12-20-16 BPB MinutesCITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Date:
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Recorder:
Planning Board Meeting
December 20, 2016
Beverly City Hall, City Council Chambers
Chair John Thomson, Vice -Chair Ellen Hutchinson, Catherine
Barrett, Ellen Flannery, David Mack, James Matz, Wayne Miller
(participating remotely)
Ned Barrett, Michael Rotondo
Assistant Planning Director Darlene Wynne
Mary Alice Cookson
John Thomson calls the meeting to order at 7:05 p.m. He thanks everyone for coming out during
the holiday season.
Subdivision Approval Not Required Plans
Wynne says there are no SANRs to review.
Approval of Minutes
The Board discusses the Regular Meeting minutes of May 17, 2016. Matz notes some minor
editorial changes needed (for missing words, spacing issues).
Flannery: Motion to approve the May 17, 2016 minutes with minor edits. C. Barrett
seconds. The motion passes (7 -0, Thomson, Hutchinson, C. Barrett, Flannery,
Mack, Matz, Miller in favor).
Cluster Subdivision Plan Chapman's Corner Estates (Settlement Plan) — Expiration of
Letter of Credit (1/15/17) and Request for Bond Reduction — David Carnevale, Manager,
Manor Homes Development LLC
Wynne says the developer is working on the subdivision and the City Engineer has supported the
bond reduction of $36,438 for roadway work that's been completed. Thomson clarifies the
balance in the letter of credit is $94,200. Thomson notes that the extension to the Letter of Credit
is not yet available and that the Board should require it be submitted before it expires, failing
which the Board will seize the Letter of Credit.
Matz: Motion to approve the bond reduction and extending the Letter of Credit for 12
months, subject to the condition that the applicant provide the Extended Letter of
Credit by January 15, 2017, failing which the Board will seize the Letter of
Credit. Flannery seconds the motion. The motion passes (7 -0, Thomson,
Hutchinson, C. Barrett, Flannery, Mack, Matz, Miller in favor).
Beverly Planning Board Minutes
December 20, 2016
Continued Public Hearing — Site Plan Review Application #126 -16 and Special Permit
Application #152 -16 - Construct four -story building to house an assisted living facility with
ground floor commercial space and 52 -car 2ara2e; deviation from parking requirements
for elderly housing - 50 Dunham Road — Vitality Senior Living, LLC
Mack: Motion to recess for public hearing. Hutchinson seconds. The motion passes (7 -0,
Thomson, Hutchinson, C. Barrett, Flannery, Mack, Matz, Miller in favor).
Flannery: Motion to waive reading of the public notice. Hutchinson seconds. The motion
passes (7 -0, Thomson, Hutchinson, C. Barrett, Flannery, Mack, Matz, Miller in
favor).
Wynne brings the Board up to speed on the project. The Conservation Commission voted to
approve the project with special & standard conditions detailed in their decision. The Zoning
Board of Appeals granted a variance to authorize the use "Subsidized Elderly Housing" in the IR
district and a variance so that the applicant can provide a payment in lieu of providing affordable
housing on site. The applicant submitted a supplement to the application containing elevations
for the proposed commercial part of the building and prepared plan revisions for the
Conservation Commission providing additional detail about grading. She suggested the
commercial piece could be addressed at a later date, if modified. Questions regarding drainage
and utility connections were addressed. The Board had traffic- related questions that were
responded to by the Planning Director in writing and included in the staff report.
Miranda Gooding of Glovsky & Glovsky, introduces the project team: Jerry Pucillo, Project
Manager Vitality, Jonathan Giori, Levi + Wong Associates, Andy Truman, Samiotes
Consultants, Inc, Rod Emery, Jacobs, and Mike Dissette, Glovsky & Glovkky. She says Wynne
did a nice job summarizing what has happened and that they have one major update. She
confirms there were no members of the public at any prior hearing. Aside from traffic concerns,
she notes the Board's concern with the proposed request for a special permit for parking. The
Building Inspector did provide a letter of support, and suggested the applicant identify reserve
parking. The zoning ordinance requires 0.75 parking spaces per unit for this type of use. She
notes they are proposing 0.46 spaces per unit, which Gooding says is consistent with
communities like Lexington and Arlington who have defined such a use.
