05-21-19 BPB MinutesCITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Planning Board Meeting
Date:
May 21, 2019
Location:
Beverly City Hall, City Council Chambers
Members Present
Chair Ellen Hutchinson, Vice Chair Ned Barrett, Sarah Bartley,
Derek Beckwith, William Boesch, Ellen Flannery, Allison
Kilcoyne, Wayne Miller
Members Absent:
Alexander Craft
Others Present:
Assistant Planning Director Darlene Wynne
Recorder:
Samantha Johanson, Recording Secretary
Chair Ellen Hutchinson called the meeting to order at 7:00 p.m
Subdivision Approval Not Required Plans
There are none.
Approval of Minutes (as available):
There are none.
Flannery: Motion to recess to Public Hearing. Derek Beckwith seconds the motion. The
motion is approved (7 -0).
Continued Public Hearing: OSRD #11 -18 — Off Thaxton Road and Grover Street
Construct a new 250' long dead -end private roadway off of Thaxton Road with three new
single- familv residential lots and a 3.15 -acre oven space parcel — Hickory Street Realtv
Trust
Materials added into the record
• Planning Department Staff Report
• Letter from applicant, dated 5/20/19
Darlene Wynne explains to the Board that they have received a letter requesting a continuance.
Flannery: Motion to continue the Public Hearing to the June 18, 2019 meeting. William
Boesch seconds the motion. The motion is approved (8 -0).
Continued Public Hearing: 53 Williams Street Definitive Subdivision Plan — Creation of
Private way and two single- family lots, where one lot exists — MJP Properties, Inc.
Materials added into the record:
• Planning Department Staff Report
• Letter from Griffin Engineering Group, LLC, Robert Griffin, dated 5/15/19
• Definitive Subdivision Plan, Griffin Engineering Group, LLC, dated 3/11/19
• Letters from City Engineer, dated 5/20/19 and 5/21/19
The applicant has proposed a new private roadway of 40' wide by 57' long that acts as a
hammerhead turn- around at the end of Williams Street and creates frontage for two residential
single - family lots, where one lot exists now. The property is located in the R10 District. An
existing house on the lot will be demolished and two new houses built.
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Meeting Minutes
May 21, 2019
Wynne tells the Board that two additional letters have been received from the City Engineer.
Bob Griffin of Griffin Engineering, tells the Board that at the last meeting the Board asked them
to map out all trees 12" or more in diameter, which are shown on the most updated plans. He
also modified the drainage easements and the stormwater drainage feature on the plans by
extending the drainage easement, so it can come down the private way. The site layout is the
same as it was previously, but they have identified some trees in the work area that they are able
to save. The City Engineer recommended that they add a permanent inlet filter to the catch basin.
Griffin then shows the Board the revised utility plan, which will meet the City of Beverly
requirements.
Hutchinson asks what was the size of the easement area before and what it will be in the current
plan. Griffin tells her that they added a couple thousand square feet to the drainage easement.
Beckwith asks Griffin what was the path prior. Griffin explains that there was no path before.
Flannery asks if the Fire Captain had any comments about the new plans. Griffin says that if the
houses are going to be more than 500 feet from a water main, they have to install sprinklers in
the houses.
Wynne tells the Board they have received additional letters from the Engineering Department
(Eric Barber) dated 5/20/19, which stated that the applicant has satisfactorily addressed the
concerns and comments made by their department. Wynne also received a memo from Mr.
Barber, dated 5/21/19, which documents a conversation he had with an abutter regarding their
concerns. Some of the issues reported were the calculations used in the stormwater report and the
direction of water shed towards the retaining wall. The Engineering Department reviewed the
documentation and they believe the soil analysis is reasonable for that particular location. Wynne
then tells them that the abutter has some concerns that he would like to voice to the Board.
Hutchinson then invites the public to speak.
Karen Adamo, 49 Williams Street, asks where the trees are that are not going to be disturbed.
Griffin shows her where those trees are on the map near her property.
