7-17-2018 BPB MinutesCITY OF BEVERLY
PUBLIC MEETING MINUTES
Board: Planning Board Meeting
Date: July 17, 2018
Location: Beverly City Hall, City Council Chambers
Members Present Chair Ellen Hutchinson, Vice Chair Ned Barrett, William Boesch,
Ellen Flannery, Allison Kilcoyne, David Mack, James Matz,
Wayne Miller
Members Absent: Zane Craft
Others Present: Assistant Planning Director Darlene Wynne
Recorder: Samantha Johanson, Recording Secretary
Chair Ellen Hutchinson calls the meeting to order at 7:05 p.m.
Subdivision Approval Not Required Plans
a. 980 and 982 Hale Street — William & Deirdre Guenther
Miranda Gooding of Glovsky & Glovsky, 8 Washington Street, Beverly, presents the applicant's
request for endorsement of some minor changes on a previously endorsed ANR Plan. The
original plan was endorsed in 1998 and the owners bought the property shortly after. The
purchase included the main dwelling, cottage, and pool and had been approved for two lots at
that time but never recorded. It is registered land, which requires additional process to record;
these steps the prior owner or current owner did not take.
Gooding tells the Board that the plan has to be re- endorsed by the Planning Board before it goes
to Land Court who requested some specific, but minor, measurement changes since the prior
plan. They now have a new plan submitted to the Board asking for endorsement of the
previously approved lotting. Gooding tells them that Darlene Wynne identified a small change in
the bounds of the internal lot line of less than half a foot. The perimeter of the bounds of the
entire lot will be slightly altered as a result of the Land Court process. The only change of the
internal lot line is 50.33 on the new plan from 50.25 on the original plan. Also, as a result of the
recalculation, the areas change slightly. She tells them that Lot 21 went from 1.2 acres to 1.1
acres due to the recalculation from the Land Court. The plan is substantially the same from when
it was originally endorsed. It shows frontage for both lots on the 50 -foot unchanged right of way
from Hale Street to the back of the property, with access to both lots. Gooding tells them there
are no changes in the dwellings or in the setbacks. She tells them they are asking for
endorsement of the new plan, because it is a minor amendment to the originally endorsed plan
from 1998.
David Mack: Motion to endorse as an ANR plan. Flannery seconds the motion. The motion is
approved (7 -0 -1, Barrett abstains).
b. 30 and 40 Webster Ave — Benco LLC
Thomas Alexander, 1 School Street, Beverly is representing Benco, LLC. He tells the Board that
a few months ago they obtained an OSRD Site Plan approval for Hickory Hill Way. As a
Beverly Planning Board
Meeting Minutes
July 17, 2018
condition of that approval, the Board determined that 40 Webster Avenue either needed to either
be torn down or obtain a variance to have two buildings on one lot. They sought a Variance from
the Zoning Board of Appeals instead to have a reduced lot size. He tells the Board that 40
Webster complies with the setback requirements and that 30 Webster Avenue is 32,000 s.f.
where 45,000 s.f. is required in the R45 Zone. However, this lot is split between the R15 and the
R45 which comes out to about 32,000 s.f. The Zoning Board approved the Variance for lot area
resulting from the new division of lots. They need the Planning Board to vote on it as an ANR
Plan.
Flannery: Motion to endorse as an ANR plan. Mack seconds the motion. The motion is
approved (8 -0).
Approval of Minutes
Hutchinson asks for any comments on the May 15, 2018 minutes. She comments on a typo on
page 3. James Matz explains a comment on page 2, to change the word corner to clearance.
Wynne comments that William Boesch was not on the Board yet, so he cannot vote on any
changes to these minutes.
Flannery: Motion
to approve minutes for May 15,
2018 as
amended. Miller seconds the
motion.
The motion is approved (7 -0 -1,
Boesch
abstains).
Recess for Public Hearings
Matz: Motion to recess to Public Hearing. Kilcoyne seconds the motion. The motion is
approved (8 -0).
Continued Public Hearing: Site Plan Review Application #133 -17 — 40 & 100 Sam Fonzo
Drive — Construct a commercial office and warehouse on existing vacant lot — Fonzo Realty
LLC
The applicant is proposing a 49,860 s.f manufacturing building (30,360 s.f. will be built in Phase
I and 19,500 s.f. to be built in Phase 11) on an existing vacant lot in Cherry Hill Business Park in
the IR Zoning District.
Hutchinson comments that the Board should have the following documents: Email from Amy
Maxner to Darlene Wynne (July 17, 2018) which sets forth the Conservation Commission's
conditions, an email from the FAA which is a determination of no hazard to air navigation, and
schematic floor plans.
