07-16-19 BPB MinutesCITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Date:
Location:
Members Present
Members Absent:
Others Present:
Recorder:
Planning Board Meeting
July 16, 2019
Beverly City Hall, City Council Chambers
Chair Ellen Hutchinson, Vice Chair Ned Barrett, Sarah Bartley,
Derek Beckwith, William Boesch, Alexander Craft, Ellen
Flannery, Allison Kilcoyne, Wayne Miller
Assistant Planning Director Darlene Wynne
Samantha Johanson, Recording Secretary
Chair Ellen Hutchinson called the meeting to order at 7:10 p.m. Hutchinson tells the public the
order in which the agenda will be heard tonight. They have moved up the Depot II Public
Hearing to the first item, and then the Livingstone Avenue continued Public Hearing to the
second item to be discussed. The Ellingwood Court Public Hearing will not be heard due to a
technicality missed by the applicant. She then tells everyone that the Thaxton Road continued
Public Hearing and Ober Street Public Meeting may be continued to August 20, 2019.
Ellen Flannery: Motion to recess for Public Hearing. Allison Kilcoyne seconds the motion.
The motion is approved (9 -0).
Public Hearing: Site Plan Review #140 -19, Special Permit #172 -19, and Inclusionary
Housing Permit #17 -19 — "Depot II" — a mixed commercial and residential building
containing 115 residential units with associated parking and site improvements — 134 -142-
146 Rantoul Street and 1 -9 Park Street — Depot Square Phase II, LLC
Materials added into the record:
• Planning Department Staff Report
• Site Plan Review Application, Special Permit Application Form, and Inclusionary
Housing Application, Narrative, and associated attachments, dated 6/10/2019
• Depot Square Phase II Permit Site Development Plans and Architectural Drawings, dated
6/10/19
• Traffic Impact and Access Study, dated June 2019
• Letter from Meridian Associates, Christopher Broyles, dated 6/10/19
• Letter from City of Beverly Board of Health, William T. Burke, dated 7/5/19
• Letter to the Design Review Board from John Hall, dated 7/11/19
• Letter to the Design Review Board from Peter Johnson, dated 7/9/19
• Letter to the Design Review Board from James Younger, dated 7/11/19
• Letter from Joan Johnson, dated 7/8/19
• Letter from Babette Loring, dated 7/3/19
• Letter to the Design Review Board from Wendy Pearl, dated 7/9/19
• Letter from City Engineer Eric Barber, dated 7/16/19
Darlene Wynne reads the Public Notice.
Beverly Planning Board
Meeting Minutes
July 16, 2019
The applicant is seeking approval to construct a mixed use commercial and residential building
containing 115 residential units, 7,975 square feet of ground floor commercial, 115 parking
spaces within a 2 -story garage, and associated site improvements on the 28,250 sf site which
consist of 5 lots in common ownership. The entire site is located in the CC District and the CC
Height Overlay District. However, a portion of the site (2 lots on Park Street) is not located in the
Depot Parking Overlay District.
Hutchinson explains that there will not be a presentation from the applicant tonight. They have
gone before Parking and Traffic and the Design Review Board and want to take the time to
consider some of the comments and suggestions made by those two boards. Instead she directs
the Board to ask broad questions to the team regarding the project and make general comments
about the project. Wynne clarifies that the applicant is requesting a continuance for the Public
Hearing.
Miranda Gooding of Glovsky and Glovsky representing the applicant tells the Board that Chris
Koeplin, Beverly Crossing, and Thaddeus Siemasko, from SV Design, are both present for
questions. Gooding reiterates that based on the comments they received last week the applicant is
looking to continue the Public Hearing. They will examine the comments and hope to come back
with a plan that addresses those comments and with a full presentation for the Planning Board.
Ned Barrett asks Koeplin to consider keeping the project below the 55 -foot limit and asks him to
minimize the effect of buildings over that height and to be ready to explain why they feel they
need to go over that height limit, including design choices and financials.
