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BPB 10-8-24 City of Beverly Planning Board October 8,2024 Meeting Minutes 1 CITY OF BEVERLY 2 PUBLIC MEETING MINUTES 3 4 BOARD OR COMMISSION: City of Beverly Planning Board 5 DATE: October 8, 2024 6 LOCATION: Beverly City Hall, 191 Cabot Street, Yd Floor Council 7 Chambers 8 MEMBERS PRESENT: Chair Ellen Hutchinson; Vice-Chair Derek Beckwith; Ellen 9 Flannery; George Gomes; Wayne Miller; Nathaniel Lewis 10 MEMBERS ABSENT: Sarah Bartley 11 STAFF PRESENT: Assistant Planning Director Kenneth Clawson 12 RECORDER: Kristan Patenaude 13 14 Call to Order 15 Chair Hutchinson called the meeting to order at 7:00 p.m. 16 17 1. Subdivision Approval Not Required Plans 18 a. 86 Preston Place—Gerald Mills & Lauren Anno Mills 19 20 Bob Griffin, on behalf of the applicant, explained that this proposal is a lot line adjustment 21 between the Mills' lot and an undevelopable parcel behind it. The Mills' rear lot line is behind 22 the house. The adjustment would allow the Mills' 7,200 s.f. of land from the larger 2.8 acre lot. 23 This will not impact frontage. 24 25 Beckwith: Motion to endorse the Subdivision Approval Not Required Application for 86 26 Preston Place. Flannery seconds. Motion carries (6-0), 27 28 Recess for Public Hearings 29 30 Flannery: Motion to recess for public hearings. Beckwith seconds. Motion carries (6-0). 31 32 2. Continued Public Hearing relative to proposed amendments to various sections of the 33 Beverly Code of Ordinances Chapter 300 Zoning and the Zoning Map for the purpose of 34 complying with M.G.L. Chapter40A section 3A, commonly known as the MBTA 35 Communities Act. 36 37 Clawson stated that the City Council had their public hearing last night. MBTA Communities is 38 a law that was passed by the State requiring each of the 177 MBTA Communities to provide a 39 zone of reasonable size that allows multifamily housing by right. In Beverly, this includes a 40 mandatory mixed-use overlay zone which allows the City to reduce the required zoning capacity 41 by 25%. This mandatory mixed-use zone is over 50 acres in size, exceeding the 15 units per acre 42 requirement, all within a half a mile of the Beverly depot train station. Minor zoning text 43 amendment changes were proposed regarding the zoning for the RHD and RMD Districts. 44 Currently in those districts, the lot sizes get larger as more units are added to a building. There 45 were also some text changes to the CC and C2 Zoning Districts that removes the minimum lot Page 1 of 10 City of Beverly Planning Board October 8, 2024 Meeting Minutes 46 size requirement for all residential building to mirror what it would be for a 100% commercial 47 building. This means that there is no minimum lot size for CC or C2 Zoned lots in the overlay 48 districts. 49 50 Beckwith: Motion to close the public hearing. Gomes seconds. Motion carries (6-0). 51 52 Gomes: Motion to recommend approval of the proposed amendments to various sections 53 of the Beverly Code of Ordinances Chapter 300 Zoning and Zoning Map for the 54 purposes of complying with M.G.L. Chapter 40A Section 3A commonly known 55 as the MBTA Communities Act. Beckwith seconds. Motion carries (6-0). 56 57 3. Continued Public Hearing: Special Permit 4194-24— 14 Greenwood Avenue—Benco 58 LLC 59 a. Creation of Pork-Chop shaped lots. 60 61 Tom Alexander, Alexander&Femino, stated that the applicant respectfully requests a 62 continuance to the October 29, 2024, meeting. 63 64 Flannery: Motion to continue the hearing for 14 Greenwood Avenue to October 29, 2024. 65 Beckwith seconds. Motion carries (6-0). 66 67 Beckwith: Motion to adjourn the public hearings temporarily. Flannery seconds. Motion 68 carries (6-0). 69 70 7. Set Public Hearings: - The Board addressed these agenda items at this time. 71 b. Site Plan Review#178-24—0 Trask Lane- Trustees of Folly Hill Associates Trust 72 c/o Glovsky& Glovsky LLC, 8 Washington Street,Beverly, MA 01915. 73 i.Applicant proposes to develop the property with six multifamily buildings 74 containing 440 residential units in the aggregate; associated amenity and 75 recreational areas; 882 surface and garage parking spaces; an extension of 76 Trask Lane; and various site improvements including landscape elements, 77 common walkways, four monument signs, utilities, drainage infrastructure, 78 and stormwater management facilities. 