2024-06-18 Planning Board meeting minutes FINAL CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: City of Beverly Planning Board
DATE: June 18, 2024
LOCATION: City of Beverly Police Department Community Room, 175 Elliott
Street
MEMBERS PRESENT: Chair Ellen Hutchinson; Vice-Chair Derek Beckwith; Ellen
Flannery; George Gomes; Nathaniel Lewis, Sarah Bartley
STAFF PRESENT: Assistant Planning Director Kenneth Clawson
RECORDER: Kenneth Clawson
Call to Order
Chair Hutchinson called to the meeting to order at 7:00 PM
1. Public Hearing: Special Permit#194-24—14 Greenwood Avenue—Benco LLC
a. Creation of Pork-Chop shaped lots
Attorney Thomas Alexander on behalf of the Applicant explains that comments from various City
Departments have created the need for a redesign of the submitted plans and requested a continuance
of the opening of the public hearing to the July 16 meeting.
Flannery: Motion to reschedule public hearing for special permit#194-24 at 14 Greenwood Ave to
July, 16 2024. Seconded by Beckwith. Motion passes 6-0.
2. Subdivision Approval Not Required Plans
a. Vista Drive—Folly Hill Associates Trust
Attorney Miranda Siemasko on behalf of the Applicant presents to the Board the property at the end of
Vista Drive on the Beverly/Danvers line that was shown on the 0 Trask Lane plans that were presented
to the Board earlier in the year. Vista Drive is a public way in Danvers and there is no frontage
requirement per the RSD Zoning in Beverly, therefore the minimum frontage requirement per
Massachusetts General Laws is 20 feet.
Hutchinson confirms with Siemasko that the plan meets the three standards for a Subdivision Approval
Not Required Plan. The plan meets the minimum frontage requirements, Vista Drive is a public way, and
the public way provides actual access to the lot.
Hutchinson confirms with Siemasko why there is no frontage requirement. Siemasko explains that there
is no frontage requirement in the RSD zone in Beverly so the frontage requirement defaults to the
minimum of 20 feet per Massachusetts General Laws.
Flannery: Move to endorse ANR for Vista Drive. Seconded by Gomes. Motion passes 6-0.
3. Continued: Site Plan Review#165-24—50 Balch Street (181 Elliott Street)—Beverly Commerce
Park, LLP
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a. Construct a five-story, 53 unit, subsidized elderly housing building within the
Cummings Center.
Site Plan Review 50 Balch Street—Michael Aveni is present and explains to the Board what has
happened since the previous meeting. Aveni reviews the comment letters that have been received from
the City of Beverly Fire, Health, and Engineering Departments. Aveni explains that they have added a
fire hydrant per the Fire Department comments and acted on all of the actionable Engineering
comments. Aveni formally responded to all of the comment letters and provided those responses to the
Planning Department. Aveni also states that he met with the City Engineer at the site and cleared up
any outstanding issues that the Engineering Department had.
Beckwith asks Aveni to point out the changes to the drawings that were received on June 41"and how
the issue of the pipe running under the building was resolved. Aveni explains all of the changes that
were made. Aveni also explains the discussion he had with the Engineering Department regarding the
pipe running under the building. Because of the good condition of the pipe, the Engineering
Department asked for an additional manhole to be added in order to be able to service the pipe in the
future.
Beckwith expresses appreciation to Aveni for meeting with the City Engineering Department and the
explanation of all of the changes made to the plans.
Beckwith: Motion to approve Site Plan Review#165-24 50 Balch Street subject to the following
conditions:
1. The project shall be constructed in accordance with the Plan set entitled:
a. Subsidized Elderly Housing Site Plan Review Application, 50 Balch at Cummings Center,
Beverly Massachusetts, scale varies, dated March 25, 2024, revised June 4, 2024, 15
sheets, prepared by Alan Engineering, LLC, 110 Winn Street, Suite 209, Woburn, MA
01801 and Michael A. Aveni, Atlantic Boston Construction, Inc., 200 West Cummings
Park, Woburn, MA 01801, prepared for Cummings Properties, 200 West Cummings Park,
Woburn MA 01801
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:
a. Letter dated April 24, 2024 from Captain Jacob Kreyling, City of Beverly Fire Department
Bureau of Fire Prevention
b. Letter dated April 26, 2024 from Darlene Wynne,AICP,Vice-Chair of the City of Beverly
Parking and Traffic Commission
c. Letter dated April 29, 2024 from Laura DelleChiaie, MPH, Director of the City of Beverly
Board of Health
d. Letter dated May 17, 2024 from Jared Contrada,Associate Planner for the City of
Beverly Design Review Board
e. Letter dated May 21, 2024 from Lisa Chandler, PE, City Engineer for the City of Beverly
Engineering Department
f. Comments in the City of Beverly Central Square Permitting system from:
i. Jim Butler, Director of Municipal Inspections:
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1. There needs to be five Handicap parking spaces along with one Van
Accessible space.
