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2014-06-16Beverly Planning Board/Beverly City Council Joint Public Hearing June 16, 2014 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Joint Public Hearing of the Planning Board and the Beverly City Council Date: Monday, June 16, 2014 Location: Beverly City Hall, City Council Chambers Members Present John Thomson, Ellen Hutchinson, Ellen Flannery, Catherine Barrett, Ned Barrett, Wayne Miller Members Absent James Matz, John Mullady, David Mack 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, City Solicitor Stephanie Williams and City Clerk Kathleen Connelly 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). 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 #131: ORDERED: Amendment to the Beverly Zoning Map to include the "'Beverly Harbor Interim Planning Overlay District" and Amendment to the Beverly Zoning Ordinance Chapter 38 -21 introducing a new Section (38 -31. F) entitled Beverly Harbor Interim Planning Overlay District (BHIPOD). Guanci calls upon City Solicitor Stephanie Williams to address the Council/Planning Board to explain the proposed amendment. Ms. Williams addresses the Council/Planning Board and explains that she is standing in this evening for City Planner Aaron Clausen who is unable to be here this evening. She explained Page 1 of 7 Beverly Planning Board/Beverly City Council Joint Public Hearing June 16, 2014 that the proposed amendment seeks to introduce a new overlay district within Section 38 -31. F entitled Beverly Harbor Interim Planning Overlay District ( BHIPOD). Williams explains that the BHIPOD is intended to strengthen land use controls and enhance development requirements for new projects proposed in the Waterfront Development (WD) Zoning District. She also noted that the proposed amendment is a temporary change to zoning regulations that will provide the City time to conduct a public planning process resulting in new zoning requirements for the harbor front area. She also noted that the interim district is also offered for consideration in anticipation of the boundary review process of the Beverly Designated Port Area (DPA) carried out by the Massachusetts Coastal Zone Management (CZM). Assistant City Planner Leah Zambernardi addresses the Council/Planning Board and explains that the BHIPOD is being put in place in the event that the Beverly DPA boundary is lifted or amended and the permanent re- zoning for the area is not yet in place. She explained that the BHIPOD would be in place for a two year period and it can be extended for six months by a vote of the City Council if the rezoning process is not completed at the end of the two years. She noted that she expects that the rezoning process should be complete within the two year period. Zambernardi also explains that the BHIPOD will allow the City time to conduct a planning process to establish new zoning requirements for the harbor front area that will align with the City of Beverly Master Plan and the Beverly Harbor Plan objectives. Zambernardi explaines that there are some changes proposed in the BHIPOD such as the elimination of multiunit housing developments for the interim period as well as bowling alley, roller skating or ice skating rink where uses are contained entirely indoors. She also states that there are more Special Permit criteria included to add more attention to the use of materials, scale to the surrounding neighborhood and the relationship to the public way including the water side. Zambernardi explains the proposed BHIPOD amendment as follows: a. The City of Beverly Master Plan and Beverly Harbor Plan both call for the removal of the DPA to permit redevelopment of the harbor front area, including but not limited to new mixed use development, expanded public access and waterside recreational facilities, while protecting the City's existing marine and waterfront resources. b. The Beverly Designated Port Area boundary review process is anticipated to occur over a 9 -12 month period. The DPA review will result in a decision that is expected to alter the current location of the port area boundary thereby opening up the waterfront for redevelopment. Should CZM amend or eliminate the DPA, the BHIPOD will be utilized as an interim zoning measure governing the uses of affected parcels while the planning process is completed and zoning requirements are adopted for long term redevelopment of the harbor front area. Page 2 of 7 Beverly Planning Board/Beverly City Council Joint Public Hearing June 16, 2014 d. The public planning process will be conducted simultaneously with the DPA boundary review process and will create a vision for future development along the harbor front and to establish new zoning standards in accord with the vision. Zambernardi explains that the first meeting for the planning process is scheduled for June 26, 2014 at 6:30 p.m. at Beverly City Hall in the Council Chambers. Guanci asks if Councilors have any questions regarding the presentation. Councilor Lang addresses the Council/Planning Board and notes that for such a small area there are a lot of uses allowed and suggested if it would