Wynne tells the Board they had continued this hearing at the June meeting to wait for the
Conservation Commission and Design Review Board feedback. She tells them that they have an
email from Amy Maxner which included a list of conditions that the Board could adopt. She then
tells them the Design Review Board recommended an approval, but they are continuing to work
out some landscaping issues.
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Beverly Planning Board
Meeting Minutes
July 17, 2018
Flannery comments that the Design Review Board's landscape architect looked at the plan and
suggested to the applicant to make some changes to the plan. Hutchinson notes she would like
more specific information from the Design Review Board in situations like this. Wynne will ask
the Board staff person for more specifics in the future and that they should also include a
timeline to conclude their review. Wynne comments that the Board was waiting to see if
Conservation Commission required a change to the driveway or not, and notes they do not
require any changes. Wynne tells them there were some outstanding comments in the June staff
report that have all been addressed at this time.
James Cummings, Hancock Associates, for Fonzo Realty LLC, tells the Board he is there to
answer any unanswered questions.
Hutchinson asks
if the access easements are
provided and
what is the status of them.
Cummings
tells
set forth in all
her that
the
two
lots are under
the
same
ownership
so
the
easements will
not
be
needed.
Matz asks if the building meets all zoning requirements with the exception of the setbacks.
Wynne tells him yes, because the Board approved the ANR plan. Matz then asks about the lot
size coverage requirement, that the lot coverage was 40% and the lot coverage for parking was
60 %. Wynne answers that they have put those calculations on the plan as she'd asked. Matz then
asks about the updated elevations and if they were also resolved. Wynne tells him they are.
Hutchinson comments that they had been waiting on comments from the Conservation
Commission and Design Review Board, which they have gotten everything back from.
Hutchinson reads into the record the Certification of Evidence Review in accordance with and
pursuant to Massachusetts General Laws, Chapter 39, Section 23D, certifying that David Mack
missed the meeting on June 19, 2018, but has reviewed the audio recording from that meeting
and reviewed the revised plans dated 6/19/18 and the truck turning movement plan. He has
signed this and dated it July 17, 2018, which now makes him eligible and able to vote on the
matter.
Matz asks about a previous comment from the applicant saying that relocating the access drive
adjacent to the Wetlands due to it steep slope would be unfeasible and that the proposed retaining
wall and driveway /parking lot should be installed before the Conservation Committee signs off
on the building permit application. Matz wants to know if this issue has been resolved.
Cummings tells Matz that he believes so.
Matz: Motion to close the Public Hearing. Flannery seconds the motion. The motion is
approved (7 -0 -1, Boesch abstains).
Wynne tells the Board that there was one condition not included in the Parking and Traffic
Commission letter that the Planning Director, Aaron Clausen, would like the Board to consider
regarding having serviceable loading facilities.
Matz: Motion to
approve Site
Plan Application #133 -17 as presented on the plan set,
subject to
the following
conditions: Compliance with conditions
set forth in all
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Beverly Planning Board
Meeting Minutes
July 17, 2018
City department letters as referenced in the Planning Department staff report;
That bicycle parking facilities are provided as described in the Parking & Traffic
Commission letter; That the installation of the retaining wall shall be required first
to act as erosion control, per the Conservation Commission letter; Once
determined with the Fire Department, applicant shall submit a plan showing all
hydrant locations to the Planning Department for the record; That Drainage
Alteration and Erosion /Sediment Control permits are required for this project.
Such applications shall be submitted to and reviewed by the Beverly Engineering
Department pursuant to their Rules and Regulations; The Engineering Department
requires the delivery of AutoCAD "as- built" drawings upon completion of the
building and utility work. These drawings shall also be delivered in .pdf format
generated directly from the electronic AutoCAD files. These drawings shall be
delivered prior to the sale /installation of the required water meters; All
Stormwater Management maintenance and inspection records shall be submitted
to the City of Beverly Planning Department (1) one time, annually due by
December 31 of the calendar year in which the maintenance /inspection was
performed. These records shall include, but may not be limited to works
performed on the bio detention basins, deep sump catch basins, and sweeping. An
account of any deficiencies /repairs shall be summarized in a cover letter referring
to the maintenance /inspection records; That the project comply with any
conditions set forth in the Determination of No Hazard to Air Navigation, issued
by the Federal Aviation Administration, dated January 24, 2018; and Amending
the condition of the Design Review Board letter dated July 13, 2108, that the
applicant and DRB reach agreement on a landscaping plan prior to receiving a
building permit.