2. 10%of the units need to be designed for people with disabilities.
g. Letter dated June 5, 2024 from Michael Aveni in response to the City of Beverly
Engineering Department comments
h. Letter dated June 5, 2024 from Michael Aveni in response to the City of Beverly Fire
Department comments
i. Letter dated June 5, 2024 from Michael Aveni in response to the City of Beverly Health
Department comments
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 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.
Seconded by Flannery. Gomes expresses his opinion that he feels that this matter should have been
resolved at the prior meeting and how the Board can help to alleviate housing costs by getting projects
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permitted in a timely manner. Hutchinson expresses her opinion that she feels that the Board has
responsibility to the citizens of Beverly in order to ensure that projects that are presented to the Board
are done correctly. Beckwith also expresses his opinion that he was uncomfortable with moving
forward without having the Engineering issues resolved. Motion passes 6-0.
• Recess for Public Hearings
Flannery: Motion to recess for public hearing. Seconded by Gomes. Motion passes 6-0.
4. Special Permit#192-24—84 Hale Street—Amit Patel
a. Special Permit for the reduction of the required number of parking spaces from 2 to 1.
Clawson reads the public notice. David Jaquith, architect, is presenting to the Board on behalf of the
applicant. The building used to be a fire station and is now a corner variety store with a place for
sleeping above the store. The current owners of the store would like to make that sleeping area above
the store a legal apartment, but in this zone,that apartment would require two off-street parking
spaces. There is a space that has always been used by the owner/operator of the store off of Lothrop
Street behind the store. Some of that space needs to be taken up by a second means of egress from the
apartment and a dumpster is not permitted under the staircase. There is enough space for one parking
space in this area.
Hutchinson asks about the existing bike lane and parking in front of the store on Hale Street. Jaquith
confirms that the 15 minute parking spaces in front of the store do compete with a bike lane that has
been added. Jaquith states that this has not been a problem according to the Beverly Police
Department's knowledge. Clawson confirms that the traffic sergeant has never had an issue with the
parking and bike lanes in front of the store. Jaquith confirms that the parking space will be for a
compact car as recommended by the Parking and Traffic Commission.
Beckwith states that this is the closest convenience store location for the Prides Crossing and Cove
neighborhoods and, in his personal experience, there has not been an issue with the parking in front of
the store.
Hutchinson asks if there were any objections from the neighbors. Clawson enters into the record a
letter from David Jaquith with 19 names and addresses all in support of the project.
Hutchinson asks how many cars the prospective occupants of the apartment own and Jaquith replies
that they own one car.
Flannery: Motion to close the public hearing. Seconded by Gomes. Motion passes 6-0.
Beckwith: Motion that the Planning Board find in regard to Special Permit#192-24:
a. That the specific site is an appropriate location for the proposed use, and that the character of
adjoining uses will not be adversely affected.
b. That no factual evidence is found that property values in the district will be adversely affected by
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such use.
c. That no undue traffic and no nuisance or unreasonable hazard will result.
d. That adequate and appropriate facilities will be provided for the proper operation and
maintenance of the proposed use.
e. That there are no valid objections from abutting property owners based on demonstrable fact.
f. That adequate and appropriate City services are or will be available for the proposed use.
Seconded by Gomes. Motion passes 6-0
Beckwith: Motion that the Planning Board approve special permit#192-24 subject to the following
conditions:
1. The dumpster shall be placed so it complies with all relevant building, fire, and/or health codes,
not blocking the egress of the door on the first floor or under the stairs being built. The storage
box shall be removed, as shown on the revised plan.
2. The parking space is only large enough for one compact vehicle. According to existing
regulations, no car may extend over the sidewalk when parked and any car that does so may be
ticketed.
3. Owner must put signage on the building for a compact parking space.
4. If trash totes are a reasonable alternative, and they create more space for parking, the owner
will consider switching from a dumpster to the totes.
Seconded by Gomes. Motion passes 6-0.
• Reconvene meeting
Gomes: Motion to reconvene meeting: Seconded by Beckwith. Motion passes 6-0.
5. Set Public Hearing for Site Plan Review#166-24, Special Permit#196-24, Inclusionary Housing
#27-24—355, 380, and 386 Rantoul Street, Peter Kelly—Trustee of Rantoul Street Realty Trust
Flannery: Motion set public hearing for August 20, 2024. Seconded by Beckwith. Motion passes 6-
0.
6. Set Public Hearing for Site Plan Review#167-24, Inclusionary Housing#28-24—478 Rantoul
Street—478 Rantoul Street, LLC
Flannery: Motion to set public hearing for July 16, 2024. Seconded by Beckwith. Motion passes 6-
0.
7. Approval of Minutes (as available)
Beckwith Motion to approve Planning Board meeting minutes from April 30, 2024 as amended.
Seconded by Flannery. Motion passes 6-0.
8. New or Other Business
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Hutchinson reminds Board members to read the letter from City Solicitor as to what happens if the
Board were to deny a Site Plan Review.
Clawson informs the Board about a presentation made to the City Council about the MBTA Communities
Law and that the website explaining the City's path to compliance with the law is now available.
9. Adjourn
Beckwith Motion to adjourn. Seconded by Gomes. Motion carries 6-0.
Meeting adjourns at 8:05 PM
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