79 80 Flannery: Motion to set a public hearing for Site Plan Review#178-24—0 Trask Lane- 81 Trustees of Folly Hill Associates Trust c/o Glovsky & Glovsky LLC, 8 82 Washington Street, Beverly, MA 01915, on Tuesday, November 19, 2024. 83 Beckwith seconds. Motion carries (6-0). 84 85 a. Request to set Public Comment Period and Public Hearing: Open Space 86 Residential Design (OSRD) #12-24 Initial Review Application - 184 & 186 Hart 87 Street- CS Hart,LLC 88 i.Initial Review Site Plans contain a Site Context Map,Existing 89 Conditions/Site Analysis Plan,Yield Plan that shows 7 proposed lots,3 90 OSRD Concept Plans Page 2 of 10 City of Beverly Planning Board October 8,2024 Meeting Minutes 91 92 Beckwith: Motion to set a public hearing for this item on October 29, 2024. Flannery 93 seconds. Motion carries (6-0). 94 95 Beckwith: Motion to reenter public hearings. Flannery seconds. Motion carries (6-0). 96 97 4. Modification to Site Plan Review#158-22 and Special Permit#197-24 - 119 Rantoul 98 Street-Wilso Ventures LLC & Tiny Ventures LLC c/o.Alexander& Femino, One School 99 Street,Beverly, MA 01915 and Barnat Development, 110 Rantoul Street,Beverly,MA 100 01915 101 a. Modified Site Plan Review consists of 52 Residential units, 11 of which are studio 102 apartments, 20 of which are one bedroom apartments, and 21 of which are two 103 bedroom apartments, 1,625 square feet of retail space on the first floor, and garage 104 parking underneath for 39 vehicles. Special Permit is to allow 25% of the off-street 105 residential parking spaces (13 in total) in a public parking facility within 500 feet of 106 the property use. 107 108 Tom Alexander, Alexander&Femino, stated that the Design Review Board has reviewed this 109 proposal and voted to recommend it. The Parking &Traffic Commission (P&TC) also reviewed 110 the proposal and had a tie vote to recommend it. The P&TC recommended three conditions as 111 part of approval. The first is that, prior to the issuance of a building permit, the MBTA will put in 112 place an agreement designating 17 assigned spaces for the development. The applicant already 113 has a letter in hand to this effect but will also seek an agreement. Secondly, all recommendations 114 from the original Site Plan Approval will continue on the modified permit. The applicant should 115 advise residents to utilize the crosswalk at Rantoul Street to access the MBTA station. Finally, 116 the tandem spaces shall be designated by the developer for residents. 117 118 Alexander stated that the Special Permit request is for 25% of the residential spaces to be in the 119 public parking area. The current arrangement with the MBTA is for 17 spaces. The additional 120 four spaces are proposed across the street at the MBTA station to address concerns of the P&TC. 121 122 Nancy Ludwig, ICON Architecture, explained that one of the changes proposed is to reduce the 123 height of the building from five stories to four, or approximately 50' in height. The garage was 124 originally proposed to be two floors but is now a single level. This brings residential units to the 125 first floor of the building. 39 parking spaces are provided on site, with additional spaces 126 proposed at the MBTA garage. The unit count has been reduced from 56 to 52, allowing for the 127 more efficient floor plan. The setbacks have been increased to 5' on both the side and rear 128 property lines to meet code requirements for the windows proposed on those sides. There will be 129 a variety of decks and balconies on the property. Due to Design Review Board comments, some 130 changes to materials and masonry were made. The ground floor was increased to 15' to snake a 131 strong face on the public realm. The driveway no longer runs the length of the site, allowing for 132 landscaping areas along the property. The transformer has been pulled up on the site to 133 coordinate with access to it at the base of the driveway. A generous retail/commercial space is 134 provided for at the front of the building. The corridor of the building has been tightened to create 135 efficiencies within the units. The building will be required to meet Passive House standards. Page 3 of 10 City of Beverly Planning Board October 8, 2024 Meeting Minutes 136 137 Bill Maher, PE,Nitsch Engineering, reviewed a civil plan for the site. 138 139 Alexander reviewed a letter from the MBTA setting out the provision for 17 spaces on their site. 140 The P&TC included a condition that an agreement be provided to this effect, which the applicant 141 agreed to. Hutchinson noted that the letter states that the MBTA will provide the 17 spaces at its 142 sole discretion and subject to availability. She asked how this will be determined. Alexander 143 stated that the agreement has not yet been finalized. The condition suggested that the permit will 144 state that these spaces will be assigned. The utilization report of the MBTA parking garage 145 shows that the daily average has quite a range. The overall usage of the garage shows plenty of 146 space available. 