2014-06-17Draft Beverly Planning Board
June 17, 2014
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Planning Board Meeting
Date:
Tuesday, June 17, 2014
Location:
City Hall
Members Present
Chair John Thomson, Vice Chair Ellen Hutchinson, Ellen
Flannery, David Mack, John Mullady, Catherine Barrett, Ned
Barrett, and Wayne Miller
Members Absent:
James Matz
Others Present:
Assistant City Planner Leah Zambernardi
Recorder:
Eileen Sacco
Thomson calls the meeting to order at 7:00 p.m
Subdivision Approval Not Require Plans
City of Beverly — Corner of Balch and Cabot Streets — SANR Plan and Request for Waiver
of Owners' Signatures
Zambernardi explains that the property is located at the corner of Balch and Cabot Streets and
involves 295 s.f from the corner to the street for the Route IA reconstruction project. She also
explains that they are requesting a waiver for the signature of the owner because it is a land
taking associated with the reconstruction project.
Zambernardi explains that she spoke with City Solicitor Stephanie Williams and under normal
circumstances, the owner signature is an acknowledgement and consent of a land transfer, but in
this case it would be in the jurisdiction of the Planning Board to waive the signature and the City
Solicitor has recommended that the Board do so.
C. Barrett asks who is requesting the land taking. Zambernardi explains that the City Engineer is
recommending it.
City Planner Aaron Clausen explained that this is not a situation where the owner is against the
taking and explained that they are not far enough along in the process for them to sign.
N. Barrett asks if it would be part of the right of way for the reconstruction of IA. Clausen
explains that there are 250 temporary and permanent easements needed for the project. He also
explains that there are two land takings to get the square footage for the project. N. Barrett asks
if they have encountered any legal issues with this. Clausen states that there have been no legal
issues.
Hutchinson: motion to endorse the plan and waive the requirement for a signature of the
owner. Mullady seconds the motion. The motion carries (7 -0 -1) with Mack
abstaining.
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June 17, 2014
City of Beverly — Burger King Restaurant — SANR Plan and Request for Waiver of
Owners' Signature
Zambernardi explains that the City Engineer is requesting endorsement of the plan to convey
3,187 s.f from parcel A to the street for a right of way associated with the Route IA project. She
also notes that they are requesting a waiver of the signature of the owner.
N. Barrett asks if this action would take away any of the parking on the Burger King site.
Zambernardi reports that they will still be compliant with zoning requirements for parking on the
site.
Zambernardi reports that the owner has not responded to the city regarding this matter.
Hutchinson: motion to endorse the ANR for the Burger King property on Rantoul Street and
that the signature of the owner be waived. Mullady seconds the motion. The
motion carries (8 -0)
Continuation of Discussion and Recommendation of Citv Council Order #131 Amendment
to the Beverly Zoning Map to include the "'Beverly Harbor Interim Planning Overlay
District" and Amendment to the Beverly Zoning Ordinance Chapter 38 -21 introducing a
new Section (38 -31. F) entitled Beverlv Harbor Interim Planning Overlav District
(BHIPOD).
Mullady recuses himself from discussion of this matter.
Thomson recalls that the Planning Board and the City Council held a Joint Public Hearing last
evening, June 16, 2014 Council Order #131 for an Amendment to the Beverly Zoning Map to
include the "'Beverly Harbor Interim Planning Overlay District" and Amendment to the Beverly
Zoning Ordinance Chapter 38 -21 introducing a new Section (38 -31. F) entitled Beverly Harbor
Interim Planning Overlay District (BHIPOD). He notes that the Planning Board held a Special
Meeting at the conclusion of the public hearing to discuss and make a recommendation to the
City Council.
Thomson explaines for the benefit of those not present at the meeting last evening that the
BHIPOD zoning is being proposed by the City as temporary zoning to cover the time period
during which the State Office of Coastal Zone Management will be reviewing the Beverly DPA
in consideration of the City's request to remove the DPA.