Joe Mendola, owner of 51 Williams Street, comments that his two issues with this project are
mainly his retaining wall for the structural issue, as well as the water behind his yard, which will
cause him additional issues. Griffin comments that they are trying to be considerate regarding his
retaining wall and keeping the grading near it, but at least 7' away. He doesn't believe his
property will be impacted. Griffin then explains that there will be a reduction in the amount of
water heading in that direction.
Hutchinson explains to the Board that they were given a list of conditions that could consider if
they were to approve the project. Flannery asks if the HOA is part of their decision. Wynne
answers it is not subject to the Board's review.
Hutchinson asks Griffin to address any blasting that the project may require. Griffin points out
on the plan a ledge that may need to be removed, but notes that would encroach into the buffer
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May 21, 2019
zone and would need the Conservation Commission approval. He says they are trying to avoid
blasting that area.
Wynne clarifies that the applicant has satisfied all of the comments in the City Engineer's letter
dated 4/8/19, according to their 5/20/19 letter. She adds these don't need to be adopted as
conditions, but they can incorporate the letter into the decision.
Barrett asks Griffin what they are expecting the HOA to take care of. Griffin tells him they are
expecting the HOA to be responsible for maintaining the private way, snowplowing, and other
issues that may come up associated with the property. Barrett then asks if the owners would be
responsible for trash. Griffin tells him in a lot of private ways, the City picks up trash.
Barrett: Motion to close the Public Hearing. Beckwith seconds the motion. The motion is
approved (8 -0).
Hutchinson asks to Griffin review the list of waivers they were requesting:
1. The Plans drawn at a scale of F =20' instead of F =40'.
2. That an Index sheet showing the entire subdivision at 1' =100" not be provided.
3. Requested the plans not show the location of the trees to be retained with trunks over 6-
inches in diameter, measured 4 -feet above the ground. Trees located adjacent to the proposed
private way are shown in the plans. The project area is primarily wooded, consisting of
mature trees and scrub vegetation. The proposed work is located as close to Williams Street
as possible to limit the amount of clearing required for the project.
4. That the minimum width of the right -of -way be 50 -feet and the minimum pavement width be
32 -feet.
5. That a dead end street not be longer than 500 -feet.
6. That instead of a cul -de -sac they will put in a hammerhead turn around.
7. That there be no sidewalks since there are none currently on Williams Street.
8. That there is no curbing since there is no curbing currently.
9. No street trees are being proposed because there is ample vegetation already on the site.
10. No fire alarm being proposed because that is from the old subdivision regulations.
Barrett: Motion to approve the Definitive Subdivision Plan for 53 Williams Street with the
following conditions: 1) Work shall conform to the project plans as named below,
attached and incorporated herein. "Definitive Subdivision Plan for 53 Williams
Street" Beverly, MA, Sheets C -1, C -2, C -3, C -4, and D -1 dated 3/11/2019 and as
revised through 5/15/2019 and Cover Sheet and Sheet D -2 dated 3/11/2019, all
prepared by Griffin Engineering Group, 495 Cabot Street, 2n Fl, Beverly, MA
01915. 2) That no substantial corrections, field modifications, additions,
substitutions alterations, or any changes shall be made in any plans, proposals,
and supporting documents approved and endorsed by the Planning Board without
the written consent of the Planning Board, which in its sole discretion, may
determine such sustainability. Any requests for substantial modification shall be
made to the Planning Board for review and approval and shall include a
description of the proposed modification, reasons the modification is necessary
and supporting documentation. 3) That the applicant apply for and receive a
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Determination of Applicability (RDA) from the Conservation Commission, prior
to the issuance of a Building Permit. 4) That if proposed house on Lot 2 cannot be
moved out of conflict with the ledge, the project proponent will have to provide
information as to the condition of that ledge and whether hammering vs. blasting
will be necessary to the Conservation Commission. The integrity of the ledge
within the buffer zone will need to be maintained in order to not trigger further
Commission review of this activity. 5) Subject to compliance with the standard
conditions set forth in the Board of Health comment letter dated 4/1/19,
incorporated herein and attached hereto. 6) Subject to compliance with all the
standard and specific requirements and conditions set forth in the letters from the
City Engineer, dated 4/8/19 and 4/29/19, where not already addressed, as
incorporated here in and attached hereto. 7) Prior to requesting a Building Permit,
Draft Homeowner's Association documents regarding maintenance of all
