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12.13.22 BPB Minutes DRAFT CITY OF BEVERLY PUBLIC MEETING MINUTES COMMISSION: Planning Board DATE: December 13, 2022 LOCATION: Beverly Middle School Library 502 Cabot Street, Beverly, MA 01915 Social Media Platform: BevCam (live stream on YouTube): https://bevcam.org/video/live-stream/ MEMBERS PRESENT: Ellen Hutchinson (Chair), Derek Beckwith (Vice-Chair) Ellen Flannery, Rodney Sinclair, Andrea Toulouse, George Gomes, Sarah Bartley, Wayne Miller MEMBERS ABSENT: STAFF PRESENT: Darlene Wynne, Director of Planning and Community Development OTHERS PRESENT: RECORDER: Sharlyne Woodbury Call to Order Chair Hutchinson calls the meeting to order at 7:01 pm. Sinclair was not present for the vote on ANR agenda item #1,451 Essex Street & 114 Standley Street— Fazio Enterprises, Randolph S. &Jeanie B. Earle. Sinclair was not present for the vote request for construction completion extension agenda item #2, 7 Porter Terrace LLC. Rodney Sinclair joins the meeting at 7:55 pm. 1. Subdivision Approval Not Required Plans a. 451 Essex Street&114 Standley Street—Fazio Enterprises, Randolph S. &Jeanie B. Earle Bob Griffin represents the applicant. The applicant is conveying approximately 1600 sq. ft. of wetlands from one property owner to another with no effect on frontage or ability to build on the lots. Hutchinson asks for clarification about which property is 451 Essex Street. There being no further comments or questions regarding the matter: Motion: Flannery moves to endorse the SANR plan for 451 Essex Street & 114 Standley Street— Fazio Enterprises, Randolph S. &Jeanie B. Earle. Miller seconds. Motion carries 7-0. 2. Request for Construction Completion Extensions to June 6, 2024 a. Definitive Subdivision Plan—Livingstone Avenue Improvements- 7 Porter Terrace LLC Bob Griffin represents the applicant. The applicant filed an extension to make the construction completion date coincide with the bond. National Grid has a hold on supplying power to the lots and a deal has been struck with the developer and a builder to build the houses once power is supplied to the lots. Beckwith asks if the delay from National Grid was anticipated. Griffin replies that this was Planning Board December 13, 2022 Meeting Minutes Page 2 of 8 anticipated and the request was made on November 1. Beckwith asks if there could be a 6-month check in process. Hutchinson asks if the applicant agrees with the Engineering Department memo. Griffin disagrees with the Engineering memo. He states it is unclear and will cooperate and meet with the Engineering Department about the site conditions. Griffin disagrees that the binder course will be harmed by soil drifting onto it. Wynne, after speaking with the Engineering Department, states that the concern is that it is not final pavement it is binder course which is not meant to be open and exposed for a long period of time and the Engineering Department is looking for protection as the binder course would be an insufficient subsurface to the pavement. One of the City Engineers recommends the project reinstate all erosion control measures. Griffin disagrees with the City assessment for reinstating the full erosion control measures. He does not believe they are necessary or that there has been significant erosion. Griffin refers back to the 2nd and 3rd conditions from the original application approval. Griffin disagrees with the comment about removing the silt sacks and all debris from the catch basins and lowering the grades at the catch basins. Hutchinson acknowledges Griffin's concerns on behalf of the applicant. Wynne comments the storm water management is not currently functioning, and that it will not be managed for 12-18 months. The city is concerned about storm water runoff. Griffin explicitly states he does not think the memo is accurate. Griffin is not worried about the storm water runoff. Miller confers with Griffin and notes the Board has to use the information in the memorandum provided. Members debate the best remedy with the information at hand. Gomes suggests a shorter extension period in order for all parties to have better information. Bartley asks if the snow melt is cause for concern. Griffin does not believe the castings will be damaged, and acknowledged that if castings are damaged during snow removal and plowing, they will be replaced. Miller asks about the National Grid delay and Griffin replies there were overhead wires and a pole the city solicitor wanted relocated.The pole is now in a satisfactory location. There being no further comments or questions regarding the matter: Motion: Flannery moves to grant the construction completion date to March 15, 2023. Beckwith seconds. Motion carries 7-0. 