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10.22.2019.BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: October 22, 2019 Location: Beverly Council on Aging ("Senior Center"), 90 Colon Street Members Present Chair Ellen Hutchinson,Derek Beckwith, Ellen Flannery, Allison Kilcoyne, Wayne Miller, William Boesch, Sarah Bartley Members Absent: Vice Chair Ned Barrett, Alexander Craft Others Present: Assistant Planning Director Darlene Wynne Recorder: Jodi Byrne, Recording Secretary Chair Ellen Hutchinson calls the meeting to order at 7:00 p.m. 1. Subdivision Approval Not Required Plans a. 176 Hale Street / Map 199 Lot 22 - A&A Properties, LLC This is presented as a simple plan to make two parcels from one property. There is a line behind the garage that will separate Lot 1 from Lot 2. It is stated that only Lot 1 will be sold as a building lot. When asked why this is being done, the owner answered he wants to sell to two different property owners. Hutchinson asks for the zoning status. Wynne answers it Flannery: Motion to endorse the plan as Subdivision Approval Not Required. Kilcoyne seconds. The motion passes (7-0). b. 722, 724,726 & 726A Hale Street / Map 37 Lots 91-92 - 81X Certificate confirming plan has not changed - Orestes G. & Erik M. Brown and ZMB Realty LLC Mr. Brown provides a history of this request, explaining that he had not recorded the endorsement of his prior request. Wynne explains that the Board had already approved this plan, but that the owner did not record the Plan at the Registry of Deeds within the required 6 months, requiring the Board to certify that this plan has not changed. It is confirmed that the plan did not change. Boesch: Motion to certify that the Subdivision Approval Not Required Plan has not changed. Miller seconds. The motion passes (7-0). 2. OSRD #10-17 & Definitive Subdivision Plan for 20, 30, & 40 Webster Avenue - Request to release Lots 1 and 2 from Covenant and waive from Board's Conditions - BENCO, LLC The applicant is not present. Hutchinson asks if the applicant still has standing to be released from the covenant, because he sold the rights to the Subdivision. Wynne reviews the history of this project which originally included 2 multi-family building to remain, with 9 new units to be constructed at the end of a new roadway. Wynne says that the property was sold and that the units are still planned. She explains that the utilities are connected and the exiting residents will need access through the new roadway during construction. She says that the roadway construction is ongoing. Wynne reports that the person who was granted the approval is the one requesting the relief (not the current owner nor the person building the roadway). Wynne says that the covenant transfers with the property. Hutchinson requests that this discussion be held until the applicant is present. Miller: Motion to postpone this discussion until the November 30, 2019 meeting. Flannery seconds. The motion passes (7-0). Beverly Planning Board Meeting Minutes October 22, 2019  Hutchinson takes agenda item #6 out of order 6. Set Public Hearings a. Set Public Hearing - Site Plan Review #146-19 - 0 Everett Street - Everett Street LLC, c/o Alexander & Femino Wynne provides context for already scheduled meetings. Boesch: Motion to schedule this Public Hearing on November 19, 2019. Flannery seconds. The motion passes (7-0). b. Set Public Hearing - Waiver of Frontage and Definitive Subdivision Plan - 21 Porter Terrace - Jeffrey Holloran Boesch: Motion to schedule this public hearing on November 19, 2019. Flannery seconds. The motion passes (7-0). c. Set Public Hearing - Modification to Approved Smart Growth Overlay District (SGOD) Application #01-18 - 108 Sohier Road (Anchor Point) - Harborlight Community Partners, Inc. Flannery: Motion to schedule this public hearing on November 13, 2019. Boesch seconds. The motion passes (7-0). Hutchinson reminds the audience that the meeting is being filmed. It is noted that the Salem News is also recording. Boesch: Motion to recess for the public hearing at 7:30pm. Beckwith seconds. The motion passes (7-0). 3. Continued Public Hearing: Site Plan Review #140-19, Special Permit #172-19, andInclusionary Housing Permit #17-19 "Depot Il" a mixed commercial and residential buildingcontaining 115 residential units with associated parking and site improvements 134-142 146 Rantoul Street and 1-9 Park Street - Depot Square Phase II, LLC Atty. Miranda Gooding presents on behalf of the applicant. She says that earlier today she had to notify the Board that the Parking and Traffic Engineer, Rebecca Brown, had a family emergency and will not be present to address the parking and traffic information. Attny. Gooding requests a continuance issued until the next hearing. Hutchinson explains the request to the audience and says that it is not optimal to discuss parking and traffic without Brown. She explains that there could not be any advanced notice. Attny. Gooding suggests hearing from the public on items other than parking and traffic. Hutchinson says that if people cannot be present at the 11/19/19 meeting, that they may be invited to speak now. Attny. Gooding asks if the public hearing times can be changed as they are not a part of the public notice. Hutchinson says that keeping the times is a courtesy to the audience and Board members. The second hearing, therefore, will not begin until 8:30 pm. Boesch: Motion to deny the request for a continuance to allow the public to speak about items other than parking and traffic. Flannery seconds. The motion passes (7-0). Ϯ Beverly Planning Board Meeting Minutes October 22, 2019  Attny. Gooding reports on project changes before the public comments begin. She says that since the 10/1/19 meeting, the DRB has made a favorable recommendation. She states that the developer of this project agrees to all conditions made as part of the record. She also says that they would like to offer the following modifications to the project: 1. Affordable Housing Gooding notes the applicant agreed to commit 9 credit units at less than 60% AMI, to be at 2 Hardy St. (6 units) and 161 Rantoul St. (3 units). All are 3-bedroom units. 