2-26-19 BPB MinutesCITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Planning Board Meeting
Date:
February 26, 2019
Location:
Beverly City Hall, City Council Chambers
Members Present
Chair Ellen Hutchinson, Vice Chair Ned Barrett, Sarah Bartley,
Derek Beckwith, Alexander Craft, Ellen Flannery, Wayne Miller
Members Absent:
William Boesch, Allison Kilcoyne
Others Present:
Assistant Planning Director Darlene Wynne
Recorder:
Samantha Johanson, Recording Secretary
Chair Ellen Hutchinson called the meeting to order at 7:02 p.m
Subdivision Approval Not Required Plans
a. None.
Approval of Minutes (as available): November 5, 2018
Tabled to next meeting
Set Public Hearing: Site Plan Review Application #138 -19 — 50 Dunham Road — 44
Dunham Ridge — Construct a two story high -bay building for manufacturing, office, and
storage use, with associated surface parking — Dunham Ridge LLC
Ellen Flannery: Motion to set Public Hearing for the April 9, 2019 meeting. Zane Craft
seconds the motion. The motion is approved (7 -0).
Request for a Minor Modification: OSRD Site Plan #10- 17- Hickory Wav (f.k.a 20.30 & 40
Webster Avenue) — Permission to use the existing cart path located within Open Space
Parcel 1 to provide temporary access and egress for the existing 20 Webster Avenue 5-
family residence while the subdivision roadwav is under construction — Hickory Hill LLC
c/o Griffin Engineering Group LLC
Materials added into the record:
• Letter from Griffin Engineering, dated 2/19/19
• Sheet A -1, Temporary Access & Egress & Restoration Plan, prepared by Griffin Engineering
Group, dated 2/19/19
• Figure 1, Hickory Hill Way Existing Access to 920 Webster Ave & Approved Subdivision
Roadway, prepared by Griffin Engineering Group, dated 2/19/19
• Planning Department Staff Report
• Letter from C. LaPointe, ECGA dated 2/26/18
• Letter from H. Lacirignola, abutter dated 2/26/19
• Letter from Mia Nehme, abutter dated 2/22/19 (relates primarily to an issue before the ZBA)
• Letter from C. Mann (as himself) dated 2/22/19
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Meeting Minutes
February 26, 2019
The applicant is seeking permission to use a cart path through Open Space Parcel 1 for
temporary residential vehicle access during construction.
Bob Griffin of Griffin Engineering shows the Board a map of where this property is located. He
notes that construction started last fall and they did some clearing and blasting of the area and
includes a new +1 -500 ft roadway from Webster Avenue named Hickory Way, approved by the
Planning Board. The property has been sold to Patch Development, who will complete the
development. They are looking to use an existing cart path on the property on a temporary basis
to provide access to the existing multi - family house and to not reduce delays in construction
activity that would result from having to share the primary driveway. They are proposing to use
the cart path to improve the safety of the people living at 920 during construction and it will
provide emergency access as well. Griffin shows a closer look of the site and notes this portion is
within the wetland resource area. Therefore, this request is also going before the Conservation
Commission. He adds they will return the open space parcel and will restore it once it is
completed.
Hutchinson asks how the cart path was used prior to approval of the OSRD plan. Griffin explains
that the prior owner drove his vehicle on it from time to time. It has also been used for walking.
A portion is used by the owner of 452 Webster, approximately 200 feet of the road, primarily in
the winter because their driveway is too steep.
The request is in two phases. First, to have temporary use of the cart path during construction
because the contractor believes it is necessary to build that 500 -foot section of road. Second, is
the restoration of the parcel. Essex County Greenbelt Association (Greenbelt) will be conveyed
this parcel of the land, which begins at Webster and goes back to the building parcel. He notes,
Greenbelt indicted they would like to see some parking spaces constructed on Webster Avenue,
possibly for 4 -5 cars and gravel. He suggests, that perhaps a wider path would be more
appropriate for the usage that they anticipate. Where the cart path runs on the single - family
property it will be discontinued. He adds that there is a 25 -foot wide easement to get from the
cart path to the Greenbelt land so that those using the property of the Greenbelt won't have to go
up the steep slope to get to the flatter portion of the site.