3. Adopt 2023 Planning Board Meeting Schedule Motion: Flannery moves to adopt the suggested 2023 schedule which totals 14 meetings. Beckwith seconds. Motion carries 7-0. Motion: Flannery moves to recess for public hearing. Beckwith seconds. Motion carries 7-0. Public Hearing 4. Continued Public Hearin a. Recommendation to the City on Proposed Amendments to the Beverly Zoning Ordinance Discussion:Various articles related to building heights and inclusionary housing—submitted by Darlene Wynne Planning Board December 13, 2022 Meeting Minutes Page 3 of 8 Wynne reads public comments for the record. Steven Moffett, 32 Eastern Ave and Councilor Scott Houseman, Ward 4. Councilor Houseman plans to continue Public Order 279 and believes conceptually changing the affordable housing is straight forward. Houseman will submit his own amendments to city council. Hutchinson asks a question regarding what recommendation the Board is making to the City Council about the Zoning changes. Wynne answers that the Board can make recommendations based on what is presented in front of them or that they can make their own suggestions with the caveat that any suggestion that the Board would make that is more stringent than the currently proposed changes would require a new public hearing. Hutchinson asks Wynne to summarize the proposed changes for the record. The changes are summarized: 1. Eliminate the "Tall Building Overlay District" 2. Reduce the maximum allowable height of buildings in the Cabot Street area (CC2 Sub- district) and in the Residential High-Density district(RHD) between Cabot and Rantoul Street 3. Introduce greater affordability requirements for residential development projects Given the summary by Wynne, Hutchinson asks her to expand upon Councilor Houseman's submitted proposed amendments as she is comfortable speaking to. Houseman's proposal refined the core pedestrian area as properties that front along Cabot Street and would have a maximum building height of 35 feet. Hutchinson asks about a part of Councilor Houseman's proposal to increase the height of a building to 45 feet by Special Permit. This would be a density bonus for additional affordable housing. Wynne confirms with Hutchinson that this proposal and the formula for calculating addition affordable housing is, to date, unformed. Beckwith states that he likes the idea of the proposal being Special Permit as it gives the Board more scrutiny over large residential projects. Wynne informs the Board that there is a time sensitivity to the action and that the Board has 21 days to respond with action to the City Council. Wynne reiterates to the Board that the letter and proposal from Councilor Houseman is not the proposal made by the City and should be considered a comment letter that should be discussed and considered, but it is not what the Board will be voting on. Chair Hutchinson opens the floor for public comment. Chris Koeplin, 15 Rantoul Street Applauds the efforts to refine zoning requirements from time to time. Agrees that 55 ft height does not belong in the core area between Rantoul Street and Cabot Street. Feels that 45 ft. or 4 stories on Cabot Street is the right math going forward. Koeplin is confident affordable off-site housing can work and sites former projects where they have created over 100 units at both 80%and 60%AM[ levels. States that the city depends on housing creation and the incremental revenue of housing creation and that any disruption to incremental avenues of affordable housing affects the City in years to come. Koeplin states that downtown businesses rely on downtown residents to patronize their businesses and that more housing can help. Koeplin believes parking should be included and part of the discussion. High density areas should rely on public transportation plus parking is extremely expensive. The current zoning in the Parking Overlay District requires one parking space per bedroom. A formula for housing and getting fewer cars on the road is good to consider. Planning Board December 13, 2022 Meeting Minutes Page 4 of 8 Hutchinson calls into question the proportion of government subsidies and the certainty of income stream and asks if investors are favoring programs like section 8 because of the guaranteed income stream. Miller asks about reducing the number of affordable units from 6 to 4. Koeplin replies that he has heard of developers changing projects so that the number of units in the project do not meet the number required to build affordable units or would scrap the project altogether if affordable units would be required. Beckwith calls into question the idea of the non-affordable units in a project having to make up the shortfall in rent of the affordable units to keep a project viable. Suzanne LaMont, 20 Porter Street Speaks to the historic point of the preservation of the downtown Cabot character and history. Height is not enough. Look at the conversion of existing buildings and at an adaptive reuse ordinance. Also consider demolition by neglect ordinance, an adaptive reuse ordinance, a cultural property heritage ordinance, and neighborhood conservation districts. Do not aggregate the parcels in order to make big properties. Big parcels right now may not be in existence, but it does not mean big parcels cannot be created. Beckwith asks LaMont about the inventory of historic properties on Cabot Street. Currently there is a partial inventory. The HDC tried to initiate an inventory for an extension from St. Mary's Church to the Indo Pub. There was no support from the Mayor's office to do the work for that extension piece including the Cabot Cinema. The whole area is vulnerable. Miranda Siemasko, 10 Hopkins Avenue Urges the board to carefully think about the reduction of units from 6 to 4.This