Gooding notes that since the last Board meeting, the applicant worked out an agreement with
Cummings Properties, the owner of the overall site, to acquire up to 34 additional parking spaces
as reserve parking, which brings the amount of parking up to what is required by the zoning
should it be needed. The agreement also provides, on an interim basis, excess parking that is
already available on the site. She notes that Cummings has also allowed for the use of 34 spaces
on Pond Side Drive until the reserve spaces are built out, should there be a need. She pointed the
parking out on a plan handed out.
Gooding reminds this a 118 -suite assisted living facility with 6,000 square feet of proposed retail
use. At the 0.75 ratio, it would yield a parking requirement of 89 spaces plus the parking for
retail, bringing it to a total of 111 parking spaces. Gooding details how by relying on the 54
spaces shown on the existing site plan, agreement with Cummings for 26 surface parking spaces,
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and the reserve parking spaces, they can account for 114 spaces, which means the special permit
wouldn't be necessary. Thomson confirms these spaces are not dedicated to another building's
parking requirement.
However, Gooding says it is their hope not to build the parking spaces if they are not needed.
Therefore, the applicant is standing by its request for the special permit. She explains that 28 of
the assisted living units are memory care units, where residents won't require parking. She note
the staff of 26 will have parking provided at 100 percent. The balance of the parking would be
for visitors, most of whom come on weekends and off -hours when the office buildings aren't in
use and parking is more available.
Mack asks who will provide the oversight to determine whether the need for reserve parking is
triggered. He asks whether the applicant is open to providing that data and what the standard
would be to determine if the parking is sufficient. Gooding notes that the responsibility for the
intersection improvements falls to the property owner and comments that the she expects
Cumming Properties will be back before the Board in the near future. She indicates she'd be
happy to work with the Board and City staff to craft adequate language.
Mack suggests the agreement is thin and questions what the commitment of future owners might
be if at some point in the future Cummings Properties no longer owns the property. Gooding
introduces Steve Drohosky from Cummings Properties; she says condominium documents
haven't been established yet and they are happy to submit the condominium documents to the
Building Inspector.
Hutchinson asks for clarification that if the interim parking spaces start getting used then the
applicant will create permanent spaces somewhere else. Gooding says that is correct.
Gooding states that during the Parking & Traffic Commission meeting, much of the discussion
was about the timing of signalization improvements for 52 Dunham Road. She said she wanted
to restate what bears emphasis: that the traffic generated by this use is small (a less than one
percent increase over present conditions). She noted built -in conditions that trigger an analysis
and buildout of traffic improvements when conditions warrant it and says it would be premature
to require them now for this project.
Rod Emery of Jacobs Engineering Group introduces himself and says he's been working on this
interchange since 2004. He provides some history on his analysis in this area. He says that peak -
hour traffic will increase by less than 5% on Dunham Road in the worst -case scenario and on
Brimbal Avenue it will increase by less than 1 %. Thomson clarifies that all of the traffic from
Dunham Road has to go onto Brimbal Ave. Emery explains that traffic is dispersed or diluted on
Dunham.
In their studies, Emery says they did account for uniform background growth, both Cummings'
projects, 100 anticipated employees at Cell Signaling, the project before North Shore Crossing.
He says that back when he did studies in 2004, they did traffic counts of the North Shore Music
Theater. He notes there is a detail officer there when performances are letting out who functions
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like a traffic signal. He noted it is a special case and that personal habits could be adjusted to
work around known theater schedules.
Emery noted they did not do Saturday counts. He said Saturdays have about half of the
traffic /delays on Dunham Road than occurs during week, so that's why they didn't analyze
Saturdays. He comments that the nurse and staff shifts won't coincide with the times the theater
lets out. He reiterates that the impact on traffic caused by the Vitality project is minimal.
