04.26.2022 BPB Minutes Final CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Planning Board
DATE: April 26,2022
LOCATION: Virtual Meeting via Google Meet
MEMBERS PRESENT: Chairperson Ellen Hutchinson,Vice-Chair Alexander Craft,
Sarah Bartley,Ellen Flannery,Derek Beckwith,Wayne Miller,
Rodney Sinclair
MEMBERS ABSENT: Andrea Toulouse
OTHERS PRESENT: Planning Director Darlene Wynne
RECORDER: Stacia Chamberlain
Call to Order
Chairperson Hutchinson calls the meeting to order at 7:01 p.m. and reads a prepared statement
introducing the meeting and noting the authority to hold a remote meeting.
1. Subdivision Approval Not Required Plans
a. 573 Hale Street& 9 Avalon Avenue: Christopher B.Loring,Ellen G.Loring and Jonathan
B.Loring
Joe Small of Hancock Survey is on call to discuss the project. Hutchinson opens the discussion for
questions. There being none,Hutchinson welcomes a motion.
Flannery: Moves to endorse the Subdivision Approval Not Required Plan for 573 Hale Street&
9 Avalon Avenue.Beckwith seconds.Hutchinson takes a roll-call vote.The motion
carries 7-0.
Beckwith: Motion to open public hearings. Craft seconds.Hutchinson takes a roll-call vote. The
motion carries 7-0.
2. Continued Public Hearing: Site Plan Review#153-22- 105 Sam Fonzo Drive, 10 LP Henderson
Road-Thomas Ford
Tom Ford,principal of the trust; Richard Salvo of Engineering Alliance;James Emmanuel,landscape
architect;Mark Schryver,principal architect; and Brandon Purrington,manager of construction from
Greenleaf, are on call to discuss the project.Mr.Ford summarizes their efforts to come to amenable
terms with the abutters regarding the neighbors' sightlines of the building and landscape buffering.Mr.
Ford invites questions from Board members.
Beckwith tells Mr. Ford that he is impressed with Mr. Ford's diligence and effort in talking to the
neighbors to satisfy their needs.He asks Mr.Ford about exterior paint colors for the building,
specifically the sides of the building which face neighbors.Mr.Ford discusses their proposed paint
colors, and their willingness to explore options.
Wynne mentions that Craft was absent at the last meeting but has certified according to the Mullin law
that he is eligible to vote on this application.Hutchinson tells Mr.Ford that she and the Board members
appreciate his diligence in this project towards the neighbors. Hutchinson invites questions and
comments from the public.
Mike Petkavich, 60 Trask Street,thanks the Board for their service and thanks Mr.Ford and his team for
their hard work and professionalism during this project.Margaret Vernon, 56 Trask Street, states her
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April 26,2022 Meeting Minutes
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approval of Mr. Ford's efforts and cordiality towards her and the other neighbors. She thanks him and
the Board members. Robert Gates,61 Trask Street, asks the Board to consider the aesthetic of the
building facade facing Route 97.Mr.Ford replies that they have put thought into this topic.He says that
the Design Review Board recommended landscaping along that facade in order to beautify the
warehouse exterior.
Miller asks if there is a way to mitigate or prevent graffiti on the warehouse facade.Mr.Ford responds
that they will install exterior security lights.
There being no further comments from the public nor the Board,Hutchinson welcomes a motion to
close the public hearing.
Beckwith: Motion to close the hearing.Miller Seconds.Hutchinson takes a roll-call vote.The
motion carries 7-0.
Beckwith: Motion to approve the Site Plan Review 9153-22 - 105 Sam Fonzo Drive, 10 LP
Henderson Road,with the conditions set forth in letters from the Design Review
Board(dated 3/10/22),Parking&Traffic Commission(dated 4/5/22),the
Conservation Commission(dated 3/30/22),the Fire Department(dated 2/14/22),the
Health Department(dated 2/23/22),the Engineering Department(dated 3/10/22,
3/22/22, and 4/4/22), and Page 6 of the Planning Board staff report; and also
including the conditions as stated below. Craft Seconds. Hutchinson takes a roll-call
vote. The motion carries 7-0.
