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10.24.23 BPB Minutes Final City of Beverly Planning Board October 24,2023 Meeting Minutes Page 1 of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Planning Board DATE: October 24, 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, Sarah Bartley, George Gomes MEMBERS ABSENT: Rodney Sinclair, Wayne Miller OTHERS PRESENT: Assistant Planning Director Kenneth Clawson RECORDER: Naomi Moca Call to Order Chair Hutchinson calls the meeting to order at 7:04 p.m. 1. Subdivision Approval Not Required Plans: a. 1015-1025 Hale Street—James R. Knudsen and James D. Latham, as Pers. Reps. Of Estate of Donald R. Sohn c/o William Heney, Esq. and Jenifer L. DiCarlo, Esq of Henry &Associates, LLC Wayne Jalbert of Hancock Associates and William Heney of Heney&Associates are present on behalf of James Knudsen and James Latham as personal representatives of the Estate of Donald R. Sohn. Heney summarizes that the property at 1015-1025 Hale Street sits near the border of Manchester- by-the-Sea and has three dwellings on the property with accessory buildings, sheds, and a pool area. The Beverly tax assessor has treated it as two lots until now. The title issue came to light when the property was being prepared for sale. In 1988 an A&R plan showed six lots. Sohn purchased Lot 1, Lot 2, Lot 3, and Lot 4 and they were owned by Sohn's estate at the time of his passing. Lots 5 and 6 were conveyed off in 1988. On July 11, 1998, the applicant received constructive approval for different lots. In the course of researching, the plan was not found; regardless, it was not filed by the six-month deadline. Jalbert states that the current plan is to consolidate the four lots into two lots and create a subdivision. Jalbert points out the boundaries of the four separate lots and the boundaries of the two lots on the site plan. Jalbert presents the plan from 1988 showing the six A&R lots and states that all four lots have confirmed surveyed boundaries and that the frontage area and access requirements have been met. Beckwith asks the frontage measurement and Jalbert states that Lot 3A has 502 feet and Lot 2A has 313 feet of frontage. Jalbert states that the existing driveway falls somewhat within Lot 2A and the new lot line will keep the driveway with 3A with a small easement around it. 1 City of Beverly Planning Board October 24,2023 Meeting Minutes Page 2 of 8 Beckwith: Motion to approve the Subdivision Approval Not Required plan for 1015- 1025 Hale Street. Flannery seconds. Motion carries (6-0). 2. Set public hearings a. Special Permit# 188-23, Site Plan Review#163-23, and Inclusionary Housing Application #26-23-478 Rantoul Street—478 Rantoul Street LLC Flannery: Motion to set the public hearing for Special Permit# 188-23, Site Plan Review #163-23, and Inclusionary Housing Application 926-23-478 Rantoul Street for November 14, 2023. Beckwith seconds. Motion carries (6-0). 3. Approval of the 2024 Planning Board schedule Beckwith: Motion to approve the 2024 Planning Board schedule as presented. Lewis seconds. Motion carries (6-0). 4. Approval of minutes (as available): a. November 15,2022 Flannery: Motion to accept the November 15, 2022, Planning Board meeting minutes as written. Beckwith seconds. Motion carries (6-0). b. December 13,2022 Flannery: Motion to accept the December 13, 2022, Planning Board meeting minutes as written. Beckwith seconds. Motion carries (6-0). Flannery: Motion to recess for public hearings. Beckwith seconds. Motion carries (6-0). Recess for Public Hearings 5. Continued Public Hearing: Definitive Subdivision Plan —63 Sturtevant Street—Symes Permitting and Development LLC a. Application shows an approximate 174-foot extension of Sturtevant Street with a hammerhead turnaround creating three new residential building lots in the R-10 zoning district. Assistant Director Clawson reads the Certification of Evidence Review for Ellen Hutchinson into the record. Materials added to the record: • Certification of Evidence Review for Ellen Hutchinson for the October 3, 2023 Planning Board meeting Jeffrey Rhuda of Symes Associates is present. Bob Griffin of Griffin Engineering is present and summarizes the adjustments to the plan as discussed at the previous meeting: 2 City of Beverly Planning Board October 24,2023 Meeting Minutes Page 3 of 8 (1) Griffin points out the hammerhead turnaround allowance for a fire engine on the site plan and states that the change is an