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05-21-19 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: May 21, 2019 Location: Beverly City Hall, City Council Chambers Members Present Chair Ellen Hutchinson, Vice Chair Ned Barrett, Sarah Bartley, Derek Beckwith, William Boesch, Ellen Flannery, Allison Kilcoyne, Wayne Miller Members Absent: Alexander Craft Others Present: Assistant Planning Director Darlene Wynne Recorder: Samantha Johanson, Recording Secretary Chair Ellen Hutchinson called the meeting to order at 7:00 p.m Subdivision Approval Not Required Plans There are none. Approval of Minutes (as available): There are none. Flannery: Motion to recess to Public Hearing. Derek Beckwith seconds the motion. The motion is approved (7 -0). Continued Public Hearing: OSRD #11 -18 — Off Thaxton Road and Grover Street Construct a new 250' long dead -end private roadway off of Thaxton Road with three new single- familv residential lots and a 3.15 -acre oven space parcel — Hickory Street Realtv Trust Materials added into the record • Planning Department Staff Report • Letter from applicant, dated 5/20/19 Darlene Wynne explains to the Board that they have received a letter requesting a continuance. Flannery: Motion to continue the Public Hearing to the June 18, 2019 meeting. William Boesch seconds the motion. The motion is approved (8 -0). Continued Public Hearing: 53 Williams Street Definitive Subdivision Plan — Creation of Private way and two single- family lots, where one lot exists — MJP Properties, Inc. Materials added into the record: • Planning Department Staff Report • Letter from Griffin Engineering Group, LLC, Robert Griffin, dated 5/15/19 • Definitive Subdivision Plan, Griffin Engineering Group, LLC, dated 3/11/19 • Letters from City Engineer, dated 5/20/19 and 5/21/19 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. The property is located in the R10 District. An existing house on the lot will be demolished and two new houses built. Beverly Planning Board Meeting Minutes May 21, 2019 Wynne tells the Board that two additional letters have been received from the City Engineer. Bob Griffin of Griffin Engineering, tells the Board that at the last meeting the Board asked them to map out all trees 12" or more in diameter, which are shown on the most updated plans. He also modified the drainage easements and the stormwater drainage feature on the plans by extending the drainage easement, so it can come down the private way. The site layout is the same as it was previously, but they have identified some trees in the work area that they are able to save. The City Engineer recommended that they add a permanent inlet filter to the catch basin. Griffin then shows the Board the revised utility plan, which will meet the City of Beverly requirements. Hutchinson asks what was the size of the easement area before and what it will be in the current plan. Griffin tells her that they added a couple thousand square feet to the drainage easement. Beckwith asks Griffin what was the path prior. Griffin explains that there was no path before. Flannery asks if the Fire Captain had any comments about the new plans. Griffin says that if the houses are going to be more than 500 feet from a water main, they have to install sprinklers in the houses. Wynne tells the Board they have received additional letters from the Engineering Department (Eric Barber) dated 5/20/19, which stated that the applicant has satisfactorily addressed the concerns and comments made by their department. Wynne also received a memo from Mr. Barber, dated 5/21/19, which documents a conversation he had with an abutter regarding their concerns. Some of the issues reported were the calculations used in the stormwater report and the direction of water shed towards the retaining wall. The Engineering Department reviewed the documentation and they believe the soil analysis is reasonable for that particular location. Wynne then tells them that the abutter has some concerns that he would like to voice to the Board. Hutchinson then invites the public to speak. Karen Adamo, 49 Williams Street, asks where the trees are that are not going to be disturbed. Griffin shows her where those trees are on the map near her property. Joe Mendola, owner of 51 Williams Street, comments that his two issues with this project are mainly his retaining wall for the structural issue, as well as the water behind his yard, which will cause him additional issues. Griffin comments that they are trying to be considerate regarding his retaining wall and keeping the grading near it, but at least 7' away. He doesn't believe his property will be impacted. Griffin then explains that there will be a reduction in the amount of water heading in that direction. Hutchinson explains to the Board that they were given a list