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04.24.23 BPB Minutes Final City of Beverly Planning Board April 24,2023 Meeting Minutes Page 1 of 7 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Planning Board DATE: April 24, 2023 LOCATION: Beverly Middle School Library, 502 Cabot Street MEMBERS PRESENT: Chair Ellen Hutchinson, Vice Chair Derek Beckwith, Ellen Flannery, George Gomes, Sarah Bartley, Wayne Miller(late, remote) MEMBERS ABSENT: Rodney Sinclair OTHERS PRESENT: Director of Planning& Community Development Darlene Wynne, Assistant Planning Director Ken Clawson RECORDER: Naomi Moca Call to Order Chair Hutchinson calls the meeting to order at 7:00 p.m. 1. Subdivision Approval Not Required Plans a. 5 Preston Place: Andrew Campbell 8 Preston Place Bob Griffin of Griffin Engineering is present and states that the applicant lives across the street at 8 Preston Place and owns a three-acre parcel of land with frontage along Preston Place, and is proposing to divide the parcel into two conforming lots, each with 175 feet of frontage and 45,000 square feet of area. There will be a new parcel line between the two. Beckwith discusses that the 20-foot wide strip that leads to Lot 1 is sufficient to traverse during construction and after construction. Griffin states that he believes that the area will be traversable. Beckwith asks why there is only a 20-foot wide strip given the size of the lot. Griffin states that the strip was designed that way in order to provide enough buildable area on Lot 2. Hutchinson asks about the topography and Griffin states that it is reasonably flat, and then clarifies that reasonably means that no extraordinary construction measures would be needed. Flannery asks how long the 20-foot wide strip is and Griffin states that it is about 100 feet. Hutchinson states that she understands Griffin's position but asks why the strip isn't made a little wider to alleviate any concerns of the Board. Griffin states that a typical driveway is 12-15 feet wide and that the only question before the Board is if the plan conforms to zoning. Wynne clarifies that the question before the Board is if the plan constitutes a subdivision. Hutchinson asks of the width calls into question the ability of emergency vehicles to access the lot. Griffin states that he believes that it is adequate. Beckwith: Motion to endorse as Subdivision Approval Not Required for 5 Preston Place: 8 Preston Place, Andrew Campbell, Applicant. Flannery seconds. Motion carries (5-0) 1 City of Beverly Planning Board April 24,2023 Meeting Minutes Page 2 of 7 Flannery: Motion to recess. Gomes seconds. Motion carries (5-0). Recess for Public Hearings 2. Continued Public Hearing: Special Permit#183-22 and Site Plan Review #159-22— 128 Boulder Lane, Oak Forest Farm LLC—Proposal for three 5,000 s.f. warehouses and storage units located in the IR Zoning District and the Water Supply Protection Overlay District Thomas Alexander of Alexander and Femino is present and requests a continuance because six out of nine Board members are required for a supermajority vote for the Special Permit, and there are five members present today. Alexander and Hutchinson agree that it does not make sense to do a presentation tonight. Hutchinson and Wynne express that efforts are being made to fill the open Board positions. Alexander opts not to entertain public comment and then have the absent members, Miller and Sinclair, do the Mullen Rule certification. Flannery: Motion to continue the public hearing for special permit 4183-22 and Site Plan Review 9159-22— 128 Boulder Lane Oak Forest Farm LLC to the May 23, 2023 meeting. Beckwith seconds. Motion carries (5-0). 3. Continued Public Hearing: Site Plan Review#162-23 —451 Essex Street- Fazio Enterprises, Inc. Proposal for a mixed-use building containing 2,013 s.f. of commercial office space and five townhouse-style apartments located in the CN and R15 Zoning Districts. Miranda Siemasko of Glovsky and Glovsky, Bob Griffin of Griffin Engineering, and Stefano Basso of SV Design are present. Siemasko states that the applicant came before the Board at the last meeting and at the conclusion of the question and answers, one Board member expressed the desire for a site visit, and that the Board also was also interested in the status of the Conservation Commission's evaluation of the project. Since the last meeting, the Conservation Commission conducted a site visit where members of the public were in attendance, and the matter is likely to be concluded at the next regular Conservation Commission