11-20-18 BPB MinutesCITY OF BEVERLY
PUBLIC MEETING MINUTES
Board: Planning Board Meeting
Date: November 20, 2018
Location: Beverly City Hall, City Council Chambers
Members Present Chair Ellen Hutchinson, Vice Chair Ned Barrett, William Boesch,
Zane Craft, Ellen Flannery, Allison Kilcoyne, James Matz
Members Absent: David Mack, Wayne Miller
Others Present: Darlene Wynne Assistant Planning Director, Aaron Clausen
Planning Director, Emily Hutchings Associate Planner
Recorder: Samantha Johanson, Recording Secretary
Chair Ellen Hutchinson calls the meeting to order at 7:01 p.m.
Subdivision Approval Not Required Plans
a. 320 Essex Street and Meadow Road — MPM Companies, LLC
Materials provided into the record:
Form A: Application for Endorsement of Plan Believed Not to Require Approval, dated
11/12/18.
"Plan of Land" scale 1 " =20', prepared for MPM Companies, 320 Essex Street and Meadow
Road, Beverly, MA, prepared by LeBlanc Survey Associates, 161 Holten Street, Danvers,
MA 01923, dated 11/12/18.
Planning Department Staff Reports
The applicant is seeking ANR endorsement to create 3 lots (2 new) and 1 unbuildable parcel
from the combination of Parcel 57 -68 (Meadow Road) and Lot 57 -9 (320 Essex Street). Meadow
Road and Essex Street are public ways in the City and the proposed new lots front directly on
these ways. Each of the 3 lots proposed has sufficient frontage ( >125') and area ( >15,000 sf).
Robert Griffin of Griffin Engineering shows the Board the plan and tells them there is a parcel of
land that is controlled by FDIC and it was an unbuildable parcel when it was part of the Meadow
Road Subdivision back in the 1980s. MPM Companies LLC owns the remainder of the land,
which has more than 125 feet of frontage and exceeds the R15 requirement. In addition, they
have more than 125+ feet of frontage on Meadow Road. They currently have 3 buildable parcels
and they are leaving 1 unbuildable lot by the stream. He says each lot conforms to the R15
requirements except for the unbuildable parcel. There are no wetlands on the land.
Hutchinson asks Griffin about the updated application as a result of title search. Griffin tells
Hutchinson it was done by an attorney in Peabody. Thomas Alexander tells Hutchinson that he
had hired a title examiner to do it.
Ned Barrett asks if there are any back taxes on the property. Griffin tells Barrett that he is aware
of that. Barrett comments that the Planning staff will be looking for a condition on the approval
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of this that includes payment of those outstanding taxes. Alexander comments that the applicant
would have to pay off the FDIC before they even get the title.
Hutchinson asks Darlene Wynne if that is acceptable to the Planning Department. Wynne
comments it appears there is commitment to pay the taxes at the time of the Purchase and Sale.
She explains that if it is not done, then the lien will remain on the property. Barrett asks if there
will be a conveyance in the plan and Griffin tells them that the plan is to convey the strip of land
from the FDIC to the MPM Companies, LLC into two new parcels.
Alexander comments that the City didn't know who owned the property. He found out that the
FDIC owned it and they informed the City. Barrett asks if they want to do anything with the land
will they have to pay off the back taxes. Alexander comments that yes they would have to pay it
off otherwise they couldn't have the title.
Barrett: Motion to endorse as Subdivision Approval Not Required. Ellen Flannery seconds
the motion. The motion is approved (7 -0).
b. 16,18 Doane Avenue— Kerrie L. Douglas E. Feener
Materials provided into the record:
• Form A: Application for Endorsement of Plan Believed Not to Require Approval.
• "Plan of Land 14 & 18 Doane Avenue, Beverly, Massachusetts" scale F' =20', prepared by
Atlantic Engineering & Survey Consultants, Inc., 97 Tenney Street, Georgetown, MA
0 183 3, dated November 13, 2018.
• Planning Department Staff Report
The applicant is looking to adjust lot lines on two existing lots with each lot containing an
existing residential structure. The property previously received ANR endorsement in June 2017
and September 2017, for a different area of the lot. The plan will create a 3,703 sf non - buildable
parcel from a portion of 14 Doane Avenue to be deeded to 18 Doane Avenue.
Wynne comments that the applicant was unable to attend the meeting and notes that the Board
has seen this property before. She tells them that they are looking to transfer Parcel Y from the
main lot to Lot 1B. It will be an internal lot line change so it doesn't relate to frontage.
Hutchinson asks if it meets all the requirements. Wynne tells her that it is a lot line change and
not establishing new frontage.