of conditions that could consider if they were to approve the project. Flannery asks if the HOA is part of their decision. Wynne answers it is not subject to the Board's review. Hutchinson asks Griffin to address any blasting that the project may require. Griffin points out on the plan a ledge that may need to be removed, but notes that would encroach into the buffer Beverly Planning Board Meeting Minutes May 21, 2019 zone and would need the Conservation Commission approval. He says they are trying to avoid blasting that area. Wynne clarifies that the applicant has satisfied all of the comments in the City Engineer's letter dated 4/8/19, according to their 5/20/19 letter. She adds these don't need to be adopted as conditions, but they can incorporate the letter into the decision. Barrett asks Griffin what they are expecting the HOA to take care of. Griffin tells him they are expecting the HOA to be responsible for maintaining the private way, snowplowing, and other issues that may come up associated with the property. Barrett then asks if the owners would be responsible for trash. Griffin tells him in a lot of private ways, the City picks up trash. Barrett: Motion to close the Public Hearing. Beckwith seconds the motion. The motion is approved (8 -0). Hutchinson asks to Griffin review the list of waivers they were requesting: 1. The Plans drawn at a scale of F =20' instead of F =40'. 2. That an Index sheet showing the entire subdivision at 1' =100" not be provided. 3. Requested 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 is 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. That there be no sidewalks since there are none currently on Williams Street. 8. That there is 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. Barrett: Motion to approve the Definitive Subdivision Plan for 53 Williams Street with the following conditions: 1) Work shall conform to the project plans as named below, attached and incorporated herein. "Definitive Subdivision Plan for 53 Williams Street" Beverly, MA, Sheets C -1, C -2, C -3, C -4, and D -1 dated 3/11/2019 and as revised through 5/15/2019 and Cover Sheet and Sheet D -2 dated 3/11/2019, all prepared by Griffin Engineering Group, 495 Cabot Street, 2n Fl, Beverly, MA 01915. 2) That no substantial corrections, field modifications, additions, substitutions alterations, or any changes shall be made in any plans, proposals, and supporting documents approved and endorsed by the Planning Board without the written consent of the Planning Board, which in its sole discretion, may determine such sustainability. Any requests for substantial modification shall be made to the Planning Board for review and approval and shall include a description of the proposed modification, reasons the modification is necessary and supporting documentation. 3) That the applicant apply for and receive a Beverly Planning Board Meeting Minutes May 21, 2019 Determination of Applicability (RDA) from the Conservation Commission, prior to the issuance of a Building Permit. 4) That if proposed house on Lot 2 cannot be moved out of conflict with the ledge, the project proponent will have to provide information as to the condition of that ledge and whether hammering vs. blasting will be necessary to the Conservation Commission. The integrity of the ledge within the buffer zone will need to be maintained in order to not trigger further Commission review of this activity. 5) Subject to compliance with the standard conditions set forth in the Board of Health comment letter dated 4/1/19, incorporated herein and attached hereto. 6) Subject to compliance with all the standard and specific requirements and conditions set forth in the letters from the City Engineer, dated 4/8/19 and 4/29/19, where not already addressed, as incorporated here in and attached hereto. 7) Prior to requesting a Building Permit, Draft Homeowner's Association documents regarding maintenance of all roadways, utilities, and stormwater management, and all other responsibilities of the HOA shall be submitted to the Planning Department and Engineering Department, with consult from the City Solicitor's office as necessary. This shall include: a 5 -year maintenance agreement of the stormwater management system as requested by the Engineering Department. 8) Prior to the sale of the property and prior to requesting an occupancy permit, final Homeowner's Association documents, per the above condition, shall be recorded at the Registry of Deeds after approval by the Planning Department and Engineering Department. 9) Prior to the sale of the property and prior to the request for a Certificate of Occupancy, draft property deeds shall be shared with the Planning Department for review and confirmation that the Homeowner's Association is referenced. 