03.09.2021 BPD Minutes Beverly Planning Board
March 9, 2021 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Planning Board
DATE: March 9, 2021
LOCATION: Remotely held meeting through Google Hangouts Meet
MEMBERS PRESENT: Chairperson Ellen Hutchinson, Vice-Chair Alexander
Craft, Sarah Bartley, Derek Beckwith, Ellen Flannery,
Wayne Miller, Rodney Sinclair, Brendan Sweeney, Andrea
Toulouse
MEMBERS ABSENT:
OTHERS PRESENT: Assistant Planning Director Emily Hutchings
RECORDER: Sarah Scott-Nelson
Call to Order
Craft calls the meeting to order at 7:03 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. Craft takes roll call attendance. Craft welcomes Brendan Sweeney, the
newest member of the Planning Board. Craft notes that Chairperson Hutchinson is currently not
present but will join later in the meeting.
Supporting materials that have been provided to members of this body are available from the
Planning Department. The public is encouraged to follow along using the posted agenda.
1. Subdivision Approval Not Required Plans
b. 176R Hale Street—Robert H Guida
Robert Guida, the applicant, describes the lot, stating that the existing parcel is not buildable, and
that the neighbors and abutters would like to divide the property and merge the created lots with
their existing lots, adding to their respective properties but not creating any new buildable lots.
Flannery asks Hutchings if the plan meets the standards for the ANR plan. Hutchings reviews the
staff report for the item and confirms that the plan meets the standards.
Flannery: Moves to endorse the plan at 176R Hale Street as a Subdivision Approval Not
Required Plan. Seconded by Toulouse. Craft takes a roll call vote. The motion
carries 8-0.
a. 38 Standlev Street—Warin2 School Inc. (to be heard with Item 2)
and
2. OSRD Waiver Request—38 Standlev Street—Warin2 School Inc.
Bob Griffin, representing the applicant, describes the area, highlighting the city-owned parcels
adjacent to the site, and the space for two potential building lots. Griffin reports that the plan has
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taken Conservation Commission concerns into consideration and expects to obtain approval.
Griffin adds that there are no historic sites at this parcel. Miller asks if there are any easements
across this property. Griffin replies that the City controls the adjacent lot, so there is plenty of
access to the open spaces, but there are no easements across this property. Beckwith asks Griffin
to comment on potential disruption to wetlands that would result from construction within the
100-Foot Buffer Zone. Griffin states that this plan setup is typical for the 100-Foot Buffer and
the applicant expects to gain approval from the Conservation Commission, and that no
construction will occur within the 25-foot and 50-foot no-build zones. Craft asks about the plans
for leveling the grade leading up to the garage on lot 2. Griffin comments that there will be
minimal grading for the garage, and that the rest of the lot has consistent grade for building
conditions. Miller asks about the driveway on lot 3, and Griffin comments that the proposed
driveway is to provide more parking and a turnaround area, and the plan also proposes mitigation
for potential runoff caused by this design.
Flannery asks about stormwater management. Griffin replies that the plan is to take stormwater
runoff and put it into dry wells as is common, and there are no anticipated concerns with
drainage or runoff. In response to Flannery's question concerning the deed restriction as is
required for such a waiver, Griffin replies that the Waring School is currently reviewing
proposed language, which will then be submitted to the City for consideration. Hutchings notes
the Board has discretion whether or not to proceed with a vote without proposed language in the
deed restriction. Sinclair asks about the timeftame for the applicant's request with the
Conservation Commission. Griffin replies that the process takes about 3-4 months but notes that
the applicant is comfortable if the Planning Board chooses to continue the item if necessary.
Miller notes that continuing the item would also allow him to go review the site, which he would
like to do.
Flannery: Moves to continue the item to the March 30, 2021 meeting. Seconded by Sinclair.
Craft takes a roll-call vote. The motion carries 8-0.
3. Public Hearing: Modification to Site Plan Review #111-13 —48 Dunham Ridge—50
Dunham Road, Special Permit Application #138-14—50 (52) Dunham Road—Cummings
Properties LLC
Hutchings reads the public notice. Michael Aveni, representing the applicant, reviews the plan
and notes that the Conservation Commission had expressed concern over the previously
proposed location for additional parking, and that an alternative parking plan is being proposed.