Conditions
1 Work shall conform to the project plans as named herein, attached and incorporated hereto.
2 Any requests for changes or modifications to the approved project or conditions set forth herein shall be submitted
o the Planning Board for review and approval.
3 Subject to compliance with the recommendation and conditions from the Parking &Traffic Commission, as
established at their 4/5/22 meeting.
Subject to compliance with the letter from the Commissioner of Public Health dated 2/23/22, incorporated herein
and attached hereto.
5 Subject to compliance with the recommendation and condition from the Design Review Board, as established in a
letter dated 3/10/22 and incorporated herein and attached hereto.
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6 Incorporating the comments and subject to compliance with the conditions established by the Engineering
Department,as follows:
1. Erosion Control-During Construction phase activities,excavation,and earth work shall be done in compliance with
erosion control rules and regulations.Open areas of disturbance and soil/material stockpiles shall be protected
from waterborne and windborne erosion and shall not have any negative impact on surrounding privately owned or
municipally owned property.
2. Engineering-Stormwater Mitigation-Construction shall be such that pre-existing and newly constructed
structures,and/or impervious surfaces shall not displace or direct stormwater in any fashion off the subject
property.Any activity that directs water onto surrounding privately owned,or municipally owned property will be in
violation of City of Beverly Engineering Department Rules and Regulations.
3. Engineering-Commencement of work under this permit is acknowledgment by all involved parties that they
understand and will abide by all current Engineering Department Rules and Regulations. Failure to abide may
result in cease and desist orders and/or additional fees and fines.This document can be found here on the City's
Website:https://www.beverlyma.gov/DocumentCenterNiew/1848/Master-Rules-and-Regulations-PDF
4. Sidewalk along frontage of Sam Fonzo Drive shall be reconstructed to match proposed sidewalk on L.P.
Henderson.
5. All newly constructed sidewalk shall maintain a minimum width of 5 feet,2%max.cross slope and all appropriate
ADA requirements.
6. The Engineering Department advises that tracking of material/debris/mud offsite is a chronic problem during
construction activities. If it is found to be a ongoing issue,construction entrances/on-site tracking pads may need
to be expanded beyond the proposed footprint.Vehicle washing provisions may need to be revised to incorporate a
suitable,environmentally sound solution, if tracking is found to be a chronic problem.
7. The Applicant shall ensure appropriate access for maintenance to DMH#6 and sediment forebay from the
driveway.This shall be reflected in the plan set.
8. Limits of maintenance for stormwater BMPs shall be clearly illustrated on a plan set to be included with the
proposed stormwater 0&M manual.
9. Condition#5 as established in a memorandum submitted by Tetra Tech(dated 3/10/22, incorporated herein and
attached hereto)must be addressed prior to obtaining construction permits. The Applicant shall also confirm that
the Cultec subsurface infiltration basin has the required separation from seasonal high groundwater elevation in
accordance with MassDEP Stormwater Handbook.
10. Condition#17 as established in a memorandum submitted by Tetra Tech(dated 3/10/22, incorporated herein and
attached hereto)must be addressed prior to obtaining construction permits. Landscape plan indicates maintaining
existing vegetation along proposed access path to basin.Width of path and steep grades indicate existing
vegetation cannot be maintained without disturbance.Applicant must provide a corrected plan for approval by the
Planning and Engineering Departments prior to approval of any construction permits.
3. Continued Public Hearing: Waiver of Frontage and Definitive Subdivision Plan — 14 Jordan
Street—John I1tis and Patricia Coen-I1tis
Thomas Alexander, attorney for the applicants,is on call to review the project proposal. Mr. Alexander
states that this project proposal was voted unanimously to provide the variance to create this lot, and they
have received the approval of the abutting neighbors. He adds that they hired a wetlands scientist to mark
out the various buffer zones on their plans. He welcomes questions from the Board. Beckwith asks Mr.
