04-30-19 BPB MinutesCITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Planning Board Meeting
Date:
April 30, 2019
Location:
Beverly City Hall, City Council Chambers
Members Present
Chair Ellen Hutchinson, Vice Chair Ned Barrett, Sarah Bartley,
Derek Beckwith, William Boesch, Alexander Craft, Ellen
Flannery, Allison Kilcoyne
Members Absent:
Wayne Miller
Others Present:
Assistant Planning Director Darlene Wynne
Recorder:
Samantha Johanson, Recording Secretary
Chair Ellen Hutchinson calls the meeting to order at 7:08 p.m
Hutchinson notifies the Public that anyone in attendance for the continued Public Hearings for
the 50 Dunham Road -44 Dunham Ridge project, and the Off Thaxton Road and Grover Street
project, they have been moved to the May 21, 2019 meeting.
Subdivision Approval Not Required Plans
a. None.
Approval of Minutes (as available): February 26, 2019
Discussion on Planning Board Minutes from February 26, 2019: Ellen Flannery submits changes
to the minutes.
Flannery: Motion to approve the February 26, 2019 minutes as amended. Zane Craft
seconds the motion. The motion passes (7 -0).
Allison Kilcoyne: Motion to recess to Public Hearing. Flannery seconds the motion. The
motion passes (7 -0).
Ned Barrett arrives at 7:13
Continued Public Hearing: Livingstone Avenue Definitive Subdivision Plan (7 Porter
Terrace) — 7 Porter Terrace, LLC
Materials added into the record:
• Planning Department Staff Report, dated 4/30/19
The Board has previously requested a third -party peer review of the storm water management
report and design for this project. After the initial review, the applicant took time to develop a
solution to some of the concerns raised. In addition, this application has been continued without
a hearing for a number of months. As a result, a new plan set was submitted on March 29, 2019
along with a revised storm water management report and distributed to the Board. The Peer
Review consultant has not yet completed his review of the revised plans and report.
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Meeting Minutes
April 30, 2019
Darlene Wynne tells the Board that the project engineer and applicant are requesting a
continuance of the Public Hearing to give them more time to respond to the Peer Review. In
addition, the abutters are also requesting an extension to have time to review the Peer Review.
Flannery: Motion to continue the Public Hearing to the June 18, 2019 meeting. Craft
seconds the motion. The motion passes (7 -0).
William Boesch: Motion to grant extension of time to review as necessary. Flannery
seconds the motion. The motion passes (7 -0).
Continued Public Hearing: 53 Williams Street Definitive Subdivision Plan — MJP
Properties — Creation of private way, demolition of existing single family residence, and
development of two single family residences.
Materials added into the record:
• Planning Department Staff Report, dated 4/30/19
This Public Hearing was continued without opening the public hearing at the April 9, 2019
meeting. Wynne reads the Public Notice. The applicant has proposed a new private roadway of
40' wide by 57' long that acts as a hammerhead turn - around at the end of Williams Street and
creates frontage for two residential single - family lots, where one lot exists now. An existing
house on the lot will be demolished and two new houses built. She then tells the Board that they
have received additional comment letters and has left a copy of each for everyone at their desk.
Bob Griffin of Griffin Engineering reviews the existing conditions. He shows the Board an aerial
photo noting it is a 1.08 -acre subdivision, with 163 feet of frontage in the R10 zoning district.
Griffin shows the Board additional photos as well as the survey plan that indicates an L shaped
parcel. He points out some wetlands on the property and a bordering vegetated wetland (BVW)
that flows in a southerly direction. The wetlands drain down through the golf course, and then
runs up to the wetlands and then connected to the stream to the corner of the site. He tells the
Board the whereabouts on the plan where the Conservation Commission jurisdiction applies.
Griffin mentions at the existing house located at 57 Williams Street, there are remnants of old
concrete foundations. In addition, the property has some small trees, along with some scrub
vegetation throughout.
Griffin says they are proposing to remove the existing house, as well as the old foundations and
build two, single family houses. They will also add a hammerhead turn- around to the new
roadway. In the new plan, the turn- around is extended another 25 feet in order to meet the
Building Inspector's calculation for frontage. Griffin then shows them the updated site plan.
With the turn- around being 25 feet longer it pushes the house a little bit further back. The
property has 1.08 acres total which allows approximately 20,000 sq. ft. for each lot. Griffin
explains that with the grading on the site that the water flows onto the property and then flows
down to the BVW. They are proposing to add two catch basins which will then flow into a
manhole, to the back part of the property and discharge underground which will flow down to
the BVW. This is the same drainage pattern that has existed in the past. They would like to also
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Meeting Minutes
April 30, 2019
add some infiltration onto the site and points out those areas on the plan. They will also add a
berm into the infiltration trench, which will be about 24 inches high. He shows the areas in
which it will be captured to slow it down, and it will flow into the ground or up over the berm
and downhill to the wetlands. This will help reduce the amount of water rate and volume in that
direction.