2. Design and Sustainability - (Thad Siemasko, SV Design, presents these items). a. Siemasko says that public input encouraged them to improve the Park St. corner to make it more pedestrian friendly. He shows images to review these changes. b. Siemasko reviews the 6 sustainable design standards and explains how this project meets these in the following areas: location, parking, public transportation access, water efficiency, native plantings, energy-efficient equipment, materials/resources, environmental quality, composting, and traffic demands. 3. Housing Costs - Attny. Gooding says that in response to a comment at the last public hearing regarding housing costs in relation to benchmarks, she has prepared a chart revealing the average incomes of Beverly Crossing residents and the median income of Beverly residents. She reports that the buildings meet the 30% of Beverly income, and a 22% ratio of residents in Beverly Crossing projects. She says the rents in this new project are determined to meet the 30% Beverly median income and 22% of the residents who will live in the building. Beckwith says that he is still concerned about the impact on the cost of living for people in this particular area. Miller reviews the sustainability standards and requirements. He asks if they plan to acquire certification. Siemasko answers no. He explains that they plan to meet the standards without the certification due to the cost and long process. Miller also clarifies that solar panels are included in the design. Siemasko says that they will place solar panels but are not sure of the location at this time. The public is invited to comment: Paul Schultz passes on his opportunity to comment. Karen Schwartz, 19 Giles Avenue, Beverly, says that she feels that the large apartment buildings decrease the quality of life and that she does not want to see another large building. Jack Esher, 13 Meadow Road, Beverly, says that he is not in favor of this project. He asks if a study has been done on the impact of these projects on the quality of life in the area or if the Board has ever asked questions of how this project will impact the quality of life in the area. Hutchinson says that all perspectives will be considered in reviewing this project. Escher asks about the process and timing, Hutchinson answers that there is not a set deadline and the hearing will continue until all information is deemed sufficient and at that time a vote will take place. Tom Hayes passes on his opportunity to comment. Robert Moser, 17 Beckford Street, Beverly discusses the effects of gentrification as a veteran of housing. He says that he feels that projects like this are making housing not affordable for many Beverly residents. He says that this project is pricing many residents out of the City. Attny. Gooding ϯ Beverly Planning Board Meeting Minutes October 22, 2019  costs. She says that this company has provided affordable housing that matches many City nonprofits. Chris Koeplin from Beverly Crossing comments that most of the residents are from Beverly or the North Shore, and that these buildings are both creating jobs and making Beverly better. John Newman, 40 Ober Street, Beverly says that he is inspired by Peter Johns9). He says his concern is with the loss of historic buildings and the lack of conjunction of the new project to existing structures. Wendy Pearl, 21 Morningside Dr., Beverly, asks the Board to be sure that they have all of the information needed before voting. She says that a balloon test should be completed to visualize the height of the structure. Jim Younger, 32 Butman Street, Beverly, MA, says that Depot Matters is impressed with past projects and reviews the benefits to Rantoul Street. He then says that the Depot II project needs revisions in design, especially in the parking and traffic design. He addresses the green requirements, the historical impact, the height of the building, the colors of the top floors, and affordable housing on site. He asks the Board to consider all of these. Lynn Huber, 19 Lyman Street, Beverly, MA, requests information on how property values are affected by these large projects. She says that she is not in favor of this project, but if it is built, that an added Charlie Card kiosk would benefit this area. Flannery: Motion to continue the public hearing until November 19, 2020. Boesch seconds. The motion passes (7-0). 4. Continued Public Hearing: Site Plan Review #143-19 and Special Permit #173-19 - Construct a 3- story restaurant containing ground floor amenities including restrooms, a snack bar, and small commercial space for water-related retail or recreational use by land owned by the City of Beverly - 1 Water Street - Beverly Restaurant Associates, LLC Glovsky & Glovsky, LLC Attny. Gooding presents on behalf of the client. She reports that the bulk of the presentation was on October 1, 2019, and that tonight she plans to update the Board on the project. First, she reports that the DRB has issued a favorable recommendation. She states that now this project has received approval from both the DRB and Parking and Traffic Commission. Next, Attny. Gooding addresses the parking and traffic issues cited from the last meeting. Again, it is noted that Rebecca Brown could not attend, but that Attny. Gooding briefly reviews the project and any updates to the original proposal. She asks Board members to note the amenities on the first floor that will be presented during the presentation. She says that these improvements are planned to benefit the City and