10) That the applicant will meet with the Beverly Fire Department as soon as possible regarding need for residential sprinkler system and provide written confirmation of the desired resolution from the Fire Department, to the Planning Department prior to requesting a Building Permit. By granting this approval, the Board is hereby granting the waivers from Section 375 -13.B, Section 375 -14.C, Section 375 -14.E Subsection 1, Section 371 -14.E Subsection 2, Section 375 -27, Section 375 -28, Section 375 -30, Section 375 -33, Section 375 -34. Flannery seconds the motion. The motion is approved (7 -0 -1, Miller abstains). Continued Public Hearin: 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 associate surface parking — Dunham Ride LLC Materials added into the record: • Planning Department Staff Report • Letter from Cummings Properties, Michael Aveni, Senior Project Architect, dated 5/16/19 • Memo from City of Beverly Planning Board to Michael Aveni, Steven Drohosky, Cummings Properties, dated 5/10/19 • Letter from Cummings Properties, Michael Aveni, Senior Project Architect, dated 4/24/19 • Letter from Cummings Properties, Michael Aveni, Senior Project Architect, dated 4/26/19 Beverly Planning Board Meeting Minutes May 21, 2019 • Email from Mike Aveni, dated 4/26/19 • Site Plan Review Application/Modification of Site Plan Review Application, dated 1/29/19 • Drawings from Dunham Ridge, LLC, dated 2/8/19 • Memo from Rodney Emery, Traffic Consultant, dated 1/18/19 • Letter from Board of Health, dated 4/1/19 • Letter from Fire Department, dated 4/9/19 • Letter from Department of Public Services, dated 4/8/19 • Letter from Design Review Board, dated 3/8/19 50 Dunham Road is an approximately 54 -acre parcel that now contains 4 buildings, including 2 office /mixed - commercial buildings, 1 manufacturing building, and 1 parking garage. Additionally, the foundation of a 5 th permitted office building has been constructed and another area of the site has been permitted for an assisted - living project yet to break ground. In total, the site is permitted for approximately 550,000 sf of permitted commercial office or industrial space, with 350,000 sf of that completed or nearly completed (not including 954). Wynne reads the Public Notice. Michael Aveni, architect for Cummings Properties introduces himself and Steve Drohosky, General Manager of the Cummings Center in Beverly to the Board. They are proposing to build a 2 -story high tech, manufacturing building at 44 Dunham Ridge. Aveni shows the Board where the proposed building on the site will be. He explains because the building is on a hill, the lower level will be accessed from the east and the upper level will be accessed from the western part of the property. Aveni comments that regarding the current project that the Conservation Commission issued an order of conditions back in 2018 and received a comment letter from the Conservation Commission with additional items to consider for the project. The Design Review Board issued a recommendation letter, as well as the Board of Health and the Fire Department which both issued comment letters. They will have to follow up with the Fire Department to let them know there will be access on three sides of the building. They received a letter from the Planning Department and will reply to the items in that letter as well. The Engineering Department sent a condition of approval letter, after addressing items that they asked the applicant to do. The Parking and Traffic Commission issued a recommendation letter as well. Aveni then showed the Board some renderings showing where the buildings are built into the slope, and he pointed out the access points. They have tried to make sure that their design is similar in style to the other buildings up on the property with style such as metal paneling. He comments that they met with the Parking and Traffic Commission with regard to parking and demonstrated to them how it will be on the site. They have calculated that for the manufacturing piece of the building they will need about 127 spaces. Aveni tells the Board they have not designed the interior yet, because they are not sure if there will be one company in the building or two. Wynne asks Aveni if they have added a bike rack. Aveni shows it on the plan, but notes they may put it elsewhere on the site. Wynne suggests for security purposes; it would be good to have some in the garages as well. Beverly Planning Board Meeting Minutes May 21, 2019 Aveni then shows them the grading and drainage plan and tells them that he has been working with the Engineering Department on this. The Engineer has asked them to build a structure at the end of it so they can access it to be able to inspect it. He explains that the system can accommodate the clean water being dumped from the roof drains. The Conservation