C. Barrett voices concerns about the cumulative effect of all the construction in the area. She
notes that the traffic circles have improved things and people are getting used to them. She is
concerned about the times when the NSMT is getting out. Emery responded that it's a 20- second
delay vs. a 4- second delay. He says that the NSMT generates less traffic on weekends than
during the weekday and that when it happens, a police officer is there. Barrett notes there is no
current signalization there.
Emery says the plans for signaling do exist, but they need to be prepared for the review process.
Thomson confirms that the traffic signal is tied to a condition for site plan approval of
52 Dunham Road. Gooding explains it is correctly stated in the Staff Report, and requires a
warrant analysis first, 6 month and 1 -year after occupancy. Emery says he thinks it will meet the
warrants for a signal.
C. Barrett wanted it noted in the minutes that in the area near the Roller Palace, there is currently
a proposal for a skilled nursing facility. She says this one small project isn't significant, but all of
these could create what she calls a perfect storm in which nobody would want to be anywhere
near this exit. Emery said a solution to that in the future would be to build a bridge across 128
and perhaps another roundabout.
C. Barrett asks if there is a certain time period where we would want a new study. Emery says
the report he did for Phase 1 was in 2014 and another study should be done now.
Matz asks what the Design Review Board (DRB) might push back on related to the commercial
uses. Gooding says they went to the DRB a couple of times and modified the plan to make the
building less institutional at their request. The DRB has recommended approval of the building.
C. Barrett asks if there is any public transportation to this site. Gooding responds there is not.
Thomson asks if there will be signage telling people where to park when those extra parking
spots are needed. Drohosky says that until a need is demonstrated, there won't be signage.
Discussion ensued about how visitors would know to park in the garage. Pucillo says that one
thing they have done regarding the design is to emphasize the garage entry as the main entry.
Hearing no comments from the public, Thomson asks for a motion to close the public hearing.
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Mack: Motion to close the public hearing. Flannery seconds the motion. The motion
passes (7 -0, Thomson, Hutchinson, C. Barrett, Flannery, Mack, Matz, Miller in
favor).
Thomson discusses the conditions. He notes one is to have the City Solicitor review the
condominium documents to verify that the parking options exist. He proposes a condition to
have the applicant come back one year after 90% occupancy and report on the adequacy of
parking. Gooding says that would be fine.
Mack notes the conditions in the staff report and letters. Wynne asks for them to set a trigger as
to when the condo documents should be reviewed. Gooding indicates the certificate of
occupancy would make sense.
He supports granting the plan approval with the condition that the DRB has the opportunity to
review elevations.
Mack: Motion to grant the Special Permit with the following conditions (as also
described above): that the applicant comply with the comments and conditions
submitted by City departments and boards; that the Design Review Board has the
opportunity to review the elevations for the commercial space; that evidence of a
parking arrangement showing adequate parking, which agreement shall be
reviewed by the City Solicitor; and that the applicant shall conduct a parking
usage analysis at one year after 90% occupancy. By this motion, the Board finds
that the project meets the criteria set forth in Section 300- 91B.a. — £ of the Zoning
Ordinance. Matz seconds. The motion carries (7 -0, Thomson, Hutchinson, C.
Barrett, Flannery, Mack, Matz, Miller in favor).
Mack: Motion to grant the Site Plan Review application with the condition that the
Design Review Board have the opportunity to review the elevations and the
applicant be required to come back to the Board if any modifications deem it
necessary; and subject specifically to the Conservation Commission Order of
Conditions. Flannery seconds. The motion passes (7 -0, Thomson, Hutchinson, C.
Barrett, Flannery, Mack, Matz, Miller in favor).
David Mack leaves the meeting at 8:10.
