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2024-3-19 Planning Board meeting minutes FINAL City of Beverly Planning Board March 19,2024 Meeting Minutes Page 1 of 14 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Planning Board DATE: March 19, 2024 LOCATION: Beverly City Hall, 191 Cabot Street, 3rd Floor Council Chambers MEMBERS PRESENT: Chair Ellen Hutchinson, Vice Chair Derek Beckwith, Ellen Flannery,Nathaniel Lewis, Sarah Bartley, George Gomes, Wayne Miller MEMBERS ABSENT: OTHERS PRESENT: Assistant Planning Director Kenneth 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. 32 Grover Street— Skomurski Development LLC, c/o Alexander& Femino, One School St., Beverly MA 01915 Tom Alexander of Alexander and Femino is present on behalf of the applicant and states that the ANR proposal is in an R15 zone, requiring 15,000 square feet of area and 125 feet of frontage. The frontage falls on two streets: Lot 2 has 150 feet on Grover Street, and Lot 1 has 125 feet on Patti Road. These public streets have been in existence for at least 50 years and provide access to multiple other houses. The lots are flat, thus access from the street is relatively straightforward. Alexander notes that the existing barn will be removed or moved to Lot 2. Flannery: Motion to endorse the SANR plan for 32 Grover Street, having met the criteria. Beckwith seconds. Motion carries (7-0). Flannery: Motion to recess for public hearings. Beckwith seconds. Motion carries (7-0). Recess for Public Hearings 2. Continued Public Hearing: Site Plan review #163-23, Special Permit#188-23, and Inclusionary Housing Application #26-23 —and new Public Hearing relative to Special Permit#188-23 -478 Rantoul Street—478 Rantoul Street LLC a. Proposed mixed-use development located at 478 Rantoul Street which includes 37 one-bedroom residential units with an additional two residential units and one ground-floor commercial unit in the existing three-unit residential structure. A Special Permit is being requested for a reduction in the number of required parking spaces and a reduction in the required parking aisle width. The Special Permit application has been revised to also include a request for a multifamily dwelling, 1 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 2 of 14 apartment house, or mixed-use building that does not meet the standards specified in Section 2300-40B(3) of the City of Beverly Zoning Ordinance. Five units will be restricted as affordable housing for households earning less than 60% of the Area Median Income. Tom Alexander of Alexander and Femino is present on behalf of the applicant and summarizes that there is an existing three-family structure that will renovated into a two-residential unit property with a 500-foot commercial space on the first floor. There will be 37 one-bedroom units in the new building at the rear of the property. Alexander states that the plan has been reviewed by several departments and Committees or Boards in the City including Parking and Traffic and the Design Review Board, both of which recommended that the Board approve this revised plan. Alexander states that the plan has been reworked as input has been received on the plan over the course of the approval process. Applicant Vincent Orlando, Brendan Pyburn of Bobrek Engineering, Dan Ricciarelli of Seger Architects, and traffic engineer Bill Lyons of Fort Hill Companies are present. Pyburn summarizes the site modifications: 1)fire safety has been revised as a result of notes from the Fire Department on proper ambulance access to the site, 2)the single entry/exit aisle on the site has been widened to 20 feet to accommodate better turning radius and ease of access to and from the property, and 3)the applicant has worked with the Conservation Commission to capture and manage all stormwater on site. Pyburn shows the curb-to-curb surface restoration that the Engineering Department requested. Pyburn shares the site plan and states that it meets all comments from the Health Department and the Parking and Traffic Commission. Gomes asks how the aisle widening was achieved and Pyburn states that the design was reworked to remove the external stair from the adjacent side of the existing building. Pyburn states this change does not impact parking nor impact the mode of egress from the building. Hutchinson clarifies that the applicant requested a Special Permit for two parking spaces on site, as there are 37 parking spaces on-site and a 38th space on Rantoul Street. Hutchinson observes that human nature shows that vehicles will park alongside that building, effectively reducing the aisle width. It is private property, so vehicles parking there is not a police matter, and there is nothing preventing vehicles from parking there. Pyburn states that signage may be beneficial in that area, and