Commission provided a letter with some conditions and also some items they still need to provide before permits are issued. Aveni says that since Harmonic Drive is already on the site they have run the utilities on the property, so they already exist and installation should be easy. The Board had asked them to put more landscaping by the buffer zone on the property on the Northern border. He then points out the elevations that were presented to the Design Review Board, which help to continue the design theme that Harmonic Drive already has. Miller asks Aveni about the west elevation and if the HVAC is all on the roof. Aveni explains that if they get a high tech company with a lab, that will determine what the HVAC will be. So that is why it is not displayed on the plan. But regardless, they will make sure all of the equipment is quiet if it needs to go on the roof. Hutchinson asks Aveni how did they determine the amount of parking spaces if this is only a spec building. Aveni tells her they used a manufacturing number, 1 space per 400 sq. ft. Miller asks if they will have any vehicle charging stations. Drohosky tells them they do not currently, but are considering it. They are also considering doing solar at this property. Hutchinson asks why they didn't use a combination of the three parking uses to determine the number of parking spaces needed for the property. Aveni tells her that they plan to design this space as a high -tech manufacturing space with high ceilings, so they don't anticipate a lot of office space within the building. Drohosky comments that there is a demand for this type of use, and that is how they will be marketing the building. Hutchinson then asks how the project impacts the environmental notification and MEPA Certificate. Aveni tells her they filed an Environmental Notification Form and got a certificate from the state, which didn't require an Environmental Impact Report (EIR). They met with MEPA and had a scoping meeting with them, and they are in the process of submitting a Notice of Project Change and he believes that will lead to a Final EIR as opposed to going through multiple phases of the EIR. They are asking for the traffic and greenhouse gas reports, so they are waiting on their engineers to finish them. Aveni tells the Board they are hoping to resubmit the package in about a month or so and go through that process. Hutchinson asks Aveni what the possible implications may be when filing an EIR. Aveni tells her nothing, that they have proven that the traffic works, but if there are additional developments on the site, there may need to be some new traffic mitigations. But he does not expect the EIR to trigger anything where they would need to make any more changes. Hutchinson then asks Aveni if he would like to address the traffic issue. Aveni tells her they went before the Parking and Traffic Commission to present the project, and based on the mitigation for 52 Dunham Ridge, which was to widen Dunham Road and to signalize Dunham and 128 South off ramp, it was determined that this project would have no real impact on the traffic. Aveni comments that Beverly Planning Board Meeting Minutes May 21, 2019 Parking and Traffic recommended they go to the state to expand the traffic study. The state told them that the 7 intersections that they studied was more than appropriate for their project. The full report shows that with this project it wouldn't change the level of service at any of the other intersections. Miller comments that a letter dated May 7, 2019 from Parking and Traffic Commission states that the applicant agreed to implement mitigation measures to further reduce traffic impacts due to developing the entire property and to reduce parking demands for existing and future uses onsite. He then asks if that traffic mitigation is the previous determination. Aveni tells him that they had the same discussion with Parking and Traffic and what the next steps were and they were specifically looking at number 40, which is by the Dunham Castle Condominiums. When that is developed, the traffic mitigation may have to be looked at again. Miller then asks in the future, what would the mitigation entail. Aveni explains that down by Brimbal Ave, they may have to do some additional widening of the road. Drohosky then adds they may have to add some traffic signals at Brimbal and Dunham, and at 128. Hutchinson comments that 3,000 trips are a lot for that development. Hutchinson then asks for them to clarify that there would be about 311 trips during peak hours in the morning, and with this development it would increase to 352. Aveni confirms those numbers. In the afternoon, it will go up to 374 trips. Beckwith comments that the bike rack doesn't seem like a comprehensive measure to get people to take other modes of