James Matz asks what the difference is this time as opposed to when the plan was before them
last time. Wynne answers that previously they were looking to build on an addition on the left of
the property and they had needed more lot area to meet setback requirements.
Hutchinson then asks if the side setback should be 15 feet for R10. Wynne tells her yes.
Matz asks if anything is nonconforming and are there any concerns. Wynne answers no.
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Barrett: Motion to endorse as Subdivision Approval Not Required. Flannery seconds the
motion. The motion is approved (7 -0).
Recess for Public Hearings
Flannery: Motion to recess to Public Hearing. Matz seconds the motion. The motion
is approved (7 -0).
Continued Public Hearing: Livingstone Avenue Definitive Subdivision Plan (7 Porter
Terrace — Livingstone Avenue — Extend existing roadway and create 3 new residential lots
— 7 Porter Terrace LLC
Wynne tells the Board that the applicant is requesting a continuance and extension of time for
Board to take action. They are looking to continue to the December 18, 2018 meeting, with the
final review period to be extended to December 31, 2018. She notes the project is on the agenda
for the Conservation Commission meeting on November 27, 2018. The Planning Board had
requested that the applicant go through the Conservation Commission before they made a final
decision.
Barrett: Motion to continue the Public Hearing to the December 18, 2018 regular meeting
and extend the deadline for the Board to review the application to December 31,
2018. Flannery seconds the motion. The motion is approved (7 -0).
Public Hearing: Waiver of Frontage Requirement & Definitive Subdivision — 26 Porter
Terrace — create 1 new lot with inadequate frontage — Derek A. Hurley
Materials provided into the record:
• Form A -1: Waiver of Frontage application, dated 10/8/18
• Form C: Definitive Plan application, received dated 10/25/18
• "Plan of Land at 26 Porter Terrace, Beverly, Massachusetts," scale 1 " =20', dated 10/5/18,
prepared for Derek A. Hurley, 26 Porter Terrace, Beverly, MA 01915, prepared by Atlantic
Engineering & Survey Consultants, Inc., 97 Tenney Street, Georgetown, MA 01833.
• Decision on Variance by Zoning Board of Appeals, dated 9/6/18.
• List of Waivers requested from the Subdivision Rules and Regulations
• Memo from William Burke, Director of Public Health, dated 11/1/18
• Letter from Lisa A. Chandler, PE, Engineering Department, dated 11/15/18
• Letter from Tony DiRuzza, Beverly Police Department, dated 10/30/18
• Planning Department Staff Reports
Wynne reads the Public Notice.
The applicant is seeking to create two lots from one lot. Both lots will have less area and less
frontage than required by the R -10 Zoning District. They are requesting a Waiver of Frontage
(which also requires a Definitive Subdivision Plan application) from the Planning Board. The
existing lot has 50' of frontage and 11,000 s.f. in total area; Lot Al will retain 50' of frontage
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and be reduced to 5,500 s.f in area. The new lot created (Lot A2) will also have 50' of frontage
and 5,500 s.f. in area.
Thomas Alexander, 1 School Street Beverly, tells the Board that this is a subdivision in Ryal
Side which is bordered by Kernwood Avenue and Porter Terrace. The neighborhood resulted
from an 80 lot subdivision that was created in 1912. Almost all of the lots have 50 feet of
frontage and 5,000 s.f. of area, except for the one they are there for, which is owned by the
Hurley's. He notes the lot has 50 feet of frontage on two public streets, one of which is Porter
Terrace, where their existing house is, and the other on Kernwood Avenue, 200 feet away from
where their house is.
Alexander explains they went before Zoning Board of Appeals (ZBA) to request a variance for
reduced lot size and frontage, to allow a buildable lot to be created. The process also requires
them to get a Waiver of Frontage from the Planning Board. Alexander tells the Board that 19
neighbors signed a petition in support of this, presented at the ZBA meeting. There are 32 houses
within 300 feet of this property that have 50 feet of frontage so it will be similar to the others in
the neighborhood. He notes the Subdivision Rules and Regulations are concerned with building
new roads and that they are not building new roads because the lot is on an existing public way.
The determination for the frontage provided will allow access to this property for public safety
and emergency services.
Alexander comments that the City Engineering Department wrote a comment letter and they are
willing to except those recommendations as conditions with this decision.
Hutchinson comments that in the minutes of the ZBA, the applicant agreed to a maximum height
of the house to 30 feet. Alexander comments that the decision says it is subject to conformance
of the plans shown. Hutchinson comments that a neighbor was concerned about drainage and
potential water. Alexander comments there is a provision for drainage on the site and they have
worked that out with the Engineering Department.
