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2013-05-06Beverly Planning Board Minutes May 6, 2013 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Joint Public Hearing of the Planning Board and the Beverly City Council Date: Monday, May 6, 2013 Location: Beverly City Hall, City Council Chambers Members Present Chairman Richard Dinkin, Vice Chair John Thomson, , Michael O'Brien, Charles Harris, Davi 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, Ellen Flannery, James Matz, John Mullady Others Present: Assistant City Planner Leah Zambernardi, Planning Director Tina Cassidy Recorder: Leah Zambernardi/Eileen Sacco Guanci calls the meeting to order at 7:00 p.m. Dinkin joins the Council on the council podium. Convene for Joint Public Hearings a. Public Hearing- Council Order #52 — Zoning Amendments Relative to Parking, Article XXXVHI, Section 38 -25 (formerly Section 29 -25 of the Zoning Ordinance b. Public Hearing: City Council Order #57 — Zoning Amendments to City's Zoning Ordinance — Article XXXVHI Guanci asked if there were any comments from members of the City Council. Zambernardi presented City Council Order #52 Cassidy presented City Council Order #57 Guanci and Dinkin took questions from Councilors and Board Members on the Orders. Page 1 of 6 Beverly Planning Board Minutes May 6, 2013 Latter questioned why the net amount of spaces for compact cars is not defined in the ordinance. Cassidy states that in some cases there could be a little more development because they could provide more parking. Zambernardi explained that the parking for compact cars would be 25 %. Cassidy also noted that for residential developments there would be lot sizes and other controls. Silva stated that he thought that requiring 50% of parking onsite for residential developments would be unattainable for some sites. Cassidy stated that it is conceivable that a residential mixed use project could be done with some parking provided. She explained that up to 50% of parking offsite would be an option that could be granted through a variance. Cassidy explained that the Planning Department will have a process to implement to track the special permits granted for offsite parking and track the locations and the lots used. She also noted that the information would be available to the Planning Board when they are considering special permits and they would know what special permits have been previously issued and what lots are being utilized. Silva stated that he feels that being proactive is a good thing but he feels that what is proposed is trying to address something that might happen ten years and that might not be a good thing. He also noted that the city approved a TIF program to encourage development of the downtown and he worries that this may not encourage that. Houseman stated that he has the same concerns that Silva raised and also noted that parking is a concern relative to the development of the downtown. Troubetaris asked if the parking would be provided in the metered lots. Cassidy explained that all of the municipal lots are metered with pay stations and are enforced until 5:00 p.m. Guanci asked if members of the Planning Board has any questions or comments regarding this matter. There being none at this time, Guanci opened the hearing up for public comment at this time. Mary Rodrick made comments. Rose Maglio addresses the Council/Planning Board and expressed her concerns about the proposed zoning amendments. She stated that she is concerned that it involves all parking in all sections of the city, noting that the Dane Street Beach parking lot which currently has no restrictions. Cassidy reported that present zoning allows parking at Dane Street Beach and this proposal would change it to require a special permit be granted for the use of that lot. Gin Wallace, Executive Director of Beverly Main Streets addresses the Council/Planning Board and expresses her concerns that for over a year they have been trying to attract high quality residential and retail developments to the downtown. She states that she is concerned that this will add a burden of a special permit to the process and could give people one more reason not to Page 2 of 6 Beverly Planning Board Minutes May 6, 2013 come to downtown Beverly. She urged the City Council and the Planning Board to consider what they are trying to achieve. Dana Acciavatti of 4 Elm Street addresses the Council/Planning Board and stated that he is concerned that this is being proposed because if the developers don't like an ordinance it should be changed for them. He cited the development for 130 Cabot Street and the impact it will have on his neighborhood. He noted that parking in his neighborhood is tight all year and worse in the winter. He distributed photos of the neighborhood and noted that there is still a lot of empty business space in downtown Beverly. He also expresses he concern about cars being towed and the expense to people. Rose Maglio of 30 Pleasant Street addresses the Council/Planning Board and expresses her concerns about the proposed zoning changes making things easier for developers noting the project at 130 Cabot Street. She noted that parking in lots near residential units results in car headlights shining in people's homes. She states that commercial encroachment of residential neighborhoods should not be allowed, noting that it diminishes property values. Dinkin addresses those present and states that 130 Cabot Street