07.21.2020 BPB MinutesCITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Planning Board Meeting
Date:
July 21, 2020
Location:
Google Meet virtual meeting
Members Present
Chair Ellen Hutchinson,Sarah Bartley, Derek Beckwith, Ellen
Flannery, Wayne Miller, Andrea Toulouse
Members Absent:
Allison Kilcoyne, Vice Chair Alexander Craft
Others Present:
Planning Director Darlene Wynne
Recorder:
Jodi Byrne
Call to Order
Chair Ellen Hutchinson calls the meeting to order at 7:00 p.m. and reads a prepared statement
introducing the meeting, the authority to hold a remote meeting, public access and public
participation, and meeting ground rules. She takes roll call attendance.
Members, when I call your name, please respond in the affirmative. Names of members.
Sarah Bartley Allison Kilcoyne (absent)
Derek Beckwith Wayne Miller
Alexander Craft Ellen Hutchinson
Ellen Flannery Andrea Toulouse
The Chair then read the script describing the reasons, permissions, and ground rules for holding a
remote public meeting.
1. Subdivision Approval Not Required Plans
a.7 Sohier Road - Briscoe Village LLC c/o Glovsky & Glovsky and City of Beverly
Attny. Gooding speaks on behalf of the client. She states that this is a follow up application to
the previous Special Permit application for the reuse of the Briscoe School for multi-family
residential and theater use where the lot needs to be divided. Attny. Gooding says that the plan is
to divide the property so that the city retains a significant portion of the land. The land will be
divided into 4 parcels (Lots A, B, C, and D). Lot B will contain the building, and the City will
retain the remaining parcels labeled A, C, and D. She states that this plan is straightforward with
meeting the standards for Subdivision Approval Not Required.
Chair Ellen Hutchinson confirms the frontage requirement of 65 ft. and access from major roads.
Attny. Gooding says that all except Lot D meet this requirement, but that Lot D is not a buildable
lot. There are no further questions from the Board.
Flannery:
Motion to endorse the Subdivision Approval Not Required for 7 Sohier Road -
Briscoe Village LLC c/o Glovsky & Glovsky and City of Beverly having met the
three requirements for SANR approval:
Beverly Planning Board
Meeting Minutes
July 21, 2020
1.The lots shown on the plan must front on one of three types of ways as specified in MGL
Chapter 41, Section 81L. [Each lot has frontage on a public way. Lot D is not to be
considered a buildable lot.]
2.The lots shown on the plan must meet the minimum frontage requirements as specified in
e minimum frontage in the RMD. Each
buildable lot meets this standard.]
3.
MGL Chapter 41, Section 81L, exist. [Each lot has direct access from a public way.]
Bartley seconds the motion. There is a roll call vote with each member voting yes:
Sarah Bartley, Derek Beckwith, Alexander Craft, Ellen Flannery, Wayne Miller,
Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0).
b.865 Hale Street Kevin & Susan Barry (same as item 3 on agenda).
865 Hale Street Kevin &
Susan Barry
These two items were heard concurrently.
Attny. Gooding speaks on behalf of the client. She provides the background of this request to
endorse an ANR plan and to waive OSRD requirements. She says that 865 Hale Street is a single
residence that has been owned by Kevin and Susan Barry since 2001. Attny. Gooding adds that
the involved land is 2.3 acres, with landscape and gardening features (8,000 sq ft) and a wetland
resource. Attny. Gooding says that this property adjoins the OSRD subdivision for 875 Hale
Street (West Beach Lane) and notes that the subdivision process was historically contentious.
Attny. Gooding reports that in 201
ft. frontage on Hale Street, which would allow 120 ft. on Hale Street to serve the main house.
Attny. Gooding says that this permit was to preserve the existing gardens but also to retain value
of the property if significantly affected by the subdivision next door. She says that the permit has
received numerous extensions as they waited for the subdivision construction next door to be
completed. Attny. Gooding reports that in 2018, construction began and has wound down with
most residences being sold. She says that her client wants to use the permit to build on their
property, but discovered when they applied for a building permit that it had not yet been
endorsed as an ANR plan. Attny. Gooding explains that this needs to be determined as well as an
OSRD waiver. She says that now that the clients know where the house will be sited, they would
like to complete the work and move forward with the sale and construction of their home.
Wynne projects images that correspond to the following:
1.Form A - The ANR endorsement - Gooding reviews the plan that was approved by the
Board in 2010. One exception is that neither lot can be further subdivided, nor this would
be hand marked on the plan.
2.OSRD Waiver - this considers the objectives of the OSRD (protecting the wetland and
natural features of the land) with the purpose of making sure the home is sited in a way
that minimizes any disturbances to the natural land. The house site has been approved by
the Conservation Commission.