Alexander to review the plot plan on screen with the Board, as Beckwith is concerned with the structure
being within the floodplain.Mr. Alexander describes the schematic,which illustrates the proposed
building structure and the buffer zones.
Wynne clarifies that the Board is determining specifically whether or not to approve the waiver of the lot
frontage. Hutchinson states that she believes that much of the building project will fall under the purview
of the Conservation Commission, and also that she is as concerned as Beckwith about the proximity of
the proposed building on the lot within the floodplam. Miller is also concerned with the same points, and
adds that he is concerned with potential runoff from contaminants and fertilizers.Bartley thinks that this
project is a good opportunity for adding reasonably-sized housing to the city when there is a need for
adequate housing. Sinclair agrees.
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Craft: Motion to close the public hearing. Miller seconds. Hutchinson takes a roll-call vote.
The motion carries 7-0.
Craft: Motion to approve the waiver of frontage at 14 Jordan Street.Flannery seconds.
Hutchinson takes a roll-call vote. The motion carries 7-0.
Craft: Motion to approve the Definitive Subdivision Plan for 14 Jordan Street, sponsored by
John Iltis and Patricia Coen-Iltis,with the conditions as provided below. Flannery
seconds. Hutchinson takes a roll-call vote. The motion carries 7-0.
# Conditions
1 The conditions of this approval shall be set forth on the plan to which the conditions or waivers apply OR shall be set
forth in a separate instrument(such as this decision letter)which shall be referenced on the plan.This shall occur prior
o plan endorsement by the Board.
2 Work shall conform to the project plans as named herein,attached and incorporated hereto.
3 Any requests for changes or modifications to the approved project or conditions set forth herein shall be submitted to
he Planning Board for review and approval.
4 Subject to compliance with the standard conditions set forth in the Board of Health comment letter dated 12/24/2021,
incorporated herein and attached hereto.
5 Incorporating the comments and subject to compliance with the conditions established by the Engineering
Department,as follows:
11. Erosion Control-During Construction phase activities,excavation,and earth work shall be done in compliance
with erosion control rules and regulations. Open areas of disturbance and soil/material stockpiles shall be
protected from waterborne and windborne erosion and shall not have any negative impact on surrounding privately
owned or municipally owned property.
12. Stormwater Mitigation-Construction shall be such that pre-existing and newly constructed structures,and/or
impervious surfaces shall not displace or direct stormwater in any fashion off the subject property.Any activity that
directs water onto surrounding privately owned,or municipally owned property will be in violation of City of Beverly
Engineering Department Rules and Regulations.
13. Commencement of work under this permit is acknowledgment by all involved parties that they understand and will
abide by all current Engineering Department Rules and Regulations. Failure to abide may result in cease and
desist orders and/or additional fees and fines.This document can be found here on the City's Website:
https://www.beverlyma.gov/DocumentCenter/View/1848/Master-Rules-and-Regulations-PDF
6 In reference to condition#1 on the aforementioned letter from the Board of Health,dated 12/24/2021,a copy of the
service program for pest control services shall be sent to the Board of Health and the Planning Department for
pproval prior to the issuance of a building permit.
4.Public Hearing: Special Permit#181-22- 973 Hale Street,Pork-Chop shaped lots for single
family residence Mark B. Glovsky, Glovsky and Glovsky for Joan L.Mullen
Wynne reads the public notice.
Mark Glovsky is on call to discuss the project proposal using the project schematic. Mr. Glovsky states
that the Zoning Board granted the property owner unequivocal approval for a zoning variance. He also
states that Ms. Mullen received support from her neighbors for this project. He enumerates the
requirements to be satisfied for building on the separate lots and explains how their building plans are
within those requirements.