it will be regularly used by the same people (with some resident turnover)who will become accustomed to it. Hutchinson counters that the site is already short on spaces and parking is tight in that area, so residents of the area may be opportunistic in using any parking they can find. Hutchinson states that she observes there are often vehicles parked to the side of the building. Lyons states that the standard vehicle width is 7 feet, so the 20-foot aisle leaves 13 feet of clearance. Lyons refers to his experience in Somerville where the fire ordinance describes spaces as a fire lane, resulting in an immediate tow. Hutchinson expresses concern about car fluids leaking through the pervious pavers in the parking spaces in the 25-foot no-disturb zone and Pybum states that the Conservation Commission has approved the plan. Orlando states that a retaining wall to the right of the area will also direct spillage away. There are six spaces along 2 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 3 of 14 that area and the design complies with the strict stormwater measures of the Conservation Commission. Hutchinson asks whether the property will be graded as it is relatively steep. Pybum states that the entrance has a maximum slope of 10%,then the slope starts to level off in the rear area. Fine grading will need to occur to make sure the site is ADA-accessible. Miller states that he has advocated for pervious paving many times before, as he is of the opinion that pervious pavers are a good idea, and notes that electric cars do not leak fluids. Hutchinson points out that not all residents would necessarily have EVs and Miller states that the parking could be permitted for only EV spaces. Hutchinson states that would likely create even more of a parking crunch in that neighborhood and Miller concedes that is true. Beckwith asks what the resolution to the matter of the loading zone was. Alexander states that the Building Inspector indicated that if the space is used for office purposes,waiving the requirement for a loading zone could be handled by way of a condition. Clawson reads Section 300-60 of the zoning ordinance regarding loading zones and explains that the Building Inspector can waive it only on the recommendation of the Board. Alexander points out that it is a 500- square-foot office space, which is relatively small and will not require loading. Beckwith states that his office has multiple deliveries without a loading zone as there is only on-street parking, and it often becomes a problem for the area. Alexander states that the application is requesting the condition that the unit only be used as an office, and is requesting that the loading zone be waived. Ricciarelli states that all the Fire Department requirements have been met: 1)the building is fully sprinklered, 2) a standpipe at the street to charge the system has been provided, 3) a hydrant on site has been added, 4)the medical emergency vehicle turning radius has been addressed, and 5) the fire lane behind CVS will be maintained and will remain a fire lane. Ricciarelli states that the application was revised to incorporate suggestions from the Design Review Board such as coloring, siding, and landscape plantings. Ricciarelli emphasizes that the existing house will be renovated. The applicant incorporated sustainable measures such as groundwater recharge and, to the greatest extent possible, utilized locally sourced or recycled materials. Included in the project are high-efficiency appliances, an in-house recycling area on the second floor, inset balconies to help with high summer sun intrusion, low-maintenance materials, sun-reflective roofing, and water-saving plumbing fixtures. Flannery asks where the dumpster is located on site and Ricciarelli points it out on the site plan. Miller expresses appreciation for the attention paid to sustainability and states that he hopes the applicant finds measures cost-effective and appealing to the market. Lyons states that he is the traffic engineer for the project and summarizes the changes made to enhance accessibility to the site for emergency purposes. The applicant worked closely with the Fire Department to satisfy all the concerns. Lyons points out that 13 feet is the minimum standard aisle width for a two-way residential drive in Cambridge and Somerville. Hutchinson refers to the letter from the Fire Department dated November 1, 2023, that stated the design did not provide emergency vehicle access to the property and asks if there is access to Fire 3 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 4 of 14 Department vehicles now. Lyons states that since the issuance of that letter, the applicant has demonstrated that behind the CVS there is access to the site with aerial apparatus to the satisfaction of the Fire Department. Alexander summarizes that the project is in an advantageous location near public transportation and that the applicant has proven the site to be adequate for the project. Alexander reviews the ways the project meets the criteria for a Special Permit: 1) It is an appropriate location for the proposed use because it is zoned for this use (multi-family and commercial), and the character of the adjoining uses may be enhanced. 