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08.15.23 BPB Minutes Final City of Beverly Planning Board August 15,2023 Meeting Minutes Page 1 of 8 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. 1 City of Beverly Planning Board August 15,2023 Meeting Minutes Page 2 of 8 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. 2 City of Beverly Planning Board August 15,2023 Meeting Minutes Page 3 of 8 • 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 3 City of Beverly Planning Board August 15,2023 Meeting Minutes Page 4 of 8 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. 4 City of Beverly Planning Board August 15,2023 Meeting Minutes Page 5 of 8 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: 5 City of Beverly Planning Board August 15,2023 Meeting Minutes Page 6 of 8 • 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. 6 City of Beverly Planning Board August 15,2023 Meeting Minutes Page 7 of 8 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: 7 City of Beverly Planning Board August 15,2023 Meeting Minutes Page 8 of 8 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. 8