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07-16-19 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Date: Location: Members Present Members Absent: Others Present: Recorder: Planning Board Meeting July 16, 2019 Beverly City Hall, City Council Chambers Chair Ellen Hutchinson, Vice Chair Ned Barrett, Sarah Bartley, Derek Beckwith, William Boesch, Alexander Craft, Ellen Flannery, Allison Kilcoyne, Wayne Miller Assistant Planning Director Darlene Wynne Samantha Johanson, Recording Secretary Chair Ellen Hutchinson called the meeting to order at 7:10 p.m. Hutchinson tells the public the order in which the agenda will be heard tonight. They have moved up the Depot II Public Hearing to the first item, and then the Livingstone Avenue continued Public Hearing to the second item to be discussed. The Ellingwood Court Public Hearing will not be heard due to a technicality missed by the applicant. She then tells everyone that the Thaxton Road continued Public Hearing and Ober Street Public Meeting may be continued to August 20, 2019. Ellen Flannery: Motion to recess for Public Hearing. Allison Kilcoyne seconds the motion. The motion is approved (9 -0). Public Hearing: Site Plan Review #140 -19, Special Permit #172 -19, and Inclusionary Housing Permit #17 -19 — "Depot II" — a mixed commercial and residential building containing 115 residential units with associated parking and site improvements — 134 -142- 146 Rantoul Street and 1 -9 Park Street — Depot Square Phase II, LLC Materials added into the record: • Planning Department Staff Report • Site Plan Review Application, Special Permit Application Form, and Inclusionary Housing Application, Narrative, and associated attachments, dated 6/10/2019 • Depot Square Phase II Permit Site Development Plans and Architectural Drawings, dated 6/10/19 • Traffic Impact and Access Study, dated June 2019 • Letter from Meridian Associates, Christopher Broyles, dated 6/10/19 • Letter from City of Beverly Board of Health, William T. Burke, dated 7/5/19 • Letter to the Design Review Board from John Hall, dated 7/11/19 • Letter to the Design Review Board from Peter Johnson, dated 7/9/19 • Letter to the Design Review Board from James Younger, dated 7/11/19 • Letter from Joan Johnson, dated 7/8/19 • Letter from Babette Loring, dated 7/3/19 • Letter to the Design Review Board from Wendy Pearl, dated 7/9/19 • Letter from City Engineer Eric Barber, dated 7/16/19 Darlene Wynne reads the Public Notice. Beverly Planning Board Meeting Minutes July 16, 2019 The applicant is seeking approval to construct a mixed use commercial and residential building containing 115 residential units, 7,975 square feet of ground floor commercial, 115 parking spaces within a 2 -story garage, and associated site improvements on the 28,250 sf site which consist of 5 lots in common ownership. The entire site is located in the CC District and the CC Height Overlay District. However, a portion of the site (2 lots on Park Street) is not located in the Depot Parking Overlay District. Hutchinson explains that there will not be a presentation from the applicant tonight. They have gone before Parking and Traffic and the Design Review Board and want to take the time to consider some of the comments and suggestions made by those two boards. Instead she directs the Board to ask broad questions to the team regarding the project and make general comments about the project. Wynne clarifies that the applicant is requesting a continuance for the Public Hearing. Miranda Gooding of Glovsky and Glovsky representing the applicant tells the Board that Chris Koeplin, Beverly Crossing, and Thaddeus Siemasko, from SV Design, are both present for questions. Gooding reiterates that based on the comments they received last week the applicant is looking to continue the Public Hearing. They will examine the comments and hope to come back with a plan that addresses those comments and with a full presentation for the Planning Board. Ned Barrett asks Koeplin to consider keeping the project below the 55 -foot limit and asks him to minimize the effect of buildings over that height and to be ready to explain why they feel they need to go over that height limit, including design choices and financials. Hutchinson comments that she agrees with Barrett's comment and is concerned with the size and the scope of the project. Her other concern is that this is a gateway part of the City and one of the first things people traveling into Beverly by train will see. She believes it should be bold and meaningful and she would like to see the building pick up more of the historic characteristics of the Post Office building and the buildings that have been demolished as well. Wayne Miller comments that he is in agreement. Derek Beckwith tells the Board he also agrees with the prior issues mentioned and elaborates on his perspective. William Boesch adds that he disagrees. He comments that he knows some people are concerned with the height of the project, but he believes the height is consistent to some of the other projects that have been built in the City more recently. He asks what else about the size, if not height, is concerning to people. He says adding population density and commercial density in that area is terrific. It is an improvement from what's there now in his opinion. Sarah Bartley comments