to integrate the waterfront, and that many are eager to see this land properly developed. Attny. Gooding also says that Aaron Clausen will be presenting tonight on the parking and traffic. Boesch asks why he should approve any more traffic to the already failing intersection at Cabot St. and Water St. Attny. Gooding says that this will be addressed in the presentation. She also says that the grades at this intersection are at an acceptable level of service. Doug Halpert, GPI the traffic consultants, presents (on behalf of Rebecca Brown) to address the parking and traffic conditions of this project. He shares information regarding the acceptability of the intersection ϰ Beverly Planning Board Meeting Minutes October 22, 2019  of Cabot St. and Water St. He reviews the no-build grade and the level of service with the build, reporting that the build would result in a Level E. This includes the improvements that will be made by MassDOT. Beckwith asks what other intersections in Beverly are at a Level E to provide some context of proposed quality. Halpert says that he does not have all of this information, but that there have been many recent improvements and progress to various areas in the City. Jim Sousa, the senior interior designer, shares some of the restaurant design. He shows the ground floor which is planned to be 90% for public use. It includes a public bar, an art gallery, a snack bar, and a retail area. There is also an area for storage to best support all of the businesses. There is a restroom, stairs, and two covered parking spaces. The second floor is the main restaurant floor that may be accessed by either elevator or stairs. It includes the waterfront bar, dining area, and a street-side kitchen. The rooftop (3rd floor) is planned to be open year-round, but can be closed if necessary. There will also be a smaller kitchen area. He shows images of the view from the rooftop area. Sousa reviews the images of the planned exterior design. He describes the colors and windows, including an art piece that would be facing the street with a pop out for the entrance to the building. He shows slides with public access seating and a 10 ft. walkway for waterfront access, and other views of the restaurant and waterfront areas. Beckwith confirms that the public seating adjacent to the public walkway is open to the public. Scott Cameron, of the Morin-Cameron Group, confirms that everything (except service areas) on the ground level is open to the public. Hutchinson asks how the public will know that they have the access to this part of the building. Cameron answers that signage will be posted and that Chapter 91 waterways license requires signage for access information. Sarah Bartley asks if the art gallery will be open to the public as a regular area or if it would have to be rented. Attny. Gooding says that it is still informal in planning, but is intended for public use. Hutchinson confirms that it is planned to rent the retail space. Beckwith says that the project is p and asks if there was consideration of better ways to preserve the water views for the public. Cameron answers that the primary goal was to revitalize and maximize the waterfront and its use. It is also said that the plan is efficient in maximizing building use and parking. Miller asks if dogs will be allowed in public areas. Gooding answers the same rules of other City parks will be followed. Planning Director Aaron Clausen speaks on behalf of Parking and Traffic Commission. He provides a brief overview of the parking and traffic analysis, primarily around the main intersection and its level of service. Clausen says that this intersection is planned for summer 2020 reconstruction, and that post- construction (especially at Water Street) it is predicted to be at an improved level of service from its current condition. Clausen also says that the reconstruction of the intersection will include bike lanes to improve both vehicle and pedestrian safety. Clausen says that the applicant is proposing a Transportation Demand Management (TDM) plan to minimize single occupant vehicle rides, including encouraging use of public transportation and an employee shuttle that will run in shifts during least busy times. He says the Parking and Traffic Commission recommended approval with 5 conditions: 1. Review in 6 months to one year - a post occupancy review of parking and traffic ϱ Beverly Planning Board Meeting Minutes October 22, 2019  2. Board to review traffic and management plan both during the project work and after the project completion 3. TDM plan as a condition 4. Parking attendant requirement 5. Parking available at Harbormaster site Miller confirms that the intersection improvement will happen even without the new build. Clausen says that with both pieces in place, the traffic will not be worse. Kilcoyne asks if the parking needs of The Anchor restaurant are included in the total study. Clausen says that it was noted that their lot is usually full. Miller confirms the projected number of employees as 60 during the off-season and 120 during the on- season. He then asks if a ride sharing program will be used. Cameron confirms and indicates that ride sharing will be encouraged for both employees and patrons. Miller suggests subsidizing a bike sharing program. Miller also asks if the applicant has considered a traffic simulation. Halpert answered that they have performed a model projection. He explains that only the Water Street westbound access to the intersection is projected to move from a Level F to a Level D. He says that all access areas to the intersection will be at a Level D or better, and that the overall intersection will be at a Level B. Hutchinson asks the expectations of the 2026 build conditions. Halpert answers that they counted volumes in May and June 2019 and the future year growth trends. He says that