2015-02-10Beverly Planning Board
February 10, 2015
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Board: Planning Board Meeting
Date: February 10, 2015
Location: Beverly Senior Center
Members Present Chair John Thomson, Vice ChairEllen Hutchinson (arrived at 7:20
p.m.), Ellen Flannery,John Mullady, Catherine Barrett, David
Matz, David Mack, Ned Barrett and Wayne Miller
Members Absent: None
Others Present: Assistant City Planner Leah Zambernardi, and City Planner Aaron
Clausen
Recorder:
Eileen Sacco
Thomson calls the meeting to order at 6:30 p.m.
Flannery: motion to recess for public hearings. Miller seconds the motion. The motion
carries (9 -0).
Concurrent Public Hearings — Site Plan Review Application #113 -14 and Special Permit
Application #139 -14 —Site Plan Review Application to Build out North Shore Crossing —
140 Brimbal Avenue — CEA Beverly LLC
Thomson states the purpose of the meeting is to continue the public hearing.
The Board votes to waive reading of the legal public notice.
City Council President Paul Guanci states he is opposed to the project. He states his concerns
about impact on community based businesses. He states his concerns about Northridge and
about the impact on property values. He states his belief that traffic will be overwhelming. He
states his support for traffic improvements and of a more appropriate development of the site
such as a car dealership.
Dan D'Angelis of Brimbal Avenue addresses the Board and expresses his concern about the
project. He notes that the Dodge Street intersection has not been addressed and notes that the
neighbors are concerned about noise, exhaust, and idling cars. He states that the taxpayers
should not have to endure this and he is perplexed as to how the Parking and Traffic Commission
signed off on this.
D'Angelis stated that the interchange project was developed to improve public safety and notes
that there are many unresolved issues and unknowns with this project and it is his personal
opinion that the project will place an undue burden on the neighbors and the city. He further
stated that if this project is approved it will be for the additional tax dollars it will bring to the
city.
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Beverly Planning Board
February 10, 2015
Dan Foley of Brimbal Hill Drive explains his opposition to the project.
Mr. Bourgois of 9 Walnut Avenue addresses the Board and states that he is disappointed that
there is no representation for North Beverly on the Planning Board. He states that the area of the
McKay school is well represented by Councilor Latter and nobody is doing that for North
Beverly. He also stated that he wrote a letter to the Mayor because a girl on a bike almost got hit
by a car. He states*that the traffic is frightening and he prays to God that no one gets hurt.
Katherine Myers of 176 Colon Street addresses the Board and states that she respectfully
requests that the Planning Board deny the permits. She states that she has attended every
meeting regarding this project and has had discussion with the Monserrat Neighborhood Group.
She questions whether the project meets all the criteria for the special permit noting that two of
the criteria is that no undue traffic will result from the project and that there is no valid
objections from the abutters.
Ms. Myers also states that the property values in the neighborhood will be affected by this
project. She notes that it is not about the jobs that Whole Foods will bring to the city. She states
that she trusts and hopes that the Planning Board will continue to do their job and deny the
proj ect.
Mr. Rick Mooney of 282 Dodge Street addresses the Board and states that he questions if the site
is appropriate for the proposed use and notes that it will affect property values of homes in the
neighborhood. He also states that Brimbal Avenue traffic is a concern and notes that there is a
long list of available commercial space available in Beverly.
He also states that undue traffic will affect police and fire response times noting that more traffic
will exacerbate the problems that are already there and it is unreasonable to expect the neighbors
to live with this. He also notes that the delivery restrictions on the Whole Foods in Lynnfield are
ignored.
Paulette Misins of 11 Walnut Avenue addresses the Board and stated that the special permit
requested does not have the best intentions for the community in mind. She referred to the
Parking and Traffic Commission approval of this and Mr. Benevento's comment regarding
negative traffic for this project.
She also stated that elected and appointed officials of Beverly should be waiting for the new
traffic configuration to be completed to see if it works.
Michael Wogan of 15 Walnut Avenue addresses the Board and states that there are seven schools
in the area that need to be considered. He also notes that the lot on the corner of Tozier Road has
been sold and they are breaking ground in March and that project has not been taken into
consideration regarding this project. He also notes that the North Shore Music Theater produces
gigantic amount of traffic.
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Beverly Planning Board
February 10, 2015
Pam D'Angelis addresses the Board and expresses her concerns about the special permit and
reviews the criteria. She states that there are quality of life issue that affect the neighborhood.
She also questions that Whole Foods will be good for Beverly noting that a promotional packet
from Whole Foods states all the good they can do for Beverly but urged the Board to consider
the source noting that they are a business and they do a clever job of branding themselves and
making a profit. Ms. D'Angelis also expressed concern about property values and urged the
Board to deny the application for the special permit
Dan D'Angelis of 7 Brimbal Avenue addresses the Board again and states that he echo's his
wife's concerns regarding the approval of this project. He also thanked all of the neighbors and
community members who have been involved in this for the past 2 1 /2 years.