has been referred to during this discussion and explained that 130 Cabot Street is grandfathered and they can build what they can as a matter of right. He noted that the special permit request for the use of municipal parking on the site was denied. Mr. Marciano of 141 McKay Street addresses the City Council/Planning Board and stated that new growth does not necessarily lower the tax rate. He also asked if there will be parking meters at the Black Cow site if it is developed and in the parking lot under the bridge. Cassidy states that she is not sure. Miranda Gooding addresses the City Council /Planning Board and stated that she is a member of the Board of Directors at Beverly Main Streets and a practicing real estate Attorney with the firm of Glovsky and Glovsky and a resident of the downtown in Ward 2. She stated that it is vital that the community be open to new businesses. She stated that Main Streets is concerned about the potential impact that the zoning changes will have on development in the downtown. She questioned if Cabot Street businesses could rely on municipal parking lots. She noted that we do not have a problem with municipal lots being over utilized and urged the Council/Planning Board to think about this before adding a special permit process. She also noted that other communities have provisions for development with the use of municipal parking without issuing special permits. She urged members to go back and look at this more closely and be sure that there really is a big problem with parking. Dinkin asked if Main Streets is concerned only about the commercial piece of this. Gooding states that they are concerned with both commercial and residential. Councilor Latter addresses the members and asks if this proposed ordinance is more restrictive or similar to what we have now. Dinkin states that as a matter of right 100% of parking can be offsite so this ordinance proposed is a good deal more restrictive. Page 3 of 6 Beverly Planning Board Minutes May 6, 2013 Councilor Slate addresses the members and states that he sat through all but one Planning Board meeting on the 130 Cabot Street project. He explains that it is clear to him that his role is to let the Planning Board deal with zoning allowed and he believes that they tried to be fair. He also states that it was clear that the zoning used in this case was not very clear so he introduced and order asking the Planning Board to revise that section of the ordinance regarding the use of municipal parking. He further noted that the Planning Department staff did a tremendous amount of work on this and pretty much everyone who spoke on this matter this evening does not like any of it, which leaves the Council to say let's leave it as it is, which is unclear. He noted that ultimately the Council will have to make the decision and that could result in going back to the drawing board or come up with a compromise. Slate also states that the notion that there are untoward intentions that they are doing this for anything other than the improvement of Beverly is untrue. There being no further questions or comments at this time, Guanci declared the public hearing closed. Guanci thanked the Planning Board members for attending the meeting this evening. The Board left the meeting at this time. Page 4 of 6 Beverly Planning Board Minutes May 6, 2013 This Documents is Subject to Review and approval by the Planning Board CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Special Meeting of thePlanning Board Beverly City Council Date: Monday, May 6, 2013 Location: Beverly City Hall, City Council Chambers Members Present Chairman Richard Dinkin, Vice Chair John Thomson, , Michael O'Brien, Charles Harris, David Mack Members Absent: Ellen Hutchinson, Ellen Flannery, James Matz, John Mullady Others Present: Assistant City Planner Leah Zambernardi, City Councilor Scott Houseman Recorder: Leah Zambernardi/Eileen Sacco Dinkin calls the meeting to order at 10:15 p.m. Planning Board Recommendation to City Council a. Council Order #52 — Zoning Amendments Relative to Parking, Article XXXVIII, Section 38 -25 (formerly Section 29 -25 of the Zoning Ordinance Dinkin asks what the wish of the Board is. Thomson states that he would not recommend any changes to what is being proposed. He stated that these are policy questions and there is no right or wrong answer and if the Council needs to modify it, it is under their purview. Dinkin states that he could not agree more and noted that a good compromise is when everyone walks away unhappy. Thomson: motion to recommend the Zoning Amendments Relative to Parking, Article XXXVIII as drafted to the City Council. Mullady seconds the motion. The motion carries (5 -0). Page 5 of 6 Beverly Planning Board Minutes May 6, 2013 b. City Council Order #57 — Zoning Amendments to City's Zoning Ordinance — Article XXXVIII Thomson states that he would recommend adoption as drafted. He also notes that it does not have to be permanent and if the Council feels the need to change it in a year or two they can do so. Thomson: motion to recommend the Zoning Amendments to City's Zoning Ordinance as drafted to the City Council. Mullady seconds the motion. The motion carries (5- 0). Adjournment There being no further business to come before the Planning Board this evening a motion was made by Harris to adjourn the meeting, seconded by Thomson. The motion carried (5 -0) The meeting was adjourned at 10:30 p.m. Page 6 of 6