147 148 Beckwith stated that it is clear that today there seems to be space in the garage. He asked about 149 the life span of the proposed building. Alexander stated that it is hard to know. Beckwith stated 150 that his concern is that,under the new zoning there may be a huge demand on the garage and 151 also there is a general lack of parking in the area. Alexander stated that the P&TC recommended 152 that prior to issuance of a building permit there must be an agreement for the designated lease of 153 assigned spaces. This will need to be presented to the Planning Board. Beckwith stated that the 154 recommended agreement does not note a time period. In the short term this seems to work, but 155 there needs to be a long term condition. 156 157 Sarah Barnat, owner, stated that a long term lease with the MBTA is expected. This should be 158 coterminous with an existing lease across the street which is for 60 years. As part of that long 159 terra agreement, the number of parking spaces needed is reassessed every five years. The 160 continued availability of spaces is expected for this proposed development. The intent is to make 161 the MBTA spaces available for the long term for residents. 162 163 The Board reviewed the utilization report. 164 165 Beckwith asked how it can be assured that these residents will not be made to fight for parking 166 on the street. Barnat stated that the spaces available to these residents will replace the need for 167 on-street parking. 168 169 Miller stated that these changes have gone from 10' tall interiors to 11,6". This seems to have 170 decreased the earnings of the project significantly. Barnat stated that higher floor to floor heights 171 are actually more marketable. Miller asked if this project anticipates compliance with the Stretch 172 Code. Ludwig explained that the January 1, 2025, Building Code will require multifamily 173 buildings to meet Passive House standards. The project will meet this and the Special Stretch 174 Code. 175 176 There was discussion regarding the proposed 16% ramp with an 8% apron proposed for the site. 177 Barnat explained that the request is for the Board to approve the modifications proposed to the 178 existing plan. A new engineer will then be used to draw up the plans. Submission of the drawn 179 and stamped plans could be made a condition of approval. Maher stated that the new plan will 180 mostly follow the original one while addressing the location of utility lines and other items. Page 4 of 10 City of Beverly Planning Board October 8, 2024 Meeting Minutes 181 182 Gomes noted that the Staff Report mentions a concern with the number of spaces being 183 requested in the garage exceeding the 25% allowed. Clawson stated that, in this District, the 184 developer has to supply one space per bedroom. The piggy-back spaces in the building must be 185 assigned to the same unit, and so 17 spaces end up being needed across the street in the garage. 186 This exceeds the 25%. Hutchinson stated that the application only requests 13 spaces. Alexander 187 stated that the design standards in the Zoning Ordinance allow for piggy-back parking, as long as 188 they are assigned to one unit. These spaces will be assigned to two bedroom units, in 189 conformance with the zoning. The P&TC raised a legitimate concern regarding these spaces, but 190 the Special Permit is for the 13 spaces, not the 17 spaces. The garage proposal goes above and 191 beyond what is needed. Clawson asked what will happen to the other four spots in the garage. 192 Alexander stated that these will be assigned to two bedroom units. Clawson stated that a Special 193 Permit is required to place residential parking in the garage. Alexander stated that the developer 194 could choose to rent extra spaces from the MBTA. Approval is only needed for the 25%. 