is a disincentive for smaller projects downtown. Siemasko looks for clarification on the ordinance as written. Are these newly created units or does this take into account existing units? Siemasko also asks for clarification on the procedure. Members discuss the finer points of procedure. Wynne reads the language for the board. Members clarify City Council may take action within 21 days without hearing from the Board. Members refer back to Master Plan data and continue debating public outreach and involvement regarding the proposed changes. After deliberation members are encouraged to take action in small increments trusting the data presented. Andrew Defranza, 11 Weber Avenue Mr. Defranza is the Executive Director Harborlight Homes,formerly Harborlight Community Partners. Always interested in affordability. They do like two features. He agrees with the change in AMI level to 60%AMI. 80%AMI units are difficult to value. He also likes the modest percentage increase. Expresses some concern for smaller scale developers with the proposed changes. Bartley and Defrenza discuss the idea that deeper affordability requirements have unintended consequences of raising market value rents to offset the costs of the affordable units. Overall Defranza agrees with the proposed changes. He prefers a balanced method to spread the cost while acknowledging affordable housing and middle- income housing are difficult to develop. Beckwith asks about if the proposed affordable housing changes should apply to new or old units and if Mr. Defranza feels that the MBTA Communities Act will help to create affordable housing. Defranza states that the changes should apply to only new units and is optimistic that the long-term effects of the MBTA Communities Act are largely positive on communities. Motion: Flannery moves to close the public hearing. Toulouse seconds. Motion carries 4-3. Sinclair, Beckwith, Miller dissent. Planning Board December 13, 2022 Meeting Minutes Page 5 of 8 Motion: Flannery moves the Board to draft a letter to the City Council requesting more time for the proposed recommendations by the Planning Board. Beckwith seconds. Motion carries 8-0. S. Continued Public Hearing a. Site Plan Review#156-22 and Inclusionary Housing#21-22—26,28, 28R Cabot Street: 4-6,8 Rantoul Street and portion of 10 Rantoul Street (Map 1, Lots 79,80; Map 4, Lots 160, 161, 162, 163)—Southwest Rantoul Gateway, LLC Miranda Siemasko presents to the board. Stefano Basso, Chris Koeplin also represent the applicant. The peer review study for parking expressed concerns with turning radius in the garage and surface parking lot. Several communications between the traffic consultants and the Engineering Department ensued regarding the issue. As a result, SUVs are not squeezed into the tightest spaces on the lot. The applicant promises good snow management. Siemasko notes the peer review and the Parking &Traffic Commission (PTC) were satisfied that the project will be professionally managed. Beckwith asks a clarifying question regarding snow removal. Miller asks a question regarding bike rack placement. Siemasko recaps a discussion with the PTC regarding bike parking between cars in the parking garage. Beckwith with asks a question about how vehicles enter and exit the site. Miller asks questions regarding a transit shuttle.The applicant is going to make a onetime $15K donation to the City for a potential shuttle or transit program.This will create a pool of resources for the city of Beverly that mirrors the Salem pilot shuttle program. If the $15K is not used,then the money reverts to the City for PTC parking approval for traffic mitigation. Miller asks about the residents not being eligible for parking stickers. Wynne clarifies that this is a condition that has been in the last several letters and is a specific request of the Mayor. There being no further comments or questions regarding the matter: Motion: Beckwith moves to close the public hearing. Bartley seconds. Motion carries 8-0. Motion: Gomes moves to approve Site Plan Review#156-22 located at 26, 28, 28R Cabot Street: 4-6, 8 Rantoul Street and portion of 10 Rantoul Street(Map 1, Lots 79, 80; Map 4, Lots 160, 161, 162, 163)—Southwest Rantoul Gateway, LLC subject to the following conditions: 1. The project shall be constructed in accordance with the Site Development Plan entitled Southwest Rantoul Gateway, LLC, Rantoul Street and Cabot Street, Beverly, MA 01915, prepared by Beverly Crossing, prepared by SV Design, LLC, 126 Dodge Street, Beverly, MA 01915, and the Morin Cameron Group, 66 Elm Street, Danvers, MA 01923, 28 sheets, see index, dated 8/8/22 and revised through 12/7/22 including sheets C1 through C8, eight sheets revised 12/7/22 and incorporated into the response comments dated December 7, 2022. Said plans are attached hereto and incorporated herein by reference 2. Subject to compliance with all of the conditions contained in the comment letters submitted by the Department Heads, Boards, and Commissions which are attached hereto and incorporated herein by reference a. Letter dated August 25, 2022 from Bill Burke, Health Department b. Letter dated September 23, 2022 from Victoria Healey on behalf of the Design Review Boa rd Planning Board December 