08.15.23 BPB Minutes Final City of Beverly Planning Board
August 15,2023
Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: City of Beverly Planning Board
DATE: August 15, 2023
LOCATION: Beverly City Hall, 191 Cabot Street, 3rd Floor Council
Chambers
MEMBERS PRESENT: Chair Ellen Hutchinson, Vice Chair Derek Beckwith,
Ellen Flannery,Nathaniel Lewis, Wayne Miller, Sarah
Bartley
MEMBERS ABSENT: George Gomes, Rodney Sinclair
OTHERS PRESENT: 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. There are none.
2. Modification Request: Site Plan Review #156-22-26,28,28R Cabot Street and 4-6, 8
Rantoul Street- Southwest Rantoul Gateway, LLC and Procopio Companies
Miranda Siemasko of Glovsky and Glovsky and Civil engineer Scott Cameron of the Cameron
Group are present. Siemasko states that the property was sold to an entity affiliated with
Procopio Companies on July 26, 2023. Siemasko states that the first minor modification
proposed is a reduction in the number of parking spaces in the parking garage from 43 to a total
of 42 to allow for easier maneuvering. This step resulted in one of the two-bedroom units being
reduced to a one-bedroom to remain compliant with parking and traffic guidelines. Siemasko
shares the parking site plan and the floor plan that will be affected. The second minor
modification is the elimination of one generator resulting in the border of the building being
straightened out as it no longer needs to accommodate a generator. Siemasko requests that the
Board vote that these are minor modifications and vote to approve the changes.
Hutchinson discusses the difference between a minor and a major modification and the steps for
each for the benefit of the public and the new Board member,Nate Lewis. Beckwith asks if the
unit being modified is a designated affordable housing unit and Siemasko replies that it is not.
Beckwith then asks why the parking area was deemed not able to accommodate the approved
number of spaces by the contractor. Siemasko states that Planning Boards approve conceptual
plans with as much detail as possible and items like mechanical rooms are not finalized. Miller
asks about the change in the generator and that the elimination of the second generator is a
welcome change because there will no longer be a generator on the street.
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Vice Chair Beckwith: Motion to deem the modification to Site Plan Review#156-22-26, 28,
28R Cabot Street and 4-6, 8 Rantoul Street- Southwest Rantoul
Gateway, LLC and Procopio Companies a minor modification.
Flannery seconds. Motion carries (6-0).
Beckwith: Motion to approve the minor modification for Site Plan Review#156-
22-26, 28, 28R Cabot Street and 4-6, 8 Rantoul Street- Southwest
Rantoul Gateway, LLC and Procopio Companies. Flannery seconds.
Motion carries (6-0).
Flannery: Motion to recess for public hearings. Beckwith seconds. Motion
carries (6-0).
Recess for Public Hearings
3. Public Hearing: 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
Assistant Director Clawson reads the public notice. Miranda Siemasko of Glovsky and Glovsky
is present on behalf of the applicant and gives an overview of the provision in the Zoning Act
allowing property owners to protect their property rights from anticipated and/or actual zoning
changes, called a Zoning Freeze and a Definitive Plan Freeze. It requires that the owner file a
Preliminary Plan prior to the effective date of the zoning change and a Definitive Plan within
seven months of the Preliminary Plan, and provided that it is approved by the Board, it
effectively freezes the zoning eight years from the date of the approval. The legislation allows
this provision because it protects owners' rights, and potentially preserves the property's value.
Siemasko emphasizes that none of the owners plan to actually build the buildings that are
detailed on the Definitive Subdivision Plan. The site is of the former Beverly National Bank
building that houses classes for Montserrat College of Art among other things. The owners are
improving the building currently, demonstrating that they are invested in it and that there is no
intention of tearing it down.
Scott Cameron of the Cameron Group is present and states that this plan is a"desktop exercise"
and will never be built in actuality. Cameron shares the Definitive Plan with the Board and
summarizes the stormwater management plan, utility plan, and landscaping plan. The site is a
little under one acre in size. Cameron states that the applicant is asking for the following waivers
from Article 3:
• Section 375-13: A waiver is requested to allow the Locus Plan to be presented at a scale
of 1"=300' when 1"=800' is required.