Carol Chaulk of 191 Brimbal Avenue addresses the Board and questions what if the studies and
the data presented are not right and what if they are off by 15 -20 %. He states that he lives on
that street and he wants to be able to get out of his driveway. He further notes that he is also
concerned about quality of life issues in the neighborhood and urged the Board to deny the
special permit and. let them build on their property what they can by right.
Bill Soares of Putnam Street addresses the Board and states that he submitted some material to
the Board for their consideration and thanked them for reading it. He notes that he has lived in
the neighborhood most of his life and he has seen too much with traffic and kids. He explains
that when traffic backs up on Brimbal Avenue, Putnam Street is used as a cut through. He notes
that the state did not approve the land swap proposed two years ago and they are still here.
Soares states that he is concerned about the mobility of pedestrian in the neighborhood noting
that extra non controlled curb cuts will add to the problems noting that restricting turns will not
prevent unauthorized turns. He states that this is not a good design.
Soares also states that they have the smallest allowable parking spaces proposed for the site
noting that grocery stores should have 10x20 foot spaces and states that the Planning Board has
the responsibility to ensure that the right thing is done regarding parking. He also questions the
number of parking spaces provided compared to what is allowed by zoning. He also state that
there is no reasonable plan for snow storage on the site.
Soares also states that the proposed $200,000 fair share contribution offered by Whole Foods for
mitigation is not adequate. He further notes that there are concerns about drainage from the site
by the abutters.
Meg Anderson addresses the Board and notes that Phase II of the Cummings project on Dunham
Road will suffer from this project noting that it will less attractive space with all of the traffic
that Whole Foods will draw. She also urged the Board to think about the quality of life issues in
the neighborhood.
Josh Morris of 38 Budleigh Street addresses the Board and states that he feels that this project is
inconsistent with the Beverly master plan. He also states that he is concerned about drainage
issues on the site.
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Beverly Planning Board
February 10, 2015
Chairman Thomson addresses those present and notes that there has been a subsequent letter
submitted to the Board from the City Engineer that concludes that all points raised regarding
drainage have been satisfied.
Morris states that he is also concerned that the lack of public transportation noting limited bus
service in the area and the closest bus stop being a half mile from the site. He urged the Board to
deny the special permit.
Jennifer Morrisof 38 Budleigh addresses the Board and states that there have been zoning
changes made since 2005 specific to this property and urged the Board to vote no to retail uses
on the site. She notes that the current traffic in the area is intensive and problematic compared to
the previous proposal. She reviews the criteria for a special permit. She also notes that there are
already three or four grocery stores in the city.
Rick Marciano addresses the Board and questions why the city is paying for any drainage
improvements to this area. He also recalls that in 2013 the citizens of Beverly spoke against this
project and the traffic that it will create and voted against it in a special election.
Peter Walker of 76 Baker states he is opposed to the project.
Myron Hood of 7 Auburn Road addresses the Board and states that he is opposed to the project
and the special permit should be denied. He also questions the approval of the Parking and
Traffic Commission, and states that Beverly does not have the money to do what needs to be
done in that neighborhood and it will have a major impact on the city. He also notes that traffic
lights at Colon Street will back the traffic up Essex Street and traffic will be grid locked.
Councilor Jim Latter addresses the Board and states that there are various opinions on this
project. He referred to the curb cut proposed for Sohier Road and questions if it could be
changed to an exit and reduce the width of the driveway from 24 feet to 16 feet.
Councilor Don Martin addresses the Board and states that he lives at 27 Berrywood Lane. He
stated that in 2009 he voted against the IR District Overlay for Brimbal Avenue and he is
opposed to a Whole Foods at this location. He states that residents have fears about quality of
life issues and the negative impact that traffic will have on the neighborhood. He further states
that the neighbors will suffer significantly if traffic is as bad as he believes it could be.
Councilor Martin questions what the back -up plan is if after the six month review recommended
by the Parking and Traffic Commission finds that this is not working. He states that the city
must work with the state to fast track phase two of the interchange project.
Councilor Matt St. Hillaire addresses the Board and states that the Board needs to be sure that
quality of life issues and increased traffic are minimized. He notes that there are six criteria for a
special permit that need to be met and he has heard concerns from the neighbors about most of
them. He urged the Board to deny the special permit and let the developer build a project by
right that that will have less of an effect on the neighborhood.
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Beverly Planning Board
February 10, 2015
Councilor St. Hillaire also notes that the developer should have realized how close this project is
to the K building in the condo property. He also states that he is concerned about truck
deliveries to the Whole Foods and the width of the road in the back of the building.
