2012-04-26CITY OF BEVERLY MASSACHUSETTS
REGULAR MEETING MINUTES
BOARD OR COMMISSION: Planning Board
SUBCOMMITTEE: -
DATE: Thursday, April 26, 2012
LOCATION: Council Chamber, City Hall, third floor
MEMBERS PRESENT: Chairman Richard Dinkin, Vice Chairman John Thomson,
Ellen Hutchinson, Ellen Flannery, James Matz, David
Mack, John Mullady, Charles Harris
MEMBERS ABSENT: Michael O'Brien
OTHERS PRESENT: Assistant Planning Director, Leah Zambernardi
RECORDER: Diana Ribreau
Dinkin called the Regular Meeting of Beverly Planning Board to order at 8:00 p.m.
Subdivision Approval Not Required Plans (SANR's)
a. 18 -20 Paine Avenue — 18 Paine Avenue Realty Trust & Marcia Glassman — Jaffe.
Zambernardi distributed plans to the Board for review.
Kevin Danahy, Engineer from Meridian Associates, 500 Cummings Center, Beverly, explained
the request to take Parcel A (9,800 s.f.) away from the larger lot and combine it with the
Glassman - Jaffe lot, resulting in 18 Paine Ave. Realty Trust with approximately 3.2 acres and
Marcia Glassman — Jaffe with approximately 2.3 acres. Danahy stated that the reason is for
landscaping purposes and that nothing else is being change on the lots.
Thomson made a motion to endorse the SANR as submitted. Motion seconded by
Hutchinson. Motion carried 7.0.0.
b. 4 & 6 Sunnyvale Street — Walker Family Trust & Henry and Jennifer Pizzo.
Zambernardi stated the parcels are in the R15 Zoning District. The request is to convey a 2,500
s.f. Parcel from Walker Family Trust to the Pizzo's. Zambernardi explained that both lots would
continue to have sufficient frontage.
Thomson made a motion to endorse the SANR as submitted. Motion seconded by
Flannery. Motion carried 7.0.0.
Reauest to Set Public Hearing Date — Site Plan Review ADUlicatlon #107 -12 - Cummings
Center — Beverly Commerce Park, LLP — Construct New Northwest Parking Deck.
Regular Meeting
Beverly Planning Board
April 26, 2012
Page 2 of 9
Steve Drokosky, General Manager of the Cumming Center in Beverly, was present to request a
date for a Public Hearing. Drohosky explained the plans for the proposed parking deck to be
built on the north side of 500 Cummings Center. The parking deck would allow 200 more
parking spaces resulting in a total of 425 covered parking spaces. Drokosky also explained the
solar panel generator planned to be installed over the deck.
Zambernardi informed the Planning Board that in 2001 the Cummings Center presented the
Master Plan of the estimated Build -Out Plan when the City was entertaining a zone change.
Cummings Center Properties has adhered to that plan so far, but Planning staff questions how the
new parking deck would affect this Plan, if at all.
Zambernardi requested Drokosky to explain to the Board if the new parking deck would affect or
not affect the 2001 Master Plan.
Drokosky explained that this plan was approved 11 years ago. Based on those submitted plans,
they have predicted very well what the parking garage /decks would be. Drokosky stated that one
parking deck exists in front of 200 Cummings Center and now there are plans to add another
which is close to what was originally predicted. Drokosky stated that the market has changed
such where people are packing more employees into their spaces, which resulted in more dense
parking than anticipated. Adding another parking deck will provide ample parking to those at
the site.
Dinkin stated that regardless of whether there may be reason for an adverse decision regarding
the 2001 plan; it is not a reason to deny the request to schedule a public hearing.
Thomson made a motion to set the Public Hearing for June 19, 2012 at 8 p.m. Motion
seconded by Hutchinson. Motion carried 6.1.0.
Matz recused himself at this time.