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• Section 375-13.B.15: A waiver is requested to allow one benchmark when there are two
required.
• Section 375-13.B.15 & 20: A waiver is requested to omit existing soil conditions and
high groundwater level. Test pits have not yet been conducted.
• Section 375-13.B.16: A waiver is requested to allow contours to be shown at one-foot
intervals when two-foot intervals are required.
• Section 375-13.F: A waiver is requested to waive the submission of soil survey and
percolation tests. The NRCS soil survey is provided.
Beckwith discusses that the applicant is getting value from this process and thus takes exception
to the applicant asking for waivers to avoid the expense of water quality and soil tests, especially
in light of the value of this downtown property. Cameron counters that the process of these steps
consumes resources and disturbs soil. Siemasko clarifies that the applicant would have to go
before the Board again with any plan other than the one being discussed today; the waivers being
requested are for this particular plan only. As this plan is not going to be built, the waivers save
time and resources.
Flannery: Motion to close the public hearing for Definitive Subdivision Plan—240,
246, 248 Cabot Street—GFP 1 Real Estate LLC. Miller seconds. Motion
carries (6-0).
Beckwith: Motion that in the matter of the Definitive Subdivision Plan -240, 246, 248
Cabot Street—GFP 1 Real Estate LLC, the Board approve the following
waivers requested in Article 3:
1. Section 375-13: allow the Locus Plan to be presented at a scale of
1"=300' when 1"=800' is required.
2. Section 375-13.B.15: allow one benchmark when there are two required.
3. Section 375-13.B.15 & 20: omit existing soil conditions and high
groundwater level.
4. Section 375-13.B.16: allow contours to be shown at one-foot intervals
when two-foot intervals are required.
5. Section 375-13.F: waive the submission of soil survey and percolation
tests.
Flannery seconds. Motion carries (6-0).
Beckwith: Motion that the Board approve the Definitive Subdivision Plan application
for 240, 246, 248 Cabot Street—GFP 1 Real Estate LLC. Flannery seconds.
Motion carries (6-0).
4. Public Hearing: Definitive Subdivision Plan—7, 11,29 Rantoul Street,34,42,42 1/z,44
Cabot Street, 8 School Street—Goldberg Brothers Real Estate LLC
i. Preliminary Plan filed on November 30, 2022
ii. Definitive Plan filed on June 21, 2023
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Clawson reads the public notice. Miranda Siemasko of Glovsky and Glovsky is present on behalf
of the applicant and states that the plan is only for the purpose of freezing the zoning. Siemasko
summarizes that the site comprises a triangular area owned by Goldberg Brothers Real Estate
LLC. Siemasko states that while it is not relevant to the existing residential properties, it was
logical to put all of their contiguous properties onto a single plan.
Siemasko states that the plan is compliant and the same waivers are being requested as with the
previous item in today's meeting. Siemasko states that the applicant is working on the buildings
on the site to improve them currently, demonstrating that there is no intention to build this plan.
If there were, the applicant would have to come before the Board again.
Scott Cameron of the Cameron Group is present and states that the plan creates a subdivision
road with frontage entirely on that road. Cameron shares the site plan with the Board and
summarizes the stormwater management plan, utility plan, and landscaping plan. Cameron
emphasizes that this exercise is for freezing the zoning and that there is no chance that this will
be built. Cameron states that the applicant is asking for the following waivers from Article 3:
• Section 375-13: A waiver is requested to allow the Locus Plan to be presented at a scale
of 1"=300' when 1"=800' is required.
• Section 375-13.B.15: A waiver is requested to allow one benchmark when there are two
required.
• Section 375-13.B.15 & 20: A waiver is requested to omit existing soil conditions and
high groundwater level. Test pits have not yet been conducted.
• Section 375-13.B.16: A waiver is requested to allow contours to be shown at one-foot
intervals when two-foot intervals are required.
• Section 375-13.F: A waiver is requested to waive the submission of soil survey and
percolation tests. The NRCS soil survey is provided.