Thomson explains that the BHIPOD is being proposed by the City in order to have wide
discretion in reviewing proposals for the waterfront area. He noted that by right uses have not
been changed with the exception of the elimination of multiunit dwellings. He also notes that
there are more Special Permit criteria included to add more attention to the use of materials,
scale to the surrounding neighborhood and the relationship to the public way including the water
side. He states that the Board continued the discussion and recommendation to this evening
noting that members had some questions on the amendment.
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Draft Beverly Planning Board
June 17, 2014
C. Barrett notes that there was concern by a member of the public about the regulation regarding
"view corridors ". Clausen states that it is included to preserve some view of the water and notes
that they could be considered on a case by case basis.
N. Barrett asks what is before the Board this evening.
Thomson explains that the role of the Planning Board in this matter is to make a recommendation
to the City Council within 21 days of the close of the public hearing. He also explains that the
City Council Committee on Legal Affairs will review the recommendation of the Board when
they receive it.
Zambernardi suggests that the Planning Staff could draft some language regarding the view
corridor that could be included in the recommendation to Legal Affairs.
Zambernardi reports that the City Council will be holding a Special Meeting on July 9, 2014 and
the amendment could be submitted then. She notes that the City Council would then have 90
days to act on the amendment.
Miller recalls that the two year time period could be extended if the rezoning has not been
completed by a vote of the City Council for 6 months. He recommends that the time frame be
for 1 year with a six month extension if needed. He asks if there is any case law on this within
the last two years. Clausen explains that the time limit is in place because this is temporary
zoning. He also states that he did not think that this would need to be extended noting that they
are starting the public process this month and they intend for it to be a very comprehensive
process.
N. Barrett: Motion to recommend to the Beverly City Council that it adopt the Amendment to
the Beverly Zoning Map to include the "'Beverly Harbor Interim Planning
Overlay District" and Amendment to the Beverly Zoning Ordinance Chapter 38-
21 introducing a new Section (38 -31. F) entitled Beverly Harbor Interim Planning
Overlay District (BHIPOD) with the following recommendations:
1. Restaurant uses should be moved to Special Permit.
2. View Corridors be further defined to include views from both the land and the water.
3. Special Permit criteria be clarified.
Mack states that based on his experience the time limit should be left at two years, noting that it
may not take two years.
C. Barrett seconded the motion. The motion carried (7 -0).
Request for Minor Modification to Site Plan #60 -00 — Commodore Plaza — Not Your
Average Joes — 45 Enon Street — Thomas Alexander, Alexander & Femino
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Atty. Thomas Alexander addresses the Board and explains that the Planning Board approved a
site plan at 45 Enon Street in July 2000 for the redevelopment of the former Commodore
Restaurant parcel into a shopping plaza with associated improvements. The site plan was
modified during the construction phases of the project in 2002, 2003 and 2004 and more recently
the owner received an approval in July of 2013 of a minor site modification to construct a 1,350
s.f addition to the rear of the middle building and to slightly modify the parking layout in that
vicinity.
Alexander explains that they are now requesting a minor modification of the site plan to add a
patio for outdoor seating adjacent to the Not Your Average Joes Restaurant. He further explains
that the proposal would allow for up to 70 seats and the existing parking lot can accommodate
the additional seating. He notes that they have included a parking zoning analysis with the
proposed plans.
Alexander states that the plans show the existing conditions as well as the proposed
improvements which include seating, landscaping detail and proposed materials. He notes that
there will be no buildings or structures having a roof so this proposal does not trigger any zoning
setbacks.
Alexander reports that he has met with the City's permitting review group, including
representatives of the Planning Department, Building Inspector, Fire Department, Conservation
Commission and the Police Department. He notes that their comments were positive and the
Planning Director suggested that a walkway be added alongside of the patio area to connect the
front entrance of the restaurant to the City sidewalk on Enon Street. He states that they have
agreed to that suggestion and it is included on the plan.
