07.18.23 BPB Minutes Final City of Beverly Planning Board
July 18,2023
Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: City of Beverly Planning Board
DATE: July 18, 2023
LOCATION: Hybrid: Beverly City Hall, 191 Cabot Street, 3rd Floor
Council Chambers and Google Meet
MEMBERS PRESENT: Chair Ellen Hutchinson, Vice Chair Derek Beckwith,
Ellen Flannery, George Gomes,Nathaniel Lewis, Rodney
Sinclair(late), Wayne Miller(late)
MEMBERS ABSENT: Sarah Bartley
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 7:02 p.m.
1. Subdivision Approval Not Required (ANR) Plans:
a. 0 Rear Hart Street
Vice President of Conservation Operations Chris Lapointe of Essex County Green Belt and Jeff
Nichols of the Leather Lane Trust are present. Lapointe states that the application is for a 0.4492-
acre parcel that Green Belt owns to be conveyed to the adjacent landowner, the Leather Lane
Trust, creating a 2.8525-acre total parcel, called"Parcel A." Lapointe explains that the reason for
this application is to clarify a 40-year lot line issue and to convey land with the neighbor's barn
to them. Lapointe notes that,while not relevant to today's application, Green Belt is acquiring
additional land in the vicinity from the applicant, so it is a net conservation gain.
Hutchinson discusses that the boundary line is effectively shifting over, adding the square
footage that includes some structures to the owner of the larger parcel. Beckwith discusses that
access to the neighbor's property is not affected by this change, that access to the site will remain
unobstructed, and that Fire Department access will remain unchanged.
Flannery: Motion to endorse the subdivision ANR plan for 0 Rear Hart Street and 22
Leather Lane, Applicant Leather Lane Trust. Beckwith seconds. Motion carries
(5-0).
a. 81X Certificate—Southwest Rantoul Gateway
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Miranda Siemasko of Glovsky and Glovsky is present via Google Meet and states that there was
an ANR plan as part of the approval in November of 2022. Siemasko states that since the closing
on the project is imminent and since the ANR plan is more than six months old, the Registry of
Deeds requires a certificate from the Board stating that there have been no changes in the
intervening period from its endorsement. Siemasko confirms that there have been no changes,
and that the same plan is being presented this evening that was endorsed by the Board in
November.
Siemasko states that the notation can be handwritten on the mylar plan stating that it was
previously endorsed and that the notation should refer to the 81X certificate. The notation will
then be recorded simultaneously with the plan.
Vice Chair Beckwith: Motion to endorse the 81X Certificate for Southwest Rantoul
Gateway. Flannery seconds. Motion carries (5-0).
Flannery: Motion to recess for public hearings. Beckwith seconds. Motion
carries (5-0).
7:15 p.m. Sinclair arrives.
2. Continued Public Hearing: Definitive Subdivision Plan— 119 and 119R Rantoul Street
and 44 and 46 Pleasant Street—Wilso Ventures LLC and Tiny Ventures LLC
a. Application shows a Private Way conforming to the City of Beverly Subdivision
Rules and Regulations intended to accomplish zoning freeze.
Gomes discusses that there is not yet a quorum as Sinclair did not review the recording of the
original hearing and as Lewis was not on the Board at the time of the original hearing.
Flannery: Motion to recess from public hearings. Beckwith seconds. Motion carries (6-
0).
3. Set public hearings,if any:
a. Definitive Subdivision plan: 4-6,8, 10, 12, 14, 16, 18,20 Rantoul Street,26,28,
28R Cabot Street and 7,9 Cox Court—Goldberg Brothers Real Estate LLC
i. Preliminary Plan filed on November 30, 2022
ii. Definitive Plan filed on June 21, 2023
7:20 p.m.Miller arrives.