Mack made a motion to recess and convene for a scheduled public hearing. Motion
seconded by Hutchinson. Motion carried 7.0.0
Continued Concurrent Public Hearings — Special Permit #129 -11 and Site Plan Review
Application #105 -11 — Raze part of existing building and construct Walgreens Pharmacy —
CG Zone — 48 Dodge Street — Westward Apple Orchards Limited Partnership.
Thomson made a motion to waive the reading of the Public Notice. Motion seconded by
Flannery. Motion carried 7.0.0.
Attorney Tom Alexander, 1 School Street, Beverly, gave the Board an update on the project.
Alexander stated that the Applicant has met with the Parking and Traffic Commission, the
Design Review Board, and the neighbors, to which they have made several plan changes to the
building and location based on the feedback from those meetings. Alexander informed the
Board the Applicant is planning to meet once again with the Parking and Traffic Commission
and the Design and Review Board next week to discuss the changes made.
Regular Meeting
Beverly Planning Board
April 26, 2012
Page 3 of 9
Josh Swirling, Engineer, Bohler Engineering, 352 Turnpike Road, Southborough, stated there
was allot of constructive input made back in January from the Design and Review Board,
Parking and Traffic Commission, Historic Commission, neighbors, and the Planning Board to
which the Applicant has done its best to accommodate concerns and suggestions. Swirling
submitted the updated Site Plan with elevations stating that the size of the proposed building has
been reduced from 13,500 s.f. to 10,800 s.f. In addition, the plan includes retaining the main
portion of the Historic building most visible from the intersection; the drive - through has been
relocated to the other side of the building; a landscaping strip has been added to soften the look
on the Dodge Street side of the property; a fire lane has been provided based on requirements of
the Fire Prevention Department; a black ornamental fence along Dodge Street has been added
along with doubling the amount of plantings in the area based on feedback from the Design
Review Board; a one -way circulation is now throughout the site after further consideration to
access to and from Dodge and Conant Street; parking spaces reduced to 95.
Swirling stated that a detailed sign plan is not available at this time but the Applicant recognizes
the need to make adjustments to the ground sign and notes have been added to the revised Plan
reflecting such.
Dinkin asked if the requirement for parking includes the entire commercial site or just the retail
space for Walgreens. Swirling responded that it includes the entire development. Swirling stated
the Plan has been reviewed by the City Building Inspector and he is in agreement with the
Applicant on parking spaces based on the footprints of both areas. The Applicant is seeking
relief to the 100 parking space requirement, requesting 95 spaces.
Thomson asked what the plans for use are for the historic building. Swirling responded
professional office use.
Mack asked if the Applicant feels that 100 parking spaces are more than what is anticipated to be
used and if the site can accommodate less. Alexander replied yes, based on the parking study
done.
Alexander stated that Walgreens has indicated a need for 43 spaces with the proposed building
footprint. Alexander explained that they looked at the average rate of 2.9 spaces per 1000 s.f
and feel they are in the right place. The tenant requirements including the Symes building comes
to a total of 93 parking spaces. The Applicant is asking for 95 spaces.
Jeffrey Dirk, V.P., Vanesse & Associates, 10 New England Place Drive, Andover, stated that a
survey was completed at the Walgreens downtown Beverly which determined the parking usage.
Dirk stated that there is a significant improvement to the Plans by moving the drive - through to
the other side of the building which provides one -way traffic circulation throughout the site. Dirk
explained that deliveries could now go around using the one -way circulation rather than having
to back -out onto Conant Street. Dirk explained by showing on the revised site plan how the
changes improve the overall site functions to traffic flow. Dirk stated that they have created a
Regular Meeting
Beverly Planning Board
April 26, 2012
Page 4 of 9
convoluted traffic pattern that would not make it easy for motorists to cut - through the lot to
avoid outside traffic which was a concern raised by residents and board members. Dirk
explained the shared common driveway easement area with Fast Freddie's and Dunkin Donuts,
which allows cars from the Walgreens site to cue behind other cars to exit the site making traffic
operations much safer.
