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2013-11-18Beverly Planning Board/Beverly City Council Joint Public Hearing Minutes November 18, 2013 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Joint Public Hearing of the Planning Board and the Beverly City Council Date: Monday, November 18, 2013 Location: Beverly City Hall, City Council Chambers Members Present Chairman Richard Dinkin, Vice Chair John Thomson, Ellen Hutchinson, John Mullady, Michael O'Brien, Members Absent James Matz, Charles Harris, Ellen Flannery, 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: None Others Present: Assistant City Planner Leah Zambernardi, Recorder: These proceedings were recorded and transcribed by Eileen Sacco Guanci calls the meeting to order at 7:30 p.m. Dinkin joins the Council on the council podium. Recess for Public Hearings Slate moves to recess for public hearings at this time. Latter seconds the motion. The motion carried (9 -0). Thomson moves to recess for public hearings at this time. Hutchinson seconds the motion. The motion carries (5 -0). a. Joint Public Hearing — City Council Order #170 — Proposed Amendment Relative to Restaurants in the IR and IR Overlay District Article XXXVHI, Section 38 -19.C. b Guanci calls on Zambernardi to explain the proposed amendment to the zoning ordinance. Zambernardi deferred to Councilor Schetszle to explain the amendment since he brought in the City Council order. Schetszle addresses the Council and Planning Board and explains that he proposed this amendment to remove the possibility of fast food restaurants in the IR and IR Overlay District. He referred to the possibility of future development in that area as creating another IA situation. He noted that this amendment will still allow restaurants without drive through access and those that take -out food is 20% or less of their business. Guanci opens the hearing up for questions and comments from the City Council. Page 1 of 4 Beverly Planning Board/Beverly City Council Joint Public Hearing Minutes November 18, 2013 Slate questioned if this amendment would affect existing businesses in the district. Zambernardi explained that she would think that it would impact the gas stations if one of them wanted to put in a drive through business. Troubetaris questioned if this amendment would apply only to the IR Overlay district. Zambernardi explains that it would apply to the IR Overlay district. Dinkin opens the hearing up for questions and comments from members of the Planning Board. Guanci opens the hearing up for public comment at this time. Mary Rodrick of 17 Peabody Street addresses the Council and Planning Board and states that she is in favor of this amendment, noting that it will help the residents of Brimbal Avenue. She also questioned if this would prohibit other drive through businesses such as pharmacy's or banks. There being no further questions or comments from those present. Guanci declares the public hearing closed. Dinkin declares the Planning Board Public Hearing closed and informs those present that the Planning Board will be meeting immediately following this meeting to discuss and make a recommendation on the amendment. The meeting will be in conference room A. Page 2 of 4 Beverly Planning Board/Beverly City Council Joint Public Hearing Minutes November 18, 2013 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Special Meeting of thePlanning Board Beverly City Council Date: Monday, November 18, 2013 Location: Beverly City Hall, Conference Room Members Present Chairman Richard Dinkin, Vice Chair John Thomson, Ellen Hutchinson, John Mullady, Michael O'Brien Members Absent: James Matz, Charles Harris, Ellen Flannery, David Mack Others Present: Assistant City Planner Leah Zambernardi Recorder: Eileen Sacco Dinkin calls the meeting to order at 7:45 p.m. a. Discussion/Recommendtion to the Planning Board — City Council Order #170 — Proposed Amendment Relative to Restaurants in the IR and IR Overlay District Article XXXVIII, Section 38 -19.C. b Dinkin asks for questions and comments from members of the Planning Board. Thomson asks if this will eliminate fast food restaurants in the district. Zambernardi explains that other restaurants with 20% or less of takeout business would not be allowed with the language as proposed. She also notes that fast food restaurants are defined as those with drive through access. Dinkin suggests that it would be simpler to prohibit drive through access. Hutchinson asks if there is a definition of restaurant in the ordinance. Zambernardi states that there is no definition. Dinkin suggests language that would add "Provided that no more than 20% of the restaurants gross volume is for consumption off the premises." Hutchinson questioned if the gross amount would be figured on 12 months of business or monthly. Thomson notes that is a good point and states that the Board may be slicing this too thin. He suggests language that would indicate restaurants primarily for consumption on the premises. Mullady questions if this would prevent all drive through access in the district. Page 3 of 4 Beverly Planning Board/Beverly City Council Joint Public Hearing Minutes November 18, 2013 Dinkin explains that a restaurant drive through creates traffic where as a drive through at a CVS or Walgreens or a bank does not have traffic issues. He notes that prohibiting drive through access would eliminate these uses. Hutchinson asks to have the IR Overlay District area defined. Zambernardi explains the District. Thomson: Moves that the Planning Board recommend the following language for the zoning amendment: "Restaurant selling food both for consumption on and off the premises provided that off - premises consumption is not the primary use." Thomson notes that the Planning Board is not agreeing with the language proposed by Councilor Schetszle and are suggesting alternative language for clarification. Flannery seconds the motion. The motion carries (5 -0). The Chair votes in favor. 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 (5 -0) The meeting was adjourned at 8:00 p.m. Page 4 of 4