2) It will not negatively affect housing values in the area. The existing house will be improved and will maintain the streetscape. 3)No undue traffic or nuisance will result as proven by the fact that the Parking and Traffic Commission approved the application. 4)All the required code and public safety requirements have been adhered to in order to ensure adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use. 5) There are no valid objections from abutting property owners nor from any residents of the City, and there is one letter from an abutter in favor of the project. 6) Adequate and appropriate City services are or will be available for the proposed use. Materials added to the record: • Letter dated March 19, 2024, from George Skalkus of 490 Rantoul Street endorsing the development Alexander states that the project is an example of the review process that has resulted in an improved project due to the input and suggestions of many departments such as the Engineering Department, Fire Department, Board of Health, Design Review Board, and Parking and Traffic Commission. The result is a project that complies with all of their suggestions. Alexander states that creating 37 additional housing units within walking distance of the train depot and bus stops is a significant project, especially in light of the housing crisis in the State. Alexander states that it is not a perfect project, but it is a good project. Hutchinson asks if the applicant is seeking a Special Permit for parking and Alexander answers yes. Hutchinson asks if the applicant is seeking a Special Permit for the aisle width and Alexander answers yes, under the same Special Permit application. Hutchinson asks if the applicant is seeking a Special Permit for not having commercial space in the new building and for the Inclusionary Housing application and Alexander answers yes. Clawson clarifies that the Special Permit for the parking requires a super-majority vote and the Special Permit for the building requires a simple majority vote. The Inclusionary Housing application is not part of the Special Permit. Orlando states that he started working with Ricciarelli two years ago and recalls that the project was originally going to remove the existing building, but they later decided to keep it to preserve the history and aesthetic. Orlando states the project has gone before 12 public meetings and he requests the Board's consideration for the project. Orlando states he believes it will contribute positively to the neighborhood. 4 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 5 of 14 Nick Ross of 8 Garfield Avenue states that he has lived in Beverly his entire life and having spoken with friends and his girlfriend,he believes the project is fantastic and a home run architecturally and location-wise. Ross states that he supports this project. Alexander requests that the public hearing remain open during deliberations so the applicant's team can respond and a continuance, depending on how the deliberations go. Hutchinson states that closing the public hearing precedes the Board's deliberation and decision. Alexander requests to re-open the public hearing after the deliberations. Hutchinson states that the applicant has attended 12 public meetings and followed the standard process leading to these deliberations, so she is not inclined to re-open the hearing after the deliberations. Alexander states that if anything of value comes up in the deliberations, the applicant's team would like the chance to respond. Hutchinson states that is not standard procedure. Clawson clarifies that it is up to the Chair's discretion to recognize parties to speak outside of the public hearing. Miller states that he is happy to hear from the applicant, but he does not see a need to leave the public hearing open nor promise to re-open it. Alexander states that the deliberation may lead to suggestions for a design change. Hutchinson states that if there were any suggestion, it would have come up during this hearing today. Miller adds that when Alexander asks if the Board has further comments or questions and there are none, it is because the Board has no further comments or questions. Beckwith states that the scale of the project compared to the space it is on requiring Special Permits or waivers for items such as the aisle width and parking are his main concerns. Beckwith states he thinks that the