Flannery: Motion to set the public hearing for the August 15, 2023 meeting. Gomes
seconds. Miller abstains. Motion carries (6-0-1).
b. Definitive Subdivision Plan—7, 11,29 Rantoul Street,34,42, 42 Y2, 44 Cabot
Street, 8 School Street—Goldberg Brothers Real Estate LLC
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i. Preliminary Plan filed on November 30, 2022
ii. Definitive Plan filed on June 21, 2023
Beckwith: Motion to set the public hearing for the August 15, 2023 meeting. Flannery
seconds. Motion carries (7-0).
c. Definitive Subdivision Plan—240, 246, 248 Cabot Street— GFP 1 Real Estate
LLC
i. Preliminary Plan filed on November 29, 2022
ii. Definitive Plan filed on June 21, 2023
Flannery: Motion to set the public hearing for the August 15, 2023 meeting. Beckwith
seconds. Motion carries (7-0).
Flannery: Motion to recess for public hearings. Beckwith seconds. Motion carries (7-0).
4. Continued Public Hearing: Definitive Subdivision Plan— 119 and 119R Rantoul Street
and 44 and 46 Pleasant Street—Wilso Ventures LLC and Tiny Ventures LLC
a. Application shows a Private Way conforming to the City of Beverly Subdivision
Rules and Regulations intended to accomplish zoning freeze.
Bob Griffin of Griffin Engineering is present on behalf of the applicant and confirms with the
Board that there is now there is a quorum with the arrivals of Sinclair and Miller. Griffin states
that the LLCs are now back in good standing. Griffin states that the property owners provided a
clarifying document stating that Christopher Crowley, the manager and representative of the two
LLCs, is filing on behalf of the property owners. Hutchinson discusses that the City Solicitor
found that the approvals are retroactive now that the LLCs are back in good standing.
Griffin summarizes the Definitive Subdivision Plan, the purpose of which is to freeze the
previous zoning, and states that Crowley has no plan to actually build the subdivision. Griffin
reviews the layout of the proposed plan, which is essentially identical to the previous plan.
Hutchinson states for the benefit of the members of the audience that the purpose of the
Definitive Subdivision Plan is to freeze the zoning. Filing this plan is part of the steps required
by law to freeze the zoning and the applicant has confirmed repeatedly that there is no plan to
follow through with building the project. Beckwith states that this is a by-right plan. Beckwith
also discusses that the plan now includes 44-46 Pleasant Street. Griffin states that 44-46 Pleasant
Street is included in this plan to make the road geometry work and that there is no change to the
previously approved Site Plan Review for 119 Rantoul Street.
Maryann Ford of 36 Pleasant Street asks if the plan is to knock down 44-46 Pleasant Street and
the answer is no. Hutchinson explains that earlier this year(2023), the City changed its zoning,
and in order to preserve the zoning that was in existence before the zoning was changed, it is
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required by law to take certain steps, including obtaining approval for the Definitive Subdivision
Plan. Hutchinson and Griffin confirm that there will be no changes to Pleasant Street.
Susan Riley of 38 Pleasant Street asks why the plan states "razing of 44—46 Pleasant Street."
Griffin explains that the 44-46 Pleasant Street structures are where the road on the plan exits out
to Pleasant Street. In order to draw a plan, Griffin needed to hypothetically remove those
structures for the purpose of accomplishing the zoning freeze.
Hutchinson discusses that the hypothetical removal of the structures is for the purpose of making
the plan's road dimensions comply with City guidelines. Beckwith elaborates that it is only
possible to deny an application if it is in violation of a guideline or law. Riley asks how the site
will be accessed if and when the previously approved Site Plan Review is constructed and
Beckwith replies that the driveway to the property is off Rantoul Street and leads to an
underground garage under the proposed apartment building.
Sinclair asks how the process of a zoning freeze came about for the benefit of the public.
Hutchinson states that the Board is doing its best to try to educate the public on the zoning freeze
process but the law is complicated. Director Wynne states that State enabling legislation has
been on the books for decades and that she infers that its intent is to protect private property
rights when cities and towns change their zoning.
Ford asks if the meeting will be documented with minutes for members of the public to refer to.
The Board explains that the recording will be posted on the BevCam Government YouTube
channel, and that minutes are posted to the City website. Ford asks what specific area the plan's
zone freeze entails. Hutchinson states that it is for the specific properties that the plan entails, in
this case,that includes 44-46 Pleasant Street for this Definitive Subdivision Plan.