Hutchinson comments that she agrees with Barrett's comment and is concerned with the size and
the scope of the project. Her other concern is that this is a gateway part of the City and one of the
first things people traveling into Beverly by train will see. She believes it should be bold and
meaningful and she would like to see the building pick up more of the historic characteristics of
the Post Office building and the buildings that have been demolished as well.
Wayne Miller comments that he is in agreement. Derek Beckwith tells the Board he also agrees
with the prior issues mentioned and elaborates on his perspective.
William Boesch adds that he disagrees. He comments that he knows some people are concerned
with the height of the project, but he believes the height is consistent to some of the other
projects that have been built in the City more recently. He asks what else about the size, if not
height, is concerning to people. He says adding population density and commercial density in
that area is terrific. It is an improvement from what's there now in his opinion.
Sarah Bartley comments that she would like to learn more about the inclusionary housing portion
of the application. She believes that adding 115 rental units is a big addition to the City and notes
that the City has seen an increase in evictions recently. So she is looking to hear more about any
policies they will have in place for residents' services.
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Meeting Minutes
July 16, 2019
Flannery adds her thoughts that she expressed at the Design Review Board meeting regarding
how the historical significance should be incorporated into the design of the building, over and
above what has been done.
Barrett adds that it would be helpful for them to add to their presentation about any green aspects
they plan on including in the building.
Hutchinson then opens it up to public comments, reiterating the request for broad comments
regarding the direction of the project.
Caroline Mason, 583 Hale Street, comments that she believes that a building of this size would
compromise the historical area in which this project would be built and that no conditions
imposed by the Board could mitigate the impacts of the building scale. She indicates she does
not believe the projects meets the Tall Building Design guidelines and explains why.
Wendy Pearl, 21 Morningside Drive, is looking for clarification of whether the Design Review
Board's determination of compliance with the tall building guidelines is a requirement for the
Planning Board to issue a special permit and will revised plans be shared with the public prior to
the next meeting. Wynne tells her that it is a finding. Hutchinson states that she doesn't
necessarily believe the Planning Board has to adopt it. Hutchinson says she believes that the
public will be able to review the plans before the August 20, 2019 meeting.
Sharon Rogers owner of a condominium at Depot Square, 116 Rantoul Street, is concerned about
having more green space in the area than what was shown on the current plans. She is also
concerned about the aesthetics of the building and hoping their design will blend in and enhance
the area. Another concern Rogers has is the parking and access in the area, as her underground
garage opens to the area that will be affected by this project.
Bill Squibb, 509 Cabot Street, comments that Beverly is starting to resemble any other city in the
greater Boston area that have buildings that are large in height. He would like to know what the
occupancy rate is of the new buildings being put up in Beverly. He says it is unrealistic that
people will not have cars and would like to see the Planning Board do a complete traffic study
before they decide to let anything else get built in Beverly. He is concerned about the impact this
project will have on traffic in the City.
Boesch: Motion to continue Public Hearing to the August 20, 2019 meeting. Flannery
seconds the motion. The motion is approved (9 -0).
Continued Public Hearin: Livingstone Avenue Definitive Subdivision Plan (7 Porter
Terrace) — Extend and improve Livingstone Avenue by approximately 475' and create 3
new building lots with 1 lot remaining on Porter Terrace, and associated infrastructure
improvements — 7 Porter Terrace, LLC
Materials added into the record:
• Planning Department Staff Report
Beverly Planning Board
Meeting Minutes
July 16, 2019
The Board has reviewed the revised plans, drainage report, as well as the Peer Review report. In
June, the Conservation Commission approved the application under the state ordinance but
denied the project under the local ordinance. Though this does not provide grounds for the
Planning Board to deny it they should take their decision into consideration before acting on this
projects approval.
Hutchinson tells the Board and public that this project was proposed in May of 2018, they
opened the Public Hearing, and then they asked for a Peer Review Study of the stormwater
management system that took some time to finish up. The applicant has done some redesign and
the Peer Review Engineer reviewed that and there were some subsequent changes to that as well.