Request for Minor Modification to Site Plan Review #124 -16 — 62 Dunham Road — Iron
Tree Service, LLC
John Maestranzi, who appeared before the Board in June, is addressing the Board again to ask
permission to move the proposed building (a 4,800- square -foot storage building) approximately
80 feet toward Route 128 due to better site and soil conditions there. Griffin Engineering was
hired for the project and has shown the site utilities upon the request of the Planning Board.
Matz indicates that was one of his concerns and he is satisfied. Matz notes that he was also
concerned with protection of the resources areas and an extensive stormwater management plan.
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He notes he is encouraged by this modification, in regards to his concerns. Maestranzi indicates
that he has put in place a SWPP that has been approved by the State and that he has been
working with the Conservation Agent and City Engineer.
Hutchinson: Motion to deem the modifications as minor. Flannery seconds. The motion carries
(6 -0, Thomson, Hutchinson, C. Barrett, Flannery, Matz, Miller in favor).
Hutchinson: Motion to approve the modifications as shown on the site plan. Matz seconds.
Motion carries (6 -0, Thomson, Hutchinson, C. Barrett, Flannery, Matz, Miller in
favor).
Open Space Residential Design Site Plan (OSRD) & Definitive Plan — Greening Way
(Formerly 122 Cross Lane) — Land Court Plan Endorsement — Benco, LLC
Bob Griffin of Griffin Engineering Group, LLC reminds the Board that they approved this plan
in plan in September and says this is a request for a modification. He is speaking on behalf of the
applicant, Ben Carlson of Benco, LLC, who is creating three residential lots at 122 Cross Lane.
Griffin explains that there are two modifications at hand. Griffin explains that the first
modification request relates to the land court process, being that parts of the site were registered
land and parts were recorded land. He notes the minimal changes that were made and requests
the Board's approval.
Hutchinson: Motion to deem the site plan changes resulting from the land court plan as a
minor modification. C. Barrett seconds the motion. The motion passes (6 -0,
Thomson, Hutchinson, C. Barrett, Flannery, Matz, Miller in favor).
Hutchinson: Motion to approve the land court plan changes made to the approved OSRD Site
Plan & Definitive Plan. C. Barrett seconds the motion. The motion passes (6 -0,
Thomson, Hutchinson, C. Barrett, Flannery, Matz, Miller in favor).
Since September, Carlson has sold a lot (2 Greening Way) to a purchaser who proposed a new
design for the building, which is larger than shown on the approved plan. He notes the driveway
was flipped so that it is on the other side of the house and made larger. This change adds 800
square feet of impervious surface to the site and therefore they've added a second dry well. He
notes the Limit of Clearance proposed at the time and shows how the new owners would like to
reduce the Limit of Clearance to allow room for a grass lawn area.
Wynne confirms that none of this is taking place in the No- Disturb Zone. Wynne explained that
limit of clearance is one of the factors that the Board can review and because it was more
significant and part of an open space subdivision, the Department felt that the Board may want to
review the modification. She confirms the staff requested they submit it.
Matz clarifies the Board needs to determine if the changes are minor. Thomson says he assumes
none of the changes have happened yet. Griffin indicates that approximately half of these
changes have already occurred.
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C. Barrett asks about the square footage of the house. Carlson respond that it is a 3,600 sq. ft.
house. The house on 3 Greening Way will be 2,700 sq. ft. and the proposed house on 1 Greening
Way will be 1,900 sq. ft. Carlson explains that his primary goal was serving the need of his client
and didn't feel he was circumventing the Board. Thomson indicates that he agrees, but is glad
that the staff invited him to attend.
Matz talks about the view driving up to the area and notes that you will still see what you see
now. The pockets of additional clearing won't be visible from the road. Griffin confirms.
Hutchinson wonders if the Board should require a replacement for the area where a wall was
proposed at the edge of the No- Disturb Zone. Griffin explains the proposed landscaped plan.
Griffin suggests you could fill in some trees in the no -cut zone, but believes it is good the way it
is.
C. Barrett says she thinks it's fine. In the areas where they are looking down to the soccer field,
they might choose to fill in.