A resident of Pleasant Street asks what specific aspects of the previous zoning the applicant
wants to preserve by applying for this approval. Griffin states that Crowley put time and
resources into the plan that was approved last Fall and that Crowley does not want any zoning
change undertaken by the City before he has the opportunity to erect the building that was
approved. The zoning freeze ensures that he has six or seven years to do that. The resident of
Pleasant Street asks if zoning can be unfrozen and Hutchinson states that Griffin and Crowley
have given assurances that there is no plan to build this project. Hutchinson discusses that the
level of detail of the plan is required by law in order to freeze the zoning, and furthermore, this
plan is not the first of these types of plans to come before the Board for other developers who
have the same purpose.
Riley asks if there is any possibility under any circumstance that the Board would approve
tearing down the two buildings to make a road as part of this project. Hutchinson explains that it
is a moot point and also speculative because there is no desire on the part of Crowley to take
those buildings down. Furthermore, Crowley already has a plan approved for this building; he
wants to make sure it is permitted to build in accordance with the previous zoning regulations.
Griffin observes that this project will be a poor use of the lot.
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Ford asks if this assurance is in writing, and whether there are legalities that can enforce what is
being said. Griffin states that the Planning Board decision and the Definitive Site Plan will be
recorded at the Registry of Deeds. Hutchinson discusses that its hands are tied as the plan meets
every regulation and zoning requirement, and it is a by-right, waiver-less plan, and thus there are
no legal grounds to deny it. Sinclair discusses that if the project were to move forward, the
project could in theory be built. Sinclair discusses that the demolishing of 44-46 Pleasant Street
would require permitting and if the buildings are over 50 years old, they would be evaluated by
the Historic District Commission. Ford asks what ultimately will be built at 119 Rantoul Street
and Griffin replies that the Site Plan Review that was approved last fall shows the Meineke
building on the site being razed and a 50-60 unit apartment building being built. Ford then asks
if this plan will raze 44-46 Pleasant Street and Griffin replies that the approved plan does not
include 44-46 Pleasant Street.
Flannery: Motion to close the public hearing. Second by Gomes. Motion carries 5-0-2
(Sinclair and Lewis abstain)
Gomes: Motion to approve the Definitive Subdivision Plan, address 119 and 119R
Rantoul Street and 44 and 46 Pleasant Street, applicant Wilso Ventures LLC,
Tiny Ventures LLC, 44 Group LLC, and 46 Group LLC. Flannery seconds.
Motion carries 5-0-2 (Sinclair and Lewis abstain)
5. Public hearing: Definitive Subdivisions Plan-Trask Lane—Trustees of Folly Hill
Associates Trust
a. Definitive subdivision plan for Trask Lane originally filed on March 23, 2017 and
approved by the City of Beverly Planning Board on July 18, 2017. The Planning
Board's decision that was rendered on July 18, 2017 was vacated by the State of
Massachusetts Land Court on May 20, 2021 and remanded back to the City of
Beverly Planning Board for further proceedings.
Prior to opening the public hearing, Miranda Siemasko of Glovsky and Glovsky is present via
Google Meet on behalf of the Trustees of the property, Abbott Reeve and Stanley Reeve.
Siemasko states that this matter was scheduled for a public hearing by the Planning Board in
order to check on the status of the ongoing Definitive Plan, which has been the subject of many
previous proceedings with this Planning Board and also with the Land Court. The public hearing
was scheduled without the property owner having an actual request before the Planning Board
for any modification to the pending Definitive Plan, and since the public hearing was scheduled,
the owners and their representatives have submitted to the Planning Board a request for the
public hearing to be continued in order to give the owners and their prospective purchasers time
to submit a real plan for the Planning Board's consideration. Siemasko clarifies by"real plan"
she means that the buyer may modify it to reflect their concept for potential redevelopment of
this property. Siemasko states that at this time the buyer is still in the process of due diligence.
The owner is not sure of the prospective buyer's vision for this property nor whether the
Definitive Subdivision Plan that the Planning Board has seen previously would fit with that
vision.