Hutchinson invites questions from Board members. Hutchinson asks Mr. Glovsky if they could make
frontage on Lot 1 larger and still meet the zoning requirements. He replies that it is meant to allow Ms.
Mullen to maintain control of the landscaping and natural habitat of the pond area on her frontage on
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April 26,2022 Meeting Minutes
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Lot 2.Beckwith asks about Parcels B & C: they note on the schematic that a decision has yet to be made
about their allocation to either Lots.Mr. Glovsky explains that these are unbuildable plots and that it may
be up to the new Lot owners to choose which Parcel matches with which Lot.
Beckwith would like to know how Mr. Glovsky could justify the statement that these lots will preserve
the landscape from additional building and development.Mr. Glovsky replies that Pork-Chop shaped lots
are deliberately less divisible by shape and Ms.Mullen plans to place conservation restrictions onto each
Lot.He also states that the quantity of salt marsh in the rear of each proposed Lot makes further division
nearly impossible.Hutchinson would like clarification on the driveway for proposed Lot 1;he replies that
it exists on the Greenbelt property adjacent due to an easement.He adds that they do not wish to add
another curb cut.Flannery asks if there are plans for expanding the guest house above the garage.Mr
Glovsky replies that there are no plans for additions to the guest house. Craft asks if these plans have been
sent to the abutters.Mr. Glovsky confirms that they have mailed plans to all abutters and they have
received letters of support from many and have heard no concerns.
Beckwith: Motion to close the public hearing. Craft seconds.Hutchinson takes a roll-call vote.
The motion carries 7-0.
Beckwith: Motion to approve the special permit for#181-22-973 Hale Street,Pork-Chop shaped
lots for single family residence,submitted by Mark B.Glovsky,Glovsky and Glovsky,
on behalf of Joan L. Mullen. As part of the approval, the Board recognizes that the
applicant has met the 10 requirements outlined by 300-18A (8:26 p.m.) of the zoning
ordinance, including (1)The site is an appropriate location for the proposed use and
the character of adjoining uses will not be adversely affected. (2)No factual evidence
is found that property values in the district will be adversely affected by such use.
(3)No undue traffic and no nuisance or unreasonable hazard will result. (4)Adequate
and appropriate facilities will be provided for the proper operation and maintenance of
the proposed uses. (5)There are no valid objections from abutting property owners
based on demonstrable fact. (6)The minimum lot area of the pork-chop-
shaped lot shall be at least the minimum lot area required in the zoning district in which
the pork-chop-shaped lot is located, except the portion of the lot which is the narrow
strip or portion of the lot to the way shall not be included in the lot area calculation.
(7)The width of the pork-chop-shaped lot measured at the shortest distance between
side lot lines is no less than 75 feet at any point between the street and the existing or
proposed building on the lot. (8)All front, rear, and side yard setbacks shall be the
same as the minimum setbacks specified for the zone in which the lot is located.
(9)The depth of that portion of the lot which fails to satisfy the lot frontage
requirements set forth in the definition of"frontage" in § 300-5 between the street and
the existing or proposed building on the lot cannot exceed a distance of 250 feet from
the street. (10)There shall be not more than one other pork-chop-shaped lot with
frontage contiguous to it. In addition, the following conditions: (1) A Subdivision
Approval Not Required submission will be required in order to formally divide the
lots, and prior to applying for a Building Permit. (2) Any requests for changes or
modifications to the approved project or conditions set forth herein shall be submitted
to the Planning Board for review and approval. (3) Subject to compliance with the
standard conditions set forth in the Fire Prevention Office comment letter dated
4/5/2022, incorporated herein and attached hereto, including that a new hydrant be
provided in the new driveway easement area. (4) Subject to compliance with the
standard conditions set forth in the Board of Health comment letter dated 4/5/2022,
incorporated herein and attached hereto.Flannery seconds.