Hutchinson: Motion to deem the site plan limit of clearance changes to Lot 1 as a minor
modification. Flannery seconds. The motion passes (6 -0, Thomson, Hutchinson,
C. Barrett, Flannery, Matz, Miller in favor).
Hutchinson: Motion to approve the limit of clearance modification to Lot 1 on the OSRD Site
Plan and Definitive Plan. C. Barrett seconds. The motion passes (6 -0, Thomson,
Hutchinson, C. Barrett, Flannery, Matz, Miller in favor).
Request for Minor Modifications to Site Plan Review #112 -14 — 50 (52) Dunham Road —
Anderson Clarke, LLP
Steve Drohosky and Mike Aveni, Cummings Properties, make their presentation concerning
modifications to the 52 Dunham Road building located behind the former Parker Brothers
facility. Drohosky notes that in the process of finishing construction they came upon some site
conditions that warranted changing a few things. While constructing the parking garage, they
didn't find ledge that they anticipated and so they were able to create a larger parking garage
under the building, which added 72 extra parking spaces.
Drohosky indicates that they straightened out a curve in the roadway. They also changed the
grade so there is no retaining wall where they had it previously. They revised the building entry
slightly. Aveni notes it is roughly on the same spot, but was simplified with the expectation that
most people will enter through the garage. Drohosky notes they also added an additional drive
into the building so there are two ways in and two ways out. They added a rip rap wall to deal
with the elevation change between the building and the pond and removed a small retaining wall
in the middle which became unnecessary. He added that they replaced what was anticipated to be
a concrete retaining wall with large concrete stones that came from blasting. Some of that wall
ended up too far on the City property. They have Conservation Commission approval to pull the
wall back.
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The biggest change is they were able to do more excavation resulting in 215 parking spaces, up
from 143 spaces, so now they have more parking than is required by permits and are thus able to
give some of those to the Vitality project. The utility plan has also changed in that they are
running the sewer system differently than was previously proposed. There is no change in run-
off and they did a stormwater management report that's been approved. The erosion and
sediment control plan hasn't changed much.
Wynne notes that Thomson filed a disclosure of a potential conflict of interest with the State
Ethics Commission because he represents Essex County Greenbelt Association and was cleared.
This was relevant to the Conservation Restriction on the adjacent land being held by ECGA.
Matz applauded the applicant for the changes and for their transparency in coming back to report
on them. He asked about the response from the Conservation Commission, which asked that a
wall be pulled back. The applicant showed on the plan and explained that the proposed
modifications have resolved the concerns of the Conservation Commission, bringing the wall on
to the site and further from resource areas. Wynne noted that a floodplain permit will still be
required.
Wynne responded that the only other issues raised by the City Engineer was related to drainage
up on the hill and grading regarding parking spaces that are 6% sloped instead of 5 %. The
applicants say they are working to address that, though they disagree with the Engineer's finding
on the parking grade.
Matz: Motion to deem the site plan changes as minor. Miller seconds. The motion
passes (6 -0, Thomson, Hutchinson, C. Barrett, Flannery, Matz, Miller in favor).
Matz: Motion to approve the modifications to the Site Plan and described in the letter to
the Planning Board. C. Barrett seconds. The motion passes (6 -0, Thomson,
Hutchinson, C. Barrett, Flannery, Matz, Miller in favor).
New or Other Business
Wynne makes note that there is a new schedule for the next year. She announces that Aaron
Clausen, Planning Director, wants to address the Board at its January meeting regarding the Bass
River Overlay zoning and there is going to be a public meeting about that the following day, on
January 19. She said that Clausen wanted to make sure that Board members knew they won't be
expected to attend that public meeting.
C. Barrett thanked the recorder for the minutes. Wynne said that they are getting caught up but
there are still some from the summer remaining.
Flannery: Motion to adjourn the meeting at 9:10 p.m. Hutchinson seconds the motion. The
Board votes to adjourn the meeting (6 -0, Thomson, Hutchinson, C. Barrett,
Flannery, Matz, Miller in favor).
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