She asks for Bob Griffin to explain what the project originally looked like, and what it looks like
now with all of the changes.
Bob Griffin, Griffin Engineering Group, points out the parcel of land for the project that is
between Livingstone Avenue and Porter Terrace in the R10 zoning district. They are proposing
to extend the improved portion of Livingstone Avenue about 400' feet to the land that the
applicant owns to create the 3 lots. He shows them the plan that was submitted to both the
Planning Board and the Conservation Commission last year. It shows a new road being
constructed with 25' wide pavement. Griffin then points out that there is an existing house on the
land as well. On the northeast area of the property is a drainage ditch that picks up the run -off
from Livingstone Avenue, running into an 18 -inch drain which runs beneath the adjacent parcels
to Porter Terrace, and then southerly to the Danvers River. They have discussed the project with
the Conservation Commission and are trying to stay away from the ditch as far as possible.
He describes that initially, they had an underground detention basin and he described the prior
system; however, the Peer Reviewer did not like the underground detention basin. They were
asked to extend the drainage analysis upstream of the property, adding in a 16 -acre area. As a
result, the proposed detention basin doubled in size. They are now looking specifically at the
drainage pipe that runs down Livingstone. After analyzing the hydraulic lines, they realized that
they have some flooding issues along Porter Terrace. They have included all of this in their
report to the City. Some of the pipe is flat so it doesn't convey water efficiently. They are
proposing to replace the flat pieces of the pipe with larger pipe. They will change the 18 -inch
pipe into a 24 -inch pipe which will help eliminate some of the flooding post construction. This
will solve their need for onsite detention, but will still have catch basins and recharge.
Griffin then tells them about the trees that have been mapped on the property. They have made
Lot 4 as large as possible to push the house as far away from the wetlands as possible. In
addition, they tried to shorten the roadway. Previously, there was a turn- around at the end of the
roadway and they moved it down about 100 -feet to between Lots 2 and 3. The applicant will
have to go before the Zoning Board of Appeals to get the driveway configuration approved with
a frontage waiver. Wynne reminds Griffin that they will need a waiver from the Planning Board
as well. The applicant has added a small rain garden between the driveways, which is a device
that will allow water to go into the ground and encourage some plants to grow. However, the rain
garden is next to the catch basin which will help with any overflow in the garden.
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Hutchinson asks Griffin to show the direction of water flow going down Livingstone Avenue.
Griffin shows on the map the order in which the water will flow which is shown in the report.
Hutchinson points out in the revised stormwater report on page A3 that there are comparisons of
pre -and post - development peak run off rates. Hutchinson asks about the change in the table and
run -off to the Danvers River. Griffin explains that they had to add 16 -acres upstream to their
analysis and the land downstream from the houses. Hutchinson asks Griffin if that is an increase
of the 2, 25, and 100 year storms and he tells her that is correct. Griffin explains that is allowed
because they are discharging into a tidal water body. Hutchinson then asks how this change will
affect the flooding. Griffin explains that they are decreasing the amount of flooding on the
property. Hutchinson asks if the table is showing a 13% increase in the peak run off volume.
Griffin tells her yes because they are taking land where currently it flows towards Livingstone
Avenue, and it's being picked up in the catch basin, and then bringing it out towards Porter
Terrace. Hutchinson asks Griffin what percentage of run -off is going to flow down to Porter
Terrace from their property. Griffin tells her that it is about 70% and is not changing from the
previous report.
Barrett asks Griffin to clarify about his earlier comment he made regarding discharge of water.