Griffin mentions that the hammerhead turn- around was determined favorable by the Fire
Department. The Fire Department did mention the houses may need sprinklers if they are more
than 500 feet from a water main. Since they last filed the plans, they have made some detailed
changes. They have added filters into the catch basins, which are stainless steel screens that will
catch some solids. They have added responsibilities to the HOA to have the system inspected and
make repairs as necessary.
Griffin tells the Board that they have asked for some waivers for the plan including:
1. Planning Board accept the Plans drawn at a scale of 1 " =20' instead of I"=40'.
2. That an Index sheet showing the entire subdivision at 1' =100" not be provided.
3. Request the plans not show the location of the trees to be retained with trunks over 6-
inches in diameter, measured 4 -feet above the ground. Trees located adjacent to the
proposed private way are shown in the plans. The project area is primarily wooded,
consisting of mature trees and scrub vegetation. The proposed work was located as close
to Williams Street as possible to limit the amount of clearing required for the project.
4. That the minimum width of the right -of -way be 50 -feet and the minimum pavement
width be 32 -feet.
5. That a dead end street not be longer than 500 -feet.
6. That instead of a cul -de -sac they will put in a hammerhead turn around.
7. No sidewalks since there are none currently on Williams Street.
8. No curbing since there is no curbing currently_
9. No street trees are being proposed because there is ample vegetation already on the site.
10. No fire alarm being proposed because that is from the old subdivision regulations.
Griffin notes that the Conservation Commission has reviewed the plan and there is some
correspondence in the staff reports but no major issues that they see.
Craft asks Griffin to give the details again of the width of the right of way. Griffin tells him that
the width is about 48 feet, so it is almost at the 50 -foot requirement, and the length is 82 feet. In
addition, the radius on the curbs is 30 feet. The total acreage taken up with the turn- around is
0.1 acres. On Lot 1 it is 0.4 acres, and on Lot 2, it is 0.2 acres, so the total area is 0.6 acres. Craft
then asks Griffin what is a paved surface and what is an unpaved surface on the right of way.
Griffin explains that it is 20 feet wide and each driveway is about 15 feet wide.
Boesch comments that they have a letter from the Environmental Planner about a conflict with
an exposed ledge. Griffin explains that it is an exposed ledge and the 100 -foot buffer zone runs
through it. If they were to remove the ledge, they would be encroaching within the buffer zone.
Griffin mentions that they won't remove the entire ledge and can possibly pin the footing of the
house to the ledge. They could possibly go deep to construct a basement. They are hoping to
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Meeting Minutes
April 30, 2019
hammer the ledge to get the building footprint in. There is about 8 -10 feet of ledge exposed that
would have to be removed to construct the basement.
Ned Barrett asks about the rip rap and is it already existing or something Griffin plans to install.
Griffin explains that there are two new catch basins and points out where the water flow area will
follow. It is all proposed construction. Barrett then asks if rip rap is favorable as opposed to pipe
or a water management system. Griffin says it is less expensive than installing a stone channel
and a rip rap discharge. They are looking to restore the current drainage system. He notes that a
neighbor does have concerns as some of the water flows by his retaining wall, however they are
not proposing any new construction by his property. Griffin believes they are improving that area
on their new plan. Griffin also explains that the rip rap is intended to stop erosion from
happening which will help slow the water flow down. Barrett asks Griffin what happens if the rip
rap floods. Griffin tells him that the water will go downhill to the channel, and then to the BVW.
Barrett comments that he is concerned for Mr. Mendola's property and the concerns he has
expressed for his property. Barrett then asks about possible erosion of Mr. Mendola's retaining
wall. Griffin shows on the plans where the water will be flowing in association with Mendola's
property and says that it won't affect his property. Barrett asks what he would recommend for
Mendola to do to further protect his property. Griffin tells him that the changes they have made
in the past couple of months including extending the pipes around the corner takes water that was
previously running along his wall and puts it into a different spot and flows with water away
from his property. Barrett asks about some other options and Griffin explains why those
wouldn't work. He explains that an infiltration strip to the ground would work better.
Barrett then comments to Griffin about some of the waivers that they are requesting. He asks
about the scale waiver noting that Griffin commented it is not a large lot, but then Griffin had
also asked to waive the mapping of the trees. Barrett suggests that maybe a compromise would
be to locate and map the trees 12 inches in diameter.
Hutchinson asks Griffin to describe infiltration strips. Griffin explains that they are usually 2 feet
wide and 2 feet deep with crushed stone and a pipe in the bottom of it. It moves water along
laterally in the back along the trench so if there is a spot in the ground that receives more water
than another, it will be able to get a lot of water to it. Hutchinson is concerned that this is a two
person /two home HOA, and asks if there is an itemized list of everything they would be
responsible for and what the cost of that would be. Griffin tells her that they would be
responsible for: inspections of the drainage system (first year, quarterly, and annually thereafter),
a report to the Engineering Department at the end of each year, with any deficiencies reported to
the department within 48 hours of discovery, site clean-up in the roadway, weekly litter clean-up,
significant oil leaks or spills should be cleaned up, wetland area be photographed and inspected
annually to show that it has not been disturbed or changing, and snow removal. Griffin estimates
that the cost will be around $5,000 a year for the HOA. Hutchinson then asks about the cost of
maintenance of the stormwater berm. Griffin comments that the home owners want to be sure a
lot of vegetation is not growing on the berm.
