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2012-09-04Meeting Minutes Beverly Planning Board and Beverly City Council September 4, 2012 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Joint Public Hearing of the Planning Board and the Beverly City Council Date: Tuesday, September 4, 2012 Location: Beverly City Hall, City Council Chambers Members Present Chairman Richard Dinkin, Vice Chair John Thomson, Ellen Hutchinson, Ellen Flannery, Michael O'Brien 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: John Mullady, Charles Harris, James Matz Others Present: Assistant City Planner Leah Zambernardi, Recorder: Leah Zambernardi/Eileen Sacco Guanci calls the meeting to order at 7:15 p.m. Dinkin joins the Council. Recess for Public Hearings Thomson moves to recess for public hearings at this time. Hutchinson seconds the motion. The motion carries. a. 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 meeting to order. City Clerk Kathleen Connelly reads the legal notice relative to the public hearing for 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 and 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. Planning Board Chairman Richard Dinkin calls the Planning Board to order. Guanci recognizes Pam Kampersal of the Safe Drinking Water Alliance to address the City Council and the Planning Board. Page 1 of 5 Meeting Minutes Beverly Planning Board and Beverly City Council September 4, 2012 Pam Kampersal representing the Safe Drinking Water Alliance addressed the Board and Councilors and reads a prepared statement on the recommendations and concerns of the Safe Drinking Water Alliance. She referenced a letter from City Planner Tina Cassidy dated August 28, 2012. Ms. Kampersal also referenced two letters from the Clean Water Action Committee and the Ipswich River Watershed Association. Guanci called on Planning Board Chair Dinkin for comment. Dinkin addressed President Guanci and stated that he does not recommend closing the public hearing this evening and suggests that it be continued October 15, 2012. Guanci agrees and states that at this time he will recess the Public Hearing until 7:45 p.m. at which time he will reconvene the hearing and take public comment until 8:30 p.m. Councilor Latter moved to recess the public hearing to 7:45 p.m. Councilor Slate seconds the motion. The motion carried. Planning Board Vice Chair John Thomson moved to recess the public hearing to 7:45 p.m. Ms. Flannery seconded the motion. The motion carried. Guanci reconvened the public hearing at 7:45 p.m. Guanci recognized City Planner Tina Cassidy to comment on the matter. Cassidy addressed the Council and the Planning Board and reviewed the comment letter dated August 28, 2012 regarding the proposed changes to the boundaries of the Overlay District/Map Changes and proposed changes to the text of the Overlay District. Cassidy noted that with regards to map changes and adding the area between Wenham Lake and Longham Reservoir to the watershed protection overlay district, the boundaries of the overlay district proposed by this order include portions of lots that are not within either the Wenham Lake or Longham Reservoir watersheds. She noted that it is not clear how regulating land that is not in the watershed can serve any of the purposes outlined in section 2 of the proposed ordinance and no corresponding pubic benefit has been advanced to justify why land outside of a watershed should be regulated as if it were. She suggested that the Board consider recommending that the proposed map of the overlay district be amended by eliminating the portions of any lot that is or are not within the limits of the physical watersheds of the drinking water supply. Cassidy stated that she would answer any questions Councilors may have regarding her letter. Councilor Troubetaris asked if cemeteries are included in the proposal. Cassidy stated that she would have to check on that but there is some question about a parcel in North Beverly that could be a future cemetery and that would be prohibited under this ordinance. Page 2 of 5 Meeting Minutes Beverly Planning Board and Beverly City Council September 4, 2012 Councilor Slate questioned if there have been comments submitted from other city boards and commissions regarding this matter. Cassidy stated that the Beverly Airport Commission has submitted a letter with comments. Slate also suggested that before action is taken on this matter that input from the City Solicitor's office be requested so that the Council is sure that they have a document that passes legal muster. Cassidy noted that Ms. Kampersal cited a couple of state laws that the SDWA feels that the city is in violation of and requested that they provide the city with copies of the specific state laws. Councilor Dullea requested further clarification on the provision of the proposed ordinance regarding the impervious surface limit to 15 %. Cassidy explained that the proposal would cap the maximum lot coverage by impervious surface at 15% with some flexibility given if owners install storm water management and ground water recharge systems and would result in the requirement of special permits for even the smallest of home improvement projects such as a shed or patio enlargements. Cassidy estimated that about 1,000 homeowners in Beverly would have to hire a lawyer or a certified engineer to wade through this and that would be a financial burden. Councilor Troubetaris questioned if this would affect the Airport. Cassidy explained that with regards to the Airport she was calling out the fact that there is a provision in the existing ordinance regarding underground storage tanks since 1987. Planning Board member John Thomson questioned the meaning of "stand alone ordinance" and what it means in relation to current zoning. Pam Kampersal stated that the SDWA's intention with a stand alone ordinance is to have a reference for residents to go to without having to review all of the ordinances to get this information. She stated that the SDWA is trying to protect the limited water supply that we have and there is no enforcement of protection from damage and there needs to be some. Kampersal stated that they disagree with Cassidy on the impact of this on homeowners and explained that they are asking homeowners to step up and make improvements with water protection in mind such as pervious pavers in driveways or the installation of a rain barrel. Mary Roderick stated that their intent is for new and expanded uses of property. Dinkin noted that if a homeowner adds a swimming pool, which would be considered an expansion, which would result in treating similarly situated homeowners differently and under the law we cannot do that. Troubetaris noted that various zoning has to be considered as well. Page 3 of 5 Meeting Minutes Beverly Planning Board and Beverly City Council September 4, 2012 Dinkin stated that he feels that we are creating additional hurdles for homeowners to further improve their property. Kampersal stated that it is not their intention to inconvenience homeowners but they are trying to protect the drinking water supply. Rene Mary addressed the meeting and read a prepared statement in support of the proposal and urged the members to read a report that she sent them on the drinking water crisis in Florida. She also suggested that a tape of this meeting be made available for airing on cable for Beverly and Salem residents to inform them of this. Councilor Guanci suggested that the Public Hearing be continued until October 15, 2012 at 7:15 p.m. Councilor Dullea moved to continue the public hearing to October 15, 2012 at 7:15 p.m. Slate seconded the motion. The motion carried. Thomson moved to continue the public hearing to October 15, 2012 at 7:30 p.m. Flannery seconded the motion. The motion carried. Page 4 of 5 Meeting Minutes Beverly Planning Board and Beverly City Council September 4, 2012 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Special Meeting of the Planning Board Beverly City Council Date: Tuesday, September 4, 2012 Location: Beverly City Hall, City Council Chambers Members Present Chairman Richard Dinkin, Vice Chair John Thomson, Ellen Hutchinson, Ellen Flannery, Michael O'Brien Members Absent: None Others Present: Assistant City Planner Leah Zambernardi, City Councilor Scott Houseman Recorder: Leah Zambernardi/Eileen Sacco Dinkin called the Special Meeting of the Planning Board to order at 8:40 p.m. Dinkin explained that since the Joint Public Hearing with the Planning Board on City Council Orders 169 and 170 were continued to October 15, 2012 there is nothing for the Planning Board to deliberate on this evening. Dinkin asked if there was any old or new business to come before the Planning Board this evening. There being none, Dinkin called for a motion to adjourn. Adjournment There being no further business to come before the Planning Board this evening a motion was made by Flannery to adjourn the meeting, seconded by Thomson. The motion carried. The meeting was adjourned at 8:41 p.m. Page 5 of 5