Aveni presents the new plan with adjusted parking accommodations, describing the number of
parking spaces that will be lost due to the modification, the number of spaces required by the
Ordinance to manage the additional industrial area, and how additional parking spaces will be
constructed on a separate area of the site if needed.
Beckwith asks about the jurisdiction of the land, as the additional parking is proposed where a
different building was previously proposed. Aveni confirms that the applicant has control of the
land where additional parking is being proposed. Sinclair asks about Conservation Commission
approval requirements, and Aveni clarifies that the current (revised) plan does not require
Conservation Commission approval. Aveni notes that the proposed plan was reviewed by the
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Parking and Traffic Commission last week, and that the Commission recommended approval. In
response to a question from Sweeney, Aveni clarifies where the additional parking spaces are
proposed on the site.
Miller asks if the applicant has considered semi-permeable parking or space for charging for
electrical vehicles. Aveni comments that as the need appears for charging stations, they will
address it as they have done at their other locations, and semi-permeable parking is a challenge
as it is often damaged by plows, but adds that the applicant could consider it if necessary in the
future. Craft welcomes any questions from members of the public and from the Board. Hearing
none, Craft calls for motions to close the public hearing, and then for the site plan and special
permit.
Beckwith: Moves to close the public hearing. Seconded by Flannery. Craft takes a roll-call
vote. The motion carries 8-0.
Flannery: Moves to approve the modification to Site Plan Review 9111-13 —48 Dunham
Ridge (50 Dunham Road) — Cummings Properties LLC, to include all previously
approved conditions. Seconded by Miller. Craft takes a roll-call vote. The motion
carries 8-0.
Flannery: Moves to approve the modification to Special Permit#138-14— 50 (52) Dunham
Road— Cummings Properties LLC, including in the decision the letter from the
Parking and Traffic Commission dated March 3, 2021 and the letter from the
Beverly Fire Department dated February 12, 2021 and incorporating all
conditions recommended therein. Seconded by Beckwith. Craft takes a roll-call
vote. The motion carries 8-0.
4. Public Hearing: Definitive Subdivision Plan and Waiver of Frontage— 108 Sohier Road—
Anchor Point LLC— c/o Glovskv & Glovskv
Ellen Hutchinson joins the meeting. Hutchings reads the public notice.
Flannery: Moves to go into public hearing. Seconded by Craft. Hutchinson takes a roll-call
vote. The motion carries 9-0.
Atty. Miranda Siemasko, representing the applicant, explains the request for the Planning Board
to accept the proposed modification to the SGOD plan decision, noting that there are no
proposed changes to the previously approved development, but the only change that will be
made is how the land will be recorded. Siemasko clarifies that the request is for approval of a
minor modification and a review of the site plan, which will not be changed, is not required. In
response to Miller's question about procedure, Hutchinson outlines the actions which the Board
needs to take on this item.
1. Grant or deny a Waiver of Frontage for Lot C;
2. Approve or deny a Definitive Subdivision Plan;
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3. Make a finding as to whether or not the proposed lot division expands the scope and nature
of the original SGOD approval; and
4. If the proposed plan is found not to expand the scope and nature of the original approval,
and therefore constitutes a minor modification to the SGOD plan, approve or deny the
modification.
Siemasko describes how the subdivision of land is necessary due to the phasing and financial
organization of the project. The Board recognizes how phasing is integral to the project's
funding. The Board further discusses the criteria of what constitutes a minor modification and
the best procedure for moving forward with this project. Hutchinson outlines the description of
what constitutes a minor modification to an SGOD project that is included in the Ordinance, and
the Board discusses the language. In response to Hutchinson's question, Siemasko clarifies that
the minor modification is for the division on the division of the parcels and is not related to the
frontage.
Hutchinson welcomes questions from the public. Hearing none, Hutchinson welcomes a motion.
Beckwith: Moves to close the public hearing. Seconded by Miller. Hutchinson takes a roll-
call vote. The motion carries 9-0.
