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BPB 5-21-24 City of Beverly Planning Board May 21,2024 Meeting Minutes Page 1 of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR City of Beverly Planning Board COMMISSION: DATE: May 21, 2024 LOCATION: Beverly City Hall, 191 Cabot Street, 3`d Floor Council Chambers MEMBERS PRESENT: Chair Ellen Hutchinson, Vice Chair Derek Beckwith, Ellen Flannery, Sarah Bartley, George Gomes, Nathaniel Lewis, Wayne Miller MEMBERS ABSENT: OTHERS PRESENT: Assistant Director of Planning Kenneth Clawson RECORDER: Naomi Moca Call to Order Chair Hutchinson calls the meeting to order at 7:05 p.m. and reads the public notice regarding holding meetings in a hybrid model. 1. Subdivision Approval Not Required Plans There are no Subdivision ANR Plans. Recess for Public Hearings Beckwith: Motion to recess for public hearings. Flannery seconds. Motion carries (7-0). 2. Continued Public Hearing: Site Plan review#165-24 - 50 Balch Street (181 Elliott Street)—Beverly Commerce Park, LLP a. Construct a five-story, 53-unit, subsidized elderly housing building within the Cummings Center. Assistant Director Clawson reads the certification for missed meetings from Lewis and Miller. Mike Schlaeger of Allen Engineering is present, and Michael Aveni, Alexis Foley, and Steve Drohosky of Cummings Properties are also present. Aveni summarizes the progress of the project thus far, saying that the Design Review Board(DRB) held a Special Meeting on May 16, 2024 to review the most recent updates to the plan. Aveni expresses gratitude to the DRB for holding a Special Meeting in order to enable the applicant to present at today's meeting. Aveni presents the most recent updates to the project plan, including landscaping changes, shifting some parking spaces, grading of the entrance and exit aisles, and connecting individual sections of sidewalk to provide pedestrian access continuity. The applicant received a comment letter from the Department of Engineering dated today, May 21, 2024, requesting clarification on the shaded area obscuring the drainage. Beckwith asks about tapping into the fire main and Aveni answers that there will probably be no need to dig into the street. Aveni says that the Chair of the DRB is a landscape architect by profession and the applicant implemented nearly every change that was suggested. The DRB suggested lowering the height of the light poles and the 1 City of Beverly Planning Board May 21,2024 Meeting Minutes Page 2 of S applicant agreed. Aveni shares architectural renderings of the project including the most recent changes. Aveni shares the illustrations of the Shadow Study that was conducted and explains that on the darkest day of each year, December 21, a single neighboring house will be within the shadow cast by the project at 9:00 a.m. While there is a limited shadow on the neighboring house, it is for a somewhat short duration each day and will impact the house from November to January each winter season. Miller comments that the shadow's impact is related to the residents' lifestyle as well as the time of year. Drohosky comments that 100 Cummings Center is 65 feet high and already casts shadow on the house. Beckwith asks about the eight Affordable Housing units, and Drohosky says that the applicant has consulted with Harborlight Homes for guidance and that the units are intended to be managed in conjunction with the Cummings Foundation, the details of which have yet to be determined. Beckwith, Clawson, and Hutchinson discuss that designating Affordable Housing units is a requirement of the zoning, and Drohosky agrees. Beckwith comments on the appearance of the building in relation to the streetscape of the surrounding area. Aveni says that many iterations of the project were considered, such as making the structure wider and shorter, and this design optimizes all the different considerations. Drohosky points out that right now the site is a parking lot where equipment is parked, and this landscaping and building will be an enhancement. Miller asks how the design of the building integrates with Beverly Middle School and Aveni says that the applicant does not anticipate many or even any middle school-aged residents living in the building. Miller asks if the roof is solar ready, and Aveni answers that 45% of the area of the roof has the structural capability to support solar. Aveni adds that the way the building will be powered has yet to be fully determined. Lewis says that this additional housing on Balch Street will add to its neighborly atmosphere and lend an inviting feel to the property. Beckwith says that he is not concerned with whether the project is better than the paved parking lot, but rather whether the project improves the area. Beckwith asks what the design is for the dumpster and Aveni says that the applicant received the Health Department comments today, and while they have not had time to review it, the applicant intends to comply with all items in the letter. Aveni says that the applicant is working through the specifics of the water line volume with the Fire Department. Drohosky says that