3.10.2020 BPB MinutesCITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Planning Board Meeting
Date:
March 10, 2020
Location:
Beverly Middle School
Members Present
Chair Ellen Hutchinson, Vice Chair Alexander Craft, Sarah
Bartley, Derek Beckwith, Ellen Flannery, Wayne Miller
Members Absent:
Allison Kilcoyne
Others Present:
Assistant Planning Director Darlene Wynne, Board candidate
Andrea Toulouse
Recorder:
Jodi Byrne, Recording Secretary
Chair Ellen Hutchinson calls the meeting to order at 7:00 p.m.
1. Subdivision Approval Not Required plans
There are none.
Chair Hutchinson welcomes Andrea Toulouse as a new Board member, who is not yet sworn in.
2. Remand from Land Court: R65 West Street (63 West Street) - Reconsideration of Denial
of a Definitive Subdivision Plan pursuant to Land Court judgment - Evan Wile
The applicant's attorney (who is new to this project) presents on behalf of landowners Evan
Wile, his ex -wife and daughter. The landowners and the original civil engineer (Dan Crispen) are
all present. The attorney says that they are not presenting any new information, but are open to
any Board questions.
Chair Hutchinson provides a brief background of this project, noting that it was denied by the
then Board in 2001. Hutchinson explains that the judge reviewing this project has deemed that its
frontage is adequate and that the roadway has adequate access, including for emergency vehicles.
Hutchinson explains that the judge is sending this project back to the current Board for a new
review and vote. Hutchison states the reasons for project denial in 2001 were a series of waivers,
the project not meeting the standards for a subdivision, and the required road access for
emergency vehicles. She says that the Board is being asked to vote on waivers A, B, C, D, H, I
(referencing the prior decision); the plan scale requirement, the street plan requirement, and the
relocation of trees.
Darlene Wynne explains to the Board that Subdivision Control Law does allow for someone to
come forth for a single lot to establish the frontage.
Wayne Miller asks when the Fire Department last reviewed the access area. Wile answers that he
met with the fire department one week ago and that the fire department signed off and approved
the access area at that time.
Derek Beckwith asks about the tree relocation. Crispin explains that there are no trees on the lot.
All nearby trees are located on adjacent properties.
Jeffery Horowitz, the abutting property owner, is present and requests time to speak. Chair
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March 10, 2020
Hutchinson reminds him that this is not a public hearing.
Hutchinson asks the Board if the E, F, and G waivers should be granted or denied, and if they are
sufficient to deny the Subdivision Plan. Zane Craft asks if these waivers are in line with what the
City accepts. Wynne confirms this. Miller asks if the plan's scale is the same one from 2001, and
if it should be updated. Wynne answers that an update is not required. It is also noted that the
waiver to remove trees is void. After discussion on the original application, the three reasons for
denial in the Board's 2001 decision, and the Land Court decision, the Board took the following
actions.
Craft: Motion to grant the following waivers, as originally referenced on the April 18,
2001 decision letter: (a) Section IV.B.2, maximum minor dead -end street length
requirement of 150' (plan proposes a dead -end street length of approximately
870'); (b) Section IV.B.5.b, minimum pavement width requirement of 24' (plan
proposes a street width of 20'); (c) Section IV.A.3, minimum right of way width
requirement of 50' (plan proposes a right of way width of 20'); (d) Section
IV.A.2.e, minimum street intersection radii of 30' (plan proposes no radii); (h)
Section IV.A.S.c, requirement that a cul -de -sac or other acceptable turning design
be constructed on dead end roads (the plan shows a hammerhead style
turnaround); and (i) Section IV. 1.1, typical cross - section requires a crowned
roadway slope (plan proposes a single cross - slope). Flannery seconds. The motion
passes (6 -0).
Craft: Motion to grant the following waivers, as originally referenced on the April 18,
2001 decision letter: (e) Section III.C.2, plan scale requirement of 1 " =40' (plan is
drawn at a scale of F' =20'); (f) Section III.C.2, street plan and profile scale
requirements of 1 "= 40'horizontal and 1 " =4' vertical respectively (plan is drawn
at a scale of 1 " =20' horizontal and 1 " =2' vertical, respectively); and (g ) Section
III.C.2.s, requirement that the location of all trees 6" in caliper or greater
measured 4' above the ground be included on the plan (plan does not include this
information as there are no trees on the lot). Flannery seconds. The motion passes
(6 -0).
Craft: Motion to accept the Land Court's decision that the previous determination for the
denial of the Subdivision Plan is null and void based on the fact that, as
determined by Land Court, "the roadway suffices as frontage for the Wile lot and
that it is adequate for fire, policy, emergency, and other access." Flannery
seconds. The motion passes (6 -0).
It is stated that while the 2001 Board voted that this project did not meet the subdivision
standard, the current Board is now asked to re- evaluate.
Craft: Motion to approve the Definitive Subdivision Plan, in the context of and
compliance with the Court Order, for R65 West Street (63 West Street), pursuant
to the findings below, incorporated in the motion: (a) in the fact that this Board
has, pursuant to the Judge's Order, approved the requested waivers, which was
considered a considerable factor to deny the Definitive Subdivision Plan initially;
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and (b) recognizing per the Land Court decision that the applicant has sufficient
rights to access the right -of -way and roadway, specifically that there is no
distinction per the Judge between the Horwitz and Wile lots as to issues of
frontage, that both stand and fall by the roadway; and (c) that the Definitive
Subdivision Plan as has been submitted does meet the statutory definition of a
Subdivision. Flannery seconds. The motion passes (6 -0).