Amy Donovan of 10 Berrywood addresses the Board.
Attorney Thomas ' Alexander addresses the Board and states that he commends the Planning
Board for their thorough review of this project.
Alexander notes the Special Permit criteria and explains the mixed use commercial development
that is allowed in the IR district. He states that the proposed development is appropriate for the
site and reviews the special permit process.
Alexander states that the development is consistent with the City of Beverly master plan. He
also notes that in the special, election held last year 9 or 12 precincts voted in favor other the
issue.
Alexander states that the Design Review Board has reviewed the project and unanimously
recommended approval of it. He also notes that they have received various permits from the city
that are required for the project, noting that they have been to the Parking and Traffic
Commission and received a recommendation and the Beverly Conservation Commission which
issued an order of conditions for the project.
Alexander states that a letter has been submitted to the Board from Bruce Nardella, Chair of the
Better for Beverly Committee in support of the project. Zambernardi acknowledges receipt of
the letter and reads the letter to the Board.
Alexander also notes that at the request of Chairman Thomson they prepare a plan of a by right
project as well as an additional traffic study.
Alexander reviews the process and the documentation that has been submitted to support the
application for the Special Permit. He concludes by asking that the Board give credence to the
various reports that have been submitted and approve the Special Permit.
Thomson asks if the members of the Board have any questions at this time.
Mack addresses the applicant and asks if there is any single list of the conditions that they would
be prepared to accept.
Alexander states that they have agreed to the following conditions:
Replacement of 24 inch pipe
A $200,000 fair share contribution for mitigation improvements
Provide a buffer for the North Ridge Condominiums
Construction is subject to the completion of the Round Abouts in the Brimbal Ave improvements
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Beverly Planning Board
February 10, 2015
Successful application to the state Department of Transportation
C Barrett questions if the road improvements on Brimbal Avenue take this project into
consideration. It was noted that the road was designed with future traffic considered.
Thomson asks what the construction time table for the project is. Alexander reports that the
project will not be completed until the Brimbal Avenue interchange project is complete. He
notes that the construction will start this summer but it will not open until the Brimbal Ave.
project is completed.
Thomson asks if the parking spaces as designed meet the city ordinance dimensions. He also
questions why the Sohier Road entrance could not be and exit only.
Mr. Cohen addresses the Board and states that they consulted with the Parking and Traffic
Commission and the City Peer reviewer and they concurred that it would be more advantageous
to disperse traffic in as many directions as possible.
Thomson asks if the Mass Department of Transportation has reviewed the plan for this entrance.
Cohen explains that they have not really seen it and explains that they will be seeking their
permits from the state when they are done with the city process.
Miller questions what the scenario would be if when the traffic review is completed for the 6 and
12 months after completion of the project shows there is a problem. Ron Mueller the traffic
consultant for the project addresses the Board and explains that the MEPA process requires post
monitoring of the site. He states that there was only one case that he knows of where the
projected traffic was what was predicted and notes that most are under what the study predicts.
Miller asks if the schools in the area have been considered in the planning of this development.
Cohen states that the schools have been considered in the process.
Thomson asks if there are any more questions or comments from the Board. There are none.
Thomson thanks those present for the time and patience in this matter and notes that the Planning
Board has tried to make this a fair and balanced process.
Thomson asks for a motion to close the public hearing.
Hutchinson: Motion to close the public hearing. Mack seconds the motion. The
motion carries (9 -0).
Thomson informs those present that the Planning Board will issue a decision on this matter at
their next meeting.
Public Hearing — Special Permit Application #141 -14 — Create One Pork Chop Lot — 51
Standley Street — Thomas Carnevale, Trustee of RC Realty Trust
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Beverly Planning Board
February 10, 2015
Zambernardi reads legal notice.
Attorney Thomas Alexander addresses the Board and explains that he is representing the
applicant, Thomas Carnevale and Donna Sweeney. He explained that the property at 51
Standley Street currently has one residence on it and the applicant intends to split the lot into 2
building lots. He explains that the result will be that one lot will have reduced frontage and they
are asking that the Board allow the reduced frontage utilizing the Pork Chop Shaped lot
ordinance.
Alexander explains that the two lots will be 23,538 s.f. and 36,376 s.f. and both are in excess of
what is required.
Mike Rossetti the Engineer for the applicant addresses the Board and reviews the plans with the
Board. He notes that there was an error in the lot area on the plan for lot #2 and explains that
there is a note on the plan that indicates that the total lot area is 36,376 and the lot area minus the
wetland area = 35,356 and the lot area with lot width greater than 150' minus the wetland area =
21,855.
Rossetti also notes that there is 280 feet of frontage on Standley Street and there is an existing
house and a pool on the site. He reviews the area on the plan.