the project will add a rumble strip in the drive aisle to help guide vehicles and that the drive aisle will close at 9:00 p.m. each night. The applicant has offered to plant shrubs to block headlights shining into the neighboring house. The applicant has worked closely with Martin and Meg Scrivener of 43 Balch Street, who have expressed gratitude and believe that the project will be an overall improvement to the area. Drohosky says that based on the traffic studies, the east entrance is anticipated to be the most heavily used entrance. Hutchinson asks about the Engineering Department's comment letter dated today, May 21, 2024, that the project is "insufficient as proposed" and"lacking critical 2 City of Beverly Planning Board May 21, 2024 Meeting Minutes Page 3 of S detail."Aveni says that the applicant addressed all the comments from the first letter dated April 24, 2024. Aveni says the applicant has scheduled the setup of the CCTV over the drain line, has corrected the shading drafting issue, and expresses the applicant's intention to comply with configuring the fire suppression line and the water demand fee. Aveni reviews the new Engineering comments and says the applicant has either complied with or intends to comply with each item. Hutchinson and Miller comment that they rely on experts such as the Engineering Department to provide guidance and input, as it is not their area of expertise. Clawson reads the email dated May 21, 2024 from City Engineer Lisa Chandler into the record. Aveni says that the issues mentioned by the Engineering Department are relatively easy to fix, the applicant intends to work with the Engineering Department on all unresolved items, and that conditional approval by this Board could be a solution. Hutchinson expresses misgivings about conditional approvals. Miller asks why the original items were not resolved, and Aveni answers that all of them were resolved apart from the 30-inch line, which was delayed. Aveni adds that it is somewhat typical for a project to move forward with conditional approval, incorporating all the letters into the conditions, and that the applicant has proven to be trustworthy throughout its many previous projects in Beverly. The project will not move forward without addressing the outstanding issues and a Building Permit may not be issued, so the remaining steps in the process ensure that the items are addressed. The Board discusses that the next meeting is scheduled for June 18, 2024. Aveni adds that there is a culvert running under Elliott Landing. Katie Boucher of 90 McKay Street is present and says that she attended both DRB meetings. Boucher asks if the Affordable Housing units will be available for residents of all ages, or will also be designated as Elderly Housing, defined in this zone as at least one resident per unit must be age 55 or over. Boucher observes that the Subsidized Elderly Housing term seems to be a misnomer and suggests that the title be changed. Boucher says that while she is not opposed to the project, she feels that the building turns its back to Balch Street, that it will appear larger than 50 feet high because of its elevation, and that she feels the building should be set back 50 feet from Balch Street instead of 25 feet. Boucher observes that the applicant compared the project to existing buildings in the Cummings Center campus for height reference, but the existing buildings are not abutting Balch Street. Boucher says that she thinks brick should be incorporated into the design to lend a neighborhood feel, and asks that the existing crosswalk not be eliminated. Hutchinson says the term Subsidized Elderly Housing cannot be changed, and Clawson explains that it is terminology dictated by its Zoning and thus cannot be changed. Drohosky says that the Affordable Housing units will have the same terms as the rest of the units. Clawson says that the crosswalk on Balch Street is not part of the project, as it is on Balch Street and is controlled by the City. The crosswalk will remain in place. Hutchinson expresses misgivings about the precedent that may set. Bartley says that the Board makes approvals based on the project in front of it,not based on precedent. Gomes observes that both the applicant and the Engineering Department are amenable to a conditional approval by the Board, 3 City of Beverly Planning Board May 21, 2024 Meeting Minutes Page 4 of 8 Games: Motion to close the hearing. Miller seconds. Motion carries (5-2). Beckwith and Hutchinson against. The Board discusses that the merits do not need to be discussed today as the deadline is 90 days. Gomes asks for clarification on whether Site Plan Review is a matter of procedure or ordinance and Clawson answers procedure. Gomes observes that Engineering has concerns about the applicant constructing a building over a pipe that the applicant owns and maintains, thus the applicant has every reason to comply with those items. Gomes proposes that the applicant's experts work directly with the experts in the Engineering Department. The Board discusses whether it is making an already complex process more unnecessarily