that she would like to learn more about the inclusionary housing portion of the application. She believes that adding 115 rental units is a big addition to the City and notes that the City has seen an increase in evictions recently. So she is looking to hear more about any policies they will have in place for residents' services. Beverly Planning Board Meeting Minutes July 16, 2019 Flannery adds her thoughts that she expressed at the Design Review Board meeting regarding how the historical significance should be incorporated into the design of the building, over and above what has been done. Barrett adds that it would be helpful for them to add to their presentation about any green aspects they plan on including in the building. Hutchinson then opens it up to public comments, reiterating the request for broad comments regarding the direction of the project. Caroline Mason, 583 Hale Street, comments that she believes that a building of this size would compromise the historical area in which this project would be built and that no conditions imposed by the Board could mitigate the impacts of the building scale. She indicates she does not believe the projects meets the Tall Building Design guidelines and explains why. Wendy Pearl, 21 Morningside Drive, is looking for clarification of whether the Design Review Board's determination of compliance with the tall building guidelines is a requirement for the Planning Board to issue a special permit and will revised plans be shared with the public prior to the next meeting. Wynne tells her that it is a finding. Hutchinson states that she doesn't necessarily believe the Planning Board has to adopt it. Hutchinson says she believes that the public will be able to review the plans before the August 20, 2019 meeting. Sharon Rogers owner of a condominium at Depot Square, 116 Rantoul Street, is concerned about having more green space in the area than what was shown on the current plans. She is also concerned about the aesthetics of the building and hoping their design will blend in and enhance the area. Another concern Rogers has is the parking and access in the area, as her underground garage opens to the area that will be affected by this project. Bill Squibb, 509 Cabot Street, comments that Beverly is starting to resemble any other city in the greater Boston area that have buildings that are large in height. He would like to know what the occupancy rate is of the new buildings being put up in Beverly. He says it is unrealistic that people will not have cars and would like to see the Planning Board do a complete traffic study before they decide to let anything else get built in Beverly. He is concerned about the impact this project will have on traffic in the City. Boesch: Motion to continue Public Hearing to the August 20, 2019 meeting. Flannery seconds the motion. The motion is approved (9 -0). Continued Public Hearin: Livingstone Avenue Definitive Subdivision Plan (7 Porter Terrace) — Extend and improve Livingstone Avenue by approximately 475' and create 3 new building lots with 1 lot remaining on Porter Terrace, and associated infrastructure improvements — 7 Porter Terrace, LLC Materials added into the record: • Planning Department Staff Report Beverly Planning Board Meeting Minutes July 16, 2019 The Board has reviewed the revised plans, drainage report, as well as the Peer Review report. In June, the Conservation Commission approved the application under the state ordinance but denied the project under the local ordinance. Though this does not provide grounds for the Planning Board to deny it they should take their decision into consideration before acting on this projects approval. Hutchinson tells the Board and public that this project was proposed in May of 2018, they opened the Public Hearing, and then they asked for a Peer Review Study of the stormwater management system that took some time to finish up. The applicant has done some redesign and the Peer Review Engineer reviewed that and there were some subsequent changes to that as well. She asks for Bob Griffin to explain what the project originally looked like, and what it looks like now with all of the changes. Bob Griffin, Griffin Engineering Group, points out the parcel of land for the project that is between Livingstone Avenue and Porter Terrace in the R10 zoning district. They are proposing to extend the improved portion of Livingstone Avenue about 400' feet to the land that the applicant owns to create the 3 lots. He shows them the plan that was submitted to both the Planning Board and the Conservation Commission last year. It shows a new road being constructed with 25' wide pavement. Griffin then points out that there is an existing house on the land as well. On the northeast area of the property is a drainage ditch that picks up the run -off from Livingstone Avenue, running into an 18 -inch drain which runs beneath the adjacent parcels to Porter Terrace, and then southerly to the Danvers River. They have discussed the project with the Conservation Commission and are trying to stay away from the ditch as far as possible. He describes that initially, they had an underground detention basin and he described the prior system; however, the Peer Reviewer did not like the underground detention basin. They were asked to extend the drainage analysis upstream of