Griffin told him that the discharge will be above ground. Griffin points out the drainage ditch
and explains that during a 25 -year storm, that if it were to overflow it would get picked up in the
8 -inch pipe, and then towards 121 Livingstone Avenue. It would then discharge to a level
spreader, which is a 10 -foot device that allows the water to spread out from the pipe. The pipe
would only be activated during the large storm events. Barrett asks Griffin when the water gets
to the spreader does it get dispersed underground. Griffin explains to him that it gets dispersed
on top of the ground. Barrett then asks where the water would flow from that point. Griffin tells
him that it would continue to flow through 121 Livingstone yard and in the direction of Upland
as it currently does.
Barrett asks Griffin how increasing the size of the pipe will help the conveyance of the water.
Griffin explains it removes the bottle neck and the water will move more efficiently. He points
out on the map some of the areas they have tried to address the flooding for and other areas of
improvement. Barrett then asks him if the improvement of the pipes should help those homes
that have dealt with flooding in the past. Griffin tells him that it should help He believes with the
construction of the trench for the new utilities that it should help with flooding between 97 and
#11.
Barrett asks Griffin what utilities they will be bringing in from Porter Terrace. Griffin tells him
that they will be bringing in water, sewer, drain line, and the gas line. Barrett then asks Griffin
where the electric will be coming from. Griffin explains that it will be coming from overhead
and they will be extending the existing wiring.
Miller asks Griffin what the condition is of the current 18 -inch pipe. Griffin tells him that it is in
decent condition but just undersized for the amount of water that flows through.
Griffin adds that they have been very responsive with listening to the concerns of the various city
boards and have worked hard to incorporate those changes requested.
Beverly Planning Board
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July 16, 2019
Barrett asks Bill Ross to comment on his role in the process of this project. Ross, New England
Civil Engineering Corp, in Salem, MA, comments that they did a Peer Review of this project and
responded to any changes that were made as a result of their analysis or otherwise. Ross
comments that their biggest concern was the tank being in the ground in the front of the yard and
that it could be damaged. He said that if the tank were to fill up, that it would increase the
flooding in the area.
Miller asks if he has any other concerns about the project. Ross tells him that all of the systems
will have to be maintained by the Homeowners' Association.
Hutchinson asks Ross about the original report that shows a comparison between pre and post
development peak run off rates towards Porter Terrace. The report had a pre development rate of
flow 0.3 cubic feet per second and the post development rate of flow was 0.6 cubic feet per
second. Hutchinson asks Ross if anything changes that. Ross tells her no, but the numbers may
be slightly different because the road has been changed. Hutchinson asks if the flow towards
Porter Terrace will be greater, and Ross tells her that it will be. Griffin adds that they are
improving Porter Terrace to be able to handle that additional flow.
Miller asks Ross if there are any seasonal variations in the numbers. Ross explains it is not
designed to handle the most difficult challenge which would be frozen ground and spring rain.
Ross does add that everything is impervious and will remain so in the future. Griffin adds that
they may have a significant rain storm that challenges the capacity of the drainage system.
Hutchinson asks what kind of impact they should expect if someone were able to build new
houses on three additional lots outside of this subdivision. Griffin tells her that drainage for those
lots are going in a different direction so it wouldn't be affected.
Wynne tells the Board that 21 Porter Terrace received a zoning variance to split their parcel. So
they could possibly benefit from this subdivision.
Hutchinson asks Griffin if the Homeowners' Association will be responsible for street
maintenance from where they are paving to the end of that street. Griffin tells her they will be.
Hutchinson is concerned that the other residents of the street will end up taking the brunt of the
maintenance of it. Griffin comments that in the future they may have their HOA team up with the
other residents of the street.
Barrett asks Griffin what they are looking for in regards to waivers. Hutchinson asks if the
turnaround includes an easement area. Griffin tells her that the hammerhead turn around does
include an easement area in Lot 3. It will be posted that it is a turn around and not a parking area.
Griffin adds they can post that it is not a parking area and put it in the deed that the area needs to
remain open.
Miller asks Griffin how long the road is. Griffin tells him it is about 650 feet long from Upland.
