2009-02-03CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
SPECIAL MEETING
FEBRUARY 3, 2009
These minutes are not a verbatim transcript of the public meeting
of the Board of Appeals. Reviews of the decision or outcome of the public hearing
should include an examination of the Board's Decision for that hearing.
Board: Zoning Board of Appeal
Date: February 3, 2009
Place: Beverly City Hall, Council Chamber, 191 Cabot Street
Board Members Present: Full Members Chairperson Day Ann Kelley, Jane
Brusca, Joel Margolis, Margaret O'Brien, and Scott
Ferguson. Alternate Member: Pamela Gougain
Others Present: Clerk for the Board — Diane Rogers
Absent: Alternate Member: Sally Koen- Steve Frederickson —
Building Commissioner - Director
Chairperson Day Ann Kelley spoke to the Board members. She stated this hearing was
continued from January 27, 2009 when she closed the public hearing. Mrs. Kelley asked
the Board to review the 6 criteria of a special permit and the site plan submitted for this
proposal. She commented the Board could place whatever condition they felt was needed
on the decision and then vote. She added this proposal is subject to review by the
Planning Board with their recommendations. The public meeting was opened. Ms.
O'Brien asked who determined the new two entrance plan and if the Fire Department
approved the design. Mr. Owens McCullough responded that the new proposed plans for
two entrances were submitted to the Fire Department to review. He added he had not
heard any reply on the proposal. Mr. Margolis suggested that the second access should
have been placed in another location. He had concerns that the two exits were too close
to each other. He commented that if there was an airplane crash or a large tree fell, both
exits could be harmed at the same time. Mr. Glovsky responded that the Planning Board
and Traffic Commission would review this proposal. Ms. Gougian asked if it were two -
way traffic. Mr. Glovsky responded yes, it is two -way traffic. Ms. Brusca stated she
does not know if this development will be detrimental to the IR zone. She commented
that there is a development in Danvers that abuts this property and it seems to work. Mr.
Ferguson stated he made two site visits and spoke of the following 6 Criteria's for
obtaining a special permit:
1. City water and sewer system have adequate capacity to serve the proposed
project.
2. There is no factual evidence that presented that property values will be adversely
affected by this proposal.
3. No undue traffic or nuisance will be created by this project. He added that he had
conducted a "mini- traffic report" on Monday, February 4 th from 2:00 -3:00 p.m.
He stated it does reasonable agree with the Vanasse & Associates Traffic
Assessment Report filed by the petitioner.
4. No valid objections based on demonstrable fact exist. He stated he did disagree
with some of the airport issues presented. 737 take offs and landings are not the
norm in Beverly Airport according to personal I questioned. He interviewed the
Community Relations Director of Emeritus at Cherry Hill, and they tend to
support a position of no valid objection. The same has been established by
telephone call today from the Property Manager of Conant Properties who are the
direct abutter.
5. Adequate operations to maintain the usage will be in place. Mr. Ferguson stated
that 100% minimum occupancy of 55 yrs. of age. That 15% affordable housing
minimum occupancy will be maintained. That applicant proposes as a condition
that specifications for building on the subject property shall require the instillation
of noise rated glass in all exterior doors and windows of the residential suites to
reduce noise impact. Mr. Ferguson would like to expand the conditions to
include: That 10% of the residential units to be designated as well as equipped for
those with disabilities as described by 29 -2,B, #58 c, a section of the Beverly City
Zoning by Laws. That snow removal and mitigation be accomplished with a
minimum usage of any snow and ice melting chemicals. Finally that all
landscaping species be maintained in perpetuity and all "die -off' be replaced.
6. The proposed use is appropriate for the location. Mr. Ferguson stated this was the
most difficult of the criteria's and there will be extensive deliberation.
Chairperson Kelley stated there are objections to this proposal from abutters. She added
that she realized this was not the best business for the property, however, there were not
many options. She commented that she had issues with the setback between the cottages
and the parking area. Ms. O'Brien stated that with conditions placed on the decision she
could be in favor of this proposal. Mr. Ferguson commented the noise from the airplanes
would probably be louder during the summer months because the resident's windows
would be open. Mr. Margolis stated there shall be a deed restriction for such affordable
units, regardless of the form of ownership or tenancy that ensures occupancy of the units
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by those of low or moderate income as defined by HUD in perpetuity and any changes
must come back to this Board to be voted upon. Ms. Gougian asked what the name of
this development would be. Mark Lowen of Curry Architecture responded the name of
the development could be simply "Beverly Retirement" or something that gives Beverly
meaning. He commented that there might even be a contest to determine the name of the
retirement development. Ms. O'Brien noticed there was no landscaping design on the
proposal. Attorney Glovsky responded that there is no landscaping on the plans because
the Planning Board would review that during the site plan review process. Ms. Brusca is
a member of The Design Review Board and she stated she shall inform the members of
tonight's Board of Appeal meeting outcome. A discussion followed on conditions to be
placed upon the decision. Attorney K. Faulk stated that adding the 3r residential
property in or near the IR Zone will make it worse for the business owners who have
owned their land for years. Ferguson commented that having a Use is better than not
having one.
Ms. O'Brien made a motion to approve the special permit request to Harvest
Development, LLC, Cherry Hill Drive /Conant Street, with the following conditions:
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 the property values in the district will be
adversely affected by 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.
g. That the FAA and Massachusetts Aeronautics Commission approve the proposal
h. That Management shall inform all prospective tenants of the proximity of the
Beverly Airport, and likelihood of exposure top noise and aircraft, and the
prospect of increased airport traffic. The Renter/Lessee must sign a noise
disclosure statement Specifications for buildings on the subject property shall
require the installation of noise rated glass in all exterior doors and windows of
the residential suites to reduce noise impact. That the selection of tenants
subsidized or affordable housing units shall be carried out by under an affirmative
market plan approved by the City's Planning Director.
i. That to be environmentally friendly, no hazardous chemicals are to be used in the
removal of snow and ice removal.
j. That if the Planning Board requires any changes, in massing for example, those
changes be incorporated into the decision without having to come back to the
Board of Appeals.
k. That the windows installed in the buildings be thermo pane to minimize the
aircraft noise.
1. That all landscaping species should be maintained in perpetuity and all die -off
should be replaced.
Seconded by Mr. Margolis. Motion carries 5 — 0. (Kelley, O'Brien, Ferguson, Brusca,
and Margolis in favor)
Meeting adjourned at 9:00 p.m.
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