meeting. Becwith asks about the plan changes that were made as a result of the Parking and Traffic Commission and Design Review Board recommendations. Griffin states the following changes were made to the plan since the last meeting: the Pin Oak trees were moved back 5 to 10 feet at the request of the Parking & Traffic Commission to ensure that sight lines are not disrupted,the trees planned in the area of the sewer easement have been moved and a note added that the City is not responsible for plantings that may be disturbed by future sewer work within the property at the request of the Engineering Department, a perennial bed has been moved further away from the driveway at the request of the Design Review Board, the planned Amelanchier Grandiflora has been changed to Amelanchier Canadensis at the request of the Design Review Board, and the No Disturb Zone cleanup will be performed manually at the request of the Conservation Commission. Griffin confirms that there have been no changes to the plan besides these items. 2 City of Beverly Planning Board April 24,2023 Meeting Minutes Page 3 of 7 Hutchinson asks for clarification on the Illicit Discharge Compliance Statement and Griffin explains that it is to confirm that no sewer connections are tied into the drainage system, and to make sure the plumbing is tied in to the correct pipe. Karen Tassinari of 116 Standley Street states that she is a direct abutter to the property up to the wetlands and she and her family have occupied the lot since 1996. Tassinari states that at the time of the property purchase, she was required to sign paperwork restricting any touching of the wetlands. Tassinari recounts that when she and her family applied to install a pool, they complied with the Conservation Commission's process, including a site visit conducted by the Conservation Commission, and ultimately installed a pool within the property limits of the lot. Tassinari asks for clarification on the delineation of the wetland waterline and Griffin demonstrates the delineation on the map. Tassinari asks if the project will include backfilling, and Griffin states that about six feet of fill will be added to bring it to grade with the rest of the lot. Tassinari expresses concern that her property value will drop as a result of the project, that the five-story building will create a sight line into her property and home, that there is no option on her property to build a privacy fence, and that she believes the project will be completed regardless of her concerns. Tassinari expresses regret that she could not attend the Conservation Commission site visit. Tassinari recounts other similar projects being built in other areas of the City. Tassinari expresses dismay at the scale of the project in proportion to the size of the site and that it encroaches on her property, and that she would hate to have to move away. Hutchinson discusses that the project is a by-right project and that it meets the requirements and the zoning for the area. Griffin states that there are trees between Tassinari's house and the project, and observes that in the winter with the lack of leaf cover the property will be visible. Griffin estimates the distance between the boundary of the parking to the location of Tassinari's house to be over 100 feet. Beckwith: Motion to close the hearing. Gomes seconds. Motion carries (5-0). Gomes: Motion to approve Site Plan Review 9162-23 —451 Essex Street, Fazio Enterprises, Inc., Applicant, with the standard Planning Board conditions, incorporating the feedback received from the Design Review Board, the Parking and Traffic Commission, and the comments from the Engineering Department. Flannery seconds. Motion carries (5-0). Flannery: Motion to reconvene the regular meeting. Bartley seconds. Motion carries (5- 0). 4. Set public hearings,if any: a. Special Permit#186-23 - Corner of Ellingwood Court and Congress Street—Robert I. Boudreau, 11 Dearborn Avenue,Beverly,MA 01915 Beckwith: Motion to set the public hearing for Special Permit 9186-23 - Corner of Ellingwood Court and Congress Street, Robert 1. Boudreau, Applicant, for the May 23, 2023 meeting. Bartley seconds. Motion carries (5-0). 