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2012-10-15CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Joint Public Hearing of the Planning Board and the Beverly City Council Date: Monday, October 15, 2012 Location: Beverly City Hall, City Council Chambers Members Present Chairman Richard Dinkin, Vice Chair John Thomson, Ellen Flannery, James Matz, John Mullady, Michael O'Brien, Charles Harris, David Mack Councilors Present: Council President Paul Guanci, Vice President Wes Slate, James Latter, Maureen Troubetaris, Don Martin, Scott Houseman, Jason Silva, Scott Dullea, Brett Schetszle Members Absent: Ellen Hutchinson Others Present: Assistant City Planner Leah Zambernardi, City Planner Tina Cassidy Recorder: Leah Zambernardi/Eileen Sacco Guanci calls the meeting to order at 7:15 p.m. Dinkin joins the Council on the council podium. Recess for Public Hearings Thomson moves to recess for public hearings at this time. Flannery seconds the motion. The motion carries (7 -0). a. Continued Joint Public Hearings — City Council Order #169 — Zoning Text and Map Amendments Relative to Water Supply Protection Overlay District, Article XXXVIII, Section 38.31C. (Formerly Section 29 -31C of the Zoning Ordinance b. City Council Order #170 — Zoning Amendments Relative to Article XXXVIII, Section 28.28.C.1 and 38.28.C.2 (Formerly Section 29- 28.C.1 an 29- 28.C.2. of the Zoning Ordinance Guanci calls the continued public hearing to order noting that the hearing was opened at the September 4, 2012 meeting. He recalls that the hearing is relative to the proposed Zoning Text and Map Amendments Relative to Water Supply Protection Overlay District, Article XXXVIII, Section 38.31C. (Formerly Section 29 -31C of the Zoning Ordinance. Pam Kampersal and Mary Rodrick, representing the Safe Drinking Water Alliance, addressed the Board and Councilors and made a power point presentation as a follow up on information given at the initial public hearing on the matter. Guanci asks for comments from City Councilors at this time. Beverly Planning Board Public Meeting Minutes October 15, 2012 Councilor Silva stated that he would like to hear from Planning Officials on the amendment proposed. City Planner Tina Cassidy addressed the Board /Council and reported that the proposal was vetted by numerous agencies including the Conservation Commission, Open Space and Recreation Committee, the Salem Beverly Water Supply Board, the Airport Commission, the Planning Board and the Planning Department. She explained that while there was general consensus that the 1987 ordinance and boundary maps are outdated and should be revised and support from some agencies, others had numerous concerns over certain components of the proposal which let to Councilor Martin heading up a Committee that included Cassidy, James Matz, and Mary Rodrick to further review and refine the proposal so that it may eventually be proposed as a zoning amendment. Cassidy noted that the result of the work of that committee is the proposal before the Council. Thomson asked if the current watershed protection overlay district does not comply with state laws and regulations. Cassidy stated that there are no violations that she is aware of She noted that she has asked the Safe Drinking Water Alliance for specific citations of the suggested violations but she has not received a response. Councilor Slate noted the time and noted that there are two other public hearings on the agenda this evening and suggested that the public hearing be recessed until 8:30 p.m. at which time the public hearing will be reconvened. Councilor Silva moves to recess the public hearing at this time. Councilor Martin seconds the motion. The motion passes. Dinkin asks for a motion from the Planning Board to recess the public hearing until 8:30 p.m c. Joint Public Hearings — City Council Order #195 — Zoning Amendment to Article XXXVIII Sections 38- 28.C.2 and 38 -17C (formerly Section 29- 28.C.1 and 28- 28.C.2 of the Zoning Ordinance Guanci calls the public hearing to order and asked the City Clerk to read the legal notice for the public hearing. Councilor Guanci stated that Councilor Houseman introduced this order and called on him to review the matter. Houseman addresses the Council/Board and explains that it is an attempt to clarify language encouraging the Planning Board to give attention to the goals of the zoning. Houseman explained that in consultation with Tina Cassidy he has submitted a zoning amendment to address concerns about attractiveness and physical quality of developments taking advantage of the UCH -TIF program. He noted that this would add criteria to be considered during the public discussion and city board deliberations when a development is proposed in a TIF