Derek Beckwith asks how far the retaining wall is at 51 Williams Street from the property line.
Griffin tells him that it is on the property line. Beckwith then asks how far from the property line
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will they be doing any construction work. Griffin points out where they will be doing grading
work which is about 5 feet from the wall.
Wynne asks Griffin where he is calculating the frontage and he shows her on the plan. Wynne
then asks why he changed the frontage from a triangular shape and squared it off. Griffin
explains that they are trying to keep the houses as close to the street as possible.
Hutchinson opens the floor to members of the public to speak and ask questions.
Joe Mendola, owner of 51 Williams Street, tells the Board that his concerns are his retaining wall
and water coming down near his property. Mendola points out the contours on the map and
where the water currently flows, which he says seems to head straight towards the retaining
wall. He also feels like there will be a lot of debris coming down as well. He is concerned that
the HOA wouldn't be able to handle all of the maintenance required. He received the storm
water report the day before so he has only had a little bit of time to review it. In addition, he is
worried that part of the property will be flooded. His concerns have increased after seeing the
second revisions of the plan.
Barrett asks Mendola what water he currently gets on his property. Mendola tells him that he
doesn't get much. It is his rental property that he doesn't visit often because there are usually no
issues with it. But he believes with the changes to the abutting property that the water will be
coming down hard towards the wall and concentrating in that area.
Hutchinson asks Griffin to respond to Mendola's concerns. Griffin shows the existing drainage
pattern and the water flows. Griffin then explains that there will be less water heading in that
direction after construction because a lot of the water will be pushed to the east. Griffin disagrees
that the water will be coming down hard at the wall because the driveway is running away from
his property. They will be placing fill 5 feet from the property line to create a grade for the
driveway which pushes all the water to the east. Water will be picked up in the catch basins and
piped around the back corner, so there will be a lot less water against Mendola's wall than
currently. He notes a drainage easement. He says that if the HOA does not take care of it,
someone from the City will have the right to access the area to inspect it or maintain it. Griffin
also shows the condition of the back yard, and notes there is some ponding.
Hutchinson asks Mendola if he has any further questions for Griffin. Mendola asks for more of
an explanation of what he sees as a water flow on the contours as opposed to what Griffin is
interpreting. Mendola suggests a different area for the water to flow. Griffin explains why that
wouldn't work. Griffin comments that they are trying to keep the current drainage flow to the
BVW so it doesn't affect Mendola's property.
Hutchinson asks if the stormwater report has calculations of the differences in the varying flows.
Griffin points it out in the report, noting that the post - development run off rate is one -third of the
pre - development rate.
Anna Langstaff, 47 Williams Street, asks if there will be any blasting on the ledge, and wants to
know what trees will be affected in the neighborhood. Barrett explains that they are required to
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map trees that are bigger than 6 inches in diameter, but they are seeking a waiver for that. Instead
they are suggesting they map trees at least 12 inches in diameter to compromise. Langstaff also
asks where the construction vehicles will be parked during construction. She then asks if the
property owner could remove all the current trash on the property. Griffin comments that the
former owner let the property go quite a bit so they will clean it up. With regard to the blasting,
Griffin explains that they are trying to lift the houses up a little bit so they don't have to dig deep
into the ground. They will try to hammer out the ledge first before they decide to do any blasting.
The construction crews shouldn't take up too much of the street. Langstaff asks what the timeline
is for the construction. Griffin tells her it will probably be about 6 -9 months of construction work
on the property.
Karen Adamo, 49 Williams Street, wants to know how this project will affect her property. She
is concerned about getting additional water since her yard already tends to get water. Griffin
assures her that more water will not be a problem for her property. Adamo then asks when the
existing house gets demolished what they will do if there are any creatures living in it. Griffin
explains that the Board of Health requires that they will need to set traps and also make sure if
there is any asbestos in the house that they will remove it ahead of time before they demolish it.
Hutchinson states that Barrett would like to add to any motions that they map trees 12 inches or
greater in diameter. They would like to see that before the vote on the plan to make sure there are
trees that may need to be retained.
Wynne states it is a good idea to continue the hearing due to the fact they just received the plans
as well as the Engineering letter and will need more time to review.
Barrett: Motion to continue Public Hearing to the May 21, 2019 meeting. Flannery
seconds the motion. The motion is approved (8 -0).
New /Other Business
a. Beverly Master Plan Update - Wynne tells the Board they have their next meeting on
May 7 th and a Public Meeting on May 14 th . The website is live, their email list is
growing, and she is creating a Facebook page as well. They will have more information
as time goes on.
b. Other business not known at the time of the posting of this agenda. None.
Adjournment
Barrett: Motion to adjourn the meeting at 8:26 pm. Boesch seconds the motion. The
motion is approved (8 -0).