enhancement to the existing street. Clawson states that Fire Department Captain Jake Kreyling approved the plan. (2) Griffin states that the water main flow capacity is 1 Ox the required flow for residential building projects and therefore it exceeds the requirement. Xcel Fire Protection Inc. was hired to conduct the fire hydrant test. The "No Parking" sign was originally located on one side of the hammerhead area and it was moved to the other side so will not be obscured by snow plowing. (3) Griffin states that he consulted with City Engineer Lisa Chandler and determined that it was acceptable to separate the forced main from the neighboring properties and to extend it. (4) The speed of vehicles that was discussed at the previous meeting was discussed with Chandler. Griffin states that Chandler gave a"hard no"to adding a speed hump on Sturtevant Street because vehicles tend to slam the brakes at the speed hump, then hit the gas, and thus the noise of the engine and bouncing vehicle would be disruptive. Chandler further recommended that the developer speak with the City traffic officer regarding enforcement of speed limits and/or other measures such as signs. (5) Griffin states that Rhuda met with the Lot 2 abutters and discussed ways to provide additional privacy screening. Griffin presents a planting plan with seven arborvitaes along the property line, Spreading Juniper for slope stabilization, and Lowbush Blueberry, totaling 58 shrubs and trees. The slope next to the building is reduced from 60 Matthies Street property to prevent erosion. The proposed property's HOA will be responsible for the maintenance of the Lot 2 plantings. Beckwith asks if it is customary for the HOA to be responsible for the lot's landscaping maintenance in situations like this one. Griffin replies yes, and that the HOA documents will restrict the owner of Lot 2 from activities such as clear-cutting the plantings. Rhuda states that the condition can be included in the HOA, and for that matter, any condition determined by the Board may be written into the HOA. Hutchinson expresses gratitude that Symes has been responsive to neighbors' concerns and has demonstrated commitment to work with abutting property owners. Hutchinson asks whether the hammerhead serves as part of the property lines of the three properties. Griffin states that the edge of the pavement is parallel to the lot line and provides access to Lot 2 and vehicle turnaround. Flannery asks Griffin to point out the sidewalk on the site plan on the north side of the street and continues to the end of the property. Hutchinson asks whether the Lot 3 infiltration field is a swale or a covered section of lawn. Griffin states that it is a covered-over section of lawn and is appropriate for the family to use as a backyard. Hutchinson asks whether Chandler had other suggestions for controlling traffic, in addition to recommending the developer having a conversation with the Traffic Officer regarding enforcement. Griffin states that a few options were discussed with Chandler,but none of the measures could reasonably be applied to this area. Griffin states that the developer is happy to implement whatever the Traffic Officer recommends. 3 City of Beverly Planning Board October 24,2023 Meeting Minutes Page 4 of 8 Dan Mascola of 62 Matthies Street is present and expresses his wish to confirm that there are three trees on his property that will be preserved as per his discussion with Symes Development. Jodi Connolly of 60 Matthies Street is present and states that her property abuts Lot 2. She and her husband Patrick Connolly met with Rhuda and Connolly expresses appreciation for Rhuda's efforts to accommodate their requests. Connolly states that the presented landscaping is acceptable and asks which party is responsible for maintaining the landscaping, and by extension,what is the abutting owners' recourse if the landscaping does not establish or the landscaping plan is not complied with. Hutchinson states that if there is an issue in the future, the developer would have likely sold the property, so then it would fall to the owner of Lot 2 to address. Griffin suggests that the conditions be part of the deed for Lot 2 so that they will be permanent. Rhuda states that the developer is amenable to the conditions being added to the deed or the HOA documents,whatever is the pleasure of the Board. Hutchinson suggests that the responsibility falls to the HOA and be a shared expense, resulting