roadways, utilities, and stormwater management, and all other responsibilities of
the HOA shall be submitted to the Planning Department and Engineering
Department, with consult from the City Solicitor's office as necessary. This shall
include: a 5 -year maintenance agreement of the stormwater management system
as requested by the Engineering Department. 8) Prior to the sale of the property
and prior to requesting an occupancy permit, final Homeowner's Association
documents, per the above condition, shall be recorded at the Registry of Deeds
after approval by the Planning Department and Engineering Department. 9) Prior
to the sale of the property and prior to the request for a Certificate of Occupancy,
draft property deeds shall be shared with the Planning Department for review and
confirmation that the Homeowner's Association is referenced. 10) That the
applicant will meet with the Beverly Fire Department as soon as possible
regarding need for residential sprinkler system and provide written confirmation
of the desired resolution from the Fire Department, to the Planning Department
prior to requesting a Building Permit. By granting this approval, the Board is
hereby granting the waivers from Section 375 -13.B, Section 375 -14.C, Section
375 -14.E Subsection 1, Section 371 -14.E Subsection 2, Section 375 -27, Section
375 -28, Section 375 -30, Section 375 -33, Section 375 -34. Flannery seconds the
motion. The motion is approved (7 -0 -1, Miller abstains).
Continued Public Hearin: Site Plan Review Application #138 -19 — 50 Dunham Road — 44
Dunham Ridge — Construct a two story high -bay building for manufacturing, office, and
storage use, with associate surface parking — Dunham Ride LLC
Materials added into the record:
• Planning Department Staff Report
• Letter from Cummings Properties, Michael Aveni, Senior Project Architect, dated
5/16/19
• Memo from City of Beverly Planning Board to Michael Aveni, Steven Drohosky,
Cummings Properties, dated 5/10/19
• Letter from Cummings Properties, Michael Aveni, Senior Project Architect, dated
4/24/19
• Letter from Cummings Properties, Michael Aveni, Senior Project Architect, dated
4/26/19
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• Email from Mike Aveni, dated 4/26/19
• Site Plan Review Application/Modification of Site Plan Review Application, dated
1/29/19
• Drawings from Dunham Ridge, LLC, dated 2/8/19
• Memo from Rodney Emery, Traffic Consultant, dated 1/18/19
• Letter from Board of Health, dated 4/1/19
• Letter from Fire Department, dated 4/9/19
• Letter from Department of Public Services, dated 4/8/19
• Letter from Design Review Board, dated 3/8/19
50 Dunham Road is an approximately 54 -acre parcel that now contains 4 buildings, including 2
office /mixed - commercial buildings, 1 manufacturing building, and 1 parking garage.
Additionally, the foundation of a 5 th permitted office building has been constructed and another
area of the site has been permitted for an assisted - living project yet to break ground. In total, the
site is permitted for approximately 550,000 sf of permitted commercial office or industrial space,
with 350,000 sf of that completed or nearly completed (not including 954).
Wynne reads the Public Notice.
Michael Aveni, architect for Cummings Properties introduces himself and Steve Drohosky,
General Manager of the Cummings Center in Beverly to the Board. They are proposing to build
a 2 -story high tech, manufacturing building at 44 Dunham Ridge. Aveni shows the Board where
the proposed building on the site will be. He explains because the building is on a hill, the lower
level will be accessed from the east and the upper level will be accessed from the western part of
the property.
Aveni comments that regarding the current project that the Conservation Commission issued an
order of conditions back in 2018 and received a comment letter from the Conservation
Commission with additional items to consider for the project. The Design Review Board issued a
recommendation letter, as well as the Board of Health and the Fire Department which both
issued comment letters. They will have to follow up with the Fire Department to let them know
there will be access on three sides of the building. They received a letter from the Planning
Department and will reply to the items in that letter as well. The Engineering Department sent a
condition of approval letter, after addressing items that they asked the applicant to do. The
Parking and Traffic Commission issued a recommendation letter as well. Aveni then showed the
Board some renderings showing where the buildings are built into the slope, and he pointed out
the access points. They have tried to make sure that their design is similar in style to the other
buildings up on the property with style such as metal paneling. He comments that they met with
the Parking and Traffic Commission with regard to parking and demonstrated to them how it will
be on the site. They have calculated that for the manufacturing piece of the building they will
need about 127 spaces. Aveni tells the Board they have not designed the interior yet, because
they are not sure if there will be one company in the building or two.