Dirk stated that they have not responded yet to the peer reviewer's traffic comments, but they
will do so.
Dirk discussed the exit ramp off Route 128, which pushes cars north to channelize traffic. Dirk
explained that the Applicant does not control the common driveway and would need discussion
for modifications from the owners Dunkin Donuts and Fast Freddie's. Discussions are ongoing
at this point. Dirk stated that they have met with the State Highway Department and they have
offered to put a right turn only sign on the site. The Plans are to channelize the Rt. 128 ramp to
help push vehicles north. Dirk explained that they do not have the ability to force traffic to the
North — there is not enough right -of -way.
Thomson asked about a quick -curb rather than median that allows access for the Fire Department
only. Swirling responded that it might be an option to discuss. Swirling explained the William
Fiore from the Beverly Fire Department expressed concerns with regard to impact to the
undercarriage of the fire engines and was not in favor of a raised median.
Thomson suggested narrowing the driveway area to make it more difficult to cut across from the
Route 128 exit ramp.
Harris asked for clarification with the flow of the drive - through traffic. Harris stated that it is his
belief that vehicles will get backed up in the drive - through lane and he has a problem with
rectifying the traffic drive - through area without putting a burden on drivers. Dirk responded
explaining that ATM drive - through establishments are much different than prescription drive -
through establishments which typically do not have more than one or two cars in the cue at one
time based on research done. Harris stated he disagrees.
Mack asked if there has been any consideration to placing a "No Left Turn" sign at the exit way
onto Dodge Street. Dirk responded that is the kind of discussions they plan to have with the
owners of Fast Freddie's and Dunkin Donuts.
Thomson asked if the Applicant has talked with anyone about the buffer area behind the site that
is owned by the City.
Alexander responded that they made adjustments to the buffer area based on what was dictated
by the Neighbors desire and the Planning Board. The Applicant has offered to landscape the
area but acknowledged that it takes a vote by City Council for approval.
Swirling described the landscaped area that begins 3 -'/z ft. from the property line to the curb line
and stated the buffer area includes a fence.
Regular Meeting
Beverly Planning Board
April 26, 2012
Page 5 of 9
Thomson asked who would be taking responsibility of upkeep to the landscaping. Alexander
responded that if the City allows, the Applicant would undertake the landscape area and
maintenance.
Doug Benoit, Arista Development, submitted and reviewed the new elevations. Benoit described
the new plans, which add more clapboard and less brick for a more residential look and feel.
Benoit pointed out the relocation of the front entrance due to the relocation of the drive - through
window. Benoit stated that the side elevation from Conant Street is approximately 8 feet taller
for storage purposes only. The side of the building facing Conant Street has been updated and
designed to look like a residential home. Benoit reviewed the roof top design and stated the
plans will be submitted to the Design Review Board next week.
Dinkin opened the Public Hearing to comments /questions from members of the public.
Rosemary Maglio, 30 Pleasant Street, Beverly, asked how much of the lot is impervious.
Swirling responded that it would be 92.3% impervious. Swirling stated it is important to note
that the lot is currently 92.6% impervious.
Cheryl Oliphant, 2 Chipman Road, Beverly, stated that most neighbors including her are most
concerned with traffic in and out of Conant Street. Oliphant stated it is her opinion that having a
right- turn -only sign at the exit ramp would force cars to go onto Conant Street to get to places
like China Jade on the site. In addition, Oliphant feels the same if there is a no left -turn sign onto
Dodge Street, resulting in vehicles cutting through the parking lot to get where they need to go.
Oliphant expressed the desire to have the landscaping at the rear of the site abutting 10 Conant
Street and 2 Chipman Road, if agreed upon by the City to be maintained by the Applicant. In
addition she requested that the buffered berm not be up against the aforementioned properties.
Oliphant stated that she feels the newest design plan is much better than the initial design plan
presented.