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Siemasko requests the continuance with a date certain, suggested to be October 31, 2023, by
which to file a plan with a new development in mind,with the hope that the new plan will have
fewer waivers than the current plan before the Planning Board.
Hutchinson discusses that the request is reasonable. Siemasko and Hutchinson agree that a date
certain of the end of November for the plan, with the date certain of the December 19, 2023
Planning Board meeting for the agenda item to be discussed, is acceptable. Gomes discusses the
history of this matter, which started almost seven years prior, and that in the past two years there
has been no new plan. Hutchinson discusses that the case was remanded back to the Board from
the Land Court, and that tonight the plan was to deal with the waivers. Hutchinson discusses that
tonight Siemasko approached the Board to request sufficient time for a potential new buyer to
submit a solid plan. By continuing the matter, the Board allows the new purchaser to file a new
plan by the end of November, and may thus avoid further litigation. Hutchinson discusses that
what is different from the past is that there is a date certain for the new plan.
Flannery: Motion to continue the public hearing for the Definitive Subdivision Plan at
Trask Lane, Applicant Trustees of Folly Hill Associates Trust to the
December 19, 2023 meeting. Beckwith seconds. Motion carries (5-2)
(Gomes, Lewis against).
Siemasko expresses gratitude to the Board. Hutchinson explains to the member of the public that
the Land Court had concerns about the Board's authority to deny waivers, and there was some
concern on the part of Siemasko that the Board did not have the authority to move forward and
act on the Definitive Subdivision Plan. Tonight, Siemasko indicated that there is a potential new
purchaser that would like the opportunity to present a better, more comprehensive plan that
requires fewer waivers. The prior plan requested 10 or 11 waivers. The continuance tonight is a
step to avoid further litigation and to get a better plan before the Board for review in a timely
manner. Hutchinson explains that if the applicant does not submit a new plan by the November
30, 2023 deadline, the Board will review the plan that is before them now.
Hutchinson discusses that the activity that is going on at the site is part of the process of due
diligence of the new purchaser. Due to concerns that have been raised with the City about the
amount of activity, inspectors are going to the site tomorrow.
Flannery: Motion to reconvene the regular meeting. Gomes seconds. Motion carries (7-0).
Reconvene Meeting
6. Preliminary Subdivision Plan Reviews:
a. 63 Sturtevant Street—Symes Development& Permitting LLC
i. Application shows a 175-foot long extension of Sturtevant Street as a Private
Way with a hammerhead turnaround that will create three new buildable
parcels in the R-10 zoning district.
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Bob Griffin of Griffin Engineering and Jeffery Rhuda of Symes Associates are present. Griffin
states that City Councilor Rotondo arranged a neighborhood meeting yesterday. Griffin states
that Symes has been building developments in Beverly since 1986. Griffin presents the plan
which is on a one-acre parcel at the end of Sturtevant Street. Griffin points out the Beverly Golf
and Tennis Club, the Cummings Center, and Elliott Street on the map. Griffin states that the
conversation with the neighbors yesterday for about an hour was helpful. Griffin states that the
site is almost entirely wooded with the exception of the driveway. Griffin points out a paper
street, Greystone Avenue, and clarifies no work will take place there. A number of test pits were
dug on the property to a depth of five to eight feet, and the project will likely not disturb any
ledge. Griffin states that the sewer lines will be extended.
Griffin explains that the site is in the R10 zoning area,that the frontage exceeds the requirement,
that the houses are accessed by a hammerhead driveway, that the driveway has a very generous
turnaround area and emergency vehicle access, that each house will have a connection to the
sewer system, and that there will be a hydrant. The electric utility will be extended to the houses,
and roof runoff will be diverted to a dry well with two catch basins leading to an infiltration
field.
Griffin lists the waivers requested: locating all trees on the site plan that are six inches in caliper
at four feet of height, a 40-foot wide right of way instead of the required 50-foot, an extension of
the dead end an additional 175 feet, a hammerhead turn area instead of a 100-foot diameter cul-
de-sac, 15-foot wide utility easements instead of 20-foot utility easements, an extension of the
existing six-inch water main instead of the required eight-inch water main, no sidewalks,
bituminous concrete curbing instead of granite curbing, no street lights,no street trees, and no
fire alarm system.