in a greater shared responsibility. Griffin states that it makes sense for the Lot 2 owner to have the most responsibility. Griffin points out that the HOA has to submit an annual report to the City and it may be written to require survivorship of the vegetation. Rhuda suggests the condition requires not only the planting and maintenance of trees but also the replacement of dead or dying trees. Ward 1 Councilor Todd Rotondo is present and states that in his experience with subdivisions created before 1980 in Ward 1, HOAs being responsible for the conditions is advisable. Rotondo states that he has helped address situations over the years where neighbors have no recourse, which could have been avoided if there were an HOA. Bill Betts of 57 Matthies Street is present and states that the trees replacing the ones that will be cleared will shield the Connollys and the Mascolas. Betts suggests additional along the properties belonging to the Zarella-Cotes (58 Matthies Street) and the Halles (56 Matthies Street)resulting in the maintenance being the responsibility of all three lot owners. Betts points out that the spacing between the trees being 40 feet is not in line with what the City is doing. Furthermore, if these streets become accepted streets the tree spacing may be impacted. Betts clarifies that he is present to support his neighbors and he is not an abutting property owner. Hutchinson expresses reluctance to place that responsibility on the developer where those particular property owners have not expressed an opinion. Clawson states that there is no requirement. Erin Zarella—Cote of 58 Matthies Street is present and states that she has lived there for 39 years. Zarella-Cote states that she was told that the site of the project was unbuildable. The retaining wall on her property is 15 feet tall, and just required a $10,000 repair. Zarella-Cote asks who will take care of wall repairs if anything were to happen in the course of construction. There will be a loss of privacy on the property. 4 City of Beverly Planning Board October 24,2023 Meeting Minutes Page 5 of 8 Rhuda states that the spacing of the arborvitaes is appropriate to their rapid growth rate and they will fill in to make a visual wall within a few years. Clawson and Griffin agree that this measure meets regulations. Hutchinson asks Griffin for clarification on whether blasting is permitted in case ledge is found that requires blasting. Griffin states that if blasting is needed, it entails hiring a blasting company, conducting a pre-blast survey, and obtaining a permit through the Fire Department, and is overall an elaborate and expensive process. Rhuda expresses his preference not to blast if avoidable. Blasting is a final option only if necessary. Rhuda states that Symes utilizes the best ledge company in the business. Dan Mascola of 62 Matthies expresses hope that no blasting will be needed, but if it is,he asks if the developer will notify neighbors. Rhuda says yes and reassures him that there is a process. Karen Kiley of 61 Sturtevant Street is present and expresses concern about the speed of vehicles in the area. Kiley states that neighbors have put up signs in a grassroots effort to make drivers slow down, which was ineffective, proving that signs do not work. Kiley has lived there her entire life and states that the street being paved will be inviting to drivers. Hutchinson states that the City Engineer is opposed to speed humps. Kiley states that the dirt and potholes slowed down speeding somewhat and now that they will be filled in and paved. Hutchinson suggests that the neighbors meet with the City Traffic Officer. Kiley asks at what point on the street the widening will begin, and whether the additional footage will come from her lawn. Griffin states that the existing pavement line will not change and points out the widening on the site plan. Griffin states that the widening will have no effect on her property and will occur on the side opposite her property. Kiley asks if she will be able to navigate the street during construction to go to doctor's appointments. Griffin states that the contractor will coordinate with neighbors and while they may need to wait 30 seconds to one minute to exit their driveways, they will not be prevented from accessing their properties. Rotondo states that he spoke to Philip Lavoie of 62 Sturtevant Street, who was unable to attend today's meeting. Rotondo states that the Lavoie expressed