195 Hutchinson explained that limiting the rental spaces to 13 in the garage would not meet the 196 requirements. The Planning Department has stated that the four spaces cannot count, so the 197 request for 13 does not meet the requirement for parking. The applicant can ask the MBTA for 198 more, but the Special Permit has to be limited to 13. Alexander explained that the Special Permit 199 is only being requested for 13 spaces, but the offer is for 17 spaces. This is above and beyond the 200 requirement. Clawson stated that there are 52 units and four of the spaces cannot be assigned to a 201 specific unit; they would have to go to a two bedroom unit. Barnat stated that any resident that 202 wants an assigned parking space will get one, but that is not to say that all of the residents will 203 require a parking space because they will not. Hutchinson stated that the applicant still has to 204 meet the parking space requirements. Alexander stated that the aggregate number has to be met, 205 but this does not state that piggy-back parking cannot be used. Hutchinson stated that there is a 206 difference of opinion on this item. The Board could ask the City Solicitor for an opinion. 207 208 Barnat requested that the Board hear public comment at this time. 209 210 Flannery: Motion to take a five minute recess. Beckwith seconds. Motion carries (6-0). 211 212 Flannery: Motion to reconvene at 8:40pm. Beckwith seconds. Motion carries (6-0). 213 214 Hutchinson asked for public comment. 215 216 Charlie Grimes, 116 Rantoul Street, asked that his previously submitted written comments be 217 included in this hearing. This project was approved as a matter of right because it is the type of 218 project the Zoning Ordinance encourages. The project expands the tax base and housing stock 219 and brings economic activity. The Special Permit request is a different matter. The Board should 220 only approve this request if the adverse impacts have been reasonably minimized. It appears the 221 developer intends to assign the spaces within the building to certain units, and to provide cars 222 parking on-site with passes to the MBTA parking garage. He expressed concern regarding the 223 lack of a long term agreement between the developer and MBTA. This agreement could be 224 similar to a recorded easement. He requested that approval of this application include conditions 225 that spaces within the building shall be assigned to particular units, that the rental agreement for Page 5 of 10 City of Beverly Planning Board October 8, 2024 Meeting Minutes 226 apartments without spaces shall include language to the renter that a nontransferable parking 227 pass is included, that renters are encouraged to use the Rantoul Street entrance to the garage, and 228 that, prior to the issuance of any building permit, the developer shall provide to the Planning 229 Department proof of the existence of a long term agreement for parking between the developer 230 and MBTA. 231 232 Dave Dolloff, 40 Pleasant,Street, stated that he has had his property surveyed and a right of way 233 shown on the plan is located on his property. He would like to make sure this 8' right of way 234 stays open, and that people can walk on it if they need to. Ludwig stated that there is not 235 anything planned within this right of way area. 236 237 Elise Weatherup, property manager 11O Rantoul Street, submitted nine letters of support for the 238 project. 239 240 Resident of 27 Fayette Street expressed support for the project. 241 242 Resident of Holmes Beverly attested to the concerns regarding parking at the MBTA garage. The 243 garage does seem to be currently underutilized, and it would be nice to see it being used by 244 residents of the area. She has a parking spot within the garage but prefers taking the train. 245 246 Christine Danielson, 110 Rantoul Street, stated that she commutes into the City from her 247 property but also parks her car there. The MBTA garage seems to be very underutilized. 248 249 Nathan English, 190 Bridge Street, stated that subsidizing people's personal vehicles should not 250 get in the way of the City providing additional housing inventory. This proposed building will be 251 within walking distance to a train station. Blue bikes are another great solution for getting around 252 the City. Most of the current parking requirements are based on insignificant data points that 253 came about in the 1950s or 1960s. The data showed in the parking analysis does not count the 254 amount of time there was occupancy during the day. This proposal allows for garage parking, 255 walking access to the commuter rail, and a fresh produce grocery store within a half mile. This is 256 a great opportunity to increase the housing stock in this area. 257 258 Resident of 95 Rantoul Street echoed support for the proposed project. The vibrancy of Rantoul 259 Street is important, and more housing would be welcome. 