be better to limit the uses to keep it more related. Zambernardi states that they thought about whether it would be better to keep the uses more water related but explained that they think that some of the uses could be part of a larger project. Councilor Lang noted the Ventron property and stated that it would be nice to include that in the district as well. Councillor Houseman asks if any thought has been given to getting a recommendation from the Harbor Management Authority on Special Permits, noting that comments are solicited from other city boards and commissions by the Planning Board. Zambernardi states that they would definitely consider input from the Harbor Management Authority and noted that the City would consider their comments in the re- zoning process. Williams explains that the HMA has some ability to weigh in, in accordance with the legislation that created the Authority. She noted that they would continue to play the role it has now. Councilor Houseman asks if that could be changed so that the HMA could review zoning relative to zoning changes on the waterfront. Councilor Guanci stated that the City Council has two more public hearings scheduled this evening at 7:30 p.m. and 7:40 p.m. and requests to recess this public hearing for a few minutes to open the next scheduled hearing. Councilor Latter moved to recess the public hearing at this time. Councilor Silva seconds the motion the motion carries (9 -0). Thomson asks for a motion to recess the public hearing at this time. Hutchinson moves to recess the public hearing at this time. Flannery seconds the motion. The motion carries (5 -0). Guanci reconvenes the public hearing at this time. Page 3 of 7 Beverly Planning Board/Beverly City Council Joint Public Hearing June 16, 2014 Councilor Houseman explains that at the Harbor Management Authority meeting last week there was discussion about whether their participation in the process is allowed under the existing ordinance. Councilor Houseman and Williams discuss commercial and recreational marinas. Councilor Frates asks if there is any opportunity for boards to participate in the BHIPOD that are not currently allowed by the ordinance. Zambernardi states not currently and explains that they are trying to maintain what is there now. Councilor Rand states that she thinks that the BHIPOD zoning is a good idea but noted that some of the uses by Special Permit do not make sense with what is currently on the waterfront. Williams states that the interim zoning is not intended to engage a full rezoning effort and explains that they intend to have a well thought out comprehensive planning process that will offer real protections. She also noted that the administration is open to moving some uses that are now by right into the Special Permit category. She further explains that the DPA prevents most of these uses by right now. Councilor St. Hillaire addresses the Council/Planning Board and questions what the advantage is to doing this now and asked if they considered waiting for the public process to begin. Zambernardi explains that the purpose of the BHIPOD is to create some additional zoning that would allow for some comfort with re- zoning as the DPA process proceeds. She also noted that they took into consideration that the City Council recesses in the summer. She explains that the staff will be working on this over the summer and it is their hope that the amendment will be submitted to the Council after the recess. Williams states that they are open to shifting some uses that are now allowed by right to the Special Permit process. Councilor Guanci requests to recess this public hearing for a few minutes to open the next scheduled hearing. Councilor Latter moved to recess the public hearing at this time. Councilor Silva seconds the motion the motion carries (9 -0). Thomson asks for a motion to recess the public hearing at this time. Hutchinson moves to recess the public hearing at this time. Flannery seconds the motion. The motion carries (5 -0). The public hearing reconvenes. Councilor Silva clarified with Zambernardi and Williams that what this zoning does is to provide interim zoning for the gap between the DPA process and the completion of the zoning amendment process, to make it more restrictive and to give the city an opportunity to have a public process on the zoning amendment before any future development is proposed. Page 4 of 7 Beverly Planning Board/Beverly City Council Joint Public Hearing June 16, 2014 St. Hillaire notes that CZM started the process two months ago and noted that they indicated that the process could be as short as 6 -8 months. He questioned if that is enough time for the zoning amendment to be completed. Councilor Lang states that if the DPA removal request is approved these regulations would be in effect regarding development and essentially someone could put a bank with gymnasium on the waterfront. Zambernardi explains that it could but pointed out that it would be a use by a special permit and Site Plan Review would trigger at 5,000 s.f. Guanci asks for questions or comments from the members of the Planning Board at this time. Hutchinson