Darlene Wynne comments that the connections to the right of Lot 3 are smaller portions that are
also within the no disturb area. The Board should take this into account. Griffin says he doesn't
believe they are disturbing in that area. Wynne notes that the plan shows widening and laying
down of gravel and that this will be an area used by cars, which seems to indicate being
disturbed.
Ned Barrett asks what kind of surface they are putting down on the cart path. Griffin says it will
be gravel and is able to support trucks going back and forth. He adds that the contractor got
ahead of themselves and started spreading gravel over this route in December. Hutchinson
comments that she remembers a grassy path prior to the start of construction and that it wasn't
gravel. Griffin denies that and tells her that it had gravel prior and some grass had grown over
the path through the years. Hutchinson is concerned with the restoration, that what is proposed is
not restoring it to the prior condition. She adds that the neighborhood really likes the
attractiveness of the cart path and sees it as a unique feature. She wouldn't approve of anything
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February 26, 2019
that doesn't restore it to its prior construction. Griffin elaborates on the restoration, noting that
they would do whatever Greenbelt prefers. He says that they would remove any excess gravel if
needed. They are going to top dress the area that isn't gravel with loam and also add 12 trees. It
will be narrowed, better vegetated, and smoothed out and looking very natural.
Hutchinson comments that this does not feel like a minor modification. Barrett comments that if
they are willing to put it into any condition that Greenbelt wants when they are done with it
because they are taking ownership of it, then he feels it makes sense for the residents to use that
path for now. What is most important is leaving it in a condition that Greenbelt wants when they
take it over.
Derek Beckwith comments that the work that has been started looks more extensive than what
Griffin explained. He says there are truck marks and there are bales of hay blocking the bottom
and all the way up to the top. Griffin comments that the owner of the abutting property is using it
to access his property. He adds that when the construction company put gravel down during the
winter, the Conservation Commission stopped that and requested they put in the hay bales to
protect the area. Beckwith asks what the original plan was for construction. Griffin comments
that it was probably not thought out completely during the prior review and adds that he suspects
the prior owner would have evicted the tenants. Wynne comments that the prior owner said he
intended to keep the existing tenants in the property. Beckwith asks how they get to Webster
currently. Griffin says they have to use the existing driveway, which has to be improved.
Flannery asks other than the Greenbelt area, what else needs to be restored after construction.
Griffin tells her that the southern 400 feet of the cart path will get consumed by the proposed
construction of Lot 3 & 4, so there will be no restoration in that area. He shows the section that
will be restored, back to Webster and that would all be owned by Greenbelt.
Wayne Miller confirms that the request is for improved safety and emergency access. Griffin
concurs. Miller asks if they did not consider blasting coming into consideration. Griffin tells him
that cars can't drive on the roadway if blasting is occurring. Griffin comments that if the cart
path is not available, that this will slow down the construction progress and they may stop traffic
from time to time. Griffin believes that at the time of approval, the residents at 920 were not
going to be an issue.
Miller asks for clarification about how the contractors got ahead of themselves and were in
violation. Griffin tells him that gravel was placed on the cart path from part of the site down to
Webster Avenue. Miller asks if that process has been reviewed and finalized by the Conservation
Commission. Griffin says they have to go back to the Conservation Commission. Miller asks if
there are other compliance issues. Griffin says no. Miller asks if they should even be considering
if this is a minor modification since they have made violations. Wynne says it is part of the
record and the Board could consider compliance history. Miller would like to review the
correspondence regarding this issue to see if they need to have a Public Hearing.
