Loading...
2013-05-01 Special MeetingBeverly Planning Board Minutes May 1, 2013 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Special Planning Board Meeting Date: Tuesday, May 1, 2013 Location: Beverly City Hall Members Present Chairman Richard Dinkin, Vice Chair John Thomson, Hutchinson, James Matz, John Mullady, Michael O'Brien Members Absent: Ellen Flannery, Charles Harris, David Mack Others Present: City Planner Tina Cassidy, Assistant City Planner Zambernardi, Recorder: Eileen Sacco Dinkin calls the meeting to order at 7:00 p.m. Subdivision Approval Not Required Plans (SANR's) 2 Bonad Road Trust — 2 Bonad, Jewett & Newman Road — Zoning R10 Ellen Leah Atty. Thomas Alexander addressed the Board and explained that the applicant has filed for an ANR plan to adjust the lot lines of five existing lots on Bonad, Jewett and Newman Road. The lot line adjustment would bring each lot into conformance with the R10 zoning requirements. He noted that the lot at 2 Bonad Road has an existing residence on it and the other four (4) lots are currently vacant and will become potentially buildable as a result of this plan. Zambernardi reported that she visited the site on Tuesday, April 23 to determine the adequacy of the roadway and found that the road is paved for the full length of the frontage for all lots, thought the width is approximately 13 feet. She also reported that the grade is fairly steep, though this road also provides access to an existing home across the street from the furthest building lot. She further noted that planning staff also examined the proposed lots to determine whether there is safe year round practical access unimpeded by wetlands, topography or other natural or manmade barriers over the frontage and found no such impediments. Zambernardi also reported that it should be noted that there is a steeper grade to the end of Jewett and Bonad Road, the city has received complaints from residents downhill in the neighborhood about stormwater sheet flow down the hill and it not draining properly into the City's catch basin on Bonad Road. She reported that the developer has been advised to speak to the City Engineer on the matter of necessary drainage improvements and to the Fire Department on the matter of emergency vehicle access and turnaround capacity well in advance of applying for building permits for the new lots. Thomson stated that the plan is in order. Page 1 of 4 Beverly Planning Board Minutes May 1, 2013 Thomson: made a motion to endorse the Approval Not Required for 2 Bonad Road Trust — 2 Bonad, Jewett & Newman Road. Hutchinson seconded the motion. The motion carried (5 -0). Continued: Planning Board Recommendation to City Council Order: City Council Order #169 — Zoning Amendments Relative to Water Supply Overlay District, Article XXXVIII, Section 38:31.0 (formerly Section 29 -31.0 of the zoning Ordinance) and City Council Order #170 — Zoning Amendments Relative to Article XXXVIII, Section 38:28.C.1 and 38.28.C.2 (formerly Section 29- 28.C.2 of the Zoning Ordinance City Planner Tina Cassidy reviewed the proposed zoning amendments and noted that the Planning Board previously voted on the map and recommended that the aquifer area between the Wenham Lake Reservoir and the Longham Lake Reservoir be excluded from being subject to the Ordinance but to recommend that the City Council consider other ways to protect the aquifer. Cassidy explained that there was concern raised at the public hearing regarding portions of lots that fall within the district resulting in the entire lot being subject to the watershed overlay oridnance. She reviewed examples on the map in her presentation. Cassidy stated that the recommendation is that the Planning Board approve the boundaries of the Watershed Overlay District as shown in A, B, and C on the map. Dinkin stated that he is concerned that if we define the boundaries in the ordinance, could DEP change them. Cassidy stated that she would instruct City staff to focus on areas "as shown on Zoning Map ". Matz clarified that this would not include property in Wenham. Cassidy agreed noting that it is just to the Beverly line. Thomson: moved to approve the recommendation that the boundaries of the Watershed Overlay District be defined as shown on the map as A, B and C. Mullady seconded the motion. The motion carried (5 -0) Dinkin asked if this change would cause an increase in the watershed area. Cassidy reported that there are some changes and there will be some boundary changes. Cassidy reviews the language regarding limiting impervious surfaces and the proposed language for the ordinance. Matz explains that to the extent possible we should protect the aquifer and it is affects through infiltration, noting that pools always are a concern. He explained that the proposed limit would make people think before adding that pool or deck or driveway. Page 2 of 4 Beverly Planning Board Minutes May 1, 2013 Dinkin stated that if we adopt this recommendation it would create a new class of grandfathering and he is not comfortable with that. He noted that the city would be limiting homeowners as to what they can do on their property. Matz explained that the intent of the language was geared more towards large commercial developments with large parking areas. Thomson suggested that the recommendation apply to commercial zoning but not residential. Dinkin stated that the Board could create a separate regulation for industrial use. Cassidy stated that they would have to do some research on that. Thomson: motion to recommend to the City Council that zoning regarding impervious surface requirements not be adopted. Mullady seconded the motion. the motion carried (5 -0). Cassidy continued explaining the recommendation for the proposed amendments to the zoning ordinances. She noted that there are a number of suggested changes and additions to the ordinance and noted that members copies have comments explaining the recommended changes. Thomson: motion to approve the changes to the zoning ordinance as recommended by Ms. Cassidy. Mullady seconded the motion. The motion carried (5 -0). Cassidy reviewed the section of the ordinance on Prohibited Uses and Activities. Thomson stated that he is concerned that the proposed allowance of the storage of above ground liquid hazardous material as defined in Section 29 -2 in MGL or liquid petroleum products except as noted in the ordinance noting that it is not currently in the ordinance. He suggested that the first sentence be eliminated and that the list of items allowed remain. Thomson: moved to strike item (b) in section 5 all above ground storage of liquid hazardous materials as defined in Section 29 -2 of M.G.L. or liquid petroleum products. Matz seconded the motion. The motion carried (5 -0). Thomson: moved to approve the recommended changes to the rest of the section on the Prohibited Uses and Activities. Mullady seconded the motion. The motion carried (5 -0). Cassidy reviews the section of the ordinance on Uses Permitted By Right. She explained that there are three proposed changes and explained them. She noted that the use of the "authorized" expansion of any existing residential structure.... simplifies the statement while making it more comprehensive and the second part eliminates current provisions regarding impervious pavement increases. Page 3 of 4 Beverly Planning Board Minutes May 1, 2013 Thomson: motion to approve the revision as recommended. Hutchinson seconded the motion. The motion carried (5 -0). Cassidy reviews the section of the ordinance regarding Uses by Special Permit. The Board reviewed the language with Cassidy and made some suggested addition to section (i) to read that "notwithstanding, the following uses are permitted by law: " Thomson: motion to approve the revision as recommended. Hutchinson seconded the motion. The motion carried (5 -0). Cassidy reviews Section 10 regarding enforcement. She explained that an additional sign off by the Building Department is now recommended. She also noted that this version is the language recommended by the proponents of the ordinance changes. The Board made some minor wording changes to the section. Thomson: motion to approve the revision as recommended. Hutchinson seconded the motion. The motion carried (5 -0). Cassidy concluded her presentation by thanking the members of the committee who worked on this ordinance. Matz thanked Cassidy for all the work she did on this and for her presentation. Dinkin thanked Mr. Matz for his participation in this process noting the time and effort that went into this. Adjournment There being no further business to come before the Planning Board this evening a motion was made by Hutchinsonto adjourn the meeting, seconded by Thomson. The motion carried (6 -0) The meeting was adjourned at 9:00 p.m. Page 4 of 4