Flannery: Motion to close the Public Hearing. Zane Craft seconds the motion. The motion is
approved (7 -0).
Hutchinson reminds the Board to review the waivers that can be used as conditions in the
decision.
Flannery: Motion to grant a Waiver from Frontage Requirements and approve a Definitive
Subdivision Plan, granting all of the waivers as requested in the attached letter, to
the extent shown on the plan, and subject to the following conditions: (1) That
water /sewer connection permits are required. A Water Demand Fee will be
assessed based on Domestic Line sizes at the Foundation at the Building Permit
Phase. (2) That As -Built drawings shall be submitted. 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, stamped by a Licensed Professional Engineer, generated
directly from the electronic AutoCAD files_ These drawings shall be delivered
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prior to the sale /installation of the required water meters. (3) That Erosion Control
and Drainage Alteration Permits will be required prior to construction. (4) That all
construction is subject to quality control testing at the discretion of the
Engineering Department, at the expense of the Contractor /Developer /Owner. This
includes but is not limited to: Sieve Analysis, Compaction Testing, Slump Tests,
Corings, Borings, Pressure Testing, Water Quality Testing, and CCTV Inspection.
Testing may be requested prior to, during, and following placement of materials.
Any defects or deficiency identified will require repair or remediation prior to
acceptance (i.e. Street Acceptance, Certificate of Occupancy, Certificate of
Compliance)_
Allison Kilcoyne seconds the motion. The motion is approved (7 -0).
Discussion /Decision: Amendment to the Beverly Zoning Ordinance - Order #213
Establishing Land Use Categories & Regulations for Mariivana Establishments
The Beverly Planning Department's Planning Director, Aaron Clausen presented proposed
changes to the Proposed Zoning Amendment, which was initially discussed at a joint public
hearing with the Beverly City Council on November 5, 2018.
Hutchinson tells the Board that they will determine whether or not to recommend the Proposed
Zoning Amendment to City Council. Wynne comments that James Matz and Allison Kilcoyne
were both absent the night of the Joint Hearing with City Council regarding this matter and have
both certified that they have reviewed the evidence, including the video, pursuant to the Mullin
Rule and therefore eligible to vote.
Aaron Clausen, Planning Director, reviews some of the recommended recommendations to the
amendment. They have two proposed changes that they are suggesting to go into the amendment.
Clausen comments that they have made a change on page 7, Section B, paragraph 2 and what
would trigger a special permit. The second change on page 11, was regarding the application
process and what needs to be submitted to begin that process with the Zoning Board of Appeals.
They want to include a provisional license to be an applicable or eligible application component
of the final license. This would indicate that the Cannabis Control Commission (CCC) has had
an opportunity to review the license application and has given a provisional pre - approval. They
can proceed to construction once they have local entitlements in place. They would at least need
a provisional license from the CCC.
William Boesch asks if the applicant can start the process sooner but they will ultimately need a
final license. Clausen tells him yes.
Clausen tells the Board that while preparing for the meeting there were a few other minor
changes made to the amendment. On page 2 under the definition for Craft Marijuana
Cooperative regarding the last sentence that reads: "A cooperative is licensed by the CCC to
cultivate, obtain, manufacture, process, package, and brand cannabis or marijuana products to
transport marijuana to Marijuana" should be changed to "to transport marijuana to marijuana
establishments."
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Clausen notes a change on page 8, paragraph 6, which reads "30 calendar" and it should say "30
calendar days." He comments that as part of the process as soon as the application was received
by the Zoning Board of Appeals that it has to be distributed to City departments and this will
establish a timeline of when it needs to get back to the Zoning Board of Appeals.
Hutchinson comments about the Microbusiness definition on page 4 and how it does not have an
actual definition. Clausen tells her that is supposed to be the definition of Microbusiness.
Clausen explains that a Microbusiness under CCC regulations is encouraging them to set up a
type of marijuana establishment on a smaller scale. It allows an establishment that co- locates a
cultivator, manufacturer, producer, production facility that produces less than 2,000 lbs. of
marijuana a year. So that means it will be establishing a microbusiness based on scale of the
product they make. Clausen explains that it is important under the CCC guidelines equity policy
to support small business development. They are hoping to not have just cannabis companies
dominating the market. There is a process with the CCC where they can accept these license
applications from companies that will have this scale of business. So that definition is geared
more towards that particular licensing process and they want to make sure that the zoning aligns
with various types of marijuana establishments created by the CCC. So they don't distinguish the
microbusiness use from a typical marijuana production facility as its been zoned in terms of
location.