the property, adding in a 16 -acre area. As a result, the proposed detention basin doubled in size. They are now looking specifically at the drainage pipe that runs down Livingstone. After analyzing the hydraulic lines, they realized that they have some flooding issues along Porter Terrace. They have included all of this in their report to the City. Some of the pipe is flat so it doesn't convey water efficiently. They are proposing to replace the flat pieces of the pipe with larger pipe. They will change the 18 -inch pipe into a 24 -inch pipe which will help eliminate some of the flooding post construction. This will solve their need for onsite detention, but will still have catch basins and recharge. Griffin then tells them about the trees that have been mapped on the property. They have made Lot 4 as large as possible to push the house as far away from the wetlands as possible. In addition, they tried to shorten the roadway. Previously, there was a turn- around at the end of the roadway and they moved it down about 100 -feet to between Lots 2 and 3. The applicant will have to go before the Zoning Board of Appeals to get the driveway configuration approved with a frontage waiver. Wynne reminds Griffin that they will need a waiver from the Planning Board as well. The applicant has added a small rain garden between the driveways, which is a device that will allow water to go into the ground and encourage some plants to grow. However, the rain garden is next to the catch basin which will help with any overflow in the garden. 4 Beverly Planning Board Meeting Minutes July 16, 2019 Hutchinson asks Griffin to show the direction of water flow going down Livingstone Avenue. Griffin shows on the map the order in which the water will flow which is shown in the report. Hutchinson points out in the revised stormwater report on page A3 that there are comparisons of pre -and post - development peak run off rates. Hutchinson asks about the change in the table and run -off to the Danvers River. Griffin explains that they had to add 16 -acres upstream to their analysis and the land downstream from the houses. Hutchinson asks Griffin if that is an increase of the 2, 25, and 100 year storms and he tells her that is correct. Griffin explains that is allowed because they are discharging into a tidal water body. Hutchinson then asks how this change will affect the flooding. Griffin explains that they are decreasing the amount of flooding on the property. Hutchinson asks if the table is showing a 13% increase in the peak run off volume. Griffin tells her yes because they are taking land where currently it flows towards Livingstone Avenue, and it's being picked up in the catch basin, and then bringing it out towards Porter Terrace. Hutchinson asks Griffin what percentage of run -off is going to flow down to Porter Terrace from their property. Griffin tells her that it is about 70% and is not changing from the previous report. Barrett asks Griffin to clarify about his earlier comment he made regarding discharge of water. Griffin told him that the discharge will be above ground. Griffin points out the drainage ditch and explains that during a 25 -year storm, that if it were to overflow it would get picked up in the 8 -inch pipe, and then towards 121 Livingstone Avenue. It would then discharge to a level spreader, which is a 10 -foot device that allows the water to spread out from the pipe. The pipe would only be activated during the large storm events. Barrett asks Griffin when the water gets to the spreader does it get dispersed underground. Griffin explains to him that it gets dispersed on top of the ground. Barrett then asks where the water would flow from that point. Griffin tells him that it would continue to flow through 121 Livingstone yard and in the direction of Upland as it currently does. Barrett asks Griffin how increasing the size of the pipe will help the conveyance of the water. Griffin explains it removes the bottle neck and the water will move more efficiently. He points out on the map some of the areas they have tried to address the flooding for and other areas of improvement. Barrett then asks him if the improvement of the pipes should help those homes that have dealt with flooding in the past. Griffin tells him that it should help He believes with the construction of the trench for the new utilities that it should help with flooding between 97 and #11. Barrett asks Griffin what utilities they will be bringing in from Porter Terrace. Griffin tells him that they will be bringing in water, sewer, drain line, and the gas line. Barrett then asks Griffin where the electric will be coming from. Griffin explains that it will be coming from overhead and they will be extending the existing wiring. Miller asks Griffin what the condition is of the current 18 -inch pipe. Griffin tells him that it is in decent condition but just undersized for the amount of water that flows through. Griffin adds that they have been very responsive with listening to the concerns of the various city boards and have worked hard to incorporate those changes requested. Beverly Planning Board Meeting Minutes July 16, 2019 Barrett asks Bill Ross to comment on his role in the process of this project. Ross, New England Civil Engineering Corp, in Salem, MA, comments that they did a Peer Review of this