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07.18.23 BPB Minutes Final City of Beverly Planning Board July 18,2023 Meeting Minutes Page 1 of 9 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 1 City of Beverly Planning Board July 18,2023 Meeting Minutes Page 2 of 9 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 2 City of Beverly Planning Board July 18,2023 Meeting Minutes Page 3 of 9 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 3 City of Beverly Planning Board July 18,2023 Meeting Minutes Page 4 of 9 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. 4 City of Beverly Planning Board July 18,2023 Meeting Minutes Page 5 of 9 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. 5 City of Beverly Planning Board July 18,2023 Meeting Minutes Page 6 of 9 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. 6 City of Beverly Planning Board July 18,2023 Meeting Minutes Page 7 of 9 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 7 City of Beverly Planning Board July 18,2023 Meeting Minutes Page 8 of 9 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 8 City of Beverly Planning Board July 18, 2023 Meeting Minutes Page 9 of 9 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. 9