Flannery seconds the motion. The motion is approved (7 -0 -1, Boesch abstains).
Continued
Public
Hearing: Livingstone
Avenue Definitive Subdivision Plan (7 Porter
Terrace) —
Livingstone
Avenue —
Create 3
New
Lots — 7
Porter
Terrace,
LLC
The applicant is proposing a plan that extends Livingstone Avenue to create 3 buildable lots on
Livingstone Avenue, in addition to a lot on Porter Terrace containing the existing house for a
total of 4 lots. Each of the lots will contain 10,000 sf of lot area and have a minimum 100'
frontage, as required in the Zoning Ordinance.
Wynne tells the Board they have decided to have a third party peer review and will have
information by the August meeting so there will be a continuance until then. The Conservation
Commission will be joining in that review but their meeting will be after the Planning Board's
meeting in August.
Mack: Motion
to continue Public Hearing to
the
August
21, 2018 meeting. Miller
seconds.
The motion is approved (7 -0
-1,
Boesch
abstains).
Mack: Motion to grant extension
of the timeframe to
make
a
decision to August 30,
2018. Miller seconds. The
motion is approved
(7 -0 -1,
Boesch abstains).
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Beverly Planning Board
Meeting Minutes
July 17, 2018
Public Hearing: Special Permit Application #168 -18 — 232 Rantoul Street — Request for
deviation from parking requirements for brewery tap room — NOMSG Properties LLC &
Matthew Sullivan
Wynne reads the Public Notice.
Thomas Alexander, One School Street, Beverly, on behalf of the applicant NOMSG Properties,
LLC & Matthew Sullivan. Present tonight are Ben Garry and Matthew Sullivan. The current
owner has this property under agreement for sale to the applicant, who plans to open a brewery
and tasting room. Alexander explains that the request is about parking. The planned use is in
compliance with zoning for use and dimensions, whereby no more than 33% of the interior space
will be devoted to a tasting room /tap room. The brewery is Old Planter's Brewing, a local
brewer. All the owners grew up in Beverly.
By the applicant's calculation, the planned use would require 12 parking spaces. He calculates
6.244 spaces for the brewery and 5.67 for the tap room, which comes to 11.91 spaces so it is
rounded up to 12 spaces. The building inspector has rounded up before adding together, and thus
calculates a requirement of 13 spaces. They are seeking special permit to deviate by the one
space.
Hutchinson says the plan the applicant has submitted appears to require only 11 spaces.
Alexander tells her that was a prior plan set and then presents to the Board an updated plan.
Hutchinson asks Alexander to show the board the differences between the old plan and the
current plan. Alexander shows that the plan has been changed by making the taproom smaller,
and this resulted in the change in required parking spaces under the parking regulations.
Wynne asks Alexander where the parking spaces actually being created in the plan will be.
Alexander answers there will be one in front of the property, on Rantoul Street, and three within
a parking area on the property. Alexander notes that the prior use of the property, as an
automotive repair shop, required 12 parking spaces, which as in the planned use they didn't have
on the property.
Alexander tells the Board that the applicant went before the Parking and Traffic Commission,
which requested that the applicant's employees be directed to use off -site public parking when
the taproom is in operation. The applicants agreed to this and also agreed that one of the three
on -site spaces would be reconfigured as a handicap space.
Alexander explains that under the Building Inspector's interpretation of the governing
regulations, because the pre- existing non - conforming use of the property was credited with
having 12 parking spaces (most of them off -site public spaces), the applicant's proposed use is
also credited with 12 spaces. It isn't required that the applicant have those parking spaces on site.
Wynne clarifies they are allowed to credit the number of spaces that are credited to the
preexisting, non - conforming use. Alexander repeats.
Beverly Planning Board
Meeting Minutes
July 17, 2018
Hutchinson clarifies that because it was a requirement of the prior use that there be 12 spaces, it
is assumed that the applicant has 12 spaces. Alexander agrees that this is correct and is the
interpretation of the Building Inspector. Wynne comments that it is in an abundance of caution
that the applicant is seeking the relief for 1 additional space, if necessary.
Boesch asks where the rule came from about the new proposed use being given credit for having
12 spaces. Alexander tells him that it is the Building Inspector's interpretation of the applicable
regulations.
