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2014-05-05Beverly Planning Board/ Beverly City Council Joint Public Hearing May 5, 2014 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Joint Public Hearing of the Planning Board and the Beverly City Council Date: Monday, May 5, 2014 Location: Beverly City Hall, City Council Chambers Members Present: John Thomson, Ellen Hutchinson, John Mullady, Ned Barrett, Catherine Barrett Members Absent: James Matz, Wayne Miller, David Mack, Ellen Flannery Councilors Present: Council President Paul Guanci, Vice President James Latter, David Lang, Don Martin, Scott Houseman, Jason Silva, Estelle Rand, Mathew St. Hillaire, John Frates Members Absent: None Others Present: Assistant City Planner Leah Zambernardi, Recorder: These proceedings were recorded on Bev Cam and transcribed by Eileen Sacco Guanci calls the meeting to order at 7:20 p.m. and invites Planning Board Chairman John Thomson to join him at the podium. Thomson joins the Council on the council podium. Recess for Public Hearings Latter moves to recess for public hearings at this time. Silva seconds the motion. The motion carried (9 -0). Hutchinson 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 #104: ORDERED: That Zoning Amendment relative to Floodplain Overlay District Ordinance (Section 38 -31 -A) and Adoption of 2014 Flood Insurance Rate Maps Guanci calls on Assistant City Planner Leah Zambernardi to report on the proposed Zoning Amendment to the Floodplain Overlay District and the Adoption of the 2014 1 Beverly Planning Board/ Beverly City Council Joint Public Hearing May 5, 2014 Flood Insurance Rate Maps. Zambernardi addresses the City Council and the Planning Board and notes that she is joined this evening by the City GIS Coordinator Roland Adams who will be making a presentation. Zambernardi addresses the Council /Planning Board and explains that the Floodplain Overlay District was implemented as a requirement of the Federal Government to protect residents and property owners from flooding and the effects of flooding. She explains that the overlay district has a number of safeguards in place to help mitigate flood impacts. Zambernardi also explains that the FEMA Flood Maps must be approved for 2014 as well. She also noted that one of the benefits of FEMA is that they allow property owners to be eligible for flood insurance through the National Flood Insurance Program if the City has adopted the maps. Zambernardi reports that FEMA updated the flood insurance rate maps two years ago at which time the city updated the maps and they have done so again, prompting this request for the amendment to the Overlay District to include the properties that are now included in the flood zone and to delete the properties that are no longer included in the district. Zambernardi explains the FEMA process for updating the maps and the comment and appeal periods that are part of the process. She notes that the new maps will be in effect as of July 16, 2014. She introduced Adams to make a presentation on the FEMA process and the Beverly Floodplain Overlay District. Adams addresses the Council /Planning Board and explains that he has prepared a Power Point presentation on the Floodplain Overlay District. He reviews the areas that are included in the district and highlights the changes from the maps that were approved in 2012. He notes that the properties are located on the western side of the city. He notes that he did an analysis to determine the impact on Beverly residents and explains that if a structure is in the floodplain they are required to have insurance. He further notes that with the new maps some residents are going into the floodplain and others are coming out. Guanci asks how many people are coming in to the floodplain and how many are going to be out of it. Adams states that 88 properties are going into the floodplain and 12 are coming out. He notes that certain areas of the city are impacted more than others. Beverly Planning Board/ Beverly City Council Joint Public Hearing May 5, 2014 Guanci asks where the areas are that are most affected. Adams explains that there are two principle areas noting the Green Street area where some properties are going in to the floodplain and a few along Water Street, the other side of Lothrop Street and further up the coast from Lothrop Street to Beverly Farms. He also notes that there are a couple of properties along the lower area of Chubbs Brook that are impacted. Zambernardi notes that maps were included in members' packets and are available on a disk upon request from the Planning Department. Adams reported that there are 345 people in Beverly who have insurance policies and 92% of them are residential. He explains that the minimum requirement for residents to be eligible for the Federal insurance program is that the city has an ordinance. He explains that if the city does not have an ordinance residents will no longer be eligible for the National Insurance program. He also notes that residents would have to buy insurance on the local market and it is hard to get. He notes that it is essential that the City have an ordinance for residents to be eligible to be in the federal insurance program. Guanci opens the hearing up for comments from City Councilors at this time. Councilor Lang asks if the 88 people who are new to the floodplain overlay district have been notified of the changes. Adams explains that the City sent out letters to residents informing them of this meeting. Lang asks Adams if any information on the premiums cost for flood insurance. Adams explains that the maps are the maps, he explains that Congress passed BW12 to make FEMA more viable and the law dictates that FEMA do the same. He states that some policies have increased 300 -400 %. He explains that the Flood Insurance Affordability Act was passed on March 21, 2014 and that most people should not see that 300 -400% increase. Lang states that he has gotten calls from residents who are deemed to be in the flood zone that have never seen any flooding. Adams explains that the designation is based on the 100 year flood noting that if a hurricane "Sandy" hit Beverly those properties would most likely see flooding. Councilor St. Hillaire asks if there is any way for a resident to challenge the rewriting of the maps. Adams explains the process that a resident can request a letter of map amendment if they can prove that the first floor living area is above the flood zone. He also explains that a letter of Map Change can be requested using scientific data which can be presented to FEMA and if they agree they will reissue. Beverly Planning Board/ Beverly City Council Joint Public Hearing May 5, 2014 Guanci explains that the city decided last year that there was not enough scientific data to appeal. Adams explains that the Engineering Department reviewed it and determined that there was not enough scientific data to appeal. Adams explains that the proposed zoning amendment allows the 88 properties which are now included in the floodplain to be eligible for the Federal Flood Insurance that they would not otherwise have access to. Councilor Silva expresses concern that residents were notified of a meeting and they are not in attendance this evening. He asks if there will be a second attempt to notify residents of the changes to the FEMA maps. Adams explains that he does not have the authority to do that and explains that the banks hire firms to assess properties and determine if it is in the floodplain or not. He notes that the city has no role in the decision process. He further explains that if a bank tells a property owner that they need insurance, the City can advise the owner to apply to FEMA for a Letter of Amendment. Zambernardi explains that the Public Services Department sent a letter to the residents notifying them of the FEMA map changes and informing them that meetings were scheduled to be held in Everett, Lynn and Newbury that residents could attend. Silva states that we should do a better job communicating with people and notifying them that their property is in the flood zone and they should look into that. Adams stresses that the final determination is not made by the City. Councilor Martin states that he agrees that the City should better inform the residents. Councilor Lang agrees and states that he supports keeping people better informed about this process. He suggests that the City should be able to notify residents that the flood maps have changed and suggest that their properties may be affected. Councilor Guanci asks if there is a way for residents to prove that they are not in the flood zone. Adams explains the process for a Letter of Amendment or a Letter of Change. Councilor Rand clarifies that the residents need to be informed of the changes by FEMA. Councilor Guanci asks Mr. Thompson if there are any members of the Planning Board who have questions or comments. Beverly Planning Board/ Beverly City Council Joint Public Hearing May 5, 2014 Thompson asks if Planning Board members have any questions or comments at this time. There are no questions or comments at this time. Councilor Guanci opens the hearing up for public comment at this time. Michael O'Brien of 9 Willow Street addresses the Council /Planning Board and explains that he has experience with the flood maps and explains that changes in the late 70 -80's led to the installation of a wall on Dane Street beach. He explains that is was designed by CDM at the time. He explains that in other more detailed maps of Dane Street Beach the berm that was installed has been excluded. He questions why part of the berm is not above BFM noting that there are 22 new properties included. He further notes that if that berm is recognized those 22 properties could be excluded. He also questioned what it would take to make the entire berm in the flood zone. O'Brien notes that there is a property on Silver Court that was quoted $5,000 per year and they appealed it and they are now paying $460 per year. Rich Marciano of 141 McKay Street addresses the Council /Planning Board and states that the only ones that care if a property is in the flood zone is the bank. There being no further questions or comments' regarding this matter, Guanci declares the public hearing closed. Thomson informs those present that the Planning Board will be holding a special meeting at this time to consider a recommendation to the City Council on the proposed zoning amendment and the Adoption of 2014 Flood Insurance Rate Maps. The meeting will be held in conference room B. Beverly Planning Board/ Beverly City Council Joint Public Hearing May 5, 2014 This Documents is Subject to Review and approval by the Planning Board CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Special Meeting of the Planning Board Date: Monday, May 5, 2014 Location: Beverly City Hall, City Council Chambers Members Present: John Thomson, Ellen Hutchinson, John Mullady, Ned Barrett, Catherine Barrett Members Absent: James Matz, Wayne Miller, David Mack, Ellen Flannery Others Present: Assistant City Planner Leah Zambernardi Recorder: Leah Zambernardi Thompson calls the meeting to order at 8:10 p.m. a. Discussion /Recommendation City Council Order #104— Proposed Amendment Relative to Floodplain Overlay District and Adoption of 2014 Flood Insurance Rate Maps Members of the Board discuss the proposal. Hutchinson: Motion to recommend to the Council that it adopt the proposed Zoning Amendment and Map Change. N. Barrett seconds the motion and it carries unanimously. Mullady: Motion to strongly encourage that the City Council seek CRS status and explore flood mitigation options for people impacted by the map changes. Hutchinson seconds the motion and it carries unanimously. Members of the Board also recommend that a letter be sent by public works to residents being impacted by the map change. The list of impacted residents should include those people that have land and structures in the flood zone and those people that just have land in the flood zone. The letter should recommend that the resident seek information from their insurer and get flood insurance before the maps come into effect in July. The meeting is then adjourned. �1 Beverly Planning Board/ Beverly City Council Joint Public Hearing May 5, 2014