Alexander states that the patio will be accessible by entering the restaurant.
Thomson states that the approach is well done and states his opinion that the proposal is minor in
nature noting that they are not adding any buildings to the site.
Hutchinson notes that there is a note on the plan for a possible fire pit on the patio and questions
how close it will be to the building. Alexander explains the location and notes that the Fire
Department has reviewed the plan.
Mack: motion to find that the proposed modification to Site Plan #60 -00 — Commodore
Plaza — Not Your Average Joes, 45 Enon Street is a minor modification. Mullady
seconds the motion. The motion carries (7 -0).
Flannery: motion to approve the minor modification to Site Plan #60 -00, Commodore Plaza
Not Your Average Joes — 45 Enon Street. Hutchinson seconds the motion. The
motion carried (7 -0).
Recess for Public Hearing
Hutchinson moved to recess for a public hearing at this time. Flannery seconded the motion.
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Draft Beverly Planning Board
June 17, 2014
The motion carries (7 -0).
Request for Modification #1 to Site Plan #108 -12 — Inclusionary Housing #04 -12- Cabot
Street Apartments — 130 Cabot Street LLC
Zambernardi reads legal notice.
Attorney Chris Latham and Dan Skolsky are present for the applicant, Jeff Holloran.
Latham explains that at the last meeting the Board found that the requested modifications to the
project are major modifications. He reviewed the history of the site and his client with the
Board.
Latham explains that the proposed modifications as follows:
1. The proposed modifications conform to current zoning requirements including parking
2. The density of the project has been reduced to a new three story building with 11
residential units and 2 commercial spaces. The commercial spaces have not changed in
size.
The mix of residential units will be 1 studio, (8) one bedroom units and (2) three
bedroom units.
4. The total bedroom count has been reduced from 25 to 15 bedrooms
5. 13 Parking spaces are required for the residential units and they are provided onsite in the
rear lot. The parking spaces for the commercial units are provided in the municipal lot
across Cabot Street.
6. Elimination of the Vestry Street parking space and incorporation of more landscaping to
the plans.
Latham explains that the plan fully complies with the Massachusetts Building Code and further
noted that his client intends to maintain ownership of the property and does not intend to sell it.
Dan Skolsky addresses the Board and reviews the plans. He notes that the proposed reduction in
units has a big impact on a project of this size.
Mack notes that this is an as of right project and the task of the Planning Board is to approve the
project. Zambernardi agreed.
C. Barrett asks if the two commercial parking spaces will be onsite. Skolsky explains that they
will be no commercial parking on the site, noting that there will be a loading zone that will be
available for parking when not in use.
Thomson opens the hearing up for questions regarding the proposal at this time.
Rose Maglio of 30 Pleasant Street addresses the Board and notes that the plans show 15 HVAC
units and only 13 are needed for the project. She also questioned the adequacy of the storage
area proposed for trash. Latham states that they will remove trash in a timely manner.
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Maglio also expresses concern about the trash trucks blocking Vestry Street to get into the site.
Zambernardi suggests that the Board could place a condition on the approval that trash pick up
vehicles shall not block Vestry Street.
Maglio also expresses concern about the side yard setbacks for the site noting that 8.9 feet does
not meet the requirement.
Mullady notes that there have been substantial changes made to the plan and reviews the
changes.
Zambernardi explains the zoning requirements for CC district Section 38 -B4, noting that they are
50 feet in the adjoining RHD district and this plan has been submitted under the CC district.
A question was raised regarding the noise mitigation for the HVAC units. Skolsky explains that
they will be small residential units and they are quieter than commercial units. He also notes that
they would be installing a 6 foot wood fence that will be along the property line.
Thomson asks if there are any conditions that the Board issued in the original approval for the
site. Zambernardi reports that there was reference to a letter from the Board of Health from
2012 -13 regarding noise mitigation for the HVAC units. Thomson notes that the noise ordinance
requires that HVAC units meet certain standards.