Miller asks if there will be any modifications to the building under this application and notes that
it has a large black roof. Cameron replies that the building is not being modified and if any
changes were to be made to the building it would be handled with a Site Plan Review
application. Hutchinson asks Siemasko about what she meant by the word imminent when
Siemasko stated that there is no imminent plan to do any of this work. Siemasko states that there
was no intention behind her word choice and that there are no future plans at this time.
Hutchinson discusses that the Residential Multifamily District(RMD)table should be a table for
the Residential Multifamily District(RHD).
Karen Stahle of 10 Boyden Avenue asks about parking with regard to the location being in
Downtown and whether solar panels are being considered for the project. Hutchinson explains
that solar panels generally do not get discussed at this point, as the purpose of the plan is to
freeze the zoning, and there is no actual plan to build it. It makes no financial sense to build out
the plan that is being discussed this evening; it only serves as a necessary formality to freeze the
zoning. Clawson clarifies that there is no parking on the plan.
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Flannery: Motion to close the public hearing for the Definitive Subdivision Plan at 7,
11, 29 Rantoul Street, 34, 42, 42 1/2, 44 Cabot Street, 8 School Street—
Goldberg Brothers Real Estate LLC. Beckwith seconds. Motion carries (6-0.
Beckwith: Motion that in the matter of 7, 11, 29 Rantoul Street, 34, 42, 42 1/z, 44 Cabot
Street, 8 School Street—Goldberg Brothers Real Estate LLC the Board
approve the following waivers requested in Article 3:
6. Section 375-13: allow the Locus Plan to be presented at a scale of
1"=300' when 1"=800' is required.
7. Section 375-13.B.15: allow one benchmark when there are two required.
8. Section 375-13.B.15 & 20: omit existing soil conditions and high
groundwater level.
9. Section 375-13.B.16: allow contours to be shown at one-foot intervals
when two-foot intervals are required.
10. Section 375-13.F: waive the submission of soil survey and percolation
tests.
Flannery seconds. Motion carries (6-0).
Beckwith: Motion that the Board approve the Definitive Subdivision Plan application
for 7, 11, 29 Rantoul Street, 34, 42, 42 1/z, 44 Cabot Street, 8 School Street—
Goldberg Brothers Real Estate LLC, on the condition that the Fire
Department subdivision rules apply to the plan, and on the condition that the
zoning matrix be corrected to Residential Multifamily District(RHD)by the
applicant and reflected in an updated plan. Flannery seconds. Motion carries
(6-0).
5. Public Hearing: 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
Clawson reads the public notice. Miranda Siemasko of Glovsky and Glovsky is present on
behalf of the applicant and summarizes that the plan covers the property that was the subject of
the Board's site plan review in December of 2022. It was imperative at that time that the zoning
be frozen under that site plan review because the applicant had not yet pulled a building permit
when the zoning change was effective. Siemasko states that the plan is creating three lots with
one of the lots having frontage on the proposed subdivision road. The applicant found that it
makes sense to include their contiguous properties in the plan. Siemasko states that the applicant
plans to build the project that was approved by the Board in December of 2022, not the
hypothetical plan on today's agenda.
Scott Cameron of the Cameron Group is present and shares the site plan with the Board and
summarizes the stormwater management plan, utility plan, and landscaping plan. Cameron states
that the applicant is asking for the following waivers from Article 3:
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• Section 375-13: A waiver is requested to allow the Locus Plan to be presented at a scale
of 1"=300' when 1"=800' is required.
• Section 375-13.B.15: A waiver is requested to allow one benchmark when there are two
required.
• Section 375-13.B.15 & 20: A waiver is requested to omit existing soil conditions and
high groundwater level. Test pits have not yet been conducted.
• Section 375-13.B.16: A waiver is requested to allow contours to be shown at one-foot
intervals when two-foot intervals are required.
• Section 375-13.F: A waiver is requested to waive the submission of soil survey and
percolation tests. The NRCS soil survey is provided.