Griffin explains the waivers that were listed in the application. Two waivers are no longer
needed: including not mapping the trees and the other that referred to the radius of turn, noting
Beverly Planning Board
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they shortened up the road about 100 feet so they don't need the radius waiver. The subdivision
standards require a 50 -foot wide right of way with 32 -feet of pavement and they are proposing a
40 -foot wide right of way and 24 -feet of roadway. Another waiver refers to the length of the
dead end road exceeding 500 feet, where 650 feet is proposed. The subdivision regulations
require a cul -de -sac at the end of a dead end street, but they are proposing a hammerhead. They
are proposing overhead electric, telephone, and cable lines for the project, which is consistent
with what is currently there. They are also proposing no sidewalks because there are none further
down Livingstone. They are not proposing any street trees because they believe there are plenty
on the street already. They are not proposing any fire alarm systems because the Fire Department
does not like maintaining those systems.
Craft asks if there will be any documentation for the maintenance of the groundwater recharge
and the roof leaders for the HOA. Griffin tells him that the Engineering Department wants to
make sure that the roof leaders are tied into the drainage system and into the recharge device in
the manner that was shown on the plan. Griffin explains that they won't get any occupancy
permits until they show that has all been done correctly.
Miller asks Griffin to review the opinion on the project from the Conservation Commission.
Griffin tells him that there have been no changes to the plan since March and the Conservation
Commission approved the project under the state Wetlands Protection Act and denied the project
under the Beverly Conservation Ordinance. Griffin explains that they may have to reapply and
reduce the size of the third house.
Hutchinson explains that because they have had turn over on the Board only certain members of
the Board that have been serving since the beginning of the public hearing can vote if they close
the public hearing tonight. Those people are Craft, Kilcoyne, Miller, Barrett, Hutchinson, and
Flannery.
Hutchinson opens up the hearing to the Public to speak.
Suzanne Addison, 4 Porter Terrace, tells the Board that her concern is due to the larger pipes
being installed and how will that affect the other houses in the area. Her other concerns are
regarding the disruption of utilities on Porter Terrace including gas and water. She then asks if
the Conservation Commission has rejected it how does that weigh in the Planning Boards
decision. Hutchinson tells her that the 6 voting Board Members would have to each make their
own individual decision on how much weight they will give it. Barrett adds that it is part of the
determination process for the Board but it is not binding on them. Griffin explains that changing
the pipes will cause some significant disturbance in the roadway. In addition, there may be some
disruption of water and gas lines during construction.
Brendan Wynne, 17 Porter Terrace, tells the Board that he was present at the Conservation
Commission meeting and during the presentation they mentioned that any water not caught by
the drainage system would be "country drainage," which means it would go through the
neighbors' yards, including his own. His backyard fence abuts the property and he is concerned
that with no sidewalks, that the plows will be going into his fence. Griffin explains that he
doesn't believe that they are pushing any water towards his property, but he could have a curb
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put in that area to help with the other issues. Griffin tells him that they will do their best so that
no extra water is pushed onto his property. B. Wynne asks for it to be one of the Planning
Board's requirements for approval. Barrett asks Griffin if there is currently a berm in between
the two properties. Griffin tells him there is not.
Deb McLaughlin, 15 Porter Terrace, tells the Board she is concerned about the 18 -inch drain
being changed to the 24 -inch because the storm drain is near her house and it has never
overflowed in the past. She is concerned that her and her neighbor may experience flooding from
the new drain. She also has concerns about the Homeowner's Association. She is also concerned
about parking on the street.
Katie Perron, 32 Ashton Street, tells the Board that she is concerned about the rain garden and
believes it would be beneficial for them to put a fence around it. She adds that there are no
calculations for pre and post run -off for Ashton Street. She believes by adding the new pipe, that
it will increase the flooding on Ashton. She mentions that the applicant did agree to add some
berms to help prevent some of the street overflow. She tells the Board that there are some trees
being clear cut to put the pipe in. She thinks that those trees were helping to keep the water from
flooding 30, 32, and 34 Ashton Street. She tells them that there are some migratory birds in the
back that they should take into consideration when approving this plan or not. Perron comments
that for the third house, their only option would be to park on the street which would prevent
emergency vehicles from accessing that way to get to the house.