complicated. Bartley observes that the project will not be materially different at the June 18, 2024 meeting. Beckwith says that it is appropriate to have all possible information when making its decision. Clawson says that a Site Plan cannot be denied, it can only be approved with reasonable conditions. The motion should be whether to continue the decision to the next meeting. Beckwith: Motion to continue the matter to the June 18, 2024 meeting. Flannery seconds. Motion fails (3-4). Bartley, Miller, Gomes, Lewis against. The Board discusses that since the matter will not continue, the next step would be to vote on the approval. Hutchinson asks if the applicant wishes to continue and Drohosky says the applicant prefers to not continue to the June 18, 2024 meeting. Schlaeger says that from an engineering perspective, the Engineering Department's comments address items that will not materially affect the outcome of the project. Drohosky says that the applicant has incorporated input from all parties and he believes that it has reached a point of moving forward with reasonable conditions. Beckwith: Motion for the Board to reconsider the motion by Beckwith to continue the Public Hearing: Site Plan review#165-24 - 50 Balch Street(181 Elliott Street)—Beverly Commerce Park, LLP to the June 16, 2024 meeting. Flannery seconds. Motion carries (7-0). Beckwith: Motion to continue the Public Hearing: Site Plan review#165-24 - 50 Balch Street(181 Elliott Street)—Beverly Commerce Park, UP to the June 16, 2024. Flannery seconds. Motion carries (7-0). 9:10 Recess 9:10 p.m.: Reconvene 4 City of Beverly Planning Board May 21,2024 Meeting Minutes Page 5 of 8 3. Public Hearing: Waiver of frontage and Definitive Subdivision Plan -93 Hale Street— William D. Little and Luana B. Little, Trustees of the Luana Bald! Realty Trust and the William D. Little Revocable Trust of 2019 a. Waiver of the frontage requirements and a Definitive Subdivision Plan for 93 Hale Street. Applicant has requested a continuance until the July 16, 2024 Planning Board meeting. Beckwith: Motion to continue the Public Hearing: Waiver of frontage and Definitive Subdivision Plan - 93 Hale Street—William D. Little and Luana B. Little, Trustees of the Luana Baldi Realty Trust and the William D. Little Revocable Trust of 2019 to the July 16, 2024 meeting. Gomes seconds. Motion carries (7-0). 4. Public Hearing: Special Permit#192-24—84 Hale Street—Amit Patel a. Special Permit for the reduction in the required number of parking spaces from two to one. Beckwith: Motion to continue the Public Hearing: Special Permit#192-24—84 Hale Street—Amit Patel to June 18, 2024 meeting. Lewis seconds. Motion carries (7-0). 5. Public Hearing: Special Permit 4193-24--3,3R, 8 Summit Ave--Robert 1. Boudreau a. Special Permit for parking spaces located within five feet of a side yard lot line, a two-way drive aisle width of less than 24 feet, and a parking lot as a principal use of a lot. Clawson reads the legal notice. Thomas J. Alexander of Alexander and Femino is present on behalf of the applicant. Alexander explains that the application is for a Special Permit to allow parking as a single use for the property. Alexander says that this is a new Special Permit that combines the two lots into a single lot and it will now have 29 parking spaces. The existing barn on the property will remain in place for storage of equipment belonging to the Anchor. The fence will need to be moved slightly and the landscaped area will be enlarged. Engineer George Zambouras is pwsent and says the site plan being presented today is dated May 20, 2024. Zambouras says the fence will be relocated to at least three and a half feet away from the walkway, allowing a landscaped area of six feet between the fence and the parking area. The planting area will be six feet wide along the westerly side of the site. Among the plantings will be arbor vitae and day lilies. Zambouras clarifies that spaces 15 through 22 will not have wheel stops due to restrictions of the site. Hutchinson clarifies that there are two entrances to the site, and Zambouras says that is correct. Hutchinson asks if the two compact parking spaces have been removed, and Alexander says that 5 City of Beverly Planning Board May 21, 2024 Meeting Minutes Page 6 of 8 is correct and one standard space was added. Gomes asks if the lot, which is a combination of three parcels, is an allowable use for the zoning, and Alexander says yes. Miller asks if the surface is permeable, and Alexander says the area is comprised of packed gravel, and that there is a catch basin for drainage purposes. Beckwith cites the letters dated May 25, 2024 and April 24, 2024 from the City Engineer regarding the drainage of the site and any future changes to the permeable surface such as paving. Alexander says one abutting property owner expressed concerns about the one-way traffic on Cox Court,where he experienced a T-bone vehicle collision. Alexander says he referred the resident to the Parking and Traffic Commission. Flannery: Motion to close the hearing. Lewis seconds. Motion carries (7-0). Beckwith: Motion that in the matter of the Special Permit#193-24—3, 3R, 8 Summit Ave —Robert I Boudreau, the Board find that: 1) The site is an appropriate location for the proposed use, and that the character of the 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 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) 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. Lewis seconds. Motion carries (7-0). Beckwith: Motion to approve the Special Permit#193-24—3, 3R, 8 Summit Ave—Robert I Boudreau, pursuant to Section 300-40C.