3. Minor Modification Request: Site Plan #111 -13 - Modification to an approved site plan
eliminating four landscape islands from the surface parking area — 50 Dunham Road (48
Dunham Ridge) — Cummings Properties LLC
Michael Aveni, Cummings Properties, presents on behalf of Cummings Properties. He provides
a brief background of this project at 48 Dunham Ridge and says that there are currently
occupants in the building with a temporary occupancy status. He says that Cummings Properties
would like to obtain a permanent occupancy status, and that they have met the requirements set
by City Planning Director Aaron Clausen. He notes that as the site work was completed they
decided to remove landscaping islands mostly due to plowing requirements. The Cummings
representative states that the Board is being asked to approve these items as minor modifications,
allowing the proposed removal of the landscaping islands.
Flannery asks about the bump out area on the design and how it affects the land mass area. Aveni
says that the new design includes a 5 1/2 ft. wide landscape area with 3 1/2 ft. to the parking
garage.
Miller speaks to the loss of green space and asks if it can be replaced. Aveni explains that in the
54 acres of this project area, 34 acres are an open green space, and that these three islands are
housed in less than 1,000 sq. ft. He also says that he is willing to add more green areas at a later
time. Hutchinson asks for the size dimensions of the three islands, and he answers 165 sq. ft.,
225 sq ft., and 234 sq. ft. He also explains that the lower island is no longer needed due to the
proper grading of the project, and that the other removals allow for better plowing and improved
parking and emergency access.
Hutchinson explains that the Board is being asked to determine if these modifications are major
or minor, indicating if there will need to be a public hearing. If no public hearing is required,
then the Board can vote to approve changes at this time.
Flannery: Motion to determine that the above - referenced modifications are minor in nature.
Craft seconds. The motion passes (6 -0).
Flannery: Motion to approve the proposed modifications as described on "Plan Showing
proposed Landscape Island Modifications, Plan to Accompany Site Plan Review
#111 -13 Minor Modification — 50 Dunham Road / 48 Dunham Ridge, Beverly,
MA ", dated 2/24/2020. Beckwith seconds. The motion passes (6 -0).
4. Endorse Plan and Accept Performance Bond: Definitive Subdivision Plan - 21 Porter
Terrace/122 Livingstone Avenue — Jeffrey Holloran
Attny. Marshall Handly is present to speak on behalf of the applicant.
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Wynne says that there are several documents that were submitted to the Board, and adds that the
Board is being asked to accept the developer's disclosure agreement. She also says that they do
not have to accept the deed which was included in the packet. She distributes Form F
Performance Bond that was later submitted.
Chair Hutchison asks about a letter requesting an approval by the Planning Board. Attny Handly
explains that this is how the property owner will access the bond. He explains that the applicant
is seeking the acceptance of a performance bond (Form F), a disclosure agreement, and an
endorsement that the 20 day appeal has passed.
Craft: Motion to accept the Performance Bond, Form F and Developer's Disclosure
Agreement for the Definitive Subdivision Plan for 21 Porter Terrace / 122
Livingstone Ave. Flannery seconds. The motion passes (6 -0).
Craft: Motion to endorse the Definitive Subdivision Plan for 21 Porter Terrace / 122
Livingstone Ave, recognizing that the 20 day appeals period has passed without
appeal. Miller seconds. The motion passes (6 -0).
5. Approval of Minutes
The minutes from September 17, 2019 are reviewed.
Beckwith: Motion to accept the September 17, 2019 minutes as amended. Craft seconds. The
motion passes (6 -0).
The minutes from November 13, 2019 are reviewed.
Flannery: Motion to accept the November 13, 2019 minutes as amended. Sarah Bartley
seconds. The motion passes (6 -0).
6. Discussion: Planning Board Standard Conditions
Wynne acknowledges that no changes have been made since the last meeting of the Board. She
says that the City Engineers are discussing these standards as well. Wynne explains that in the
City's new software system, standards could be loaded and selected through the program. The
plan is to discuss the standard conditions at the next meeting of the Board.
7. Discussion: Master Plan Update
Wynne provides an update of the Master Plan and says that they have shared a draft that will
later be edited for public view. Craft asks about an end timeline. Wynne says that the goal is to
get the plan to City Council for their endorsement before the summer recess. She explains that
the Planning Board is the approving authority, and that hopefully the Board will vote on this plan
during the May 5th meeting. She also says that it is planned to allow a time for public input
before the final plan submission and vote.
Bartley suggests strategies that could allow more time for the public to access and provide input
to the Master Plan. She says that if the public is given early access to read and review, it may
promote more productive input.
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Miller suggests that the recommendation be placed on the agenda of various city groups and
committees. Wynne confirms that the Planning Board is the only group who votes on the
approval of the Master Plan.
8. Other business not known at the time of the posting of this agenda.
Wynne asks for suggestions of ways to minimize email communication with legal filings. She
asks in which form Board members would like to receive information. Miller says that he would
like to continue to receive agendas by email. Hutchinson asks which form of communication is
optimal for Wynne and her office. Wynne says that the form included in this meeting's packet is
adequate. Wynne will also make special note of things that are time sensitive.
Hutchison asks about the plan for the March 24 meeting. Wynne says that if any items on the
agenda are not pressing, it may be best to cancel due to the COVID 19 outbreak.
Craft asks about the City's plan for the COVID 19 outbreak. Wynne explains that it is an ever -
changing situation, and that she will keep everyone informed.
Hutchinson asks about the status of the Briscoe project. Bartley says that she attended a
neighborhood meeting that was productive and supportive.
Adjournment
Miller: Motion to adjourn the meeting. Bartley seconds. The motion passes (6 -0).
The meeting adjourns at 8:24pm.