project and responded to any changes that were made as a result of their analysis or otherwise. Ross comments that their biggest concern was the tank being in the ground in the front of the yard and that it could be damaged. He said that if the tank were to fill up, that it would increase the flooding in the area. Miller asks if he has any other concerns about the project. Ross tells him that all of the systems will have to be maintained by the Homeowners' Association. Hutchinson asks Ross about the original report that shows a comparison between pre and post development peak run off rates towards Porter Terrace. The report had a pre development rate of flow 0.3 cubic feet per second and the post development rate of flow was 0.6 cubic feet per second. Hutchinson asks Ross if anything changes that. Ross tells her no, but the numbers may be slightly different because the road has been changed. Hutchinson asks if the flow towards Porter Terrace will be greater, and Ross tells her that it will be. Griffin adds that they are improving Porter Terrace to be able to handle that additional flow. Miller asks Ross if there are any seasonal variations in the numbers. Ross explains it is not designed to handle the most difficult challenge which would be frozen ground and spring rain. Ross does add that everything is impervious and will remain so in the future. Griffin adds that they may have a significant rain storm that challenges the capacity of the drainage system. Hutchinson asks what kind of impact they should expect if someone were able to build new houses on three additional lots outside of this subdivision. Griffin tells her that drainage for those lots are going in a different direction so it wouldn't be affected. Wynne tells the Board that 21 Porter Terrace received a zoning variance to split their parcel. So they could possibly benefit from this subdivision. Hutchinson asks Griffin if the Homeowners' Association will be responsible for street maintenance from where they are paving to the end of that street. Griffin tells her they will be. Hutchinson is concerned that the other residents of the street will end up taking the brunt of the maintenance of it. Griffin comments that in the future they may have their HOA team up with the other residents of the street. Barrett asks Griffin what they are looking for in regards to waivers. Hutchinson asks if the turnaround includes an easement area. Griffin tells her that the hammerhead turn around does include an easement area in Lot 3. It will be posted that it is a turn around and not a parking area. Griffin adds they can post that it is not a parking area and put it in the deed that the area needs to remain open. Miller asks Griffin how long the road is. Griffin tells him it is about 650 feet long from Upland. Griffin explains the waivers that were listed in the application. Two waivers are no longer needed: including not mapping the trees and the other that referred to the radius of turn, noting Beverly Planning Board Meeting Minutes July 16, 2019 they shortened up the road about 100 feet so they don't need the radius waiver. The subdivision standards require a 50 -foot wide right of way with 32 -feet of pavement and they are proposing a 40 -foot wide right of way and 24 -feet of roadway. Another waiver refers to the length of the dead end road exceeding 500 feet, where 650 feet is proposed. The subdivision regulations require a cul -de -sac at the end of a dead end street, but they are proposing a hammerhead. They are proposing overhead electric, telephone, and cable lines for the project, which is consistent with what is currently there. They are also proposing no sidewalks because there are none further down Livingstone. They are not proposing any street trees because they believe there are plenty on the street already. They are not proposing any fire alarm systems because the Fire Department does not like maintaining those systems. Craft asks if there will be any documentation for the maintenance of the groundwater recharge and the roof leaders for the HOA. Griffin tells him that the Engineering Department wants to make sure that the roof leaders are tied into the drainage system and into the recharge device in the manner that was shown on the plan. Griffin explains that they won't get any occupancy permits until they show that has all been done correctly. Miller asks Griffin to review the opinion on the project from the Conservation Commission. Griffin tells him that there have been no changes to the plan since March and the Conservation Commission approved the project under the state Wetlands Protection Act and denied the project under the Beverly Conservation Ordinance. Griffin explains that they may have to reapply and reduce the size of the third house. Hutchinson explains that because they have had turn over on the Board only certain members of the Board that have been serving since the beginning of the public hearing can vote if they close the public hearing tonight. Those people are Craft, Kilcoyne, Miller, Barrett, Hutchinson, and Flannery. Hutchinson opens up the hearing to the Public to speak. Suzanne Addison, 4 Porter Terrace, tells the Board that her concern is due to the larger pipes being installed and how will that affect the other houses in the area. Her other concerns are regarding the disruption