Scott Przybycien, 5 Conant Street, Beverly, stated that the revised plan presented meets 3 out of
the 4 main concerns he would like done. Przybycien stated that he knew when he bought his
home that he would be looking at a commercial site. However, the public is doing what they can
to keep traffic down as much as possible and he feels the Applicant is trying their best to comply.
Keeping the historic home on the site was clearly an issue among the public and the Applicant is
now keeping the main portion of the historic building. The Applicant has also moved the drive -
through location based on feedback from the neighbors.
Dinkin asked if Przybycien is in support of the proposed project. Przybycien responded that he
is 95% in support now that the drive - through traffic will not be next to his bedroom window
along with the other design changes made has his support to the project in compared to other
options that could be presented as an alternative to a Walgreens.
Regular Meeting
Beverly Planning Board
April 26, 2012
Page 6 of 9
Hutchinson requested Przybycien's opinion to the design plan presented. Przybycien responded
that he feels the revised plan is a much better plan and he is happy that he will be looking at the
decorative side of the building rather than the drive - through. Przybycien wanted to bring to the
Board's attention that he feels the landscaping along Dodge Street will get destroyed during
snow removal.
Swirling responded stating he doesn't disagree with durability of the landscaping but there is no
landscaping along the tight strip along Dodge Street. Swirling added that they have incorporated
a black fence along the frontage with enough depth to accommodate both and that it will be
maintained well by the Applicant.
Maglio asked for the landscape area width along Dodge Street. Swirling responded that it varies
between 4.2 ft. and 3.5 ft.
Harris made a motion to continue the Public Hearing for Special Permit Application #129-
11 and Site Plan Review Application #105 -11 until May 15, 2012 at 8 p.m. Motion
seconded by Mack. Motion carried 7.0.0.
Public Hearing Pursuant to Land Court Remand Order: Modification to 875 Hale Street
Definitive Subdivision Plan — Montrose School Park, LLC.
Zambernardi read the public notice for the record.
Attorney Brad Latham, 643 Main Street, Reading, discussed the waiver issue and reviewed the
modifications for waivers as follows:
1. Definitive plan shall show trees six inches in caliper measured four feet above ground.
2. Definitive plan shall show street address numbers for each lot
3. Definitive plan shall show the location of proposed streetlights.
4. Definitive plan shall show the location of fire alarm system
5. Drainpipes shall have a 3' minimum cover.
Latham asked the Planning Board that the aforementioned waivers are granted for the Definitive
Subdivision Plan.
Latham discussed two changes made to the Definitive plan as follows: The Barry property, Lot
6, has been removed leaving only 6 access ways to the subdivision which is required in a minor
Regular Meeting
Beverly Planning Board
April 26, 2012
Page 7 of 9
subdivision plan. The second item is the road length, which the Applicant has found to be just
under the 250 ft. minimum required for a minor subdivision plan.
Thomson asked for further explanation regarding lot 6. Latham responded that the plans have
been changed to remove the existing carriage house from the plans, which originally had access
through the subdivision. This lot will only have access through Hale Street as it does now.
Dinkin requested to see the plans and for the Applicant's opinion on the definition of the center
point of the turn -a- round.
Peter Ogren, Hays Engineering, responded by describing the measurement they came up with.
Ogren added that they had discussions with the Fire Department regarding the matter and the
Fire Department determined the drive to have an acceptable turning radius.
Ogren quoted Beverly's Zoning Ordinance Regulations. Ogren stated that part of the regulation
states that a subdivision have a cul -de -sac or alternative turn - around acceptable to the Planning
Board. Ogren discussed the roadway to be an alternative turn - around. Ogren explained the
diameter of the turnaround to measure 50' on one side and 70' on the other side based on the
distance of the turn - around.
Dinkin stated that it is his opinion that the Applicant's definition of the center is 10 ft. off from
what he is coming up with. Ogren further explained their view of the measurements. Dinkin
stated he doesn't agree with the explanation given to be the mathematical center of a turn-
around.