3 City of Beverly Planning Board April 24,2023 Meeting Minutes Page 4 of 7 5. New or other business: a. Joint Public Hearing with City Council on Order #075—Zoning Ordinance Map Amendment—May 1, 2023 The Board discusses that it has been invited by the City Council to a joint public hearing on Monday, May 1, 2023 at 8 p.m. for Order 4075 at 8 Summit Avenue. Flannery: Motion to establish a joint public hearing with the City Council on May 1, 2023 at 8 p.m. Beckwith seconds. Motion carries (5-0). Wynne discusses that the Board may opt to convene immediately after the joint public hearing instead of waiting to discuss it at the May 23, 2023 regular meeting. Wynne states she will confirm the availability of the conference room. Beckwith discusses that the public hearing for the Family Dollar building is also at 7:30 p.m. on Monday, May 1, 2023. Bartley discusses that the public meeting for Accessory Dwelling Units (ADU) is on Tuesday May 2, 2023. 7:39 p.m.Miller joins by phone. Flannery: Motion to recess. Beckwith seconds. Hutchinson conducts a roll call vote. Motion carries (6-0). Recess for Public Hearings 6. Public Hearing: Special Permit#185-23 and Modification to Site Plan Review #152-21 — 572R Essex Street—Long Hill—The Trustees of Reservations—Proposal for a 500 s.f. maintenance garage located in the R22 Zoning District and the Water Supply Overlay District Wynne reads the legal notice. Josh Hasenfus, Project Manager for the Trustees of Reservations, is present and states that the project is at the Long Hill location and that in the last few years the farmhouse area has been formalized with a parking lot that is functioning well. A glass greenhouse has been added to one of the garages. A lot of storage space has been lost recently so the applicant is requesting a special permit for the garage for the storage of landscaping equipment, not for workshop purposes. Hutchinson discusses that the site is within the Water Supply Overlay District, and asks what assurances the applicant can offer that the equipment and related chemicals will not leak into the ground. Hasenfus states that the garage will be constructed over a poured slab, which, while somewhat porous,is better protection than a gravel floor. Hasenfus states that the applicant will limit the amount of equipment that will be stored there and will keep chemicals and fuels stored in metal safety cabinets. 4 City of Beverly Planning Board April 24,2023 Meeting Minutes Page 5 of 7 Wynne reminds the Board that the Trustees met with the Salem-Beverly Water Supply Board in early February 2023 before applying and that the Salem-Beverly Water Supply Board will impose limits on what the applicant may or may not do in addition to any conditions from the Planning Board. Hasenfus confirms that the Trustees had conversations with the Water Supply Board, and that the biggest concern was that there be no floor drains nor bulk tanks for diesel. Hasenfus emphasizes that this application is for uses that exist already, and that there will be no change of use. Materials added to the record: • Letter from Elizabeth Soule of the Trustees of Reservations dated March 15, 2023 Flannery discusses anticipated items to be stored as listed in the letter from Soule, and that the letter is likely a result of the conversation with the Water Supply Board. Hasenfus emphasizes that chemical use by Trustees staff is minimal, and that most pesticide use such as spraying trees is hired out anyway. Hutchinson asks if the Planning Board can conditionally approve the Special Permit based on the future conditions that the Salem-Beverly Water Supply Board may have. Wynne states that the Planning Board cannot do this. Wynne suggests that a condition of approval be that a letter from the Salem-Beverly Water Supply Board concurring with the Planning Board's decision be provided before the issuance of a building permit. Hasenfus confirms that the Building Permit has already been requested, and states that the equipment that will be stored is already on the property being stored in a different location. Beckwith asks how the equipment will get to the proposed garage as it is not clear on the plans. Hasenfus clarifies that there is an existing gravel pathway to access the site,that it was previously used as a compost site, and that the equipment will be a small tractor and other turf equipment. Beckwith asks about fire protections based on the location of the existing fire hydrant. Hasenfus states that fire extinguishers will be on site and that the site is 220 feet from the closest fire hydrant. Beckwith asks about pesticides and Hasenfus responds that there will be a small amount of pesticides stored in a metal safety cabinet. Hutchinson asks if there has been any communication with abutting property owners. Hasenfus states that there has not been any communication with abutting property owners. Wynne, in her capacity as an abutting property