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Chair Hutchinson suggests they begin with questions regarding the ANR and its requirements.
Chair Hutchinson confirms with Attny. Gooding that the access from Hale Street will come from
the new subdivision roadway via an easement. A
rules, if there is legal frontage the property owners can use their chosen means of access, and that
the point of access is not an issue for the requirement. She adds that the easement has been
drafted, but not yet recorded.
Chair Hutchinson shifts the discussion to the waiver on the OSRD. Derek Beckwith asks if there
would be infringements on the buffer zone. Wynne projects the image. Attny. Gooding says that
the structure is outside of the buffer zone. She adds that some of the construction work may
occur within this zone, but that this work meets the satisfaction of the Conservation Commission,
as listed in an Order of Conditions recorded with the Registry of Deeds.
Craft asks if the Board needs to state the conditions in the decision of the OSDR waiver. Wynne
reports that they do not. Chair Hutchinson asks if the lot deed restriction document would need
to be recorded before the restriction of further subdivision. Attny. Gooding says that they will be
recorded simultaneously so that they would cross reference each other. She also confirms with
Chair Hutchinson that 865 Hale Street and the two smaller lots will all contain a deed restriction.
Miller clarifies Item #4 as provisions to run with the land as they apply to the property. Beckwith
asks about property access from West Beach Lane. Attny. Gooding says that the recorded
easement provides legal access.
Bartley questions the result of the OSRD if the Board did not grant the waiver. Attny. Gooding
explains the process that would follow this scenario, including a return to the entire OSRD
process involving a yield plan. She says this would be in excess of the practical reality of
creating one additional house lot, and states that the current plan is the best site for the home. She
confirms with Bartley that the client does not want to disrupt the significant feature of the mature
gardens on the property. Chair Hutchinson says that if the waiver was denied, it could invite
extra work with possibly little return as there is potential for a number of lots, while the client is
only asking for one buildable lot.
Craft:
Motion to endorse the SANR plan for 865 Hale Street in that it meets the three
standards as required in MGL Chapter 41:
1.The lots shown on the plan must front on one of three types of ways as specified in MGL
Chapter 41, Section 81L. [Hale Street is a public way.]
2.The lots shown on the plan must meet the minimum frontage requirements as specified in
MGL Chapter 41, Section 81L. [Lot 1A meets the standard of minimum frontage by
3.
MGL Chapter 41, Section 81L, otherwise exists. [Access for Lot 1A is provided through
West Beach Lane a private way established by Subdivision Approval, by agreement;
though access could be provided directly from Hale Street if it was desired.]
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Flannery seconds the motion. There is a roll call vote with each member voting yes: Sarah
Bartley, Derek Beckwith, Alexander Craft, Ellen Flannery, Wayne Miller, Andrea Toulouse, and
Chair Ellen Hutchinson. The motion passes (7-0).
Craft:
Motion to grant an OSRD waiver for 865 Hale Street with the following
conditions:
1.No more than two (2) new building lots are created; and,
2.The owner and his/her successors in title, through deed restriction, will
relinquish all rights of future division that will create additional building lots
together or in conjunction with land outside the tract.
3.The applicant has provided an acceptable plan identifying and delineating
primary and secondary conservation areas, potentially buildable areas, and
proposed house location(s).
4.The applicant has satisfied the Planning Board that siting of the new houses
and associated site improvements, including stormwater management,
conform to the purposes and intent of the OSRD Ordinance.
This will include the deed restriction with a notation filed with the registry of
deeds and will be written on the ANR before recording. In addition, it is agreed
that the owner will record the Board's decision on the ANR and in the deed
waiver and the restrictions previously discussed.
Flannery seconds the motion. There is a roll call vote with each member voting
yes: Sarah Bartley, Derek Beckwith, Alexander Craft, Ellen Flannery, Wayne
Miller, Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0).
2. Public Hearing: Major Modification request to Site Plan Review #146-19 - 0 Everett
Street - 0 Everett Street LLC
Flannery:
Motion to recess for a public hearing. Beckwith seconds the motion. There is a
roll call vote with each member voting yes: Sarah Bartley, Derek Beckwith,
Alexander Craft, Ellen Flannery, Wayne Miller, Andrea Toulouse, and Chair
Ellen Hutchinson. The motion passes (7-0).
Architect Julia Mooradian presents on behalf of the client. She reviews that this property (on the
corner of Hale and Everett Streets) was previously approved for a mixed-use project, and that the
proposed modifications are to now create a building that is only two residential units.