Kilcoyne asks if the businesses doing the dispensing and selling, if there is no consumption on
site. Clausen says that there is no onsite consumption under the zoning ordinance. However, the
CCC regulations may allow it in the future. Kilcoyne then asks about the 3% tax that goes back
to the City and how it is decided about where that money is reinvested back into the City.
Clausen comments that the 3% sales tax and limitation of the total number of retail facilities is
separate from zoning, and it was submitted the same night to City Council for consideration.
Clausen tells Kilcoyne the 3% tax would go right into the City's general account. Through the
host agreement process the City could negotiate impact fees up to 3% of gross sales of that
facility. However, that 3% could go towards things like education and preventing drug use.
Hutchinson asks about page 8, under the Peer Review in section 7, that it mentions "The Zoning
Board of Appeals and /or Planning Board may require an applicant to pay for reasonable
consulting fees to provide peer review of the application or subsections of the application for a
Special Permit, pursuant to M.G.L. c. 44, §53G and /or any other applicable law. Hutchinson then
asks if site plan review wouldn't be part of the application process. Clausen comments it would
be only if required under the current triggers in the zoning ordinance.
Hutchinson then asks about CCC guidance about equitable cannabis policies for municipalities
and does that have any impact on zoning and what the City is trying to accomplish. Clausen
notes that a lot of people at the Public Hearing were encouraging the City to consider economic
empowerment applicants, in particular with respect to waiver requests or buffers. He says the
CCC is encouraging applicants who may have been a victim of the war on drugs, arrested for
marijuana, etc. and so the CCC is opening up the door of empowerment to these communities.
He says the City can't build a waiver with criteria around an applicant's makeup. The City has
proposed buffer requirements between retail and RMD facilities to help prevent concentrations.
The objective is to distribute the retail and RMD facilities throughout the City. He adds, the
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recommendations from the CCC involve the host community agreement process and how a
community interacts with it. The CCC recommended with regards to zoning to not create too
many buffers so not to restrict opportunities for locations of the facilities. So they don't want to
overly restrict opportunities for locations for these facilities, because that could result in not
having an environment to accept economic opportunities. Clausen believes they are in good
shape with respect to proposed zoning districts and even though they have buffers between
schools and retail and RMD locations the distribution is in larger areas that can be spread out.
Matz asks if with all the buffers, even though 2,000 feet apart (about a 1 /2 mile), is there an idea
of how many facilities it might entail. Clausen tells Matz that the number of facilities is based on
20% of liquor licenses in the City, which would be 4 total. The RMD facilities don't have that
same limitation under the CCC regulations. Clausen comments that even with the buffer, they
could locate 3 facilities downtown, in addition they could have 2 facilities in North Beverly on
Route IA and at the airport which would still have a 2,000 -foot buffer.
Flannery asks if there is no restriction on number of RMD's. Clausen tells her that is correct.
Boesch asks Clausen how many inquiries about possible host agreements have they received.
Clausen tells Boesch that they have had about 13 individuals inquiring about the zoning, timing,
and expectations. Emily Hutchings, Associate City Planner comments that some of these
individuals already have locations in mind. Clausen then adds that there is a wide variety of how
far along they are all in the process. Boesch comments about a level playing field for applicants
and how this will turn into a race to the finish with wanting a location in the same buffer zone.
Boesch then asks what the plan is for controlling the process for all applicants because there may
be ones that have more money and make things move faster in the process. Clausen says that
they are still working out how to approach the host community agreement process. There is
broad difference of where applicants are at with regard to concept and business plan and it is
probably not a functional approach. Clausen then states that a lot of people are not interested in
retail but looking to do production. He notes the buffer areas don't apply to the production
facilities. The minimum requirement would be that they meet the special permit requirements
and have the ability to meet the CCC regulations. Clausen then adds that there will be an initial
meeting where they will lay out the process, and then review and negotiate. There will be a rush
but not a rushed process.
Kilcoyne asks about the prior reference at the Public Hearing about waiving buffer zones, and
would it only be the 2,000 -foot buffer zone that is eligible to be waived or any of the buffer
zones, and what Board would waive them. Clausen explains that the ZBA would look at the
criteria of the waiver and it would center on distance between the facility and the land use that is
existing that has a buffer around it. It would have to be 500 feet from parcel boundary to
boundary. Clausen shows the Board on the plan an example of the 500 -foot boundary which
would knock out some areas in the City. However, he notes there are some natural buffers that
would fall within a 500 foot buffer, and on a case by case, they want to keep that option open.
Matz asks about there being no use of the product at these facilities. Clausen tells him there will
be no public consumption allowed. Matz then asks what someone would do in the event someone
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is consuming marijuana in public. Clausen says that it wouldn't be allowed and they can report
it, but someone can smoke in their own backyard.
