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Board of Aldermen

Appropriations Committee Meeting Minutes

Monday, 16 July 2007

JOINT PUBLIC HEARING WITH THE PLANNING BOARD

Appropriations Committee

Chairman Brodeur, Boisselle, Buonopane, Conn, Forbes, Heavey, Seaboyer, Wright, Mortimer

Absent: Infurna, Tramontozzi

Attending: Planning Board members Chairman Mike Cassavoy, Richard Connolly, John Sadowski, Robert Mercado, Gerry Marcus, Ed Cassidy, Tom Pawlina

Absent: Anne DeSouza-Ward, Carla Francazio

In attendance: City Planner Denise Gaffey, Assistant Planner Matt Hennigan, Building Commissioner John Luther

 

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