Wynne asks Aveni if they have added a bike rack. Aveni shows it on the plan, but notes they
may put it elsewhere on the site. Wynne suggests for security purposes; it would be good to have
some in the garages as well.
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Aveni then shows them the grading and drainage plan and tells them that he has been working
with the Engineering Department on this. The Engineer has asked them to build a structure at the
end of it so they can access it to be able to inspect it. He explains that the system can
accommodate the clean water being dumped from the roof drains. The Conservation
Commission provided a letter with some conditions and also some items they still need to
provide before permits are issued. Aveni says that since Harmonic Drive is already on the site
they have run the utilities on the property, so they already exist and installation should be easy.
The Board had asked them to put more landscaping by the buffer zone on the property on the
Northern border. He then points out the elevations that were presented to the Design Review
Board, which help to continue the design theme that Harmonic Drive already has.
Miller asks Aveni about the west elevation and if the HVAC is all on the roof. Aveni explains
that if they get a high tech company with a lab, that will determine what the HVAC will be. So
that is why it is not displayed on the plan. But regardless, they will make sure all of the
equipment is quiet if it needs to go on the roof.
Hutchinson asks Aveni how did they determine the amount of parking spaces if this is only a
spec building. Aveni tells her they used a manufacturing number, 1 space per 400 sq. ft.
Miller asks if they will have any vehicle charging stations. Drohosky tells them they do not
currently, but are considering it. They are also considering doing solar at this property.
Hutchinson asks why they didn't use a combination of the three parking uses to determine the
number of parking spaces needed for the property. Aveni tells her that they plan to design this
space as a high -tech manufacturing space with high ceilings, so they don't anticipate a lot of
office space within the building. Drohosky comments that there is a demand for this type of use,
and that is how they will be marketing the building.
Hutchinson then asks how the project impacts the environmental notification and MEPA
Certificate. Aveni tells her they filed an Environmental Notification Form and got a certificate
from the state, which didn't require an Environmental Impact Report (EIR). They met with
MEPA and had a scoping meeting with them, and they are in the process of submitting a Notice
of Project Change and he believes that will lead to a Final EIR as opposed to going through
multiple phases of the EIR. They are asking for the traffic and greenhouse gas reports, so they
are waiting on their engineers to finish them. Aveni tells the Board they are hoping to resubmit
the package in about a month or so and go through that process.
Hutchinson asks Aveni what the possible implications may be when filing an EIR. Aveni tells
her nothing, that they have proven that the traffic works, but if there are additional developments
on the site, there may need to be some new traffic mitigations. But he does not expect the EIR to
trigger anything where they would need to make any more changes. Hutchinson then asks Aveni
if he would like to address the traffic issue. Aveni tells her they went before the Parking and
Traffic Commission to present the project, and based on the mitigation for 52 Dunham Ridge,
which was to widen Dunham Road and to signalize Dunham and 128 South off ramp, it was
determined that this project would have no real impact on the traffic. Aveni comments that
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Parking and Traffic recommended they go to the state to expand the traffic study. The state told
them that the 7 intersections that they studied was more than appropriate for their project. The
full report shows that with this project it wouldn't change the level of service at any of the other
intersections.
Miller comments that a letter dated May 7, 2019 from Parking and Traffic Commission states
that the applicant agreed to implement mitigation measures to further reduce traffic impacts due
to developing the entire property and to reduce parking demands for existing and future uses
onsite. He then asks if that traffic mitigation is the previous determination. Aveni tells him that
they had the same discussion with Parking and Traffic and what the next steps were and they
were specifically looking at number 40, which is by the Dunham Castle Condominiums. When
that is developed, the traffic mitigation may have to be looked at again. Miller then asks in the
future, what would the mitigation entail. Aveni explains that down by Brimbal Ave, they may
have to do some additional widening of the road. Drohosky then adds they may have to add some
traffic signals at Brimbal and Dunham, and at 128.