solution is for the scale of the project to fit into the site, and while he understands Alexander's comment about good versus perfect but he remains concerned about safety. Beckwith: Motion to close the hearing. Miller seconds. Motion carries (7-0). The Board discusses the order of deliberation such as Site Plan Review, Special Permits, and Inclusionary Housing. The Board discusses that a single Special Permit is needed for parking space relief and aisle width. The requirement is for a minimum of 42 spaces, and the project provides 40, one of which is on Rantoul Street, and the other 39 are on site. A waiver is needed for two parking spaces. Gomes: Motion to approve Special Permit 4188-23, applicant 478 Rantoul Street, LLC. Lewis seconds. The Board discusses how many spaces are designated for the office unit, during what hours, and how the arrangement may affect parking. Clawson clarifies that the requirement is for one space per 250 square feet of commercial space, and the project is proposing one of those spaces to be on-street. Hutchinson expresses concern that parking is already strained in the neighborhood and this project will likely increase the strain. Hutchinson expresses concern about the aisle width and the likelihood of vehicles parking next to the existing house. Alexander states that the entry is a driveway,not an aisle, and Clawson states that the City considers it an aisle. Alexander states that two other projects approved by this Board were based 5 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 6 of 14 on the definition of an aisle as something that goes between buildings, like an aisle in a church, so this entry is not considered an aisle. Hutchinson states that it remains a concern regardless. Miller asks if it is possible to add a condition that will preclude that concern such as red lines and signage stating that violators will be towed. Alexander states that the applicant is open to posting signage and striping. Hutchinson states that she believes that whoever is living there is going to park there and that she has observed parked vehicles extended into the entryway. Bartley states that if she were towed once, she would never park there again. Bartley states that vehicles are going to have to change their patterns and expresses surprise that neighbors have not voiced concerns. The Board clarifies that there are 37 parking spaces for 37 new units. For the existing house, there is one parking space for the one-bedroom unit,two spaces for the commercial unit, and two parking spaces for the two-bedroom unit, bringing the total required to 42. There are 39 parking spaces on site and one space on Rantoul Street, hence the request for the Special Permit for a reduction of two spaces. Gomes states that he believes people should be driving less and this parking lot may encourage less driving. Gomes points out that City rules have been changed to be more closely aligned with other communities and he researched Salem's requirements. Alexander asks if he may get a sense of the Board, as it impacts the future of the project. Hutchinson states that she is not in favor of a straw vote, and while it has been done by this Board in other instances, it was done begrudgingly. Beckwith states that while how he plans to vote is not a secret,taking a straw vote puts undue pressure on the members. If it were good policy, then it would be policy to have a preliminary vote before the final vote. Beckwith states he feels it is not appropriate in this matter and Miller states that he agrees. Alexander requests to hear from members who have not spoken and Hutchinson states that it may pressure members. Alexander requests to withdraw without prejudice. Gomes: Motion to withdraw the motion on Special Permit 9188-23, applicant 478 Rantoul Street, LLC_ Flannery seconds. Motion carries (7-0). Gomes: Motion to allow the applicant to withdraw the applications for the Site Plan Review,the two Special Permits, and the Inclusionary Housing application without prejudice. Flannery seconds. Motion carries (5-2). Beckwith and Hutchinson against. Bartley states that clarification of what Alexander is requesting may be beneficial for members of the public. Alexander states that he intended to request to withdraw the Site Plan Review,the two Special Permits, and the Inclusionary Housing application without prejudice. Gomes states 6 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 7 of 14 that he withdrew his motion for the Special Permit. Alexander states that there is a statute stating the applicant cannot make a substantially similar application within two years on the same property, and the term "substantially similar"is subjective. Alexander and the Board discuss that this project may be impacted by the fact that there is not a full Board, as there are currently two vacant seats. 