Beckwith discusses that the Board approved the minor modification on the project on this same
property earlier in this meeting, that there is no anticipated groundbreaking date for the Gateway
project but it is likely to happen in fall 2023, and that the building permit has made its way
through City Hall. Beckwith discusses that it will freeze the zoning for the properties that are not
part of the project but are encompassed by it; specifically, 94 through 96, #8, #10, #12, #14, #16,
#18, and#20 Rantoul Street.
Owner of Al's Bait and Tackle Steve Lotito of 24 Cabot Street expresses concern about the
parking next to the retaining wall potentially being eliminated. Siemasko states that this plan is
not going to be built. Lotito states that he has observed unfulfilled promises with other projects
in the area, citing an 18-wheeler parked for three hours on Goat Hill Lane in front of his property
in the past week, and times when there has been no police traffic detail. Cameron clarifies that in
the actual project that will be built,the street parking in front of#7 Cox Court will remain. Lotito
states concern that the hypothetical plan eliminates parking spaces. Clawson clarifies that there
is an approved site plan and that this plan is to freeze the zoning in order to construct the
approved site plan.
Flannery: Motion to close the public hearing for the Definitive Subdivision Plan at 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. Beckwith seconds. Motion
carries (6-0).
Beckwith discusses that the Definitive Subdivision Plan process can be a laborious and
frustrating process,but it is allowed by law.
Beckwith: Motion that in the matter of the Definitive Subdivision Plan for 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, the Board approve the following waivers
requested in Article 3:
11. Section 375-13: allow the Locus Plan to be presented at a scale of 1"=300'
when 1"=800' is required.
12. Section 375-13.B.15: allow one benchmark when there are two required.
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13. Section 375-13.B.15 & 20: omit existing soil conditions and high
groundwater level.
14. Section 375-13.B.16: allow contours to be shown at one-foot intervals
when two-foot intervals are required.
15. Section 375-13.F: waive the submission of soil survey and percolation
tests.
Flannery seconds. Motion carries (6-0).
Beckwith: Motion that the Board approve the Definitive Subdivision Plan for 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, on the condition that the Fire
Department subdivision rules apply to the plan. Flannery seconds. Motion
carries (6-0).
Flannery: Motion to reconvene the regular meeting. Beckwith seconds. Motion carries (6-
0).
Reconvene Meeting
6. New or other business:
Hutchinson discusses that the joint public hearing is Tuesday, September 5, 2023 at 8 p.m.
regarding Accessory Dwelling Units and other matters, and the next regular Board meeting is
Tuesday, September 12, 2023. The following Board meeting dates will be Tuesday, October 3,
2023 and Tuesday, October 24, 2023.
7. Adopt Fiscal Year 2023 Fee in lieu of Affordable Housing Units —update of Table 1 per
Chapter 315 Inclusionary Housing Regulations
Clawson discusses that there have not been any fee applications for some time and the
calculation is based on the last three years' fees. The fee for Fiscal Year 2024 will be voted on in
October 2023. Hutchinson discusses that developers are required to provide units of affordable
housing or they may apply to pay a fee in lieu of developing affordable housing units. The
application may be approved by the Board if there is sufficient affordable housing in the area
already, and the fee monies go into the Affordable Housing Trust. Clawson discusses that the
most recent fee approval was in 2020.
Flannery: Motion to adopt the fee in lieu of Affordable Housing units as presented for
2023. Beckwith seconds. Motion carries (6-0).
Hutchinson discusses that the fee is calculated using a percentage of the median sale price of the
surrounding neighborhood as defined by the Assessors Office.
8. New or other business:
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Bartley and Flannery discuss the optimal way to make the minutes available to the members to
review prior to meetings.
Hutchinson and Beckwith discuss possibly retiring from the Tuesday, September 5, 2023 public
hearing after the Accessory Dwelling Unit item is discussed, possibly leaving the public hearing
open, and the deadline for closing the public hearing.
9. Adjournment
Lewis: Motion to adjourn. Flannery seconds. Motion carries unopposed.
Meeting adjourns at 8:27 p.m.
The next regular meeting of the Planning Board is scheduled for Tuesday, September 12,
2023.
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