they then used ITE trip generation rates to add the new build estimates, including numbers of other new developments and builds. Beckwith asks for information of other Level E intersections and for the estimated completion date of and that the completion date is not yet known, but that there will be close communication between the intersection reconstruction and the new build. Attny. Gooding asks Cameron to address the comments from Board member Wayne Miller regarding the carbon footprint of the build. Cameron reviews all of the green plans for both the project building materials and an ongoing plan of energy efficiency. He also states the property will remove the current asphalt and add vegetation to 43% of the open space (not including the sidewalks). Hutchinson opens the meeting up for public comment. Dan Finn, 16 Front Street, Beverly, MA says that for the Special Permit, this resident says that it is required to have a 15 ft. walkway along the shore and a 10 ft. walkway for the filled tidelands. He would like to see these walkways on the project. Cameron shows the series of walkways planned for the project. The speaker says that the walkway is completely off of the lot and shows his personal rendering of the area. Attny. Gooding says that the plan is made by engineers, and that the lease and RFP did include the limits of the plan. She adds that the applicant is proposing as part of this plan to make improvements on the land surveyor performed accurate work and that all zoning setbacks and requirements are accurate and meet all requirements. Pete Willwerth, 10 Fossa Terrace, Beverly, MA, says that the lease is illegal and shares copies of a letter illustrating that this property is subject to a deed restriction. He says that the City should repeal this use of property except for park and recreation purposes. ϲ Beverly Planning Board Meeting Minutes October 22, 2019  Attny. Gooding states that the Article 97 issue is well-known. She says that the property was purchased by the City and has been approved for restaurant use. Clausen says that the City negotiated a second project agreement between the Mayor and the Executive Office of Environmental Affairs that agrees that a restaurant was always part of the intention for the site; this agreement is included within the packet given to the Board. Euplio Rick Marciano, 121 McKay Street, Beverly, MA, shows a copy of the deed and says that the pier is made for strictly public use. He says that he thinks that the use of the pier will be lost by the public and asks where the Harborfest will be held after the build. The resident states that his hope is that the City will use this area for a public park with food trucks. Sue [inaudible], says that the first floor of the restaurant will require families to spend money in order to enjoy the area. Attny. Gooding says that the park that is adjacent to the site will be improved and integrated and will be open for families to use and for the Harborfest to occur. She also says that the application does address all criteria and notes that two Board members are absent. She wants to be sure she addresses all requested information before closing the public hearing and vote. Jessica Berger, 36 Front Street, Beverly, MA, says that she hopes that residential parking stickers will be administered. Flannery: Motion to recess the Public Hearing. Boesch seconds. The motion passes (7-0). There is a 5 minute recess. Flannery: Motion to return to the Public Hearing. Boesch seconds. The motion passes (7-0). Hutchinson says that this is a critical project for both the applicant and the City and that she wants the entire Board to be present for all information and for a vote. She requests the Public Hearing to be continued until Nov. 19 for Vice Chair Ned Barrett and Board member Zane Craft to have an opportunity to review the information and to ask questions. Attny. Gooding agrees with this decision. She explains that this is time sensitive and that it is only the beginning part of the approval process. Attny. Gooding asks for Nov. 13. Hutchinson states that Board member Kilcoyne will not be present at that meeting. Miller asks about the parking spaces. Attny. Gooding references all public parking areas. She also asks the Board if there are any other items that need to be addressed before the next meeting. Mayor Cahill says that he would like to hold his comments until November 19. Hutchinson says that she does not require any more information from Atty. Gooding. Flannery: Motion to extend the Public Hearing until November 19. Boesch seconds. The motion passes (7-0). 8. New/Other business a. Master Plan Update ϳ Beverly Planning Board Meeting Minutes October 22, 2019  Wynne provides an update of public meetings and encourages the public to attend. She says there is also an online survey available on the PlanBeverly website. Wynne states that people can gain more context if they attend the public meetings and that the online survey allows for open comments and a view of other recommendations. Wynne says that she will provide more details about future meetings when they are released, and that currently there is a public meeting planned for December 5 and that a Mobility Hub meeting is being planned for either November 20 or 21. Hutchinson says that she attended the Ward 3 public meeting and found it informative and helpful. She complimented the process of looking at the City as a whole and evaluating best areas for developing. Bartley also values the interactive style of the meeting and says that they are a great opportunity for the citizens of Beverly. Hutchinson thanks the Board for their hard work and dedication with the long hours and preparation required in these important decisions for the City. 9. Adjournment Boesch: Motion to adjourn the meeting. Flannery seconds. The meeting ends at 10:20 pm. ϴ