260 261 Danielle Spang, Ward 2 City Councilor, stated that there is concern as to if this proposal will 262 impact parking on Pleasant Street. It will be important to include a condition that residents of this 263 new building cannot participate in the Downtown Residential Parking District or parking pass 264 program. She asked about how much parking requirements impact building housing. She asked if 265 the proposed inclusionary units could be required not to park across the street at the garage or if 266 they could pay a discounted rate for a pass. The City does need more housing, but it is important 267 to make sure the units are priced in a way so that prices do not continue to skyrocket. 268 269 Hutchinson stated that a site plan set is always required for a Major Modification such as this. 270 She expressed concern that this has not yet been submitted to the Board or reviewed by the Page 6 of 10 City of Beverly Planning Board October 8,2024 Meeting Minutes 271 Engineering Department. Alexander suggested that the Building Inspector, in consultation with 272 the City Solicitor, could make a decision regarding if the parking is adequate. Approval of the 273 modified site plans can be made conditional to the review and approval of the Engineering 274 Department. 275 276 Beckwith stated that the changes from a two level to one level garage, a five floor to four floor 277 building, the changes in ceiling height, and the changes in the ramp, lead him to believe that the 278 Engineering Department should review this prior to Board approval. The Board's duty is to the 279 City, to make sure that the project is appropriate. Alexander stated that the Board usually relies 280 on the Engineering Department, and the applicant is okay with that as a condition of approval. 281 Hutchinson expressed concern regarding voting to approve with this condition. There is a 282 process in place. She is not comfortable conditioning an approval on if the Engineering 283 Department will approve the plans down the line. 284 285 Barnat stated that there will be other shifts to occur in the plans throughout this process. The 286 question is if the modifications suggested can be approved by the Board. If so, the applicant team 287 will engage with its consultants to get the plans drawn to completion as fast as possible, in hopes 288 of getting to construction in the spring. Hutchinson stated that it seems fairly clear that the Board 289 has concerns regarding the language of the parking and this should be brought to the City 290 Solicitor and Building Inspector for review. The Board has a process and feels that it should be 291 followed. She suggested continuing this hearing to the next meeting. In that time, the applicant 292 can see if the Engineering Department believes the existing plans are appropriate. 293 294 Miller asked that the applicant consider commenting on the concerns raised by Mr. Grimes 295 during public comment. Barnat stated that the applicant will satisfy any of the conditions 296 mentioned prior to the building permit process, similar to any conditions issued by the Board. 297 298 Clawson stated that there have been no comments made regarding Councilor Spang's concerns 299 regarding the inclusionary units. Barnat stated that it is up to the City to decide to assign spots 300 for these units or float them. Clawson stated that this is not the City's decision. Barnat stated that 301 it usually depends on the financing source. This project will not use any public subsidies, and she 302 would prefer them to be assigned. 