Hutchinson asks Griffin to address the 24 -inch pipe concern by Perron and the possible flooding
on Ashton. Griffin explains that the report does say that there is water going in the direction of
Ashton, but first it goes to Livingstone. However, there is a reduction of volume of flow going in
that direction. Griffin then mentions that there is enough room in the turn- around for two cars to
park and be able to turn around on the street.
Eric Lomas, Lomas Law, representing the applicant, tells the Board Mr. Marks purchased the
property in January 2018 and then in March of 2018 the new local Wetlands ordinance was
adopted for the no build zone. He explains one of the criteria for the Conservation Commission
to consider in approving a project is if there is no adverse impact to the resource. The only
alternative the applicant suggested was to take a portion of the house out of the no build zone.
Miller asks Griffin if there is an option to widen the street. Griffin tells him that they wanted to
build a cul -de -sac, but are unable to, so they are building a hammerhead turn- around. Griffin
then explains they could widen the street, but it would cut into their lot and they don't have a lot
of extra land area. Miller believes that the narrowness of the road is unsafe. Griffin explains that
it is safe and they got supporting letters from the Police and Fire Departments.
Flannery asks how strict they will be with the HOA, since there will be a number of
responsibilities they will have to deal with. Lomas tells her that they submitted a rough draft of a
bylaw for the association. They will include the feedback from the Board and they would have
some enforcement power. Flannery tells him that another concern is any run off water that would
affect Porter Terrace or other neighborhoods not being maintained. Griffin tells her that prior to
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occupancy they will have a qualified maintenance company on a 5 -year contract that will take
care of that. They will be required to submit a report each year.
Wynne comments that the Engineering Department requires that they receive annual reports on
maintenance, but they haven't received any in the past few years. She adds the Engineering
Department has started a system and they are tracking the storm water management devices and
they will be enforcing it better in the future. So the Board will want to see stronger language in
the HOA documents so it's trackable and transferable when properties sell.
Wynne says the Board would need to grant a waiver of frontage for the plan shown.
Flannery: Motion to close the Public Hearing. Kilcoyne seconds the motion. The motion is
approved (6 -0).
Craft: Motion to recess for 10 minutes. Miller seconds the motion. The motion is
approved (9 -0).
Barrett: Motion to reconvene meeting. Flannery seconds the motion. The motion is
approved (9 -0).
Public Meeting: 59 Ober Street — Court Order remanding to the Board to hold a public
meeting on a prior Subdivision Approval Not Required Endorsement — 59 Ober Street
LLC
Materials added into the record:
• Planning Department Staff Report
• Email from Glovsky & Glovsky LLC, Miranda Gooding
Miranda Gooding tells the Board that the applicant is engaged in litigation and settlement
discussions currently and they are hoping to continue the public meeting to the August meeting
to give them time to conclude the case.
Derek Beckwith: Motion to continue the Public Meeting to the August 20, 2019 meeting.
Flannery seconds the motion. The motion is approved (9 -0).
Discussion /Decision: Livingstone Avenue Definitive Subdivision Plan (7 Porter Terrace) —
Extend and Improve Livingstone Avenue by approximately 475' and create 3 new building
lots with 1 lot remaining on Porter Terrace, and associated infrastructure improvements —
7 Porter Terrace, LLC
Hutchinson tells the Board that they have to first discuss the waivers requested by the applicant.
Wynne explains that the vote must be a majority of the full Board, regardless of how many are
eligible to vote, which is 5. [Note: The waivers herein were provided referencing out of date numbering of
Beverly's Rules and Regulations Governing the Subdivision ofLandJ
The first waiver is from Section 3 C2 from using a scale of 1- inch =40 feet.