There being discussion: Mr. Glovsky is surprised to hear that the Fire Department required that there be a
new hydrant built on the property, as referenced by Beckwith in a letter sent by them. Wynne reads aloud
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April 26,2022 Meeting Minutes
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the letter from the Fire Department.Mr. Glovsky replies that this is an opportunity to discuss with the
Fire Department and since they have not understood this requirement,they may need to come back after
discussion with the Fire Department for another hearing.Mr. Glovsky responds that he would prefer not
to accept the condition without understanding the ramifications of the implementation of the condition.
Beckwith asks Mr. Glovsky if this condition could be included in the subdivision review that they will
entertain regarding this project.Mr. Glovsky replies that this would be more fair.Wynne states that the
subdivision regulations require that hydrant locales be shown on the plans at time of application, so this
could be sufficient.Beckwith suggests that Mr. Glovsky could resolve the issue before the next Approval
Not Required(ANR)plan for the subdivision of the lot.Board members discuss the letter from the Fire
Department and how to satisfy this condition in a timely manner.
Members determine to amend the motion where it references the Fire Department's letter of April 5,
2022,to withdraw language regarding installing a new hydrant in the new driveway in the easement, and
replace it with the language "shall present in its subdivision approval not required submission,brought
before the Planning Department,an ANR plan showing an agreed-upon location of fire hydrants,between
the applicant and the Fire Department."
Amendment seconded by Flannery.Mr. Glovsky is unsure if the Fire Department is requiring them to put
a new hydrant on the Essex County Greenbelt easement and if that is within his purview,but that he will
discuss this further with the Fire Department.
Hutchinson takes a roll-call vote. The motion carries 7-0.
5.Public Hearing:Waiver of Frontage and Definitive Subdivision Plan - 93 & 95 Corning Street-
Conor Walsh,Glovsky& Glovsky for Marcheterre Family 2012 Realty Trust
Wynne reads the public notice.
Conor Walsh is on call to discuss the project proposal.Mr.Walsh summarizes the purpose of the plan and
invites questions from Board members.Hutchinson asks Mr.Walsh to provide details on the exact lot
size. She would like to know if the purpose was to find an equitable share of the land between the Lots 1
&2.Mr. Walsh states that these lots have been owned by the same owner for decades and had already
established these lot lines, and that this hearing is designed to memorialize the long-established division
line of the Lots. Wynne shows photos of the property from Google Map to demonstrate the existing
conditions, showing an existing fence on the proposed new lot line.
Beckwith: Motion to close the public hearing. Craft seconds.Hutchinson takes a roll-call vote.
The motion carries 7-0.
Hutchinson would like Mr. Walsh to be aware of the specific conditions that the Board is
intending to place on this subdivision plan and states them aloud.
Flannery: Motion to approve the Waiver of Frontage at 93 & 95 Corning Street,application by
Conor Walsh, Glovsky& Glovsky for Marcheterre Family 2012 Realty Trust.
Beckwith seconds.Hutchinson takes a roll-call vote. The motion carries 7-0.
Flannery: Motion to approve the Definitive Subdivision Plan at 93 & 95 Corning Street,
application by Conor Walsh, Glovsky&Glovsky for Marcheterre Family 2012
Realty Trust,with conditions as described below. Sinclair seconds.Hutchinson takes
a roll-call vote.The motion carries 7-0.
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April 26,2022 Meeting Minutes
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# Conditions
1 The conditions of this approval shall be set forth on the plan to which the conditions or waivers apply OR shall be set
forth in a separate instrument(such as this decision letter)which shall be referenced on the plan.This shall occur
prior to plan endorsement by the Board.
2 Work shall conform to the project plans as named herein,attached and incorporated hereto.
3 Any requests for changes or modifications to the approved project or conditions set forth herein shall be submitted to
he Planning Board for review and approval.
6.Public Hearing:Modification to Site Plan #141-99— 108 Bridge Street—David Cutler
Wynne reads the public notice.