3. Continued Public Hearing: Modified Definitive Subdivision Plan—Trask Lane Extension —0 Trask Lane—Abbott L. Reeve and J. Stanley Reeve, Trustees of Folly Hill Associates a. Modified Definitive Subdivision Plan for 0 Trask Lane originally filed on March 23, 2018, 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. Miranda Siemasko of Glovsky and Glovsky is present on behalf of the applicant and states that this is a continuation of the public hearing from the January 17, 2024 meeting. Siemasko shares the Modified Definitive Subdivision Plan which includes two single family homes for the purpose of achieving a zoning freeze and states that it is more procedure than substantive and that the development is not proposed to be built. Siemasko states that soil testing along the gravel roadway was completed in January 2024 after obtaining the Conservation Commission's approval. The applicant has responded to written comments from the Planning and Engineering Departments over the course of two meetings and the City Engineer sent a subsequent memo stating that all comments have been addressed. Siemasko states that the applicant submitted a revised plan after the last meeting addressing comments to the satisfaction of Engineering, Planning, and the Board of Health. The modifications and corrections did not result in design changes of note and the road has not changed location. Siemasko states that today the applicant is amending the request for waivers from section 375- 13B.(4), the requirement to show on the plan trees six inches in caliper measured four feet above the ground, as it is a densely wooded site. Secondly, the applicant is seeking a waiver for the requirement to show fire alarm systems as it is outdated and is no longer typically included in subdivision plans. Clawson notes that Captain Jake Kreyling stated they are not necessary any longer. Third,the applicant is seeking a waiver for the design requirement to include tangents between the reverse curves on the extension of the road. Siemasko explains that the road is partially already in existence, there are utilities in that layout, and it extends and meets the prior Trask Lane, so it is an unreasonable redesign requirement. Miller asks with regard to Section 375-13B.(4), if it is possible to make the requirement 48 inches instead of six inches or to locate trees of significant size, and Siemasko answers that the site is 76 acres so that would create a big project to gather information that is not pertinent to this application. Beckwith asks whether a waiver is still in effect and Siemasko answers that when an actual development comes before the Board, the Board can request information in the course of Site Plan Review and can identify which areas of trees are germane to that decision. Siemasko 7 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 8 of 14 also observes that the Conservation Commission will have jurisdiction and can require that information as well. Gomes asks for more information about the City Engineer's comments dated March 15, 2024, regarding sewer capacity. Siemasko states that City Engineer Lisa Chandler was concerned that sewer capacity may not be sufficient for a development that is greater than the two single-family homes before the Board today. Siemasko agrees that it is reasonable to add a condition on any larger, future development for a flow test to confirm that the sewer capacity is adequate. Siemasko states that the Health Department made a recommendation for a sidewalk and bike lane, and the plan includes a sidewalk on one side and a planting strip on the other side. Siemasko suggests the recommendation is more geared to a future development than this one, and any future development will be subject to comment and Site Plan Review by the Board. The comments recommend adequate street lighting, and the plan shows streetlights at the same spacing as the existing lights. Siemasko states that the applicant objects to the recommendations in comments 14 and 15 of the January 8, 2024, Board of Health letter. Siemasko states that the applicant is asking for an extension of the time to complete the process from two years to four years. The applicant anticipates a long Site Plan Review process, and it is not practical to rush building a subdivision road within two years while the project is being permitted. Flannery: Motion to close the public hearing on the Modified Definitive Subdivision Plan —Trask Lane Extension—0 Trask Lane—Abbott L. Reeve and J. Stanley Reeve, Trustees of Folly Hill Associates. Beckwith seconds. Motion carries (7- 0). Beckwith: Motion to approve the Modified Definitive Subdivision Plan—Trask Lane Extension—0 Trask Lane submitted by Abbott L. Reeve and J. Stanley Reeve, Trustees of Folly Hill Associates Trust with the following conditions: 1. The project shall be constructed in accordance with the Plans set entitled: Revised Definitive Plan, Trask Lane, Beverly, Mass., January 12, 2017, revised February 9, 2024,prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, Mass., 01880 prepared for Folly Hill Associates Ltd Partnership, P.O. Box 1595, Manchester, MA 01944, 8 sheets, scale varies. 