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09-17-19 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: September 17, 2019 Location: Beverly Senior Center Members Present Chair Ellen Hutchinson, Sarah Bartley, Derek Beckwith, William Boesch (arrived at 7:32pm), Alexander Craft, Ellen Flannery, Allison Kilcoyne, Wayne Miller Members Absent: Vice Chair Ned Barrett Others Present: Assistant Planning Director Darlene Wynne Recorder: Samantha Johanson, Recording Secretary Chair Ellen Hutchinson called the meeting to order at 7:04pm Hutchinson announces to the public that the Board is not discussing the Depot 11 project this evening. Approval of Minutes: April 30, 2019 Hutchinson asks the Board if they have any corrections to the April 30, 2019 meeting minutes. Ellen Flannery notes some minor scrivener's errors. Derek Beckwith: Motion to approve the April 30, 2019 meeting minutes with minor corrections. Zane Craft seconds. The motion passes (7 -0). Flannery: Motion to recess for Public Hearing. Wayne Miller seconds. The motion passes (7 -0). Continued Public Hearing: Ellingwood Court Definitive Subdivision Plan — Extend roadway by sufficient length to create frontage for an existing lot — 40 Ellingwood Court — Anthony P. Baltas Materials added into the record: • Planning Department Updated Staff Report • Response to City Engineer Comments from George Zambouras, P.E., dated 9/8/19 • Stormwater Operation and Maintenance Plan, dated 9/8/19 • Letter from George Zambouras, P.E., dated 9/17/19 • Definitive Subdivision Proposed Roadway Improvements, 40 Ellingwood Court, dated 6/5/19, revised through 9/17/19 • Amended Letter from Eric Barber, P.E., Beverly City Engineer, dated 9/17/19 • Letter from Chris Halloran, Beverly Fire Department, dated 9/17/19 • Letter from Eric Barber, P.E., Beverly City Engineer, dated 8/20/19 George Zambouras, 17 Noble Hill Road, Beverly, engineer for the project, tells the Board that the applicant Anthony Baltas was unable to attend tonight. He explains that the applicant is looking to improve and lengthen the roadway so that it can create the frontage necessary to become a buildable lot. The proposed extended roadway would be 16 feet wide and 122 feet long for a total roadway of 190 feet. Beverly Planning Board Meeting Minutes September 17, 2019 The applicant was waiting for a comment from the Fire Department that they received earlier that day. He shows the revisions that they addressed from the Engineering and Fire Department comments. This includes changing the size of the rain gardens and adding native plans that they have not yet identified onto the plan. The City Engineer requested a stormwater operations and maintenance plan, which has been submitted. In response to other comments, they have proposed two clean outs rather than rebuild the sewer manhole in School Street and they will repair the trenches all under one continuous patch and repave School Street as necessary. Pursuant to the Fire Department's letter, they have added an automated sprinkler system for the house, and upgraded to a 2" fire supply service. Wayne Miller asks Zambouras about the note regarding the ledge that needs to be removed. Zambouras says that some ledge will need to be removed because most of the property is ledge. Allison Kilcoyne asks what the plan is for snow removal since it is a narrow way. Zambouras says that the homeowner will be responsible for the snow removal. Kilcoyne then asks if the homeowners will need to bring their trash out to School Street. Zambouras is not sure. Darlene Wynne states that they would have to get approval from the City to be able to bring their trash to the end of the street or they would need to hire their own trash removal company. Hutchinson asks Wynne if they have any precedent on previous subdivisions of 16 feet of paving width. Wynne gives Hutchinson an example of Jewett Street which is narrow. Zambouras explains that if they were to make it wider, they would have to cut into more ledge at the embankment. Sarah Bartley is concerned that part of the street is used as a parking lot and because it is a street, cars should be able to drive up it with no issues, which isn't what is currently happening. Hutchinson reviews the requested waivers with the Board; these include: Section 375 -14.0 from having a right of way width of 50' noting that Ellingwood Court is an existing variable width layout having minimum width of 35 feet; Section 375 -15.E2 from a minimum pavement width of 24' in a Minor Subdivision, where 16' pavement width is proposed; Section 375 -21 from providing a new hydrant at the end of a dead -end street because hydrant is located at end of street and within 250% Section 375 -25.B from having a minimum roadway pavement width of 32' in a major subdivision, where 16' is proposed; Section 375- 26.B.3 and 4 from providing underground telephone and electric utilities, where all utilities in area are overhead; Sections 375 -27, 375 -28, and 375 -30 from major subdivision requirements for sidewalks (none proposed), curbs (none proposed), and trees (none proposed), whereby