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Barrett: Motion to approve the request for a Waiver from Section 3.C.2 regarding scale of
the plan. Miller seconds the motion. The motion passes (6 -0). Waiver is granted.
Waivers two and three are no longer needed.
The fourth waiver is 4.A.3 from having a minimum right of way width of 40 -feet and 32 -feet.
Miller comments that he doesn't feel that the 24 -foot roadway would provide adequate space to
drive down.
Miller: Motion to deny the request for a Waiver from Section 4.A.4 regarding width of
right of way and pavement. Flannery seconds the motion. Barrett comments that
the denial of the waiver would be on the basis that it is not in the best interest of
the public. The motion passes (6 -0). Waiver is denied.
The fifth waiver from section 4.A.5.A for a dead end street that will be longer than 500 feet. The
dead end will be approximately 625 feet with a new roadway extension which will be about 400
feet. Hutchinson is concerned with this and doesn't think it is in the public interest to combine a
dead -end street with the proposed turn- around. Flannery concurs.
Barrett: Motion to deny the request for a Waiver from Section 4.A.5.A for length of a
dead end street, on the grounds that the waiver is not in the public interest and not
consistent with the intent and purpose of the subdivision regulations. Miller
seconds the motion. The motion passes (6 -0). Waiver is denied.
The sixth waiver from section 4.A.5.B for a dead end street turn around with a diameter of at
least 100 -feet and property line diameter of 120 feet. Applicant is proposing an AASHTO
compliant turning area hammerhead requiring an easement from maneuvering.
Barrett: Motion to deny the request for a Waiver from Section 4.A.5.B regarding a
turnaround on the grounds that the waiver is not in the public interest and not
consistent with the intent and purpose of the subdivision regulations. Hutchinson
agrees and adds that it's part of the driveway. Miller seconds the motion. The
motion passes (6 -0). Waiver is denied.
The seventh waiver Section 4.J from burying all utilities underground at time of construction.
The applicant is proposing overhead electric, telephone, and cable utilities to match existing
services. Due to the shallow depth to ledge of the site.
Barrett: Motion to approve the request for a Waiver from Section 4.J regarding
underground utilities, because it is consistent with the condition on and near the
site currently. Craft seconds the motion. The motion passes (6 -0). Waiver is
approved.
The eighth waiver Section B.D from extending the sidewalk the full length of each side of the
street and a minimum of 5 feet, no sidewalks are proposed.
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Barrett: Motion to deny the request for a Waiver from Section B.D regarding having
sidewalks on both sides of the street, on the grounds that the waiver is not in the
public interest and not consistent with the intent and purpose of the subdivision
regulations. Craft seconds the motion. The motion passes (5 -1, Miller opposed).
Waiver is denied.
The ninth waiver is Section B.E from installing straight -face granite curbs of 6- inches in height
along each side of the roadway. The applicant is proposing bituminous curbing or no curbing.
Barrett: Motion to deny the request for a Waiver from Section B.E regarding having
granite curbing, on the grounds that the waiver is not in the public interest and not
consistent with the intent and purpose of the subdivision regulations. Craft
seconds the motion. The motion passes (6 -0). Waiver is denied.
The tenth waiver Section B.G from planting street trees from either side of the street. No street
trees are proposed.
Barrett: Motion to deny the request for a Waiver from Section B.G requiring planting of
street trees, on the grounds that the waiver is not in the public interest and not
consistent with the intent and purpose of the subdivision regulations. Flannery
seconds the motion. The motion passes (6 -0). Waiver is denied.
The eleventh waiver is Section V.K from installing a fire alarm system along the roadway.
Barrett: Motion to approve the request for a Waiver from Section V.K. Miller seconds the
motion. The motion passes (6 -0). Waiver is approved.
The twelfth waiver is regarding the waiver of frontage for Lot 4 to have zero frontage. Wynne
notes that the Board should state that their approval of a waiver of frontage does not indicate
conformance with zoning and a zoning variance would still be required.
