4 4 16 Planning Bd MinutesCITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Date:
Location:
Members Present:
Members Absent:
Others Present:
Recorder:
Special Meeting of the Planning Board
Monday, April 4, 2016
Beverly City Hall, Conference Room "B"
John Thomson, Ellen Hutchinson, Ellen Flannery, David Mack,
Catherine Barrett, Ned Barrett, James Matz, Wayne Miller,
Michael Rotondo
None
Planning Director Aaron Clausen
Aaron Clausen
Thomson calls the special meeting of the Planning Board to order at 7:30 p.m.
Minor Modification to Site Plan Review Application #119 -16 and Special Permit
Application #148 -16 — 55 CherEj Hill Drive — Krohne Inc.
The applicant describes changes to the site plan since the Board's February 9, 2016 approval for
which Krohne, Inc. is requesting the Board's approval of a minor modification of the approved
plan. Cost engineering and furthering building design indicated they can construct a smaller
addition for the operation of their facility. Therefore, they have reduced the size of the proposed
addition from 42,000 sf to 32,354 sf (a 22% reduction). This change increases the length of the
proposed new driveway entering the site and reduces the building coverage and total site
(including parking) coverage, allowing for greater impervious surface than in the approved plan.
The special permit granting parking relief will not change and the applicant will be closer to
compliance with (though still exceeding) the City's parking requirements.
The Board deliberated on the requested modification. There being no further questions or
comments regarding the matter:
Mack: Motion to find that the requested modification is a minor modification. N. Barrett
seconds the motion. The chair votes in favor. The motion carries (9 -0).
Mack: Motion to approve the minor modification to the Site Plan Review and Special
Permit approval. Hutchinson seconds the motion, noting that all conditions in the
February 22, 2016 decision letter remain valid. The chair votes in favor. The
motion carries (9 -0).
Flannery: Motion to adjourn meeting for Joint Public Hearing with City Council to
reconvene after public hearing. Matz seconds. The motion carries (9 -0).
[Break for Joint Public Hearing with City Council; those minutes follow the special meeting.]
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Beverly Planning Board
April 4, 2016
Board reconvenes and Thomson calls the special meeting of the Planning Board to order at 9:00
p.m.
City Council Order #055A — Zoning Map Amendment to remove Map 55 Lots _I9 20 21
23 24 and Map 56 Lots 20 20A from the "IR Overlay" referred to in Article XXXVIII
Chapter 19
Thomson noted that as a part of the zoning amendment process the Planning Board must provide
the City Council with a recommendation relative to the request. It was confirmed that under the
Zoning Act, Massachusetts General Law Chapter 40A, the Planning Board must provide a
recommendation and report to the City Council within 21 days of the date the public hearing was
held.
The Planning Board discussed testimony made by the applicant as well as comments and
questions raised during the public hearing conducted prior to the special meeting. After
discussion, a majority of the Board made the following findings:
1. The IR Overlay District as it currently exists was originally contemplated and adopted
consistent with objectives established within the City of Beverly Master Plan (2002)
particularly with respect to encouraging commercial /retail development in proximity to
Exit 18 to /from Route 128; and
2. Concerns relative to proposed zoning amendments that are submitted in response to a
particular development, The Board notes that future development projects proposed
within the IR Overlay District will need to seek a special permit by the Planning Board.
The special permit process provides discretion to approve or deny proposed projects in
relation to the special permit criteria which are considered on a case -by -case basis. A
majority of the Board found that the special permit process provides the City with the
opportunity to control and shape development within the IR Overlay District as it is
currently designated.
Mack: Motion to recommend to the City Council that Council order #55A not be adopted
based on the findings described above. Flannery seconded the motion. The motion
carries (7 -2, with C. Barrett and Matz opposed).
Adjournment
There being no further business to come before the Planning Board this evening, Thomson called
for a motion to adjourn.
Hutchinson: Motion to adjourn the meeting. Flannery seconded the motion. The Chair votes in
favor. The motion carries (9 -0).
The meeting was adjourned at 9 :30 p.m.
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
Planning Board: Joint Public Hearing of the Planning Board and the
Beverly City Council
Date: Monday, April 4, 2016
Location: Beverly City Hall, City Council Chambers
Members Present:
John Thomson, Ellen Hutchinson, Ellen Flannery, David Mack,
Catherine Barrett, Ned Barrett, James Matz, Wayne Miller,
Michael Rotondo
Members Absent:
None
Councilors Present:
Council President Paul Guanci, Vice President Scott Houseman,
James Latter, David Lang, Don Martin, Jason Silva, Estelle Rand,
Mathew St. Hilaire, John Frates
Members Absent:
None
Others Present:
City Planner Aaron Clausen, City Clerk Wesley Slate
Recorder:
The Joint Public Hearing meeting was recorded on BevCam TV
and transcribed by Eileen Sacco
Guanci calls the Joint Public Hearing to order at 8:00 p.m. and invites Planning Board Chairman
John Thomson to join him at the podium.
Thomson joins the Council on the Council podium.