of utilities on Porter Terrace including gas and water. She then asks if the Conservation Commission has rejected it how does that weigh in the Planning Boards decision. Hutchinson tells her that the 6 voting Board Members would have to each make their own individual decision on how much weight they will give it. Barrett adds that it is part of the determination process for the Board but it is not binding on them. Griffin explains that changing the pipes will cause some significant disturbance in the roadway. In addition, there may be some disruption of water and gas lines during construction. Brendan Wynne, 17 Porter Terrace, tells the Board that he was present at the Conservation Commission meeting and during the presentation they mentioned that any water not caught by the drainage system would be "country drainage," which means it would go through the neighbors' yards, including his own. His backyard fence abuts the property and he is concerned that with no sidewalks, that the plows will be going into his fence. Griffin explains that he doesn't believe that they are pushing any water towards his property, but he could have a curb Beverly Planning Board Meeting Minutes July 16, 2019 put in that area to help with the other issues. Griffin tells him that they will do their best so that no extra water is pushed onto his property. B. Wynne asks for it to be one of the Planning Board's requirements for approval. Barrett asks Griffin if there is currently a berm in between the two properties. Griffin tells him there is not. Deb McLaughlin, 15 Porter Terrace, tells the Board she is concerned about the 18 -inch drain being changed to the 24 -inch because the storm drain is near her house and it has never overflowed in the past. She is concerned that her and her neighbor may experience flooding from the new drain. She also has concerns about the Homeowner's Association. She is also concerned about parking on the street. Katie Perron, 32 Ashton Street, tells the Board that she is concerned about the rain garden and believes it would be beneficial for them to put a fence around it. She adds that there are no calculations for pre and post run -off for Ashton Street. She believes by adding the new pipe, that it will increase the flooding on Ashton. She mentions that the applicant did agree to add some berms to help prevent some of the street overflow. She tells the Board that there are some trees being clear cut to put the pipe in. She thinks that those trees were helping to keep the water from flooding 30, 32, and 34 Ashton Street. She tells them that there are some migratory birds in the back that they should take into consideration when approving this plan or not. Perron comments that for the third house, their only option would be to park on the street which would prevent emergency vehicles from accessing that way to get to the house. Hutchinson asks Griffin to address the 24 -inch pipe concern by Perron and the possible flooding on Ashton. Griffin explains that the report does say that there is water going in the direction of Ashton, but first it goes to Livingstone. However, there is a reduction of volume of flow going in that direction. Griffin then mentions that there is enough room in the turn- around for two cars to park and be able to turn around on the street. Eric Lomas, Lomas Law, representing the applicant, tells the Board Mr. Marks purchased the property in January 2018 and then in March of 2018 the new local Wetlands ordinance was adopted for the no build zone. He explains one of the criteria for the Conservation Commission to consider in approving a project is if there is no adverse impact to the resource. The only alternative the applicant suggested was to take a portion of the house out of the no build zone. Miller asks Griffin if there is an option to widen the street. Griffin tells him that they wanted to build a cul -de -sac, but are unable to, so they are building a hammerhead turn- around. Griffin then explains they could widen the street, but it would cut into their lot and they don't have a lot of extra land area. Miller believes that the narrowness of the road is unsafe. Griffin explains that it is safe and they got supporting letters from the Police and Fire Departments. Flannery asks how strict they will be with the HOA, since there will be a number of responsibilities they will have to deal with. Lomas tells her that they submitted a rough draft of a bylaw for the association. They will include the feedback from the Board and they would have some enforcement power. Flannery tells him that another concern is any run off water that would affect Porter Terrace or other neighborhoods not being maintained. Griffin tells her that prior to Beverly Planning Board Meeting Minutes July 16, 2019 occupancy they will have a qualified maintenance company on a 5 -year contract that will take care of that. They will be required to submit a report each year. Wynne comments that the Engineering Department requires that they receive annual reports on maintenance, but they haven't received any in the past few years. She adds the Engineering Department has started a system and they are tracking the storm water management devices and they will be enforcing it better in the future. So the Board will want to see stronger language in the HOA documents so it's