2013-07-16CITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Date:
Location:
Members Present
Members Absent:
Others Present:
Recorder:
Planning Board Meeting
Tuesday, July 16, 2013
Beverly City Hall
Chairman Richard Dinkin, Ellen Flannery, Charles Harris, Ellen
Hutchinson, David Mack, Michael O'Brien
Vice Chair John Thomson, James Matz, John Mullady
Assistant City Planner Leah Zambernardi
Eileen Sacco
Dinkin calls the meeting to order at 7:00 p.m.
Subdivision Approval Not Required Plans (SANR's)
There are no SANR's this evening.
Request for Minor Modification to Approved Site Plan #107 -12— Northwest Parking Deck —
Cummin2s Center — Beverly Commerce Park, LLP
Steve Drohosky addresses the Planning Board and states that this is the last piece of
administrative business relative to the proposed driveway opening in the northwest parking deck
special permit that was approved by the Planning Board at the June 2013 meeting. He requested
that the Board approve a determination that the addition of the new exit as it was approved by the
Special Permit is a minor modification to the approved site plan.
Dinkin explained that the task of the Planning Board is to determine whether the proposed change
is minor in nature and if so, a vote is needed on the substance of the request.
There being no further questions or comments regarding this matter:
O'Brien: Motion that the Planning Board find that the request for a Minor Modification to
the Approved Site Plan #107 -12 — Northwest Parking Deck for the Cummings
Center, Beverly Commerce Park LLC is a Minor Modification. Flannery
seconded the motion. The motion carries (4 -0 -1) with Hutchinson abstaining.
Harris: Moved to approve the Minor Modification for the Approved Site Plan #107 -12 —
Northwest Parking Deck for the Cummings Center, Beverly Commerce Park LLC.
Flannery seconded the motion. The motion carries (4 -0 -1) with Hutchinson
abstaining.
Beverly Planning Board Minutes
July 16, 2013
Cluster Subdivision Plan — Chapman's Corner Estates (Settlement Plan) — Expiration of
Construction Completion Date — Manor Homes Development, LLC
Zambernardi explains that the Board approved the cluster subdivision plan in July 2008 at the
corner of Hale Street and Boyles Street which involved the creation of Whitehall Circle with
access from Boyles Street and Birch Woods Drive, creating frontage for 32 building lots and a 6
acre open space parcel.
Zambernardi explains that the original completion deadline was July 28, 2010 and the Board
granted a one -year extension of that deadline to July 28, 2011. She further explains that on July
19, 2011, the Board acknowledged that the project receives an automatic 2 -year extension of the
completion deadline pursuant to the "Permit Extension Act ", Section 173 of Chapter 240 of the
Acts of 2010, making the new completion deadline July 28, 2013.
Zambernardi reported that the Board has received a letter from Kim Kramer of Berluti
McLaughlin & Kutchin, requesting acknowledgement that the project is to receive another 2 -year
extension of the completion deadline pursuant to the "Permit Extension Act ", Section 173,
Chapter 240 of the Acts of 2010 as amended by Sections 74 and 75 of Chapter 238 of the Acts of
2012, which automatically extends projects by an additional two years and therefore the new
completion date for Chapman's Corner is extended to July 28, 2015.
Harris: Motion to acknowledge that the completion date for Chapman's Corner
Subdivision has been advanced to July 28, 2015. The motion carries (5 -0).
Approval of Minutes
The minutes of the Planning Board meetings held on April 9, 2013, April 16, 2013, May 1, 2013,
May 6, 2013, and May 21, 2013 were presented for approval.
Hutchinson: Motion to approve the minutes of the Planning Board meetings held April 9, 2013,
April 16, 2013, May 1, 2013, May 6, 2013, and May 21, 2013 on as submitted.
Harris seconded the motion. The motion carried (5 -0).