transportation for that area. He asks if there are other alternative modes of transportation that they are considering for the site. Drohosky tells Beckwith, that it is a challenge to get people to take other modes of transportation, other than their car, since the office park is not serviced by public transportation. They are trying to promote carpooling for employees when possible. At Cummings Center they have free shuttle from the train station to the office park, so that is a possibility down the road for Dunham Ridge. Drohosky tells Beckwith part of the approval for 52 building was to have a pathway on the eastern side of the building close to the pond to connect to the trail towards the recreation area so that people can either walk or bike to work, but not a likely way to commute for most. In the 48 building, they are providing showers, so if someone were to bike to work they could utilize that if needed free of charge. Beckwith asks about the final point in the Conservation Commission letter, which referenced a staging area. Aveni comments that they need to find another place for that. Wynne comments that the Planning Board needs to address the buffer zone, it is a zoning code issue. She tells them it is a recommendation from the Planning Board to the Building Inspector at the time of occupancy, but instead of rushing it at a later date, she suggest that they address it now. She tells them it states that for any new non - residential use on a lot in an industrial or commercial district that abuts an R District use, there shall be a buffer yard, that shall consist of landscape plantings, including evergreens, of such height that will adequately screen from view any light glare, parking lots, bays, or accessory uses, and fences, wells, and berms, may be included which shall not be used in place. Adequacy of screening shall be approved by the Building Inspector after consultation with the Planning Board and will be incorporated into the Beverly Planning Board Meeting Minutes May 21, 2019 Building Inspector's record. She comments that this was missed during the Harmonic Drive project, and this is a different context, as the obligation is on an industrial lot to provide it. Miller asks if the building can be seen from the paths. Aveni comments that the building is built into a slope, but if someone was up in the path higher than the building they may be able to see it. Drohosky states that they are fine with the condition that the screening needs to be satisfactory to the Building Inspector, but he doesn't believe they need to mitigate any screening from the existing trees. Barrett asks for him to show them to show a better view of what Presidential Circle looks like in relation the building. Aveni then shows him that between the building and residential area on Presidential, is the Harmonic building. The way the elevation drops, the existing trees will be about 40 -60 feet high from that building. Hutchinson comments that there is nobody from the public present to speak about the project. Hutchinson asks what the Board would like to recommend to the Building Inspector regarding the buffer area. Barrett comments that he doesn't see an issue. Hutchinson then comments that if they were to deem to the Building Inspector that their recommendation of the current foliage being sufficient enough and the Building Inspector disagrees then the applicant would have to meet with the Building Inspector to improve it. Miller recommends to the applicant they may want to put different windows other than glass, because it could cause substantial glare. Barrett asks Wynne if they are waiting on any other recommendations from any committees. She tells him that they are not, but clarifies that they have received a follow up letter from the Engineering Department, on 5/20/19, that states three conditions that they would like incorporated into the Board's decision, which supersedes the prior letters. They also received a Parking and Traffic letter, dated 5/20/19, which lists some conditions that could also be incorporated. They received a letter from the Conservation Commission on 5/20/19, which also lists some conditions that they suggest being added to the Board's decision as well. Aveni comments that they are fine with everything listed in the letters that Wynne mentioned. Wynne comments that the City Engineer wants the Board to incorporate the response to his comments from the Cummings Center as part of the decision and their response to the Planning Department's comments as findings. Barrett: Motion to close the Public Hearing. Flannery seconds the motion. The motion is approved (8 -0). Barrett: Motion to approve site plan review application 9138 -19 contingent upon the following conditions: 1) Work shall conform to the following project plans: Issued for Site Plan Review for 50 (44) Dunham Road, Beverly, Massachusetts; 9 sheets dated 2/8/2019; scale varies; all prepared for Dunham Ridge LLC c/o Beverly Planning Board Meeting Minutes May 21, 2019 Cummings Properties LLC, 200 West Cummings Park, Woburn, MA 01801; all prepared by ALAN Engineering, LLC, 110 Winn Street, Suite 209, Woburn, MA 01801, as revised 5/15/19. 