the Minor Subdivision does not require these; Sections 375 -31, 375 -33, and 375 -34 from major subdivision requirements for granite monuments (none proposed), street lights (none proposed), and fire alarm system (none proposed), whereby the Minor Subdivision does not require the first two and the fire alarm system is not necessary. Wynne notes for the record that Zane Craft has reviewed the audio and materials from the August 20, 2019 meeting he missed and he is eligible act on this decision, pursuant to MGL C. 39 Section 23D. Beverly Planning Board Meeting Minutes September 17, 2019 Flannery asks if they will be doing any repairs to the roadway. Zambouras explains that unless they damage it, there will be no additional work to the roadway. They will have to repave where the utilities are added. Hutchinson asks if anyone from the public would like to speak or ask questions. Hearing no comments, the Board votes. Boesch arrived during the hearing and therefore is ineligible to act. Flannery: Motion to close the Public Hearing. Craft seconds. The motion passes (7 -0). Boesch not eligible. Flannery: Motion to approve the Definitive Subdivision Plan with conditions and waivers. Craft seconds. The motion passes (5 -2, Hutchinson and Kilcoyne opposed). Boesch not eligible. Public Hearing: Request for Waiver of Frontage and Definitive Subdivision Plan Approval — 16 Harwood Street — Marius Bego Materials added into the record: • Planning Department Staff Report including memo from Darlene Wynne, Assistant Planning Director, dated 9/12/19 • Application Form A -1: Waiver of Frontage, dated 8/12/19 including required attachments • Decision on Variance, by Beverly Zoning Board of Appeals recorded on 5/29/19 • Letter from Chris Bertoni, Chair, Beverly Conservation Commission, dated 9/6/19 • Letter from William T. Burke, Beverly Board of Health, dated 9/6/19 • Plan of Land, 16 Harwood Street, Beverly, MA, prepared by Kane Land Surveyors, South Hamilton, MA, dated 6/17/19 • Letter from Chris Halloran, Beverly Fire Department, dated 9/16/19 Wynne reads the Public Notice. The applicant is looking to subdivide an existing lot into two lots, each with less frontage than required in the R -15 Zoning District. One lot will have 116.2' of frontage and 23,068 sq. ft. in area and the other lot will have 104.10' of frontage and 24, 032 sq. ft. in area, where 125' and 15,000 sq. ft. are required. Thomas Alexander, offices at 1 School Street Beverly, MA, describes the project and the R -15 Zoning District, which requires at least 15,000 sq. ft. area and 125 feet of frontage per lot. He says that a variance was granted for the frontage by the Zoning Board of Appeals (ZBA). His review shows there are about 14 houses in this neighborhood with less frontage than what is required. He adds that during the hearing, some members of the public were concerned about drainage in that area. He notes these neighbors, the Butmans at 10 Harwood Street, are present. Zambouras had spoken with them and notes his Stormwater Management Report is referenced in the ZBA decision. Beverly Planning Board Meeting Minutes September 17, 2019 Alexander explains that the proposed new lot is on an accepted public way. He then mentions that a lot of the time the issue with frontage is access, and he points out on the map where it is. The Fire Department has no issues with it as they were already serving that area. He presents photos so they can get a better idea of what the lot and street look like out front. If they grant a waiver, it won't in any way affect public safety. Beckwith asks about the road in front of the existing lot. Alexander explains that it is wider in front of the new lot. In front of Lot 2, it is about 25 feet but narrows down in front of the existing house to about 15 feet. Hutchinson asks if it is an issue because that portion of the road is not constructed to city standards. Alexander says all Beverly streets that are older than 50 years are not constructed to present day standards, but he argues it is adequate to provide public safety access to the existing lot and the access to the new lot will be better. Hutchinson asks Alexander to explain how that area in Lot 1 meets the requirements of Chapter 41, Section 81L, Standards of Frontage. Alexander explains that there are three types of frontage allowed_ One is on an accepted public way which applies to this project. The other way would be if it was on a private way that was already in existence prior to the current subdivision control law, which was adopted in 1954. The third is that it has adequate grade and construction to provide for public services. Miller asks if there was consideration to widen the road to be consistent. Alexander says no, there was not because it would not make the lots more accessible. Alexander comments that it must be a public way because the City had paved a part of it at one point. Hutchinson comments that we are not sure of that. Hutchinson then asks what drainage accommodations were made to the Butmans (the abutters). Zambouras comments that if you look at the original