Wynne reads the Board a list of the emails /letters she received regarding this modification
request. Annemarie Nehme and Curtis Bowman, in a letter dated 2/26/19, are objecting to the use
of the cart path. They also commented on a two -lane roadway versus a single circular roadway
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throughout the site. She received an email from Charlie Mann stating that the Open Space and
Recreation Committee didn't have an opportunity to meet about this, but his personal opinion is
that he is okay with the applicant doing this as long as it is restored to the prior grassy condition.
She noted that Chris LaPointe, representing Essex County Greenbelt commented that they are
generally supportive for use of the cart path as long as it is restored to its original condition.
They requested all grading and drainage work to be done to mitigate impact to adjacent
properties. They also suggested a desire for a few parking spaces, which was not included in this
request and would be separate in the future. She noted the Open Space Residential Design
Ordinance does allow an area for a walkway and public parking areas. She also received an
email from Hillary Lacirignola who had concerns about the current path, runoff and future
maintenance, impact to street and existing roadways, and paving of the cart path. Another earlier
letter from Annemarie Nehme related more towards the other property ( 920, under separate
ownership), but does mention that there was more blasting than expected with this project.
Wynne asked for comments from the Engineering Department, but noted they have no conditions
to suggest and that they have no plans at the time to improve Webster Ave.
Hutchinson comments that a Public Hearing may be useful to 1) hear what the neighbors have to
say and 2) to review the files to see what the concerns and discussions are about the cart path.
Craft comments that not having heard from the Conservation Commission that it may be
premature to determine it as major or minor and that they may have additional conditions that
would affect the major /minor discussion. Hutchinson comments that if they table it for the next
meeting in March, and then determine that a public hearing is warranted, that would put it off for
a meeting in April. She notes that if it was determined to be major at this point, they could
schedule the public hearing for March.
Barrett: Motion to determine this is not a minor modification. He notes his reasoning for
this decision is to have some input from Conservation Commission and to have
additional input from what Essex County Greenbelt Association is looking to do
at the site, so the Board could determine an amount for a performance bond.
Flannery seconds the motion. The motion is approved (7 -0).
Flannery: Motion to schedule a Public Hearing for March 19, 2019. Miller seconds the
motion. The motion is approved (7 -0).
Request for a Minor Modification of Special Permit #114 -07 and Site Plan Review #88 -07:
10 -16 Congress Street — Add a roof deck to the southern end of both Building A and
Building B and other updates of the building elevations including change in exterior color —
Beverly Office Development, LLC c/o Alexander & Femino
Materials added into the record:
• Minor Modification request (minor) from Thomas Alexander on behalf of the applicant,
dated 2/19/19
• Plan Set: Congress Street Apartments, 12 sheets, dated 1/30/2019, prepared by DMS design,
LLC
• Letter from Emily Hutchings, on behalf of Design Review Board, dated 2/8/19
Beverly Planning Board
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February 26, 2019
• Email from D. Skolski dated 2/26/19
• Planning Department Staff Report
The Planning Board approved the Site Plan Review and Special Permit in May 2007 and a major
modification to the project in 2016. The proposed new buyer of the property plans to keep the
general site layout and structure design from the 2016 Special Permit approval, but would like to
make the following modifications: addition of roof deck on each building, building color,
placement of some building materials and some window sizes /shapes, and height of building
appurtenances serving the roof deck (elevator and stair tower) exceeding 37'.
Thomas Alexander, offices at 1 School Street, Beverly, is present for owner Beverly Office
Development, LLC. Alexander gives the Board the background on the property. In 2016, they
had a major modification reducing the units from 72 to 62 units and changing the site layout.
They are seeking to make a minor change to the property by adding roof decks to building A &
B and change the color. He notes the Design Review Board has reviewed the changes and has
recommended it to the Planning Board.
Dan Skolski is the architect on the project from DMS Design. Skolski shows the Board
renderings from the water side and from Congress. They want to do two minor modifications,
however, they will be keeping the building at 62 units, noting there was an error in the submitted
floor plans. The changes they would like to make are to add roof decks to buildings A & B,
change the color of the exterior, and make some other minor changes in the exterior details. The
roof decks will be the same on both buildings and will be located on the southern end of each.
