2014-03-03Beverly Planning Board/Beverly City Council Joint Public Hearing
March 3, 2014
Board:
Date:
Location:
Members Present
Members Absent
Councilors Present:
Members Absent:
Others Present:
Recorder:
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Joint Public Hearing of the Planning Board and the
Beverly City Council
Monday, March 3, 2014
Beverly City Hall, City Council Chambers
Ellen Hutchinson, Ellen Flannery, James Matz, John Mullady,
David Mack, Ned Barrett, Catherine Barrett
John Thomson, Wayne Miller
Paul Guanci, Jason Silva, Matthew St. Hillaire, David Lang,
Estelle Rand, James Latter, Scott Houseman, Don Martin, John P.
Frates, Jr.
None
Planning Director Aaron Clausen
These proceedings were recorded on Bev Cam and transcribed by
Eileen Sacco
Guanci calls the meeting to order at 7:20 p.m..and asks the members of the Planning Board to
appoint an Acting Chair for this meeting. Hutchinson moves that Planning Board member David
Mack serve as acting chair for this meeting. Flannery seconds the motion. The motion carries
(5 -0).
Mack joins the Council on the council podium.
Joint Public IIearin2 — City Council Order #38 — Proposed Amendment Relative to
Restaurants in the IR and IR Overlay District Article XXXVIII, Section 38 -19.C. b
Latter moves to recess for public hearings at this time. Silva seconds the motion. The motion
carried (9 -0).
Flannery moves to recess for public hearings at this time. Hutchinson seconds the motion. The
motion carries (5 -0).
City Clerk Kathleen Connelly reads Council Order #38:
ORDERED: That Chapter 38 -19 C -b of the Beverly Zoning Ordinances is amended by removing
the words "and" and "and off' to read "Restaurants selling food for consumption on the
premises."
Guanci turns the hearing over to Councilor Martin to explain the proposed amendment.
Councilor Martin explains that the order was originally filed by former Councilor Schetszle but
time ran out in the last session to act on it. He explained that the intent of the amendment is to
keep drive through restaurants out of the IR overlay district but still allow for the ability of
restaurants to have curb side service.
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Beverly Planning Board/Beverly City Council Joint Public Hearing
March 3, 2014
Guanci asked if there were any questions from members of the Planning Board.
Matz asked if this matter would be retroactive. Martin stated that it would not be retroactive and
it would only affect the IR Overlay Zoning District.
Councilor St. Hilaire stated that he feels that the language is vague and should be more specific.
Flannery asked if the proposed amendment just deals with restaurants or would it include other
types of businesses.
Councilor Silva stated that it has been suggested that the administration may have some input to
offer on this and noted that City Planner Aaron Clausen is present this evening. Guanci
recognized Clausen to address the City Council/Planning Board.
Clausen addressed the City Council/Planning Board and stated that there are opportunities here
to clarify the meaning of the language and urged the Council and the Planning Board to work to
clarify what kinds of drive - thru's are being addressed in the amendment.
Guanci opens the hearing up for public comment at this time.
Meg Anderson of 76 Baker Avenue addresses the Council/Planning Board and questioned if the
proposed amendment distinguishes between fast food restaurants and sit down restaurants noting
that many sit down restaurants downtown provide take out options for customers. She states that
counter service and take out service should be considered.
Mullady states that the Planning Board will take that into consideration during their discussions
on this.
Rick Marciano of 141 McKay Street addresses the Council/Planning Board and states that he
wants to be sure that there are no loop holes in this ordinance noting that the Windover project
on the Enterprise site is too big for that space and it was allowed by the Planning Board because
of a loophole.
Councilor Martin stated that this is a starting point and the Planning Board and the City Council
will take a good look at the proposed language.
Councilor Houseman stated that the Zoning Ordinance has a definition of "Fast Food ", but there
is no definition of "restaurant" in the ordinance.
Clausen stated that there are some definitions that need to be included in the Zoning Ordinance
and restaurant is one of them. He noted that it would make sense going forward to define it a
little more clearly.
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Beverly Planning Board/Beverly City Council Joint Public Hearing
March 3, 2014
Ms. Anderson addresses the Council/Planning Board again and asks how many IR Zoning
Districts are in the City. Guanci explains that the only IR overlay zoning district in the city is the
one on Brimbal Avenue.
Rose Mary Maglio of 30 Pleasant Street addresses the Council/Planning Board and referred to
the zoning ordinance and noted that there are uses allowed in the IR overlay district by special
permit of the Zoning Board that allows a restaurant selling food for consumption on the
premises. She made some suggestions on language to clarify the ordinance.
Guanci asks if there are any other questions or comments regarding this matter, this evening.
There being none, Guanci declared the Public Hearing closed.
Mack declares the Planning Board Public Hearing closed.
Mack reported that the Planning Board will be holding a special meeting in the conference room
this evening for the purposed of discussing a recommendation on this proposed amendment to
the IR Zoning District.
This public hearing was at 7:40 p.m.
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Beverly Planning Board/Beverly City Council Joint Public Hearing
March 3, 2014
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Board: Special Meeting of the Planning Board
Date: Monday, March 3, 2014
Location: Beverly City Hall, City Council Chambers
Members Present Ellen Hutchinson, Ellen Flannery, James Matz, John Mullady,
David Mack, Ned Barrett, Catherine Barrett
Members Absent John Thompson; Wayne Miller
Others Present: City Planner Aaron Clausen
Recorder: Leah Zambernardi
Mackcalls the meeting to order at 7:45 p.m.
a. Discussion/Recommendation to the Planning Board — City Council Order #38 —
Proposed Amendment Relative to Restaurants in the IR and IR Overlay District
Article XXXVIII, Section 38 -19.C. b
Members of the Board ask questions about the proposal and hold discussion on the matter with
Clausen. At the conclusion of the discussion, Flannery made a motion to continue the matter to
Board's March 18, 2014 meeting. Matz seconded the motion and it carried unanimously (5 -0).
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