Hutchinson comments that 3,000 trips are a lot for that development. Hutchinson then asks for
them to clarify that there would be about 311 trips during peak hours in the morning, and with
this development it would increase to 352. Aveni confirms those numbers. In the afternoon, it
will go up to 374 trips.
Beckwith comments that the bike rack doesn't seem like a comprehensive measure to get people
to take other modes of transportation for that area. He asks if there are other alternative modes of
transportation that they are considering for the site. Drohosky tells Beckwith, that it is a
challenge to get people to take other modes of transportation, other than their car, since the office
park is not serviced by public transportation. They are trying to promote carpooling for
employees when possible. At Cummings Center they have free shuttle from the train station to
the office park, so that is a possibility down the road for Dunham Ridge. Drohosky tells
Beckwith part of the approval for 52 building was to have a pathway on the eastern side of the
building close to the pond to connect to the trail towards the recreation area so that people can
either walk or bike to work, but not a likely way to commute for most. In the 48 building, they
are providing showers, so if someone were to bike to work they could utilize that if needed free
of charge.
Beckwith asks about the final point in the Conservation Commission letter, which referenced a
staging area. Aveni comments that they need to find another place for that.
Wynne comments that the Planning Board needs to address the buffer zone, it is a zoning code
issue. She tells them it is a recommendation from the Planning Board to the Building Inspector at
the time of occupancy, but instead of rushing it at a later date, she suggest that they address it
now. She tells them it states that for any new non - residential use on a lot in an industrial or
commercial district that abuts an R District use, there shall be a buffer yard, that shall consist of
landscape plantings, including evergreens, of such height that will adequately screen from view
any light glare, parking lots, bays, or accessory uses, and fences, wells, and berms, may be
included which shall not be used in place. Adequacy of screening shall be approved by the
Building Inspector after consultation with the Planning Board and will be incorporated into the
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Building Inspector's record. She comments that this was missed during the Harmonic Drive
project, and this is a different context, as the obligation is on an industrial lot to provide it.
Miller asks if the building can be seen from the paths. Aveni comments that the building is built
into a slope, but if someone was up in the path higher than the building they may be able to see
it. Drohosky states that they are fine with the condition that the screening needs to be satisfactory
to the Building Inspector, but he doesn't believe they need to mitigate any screening from the
existing trees.
Barrett asks for him to show them to show a better view of what Presidential Circle looks like in
relation the building. Aveni then shows him that between the building and residential area on
Presidential, is the Harmonic building. The way the elevation drops, the existing trees will be
about 40 -60 feet high from that building.
Hutchinson comments that there is nobody from the public present to speak about the project.
Hutchinson asks what the Board would like to recommend to the Building Inspector regarding
the buffer area. Barrett comments that he doesn't see an issue. Hutchinson then comments that if
they were to deem to the Building Inspector that their recommendation of the current foliage
being sufficient enough and the Building Inspector disagrees then the applicant would have to
meet with the Building Inspector to improve it.
Miller recommends to the applicant they may want to put different windows other than glass,
because it could cause substantial glare.
Barrett asks Wynne if they are waiting on any other recommendations from any committees. She
tells him that they are not, but clarifies that they have received a follow up letter from the
Engineering Department, on 5/20/19, that states three conditions that they would like
incorporated into the Board's decision, which supersedes the prior letters. They also received a
Parking and Traffic letter, dated 5/20/19, which lists some conditions that could also be
incorporated. They received a letter from the Conservation Commission on 5/20/19, which also
lists some conditions that they suggest being added to the Board's decision as well.
Aveni comments that they are fine with everything listed in the letters that Wynne mentioned.
Wynne comments that the City Engineer wants the Board to incorporate the response to his
comments from the Cummings Center as part of the decision and their response to the Planning
Department's comments as findings.
Barrett: Motion to close the Public Hearing. Flannery seconds the motion. The motion is
approved (8 -0).