concern about the grading causing stormwater runoff onto his property and affecting the property adversely. Griffin states that any runoff will be diverted into the catch basin and will not run onto the Lavoie property. Flannery states that traffic management is not within the Board's purview, but asks if the street may be converted to one-way only. Clawson answers that it is deeded as a driveway, so no restriction can be put on it. The 40-foot stretch coming from Elliott Street links into the driveway that connects to Sturtevant Street. Clawson states that it is not deeded to be a through way. Karen Kiley of 60 Sturtevant Street states that the ability to cut through was always there, although there originally was a chain between pillars with a"private way do not enter" sign. Patrick Connolly of 60 Matthies Street asks for clarification on the decision about whether the HOA or the Lot 2 owner is responsible for the landscaping. Hutchinson states that that decision will be made today. 5 City of Beverly Planning Board October 24,2023 Meeting Minutes Page 6 of 8 Bill Betts of 57 Matthies Street asks what decision was made regarding his request for screening tree plantings. Hutchinson clarifies that if the Board were to request that the applicant add trees to the application, the hearing would have to be kept open for the revised plans to be presented at a future meeting. Hutchinson observes that there is a very high retaining wall at 58 Matthies Street and there is already a privacy and stabilization measure in place. Clawson states that there is no requirement to screen between properties. Griffin points out the contours on site map. Beckwith states that the concern about erosion of the slope along the 60 Matthies Street property line is different from the privacy issue in other lots. Beckwith states that in that light, the approach tonight seems to be a reasonable plan and there is no need for trees in other areas. Flannery: Motion to close the public hearing. Beckwith seconds. Motion carries (6-0). The Board discusses the waiver requests: 1) Due to the small project size, the plans are drawn at 1"=20' instead of 1"=40'. 2) No separate drawing with an index. Due to the small project size, a separate index sheet showing the entire subdivision at 1"=100' scale is not provided. 3) Reduce the right-of-way width to 20 feet from 32 feet, and to 40 feet from 50 feet. 4) Eliminate the requirement to map trees greater than six inches in diameter due to the need to remove all trees to allow for the construction in the site's compact area. 5) The length of the dead-end road will now be 975 feet from 800 feet. 6) Hammerhead driveway instead of cul-de-sac due to limited available space. 7) Reduce the drainage easement width to 15 feet wide from 20 feet. 8) Reduce the size of the water main on Sturtevant Street to the hydrant to a six-inch water line from an eight-inch line. 9) Eliminate the seeded grass strip at the sidewalk as there is not enough room because the sidewalk is adjacent to the curb. 10)Sidewalk on one side only instead of two due to space limitations. Hutchinson and Flannery express concern regarding the single sidewalk. Clawson states that under section 375-27E "Where the Beverly Planning Board grants either a partial or full waiver of the requirement for sidewalks, the developer shall contribute funds, in an amount to be determined by the Beverly Public Works Commissioner, which shall equal the cost of the waived portion of sidewalk, into the City's sidewalk fund. These contributions for waived sidewalks shall be used only for sidewalk improvements in the ward in which the subdivision is being proposed. " Clawson comments that Sturtevant Street is an unaccepted street west of 53 Sturtevant Street and that if in the future the City accepts it, since the the subdivision regulations state that a second sidewalk is required, a second sidewalk may be built in as a condition for the Planning Board to recommend acceptance to the City Council. Rhuda states that the developer prefers to install a sidewalk because the City cannot build a sidewalk at the cost that the developer can, and will build it to the measurement dictated by the Board. A discussion occurs between several Board members about the dimensions and the start and end points of the sidewalk. Gomes observes that a pedestrian sidewalk would be helpful but only if it is not just a fragment of a sidewalk. The Board agrees to leave the waiver as is. 6 City of Beverly Planning Board October 24,2023 Meeting Minutes Page 7 of 8 11)Eliminate a street-mounted fire alarm system, which has become antiquated with the use of cell phones, and may cause future maintenance issues for the Fire Department. 