13, 2022 Meeting Minutes Page 6 of 8 c. Letter draft dated December 13, 2022 from Richard Benevento, Chair of the Parking and Traffic Commission d. Letter dated September 7, 2022 from Captain Jake Kreyling on behalf of the Fire Prevention Office e. Comments in Central Square Permitting System from Assistant City Engineer Lisa Chandler dated August 18, 2022 3. To the extent permissible and approved under fair housing in the Department of Housing and Community Development, the applicant will honor any local preference should the City of Beverly administration request it up to the DHCD maximum of 70 percent. DHCD will require that this request be made in collaboration between the applicant and the City. 4. Incorporate standard Planning Board conditions by reference. Flannery seconds. Motion carries 8-0. Motion: Gomes moves to approve Inclusionary Housing#21-22—26, 28, 28R Cabot Street: 4-6, 8 Rantoul Street and portion of 10 Rantoul Street (Map 1, Lots 79, 80; Map 4, Lots 160, 161, 162, 163)—Southwest Rantoul Gateway, LLC. Subject to the following conditions: 1. To the extent permissible and approved under fair housing in the Department of Housing and Community Development, the applicant will honor any local preference should the City of Beverly administration request it up to the DHCD maximum of 70 percent. DHCD will require that this request be made in collaboration between the applicant and the City. Beckwith seconds. Motion carries 8-0. Motion: Flannery moves to reconvene meeting. Beckwith seconds. Motion carries 8-0. Reconvene meeting. 6. Preliminary Subdivision Plan a. 218-224 Cabot Street—Leggat McCall Properties LLC—filed 11/16/22 Miranda Siemasko and Charlie Wear represent the applicant. Siemasko notes she incorrectly stated there are 2 lots, there are 3 lots. The purpose of the filing is to comply with the provision of a zoning change in anticipation of zoning changes being passed. The law requires a preliminary subdivision plan be filed and within 7 months a definitive subdivision plan be filed after which time the zoning that was in effect at the time of the preliminary plan filing is frozen for 7 years.The case law states they are freezing the land shown on the plan and not the development on the plan and that the development does not ever need to be built. The plan does not make sense but is within the subdivision filing regulations. Wynne gave the Ch 48 subdivision freezes and filing regulations to the board and guides the board on actions. There being no further comments or questions regarding the matter: Motion: Beckwith moves to approve the Preliminary Subdivision Plan—218-224 Cabot Street— Leggat McCall Properties LLC—filed 11/16/22. Flannery seconds. Motion carries 8-0. 7. Preliminary Subdivision Plan Planning Board December 13, 2022 Meeting Minutes Page 7 of 8 a. 45,47, 53 Cabot Street and 5 Union Street—Gregory Ward—filed 11/28/22 Bob Griffin presents on behalf of the applicant. The purpose of the filing is to comply with the provision of a zoning change in anticipation of zoning changes being passed. The law requires a preliminary subdivision plan be filed and within 7 months a definitive subdivision plan be filed after which time the zoning that was in effect at the time of the preliminary plan filing is frozen for 7 years. These are 4 contiguous parcels owned by the Wards totaling approximately 0.9 acres. The plan shows a fully conforming subdivision roadway. The lot lines will change as a result of the new cul de sac layout. Beckwith asks if this is hypothetical or if this is what the board can expect to see. Griffin confirms this is submitted as a zoning freeze. It is highly unlikely Wards will develop the plan. Hutchinson confirms with Wynne the plan meets all the requirements. There being no further comments or questions regarding the matter: Motion: Gomes moves to approve Preliminary Subdivision Plan—45,47, 53 Cabot Street and 5 Union Street—Gregory Ward—filed 11/28/22. Flannery seconds. Motion carries 7-1. Beckwith dissents. 8. Discussion on closed Public Hearings, if not closed—N/A 9. Set Public Hearin a. (Reschedule Public Hearing) Waiver of Frontage and Definitive Subdivision Plan—8 and 10 Dolloff Avenue—Andrew Rapisardo and Alison F. Rapisardo Motion: Beckwith moves to reschedule to the January 2023 meeting. Gomes seconds. Motion carries 8-0. b. Special Permit#183-22 and Site Plan Review#159-22—128 Boulder Lane—Oak Forest Farm LLC Motion: Flannery moves to set the public hearing to the January 2023 meeting. Beckwith seconds. Motion carries 8-0. 10. Approval of minutes Flannery has edits to submit to Wynne. Hutchinson asks if the edits are in substance or typographical. Flannery confirms they are typographical. Members accept Flannery's edits. a. August 16, 2022 and September 13, 2022 minutes Motion: Flannery moves to approve the minutes as amended. Beckwith seconds. Motion carries 8-0. b. October 4, 2022 To be reviewed at the next meeting. 11. New/Other Business 12. Adjournment Motion: Toulouse moves to adjourn. Gomes seconds. The motion carries 8-0. Meeting adjourned 9:56 pm. Next meeting scheduled 01/15/23. Planning Board December 13,2022 Meeting Minutes Page 8 of 8 Google meet: Myer Dana Hannah Bowen Charles Wear Naomi Moca Rebecca Brown