Mooradian describes the modifications which include a rotating the building 90 degrees,
reduction in parking, and changes to curb cuts and landscaping. Mooridian also reviews the floor
plans which include two garages and resident patio areas. She states that the building has been
approved by the DRB with the following changes noted: roofs above the garage doors will be
shed roofs with copper, the entrance will have an overhang gable roof, and that there will be a
single entry door into the area along with main entry into the house. Mooridian reports that they
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July 21, 2020
have also modified a full shed roof on the upper level to allow for a smaller dormer with each
side hosting cedar shakes and a privacy screen to allow protection for abutting neighbors. There
will be copper on the side roofs, with cedar shakes surrounding the building.
Engineer Brendan Pyburn shows the removal of the infiltration system and the closed site
drainage. He says that this change is due to the removal of the business unit, where parking and
drainage needs will be less. He says that he spoke with the City Engineering Department to make
these changes based on decreasing impervious areas by 20%.
Chair Hutchinson asks if Wynne has any written approval from Engineering regarding these
changes. Wynne says no. Wynne notes that the project will need to meet stormwater
management requirements in order to receive a building permit, so that an approval by the Board
will not overstep any engineering requirements.
Beckwith asks if the applicant will agree to any damage to pavement and sidewalks due to utility
work, per Sean Cianciar
noted requirement that the applicant pave any area that is disturbed during construction which is
the same as under prior condition. The DRB has had one condition noted on a letter for copper
on the roof.
Beckwith says that this design shrinks the Beverly Farms village area in that the side of the
Thistle and Hale Streets, saying that it is stately and hosts a design that better belongs on the
street. Chair Hutchinson asks if the DRB had any comments on the design elevations of this
building. Flannery says that the DRB recognized that the building could not be rotated due to the
two garages. Beckwith states that he is suggesting something more stately on the side to make it
assessment.
Chair Hutchinson reminds the Board that this is a site plan review and that the Board has limited
authority on the design. The applicant, Joseph Skomurski, says that he is willing to comply with
the paving condition and that very little should be affected. Wynne notes the email containing the
comment and states that it does not need to be amended but that they can just acknowledge the
received email.
Chair Hutchinson opens comments to the public.
1.Peter Johnson - 677 Hale Street
Johnson requests that the new building offer a design that better features the entrance to Beverly
says that he hopes the builder will enhance the view from Hale Street. Skomurski responds
saying that the front of the building is on Everett Street, and he feels that the building with the
landscape should offer a nice view to this area.
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Craft asks about the privacy screen and the fence agreement with the abutting property owner.
Skomurski says he met with the abutting neighbor and that they came to an agreement on both
items. Rebecca Swanick of 5 Everett Street is on the call and confirms this agreement.
Wynne states that if the Board were to approve a modification to the Site Plan, that the previous
conditions stand. She reminds the Board that the approved plan was for a retail storefront with
two residential units, and the modification is to remove the storefront and just build the two
residential units.
Flannery:
Motion to close the public hearing. Miller seconds the motion. There is a roll call
vote with each member voting yes: Sarah Bartley, Derek Beckwith, Alexander
Craft, Ellen Flannery, Wayne Miller, Andrea Toulouse, and Chair Ellen
Hutchinson. The motion passes (7-0).
The public hearing is closed.
Beckwith asks Wynne if the Board has any voice in the recommendations to the building. Wynne
health, safety, and welfare of the city in the area of development. Wynne also says that in the
prior review, the public was unhappy with the retail portion. Bartley states that the Planning
Board relies on the DRB for design, and should not put additional requests on what the DRB has
provided. Miller submits that while the Planning Board relies on the DRB, they ask designers to
present something that is not a degradation to the village. Skomurski reviews the plans of the
DRB to scale down and blend in. He feels that the shingle sided building with windows will look
great.
Chair Hutchinson says that if this modification gets denied, the original site plan may still be
built. Wynne confirms that they are only voting on the modification.
Flannery:
Motion to approve this major modification request to Site Plan Review #146-19 -
0 Everett Street - 0 Everett Street LLC with the following conditions:
1.Subject to the condition from Design Review Board, dated July 13, 2020 that
roofs on side and lower are copper additions on the roof.
2.Subject to the email from Engineering Dept, dated May 28, 2020 that curb to
curb repavement may necessary.
3.Subject to the email from Engineering Dept, dated May 28, 2020 that
stormwater management standards will be met.
4.That conditions from January 2020 approval still apply.
Craft seconds the motion. Chair Hutchinson asks if they want to add fence repair
as a condition to the motion. Wynne states that the public meeting is closed and
that the agreement between the builder and the neighbor is not known by the
Board. There is no further discussion on the motion. There is a roll call vote:
Sarah Bartley, Derek Beckwith, Alexander Craft, Ellen Flannery, Wayne Miller,
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Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (6-1) with
Beckwith voting no.