303 304 Clawson asked about a reduced parking rate for inclusionary units. Barnat stated that this can be 305 discussed with the MBTA. 306 307 Clawson asked about the$155 charged for a parking space and if this will apply to the parking 308 both on-site and within the garage. Barnat stated that Holmes Beverly, as part of a Special Permit 309 process,relied on the MBTA parking garage. Alexander stated that all of the parking for Holmes 310 Beverly falls under the same price. Barnat stated that the proposed building will likely be the 311 same. 312 313 Miller stated that he feels the MBTA zoning change is consistent with the City's Master Plan and 314 Climate Action Plan and the transit-oriented development that has been encouraged seems to be 315 working. This proposal seems to be consistent with the goals of these three items. Page 7 of 10 City of Beverly Planning Board October 8,2024 Meeting Minutes 316 317 Beckwith: Motion to continue the public hearing for the Site Plan Review#158-22 and 318 Special Permit#197-24 at 119 Rantoul Street to October 29, 2024. Miller 319 seconds. Motion carries (6-0). 320 321 The Board discussed what it would like the City Solicitor to consider and comment on. While the 322 plan seems to show adequate parking for its residents, a tandem space can only be assigned to a 323 one unit, which effectively does not provide one space per unit as required. The Building 324 Inspector should be included in these discussions. The Board also asked that the applicant 325 schedule a time with the Engineering Department. 326 327 Reconvene meeting 328 329 Flannery: Motion to reconvene the meeting. Miller seconds. Motion carries (6-0). 330 331 5. Discussion on closed Public Hearings, if not already decided: 332 333 None at this time. 334 335 6. Minor Modification Request of Site Plan Review#113-14 and Special Permit#139-14— 336 140 Brimbal Avenue—Thomas J.Alexander 337 a. Request to allow all referenced uses in the 1R Overlay District in Section 300-42C 338 (2) be allowed except for residential dwelling 339 340 Tom Alexander, Alexander& Femino, explained that the Board previously voted to allow this as 341 a Minor Modification Request. This was meant to be a project that encompasses restaurant,bank, 342 retail, and personal services uses. However, the original decision is not clear on this. The City 343 has treated this property as though those uses are allowed. A Minor Modification is proposed to 344 make it clear that those uses are allowed. 345 346 Beckwith: Motion that the Planning Board find that: 1)the specific site is an appropriate 347 location for the proposed use and that the character of the adjoining use will not 348 be adversely affected; 2) that no factual evidence is found that the property values 349 in the District would be adversely affected by such use; 3) that no undue traffic 350 and no nuisance or unreasonable hazard will result; 4) that adequate and 351 appropriate facilities will be provided for the proper operation and maintenance of 352 the proposed use; 5) that there are no valid objections from abutting property 353 owners based on demonstrable fact, and 6) that adequate and appropriate City 354 services are or will be available for the proposed use. Flannery seconds. Motion 355 carries (6-0). 356 357 Beckwith: Motion to approve the Minor Modification to Site Plan Review#113-14 and 358 Special Permit#139-14 at 140 Brimbal Avenue. Flannery seconds. Motion 359 carries (6-0). 360 Page 8 of 10 City of Beverly Planning Board October 8, 2024 Meeting Minutes 361 8. Approval of Minutes (as available): 362 a. November 14, 2023 363 364 Beckwith: Motion to approve the meeting minutes of November 14, 2023, as amended. 365 Gomes seconds. Motion carries (6-0). 366 367 b. December 19, 2023 368 369 Beckwith: Motion to approve the meeting minutes of December 19, 2023, as amended. 370 Lewis seconds. Motion carries (6-0). 371 372 c. January 17, 2024 373 374 Beckwith: Motion to approve the meeting minutes of January 17, 2024, as amended. Gomes 375 seconds. Motion carries (6-0). 376 377 d. May 21,2024 378 379 Beckwith: Motion to approve the meeting minutes of May 21, 2024, as amended. Games 380 seconds. Motion carries (6-0). 381 382 e.June 18, 2024 383 384 None at this time. 385 386 f. July 16, 2024 387 388 None at this time. 389 390 g.August 20, 2024 391 392 None at this time. 393 394 h. September 17,2024 395 396 Beckwith: Motion to approve the meeting minutes of September 17, 2024, as amended. 397 Gomes seconds. Motion carries (6-0). 398 399 9.New or Other Business 400 401 Clawson reviewed several upcoming items that will come before the Board at future meetings. 402 403 10. Adjourn 404 405 Beckwith: Motion to adjourn. Flannery seconds. Motion carries (6-0). Page 9 of 10 City of Beverly Planning Board October 8, 2024 Meeting Minutes 406 407 Meeting adjourns at 9:56 p.m. Page 10 of 10