2007-02-20
CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD OR COMMISSION:
SUBCOMMITTEE:
DATE:
LOCATION:
MEMBERS PRESENT:
Planning Board, Regular Meeting
OTHERS PRESENT:
February 20, 2007
Beverly Public Library, Barnet Gallery
Acting Chairperson John Thomson, Don
Walter, David Mack, Joanne Dunn, Ellen
Flannery
Richard Dinkin, Eve Geller-Duffy, Charles
Harris
Assistant Planning Director Leah
Zambernardi
Andrea Bray
MEMBERS ABSENT:
RECORDER:
Acting Chairperson Thomson calls the meeting to order.
Walter: Motion to recess for public hearing, seconded by Mack. All members are
in favor. The Chair votes in favor. The motion passes 5-0.
1. Public Hearim!:: Depot SQuare Condominiums: Modification of Special Permit
Application #109-04 and Site Plan Application #80-04. Chan2es to the proposed
parkin2 areas. buildin2 and facade construction details. landscapin2. and the
condition of the approval related to Affordable Housin2. 116-128 Rantoul Street -
Beverlv Crossin2. LLC.
Zambernardi reads the public hearing notice, and then advises the Board that Wind over
Development has received 2 modifications of the zoning approvals including: 1. July 26,
2005 modification to allow the 5 affordable housing units to be provided off-site in the
Rantoul Street area so long as 1 additional affordable housing unit was provided within
the new building; and 2. July 25, 2006 modification to allow a reduction in the number of
parking spaces to a minimum of 79 and to allow a reduction in the parking garage
entrance widths and interior aisle widths. She reminds the Board that Wind over
accommodated this second modification by purchasing the Court Street parking lot
behind the building and providing off-street, outside parking in the lot, as well as
additional public parking spaces. She adds that Wind over has now submitted an
application to allow these modifications to the special permit and site plan approvals
issued by the Planning Board.
Zambernardi states that in addition to these modifications, Wind over has made several
other changes including changes to the architectural elevations and to the public sidewalk
on the south side of Pleasant Street abutting the building.
Thomson asks Attorney Mark Glovsky, who represents Wind over Development, to speak
on the changes.
Planning Board Minutes
February 20, 2007
Page 2 of7
Attorney Glovsky introduces Lee Delicker of Wind over Development and Annette
Arstro, architect. He then provides a history of the project and updates the members and
the public on changes which have taken place. He explains that the reason for reducing
the number of parking spaces in the underground parking area is that mechanical and
structural components occupy space which had previously been allotted for parking.
Glovsky describes the current plans for the affordable housing units, one in the building
and five at other locations on Rantoul Street and Elliott Street. Finally, he explains that
the sidewalk needed to be moved to the other side of Pleasant Street due to the steep
grade on the south side of the building as well as the necessity to provide garage access
on the south side of the building. He also cited the lack of sun and seasonal icy
conditions. He states that a new sidewalk was constructed on Court Street that hadn't
been there before and they reconstructed the sidewalk on the north side of Pleasant Street
that is now ADA compliant.
Zambernardi reads the following letters:
1. Dated February 20, 2007, from the Director of Engineering, Frank Killilea.
2. Dated January 8,2007, from the Environmental Planner, Amy Maxner.
3. Dated January 16, 2007, from the Design Review Board.
4. Dated January 16, 2007, Wayne Frances, Fire Prevention Chief.
5. Dated January 11, 2007, from the Parking and Traffic Commission.
6. Dated Feb 15, 2007, from Christopher Negrotti, Traffic Sergeant with the Police
Department.
7. Dated January 11, 2007, from the Board of Health.
8. Dated February 5,2007, from the ADA Coordinator, Arthur Daigneault.
9. From Kathleen Connolly Clerk of Committees on behalf of the Legal Affairs
Committee.
Glovsky states that if the City requests that the sidewalk return, the applicant will put it
back on the north side. He adds that he was expecting a letter from Mr. Gelineau, City
Solicitor, stating that maintenance of the landscaped area should be handled by the
Condominium Association, and that area would be leased from the City by the
Condominium Association.
Thomson asks what the Zoning Board did with respect to the sidewalk issue.
Glovsky says that this issue did not go to the ZBA, but they did approve a modification of
the plans with respect to the parking issue and the affordable housing issue.
Thomson asks Zambernardi if this issue is before the Board because of the site plan
reVIew.
Zambernardi states that this issue is, in fact, being brought before the Board because of
the conditions set in the site plan review and the special permit.