district. Page 2 of 9 Beverly Planning Board Public Meeting Minutes October 15, 2012 Houseman reported that he has reached out and talked with a number of business owners relative to the TIF discussions and many are in favor of it. He noted that the goal of the TIF is to encourage more development along Rantoul Street and the goal of the order does that. Slate addresses the Council/Board and states that he sees this as an amendment to the TIF proposal that is currently in discussions. Houseman states that he sees this as something to add along the way, not as an amendment to the TIF proposal. Councilor Latter addresses the Council/Board and noted that this would apply to all projects in the CC zone throughout the city. Councilor Troubetaris questioned what the financial burden to the city would be. Houseman stated that the result would be a more vital Rantoul Street Councilor Guanci opened the hearing up for public comment at this time. Mary Grady addressed the Council/Board and expressed her concern that if this is too stringent it could result in empty storefronts and that should be taken into consideration. Grady also noted that insuring smart growth in the downtown is important. She also noted that the ordinance should be thoroughly considered when granting waivers for projects. Mary Rodrick of 14 Peabody Avenue addressed the Council/Board and questioned why the TIF proposal is not being reviewed by the Planning Board. Bill Finch, a member of the Design Review Board addressed the Council/Board and stated that he is in support of the TIF proposal. He noted that guidelines for tall buildings in the downtown have seen some problems with a one -size fits all approach regarding setbacks. He requested that the matter be reviewed and modified if necessary. Councilor Guanci suggested that he would like to recess the public hearing at this time until 9:00 p.m. Councilor Slate moved to recess the public hearing until 9:00 p.m. Councilor Silva seconded the motion. The motion carried. Thomson moved to recess the public hearing until 9:00 p.m. Flannery seconded the motion. The motion carried. a. Continued Joint Public Hearings — City Council Order #169 — Zoning Text and Map Amendments Relative to Water Supply Protection Overlay District, Article XXXVIII, Section 38.31C. (Formerly Section 29 -31C of the Zoning Ordinance b. City Council Order #170 — Zoning Amendments Relative to Article XXXVIII, Section 28.28.C.1 and 38.28.C.2 (Formerly Section 29- 28.C.1 an 29- 28.C.2. of the Zoning Ordinance Page 3 of 9 Beverly Planning Board Public Meeting Minutes October 15, 2012 Councilor Guanci reconvened the public hearing on the Water Supply Protection Overlay District. Councilor Guanci resumed public comments at this time. James Matz addressed the Council/Board and explained that he was a member of the Ad Hoc Committee that reviewed and refined the proposal. He noted that he volunteered to be on the Committee at the request of Councilor Martin and he did so, not as a member of the Planning Board. He explained his background in environmental consulting. Matz noted that the task of the Ad Hoc Committee was to update the 1987 ordinance and strengthen it so as not to allow any further release of oils and other pollutants into the drinking water. He explained that regarding the question of whether the city is in violation of the 1987 ordinance, there is no easy answer. He explained that there are numerous underground storage tanks that have been installed near the watershed. He noted that all of the tanks are permitted however, a number of them should not be where they are located and oils and hazardous materials are being released into the water. Matz reported that the Ad Hoc Committee met with the Beverly Airport Commission and held an informational session. He explained that aircraft and automotive repairs are allowed in the watershed district as long as it complies with state and federal environmental regulations. He also noted that vehicle and aircraft washing is allowed as well. Matz noted that he has been an environmental consultant for 25 years and he has worked with various airports around the state as well as the Barnstable Airport in Hyannis. He explained that Cape Cod has some of the more stringent regulations that he has seen. He stated that he would like to see more stringent regulations considered for Beverly to prevent any further release of oils and hazardous materials into the drinking water. He noted that the additional action would protect the watershed area. Paul Vitale, Chairman of the Beverly Airport Commission addressed the Council /Board and stated that he has no problem with the proposal. He noted that there are a few words that could be taken out of context by some departments and