Barrett: Motion to approve site plan review application 9138 -19 contingent upon the
following conditions: 1) Work shall conform to the following project plans:
Issued for Site Plan Review for 50 (44) Dunham Road, Beverly, Massachusetts; 9
sheets dated 2/8/2019; scale varies; all prepared for Dunham Ridge LLC c/o
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Cummings Properties LLC, 200 West Cummings Park, Woburn, MA 01801; all
prepared by ALAN Engineering, LLC, 110 Winn Street, Suite 209, Woburn, MA
01801, as revised 5/15/19. 2) No substantial corrections, field modifications,
additions, substitutions, alterations, or any changes shall be made in any plans,
proposals, and supporting documents approved and endorsed by the Planning
Board without the written approval of the Planning Board, which in its sole
discretion, may determine such sustainability. Any requests for substantial
modifications shall be made to the Planning Board for review and approval and
shall include a description of the proposed modification, reasons for the
modification is necessary and supporting document. 3) Subject to compliance
with the standard conditions set forth in the Board of Health comment letter dated
4/1/19, incorporated herein and attached hereto. 4) Subject to compliance with all
the standard and specific requirements and conditions set forth in the Parking and
Traffic Commission letter dated 5/20/19 to be incorporated herein and attached
hereto. 5) Subject to compliance with conditions and requirements set forth in the
Engineering Department letter dated 5/20/19, incorporated herein and attached
hereto. 6) Subject to compliance with specific requirements set forth in the
5/20/19 Conservation Commission letter incorporated herein and attached hereto.
7) Beverly Fire Department is pleased with the access to the building and in
writing need to request a building permit. In addition, the following letters should
be incorporated by reference in their decision letter dated 4/26/19, regarding
Engineering Department review comments, letter dated 4/20/19, regarding
Parking and Traffic Commission meeting comments, and the letter dated 5/16/19,
regarding the Planning Department review comments from Cummings Properties,
and a letter dated 3/8/19 from the Design Review Board. With respect to
screening and buffer requirements it would be the Planning Board's
recommendation that any such requirements be reviewed and subject to approval
of the Building Inspector the Board believes the current foliage is sufficient and
the applicant agrees that should the Building Inspector disagree with the
recommendation of the Planning Board that the applicant would meet with the
Building Inspector to comply with any recommendations for additional foliage
and screening. Boesch seconds the motion. The motion is approved (8 -0).
Boesch: Motion to return to the regular meeting. Kilcoyne seconds the motion. The motion
is approved (8 -0).
Final Bond Release — Nelson Ave Extension Definitive Subdivision — Release of 20% bond
held after construction completion — Geor2e Belleau
Materials added into the record:
• Planning Department Staff Report
This subdivision was deemed completed, but the Planning Board held 20% of the bond for a
period of 18 months pursuant to the City of Beverly Subdivision Regulations. The City has since
paved the street and therefore the applicant is requesting full release of the Bond. The
Engineering Department supports this.
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Wynne comments that when they deemed the project complete the subdivision regulations ask
that the Planning Board to hold 20% for a period of 18 months while new road construction
occurs. The City of Beverly paved the road again during that time, so the applicant is requesting
the full release. The City Engineer has agreed that is reasonable. So they are seeking the release
of the $6,445.
Flannery: Motion to release the 20% bond, in the amount of $6,445, held after construction
completion. Boesch seconds the motion. The motion is approved (8 -0).
New /Other Business
a. Review: Standard Planning Board Conditions
Wynne comments that the Board can review and make edits to the conditions by cutting
some down and removing some. Once they are accepted, they don't need to say them every
time. The Board discusses the procedures of decisions and possibly changing it. Hutchinson
comments that everyone review the conditions that Wynne has proposed and come back with
suggestions for the next meeting.
b. Beverly Master Plan Update
Wynne tells the Board they had a Public Meeting on May 16, 2019, and about 240 people
attended. The meeting was positive with a short presentation, with boards to interact with.
They are hoping to get out to some public events with an informational table. They will have
an existing conditions report ready sometime in June.
Adjournment
Barrett: Motion to adjourn the meeting at 9:33 pm. Flannery seconds the motion. The
motion is approved (8 -0).
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