Mack asks whether the parking is in fact likely to be adequate, given that one of the on -site spots
will be designated handicap and there are only three other spots, which seems small. Alexander
agrees that the lot is small. The reason for applying the prior credit for off -site public spaces is
that without doing so, you could never change a use on Rantoul Street because every use on the
street right now is non - conforming. Mack asks what the anticipated parking needs may be for
this type of business. Alexander tells him that during brewing there will be two brewers on site at
the same time. For the taproom, it is unpredictable. Mack asks how many seats will be in the
taproom. Ben Garry, the applicant, says they will have some seating, but he does not know what
the capacity will be yet; he believes about 50 -60 people maximum and the taproom will be about
1,500 s.f.
Flannery asks what the hours will be. Garry says that the hours will be Thursday -Friday 5pm-
lOpm, Saturday 12pm -IOpm, and Sunday 12pm -7pm. The taproom will not be open Monday -
Wednesday, which will be the days they are brewing. Garry says there may be some
entertainment at some point.
Barrett asks about off -site public parking for employees. Alexander tells him they would have to
park in the garage near the train station, which is about 500 feet away.
Hutchinson asks Wynne whether the Building Inspector's interpretation of the parking- space-
credit issue is likely to perpetuate parking problems. Wynne points out that uses operate at
different hours of the day and may not all need parking at the same time. Alexander comments
that just about everything on Rantoul is a non - conforming use. Hutchinson comments that she
would ask the Planning Department to consider other resolutions to the parking problem in
general.
Flannery comments that the reduced parking rate at the garage is good.
Boesch asks whether the Board is bound by the Building Inspector's interpretation of the credit
issue and is therefore precluded from considering whether four actual parking spaces is enough.
Hutchinson says that the Building Inspector is the City's zoning officer, so his view that this is
an acceptable means of satisfying the parking regulations is entitled to deference.
Barrett comments about the property being so close, yet so far away from the Public Garage, so
that a customer would either park on the street or in the garage and walk, which is what happens
when you try to build a vibrant downtown area. He thinks it will be inconvenient to some but
that doesn't mean the Board should deny this. Alexander points out that if the City wanted to
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Beverly Planning Board
Meeting Minutes
July 17, 2018
build another parking garage it could, but that cities such as Salem have no parking requirements
for downtown businesses.
Boesch comments that this new use is more likely to actually need 12 -13 parking spaces than the
existing use.
Hutchinson
asks Alexander to
confirm the
size of the on -site parking spaces. Alexander says that
they
will
be
9x18,
so
they can
expand
one
for a
handicap
spot.
Wynne tells the Board that the Parking & Traffic Commission suggested the potential that if the
garage bays of the existing building are not used by the applicant, they might be able to gain
another space in front by removing the curb cuts. Hutchinson asks if the one space shown on
Rantoul Street would be designated for customers of the brewery. Alexander tells her it will not.
Barrett asks whether they could add a bicycle rack in front of the business. Garry tells Barrett
there is a bicycle rack across the street. Barrett suggests that if there is any room, it would be
good to have one on site.
Mack comments that the project brings up an important issue and the Board is responsible to
look at certain special - permit criteria in conjunction with the relief that is being requested. He
says it is important for the Board to understand the validity of the interpretation. Mack suggests
that the issue should be looked at and contemplated with the City Solicitor.
Hutchinson asks Wynne whether there are any letters with substantial comments about the
application. Wynne tells her there are not.
Mack: Motion to close the Public Hearing. Boesch seconds the motion. The motion is
approved (8 -0).
Matz: Motion to reconvene meeting. Mack seconds the motion. The motion is approved
(8 -0).
Mack: Motion to grant the request for Special Permit #168 -18 subject to compliance with
any and all conditions set forth in the Parking & Traffic Commission comment
letter dated July 12, 2018, which is attached hereto and incorporated herein by
reference; and That a revised plan be submitted to the Planning Department that
shows one handicap- accessible parking space on -site, adds dimensions of parking
spaces, and removes the food truck, prior to securing a building permit.
Incorporated in this motion the Board found that this specific site is an
appropriate location for its proposed use, and the character of the adjoining uses
will not be adversely affected, that no factual evidence on the property values will
be adversely affected of such use, no undue traffic or nuisance or unreasonable
hazard shall result, that adequate and facilities will be provided and proper
maintenance of proposed use, that there are no valid objections from abutting
property owners based on demonstrable fact, and that adequate and appropriate
City services are available for the proposed use.
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Beverly Planning Board
Meeting Minutes
July 17, 2018
Barrett seconds the motion. The motion is approved (7 -1, Boesch opposed).
Open Space Residential Design Site Plan (OSRD) & Definitive Plan — West Beach Lane
(Formerly 875 Hale Street) — Minor Modification and Acceptance of Performance Bond
(Form G Covenant), Developer's Disclosure Agreement, Endorse Plans — Montrose School
Park, LLC
Matz recuses himself.