2) No substantial corrections, field modifications, additions, substitutions, alterations, or any changes shall be made in any plans, proposals, and supporting documents approved and endorsed by the Planning Board without the written approval of the Planning Board, which in its sole discretion, may determine such sustainability. Any requests for substantial modifications shall be made to the Planning Board for review and approval and shall include a description of the proposed modification, reasons for the modification is necessary and supporting document. 3) Subject to compliance with the standard conditions set forth in the Board of Health comment letter dated 4/1/19, incorporated herein and attached hereto. 4) Subject to compliance with all the standard and specific requirements and conditions set forth in the Parking and Traffic Commission letter dated 5/20/19 to be incorporated herein and attached hereto. 5) Subject to compliance with conditions and requirements set forth in the Engineering Department letter dated 5/20/19, incorporated herein and attached hereto. 6) Subject to compliance with specific requirements set forth in the 5/20/19 Conservation Commission letter incorporated herein and attached hereto. 7) Beverly Fire Department is pleased with the access to the building and in writing need to request a building permit. In addition, the following letters should be incorporated by reference in their decision letter dated 4/26/19, regarding Engineering Department review comments, letter dated 4/20/19, regarding Parking and Traffic Commission meeting comments, and the letter dated 5/16/19, regarding the Planning Department review comments from Cummings Properties, and a letter dated 3/8/19 from the Design Review Board. With respect to screening and buffer requirements it would be the Planning Board's recommendation that any such requirements be reviewed and subject to approval of the Building Inspector the Board believes the current foliage is sufficient and the applicant agrees that should the Building Inspector disagree with the recommendation of the Planning Board that the applicant would meet with the Building Inspector to comply with any recommendations for additional foliage and screening. Boesch seconds the motion. The motion is approved (8 -0). Boesch: Motion to return to the regular meeting. Kilcoyne seconds the motion. The motion is approved (8 -0). Final Bond Release — Nelson Ave Extension Definitive Subdivision — Release of 20% bond held after construction completion — Geor2e Belleau Materials added into the record: • Planning Department Staff Report This subdivision was deemed completed, but the Planning Board held 20% of the bond for a period of 18 months pursuant to the City of Beverly Subdivision Regulations. The City has since paved the street and therefore the applicant is requesting full release of the Bond. The Engineering Department supports this. Beverly Planning Board Meeting Minutes May 21, 2019 Wynne comments that when they deemed the project complete the subdivision regulations ask that the Planning Board to hold 20% for a period of 18 months while new road construction occurs. The City of Beverly paved the road again during that time, so the applicant is requesting the full release. The City Engineer has agreed that is reasonable. So they are seeking the release of the $6,445. Flannery: Motion to release the 20% bond, in the amount of $6,445, held after construction completion. Boesch seconds the motion. The motion is approved (8 -0). New /Other Business a. Review: Standard Planning Board Conditions Wynne comments that the Board can review and make edits to the conditions by cutting some down and removing some. Once they are accepted, they don't need to say them every time. The Board discusses the procedures of decisions and possibly changing it. Hutchinson comments that everyone review the conditions that Wynne has proposed and come back with suggestions for the next meeting. b. Beverly Master Plan Update Wynne tells the Board they had a Public Meeting on May 16, 2019, and about 240 people attended. The meeting was positive with a short presentation, with boards to interact with. They are hoping to get out to some public events with an informational table. They will have an existing conditions report ready sometime in June. Adjournment Barrett: Motion to adjourn the meeting at 9:33 pm. Flannery seconds the motion. The motion is approved (8 -0). 10