Beckwith discusses that the public meeting discussion was positive overall on the matter of
relieving congestion of delivery trucks, but is concerned when streets continue to get narrower.
Griffin states that at its narrowest, the street will be 20 feet wide and that there is no curbing.
Griffin points out that there is no garbage truck access for a few of the current residences,
making it necessary for the residents to stage their barrels in one designated site on the street.
This project will provide a strip for garbage staging which will relieve the collection of lingering
trash cans. Beckwith discusses that the hammerhead is larger than standard. Griffin points on the
plan that it makes it a better design based on the location of one of the proposed driveways.
Beckwith asks if there is any street lighting on Sturtevant Street and Griffin replies that there are.
Flannery asks if street lighting and sidewalks were discussed at the neighborhood meeting and
the response from Rhuda was that the residents expressed concern about the preschool-related
traffi c.
Hutchinson discusses the paving of the hammerhead driveway and asks what is planned within
the larger boundaries of the hammerhead. Griffin points out on the plan the part is paved and the
part that is lawn. Hutchinson expresses a concern that the points of hammerhead driveways tend
to be used as additional parking spaces. Hutchinson inquires about the size of the proposed
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homes. Rhuda replies that the houses shown on the plans are modest in size and will be finalized
at the building permit stage of the project. Beckwith expresses concerns about traffic flow in the
neighborhood and the tendency of the preschoolers' parents to drive at excessive speeds. Miller
asks if there will be gas hookup to the residences and Rhuda replies that everything will be
electric. Rhuda states that solar as a source of energy is not economically feasible for the
project. Hutchinson asks about the waiver for the length of a dead end street and Grifin explains
that the distance goes back to the intersection with Echo Ave. Hutchinson asks about a phrase in
the requested waivers that says approvals can deed egress to Elliott Street and Griffin replies that
there is an existing driveway easement that crosses the proposed site for an existing homeowner
to access Sturtevant Street and that he hopes that the future homeowners would leave their
properties via Sturtevant Street. Hutchinson discusses that waiving sidewalks and street lights is
a safety concern and Griffin and Rhuda agree to revisit the issue. Griffin states that Captain Jake
Kreyling of the Fire Department requested the auto-turn drawings of the driveway for him to
evaluate the diagram and that Griffin will provide them to Kreyling and the Board. Flannery
states that granite curbing is preferable, that Kreyling will likely request signage, that there is
plenty of room for snow storage, and that the hammerhead turnaround's size may be reduced by
lawn.
The Board discusses that approval of a Preliminary Subdivision Plan is not required, but that it is
possible to make recommendations after reviewing the plan. Wynne clarifies that a vote is not
required and that the Board is making recommendations to be incorporated into a Definitive
Subdivision Plan. The Board summarizes the recommendations for review for the applicant
which are: the lack of sidewalks, the material of the curb, the lack of street lights,the speed of
traffic from Echo Avenue, and signage within the hammerhead turnaround.
7. Approval of Minutes (as available):
a. January 18,2023
The members review and offer edits to the January 18, 2023 draft meeting minutes. The item is
continued to the August 15, 2023 meeting.
b. May 23,2023
The members review and offer edits to the May 23, 2023 draft meeting minutes.
Flannery: Motion to accept the May 23, 2023 meeting minutes as amended. Beckwith
seconds. Motion carries (7-0).
c. New or other business:
1. November 2023 meeting date
Flannery: Motion to set the meeting for November 14, 2023. Beckwith seconds. Motion
carries (7-0).
2. City Council public hearing September 5, 2023
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The Board discusses that the City Council set a joint public hearing for September 5, 2023 at
8:00 P.M.
3. Welcome new member Nathaniel Lewis
Lewis introduces himself to the Board.
d. Adjournment
Flannery: Motion to adjourn. Beckwith seconds. Motion carries unopposed.
Meeting adjourns at 9:00 p.m.
The next regular meeting of the Planning Board is scheduled for Tuesday, August 15, 2023.
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