Beckwith: Moves to grant a Waiver of Frontage for 108 Sohier Road—Anchor Point LLC,
for Lot C. Seconded by Craft. Hutchinson takes a roll-call vote. The motion
carries 9-0.
Beckwith: Moves that the Board approve the Definitive Subdivision Plan for 108 Sohier
Road presented by Anchor Point LLC. Seconded by Flannery. Hutchinson takes a
roll-call vote. The motion carries 9-0.
Beckwith: Moves that the Board make the finding that the Definitive Subdivision Plan and
Waiver of Frontage does not expand the scope and nature of the Smart Growth
Overlay District plan and therefore constitutes a minor modification to the plan
and decision. Seconded by Craft. Hutchinson takes a roll-call vote. The motion
carries 9-0.
Beckwith: Moves that the Board approve the minor modification to the Smart Growth
Overlay District plan and decision. Seconded by Craft. Hutchinson takes a roll-
call vote. The motion carries 9-0.
5. Address Expiration of Bond and Request for Extension: OSRD #2-10—875 & 875-1/2
Hale Street (n/k/a West Beach Lane)—Montrose School Park, LLC
The applicant is not present, although Hutchings notes that the Board can still consider the item
if determined appropriate and if there are no questions for the applicant. Hutchings comments
that the Planning Department and the applicant have been having problems reaching each other,
but notes that this bond has expired. The Board discusses whether the bond can be renewed or
must be reissued.
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Beckwith: Moves to either renew the performance bond in the amount of$12,430 issued as a
revocable letter of credit from Salem Five dated December 14, 2020 or if needed,
require the applicant to obtain a performance bond in the amount of$12,430.
Seconded by Craft. Hutchinson takes a roll-call vote. The motion carries 9-0.
Flannery: Moves to extend the deadline for the construction completion for the subdivision
to May 4, 2021. Seconded by Beckwith. Hutchinson takes a roll-call vote. The
motion carries 9-0.
6. Set Public Hearing: Solar Installations on Municipal Property
a. Special Permit#176-21 & Site Plan Review# 147-21 —4 McPherson Drive, proposed
solar canopy over existing parking lot—Kearsarge Beverly, LLC c/o Dan Voss
b. Special Permit#177-21 & Site Plan Review# 148-21 — 10 & 11 Pond Street, proposed
solar canopy over existing parking lot—Kearsarge Beverly, LLC c/o Dan Voss
c. Site Plan Review # 149-21 — 502 Cabot Street, proposed solar canopy over existing
parking lot—Kearsarge Beverly, LLC c/o Dan Voss
d. Site Plan Review # 150-21 — 100 Sohier Road,proposed solar canopy over existing
parking lot—Kearsarge Beverly, LLC c/o Dan Voss
All applications being managed by the same applicant and as part of the same project, Hutchings
recommends hearing the aforementioned applications together.
Flannery: Moves to set the Public Hearing for the March 30, 2021 meeting. Seconded by
Miller. Hutchings suggests adding that the motion would include a late request for
a Special Permit (9178-21) for 100 Sohier Road. Flannery amends the motion as
recommended. Seconded by Miller. Hutchinson takes a roll-call vote. The motion
carries 9-0.
7. Set Public Hearing: Waiver of Frontage and Definitive Plan— 9 Gary Avenue—Ann L.
Trask& Nancy Saliewicz
Beckwith: Moves to set the Public Hearing for the March 30, 2021 meeting. Seconded by
Craft. Hutchinson takes a roll-call vote. The motion carries 9-0.
8. Approval of Minutes: February 8, 2021
The Board reviews the minutes for the February 9, 2021 meeting and offers minor edits.
Beckwith: Moves to approve the revised minutes from the February 9, 2021 meeting.
Seconded by Craft. Hutchinson takes a roll call vote. The motion carries 7-0-2
Toulouse and Sweeney abstaining.
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9. Other/New business
Brendan Sweeney provides further introduction and the Board welcomes him to his first official
meeting.
Adiournment
Hutchinson moves to adjourn at 9:12 p.m. The motion carries 9-0.