Recess for Public Hearings
Latter moves to recess for public hearings at this time. Silva seconds the motion. The motion
carried (9 -0).
Thomson asks for a motion from the PIanning Board to recess for Public Hearings at this time.
Hutchinson: Motion to recess for public hearings at this time. Flannery seconds the motion.
The motion carries (9 -0).
City CIerk Wesley Slate reads Council Order #55A:
ORDERED: Public Hearing: City Council Order #55A -- Ordered that the Beverly City Council
and the Beverly Planning Board hold a Joint Public Hearing on Monday, April 4, 2016 in the
City Council Chamber, City Hall, 3rd floor, 191 Cabot Street, Beverly, MA relative to a
proposed Amendment to the Zoning Map, removing Map 55 Lots 19,20,21,23, 24, and Map 56
Lots 20, 20A from the "IR Overlay" referred to in Article XXXVIII, Chapter 19.
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Beverly Planning Board /Beverly City Council Joint Public Hearing
April 4, 2016
Councilor Guanci recognizes Councilor Martin and asks him to explain the Council Order that he
submitted.
Councilor Martin addresses the Council and Planning Board and explains that in 2009 the IR
Overlay District was established and he was the lone vote against the rezoning. He explains the
changes from the IR District to the IR Overlay District and the uses that resulted from the
change. He states that he believes that the 2009 rezoning was done to allow the CEA Group to
move forward with their proposed development of land and a proposed Whole Foods and other
mixed uses on the site. He states that this development would generate an additional 30,000 cars
in an area that already has heavy traffic. He notes that as a Ward Councilor he had no ability to
stop this development. He states that we cannot take the risk of further retail development in that
area.
Councilor Martin explains that in 2015 he submitted this Order to the City Council with
Councilors St. Hilaire and Guanci and he was asked by Mayor Cahill to withdraw the order in
order for the administration to look at the zoning further. He reported that he was informed that
the Mayor would not be submitting any zoning changes for the area. He further explains that he
refiled the Order along with several other Councilors.
Councilor Silva addressed the City Council and the Planning Board and stated that he was under
the impression that the administration was in favor of this change. City Planner Aaron Clausen
addresses the Council and Planning Board and explains that over a series of meetings with the
property owners and stakeholders involved it was determined that this change would prevent the
owners from using their properties for the highest and best use. He also notes that the master
plan of 2002 calls for a mixed use component in this area. He further notes that there were a lot
of competing intents that overwhelmingly showed the need to maintain the zoning.
Mayor Cahill addresses the City Council and Planning Board and explains that what seemed
black and white became much grayer as the conversations were held with the property owners
and led to his decision not to submit an amendment. He states with that being said if the City
Council votes in favor of the zoning change he would sign it.
Councilor Latter states that at a neighborhood meeting several small business owners in the Park
Street area were concerned that this kind of zoning would affect their businesses. Clausen
explains that this change will not affect Park Street at all noting that the IR Zoning Overlay is on
Brimbal Avenue and the lots described in the suggested amendment are all along Brimbal
Avenue.
Mayor Cahill reported that they are working on a zoning amendment for the Bass River area and
it will be consistent with the zoning on Park Street.
Councilor Houseman stated that this proposed change does not remove the IR Overlay and
explains that it changes only a portion of it. He notes that the neighborhood has seen an
enormous amount of change and it has been difficult for the neighbors.
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Beverly Planning Board /Beverly City Council Joint Public Hearing
April 4, 2016
He notes that the Roller Palace has been sold and there is the potential for an affordable housing
project further down the road and it makes sense to hit the pause button and suggests that the
zoning remain as it is until we see the impacts of the addition of the Whole Foods when the
project is done. He notes that we should wait and see if what the developer predicted in the
planning stages of the project are true and see what the real impact on the neighbor is.
Councillor St. Hilaire stated that he was opposed to the land swap with CEA Group and states
that approving this zoning change is the right thing to do for the neighbors' quality of life and he
plans to support this.
Thomson asks if there are any questions from the members of the Planning Board at this time.
Hutchinson questions if there is any concern that this zoning amendment will restrict the owners
of the property from developing their property in accordance with the zoning that was in place at
the time that they purchased their property.
Councilor Martin states that he believes that the zoning was probably IR when they purchased
their property.
Mack states that certain uses are allowed by Special Permit of the Zoning Board and there are a
few that are allowed by Special Permit of the Planning Board and questions if the change in the
zoning map will eliminate all of the Special Permits by the Zoning Board and the Planning
Board. Clausen reviews the uses that would be allowed. Councilor Martin states that his main
focus is the retail uses.
Guanci opens the public hearing up for public comment at this time.
Ralph Cerundolo, owner of Cycles 128 addresses the Council and Planning Board and states that
his parcels are 20 and 20A and are included in the zoning map change. He states that he
understands the changes will not affect his business but questions if he sells the business if the
use would continue to be allowed. Councilor Guanci explains that if he sells his business and
they continue the existing use it will not be affected. The City Solicitor addresses the Council
and Planning Board and clarifies that there are timing of rights issues with the use being vested.
