and questioned if it holds true that if
an abutter opposes the accessory apartment with the ZBA, it automatically gets turned down.
Cassidy responded that the ZBA looks at all of the criteria before making a decision regardless if
an abutter is opposed.
Houseman commended the Committee for their work in improving the Zoning Ordinance,
particularly on the administrative side.
Kate Newhall, Associate Planner for the Planning Department, stated that she researched and
polled other Massachusetts communities and received 15 responses. The proposed zoning
amendments are in direct line with the other community policies. Newhall explained that the
following has been added to the Ordinance:
1. Definition
2. Intent and objectives
3. Physical conditions and requirements
4. Process, requires affidavit
In conclusion Newhall stated that the zoning amendments are now clear, concise, and easy to
understand.
Hutchinson requested clarification on the definition of relative. Newhall replied.
Rosemary Maglio, 30 Pleasant Street, Beverly, requested the number of existing accessory
apartments in the City and more specifically in what Ward. Maglio expressed her opinion that
she believes if a second kitchen is added to a home it becomes an apartment.
Cassidy responded that she does not have the exact number on hand, but believes there has been
less than a dozen in the last 20 years. Cassidy added that the Building Inspector would have more
concrete numbers.
In reference to adding a kitchen to an accessory apartment, Cassidy explained that the City
building code doesn't prohibit more than one kitchen in any home. Having an accessory
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apartment vs. a rental apartment are clearly separate. It becomes an enforcement mechanism and
the most appropriate way to ensure that it is not rented out as an apartment.
Council member Martin asked how long accessory apartments have been allowed in the City.
Cassidy responded since 1987.
Peter Johnson, 677 Hale Street spoke in support. Johnson discussed a situation in his
neighborhood and his own family relevant to the need for accessory apartments. Johnson stated
that it is his opinion that there is a great deal of independence and dignity offered by having a
separate kitchen for those individuals that need it and for that purpose and from an enforcement
aspect he believes it is a good idea.
There being no further questions from the Board /Council members and the public, Guanci closed
Public Hearing #72. Dinkin closed Public Hearing #72.
Public Hearing 7:30 p.m. - City Council Order #102 — Zoning Amendments relative to
Floodplain Overlay District Ordinance and Adoption of FEMA maps.
Connelly read the public notice for the record.
Cassidy stated that Roland Adams from the City Engineer Department and Richard Zingarelli,
State Hazard Mitigation Officer for the Mass Department of Conservation and Recreation Flood
Management Program, are present
Cassidy stated that the City was notified by FEMA in 2009 with draft amendments to FERM
maps showing changes to the Floodplain maps to be effective July 3, 2012. Cassidy explained
that the City Ordinance has been amended to reflect FEMA requirements to the Flood Plain
Overlay District. In order for residents who own property within flood hazard areas to remain
eligible for insurance through the National Flood Insurance Program it is important to update the
flood overlay district so that all residents that have been or now are located in a flood zone area,
and new properties, can be eligible. At the time, Cassidy stated that the planning staff met with
City Council, noting it was televised on BEVCAM, and a letter to close to 700 residents was sent
out informing them of such. Cassidy pointed out that it is important to know that the City cannot
make representation of a property being in or out of the flood area but is responsible for
notification to its citizens that a change has happened.
Council President Guanci asked Cassidy if the submission included a request that City Council
sponsor the amendments in order to meet Mass General Law. Cassidy responded yes.
Council member Slate suggested that staff be careful on the numbering of the articles. With
renumbering of the entire Ordinances the City Solicitor will need to provide accurate numbering.
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He suggests a representative from the State is present to answer questions since it was a FEMA
initiative.
Council member Troubetaris asked how far the new floodplain zone goes compared to before.
Troubetaris expressed concerns over the high cost of flood insurance and the impact on
individual Mortgages.
Cassidy distributed the map to Council/Board members present.
Adams gave statistics... as of the end of February 2012 the City had 299 policies in force with a
total insured value of $67.351. The total premium of $271,449 works out to an average of
$908 /year. Adams stated that the new floodplain map area impacts every Ward in Beverly.