trackable and transferable when properties sell. Wynne says the Board would need to grant a waiver of frontage for the plan shown. Flannery: Motion to close the Public Hearing. Kilcoyne seconds the motion. The motion is approved (6 -0). Craft: Motion to recess for 10 minutes. Miller seconds the motion. The motion is approved (9 -0). Barrett: Motion to reconvene meeting. Flannery seconds the motion. The motion is approved (9 -0). Public Meeting: 59 Ober Street — Court Order remanding to the Board to hold a public meeting on a prior Subdivision Approval Not Required Endorsement — 59 Ober Street LLC Materials added into the record: • Planning Department Staff Report • Email from Glovsky & Glovsky LLC, Miranda Gooding Miranda Gooding tells the Board that the applicant is engaged in litigation and settlement discussions currently and they are hoping to continue the public meeting to the August meeting to give them time to conclude the case. Derek Beckwith: Motion to continue the Public Meeting to the August 20, 2019 meeting. Flannery seconds the motion. The motion is approved (9 -0). Discussion /Decision: Livingstone Avenue Definitive Subdivision Plan (7 Porter Terrace) — Extend and Improve Livingstone Avenue by approximately 475' and create 3 new building lots with 1 lot remaining on Porter Terrace, and associated infrastructure improvements — 7 Porter Terrace, LLC Hutchinson tells the Board that they have to first discuss the waivers requested by the applicant. Wynne explains that the vote must be a majority of the full Board, regardless of how many are eligible to vote, which is 5. [Note: The waivers herein were provided referencing out of date numbering of Beverly's Rules and Regulations Governing the Subdivision ofLandJ The first waiver is from Section 3 C2 from using a scale of 1- inch =40 feet. Beverly Planning Board Meeting Minutes July 16, 2019 Barrett: Motion to approve the request for a Waiver from Section 3.C.2 regarding scale of the plan. Miller seconds the motion. The motion passes (6 -0). Waiver is granted. Waivers two and three are no longer needed. The fourth waiver is 4.A.3 from having a minimum right of way width of 40 -feet and 32 -feet. Miller comments that he doesn't feel that the 24 -foot roadway would provide adequate space to drive down. Miller: Motion to deny the request for a Waiver from Section 4.A.4 regarding width of right of way and pavement. Flannery seconds the motion. Barrett comments that the denial of the waiver would be on the basis that it is not in the best interest of the public. The motion passes (6 -0). Waiver is denied. The fifth waiver from section 4.A.5.A for a dead end street that will be longer than 500 feet. The dead end will be approximately 625 feet with a new roadway extension which will be about 400 feet. Hutchinson is concerned with this and doesn't think it is in the public interest to combine a dead -end street with the proposed turn- around. Flannery concurs. Barrett: Motion to deny the request for a Waiver from Section 4.A.5.A for length of a dead end street, on the grounds that the waiver is not in the public interest and not consistent with the intent and purpose of the subdivision regulations. Miller seconds the motion. The motion passes (6 -0). Waiver is denied. The sixth waiver from section 4.A.5.B for a dead end street turn around with a diameter of at least 100 -feet and property line diameter of 120 feet. Applicant is proposing an AASHTO compliant turning area hammerhead requiring an easement from maneuvering. Barrett: Motion to deny the request for a Waiver from Section 4.A.5.B regarding a turnaround on the grounds that the waiver is not in the public interest and not consistent with the intent and purpose of the subdivision regulations. Hutchinson agrees and adds that it's part of the driveway. Miller seconds the motion. The motion passes (6 -0). Waiver is denied. The seventh waiver Section 4.J from burying all utilities underground at time of construction. The applicant is proposing overhead electric, telephone, and cable utilities to match existing services. Due to the shallow depth to ledge of the site. Barrett: Motion to approve the request for a Waiver from Section 4.J regarding underground utilities, because it is consistent with the condition on and near the site currently. Craft seconds the motion. The motion passes (6 -0). Waiver is approved. The eighth waiver Section B.D from extending the sidewalk the full length of each side of the street and a minimum of 5 feet, no sidewalks are proposed. 10 Beverly Planning Board Meeting Minutes July 16, 2019 Barrett: Motion to deny the request for a Waiver from Section B.D regarding having sidewalks on both sides of the street, on the grounds that the waiver is not in the public interest and not consistent with the intent and purpose of the subdivision regulations. Craft seconds the motion. The motion passes (5 -1, Miller opposed). Waiver is denied. The ninth waiver is Section B.E from installing straight -face granite curbs of 6- inches in height along each side of the roadway. The applicant is proposing bituminous curbing or no curbing. Barrett: Motion to deny the request for a Waiver from Section B.E regarding having granite curbing, on the grounds that the waiver is not in the public interest and not consistent with the intent and purpose of