The Board discusses the differences between denying and approving this waiver request. Wynne
explains the rules regarding applicant's ability to reapply and what level of revisions would be
required.
Barrett: Motion to deny the request for a waiver of the frontage requirement as it pertains
to Lot 4 as being not in the public interest nor being consistent with the intent and
purpose of the subdivision regulations. Miller clarifies that they are requesting
zero feet of frontage. Flannery seconds the motion. The denial fails (4 -2, Kraft
and Miller opposed), but does not grant the waiver.
Craft explains his reasoning for voting in favor of the waiver. Miller concurs.
Miller: Motion to grant the request for a waiver of the frontage requirement as it pertains
to Lot 4, subject to the frontage relief also requiring approval by the Zoning
Board of Appeals. Craft seconds the motion. Hutchinson asks the implications of
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voting for the waiver. Barrett explains he is not in favor of voting for a zero
frontage lot, but ultimately he doesn't think it has any bearing. The vote is 3 -3,
Kilcoyne, Barrett, Flannery opposed and the motion does not pass.
Barrett: Motion to deny the request for a waiver of the frontage requirement as it pertains
to Lot 4. Wynne advises they should vote based on the plan they have before them
today, without considering what might happen in the future. Flannery seconds the
motion. The motion passes (6 -0). Waiver is denied.
Hutchinson tells the Board that they can approve with modifications or they can disapprove the
definitive subdivision plan.
Barrett: Motion to deny the applicant's request for the definitive subdivision plan as
proposed. Kilcoyne seconds the motion. The motion is approved (6 -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 with 3 new single
family residential lots and a 3.15 -acre open space parcel — Hickory Street Realty Trust
Materials added into the record:
• Planning Department Staff Report
The Board continued the Public Hearing in April to hold a site visit and the applicant has
continued it additional in order to revise plans in response to engineering comments and
assemble HOA materials as requested by the Board.
Flannery: Motion to continue Public Hearing to the August 20, 2019 meeting. Craft seconds
the motion. The motion is approved (9 -0).
Public Hearing: Ellin2wood Court Definitive Subdivision Plan — to extend a roadway by
sufficient length to crate frontage for an existing lot — 40 Ellin2wood Court — Anthony P.
Baltas *Public Hearing to be rescheduled due to legal notice issue.*
Barrett: Motion to reschedule the Public Hearing to the August 20, 2019 meeting. Miller
seconds the motion. The motion is approved (9 -0).
Accept Performance Guarantee and Endorse Plan — 53 Williams Street Definitive
Subdivision Plan — Approval granted June 11, 2019 and seeking endorsement of no appeals
— MJP Properties Inc.
Barrett: Motion to endorse the plan pending review and approval of the Planning
Department. Flannery seconds the motion. The motion is approved (9 -0).
Set Public Hearing: Site Plan Review Application #141 -19 — Conversion and expansion of
the existing building on Bridle Street to a residential dwelling adding three new townhouse
style units to the rear of the existing building (containing one unit) and fronting on
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Beverly Planning Board
Meeting Minutes
July 16, 2019
Carleton Avenue, for a total of four residential units — 108 Bridge Street — Frates Realtv
Trust
Miller: Motion to set Public Hearing for the August 20, 2019 meeting. Boesch seconds
the motion. The motion is approved (9 -0).
New /Other Business
a. Beverly Master Plan Update -Wynne tells the Board there will be a meeting on July 23
from 7pm- 8:30pm at the Beverly Middle School to discuss goals of the Master Plan and
findings.
Approval of Minutes (as available): April 9, 2019
Materials added into the record:
• Minutes for the April 9, 2019 meeting
Discussion on Planning Board Minutes from April 9, 2019: Flannery submits some changes to
the minutes.
Miller: Motion to approve the April 9, 2019 minutes as amended. Barrett seconds the
motion. The motion is approved (9 -0).
Adjournment
Craft: Motion to adjourn the meeting at 9:54pm. Boesch seconds the motion. The
motion is approved (9 -0).
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