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The Joint
Public Hearing is called to order by Chairman Brodeur at 7:35 p.m. to
consider Order No. 07-044A:
Amending
Melrose Revised Ordinances, Chapter 235 – Zoning:
Article II Section 235-5. Definitions (Adding new definitions for
Building Front Yard and Impervious Surfaces and amending the definition
of Open Space)
Article VIII Section 235-38. Location
of Parking Spaces
Article VIII Section 235-41. Parking and Loading Space Standards
As set forth herein.
Chairman Brodeur
says it is a fairly long document to read and therefore does not read it
into the record. Essentially
it proposes six amendments to the Zoning Ordinances.
He asks City Planner Denise Gaffey to give an overview of the
proposal.
Ms.
Gaffey says the purpose of the proposal is to preserve green space in
Melrose and to minimize flooding and problems associated with water
runoff. The package before
them contains a cover letter explaining the origin and subsequent
actions taken, a description of each amendment, and how the language
would appear if the Aldermen vote to approve the amendment.
Ms. Gaffey says the amendment was initiated by a citizen who
reached out to the Aldermen. He
was concerned about residents increasingly paving areas of green space
in front of their properties. He
submitted his own proposal to amend the ordinances which was referred to
the Planning Board. The
Zoning Subcommittee reviewed his proposal and then looked at the zoning
provisions of other cities and towns.
Input was also sought from the Building Commissioner, the City
Planner and the Chairman of the Zoning Board of Appeals.
After lengthy discussions the Subcommittee determined that the
regulation of impervious surfaces would be best addressed by refining
key definitions, clarifying language, and adding provisions to the
existing ordinance. The
proposed changes are very much in keeping with the spirit of what Mr.
DiPietro was trying to accomplish, and the Planning Board feels
comfortable in submitting this.
Chairman Brodeur
invites anyone from the public who wishes to speak in favor of this
proposal.
Mayor
Robert J. Dolan, 14 Heywood Avenue, thanks the Planning Board for its
volunteer efforts. He
supports the amendment saying it responds to the resident's concerns of
paving over green space and will reduce the proliferation of paving in
neighborhoods. It will
preserve green space, help minimize street flooding, and continue to
promote the goals outlined in the Master Plan.
Ralph
Moore, 39 Dexter Road, is in favor of the amendment, saying it is a very
big step in preserving green space.
Chairman Brodeur
asks if there is anyone wishing to speak against the proposed amendment.
Seeing no
one, Chairman
Brodeur declares public participation closed at 7:53 p.m.
Alderman Seaboyer
says he has new respect for open space after living through the Mother's
Day flood last year. He asks
how paving is enforced – if a permit is needed.
Mr. Luther says that when a driveway is repaved, a permit is
required to attach it to the street.
At that time the driveway width requirements are also checked.
He says this proposal does not include a permitting component.
Generally paving over green space is discovered by Public Works
and himself while driving around the City.
Alderman
Seaboyer says he is 100% behind this but there needs to be a way to
enforce it.
Alderman Conn asks
if all existing paved areas will be grandfathered.
Ms. Gaffey says yes. Alderman
Conn says there will be no permitting process under this proposal but
that the Building Commissioner will cite anyone in violation of the
ordinance, and that person will have a chance to appeal.
He asks how many other communities in the area have a similar
zoning component regulating the percentage of pavement allowed.
Ms. Gaffey says there are a lot; she has a spreadsheet of
communities around Melrose, and it is not unusual to have similar
percentages. Alderman Conn says if this has an impact on flooding that is well and
good, but the biggest benefit is the preserving green space and the
character of Melrose.
Alderman Heavey
asks if the decrease in the width of driveways from 24 feet to 20 feet
will still accommodate two cars. Ms.
Gaffey says yes, side by side. Alderman
Heavey asks if the length of the driveway is included in the 20% of the
building front yard area. Ms.
Gaffey says yes, but that pervious materials may be used to extend the
driveway. Alderman Heavey
says it's good that there are alternatives.
Alderman Forbes
says there is no distinction between commercial and residential property
under the term "Building Front Yard".
Ms. Gaffey says that is correct.
Alderman
Forbes asks if crushed stone is an acceptable pervious material.
Mr. Luther says yes. Alderman
Forbes asks if there are relief provisions for handicapped persons.
Mr. Luther says there are zoning exceptions for handicapped
persons as far as the installation of ramps.
Other exceptions are granted on an individual basis.
President Mortimer
says that currently parking on crushed stone is prohibited.
Mr. Luther says that is correct.
President Mortimer
says it was prohibited to prevent petroleum products and antifreeze
seeping into the ground, affecting the water table.
Mr. Luther says he's not sure why it was banned, but he thinks it
was to prevent it from spreading all over the neighborhood.
President
Mortimer says he
assumes the reason behind it is leakage and asks if pervious surface is
something the aldermen should interject into the equation of their
deliberations this evening. Mr.
Luther says the amount of petroleum based material getting into the
water table is would be limited. It
is not necessary to report to the DEP or the fire department if less
than five gallons leak.
Alderman Forbes
says that landscapers find crushed stone to be less expensive than
maintaining grass lawns, and that may be the way of the future.
Chairman Brodeur
says there is variance relief for hardship cases.
Ms. Gaffey says that is correct.
Chairman Brodeur asks if remedies to enforcement would be available
as in other zoning cases. Ms.
Gaffey says yes.
Chairman Brodeur
declares the public hearing closed at 8:10 p.m.
He says the matter now goes back to the Planning Board for
further review and it has 21 days to send its report to the Board of
Aldermen.
Alderman Conn
motions to suspend the Appropriations meeting, 2nd by Alderman
Buonopane. All
in favor.
Appropriations suspended at
8:11 p.m.
Maribeth
Harrington
Clerk of Committees
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