Jeff Rhuda, Montrose Park LLC, tells the Board that when the Board approved the last plan
modification in June, it contained different setbacks from the 2011 approved plan but those were
not specifically discussed. He tells them that Wynne recommended that he specifically request
that relief from the Board. He shows the Board the 2011 approved plan and the recently
approved 2018 plan. They have blown up the rear setbacks so they could view it better.
Originally they had 10 -foot setbacks.
Rhuda tells them the plan shows boxes for houses on it for demonstration; final designs and
locations may be adjusted but will not change the open space area designated on the June 2018
approved plan. They are asking to reduce the rear setback, but not increase the size of the box
and they are not increasing the area of each footprint. The plan approved did not show the correct
setbacks. He tells the Board that they are requesting a waiver of rear setbacks to 15 -feet on
certain lots, with the exception of one they would like to keep at 13 -feet. He shows them the
difference on the plan that is approved and what they are requesting. They are making the boxes
on the plan a little bit more rectangular to get more separation between the houses.
Barrett asks him what is in back. Rhuda tells him it is the designated Open Space. Barrett then
asks him how close the nearest neighbor is. Rhuda demonstrates on the plan and where the Open
Space and Wetlands are located. He explains they have to put the 20 -foot setback to the front to
be able to have a driveway.
Mack asks if that is the extent of the modifications. Rhuda tells him that it is.
Hutchinson asks Rhuda to explain the purpose of the request. Rhuda tells her that the original
decision had a general relief claim to waive everything down to the same of what the amended
decision had, and in that they had some 5 -foot setbacks, so they assumed that carried through.
Wynne had told him for the Building Inspector's perspective it would help to get the setbacks
clarified. Rhuda explains they have relief on the 15 -foot setback and the plans have the setbacks
on it that the 2011 plans didn't.
Mack asks if he needs it for only 4 of the 5 lots. Rhuda tells him they already had reduced
setback shown on Lot 2. Wynne says the Board has the ability under the Zoning Ordinance to
approve reduced setbacks. Wynne explains she thought it would be more explicit to make sure
that the relief was provided.
Beverly Planning Board
Meeting Minutes
July 17, 2018
Miller asks if the footprint of the northwest building extends into the Open Space. Rhuda and
Wynne clarify the lot line is not changing and therefore this change is not impacting the open
space. Rhuda explains what they are doing is providing more spaces between houses.
Barrett: Motion
that
the modifications be
deemed minor in nature. Mack seconds the
motion.
The
motion is approved
(7 -0 -1, Matz abstains).
Barrett: Motion to approve minor modifications. Mack seconds the motion. The motion is
approved (7 -0 -1, Matz abstains).
Flannery: Motion to accept Developers Disclosure Agreement. Kilcoyne seconds the
motion. The motion is approved (7 -0 -1, Matz abstains).
Flannery: Motion to accept performance bond in the form of a Form G Covenant. Kilcoyne
seconds the motion. The motion is approved (7 -0 -1, Matz abstains).
Flannery: Motion to endorse the plans with construction completion date of June 6, 2020.
Kilcoyne seconds the motion. The motion is approved (7 -0 -1, Matz abstains).
Cluster Subdivision Plan Chapman's Corner Estates (Settlement Plan) — Request for One -
Year Extension of Construction Completion Date (July 28, 2018) — Manor Homes
Development LLC
Wynne comments that the applicant is requesting an extension for construction completion. She
tells them there are 32 building lots and they are about 70% completed.
Barrett: Motion to grant the request for extension of the construction completion date to
July 28, 2019. Mack seconds the motion.
Miller asks about access way required to be provided from the subdivision to the
open space. Wynne will look into the public access point being built into the
woods.
The motion is approved (7 -1, Matz opposed).
New /Other Business
a. 40R Application Form
Wynne tells the Board that their consultant created a new 40R application form and she is hoping
the Board will adopt and add to their regulations. Hutchinson asks if the form has the Planning
Department's approval. Wynne tells her yes. Miller asks if there is any requirement to include
maps and anything in electronic form. Wynne tells him the form reflects that as one of their new
requirements.
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Beverly Planning Board
Meeting Minutes
July 17, 2018
Flannery: Motion to accept the development application for 40R. Boesch seconds the
motion. The motion is approved (8 -0).
Adjournment
Mack: Motion to adjourn the meeting at 8:35 pm. Barrett seconds the motion. The
motion passes (8 -0).
s