boards. He stated that he would like to sit down and review them regarding the washing of vehicles and the storage of fuel. Mr. Marciano addressed the Council/Board and stated that he has no problem with the proposal and he is in favor of it. He also stated that he is concerned about some water meters not being used. Rosemary Maglio of 30 Pleasant Street addressed the Council/Board and stated that she has not reviewed the proposal but she feels that the Safe Drinking Water Alliance spent a lot of time on the proposal. She also questioned why underground storage tanks are being allowed at all. Page 4 of 9 Beverly Planning Board Public Meeting Minutes October 15, 2012 Slate noted that the Council received a memo from the Salem / Beverly Water Supply Board which indicated that they were going to have Camp, Dresser and McKee review the proposal in a six month time period. He noted that no one who has worked on this is in favor of dirty water, and noted that special care should be taken to protect the water shed area. He suggested that the material being reviewed is highly technical and those reviewing it should take their time doing so. He suggested that the Clerk respond to the Salem/Beverly Water Supply Board and invite them to the next public hearing. He also suggested that the Council should request that the report from CDM be received sooner than 6 months from now. Councilor Guanci suggested that the Public Hearing be continued until November 19, 2012 and that the SBWSB be invited to attend. Councilor Silva moved to continue the public hearing to November 19, 2012 at 7:30 p.m. Slate seconded the motion. The motion carried. Thomson moved to continue the public hearing to November 19, 2012 at 7:30 p.m. Flannery seconded the motion. The motion carried. Councilor Guanci and the Councilors reviewed other matters on their agenda for this evening at this time and referred various matters to Committees. a. Joint Public Hearings — City Council Order #195 — Zoning Amendment to Article XXXVIII Sections 38- 28.C.2 and 38 -17C (formerly Section 29- 28.C.1 and 28- 28.C.2 of the Zoning Ordinance Rosemary Maglio of 30 Pleasant Street addressed the Council/Board and stated that she has several comments. She questioned if this is being presented as an Ordinance Change. She clarified that this has been correctly initiated. Councilor Guanci stated that it has been properly initiated. Ms. Maglio read section G of the ordinance to the council. She stated that the section should be applied to the CC commercial and residential district. Councilor Slate objected to Ms. Maglio's questioning and noted that she should be going through the chair. Ms. Maglio referred to Section H regarding high quality materials etc. and noted that she agrees with that section. Ms. Maglio stated that when the DRB looks at a project they should do as was done on the Depot Square project regarding the type of materials that is used. Maglio stated that she does not agree with section I and read the section. She stated that she does not think that is necessary and it is a condition for a special permit. She suggested that it should not be in there. Page 5 of 9 Beverly Planning Board Public Meeting Minutes October 15, 2012 Maglio summarized that she agrees with sections G and H but not section I. Maglio referred to the second part of the order section 29 17 c which has to do with a special commercial zone and stated that # 2 should she does not see a need for an additional use for a special permit for that use. Councilor Guanci asked Councilor Houseman how this information relates to his order. Houseman stated that it relates in a sense with regards to interpreting regulations but he feels that she has made her point. Maglio states that this information supports the rationale of the guidelines as criteria for the granting of a special permit. Dinkin asked for additional comments from members of the Planning Board at this time. There being none, Councilor Guanci declared the public hearing closed and that the matter be referred to the Planning Board for a recommendation. Dinkin informed those present that the Planning Board would be convening a special meeting in conference room B. Guanci thanked the Planning Board members for attending the meeting this evening. The Board left the meeting at this time. Page 6 of 9 Beverly Planning Board Public Meeting Minutes October 15, 2012 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Special Meeting of the Planning Board Beverly City Council Date: Monday, October 15, 2012 Location: Beverly City Hall, City Council Chambers Members Present Chairman Richard Dinkin, Vice Chair John Thomson, Ellen Flannery, James Matz, John Mullady, Michael O'Brien, Charles Harris, David Mack Members Absent: Ellen Hutchinson Others Present: Assistant City Planner Leah Zambernardi, City Councilor Scott Houseman, City Planner Tina Cassidy Recorder: Leah Zambernardi/Eileen Sacco Guanci calls the meeting to order at 9:20 p.m. Dinkin joins the Council on the council podium. 