raises a question regarding the time limit for the BHIPOD. Zambernardi explains that it would be for two years with the option for it to be extended with approval of the City Council. Councilor Silva clarifies that the amendment is more restrictive than what can currently be done in the district and it is not expanding the uses. Williams agrees. Councilor Rand states that it would be nice if the BHIPOD district could be expanded further than the area of the DPA. Guanci opens the hearing up for public comment at this time. Mr. Frank Kinzie of 36 Washington Street addresses the Council/Planning Board and states that Beverly Port Marine is supportive of the efforts to eliminate the DPA. He states that he questions the elimination of multifamily dwellings by right and suggests that they move it to the Special Permit category. Zambernardi states that they were looking at the potential for a larger project such as Tucks Point to come in and this will allow for more time to look at long term planning goals. She also notes that they are looking to protect the fishing industry. Kinzie states that they have been considering a mixed use development and this zoning would not allow that. Kinzie expresses concern about the definition of "view corridor" and states that it would give abutters a reason to oppose a project just because it obstructs their view in some way. Zambernardi explains that the definition of view corridor is not defined in the zoning ordinance but that is intended to maintain current views and provide some guidelines. She reviews Section G of the WD and notes that it is still applicable with this zoning. Mr. Marciano of 141 McKay Street addresses the Council/Planning Board and states that feels that this is putting the cart before the horse. He states that the city has spent a lot of money in the past planning for things that have not happened, noting the Black Cow Restaurant. He asks what this process is costing the City of Beverly. Zambernardi reports that the work on this was done Page 5 of 7 Beverly Planning Board/Beverly City Council Joint Public Hearing June 16, 2014 by Planning Department staff and the only cost incurred was the cost for the legal notice in the newspaper. Marciano states that he would like to see the historic landing preserved and public access. He also expresses concern that the McDonald's location is unsafe and a restaurant location should be moved. He also states that he agrees with Councilor Lang that there are a lot of uses allowed for that area. Rose Maglio of 30 Pleasant Street addresses the Council/Planning Board and expresses her concerns about the amendment noting that she feels that the city should have rezoned before asking the state to remove the DPA. Bill Ambrefe of Water Street addresses the Council/Planning Board and suggests that historic preservation be considered as well. He also notes that the zoning should not be too restrictive for residents and infringe on their rights as property owners. Councilor Houseman asked about making changes to the BHIPOS and if they will have to re- advertise if changes are made that are more restrictive than the original proposal. Williams explains that they view it as consistent with any other proposed amendment and is subject to the same rules. There being no further questions or comments' regarding this matter, Guanci and Thomson declare the public hearings closed. Thomson informs those present that the Planning Board will be holding a special meeting at this time in conference room B to consider a recommendation to the City Council on the proposed zoning Amendment to the Beverly Zoning Map to include the "'Beverly Harbor Interim Planning Overlay District" and Amendment to the Beverly Zoning Ordinance Chapter 38 -21 introducing a new Section (38 -31. F) entitled Beverly Harbor Interim Planning Overlay District (BHIPOD). The meeting was adjourned at 8:20 p.m. Page 6 of 7 Beverly Planning Board/Beverly City Council Joint Public Hearing June 16, 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, June 16, 2014 Location: Beverly City Hall, Conference Room B Members Present John Thomson, Ellen Hutchinson, Ellen Flannery, Catherine Barrett, Ned Barrett, Wayne Miller Members Absent James Matz, John Mullady, David Mack Others Present: Assistant City Planner Leah Zambernardi, City Solicitor Stephanie Williams Recorder: Leah Zambernardi Thomson calls the meeting to order at 8:10 p.m. Discus sion/Recommendation City Council Order #131— Proposed Amendment Relative to Amendment to the Beverly Zoning Map to include the "'Beverly Harbor Interim Planning Overlay District" and Amendment to the Beverly Zoning Ordinance Chapter 38 -21 introducing a new Section (38 -31. F) entitled Beverly Harbor Interim Planning Overlay District (BHIPOD). Members of the Board ask questions of Williams and Zambernardi. It is felt that having Planning Director Aaron Clausen's input on their questions would be beneficial to inform their decision. Hutchinson: Motion to continue the matter to the Board's meeting on June 17, 2014. Miller seconds the motion and it carries unanimously (5 -0). The meeting is adjourned. Page 7 of 7