The roof will be flat, but dormers are staying the same, as well as the height of the building.
There will be a railing on the deck and they will add a shade portion on the roof deck. The stairs
and elevator would come up an additional story to provide the roof deck accessibility. The color
change will be on the siding and trim and it would be white with black accents (roofs, railings,
doors, window frames). They will be adding some natural wood element as additional trim for
the supporting brackets. They are proposing recesses to be a dark grey color. Everything will be
identical on Building A& B.
Miller asks about the height change. Skolski tells him the height of the building stays the same
but the access space from the elevator shaft and stair doesn't count in building height. He says it
would be about 13 -14 feet higher.
Hutchinson asks for the dimensions of the cupola. Skolski tells her the tallest portion of the
building is the elevator and is under 9x9 feet, which is 81 sq. feet.
Miller asks about the size of the elevator and is it the same size as it was previously. Skolski
explains that they are adding one story to the elevator, because it did not previously access the
roof. Miller then asks what percentage of the roof area is being taken up by the decks. Skolski
tells him that 25% of the roof will be the roof deck (flat area). Miller asks if they did an
assessment for solar panels for the roof to see if it would be cost effective. Skolski tells him once
they do the next phase to see how much space they have after HVAC units and condenser units;
they may be able to consider it.
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Ned Barrett asked if they got feedback from the Fire Department or Police Department. Wynne
tells him they haven't gotten any feedback. Alexander comments that with regard to the Fire
Department and Police Department that its minor. Barrett comments that a roof deck may have
public safety issues for the Fire Department and issues for noise and crowd control may be a
concern for the Police Department, if it is open during certain hours. Alexander comments it
would be subject to all building codes. Barrett asks if there are any special considerations for
emergency egress stairway. Skolksi comments that the roof deck will be compliant. Skolski then
tells Barrett the roof deck will have hours of restriction.
Hutchinson asks what the capacity of the deck will be. Skolski tells her that it will be about 49-
person maximum. Hutchinson then asks how many units will be in the building. Skolski tells her
30 in one and 32 in the other.
Wynne comments that if they approve it, they should make a condition that they will need to
submit revised plans.
Barrett: Motion to deem as minor modifications. Flannery seconds the motion. The
motion is approved (7 -0).
Barrett: Motion to approve modifications with condition that the applicant shall submit to
the Planning Department revised plans, showing the 62 residential units, as soon as
possible but no later than at the time of filing the building permit application for
said project.
Flannery seconds the motion. The motion is approved (7 -0).
New /Other Business
a. Appointment: Planning Board member to Community Preservation Committee-
Derek Beckwith has offered to take the position.
Miller: Motion to designate Derek Beckwith to the Community Preservation Committee.
Sarah Bartley seconds the motion. The motion is approved (7 -0).
b. Beverly Master Plan Update
Wynne tells the Board that they have selected the preferred consultant, but they have not notified
them yet. Wynne comments that they can choose someone from the Planning Board to serve on
the Committee. It will be a 14 -month process, finishing by June 2020. March -June will be when
they are figuring out the public process. Public Outreach will be in the fall and then the
consultant will craft the plan, refine drafts, and then the Planning Board will act in April 2020 so
that City Council can approve the plan. Bartley asks what the role of the committee is. Wynne
tells Bartley that the person's role would be meeting attendance, review of materials, and
assistance with the outreach and making connections to different entities. She adds they are
looking for diverse representation of the committee, and it must include at least one Planning
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February 26, 2019
Board member, along with other committee representation, businesses, residents that represent
each ward (15 people total). The staff will oversee the consultant and process. The Planning
Board member is not attending as a board member, but to provide guidance.
Adjournment
Barrett: Motion to adjourn the meeting at 8:18pm. Flannery seconds the motion. The
motion is approved (7 -0).