1. Planning Board Recommendation to City Council: City Council Order #195 — City Council Order #195 — Zoning Amendment to Article XXXVIII Sections 38- 28.C.2 and 38 -17C (formerly Section 29- 28.C.1 and 28- 28.C.2 of the Zoning Ordinance Dinkin calls the special meeting of the Planning Board meeting to order. Dinkin informs the Board that he is reluctant to approve an order that might reduce the Planning Boards discretion. He stated that he feels that business along Rantoul Street will be stimulated by housing noting that full units draw stimulation and growth by creating demand. Houseman stated that he agrees and he explained that his concern is the use of first floor space for residential units and his proposal would encourage discussion regarding the use of first floor space. Thomson stated that he would defer to the DRB on issues such the use of building materials etc. noting that they review those kinds of things more so than the Planning Board does. Dinkin stated that he thinks that an applicant can meet the 25% requirement with a law office in the penthouse and that would be fine. Houseman explained that his intent of this was initiated by the TI F proposal and the concept of how much discretion a developer has and when they come before the ZBA or the Planning Board with a proposed mix on the first floor. He noted the Burnham building as an example. A member of the Planning Board asked if this was a push towards the Planning Board mandating commercial use of first floor space. Houseman states that the proposal gives the option for discussion of the use of space. Page 7 of 9 Beverly Planning Board Public Meeting Minutes October 15, 2012 Dinkin asks Houseman what the problem is that he is trying to solve. Houseman states that he feels that applicants should have to have an explicit discussion regarding the use of the space. It was noted that the existing special permit criteria addresses these issues, and it was noted that these things come up on every special permit that the Board considers. Leah Zambernardi noted that there are times when Site Plan Review does not happen and the DRB would not see a project. Dinkin states that he would not have any objection to a section that calls for the DRB to review a special permit request in a CC district. Cassidy reviews the make up of the membership of the DRB, noting that there is a member of the Planning Board, Historic Commission, an Architect, Landscape Architect, and a member of the business community. Zambernardi also noted that some special permits for parking waivers may not go before the DRB for their input. Houseman noted that he met with Cassidy while drafting this order and they looked at language regarding materials etc that would be subjective. Dinkin states that he has written a great many regulations and cautioned that we should be careful with memorializing as law because people need to have fairly broad discretion. Dinkin asked for a motion on the recommendation to the City Council. Mack moved that the Planning Board recommend that Order 195 not be adopted. Seconded by Flannery. The motion carried. Thomson stated that he would rather that the Planning Board indicate that they do not recommend that it be done. Zambernardi noted that there is a second component to this. Mack withdrew his motion and recommended that Planning Board recommend that the Planning Board not recommend adoption of paragraph 1 of City Council order #195. Flannery seconded the motion. The motion carried. The Board discussed the second part of the Order #195. Cassidy noted that the Ordinance is clear on what is allowed by right but it is not clear when a person needs to use something beyond the first floor to achieve 25 %. Ordinance specifically states first floor. She noted that there is no mechanism for the planning board to address that. Thomson suggested it could be done by a waiver. Dinkin stated that he did not think a waiver would be appropriate. Page 8 of 9 Beverly Planning Board Public Meeting Minutes October 15, 2012 Dinkin states that he feels that it should be amended to say that you have to have 25% and it can be anywhere. Mack moved that the Planning Board recommend that the City Council adopt Paragraph 2 of Order #195. Flannery seconded the motion. The motion carried. There being no further business to come before the Planning Board this evening, Thomson moved to adjourn the meeting. Flannery seconded the motion. The motion carried. The meeting was adjourned at 10:45 p.m. Page 9 of 9