the subdivision regulations. Craft seconds the motion. The motion passes (6 -0). Waiver is denied. The tenth waiver Section B.G from planting street trees from either side of the street. No street trees are proposed. Barrett: Motion to deny the request for a Waiver from Section B.G requiring planting of street trees, on the grounds that the waiver is not in the public interest and not consistent with the intent and purpose of the subdivision regulations. Flannery seconds the motion. The motion passes (6 -0). Waiver is denied. The eleventh waiver is Section V.K from installing a fire alarm system along the roadway. Barrett: Motion to approve the request for a Waiver from Section V.K. Miller seconds the motion. The motion passes (6 -0). Waiver is approved. The twelfth waiver is regarding the waiver of frontage for Lot 4 to have zero frontage. Wynne notes that the Board should state that their approval of a waiver of frontage does not indicate conformance with zoning and a zoning variance would still be required. The Board discusses the differences between denying and approving this waiver request. Wynne explains the rules regarding applicant's ability to reapply and what level of revisions would be required. Barrett: Motion to deny the request for a waiver of the frontage requirement as it pertains to Lot 4 as being not in the public interest nor being consistent with the intent and purpose of the subdivision regulations. Miller clarifies that they are requesting zero feet of frontage. Flannery seconds the motion. The denial fails (4 -2, Kraft and Miller opposed), but does not grant the waiver. Craft explains his reasoning for voting in favor of the waiver. Miller concurs. Miller: Motion to grant the request for a waiver of the frontage requirement as it pertains to Lot 4, subject to the frontage relief also requiring approval by the Zoning Board of Appeals. Craft seconds the motion. Hutchinson asks the implications of 11 Beverly Planning Board Meeting Minutes July 16, 2019 voting for the waiver. Barrett explains he is not in favor of voting for a zero frontage lot, but ultimately he doesn't think it has any bearing. The vote is 3 -3, Kilcoyne, Barrett, Flannery opposed and the motion does not pass. Barrett: Motion to deny the request for a waiver of the frontage requirement as it pertains to Lot 4. Wynne advises they should vote based on the plan they have before them today, without considering what might happen in the future. Flannery seconds the motion. The motion passes (6 -0). Waiver is denied. Hutchinson tells the Board that they can approve with modifications or they can disapprove the definitive subdivision plan. Barrett: Motion to deny the applicant's request for the definitive subdivision plan as proposed. Kilcoyne seconds the motion. The motion is approved (6 -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 with 3 new single family residential lots and a 3.15 -acre open space parcel — Hickory Street Realty Trust Materials added into the record: • Planning Department Staff Report The Board continued the Public Hearing in April to hold a site visit and the applicant has continued it additional in order to revise plans in response to engineering comments and assemble HOA materials as requested by the Board. Flannery: Motion to continue Public Hearing to the August 20, 2019 meeting. Craft seconds the motion. The motion is approved (9 -0). Public Hearing: Ellin2wood Court Definitive Subdivision Plan — to extend a roadway by sufficient length to crate frontage for an existing lot — 40 Ellin2wood Court — Anthony P. Baltas *Public Hearing to be rescheduled due to legal notice issue.* Barrett: Motion to reschedule the Public Hearing to the August 20, 2019 meeting. Miller seconds the motion. The motion is approved (9 -0). Accept Performance Guarantee and Endorse Plan — 53 Williams Street Definitive Subdivision Plan — Approval granted June 11, 2019 and seeking endorsement of no appeals — MJP Properties Inc. Barrett: Motion to endorse the plan pending review and approval of the Planning Department. Flannery seconds the motion. The motion is approved (9 -0). Set Public Hearing: Site Plan Review Application #141 -19 — Conversion and expansion of the existing building on Bridle Street to a residential dwelling adding three new townhouse style units to the rear of the existing building (containing one unit) and fronting on 12 Beverly Planning Board Meeting Minutes July 16, 2019 Carleton Avenue, for a total of four residential units — 108 Bridge Street — Frates Realtv Trust Miller: Motion to set Public Hearing for the August 20, 2019 meeting. Boesch seconds the motion. The motion is approved (9 -0). New /Other Business a. Beverly Master Plan Update -Wynne tells the Board there will be a meeting on July 23 from 7pm- 8:30pm at the Beverly Middle School to discuss goals of the Master Plan and findings. Approval of Minutes (as available): April 9, 2019 Materials added into the record: • Minutes for the April 9, 2019 meeting Discussion on Planning Board Minutes from April 9, 2019: Flannery submits some changes to the minutes. Miller: Motion to approve the April 9, 2019 minutes as amended. Barrett seconds the motion. The motion is approved (9 -0). Adjournment Craft: Motion to adjourn the meeting at 9:54pm. Boesch seconds the motion. The motion is approved (9 -0). 13