4. Request for Full Release of Performance Bond: Definitive OSRD Site Plan West Beach
Lane Montrose School Park
Wynne provides an update stating that they do not yet have the autoCAD files, and are therefore
requesting that the bond be renewed rather than released. She says that the engineering
department is requesting renewing the bond for the full amount or for 40% of the bond which is
$12,400. She confirmed with the bank that this is possible with extending the construction date.
She asks Jeff Rhuda to speak. Rhuda is having trouble with his microphone, but types a message
that he is agreeable to renew the bond at 40% and to extend the construction date to October 30,
2020, if the Board pleases. The bond was in the form of a letter of credit.
Craft:
Motion that the Board renew the Performance Bond for Definitive OSRD Site
Plan West Beach Lane Montrose School Park in the form of a Letter of Credit
for 40% in the amount of $12,400, and to extend the construction completion date
to October 30, 2020. Beckwith seconds the motion. There is a roll call vote with
each member voting yes: Sarah Bartley, Derek Beckwith, Ellen Flannery,
Alexander Craft, Wayne Miller, Andrea Toulouse, and Chair Ellen Hutchinson.
The motion passes (7-0).
5. Confirmation of Covenant Release: Definitive Subdivision Plan Penny Lane, Lots 1-4,
formerly Hale Court c/o Kellem &; Kellem LLC
Wynne says that the Board may want to affirm its prior release of recording this document in the
event that the Registry of Deeds wants to review. This will affirm the release of the Form H with
valid Board approval as it had not been recorded in the registry of deeds in 2006. Chair
Hutchinson confirms with Wynne that this is stamped with an approval from 2006.
Craft:
Motion that the Board confirm the Covenant Release of Form H of the Definitive
Subdivision Plan Penny Lane, Lots 1-4, formerly Hale Court reaffirming the
original release accepted in January 2006. Flannery seconds the motion. There is a
roll call vote with each member voting yes: Sarah Bartley, Derek Beckwith, Ellen
Flannery, Alexander Craft, Wayne Miller, Andrea Toulouse, and Chair Ellen
Hutchinson. The motion passes (7-0).
6. Set Public Hearing Date: Definitive Subdivision Plan Livingston Avenue (Map 9 Lots
370, 371, and 372) proposed plans include improvements, and extending Livingston Avenue
by approximately 280 feet 7 Porter terrace LLC.
Flannery:
2020. Miller seconds the motion. There is a roll call vote with each member
voting yes: Sarah Bartley, Derek Beckwith, Ellen Flannery, Alexander Craft,
Wayne Miller, Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes
(7-0).
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7. Approval of Minutes
January 28, 2020 minutes are discussed and amended as needed.
Craft:
Motion to approve the minutes for January 28, 2020 as amended. Flannery
seconds the motion. There is a roll call vote with each member voting yes: Sarah
Bartley, Derek Beckwith, Ellen Flannery, Alexander Craft, Wayne Miller, Andrea
Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0).
8. Other business not known at the time of the posting of this agenda
Wynne announces that Emily Hutchins has been named as the new Asst. Planning Director, and
that the City is now looking to hire an Associate Planner.
Wynne provides an update on the Master Plan. She says there is a directive to keep it moving
toward an approval. She says she has a plan submitted to the Mayor and needs to still add some
content to the outreach component. She also reports that they will add the events from the past
few months, with an addendum or an acknowledgement of the short term effects of the
pandemic, while keeping the focus on the long term. She says the plan will be brought to the
Planning Board in August as an introduction and refresher, and then released to the public,
following with some public engagement opportunities. Wynne states that the Plan would go to
City Council after the Planning Board, and that this would not be done before mid-September.
Wynne reports that CDBG money was awarded to the City in the amount of $230,000.00, with
maximum grants of $10,000.00 to be awarded to businesses with five employees or less who
have been open prior to January 1, 2019. She says that a press release will soon be published to
notify the public of this application opportunity.
Wynne also reports that Beverly was recognized by Governor Baker as a Housing Choice
Community, as Beverly showed the addition of a certain number of units over 5 years and at
least seven of fourteen best practices. Wynne says the City was also awarded this in 2018. She
states that this helps the City gain points in grant applications and provides access to a capital
grant program.
Wynne says that the CPC continues to work on emergency rental assistance and are now
accepting applications from two agencies. Beckwith reports that of eight organizations, two are
interested and are in the process of filing their applications. Beckwith says that the CPC hopes to
get this program running by September 1, 2020 with the amount of $240,000.00 He reports that
the soliciting bids will limit the fee, but expects a fee in the range of 10-20%.
Flannery:
Motion to adjourn the meeting. Beckwith seconds the meeting. The motion
passes (7-0). The meeting is adjourned at 9:24 p.m.
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