Adams presented a copy of the map and pointed out each Ward and where it is affected. Adams
concluded stating that drainage projects done in the City have helped all of the areas.
Council member Troubetaris contends Adams statement of an average of $900 /year and feels it
is much higher than that.
Adams stated that it should be recognized that the current flood plan designated on FERM Maps
are defined by topographic data and are much more accurate than the old maps.
Zingarelli stated that any proposed improvements or disputes made can be sent to FEMA and
they will review and determine its findings. It is important to submit engineering data. FEMA
will incorporate that data to the maps if accurate. Zingarelli noted that the flood elevation has
not changed. FEMA used topographical data based on ground data.
Council member Slate asked Adams if the City website and GIS maps have been updated to
reflect the changes. Adams responded yes and explained the process. Adams stated that the
property owner must make a make a judgment whether the property is in or out of the flood area.
Council member Slate asked what the steps are to a homeowner if they believe they are in the
floodplain zone. Adams explained that the first step is to contact the individual's homeowner
insurance agent. Adams stated that homeowners insurance doesn't normally cover flooding but
most agents can write flood insurance thru the National Flood Insurance Program. Adams
explained the benefit to obtaining insurance before the FEMA regulation goes into effect.
Adams noted that some homeowners would be eligible for grandfathering the premiums.
Council member Slate stated that property owners have less than 30 days. If a property is not
currently in the flood zone, they should look at the new map to see if they are in flood zone now.
The public needs to do this very quickly.
Council member Martin asked about notification to homeowners.
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June 7, 2012
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Council President Guanci stated that notification and reminder could be put in the Citizen and
Salem newspaper.
Cassidy reiterated that letters were distributed to over 700 people in 2009 notifying them of the
changes to come, however can notify citizens again. Cassidy also reiterated her earlier comment
about the City not being responsible to notify a homeowner if they are in a floodplain zone, only
of the changes being made and steps they can take.
Council President Guanci asked what happens if the City does not accept revisions. Cassidy
responded as of July 3, 2012 no one in Beverly would be eligible for flood insurance.
Adams concurred with Cassidy adding that if the Zoning amendments and map were not adopted
by the City, FEMA would suspend those homeowners that are in a floodplain from obtaining
flood subsidy and prevent any new homeowners from obtaining a policy. Those insured in a
current term would not be able to renew their policy. In addition, other federal assistance would
not be available to the City and if there were a City declared disaster, damages to city owned
property would not be covered.
Council member Troubetaris asked how a homeowner qualifies for assistance if a storm that it is
not considered a federal disaster affects their property. Adams explained that it does not need to
be a federal disaster for homeowners to get coverage and explained the process to file a flood
insurance claim.
Council member Silva requested someone briefly highlight and explain the changes to the flood
zone. Adams responded describing it in general terms stating that the flood zone moves
somewhat westerly on the new map.
Silva asked if there are any other impacts to an individual homeowner other than the flood
insurance implications. Cassidy responded stating if a property owner is in the flood plain
overlay district, they need to comply with the regulations. If a new house is built, the lowest
floor area is dictated by the known height of the base flood elevation and may be reviewed under
the ordinance.
Council member Houseman stated that he has a copy of the 2004 Zoning Ordinance with him
noting that the Floodplain Overlay District is much shorter than what is presented asking if the
additional language added is standardized language to be adopted. Cassidy responded yes.
Adams also responded stating that the language is not dramatically different except for a few
clauses.
Planning Board Chairman Dinkin asked the members of the Planning Board if there are any
questions.
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June 7, 2012
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Planning Board member Matz asked how long the City has known this change was coming.
Adams responded stating approximately 6 -7 years ago. Adams stated that Staff members
supplied FEMA with topographic area and projects on the way at the time were discussed.
Adams added that in his opinion, there has been sufficient public feedback. Cassidy informed
Matz that there was a period of time for public comment in 2009 and she feels the City did what
they could to get the word out. Homeowners have had a couple of years to present a case for
those that may dispute being in a flood zone.