New /Other Business
Public Hearing on Brimbal Avenue Zoning Changes
Zambernardi explained that proposed zoning changes for Brimbal Avenue have been submitted to
the Beverly City Council and the City Council has scheduled a joint public hearing with the
Planning Board for Tuesday, September 3, 2013 at 7:30 p.m.
Discussion Regarding Planning Board Meeting Notices and Correspondence
Mack suggests that the make a request to the City Solicitor to see if it is possible to make letters
and comments from city departments and other city boards and commissions available
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Beverly Planning Board Minutes
July 16, 2013
electronically so that they do not have to be read at the meetings. It was also suggested that the
Board investigate whether exact times need to be posted for the start of public hearings on the
agenda, noting that if an item gets postponed or canceled the Board has to wait until the specified
time to start the public hearings.
Dinkin states that it is his understanding that the posting of a public hearing must contain a date
and time certain but he is willing to get an opinion from the City Solicitor on the matter.
Zambernardi noted that the Conservation Commission and the Zoning Board of Appeal post their
hearings to start at the start of the meeting and continues on with the agenda throughout the
evening. She will check with the City Solicitor on the requests.
Dinkin recessed the meeting for scheduled public hearings.
Recess for Public Hearings
Flannery: Motion to recess for public hearings. O'Brien seconded the motion. The motion
carried (5 -0)
Public Hearing — Modification #1 to Site Plan Review Application #104 -11 — 128 Park
Street — Wayne Realty Trust
Zambernardi reads legal notice.
Mr. Wayne Britton addresses the Board and explains that the Board approved the site plan for
128 Park Street in October of 2011 to build two multi- tenant industrial garages totally 33,387 s.f.
containing 17 units and an office area. He noted that at the last Planning Board meeting he
requested a minor site plan modification to allow that a loading platform be added to the back of
Unit A -9 which is located at the rear left of the site. After some discussion regarding the matter
at the last meeting it became evident that the loading platform would encroach upon the MBTA
owned land at the rear of the site and he informed the Board that he was in the process of
obtaining permission to use the MBTA's land for the loading platform. It was also noted that the
plans that he submitted did not show how a truck would access the loading platform and parking
spaces were shown blocking the access point to the loading platform.
Britton noted that the Board denied the request as submitted at the last meeting and he has filed a
formal modification of the site plan to allow for the loading platform. A letter was submitted with
supporting documents from the designated representative of the MBTA, indicating that the
MBTA will convey an easement to Wayne Realty Trust and that they may proceed with the
permitting for the construction of the loading platform at unit A -9.
Dinkin noted that he was hoping to see the actual easement from the MBTA and suggested that if
the Board is inclined to approve this tonight that a condition be placed on the approval that Mr.
Britton will provide the final easement within a specified period of time and suggested 120 days.
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Beverly Planning Board Minutes
July 16, 2013
Flannery noted that there were concerns about the layout of the parking spaces and the access to
the loading dock. Zambernardi explains that Mr. Britton has amended the plan to show a paved
area to the loading platform and it has been reviewed by the Parking and Traffic Commission and
the parking for the site will still be in compliance.
Zambernardi reads comments from the Parking and Traffic Commission, Beverly Conservation
Commission, Design Review Board, and the Engineering Department.
Zambernardi notes that the Engineering Department reported that according to city records the
applicant has not complied with the terms set forth in their storm water management plan as
provided to the City in 2011, as records were never submitted during construction, nor were they
submitted annually as required. She noted that Mr. Britton satisfied this requirement today with
Eric Barber.
Dinkin opens the hearing up for public comment at this time. There is no one present who wishes
to comment on this matter.
Dinkin declares the public hearing closed.
Hutchinson: Motion to approve the proposed modification to site plan Review Application
#104 -11 — 128 Park Street — Wayne Realty Trust, with the condition that the
applicant submit written proof of the easement with the MBTA within 120 days of
the granting of this decision and that the conditions recommended by other city
Boards and Commissions be included in the approval. Mack seconded the motion.
The motion carries (5 -0).