2. Subject to compliance with the conditions contained in the comment letter from the Board of Health dated January 8, 2024, which is attached hereto and incorporated herein by reference. 8 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 9 of 14 3. That the applicant shall perform a flow study on the downstream sewer main that could provide information on the system's capacity if and when future development on the site occurs. 4. That the Definitive Subdivision Plan contains the RSD zoning district 200' buffer in which no new structure or roadway can be constructed. 5. All ways shown on the above-referenced plans and public utilities required by the Board shall be completed and installed within four(4) years of the date of approval. 6. Pursuant to Section 375-20A of the Beverly Subdivision Regulations, lots shall be prepared and graded in such a manner that development of one shall not cause detrimental drainage on another, new or existing lot. 7. The Engineering Department requires the delivery of AutoCAD "as- built" drawings upon completion of the building and utility work. These drawings shall also be delivered in .pdf format generated directly from the electronic AutoCAD files. These drawings shall be delivered prior to the sale/installation of the required water meters. 8. All Stormwater Management maintenance and inspection records shall be submitted to the City of Beverly Engineering and Planning Departments (1) one time, annually due by December 31 of the calendar year in which the maintenance/inspection was performed. These records shall include, but may not be limited to works performed on bio detention basins, catch basins, and sweeping. An account of any deficiencies/repairs shall be summarized in a cover letter referring to the maintenance/inspection records. Flannery seconds. Hutchinson asks for clarification that condition 98 above refers to annual inspection. The Board discusses that the vote on the waivers will occur separately. Motion carries (7-0). Beckwith: Motion to approve the following waivers for the Modified Definitive Subdivision Plan—Trask Lane Extension—0 Trask Lane submitted by Abbott L. Reeve and J. Stanley Reeve, Trustees of Folly Hill Associates Trust: 1. Section 375-13.(B)4 waiver from the requirement that trees greater than 6- inch caliper need to be shown as the site is significantly wooded. 2. Section 375-14.(B)3 waiver from the requirement to include tangents to reverse curbs on the proposed extension of Trask Lane. 3. Section 375-13.(B)21 waiver from the requirement for street-mounted fire alarm systems as cell phones are now ubiquitous. Flannery seconds. Motion carries (7-0). 9 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 10 of 14 4. Public Hearing: Site Plan Review #164-24 and Special Permit#190-23 —397 Cabot Street —Janick Company, LLC c/o Alexander and Femino 1 School Street, Beverly, MA 01915 a. Special Plan Review for new construction of over 1,000 square feet of a two-family residential structure in the CN Zone. Special Permit for deviations from the parking design requirements in the City of Beverly Zoning Ordinance associated with the construction of a proposed two-family residential structure located at 397 Cabot Street. Clawson reads the legal notice. Tom Alexander of Alexander and Femino is present and summarizes that the lot is almost entirely covered by an existing commercial building so there is no parking on site. When the intersection at Gloucester Crossing was redesigned, all commercial parking was eliminated and the building has been vacant for over 10 years. The plan is to build a two-family residential townhouse-style duplex with two-bedroom units, requiring a total of four parking spaces. Parking lot design requirements apply. Approval was obtained from the ZBA and today the applicant is requesting approval for the design of the parking lot. Clawson states also requires Site Plan Review because it is located in a CN district and a new building more than 1,000 square feet is being constructed. Alexander states that the Parking and Traffic Commission and Design Review Board recommended approval. The DRB's input resulted in a more attractive design. The Site plan review requires a simple majority vote, and the Special Permit requires a super-majority vote. Gomes states that the Engineering comment mentions stormwater management and Engineer George Zambouras states that the applicant will do test pits in the course