12)Clawson states that the Fire Department approved the waiver. The Board discusses the following conditions for approval: 1. The project shall be constructed in accordance with the Definitive Subdivision Plan set entitled: "Definitive Subdivision Plan for 63 Sturtevant Street, Beverly, MA, August 23, Sheets C1-C2 and Sheets C6-C8, and Sheets C3-05 revised 10/24/2023, scale varies, prepared by Griffin Engineering Group, LLC, 495 Cabot Street, Beverly, MA 01915." Said plans are attached hereto and incorporated herein by reference. 2. The project shall also be constructed according to the Planting Plan entitled: Residences, 63 Sturtevant Street, Beverly MA, dated October 17, 2023, sheet PL-1, scale 1"=20', prepared by James K. Emmanuel and Associates, 22 Carlton Road, Marblehead, MA 01945. Said plans are attached hereto and incorporated herein by reference. The plantings proposed in the Planting Plan will be maintained by the future Homeowner's Association for this subdivision. Beckwith comments that this condition provides an entity that is responsible for abutting properties that can be addressed if there is an issue. Hutchinson points out that a shared responsibility by an entity such as an HOA may be more likely to be met. 3. Compliance with any and all conditions set forth in the comment letters from City departments,boards, and commissions,which are attached hereto and incorporated herein by reference. a. Letter from Laura C. DelleChiaie, Health Department, dated 9/29/2023 b) Comments from the City of Beverly Central Square online permitting system including 1. Comments from Scott White, Conservation Field Inspector, dated 9/5/2023 2. Comments from Lisa Chandler, City Engineer, dated 9/29/2023 3. Comments from Jacob Kreyling, Fire Department, dated 9/13/2023 4. Comments from Kenneth Clawson, Planning Department, dated 9/19/2023 4. All ways shown on the above-referenced plans and public utilities required by the Board shall be completed and installed within two (2)years of the date of approval. 5. Pursuant to Section 375-20A of the Beverly Subdivision Regulations, lots shall be prepared and graded in such a manner that the development of one shall not cause detrimental drainage on another,new or existing lot. 6. 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 and generated directly from the electronic AutoCAD files. These drawings shall be delivered prior to the sale/installation of the required water meters. 7. 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 7 City of Beverly Planning Board October 24,2023 Meeting Minutes Page 8 of 8 cover letter referring to the maintenance/inspection records. A report indicating the ongoing maintenance of trees and shrubs, accompanied by photographs of the plantings, shall be submitted by the HOA by September 30 of the calendar year. 8. That the applicant shall make a good faith effort to notify the abutters of the construction schedule as it progresses through the construction of the three building lots and roadwork. 9. The applicant shall adhere to any potential traffic mitigation measures proposed by the traffic sergeant from a pending meeting with Lisa Chandler, City Engineer. Beckwith: Motion to approve the Definitive Subdivision Plan—63 Sturtevant Street— Symes Permitting and Development LLC with the conditions as discussed. Flannery seconds. Flannery comments that she has concerns about traffic mitigation. Motion carries (6-0). Beckwith: Motion to grant the 11 waivers requested by the applicant for the Definitive Subdivision Plan—63 Sturtevant Street— Symes Permitting and Development LLC. Flannery seconds. Motion carries (6-0). Hutchinson expresses gratitude to the members of the public in attendance. 6. New or other business: The Board discusses that several members' commissions will expire at the end of December 2023 and that members may consider renewal or suggesting new members willing to serve. Hutchinson expresses gratitude to the members and comments that the work is important. 7. Adjournment Flannery: Motion to adjourn. Bartley seconds. Motion carries unopposed. Meeting adjourns at 8:45 p.m. The next regular meeting of the Planning Board is scheduled for Tuesday, November 14, 2023. 8