Zingarelli stated that homeowners always have the ability to file for a Letter of Map Amendment
to be removed from a flood zone and that the Flood Zone Map is not fixed and always subject to
review.
Council member Troubetaris asked if there is flood insurance coverage to blocked city storm
drains. Zingarelli responded that flood insurance covers flooding from any cause as long as it is
over land. If there is rising water over land and covers the structure, flood insurance covers that.
Planning Board member Matz asked if the Ordinance is a benefit to the City and the people.
Cassidy responded yes, stating it would result in safer structures and having the ability to obtain
flood insurance is a positive feature for the City and its residents. Without the Ordinance, neither
would be able to obtain subsidized flood insurance or any other assistance from FEMA.
Ron Kosta, 14 Atlantic Ave., Beverly discussed a situation that occurred with a neighbor near his
second home during hurricane Irene and described how elevation plays an important part in
FEMA situations. Kosta stated that in his and his neighbors experience FEMA doesn't pay -off
100% if you've had a total loss. FEMA gave 1/3 of what their total loss was, however he noted
it was not in Massachusetts. Kosta feels FEMA is looking for customers and this is the easy way.
Kosta stated that in order to be removed from the Flood Map in the event a homeowner feels
they are not in the flood zone, the homeowner is required by FEMA to obtain a survey that is
costly to the homeowner ($500). Kosta commented on the Goat Hill area and 32 Dane Street
both of which are in flood zone but chances are they do not need flood insurance. Kosta
concluded by stating he is not convinced it's a good thing, homeowners need to know exactly
what they are signing up for and thinks it should be looked into further.
There being no further questions from the Board /Council members and the public, Council
Guanci closed Public Hearing #102. PB Chairman Dinkin closed Public Hearing #102.
Public Hearing: 7:45 p.m. City Council Order #100 — Amendment to Zoning Ordinance —
Re- designation and renumbering of Zoning Ordinance Chapter
Connelly read public notice for the record.
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June 7, 2012
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Cassidy strongly recommends adopting changes to the City Ordinance and feels it is appropriate
to amend and have the same structure as the remaining document by renumbering paragraphs
and subparagraphs throughout the Ordinance
Council member Slate stated that the Ordinance has been under review for the past couple years
however the Zoning Ordinance was not touched as part of that review. Slate referenced the
renumbering of what was Chapter 29 to Article 38 in the new document. It is the intention of
legal affairs that any changes proposed to the Ordinances be submitted to Council and that Public
Hearing #100 is a matter of administrative change only.
Council member Troubetaris asked if the Ordinance document allows for space to amend or add
to them if necessary. Cassidy concurred.
Council member Slate added that the intention of legal affairs starting this term will be that any
change proposed to the Ordinance be submitted to the City Clerk which is then referred out to
Legal Affairs and to also be submitted to the City Solicitors Office with changes first to avoid
some of the embarrassments that happened in the past. This change will make things move
quicker and be more efficient.
Council member Houseman asked how far the renumbering is within the document. Slate
responded throughout. Slate stated that the formatting will be the same as the rest of the
Ordinance and numbering will be consistent throughout as well.
PB Chairman Dinkin requested questions or comments from members of the Planning Board.
None.
Council President Guanci requested questions from public
Rosemary Maglio, 30 Pleasant Street, Beverly, requested to have a description of the topic or
some sort of heading as well as the Zoning Change number when advertised under legal notice in
the newspaper. Maglio stated that when you have zoning changes and the Zoning # is the only
thing listed in the legal notice the public doesn't know the topic.
Council President Guanci replied that Maglio makes a good point and will mention the request to
the appropriate staff
Council President Guanci extended his thanks and appreciation to all Council Members that have
worked on the City Ordinance since 2000 and helped with the changes.
There being no further questions from the Planning Board /City Council members and the public,
Council President Guanci closed Public Hearing #100. PB Chairman Dinkin closed Public
Hearing #100 at 8:25 p.m.
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June 7, 2012
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