Mr. Cerundolo also notes that he previously owned lot 20B which is located behind his lots and
he now has a 99 -year lease on that property. Clausen explains that lot 20B is not included in the
zoning map change and there would be no changes.
The owner of the Shell Gas Station on Brimbal Avenue addresses the Council and Planning
Board and asks if he decides to add a small convenience store to his site if he would be able to do
so. Clausen explains that he would need a variance and a special permit.
St. Hilaire clarifies that the same uses would be allowed in the IR district that were allowed in
2009.
Rich Marciano of 141 McKay Street addresses the Council and Planning Board and read
excerpts from Planning Board minutes. He reviewed and notes several businesses in the area and
notes that several of the properties are all built out. He states that he would like to see the site
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Beverly Planning Board /Beverly City Council Joint Public Hearing
April 4, 2016
remain an IR Overlay District. He states that he was concerned at the time that the IR Overlay
was put in place that it was for the benefit of the CEA Group.
Councilor Guanci asks if there are any other questions from the members of the Council or
Planning Board.
Councilor Rand states that she supports the change 100% because she is concerned about
Brimbal Avenue turning into a Route IA. She further states that she does not think that the plan
for Route 1 A turned out the way it was intended.
Councilor Latter states that getting rid of the IR Overlay District is what Councilor Martin and
his constituents want to alleviate the problems on Brimbal Avenue.
Hutchinson states that there are protections in place via the Special Permit process that could
hopefully prevent Brimbal Avenue from becoming a Route IA. She also notes that there is
evidence that indicates that the Master Plan calls for mixed use developments in the area. She
states that she is concerned about setting a precedent with this change if every time the City
Council does not like the outcome of a Planning Board decision on a project they will just
change the zoning.
N. Barrett asks if any of the lots identified in the zoning map change are undeveloped. Clausen
states that all of the lots are developed.
Mack asks if there have been any changes to any of the properties in the IR Overlay District
since the CEA Group project was approved. Clausen states that there was a project approved for
the Sunoco Station on Brimbal Avenue to move the store further back on the site and to relocate
the gas pumps. He estimated that the size of the convenience store increased by about 35 %.
C. Barrett thanked Councilor Martin for bringing this matter up again and states that she agrees
with Councilor Houseman that we should give this time to see if there is a dramatic change in the
traffic volume and take the time to see if the traffic management plans approved are going to
work. She also notes that there is a proposed Nursing Home on Sohier Road and possibly an
affordable housing project as well and we need to take the time to see how the traffic works. She
notes that 99% of people who are opposed to projects are concerned about traffic and keep in
mind the quality of life of the neighbors.
Matz thanked Ms. Hutchinson for her comments regarding this setting a precedent. He states
that he was very torn about the CEA Group project but voted to grant the Special Permit. He
also notes that this is a unique opportunity to cease further retail development. He states that as
Planning Board members they have to take what is in the best interest of the city into
consideration.
N. Barrett questions if during the 2009 deliberations on this matter if the IR Overlay District
designed with interplay between the MA DOT Project and if this change will have an impact on
Phase II of the MA DOT project. Councilor Martin states that Phase I of the MA DOT project
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Beverly Planning Board /Beverly City Council Joint Public Hearing
April 4, 2016
was contingent on the CEA plaza being built. He estimates that Phase Il of the MA DOT project
could be 10 years away.
Thomson notes that the principal concern seems to be the retail use and asks if any consideration
was given to amend the ordinance to only remove section A. He also notes that the statute
allows for owners to freeze the zoning and asks Clausen if there are any proposals that he knows
of where the owners have filed to freeze the zoning. Clausen explains that 133 Brimbal Avenue
has filed a Preliminary Subdivision Plan for Map 55. Lot20 and explains that if approved, it
would freeze the zoning for 6 -8 years.
Councilor Silva addresses the Planning Board and states that with respect to the comments about
being offended by the Council suggesting this change after approval of a project by the Board, he
states that he has the utmost respect for the Planning Board and the work that they do. He notes
that they put a lot of time and effort into reviewing the projects that come before them. He
further notes that they are volunteers and he appreciates that. He further stated that he does not
believe there is any feeling of animosity regarding past decisions and that they have worked well
together in the past.
Councilor Silva also states that he supported the submission of the Council Order because there
have been a lot of changes to the neighborhood because of a major development.
Councilor Guanci states that he values the work of the Planning Board as well and notes that
there have only been two decisions that they have approved in all the years he has been on the
Council that he has not agreed with.
There being no further questions or comments regarding this matter, Guanci declares the public
hearing closed.
Mack: Motion to close the public hearing. Hutchinson seconds the motion. The Chair
votes in favor. The motion carries (9 -0).
Thomson notes that the Planning Board will convene next -door in the conference room for a
special meeting to discuss and issue a recommendation on the amendments to the Zoning Maps.
The Joint Public Hearing was adjourned at 8:53 p.m.
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