Miller asks if the existing fence on the site is against the easement. Rossetti explains that there is
15 feet between the easement and the lot line.
Tom Harrington representing the Waring School addresses the Board and explains that they have
had an arrangement for the use of conservation land for their soccer field. He explained that a
portion of the soccer field is being considered for a land swap with the city. He also explains
that they are working with the city on providing additional parking.
Matz states that the right of way is important to the Open Space and Recreation Committee and
notes that access in high demand.
Harrington states that he is opposed to the granting of a special permit at this time stating that it
needs to be clear what kind of building envelope they will be creating.
Alexander states that the nature of the Pork Chop Lot is to create a lot that is a little different,
noting that this is not a variance and their request conforms to the ordinance.
Miller notes that there is a letter from the Board of Health in the packet and it appears that they
have some concerns about an onsite subsurface sewage disposal system.
Thomson suggests that the Board continue the matter to the next meeting of the Board on March
17, 2015.
Mack: Motion to continue the public hearing to the March 17, 2015 meeting of the
Planning Board. Hutchinson seconds the motion. The motion carries (9 -0).
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Beverly Planning Board
February 10, 2015
Public Comment Period and Public Hearing — Open Space Residential Design #5 -14 —
Initial Review and Yield Plan- 8 Lot Subdivision — 44 -42 Standley Street — RC Realty Trust
& Donna Sweeney
Zambernardi reads legal notice.
Mack moves that the Board recess for public hearing at this time. Hutchinson seconds the
motion. The motion carries (9 -0).
Thomson explains that the OSRD application has several stages and the task before the Board at
this time is to review the yield plan for the site and to determine what could be built on the site
by right.
Attorney Thomas Alexander addresses the Board and explains that the applicant has submitted
an OSRD initial review application to subdivide 44 and 52 Standley Street containing 6.2 acres
into 8 building lots.
Rossetti addresses the Board and explains that there is a 16 foot right of way on Standley Street.
He also notes that they have filed with the Beverly Conservation Commission and explains the
existing drainage on the site and notes that the water will be picked up and drawn to a vegetated
swale offsite.
Mack notes that years ago there were issues with drainage on Foster Street and questions how
this project would interact with the existing drainage in the area. Rossetti reviews the plan and
the proposed drainage system. He notes that there will likely be some sort of recharge of
drainage and notes a possible area on the plan. He states that they fully intend to meet the
standards of the DEP and the Beverly Conservation Commission on this project.
Rossetti reviews the proposed yield plan with the Board. He explains that there will be eight (8)
lots with 150 feet of frontage. He notes that the smallest lot will be 22,000 s.f.
Thomson opens the hearing up for public comment at this time.
Thomas Harrington addresses the Board and notes that he is representing the Waring School and
states that they just received these plans today and they will have to hire an engineer to review
them. He requested that the Board delay action on this at this time to allow them to do that.
Thomson agrees and suggests that the matter be continued to the March 17, 2015 Planning Board
meeting.
Mack: Motion to continue the Public Hearing to the next meeting of the Planning Board
on March 17, 2015. Flannery seconds the motion. The motion carries (9 -0).
Request to Set Public Hearing Date — Special Permit Application #142 -15 — Create Two (2)
Pork Chop Lots —140 Colon Street — Estate of Barbara Rowell
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Beverly Planning Board
February 10, 2015
Zambernardi reports that Miranda Gooding of Glovsky and Glovsky has submitted a special
permit request to create two (2) pork chop shaped lots at 140 Colon Street and the Board needs to
set a date for the public hearing.
Thomson suggests that the Board schedule the public hearing for March 17, 2015.
Hutchinson moves to schedule a public hearing for March 17, 2015 for 140 Colon Street, special
permit request. Flannery seconds the motion. The motion carries (9 -0).
Request to Set Public Hearing Date — Special Permit Application #143 -15 and Site Plan
Review Application #115 -15 — Construct Five Story Residential Building within a Mixed
Use Development -181 Elliott Street — Beverly Commerce Park, LLC
Zambernardi reports that the Cummings Center has submitted a site plan review and special
permit application for the construction of a 5 story residential building within the Cummings
Center Property at the corner of Elliott and McKay Streets and the Board needs to set a date for
the public hearing.
Thomson suggests that the Board schedule the public hearing for March 17, 2015.
Hutchinson moves to schedule a public hearing for March 17, 2015 for 181 Elliott Street, site
plan review and Inclusionary Housing Special Permit. Flannery seconds the motion. The
motion carries (9 -0).
Approval of Minutes
There were no minutes approved this evening.
Adiournment
There being no further business to come before the Planning Board this evening a motion
wasmade by Mulladyto adjourn the meeting, seconded by Mack. The motion carried (9 -0)
The meeting was adjourned at 10:30p.m.
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