of the demolition of the building. Clawson clarifies that the Engineering Department approved the application with conditions. Miller asks when the dry-cleaning business was opened and if there are any concerns about toxic materials. Alexander states that he believes toxic materials have already been addressed. The Board discusses the comments from the Parking and Traffic Commission, which addresses projects at 397 Cabot Street and 386 Cabot Street. The Board discusses that it is a highly signalized intersection and that none of the conditions from the Parking and Traffic Commission to the Zoning Board of Appeals affect 397 Cabot Street, but instead are intended for the property at 386 Cabot Street. Clawson states that the Board can refer the project back to the Parking and Traffic Commission if it deems it necessary as the Parking and Traffic Commission reviewed the project along with 386 Cabot Street for the Zoning Board of Appeals application. Flannery: Motion to close the hearing. Beckwith seconds. Motion carries (7-0). Gomes: Motion to approve Special Permit 190-23 —397 Cabot Street—Janick Company, LLC c/o Alexander and Femino 1 School Street, Beverly, MA 01915, making the following findings: 10 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 11 of 14 1. That the specific site is an appropriate location for the proposed use, and that the character of adjoining uses will not be adversely affected. 2. That no factual evidence is found that property values in the district will be adversely affected by such use. 3. That no undue traffic and no nuisance or unreasonable hazard will result. 4. That adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use. 5. That there are no valid objections from abutting property owners based on demonstrable fact. 6. That adequate and appropriate City services are or will be available for the proposed use. Beckwith seconds. Motion carries (7-0). Gomes: Motion to approve Site Plan Review#164-24—397 Cabot Street—Janick Company, LLC c/o Alexander and Femino 1 School Street, Beverly,MA 01915 with the following conditions: 1. The project shall be constructed in accordance with the Plans set entitled: Site Plan, 397 Cabot Street, Beverly,Massachusetts, January 25, 2024, prepared by George J. Zambouras, P.E., 17 Noble Hill Road, Beverly, MA 01915, prepared for Janick Company, LLC, 10 Vernon Street, Stoneham, MA 02180, 2 sheets, scale 1" =20' 2. Subject to compliance with the conditions contained in the comment letters submitted by the various Department Heads, Boards, and Commissions, which are attached hereto and incorporated herein by reference: • Letter dated March 12, 2024 from Jared Contrada, Associate Planner on behalf of the Design Review Board • Letter dated March 14, 2024 from Lisa A. Chandler,P.E., City Engineer 3. Any changes made in any plans, proposals, and supporting documents approved and endorsed by the Planning Board without the written approval of the Planning Board, shall require submission of a modification request to the Planning Board for review and approval and shall include a description of the proposed modification, reasons the modification is necessary and supporting documentation. The Planning Department shall determine the course of review. 4. The terms, conditions, restrictions and/or requirements of this decision shall be binding on the Owner and its successors and/or assigns. In the event of the transfer of the site as a whole,within five (5) days of such 11 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 12 of 14 transfer, the Owner shall notify the Board in writing of the new owner's name and address. 5. Refuse removal, ground maintenance, and snow removal shall be the responsibility of the Applicant. 6. As-built Plans, stamped by a Registered Professional Engineer, shall be submitted to the Beverly Planning Department and City Engineer, prior to the issuance of the Certificate of Occupancy. The As-Built plans shall be submitted to the City Engineer in an electronic file format suitable for the City's use and approved by the City Engineer, prior to the issuance of the Certificate of Occupancy. 7. To the extent that construction work has been completed sufficient for a Certificate of Occupancy to be issued for a portion of the Project or the Project in its entirety,but that the As-Built plans have not yet been fully completed (for said portion of the Project or the Project in its entirety), the applicant may provide a performance bond or surety in an amount and form subject to approval of the Planning Department to ensure that the As-Built Plans are completed within a reasonable timeframe. 