Planning Board Minutes
February 20, 2007
Page 3 of7
Glovsky adds that the applicant agrees to plant street trees or a more vertical landscaped
element in the area where the sidewalk has been eliminated.
Mack asks about the City Council's position on the sidewalk issue.
Thomson states that the Council will not act on the sidewalk issue until it has been to the
Planning Board and other committees.
Thomson explains to the public that because of the lack of a quorum, the Board will not
be able to vote on the special permit issue tonight, so this application will be continued to
a future meeting. He states that he is aware that Glovsky was in communication with
Frank Killilea about the sidewalk changes. He adds his bigger concern was the change of
the affordable housing units without consultation with or approval from this Board, and
the sidewalk is less of a concern.
Dunn asks where the affordable housing units are.
Delicker states that there is 1 unit at 350 Rantoul Street, 2 units at 390 Rantoul Street and
2 units at 102 Elliot Street. He adds that the units are created, are deed restricted, and
that his company is doing the LIP application for the City so the units will be counted in
the State's affordable housing inventory.
Thomson asks where the new parking lot is located.
Glovsky shows the map and describes the location of the new parking lot on Court Street.
Thomson asks what the current parking condition is on Pleasant Street.
Glovsky guesses that perhaps 6 spaces are there.
Thomson asks about the curb cut.
Thomson mentions all of the recommendations from the various other departments, and
asks if the applicant is willing to comply with all of these recommendations.
Glovsky and Delicker state that the applicant is willing to comply with all of these
recommendations.
Dunn asks how the off-site affordable housing units were approved.
Thomson explains that the ZBA approved it.
Thomson asks the public to speak.
Planning Board Minutes
February 20, 2007
Page 4 of7
Steve Kranish of30 Pratt Avenue asks the public how many people drove here today. No
persons respond. He states that this is a pedestrian hostile City, and walking around the
block is impossible when heading south from the Depot Square. He explains that if the
applicant is going to steal sidewalks it will set precedent for anyone else to do the same
thing anywhere in the City. He reminds the applicants that they cited the issues of
steepness and ice as the primary reasons for removing the sidewalks and suggests that
they should heat the sidewalks if they are concerned about the ice on the sidewalk.
Rosemary Maglio of 30 Pleasant Street asks if Court Street is owned by the developer.
Glovsky states that it is owned by the applicant.
Maglio asks when Windover become involved with Depot Square.
Glovsky and Delicker state that they do not have the exact date.
Maglio states that she has that date and reads the deed dated July 11, 2005.
Thomson asks if anyone else has any question. There are none. He then asks Maglio if
she is interested in reading her statement into the record.
Maglio reads a 14 page statement and submits it for the record (see attached).
Zambernardi asks for the dates of her previous letters and agrees to make copies of the
letters and submit them to Board members and the applicant.
Maglio states that the previous letters are dated January 16, 2007, and February 5, 2007.
She submits copies of the letters.
Steve Kranish of 30 Pratt Avenue suggests that the Board try walking south from Depot
Square and around the block. He claims that it is impossible.
Thomson asks Kranish if his point is that the sidewalk should stay where it is.
Kranish says that it is his point.
Zambernardi states that she feels it is necessary to address one of Mr. Kranish's prior
assumptions. She states that just because she nor other members didn't walk here
tonight, that doesn't mean that we don't walk around in the City, as Kranish has implied.
She states she does walk in the City.
Thomson asks for a motion to recess and continue this hearing on another date.
The members discuss possible dates.
Planning Board Minutes
February 20, 2007
Page 5 of7
Mack: Motion to recess and continue this public hearing March 29, 2007, at 9:00
p.m., seconded Flannery. All members are in favor, none in opposition. The motion
passes 5-0.
Thomson closes the public hearing and resumes the regular meeting.
2. Cleveland Road Extension #2 Subdivision Plan - Discussion of Modification to
Drivewav Plan - 17 Cleveland Road: David Campbell
Zambernardi explains that this plan was approved with conditions, one of which was that
the road not be extended. She adds that the property changed hands since the approval
and the new owners began construction. Zambernardi states that a garage was
constructed in a way that the driveway would not be able to be built in accordance with
the approved plan, and a large portion of the driveway was relocated on the
unconstructed portion of Cleveland Road.
Thomson states that the issue is whether the "as-built plan" meets the original subdivision
approval of this Board or if it constitutes a modification to the plan. He states that if the
Board finds in favor of the latter, a public hearing will be needed prior to approval of the
new plan.
David Campbell, the applicant, states that he never was aware that the garage and the
driveway needed to be placed at any particular place.