Maglio addresses the Board again and notes that the HVAC units should be five feet from the
property line and should be screened.
Dana Acchiavatti of Elm Street addresses the Board and asks if they know what kinds of
businesses will be tenants. Latham states that they do not know yet.
Thomson opens the hearing up for public comment in support of the project at this time.
Jay Levy of 145 -149 Cabot Street addresses the Board and stated that he is an abutter to the
property. He states that it is a blighted empty lot and he feels that this is a good proposal and he
is here this evening to support the project.
Gin Wallace, Executive Director of Beverly Main Street addresses the Board and states that
Main Streets has submitted a letter of support for the project. She stated that they have been
promoting a vibrant downtown and this project would add a lot to that area and will be good for
the community.
Thomson opens the hearing up for public comment in opposition of the project at this time.
Rose Maglio of 30 Pleasant Street addresses the Board and states that this project is too big for
that site. She also stated that she is concerned about parking and snow storage on the site.
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Dana Acciavatti addresses the Board and states that a special permit should be required for this
project.
A resident of 144 Cabot Street addresses the Board and stated that he does not want this project
in front of his home.
Elizabeta Veliaj of 144 Cabot Street addresses the Board and expresses her concern that even
though they reduced the number of units she is still concerned about increased traffic.
Dana Acciavatti addresses the Board and questions if the zoning for the area has been changed to
accommodate this building. Zambernardi explains that the parking requirements are more
restrictive than previously.
Mullady notes that the city should keep track of the parking that is being used in municipal lots
so that parking spaces are not being used twice.
Peter Gunn addresses the Board and states that he is concerned about the noise from the HVAC
units
The owner of 144 Cabot Street addresses the Planning Board and expresses her concern about
the location of the project in relation to her property.
There being no further questions or comments regarding this project. Mack moved to close the
public hearing. N. Barrett seconded the motion. The motion carried (7 -0).
Discussion/Decision - Reauest for Modification #1 to Site Plan #108 -12 — Inclusionar
Housing #04 -12- Cabot Street Apartments — 130 Cabot Street LLC
N. Barrett: motion to approve Modification #1 to to Site Plan #108 -12 — Inclusionary
Housing #04 -12- Cabot Street Apartments — 130 Cabot Street LLC.
Miller seconds the motion. The motion carries (7 -0).
N. Barrett: motion to approve the Inclusionary Housing Plan #04 -12. Miller
seconded the motion. The motion carries (7 -0).
Old/New Business
Zambernardi reminds members that the Planning Board / Zoning Board training sessions will be
held on June 21s and June 28 from 8:00 a.m. to 10:00 a.m. at City Hall in the Council
Chambers.
Planning Board Representative on CPA Committee
Zambernardi explains that Chairperson Thomson serves on the Community Preservation Act
Committee as the Planning Board's representative and the appointment expires on July 31, 2014
and the Board must designate the Planning Board representative.
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Mullady expresses his interest in serving on the Committee. Thomson explains that the CPA
Committee is deep into the process and is now beginning to make the tough decisions. He states
that he would like to finish this application round and could step down later in the year in order
for someone else to take over.
Flannery: motion to reappoint John Thomson as the Planning Board Representative to the
Community Preservation Committee. Mullady seconds the motion. The motion
carries (7 -0).
Approval of Minutes
The minutes of the Planning Board meetings held on March 3, 2014, March 18, 2014 and April
8, 2014 were presented for approval.
Flannery moved approval of the minutes with suggested amendments. Hutchinson seconds the
motion. The motion carries (7 -0).
Adjournment
There being no further business to come before the Planning Board this evening a motion was
made by Flannery to adjourn the meeting, seconded by Hutchinson. The motion carries (8 -0)
The meeting was adjourned at 9:30 p.m.
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