Continuation of Public Hearing — Site Plan Review Application #111 -13 — 50 Dunham
Road — Anderson Clark LLP
Mack: Motion to waive the reading of the legal notice. Hutchinson seconded the motion.
The motion carried (5 -0).
Steve Drohosky addresses the Planning Board and recalls that the public hearing began on June
18, 2013 and was continued at their request without discussion. He explained that they are
proposing to construct a mixed use building and parking structure at 50 Dunham Road which is proposed
to be a 120 square foot building on the site of the former Parker Brothers Headquarters. He also noted that
they are proposing a 5 -story parking garage next to it with a connecting foot bridge.
He noted that this is an as of right project and no variances are needed and it is outside of the No Disturb
Zone relative to the Conservation Commission.
Drohosky reported that the Parking and Traffic Commission requested a traffic analysis and they hired
Jacobs Engineering to conduct the study of the traffic around the site. He also reported that they have met
with the neighbors to talk about screening for the project.
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Beverly Planning Board Minutes
July 16, 2013
Drohosky reported that the traffic survey shows that the interchange at Brimbal Avenue is sufficient at this
time and the level of service would be in an acceptable range. He also noted that if another building were
to be built on the site there would have to be some mitigation for the additional traffic and changes to the
level of service. He reported that they met with the Parking and Traffic Commission and they requested
that they go back to them a year after the Certificate of Occupancy is issued to review what is happening in
the area.
Drohosky also reported that a neighborhood meeting was held and the neighbors were in agreement in
principal of the plan for the proposed vegetated screening for the site. He explained that there was a
request for screening to block the building from the view of the residents.
Dinkin asked if the proposed screening would cost any residential parking. Drohosky explains that there
may be some reconfiguration but it will be preserved and explained the location on the plan. He noted that
they held productive conversations with the neighbors and they want to maintain a good relationship with
them.
Zambernardi reads letters from the Board of Health, Design Review Board, Beverly Fire Department and
the Beverly Conservation Commission into the record.
O'Brien asked if the reconfiguration of the Brimbal Avenue exchange would affect the project. Drohosky
reviewed the plans with the Board.
Dinkin opened the hearing up for public comment at this time.
Ted Rigante representing the condo owners addresses the Board and stated that they have been working
with Mr. Drohosky and his team and they have come to an agreement in principal. He stated that he is
satisfied. Dinkin asked if they are going to draft a formal agreement. Drohosky states that he anticipates
that a document will be in place in two weeks.
Dinkin reviews the Parking and Traffic Commission recommendation regarding traffic. He states that he is
curious as to why wait a year, questioning whether they would have the building taken down if the traffic is
degraded. Drohosky explains that there may be modest solutions that could be proposed to alleviate traffic
concerns such as direction of traffic flow etc.
Mack asks if the existing parking on the site is adequate. Drohosky explains that the total parking on the
site is 793 spaces and 730 are required.
Harris expresses concern about traffic from the North Shore Music Theater. Dinkin notes that the traffic
from the North Shore Music Theater is outside of normal business hours.
Flannery asks if there are any traffic concerns for the residents of Colonial Road. Drohosky explains that
the traffic study indicates that there will be minimal impact.
There being no further questions or comments regarding this matter, Dinkin declares the public hearing
closed.
Discussion/Decision — Site Plan Review Application #111 -13 — 50 Dunham Road —
Anderson Clark LLP
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Beverly Planning Board Minutes
July 16, 2013
Mack: Motion to approve the Site Plan Review Application #111 -13 for 50 Dunham
Road subject to the incorporation of all letters and comments from departments
and further provide for a condition that the applicant go back to the Parking and
Traffic Commission within a year of the issuance of the Certificate of Occupancy
to review traffic conditions. Flannery seconded the motion. The motion carried
(5 -0).
Adjournment
There being no further business to come before the Planning Board this evening a motion was
made by Mack to adjourn the meeting, seconded by Flannery. The motion carried (5 -0)
The meeting was adjourned at 8:30 p.m.
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