Thomas Alexander, attorney for the applicant, and George Zambouras, site civil engineer,are on the call
to discuss the project.He first states that they regret that they proceeded with unapproved changes to this
project without due process,citing the various challenges faced by the client, and how construction
decision processes can cause mistakes.He outlines the specific unapproved design changes and discusses
the rationale for them.He adds that the Design Review Board unanimously recommended approval of the
plan.Beckwith asks about changes to the easement.Mr.Zambouras clarifies the area on the property
where the easement is located. Beckwith expresses his frustration with the client's avoidance of due
process.Miller introduces the idea that perhaps their system confounds the process.Hutchinson asks for
clarification on specific prior modifications and the responsibility for landscape maintenance of plantings
located in the easement.Hutchinson asks Wynne to summarize the recommendations from the Design
Review Board.Hutchinson invites comments from the public. There being none from the public,
Hutchinson welcomes a motion to close the hearing.
Beckwith: Motion to close the public hearing. Craft seconds.Hutchinson takes a roll-call vote.
The motion carries 7-0.
Craft: Motion to approve the aforementioned architectural change modifications to Site
Plan 9141-99— 108 Bridge Street,including architectural details and features.
Flannery seconds.Hutchinson takes a roll-call vote.The motion carries 7-0.
Craft: Motion to approve the landscape planting modifications to Site Plan 4141-99— 108
Bridge Street.Flannery seconds.Hutchinson takes a roll-call vote.The motion carries
7-0.
Craft: Motion to approve the modification at Site Plan#141-99— 108 Bridge Street,for the
retaining walls,unit-specific patios and the individual fences orientated between each
unit patio.Flannery seconds. Hutchinson takes a roll-call vote. The motion is denied,
2-5,with Beckwith,Flannery, Sinclair, Craft, and Hutchinson voting no.
Mr.Zambouras comments that the retaining wall existed before and is structurally necessary. Wynne
recommends they respond with a formal written argument for why these structural changes are necessary.
Set Public Hearings
a. none at this time
Approval of Minutes
a. April 5,2022
Board members review the minutes and have offered comments and/or corrections.
Flannery: Motion to approve the minutes from the meeting on April 5,2022, as amended.
Beckwith seconds.Hutchinson takes a roll-call vote. The motion carries 7-0.
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April 26,2022 Meeting Minutes
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Other/New business
a. Correspondence from Parking &Traffic Commission: Condition Acknowledgment—
SGOD Project Review#01-18— 108 Sohier Road
Wynne summarizes sidewalk construction work to be done near and around the Anchor Point
development project and how the timeline for its construction has changed. She explains how the project
will be completed through a state grant and that Harborlight is no longer responsible for its construction.
Members discuss whether or not they need to vote on this action. Craft recommends that this information
be attached to the Anchor Point documents as evidence that the condition will be met in other ways.
b. Correspondence from Planning Department: Administrative Approval of Necessary Plan
Correction—SGOD Project Review#01-18— 108 Sohier Road
Wynne summarizes work done to change the location of the construction of certain stairs and retaining
walls at the Anchor Point development project,which were erroneously shown on City-owned property.
Hutchinson does not believe that the Board needs to vote to approve of this change. Board members
discuss checks and balances for decisions on what they describe to be minor or insignificant changes.
Members decide it would be appropriate for the Board to acknowledge and place with the relevant
documentation.
Beckwith: Motion to receive and place on file the April 21,2022 correspondence to the
Planning Department: Administrative Approval of Necessary Plan Correction—
SGOD Project Review 401-18— 108 Sohier Road. Craft seconds.Hutchinson takes a
roll-call vote. The motion carries 7-0.
Adiournment
Craft: Motion to adjourn at 10:20 p.m. Beckwith seconds. The motion carries 7-0.
The next regular meeting of the Beverly Planning Board will take place on Tuesday, May 17, 2022, and
will be held virtually via Google Meet.