owner herself, states that she has observed the Trustees to be proactive in communicating regular updates to neighbors. Beckwith asks how much cutting of the existing forested area has been performed for this project. Hasenfus states that about eight trees have been removed and no more tree removal is anticipated. David Ekstrom of 16 Hathaway Avenue asks which building is the proposed building and Hasenfus states that it is the dark-colored building and that it is located exactly 34 feet from the nearest property line. Ekstrom states that the Trustees have been good neighbors in the years he has lived in the area, and that he has no objection to the project. Flannery: Motion to close the public hearing. Gomes seconds. Hutchinson conducts a roll call vote. Motion carries (6-0). 8:02 p.m. Miller arrives. 5 City of Beverly Planning Board April 24,2023 Meeting Minutes Page 6 of 7 Beckwith: Motion that the modification be deemed minor in nature. Gomes seconds. Motion carries (6-0). Gomes: Motion to approve the Minor Modification of Site Plan Review#152-21 — 572R Essex Street—Long Hill, applicant The Trustees of Reservations. Bartley seconds. Motion carries (6-0). Beckwith: Motion that the Planning Board grant Special Permit 185-23 Long Hill 572R Essex Street—Long Hill, The Trustees of Reservations, Applicant, with the following findings: • That the specific site is appropriate for the proposed use and that the character of the adjoining use is not adversely affected, • That no factual evidence is found that the value of properties in the area will be adversely affected by such use, • That no undue traffic, nuisance, or unreasonable hazard will result, That adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use, • That there are no valid objections from abutting property owners based on demonstrable fact, • That adequate and appropriate City services are or will be available for the proposed use; • and for projects located in the Water Supply Protection Overlay District, the following two criteria: The proposed use in no way during construction or thereafter adversely affects the existing or potential quality of water that is available in the Water Supply Protection Overlay District and, • The proposed construction has been designed to avoid unnecessary disturbance of the soils, topography, drainage, vegetation and other water-related natural characteristics of the site to be developed. In addition, the Planning Board requires the following conditions to be met: • That the garage structure shall have a cement floor, • That automotive oil to be stored on the site shall be no more than 15 quarts, That diesel and gasoline fuel shall be allowed in proper storage containers up to 20 gallons, • That the items to be stored the garage include hand tools, electric and fuel-powered tools, a small tractor for lawn maintenance and its attachments, • That all combustible materials shall be stored in approved metal safety cabinets, • That the proposed garage shall not be connected to water and, That no discharge will be anticipated from use of the building. 6 City of Beverly Planning Board April 24,2023 Meeting Minutes Page 7 of 7 • Further, that a letter from the Salem-Beverly Water Supply Board concurring with the Planning Board's decision shall be required prior to the issuance of the Building Permit. Gomes seconds. Motion carries (6-0). 7. New or Other Business: a. Upcoming schedule Director Wynne reminds the Board of the Open Meeting Law presentation scheduled for May 6, 2023, and states that it is not required. Flannery discusses its May schedule: a May 1, 2023 joint public hearing at City Hall, a May 2, 2023 optional ADU meeting which is being filmed, and a May 11, 2023 optional Open Meeting Law review. Wynne reminds the Board that the May 23, 2023 regular meeting will be held at City Hill and there will be a special presentation regarding the upgrades to City Hall. Hutchinson discusses that 128 Boulder and Ellingwood will be discussed at the May 23, 2023 meeting, and that there are no other imminent matters thus far. Wynne states that she plans to give a presentation at the May 23, 2023 meeting regarding the Open Space Plan so that the Board can be informed before issuing its letter of support for the Plan. Wynne states that the members will receive a package for review. 8. Adjournment Flannery: Motion to adjourn. Gomes seconds. Motion carries with no opposition. Meeting adjourns at 8:15 p.m. The next regular meeting of the City of Beverly Planning Board is scheduled for Tuesday, May 23,2023. 7