Bob Griffin of Griffin Engineering represents the applicant, and explains the current
design.
The members ask clarifying questions about the plans.
Zambernardi reads the following letters.
1. Dated Jan 16, 2007 from Frank Killilea, Director of Engineering.
2. From the City solicitor, Roy Gelineau.
3. From the Beard's at 14 Clevelend Road, at letter in disapproval of the new garage
location.
4. Dated January 16, 2007, from Attorney William F. Bowler, on behalf of the
Beards at 14 Cleveland Road.
Griffin states that the drainage condition is now better than was originally planned. He
adds that if they leave the driveway unpaved that might satisfy Gelineau.
Walter: Motion that the change constitutes a modification to the approved plan and
that the owner must file an application to the Board for approval of the new plan,
seconded by Dunn. All members are in favor, none in opposition. The motion passes 5-
O.
Planning Board Minutes
February 20, 2007
Page 6 of7
3. Con2ress Street Preliminary Plan #2: 10-12 Con2ress Street (former Ventrron
Site) - Beverlv Office Development. LLC
Zambernardi states that the developer submitted this preliminary subdivision plan in
order to freeze the IG zoning for this parcel. She states that in the event the owner's plans
to develop the property under the new WDR zoning are approved, the owner has agreed
to withdraw this plan. She states they have filed a continuance to the next meeting.
Mack: Motion to extend the approval deadline of the preliminary plan to April 1,
2007, seconded by Walter. All members are in favor, none in opposition. The motion
passes 5-0.
4. North Shore Commons Definitive Subdivision Plan: 140 Brimbal Avenue - CEA
Group. Inc. bv Steven Cohen - Set Public Hearin2 Date
Zambernardi states that the CEA Group has submitted a definitive subdivision plan to
construct North Shore Commons, a roadway within a proposed 50-foot wide public right-
of-way, and 3 new building lots. She adds that a public hearing must be set.
The group discusses the date of March 20,2007 at 8:30.
Flannery: Motion to schedule a public hearing for March 20, 2007 at 8:30 p.m.,
seconded by Dunn. All members are in favor. The motion passes 5-0.
5. Sar2ent Avenue Definitive Subdivision Plan: 19 Sar2ent Avenue - Michael Fiori
- Set Public Hearin2 Date
Zambernardi explains that a public hearing must be scheduled for this subdivision plan
which creates one new building lot at the end of Sargent Avenue.
Dunn: Motion to set a public hearing for April 17, 2007 at 7:30 p.m., seconded
by Flannery. All members are in favor. The motion passes 5-0.
6. Approval of Minutes: Re2ular Meetin2. December 19. 2006. and Special
Meetin2. January 18.2007
Mack: Motion to approve the minutes, seconded by Flannery. All members are
in favor. The motion passes 5-0.
7. Discussion of 30 Beaver Pond Road SANR Plan - Carmen Frattaroli
Attorney Frattaroli, who represents the owners of 30 Beaver Pond Road, speaks about the
OSRD regulation, and states that he believes the language of the regulation is geared for
new construction. He adds that OSRD should not apply to the separation of a house lot
Planning Board Minutes
February 20, 2007
Page 7 of7
with an existing home. He asks that the Board not require OSRD compliance for the sale
of the lot with the existing house.
Thomson states that OSRD has not been done yet and that the Board could converse now
about how they wish to treat this case. He states that the key to this issue is the word
"tract", which would apply to this lot even if there is an existing structure on the property.
Frattaroli asks if there will be a cloud on the title if this house is sold.
Thomson states that there is nothing in the OSRD that prevents him from selling this lot.
Frattaroli and Thomson discuss some other issues of the OSRD, and then Frattaroli
thanks the Board members for their time and steps down.
7. Beverlv Subsidized Housin2 Inventorv Update
Zambernardi states that Beverly's percentage of performance for affordability has risen to
11.5%, and that City Planner Tina Cassidy has submitted a letter commending the City
Boards and other organizations working toward affordable housing.
8. Future Meetin2 Dates:
Zambernardi reminds the Board of all of the meetings scheduled for March which
include:
. Monday, March 5, 2007, City Council Chambers - Joint Public Hearing and
Special Meeting
. Monday, March 19, 2007, City Council Chambers - Joint Public Hearing and
Special Meeting
. Tuesday, March 20,2007, City Council Chambers - Regular Meeting
. Thursday, March 29,2007, City Council Chambers - Special Meeting
Adjournment
Flannery: Motion to adjourn, seconded by Walter. All members are in favor. The
motion passes 5-0.
The meeting is adjourned at 10:20 p.m.