Hutchinson tells the Board that they have the proposed zoning ordinance with the proposed
amendments before them. There are three amendments made to the proposed order 1) Section
B(2) clarification on what projects are subject to site plan review, 2) Section C1(1) the addition
of the word final with regard to licenses needed for operation 3) Section F(2) either a provisional
or a final license is acceptable for submission of the Special Permit applications, and two other
scriveners errors that will be corrected. One being page 7, C(1), Zoning Appeals Board should be
Zoning Board of Appeals and on page 8, C(6) 30 calendar should be 30 calendar days.
Wynne adds that they are making a recommendation to City Council whether or not to adopt the
ordinance.
Barrett: Motion to recommend to City Council to adopt the proposed zoning ordinance
with amendments and changes addressed in this meeting. Flannery seconds the
motion. The motion is approved (7 -0).
Request for Minor Modification ( #3) to Site Plan Review: Site Plan 4111 -13 — 50 Dunham
Road (48) — Cummings Properties, LLC
The Board approved a minor modification back in October 2018 for a site plan at 50 Dunham
Road, which was originally approved in July 2013 for the construction of a 5 -story mixed use
building and a 5 -story open parking structure.
Wynne tells the Board they received a letter from Cummings Properties, LLC that they are
withdrawing their modification request from tonight's agenda and they will submit a full site
plan application for 44 Dunham Ridge at a later date. The letter also notes that the property may
be sold to a Y party in the future.
Barrett: Motion to accept withdrawal of request without prejudice. Flannery seconds the
motion. The motion is approved (7 -0).
Open Space Residential Design Site Plan (OSRD) #8 -15 and Definitive Subdivision Plan —
11 -15 Sunnvcrest Avenue (Sunnvcrest Circle) — Acceptance of Irrevocable Letter of Credit
as Performance Bond — PD Building, LLC
Materials provided into the record:
• Planning Department Staff Report
• Email from Sean Ciancarelli, Assistant City Engineer, dated 11/6/18
• Letter entitled Cost -to- Complete Estimate, Sunnycrest Circle, by Robert Griffin, Griffin
Engineering, dated 11 / 1 / 18
• Letter from PD Building LLC, dated 11/6/18
• Draft Irrevocable Letter of Credit from Haverhill Bank dated 11/15/18,
• Form H Release Form, to be executed
• Form F Performance Bond
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The applicant is requesting the Board's acceptance of a Performance Bond in the form of a Letter
of Credit for the remaining infrastructure, roadway, and lot construction at Sunnycrest Circle.
Wynne tells the Board that they are looking to release the lots at this time. They have done some
preliminary roadway construction but have additional roadway to construct. Therefore, the
typical process is they exchanged the paper Covenant (Form G) for financial surety, and the
applicant included an irrevocable letter of credit as the surety and the amount is estimated to
complete the roadway part of the project for $61,509. The City Engineer has verified and agreed
with the requested amount. Wynne tells the Board that she has the Letter of Credit from
Haverhill Bank, Form G Covenant, and Form F which establishes the performance bond.
Barrett: Motion to release the Form G Covenant as amended. Boesch seconds the motion.
The motion is approved (7 -0).
Barrett: Motion to accept the Form F and the Performance Bond, in the form of an
Irrevocable Letter of Credit in the amount of $61,509 granted by Haverhill Bank.
Flannery seconds the motion. The motion is approved (7 -0).
Wynne comments that the letter of credit is only good until March 2019, it is their current
mortgage commitment, so they will have to return with a new letter of credit.
New /Other Business
a. Confirm Planning Board 2019 Meeting Schedule
Wynne comments that the proposed schedule has 15 meetings, with each about 3 weeks apart.
Flannery asks how many meetings they had this past year, and Wynne tells her they had 18.
Kilcoyne: Motion to accept the Planning Board 2019 Meeting Schedule. Craft seconds the
motion. The motion is approved (7 -0).
b. Matz comments that they need a new appointee from the Planning Board for the Community
Preservation Committee. He would like for someone new to step up because he is the current
Planning Board Community Preservation Committee representative. Matz comments that
some of the topics they handle are Open Space, Historical Preservation /Restoration, Parks
and Recreation, and Housing. The meeting is on the Y Thursday of the month from 7pm-
9pm.
c. Wynne announces that David Mack and James Matz will be stepping down from the
Planning Board. They are looking for replacements to fill those positions.
Adjournment
Barrett: Motion to adjourn the meeting at 8:14 pm. Flannery seconds the motion. The
motion is approved (7 -0).
PJ