Latham responded by referring to sections of the Subdivision Regulations that apply
Latham submitted a document presented by the American Society of Civil Engineers in which
the t -shape design shown in the document is a t -shape design and considered a cul -de -sac.
Thomson stated that the issue is whether it is determined to be a minor or major subdivision. In
a minor subdivision the regulation reads "the distance is measured from the edge of the existing
roadway to the center of the cul -de- sac ". Thomson stated that the roadway is a hammerhead
style and not a cul -de -sac.
Zambernardi stated that based on the definitions stated in the Regulations, the Planning Staff
defaulted to the regular standards for subdivisions, which states how a dead -end street is
measured. Zambernardi noted that the Regulation does not mention alternatives to a typical turn-
around.
Regular Meeting
Beverly Planning Board
April 26, 2012
Page 8 of 9
Thomson questioned if any other plans have been submitted to the Planning Board in the past
that presented a hammerhead drive this close to having a dividing line between minor and major.
Dinkin responded that the City has approved very few hammerheads and it is his belief that none
where questionably close to this proposal. Dinkin stated that he would like to find out what the
Planning Boards precedence has been in the past before making a decision.
The Planning Board held an open discussion to further clarify the definition to the proposed
roadway. The Board discussed the difference between a cul -de -sac, hammerheads, and dead -end
streets.
Thomson stated that he would welcome input and views by the host of attorneys present that are
involved.
RJ Lyman, 852 Hale Street, Beverly, stated he is present as a plaintiff and abutter to the proposed
subdivision and is also an Attorney. Lyman quoted Beverly's Subdivision Rules and
Regulations. Lyman explained the only place in the regulations that defines a cul -de -sac in the
Regulations. If it is a cul -de -sac, it must have a minimum right of way diameter of 100' and may
have a 36ft island (page 34). Lyman also stated Section 5A - Design Standards of a Major
Subdivision of the zoning ordinance (Page 33). Lyman stated that he is not asking the Planning
Board to adopt his position but for the Board to ask themselves if the Applicant has submitted a
set of clever measurements, is it a good idea to give them the maximum amount of tolerance.
Lyman concluded by stating even if the road length is 250 ft., the Planning Board has the final
authority to grant or deny the waiver request.
Latham reminded those present that the Planning Board approved the initial plan viewing it as
appropriate. Latham reiterated that there had been discussions before the Plan was initially
submitted with the Fire Department and the City Engineer and both parties deemed it to be safe
and have adequate access.
Dinkin and Thomson requested that the Public Hearing be tabled at this time until the Planning
Department can fully understand what the options are to the different interpretations of the
roadway required for a minor and major subdivision. Thomson requested that document(s) be
presented to the Planning Board at least one week before the next Public Hearing.
Thomson made a motion to recess the Public Hearing at this time and reschedule the
Public Hearing for Special Permit Application #129 -11 and Site Plan Review Application
#105 -11 until May 15, 2012 at 9 p.m. with the conditions that the Planning Department get
further information as requested including participants opinion from the City Attorney on
what the Boards options are for interpretations within the City's Subdivision Rules and
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Beverly Planning Board
April 26, 2012
Page 9 of 9
Regulations. Information collected by the Planning Staff on precedents is requested as
well. Motion seconded by Flannery. Motion carried 7.0.0.
Matz joined the meeting at this time.
Approval of Minutes: December 20, 2011 and January 3, 2012 Meetings
Harris made a motion to approve the regular meeting minutes dated December 20, 2011
and January 3, 2012 as presented. Motion seconded by Mullady. Motion carried 8.0.0.
Zambernardi reminded the Board that a memo has been submitted by Tina Cassidy regarding
two Zoning Amendments that have been presented to City Council. Cassidy plans to meet with
City Council on June 4, 2012 at 7 p.m.
Adjournment
Mack made a motion to adjourn the meeting at 9:45 p.m. Motion seconded by Flannery. Motion
carried 8.0.0.