(1)O) of the City of Beverly Zoning Ordinance to use a parking lot as a principal use in a CC Central Business Zoning District. The Special Permit also grants relief for deviations from the design requirements from Section 300-63D.(1) for off-street parking spaces within five feet of a side lot line and Section 300-64B.(1) for a two-way drive aisle of less than 24 feet. Subject to the following conditions: 1) Individual signage will be posted for the compact car parking spaces. 2) Curb stops will be installed for all head in parking spaces except for spaces on the Site Plan, Proposed Parking dated April 22, 2024,revised May 20, 2024, numbered 15 through 22. 3) Delineation for individual parking spaces will be provided. 6 City of Beverly Planning Board May 21, 2024 Meeting Minutes Page 7 of 8 4) The lot will be graded and a catch basin will be installed to catch and divert stormwater runoff from the parking lot into the existing City stormwater sewer system subject to the approval of the City of Beverly Engineering Department. 5) Annual maintenance of the gravel surface will be performed in accordance with the City of Beverly Engineering Department requirements. 6) Comments in the Engineering Department memo dated April 24, 2024, from Lisa Chandler, City Engineer. Flannery seconds. Motion carries (7-0). Flannery: Motion to reconvene the regular meeting. Beckwith seconds. Motion carries (7- Reconvene Meeting 6. Discussion on closed Public Hearings, if not already decided 7. Extension of performance bond for Livingstone Avenue to June 6,2025—7 Porter Terrace,LLC Manager of 7 Porter Terrace LLC Brian Marks is present and says the work has not been completed. Hutchinson asks how much work remains to be done. Marks says the applicant is continuing to work with the City on the permitting for 114 Livingstone Avenue. Clawson clarifies that the Conservation Commission is working with the applicant and Marks says that there was a body of water that was thought to be an intermittent stream and has been determined to be a manmade drainage ditch. The Board discusses whether the lot was deemed unbuildable based on frontage or on the perceived intermittent stream. Marks says there was a calculation error when the property line was drawn for the cul-de-sac that impacted whether the property was deemed buildable. Flannery: Motion to approve the extension of the performance bond for Livingstone Avenue to June 6, 2025 —7 Porter Terrace, LLC. Miller seconds. The Board discusses whether it is likely that the matter will be resolved by June 6,2025. Motion carries (7-0). 8. Set Public Hearings: a. Special Permit#194-24— 14 Greenwood Avenue—Benco LLC i. Creation of pork chop-shaped lots Flannery: Motion to set the public hearing for Special Permit#194-24— 14 Greenwood Avenue—Benco LLC for June 18, 2024. Beckwith seconds. Motion carries (7- 0). 7 City of Beverly Planning Board May 21, 2024 Meeting Minutes Page 8 of 8 b. Special Permit#195-24— 14 Paine Avenue—Ford and Kate O'Neil, c/o Glovsky & Glovsky LLC, 8 Washington Street, Beverly, MA 01915 i. Creation of pork chop-shaped lot Clawson says the application has been withdrawn. 9. Approval of minutes: a. October 3, 2023 The members review and offer edits to the October 3, 2023 draft meeting minutes. Beckwith: Motion to accept the October 3, 2024, Planning Board meeting minutes as amended. Flannery seconds. Motion carries (7-0). b. October 24, 2023 The members review and offer edits to the October 24, 2023 draft meeting minutes. Flannery: Motion to accept the October 24, 2023, Planning Board meeting minutes as amended. Beckwith seconds. Motion carries (7-0). Other Business Flannery says that the morning delivery hours of Dollar Tree continue to be violated. Clawson agrees to bring it to the attention of Municipal Inspections. The Board discusses what the potential ramifications would be if a Site Plan were not approved by the Board. Miller: Motion to refer the question to the City Solicitor of the ramifications if the Planning Board were to not approve a Site Plan and what the recourse may be. Flannery seconds. Motion carries (7-0). Hutchinson expresses gratitude to Gomes for participating in the Hazard Mitigation Committee. The Board discusses the email from Director of Planning and Development Darlene Wynne regarding public records. Gomes reminds the Board that the Livingstone Avenue matter was discussed in September 2022. Adjournment Beckwith: Motion to adjourn. Flannery seconds. Motion carries (7-0). Meeting adjourns at 10:21 p.m. The next regular meeting of the Planning Board is scheduled for Tuesday,June 18, 2024. 8