8. The Applicant shall be responsible for maintenance of the stormwater management system. In the event that the Applicant,its successors, or agent fails to maintain the stormwater management system in accordance with the operation and maintenance plan (Stormwater System Inspection and Maintenance Schedule) as shown on the above- referenced plan, the City may conduct such emergency maintenance or repairs, and the Applicant shall permit entry onto the Property to implement the measures set forth in such guidelines. In the event the City conducts such maintenance or repairs, the Applicant shall promptly reimburse the City for all reasonable expenses associated therewith; if the Applicant fails to so reimburse the City, the City may place a lien on the property to secure such payment. 9. Violations of any condition shall result in revocation of this permit by the Planning Board, unless the violation of such condition is waived by a majority vote of the Planning Board. Gomes amends condition #2 to note the project is subject to compliance with the conditions contained in the comment letters submitted by the various department heads, boards, and commissions which are attached hereto and incorporated herein by reference, subject to the conditions delineated by the Parking and Traffic Commission. The Board discusses and notes that the conditions of the Parking and Traffic Commission have been incorporated into the modified design. 12 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 13 of 14 Gomes withdraws his amendment. Flannery seconds. Motion carries (7-0). Flannery: Motion to reconvene the regular meeting. Beckwith seconds. Motion carries (7-0). Reconvene meeting 5. Modification to Inclusionary Housing Application 925-23: 8 Enon Street—HKL Realty & 8 Enon Street LLC a. Reconfiguration of the interior of the property to now include nine one-bedroom apartments and four two-bedroom apartments. Conor Walsh of Glovsky and Glovsky is present on behalf of the applicant, who is seeking a minor modification to the application. Walsh states that the applicant has reconfigured the original design to include nine one-bedroom apartments and four two-bedroom apartments, where originally there were nine one-bedroom apartment and four studio units. Gomes asks how the design was altered to make space for the changes and Walsh states that the commercial space was reduced in scale. Flannery: Motion to grant the modification to Inclusionary Housing Application 425-23: 8 Enon Street—HKL Realty& 8 Enon Street LLC as presented. Beckwith seconds. Motion carries (7-0). 6. Request for bond reduction—OSRD Side Plan#120-17 &Definitive Subdivision Plan— 20, 30, & 40 Webster Ave aka"Hickory Hill Way"—Benco, LLC There is no one present on behalf of the applicant. Clawson states that the City wondered why the applicant opted for the bond reduction instead of just finishing the project as it is nearly complete. Because of this, the City has recommended leaving a substantial sum in the bond to ensure that the applicant completes the project. Hutchinson states that she is not in favor of reducing the bond when no one is present on behalf of the applicant, who is relying on Clawson to advocate for them in this matter. Flannery asks who the applicant is and Clawson answers that it is Gary Patch. Flannery: Motion to approve the bond reduction for OSRD Side Plan 9120-17 & Definitive Subdivision Plan—20, 30, & 40 Webster Ave aka"Hickory Hill Way"—Benco, LLC from $146,000 to $50,000. Beckwith seconds. Motion carries (6-1). Hutchinson against. 7. Election of 2024 Chairperson and Vice-Chairperson 13 City of Beverly Planning Board March 19,2024 Meeting Minutes Page 14 of 14 Flannery nominates Hutchinson for Chair of the 2024 Planning Board. Miller seconds. Flannery: Motion to close nominations. Gomes seconds. Motion carries (7-0). Miller expresses gratitude to Hutchinson. Flannery: Motion to elect Hutchinson as Chair of the 2024 Planning Board. Gomes seconds. Motion carries (6-0). Hutchinson abstains. Flannery nominates Beckwith for Vice Chair of the 2024 Planning Board. Hutchinson seconds. Flannery: Motion to close nominations. Gomes seconds. Motion carries (7-0). Flannery: Motion to elect Beckwith as Vice Chair of the 2024 Planning Board. Gomes seconds. Motion carries (6-0). Beckwith abstains. 8. Approval of minutes (as available): a. March 29,2023 The members review and offer edits to the March 29, 2023 draft meeting minutes. Beckwith: Motion to accept the March 29, 2023, Planning Board meeting minutes as amended. Miller seconds. Motion carries (7-0). b. April 24,2023 The members review and offer edits to the April 24, 2023 draft meeting minutes. Beckwith: Motion to accept the April 24, 2023, Planning Board meeting minutes as amended. Lewis seconds. Motion carries (7-0). Adjournment Flannery: Motion to adjourn. Bartley seconds. Motion carries unopposed. Meeting adjourns at 10:13 p.m. The next regular meeting of the Planning Board is scheduled for Tuesday, April 9, 2024. 14