property there was a significant amount of impervious area that was to be removed but that there was a new building structure going up with a driveway, so there was an excess of runoff from the site. He adds that by infiltrating the roof on Lot 2, both lots will have less volume and rate of runoff. They will also create a swale to mitigate excess runoff across the ground surface, and towards the wetland in the rear. As a result both lots will have less volume and less run -off from the 2 -year storm to the 200 -year storm. Beckwith asks about the Conservation Commission letter that says this hasn't been investigated yet. Alexander answers that if a house is constructed, they will have to go before the Commission and they know that. There is no current work proposed subject to their jurisdiction. Miller then asks what the direction of the run -off is. Hutchinson reminds them that the applicant is only asking for a division of the lot and that it is not a site plan review. Hutchinson asks if there are any questions or comments from the public. There are none. Wynne adds that the requirements in her memo from September 12, 2019 has been met by the applicant regarding the revised plan. Hutchinson then asks Wynne if they have received any more letters. Wynne tells her they received a letter from the Fire Department, and they have no additional concerns. Craft: Motion to close the Public Hearing. Boesch seconds. The motion passes (8 -0). Beverly Planning Board Meeting Minutes September 17, 2019 Boesch: Motion to find that the portion of Harwood Street which is not an accepted way constitutes a way that was in existence when the Subdivision Control Law took effect in Beverly and that the portion of Harwood Street has suitable grades and adequate construction to provide for the needs of vehicular traffic for the proposed use and for the installation of municipal services to serve such use. Miller seconds. The motion passes (8 -0). Boesch: Motion to grant a Waiver from Frontage Requirements for Lots 1 and 2 as presented in the proposed Definitive Subdivision Plan. Flannery seconds. The motion passes (8 -0). Boesch: Motion to approve the Definitive Subdivision Plan "Plan of Land, Beverly, MA, 16 Harwood Street, land of Marius Beqo" scale 1 " =20', dated June 17, 2019 and revised September 13, 2019, prepared by Kane Land Surveyors, 72 Hamilton Avenue, South Hamilton, MA, subject to compliance with Board of Health and Conservation Commission's conditions; subject to the following conditions: (1) Compliance with any and all conditions in a letter from William Burke, Board of Health, dated September 6, 2019; and (2) Compliance with any and all conditions in a letter from Chris Bertoni, Conservation Commission, dated September 6, 2019. Flannery seconds. The motion passes (8 -0). Flannery: Motion to reconvene the meeting. Craft seconds. The motion passes (8 -0). Minor Modification Request: Site Plan #112 -14 and Special Permit #128 -14, both for 52 Dunham Ridge — Modification to the building and required number of off - street parking spaces — 50 Dunham Road — Dunham Ridge LLC Materials added into the record: • Planning Department Staff Report • Letter from Darlene Wynne, Assistant Planning Director, dated 7/18/19 • Letter from Emily Hutchings, for the Design Review Board, dated 9/6/19 • Beverly Planning Board Decision on the above project, dated 12/22/16 • Beverly Planning Board Decision on the above project, dated 2/3/15 • Letter from Stephen Drohosky, Cummings Properties, LLC, dated 8/28/19 • Site Plan Review Application/Modification of Site Plan Review Application, dated 8/26/19 • Site Plan Review Plan Set, Sheet C -2.1 dated 1/11/16 and revised through 8/26/19; Sheets A -12 through A -1.5 dated 9/5/14 and revised through 8/26/19. The Planning Board approved the Site Plan and Special Permit for 52 Dunham Road in February 2015, which is in Cummings Properties' Dunham Road holdings. It is a 5- story, mixed -use building with associated surface, structured parking, and a solar support. The Special Permit allowed a deviation from the required off - street parking spaces, and the project also received a Variance from the Zoning Board of Appeals for height. Work on this project began in 2015, and in 2018 the Planning Board determined that some of the elements in the plan had changed from the original approved plan and asked that they go before the Design Review Board and the Planning Board again. Beverly Planning Board Meeting Minutes September 17, 2019 Michael Aveni of Cummings Properties introduces himself and Stephen Drohosky, Cummings Properties Vice President and General Manager. Aveni gives some background about how long this project has been in the works. Since 2015, they have built a foundation at this location in addition to constructing some steel to cover some of the parking. In June 2016 they applied for a shell and core building permit. When the Planning Department reviewed the package, they noticed that some things have changed from the original plans. Back in December 2016, they went before the Planning Board, seeking a minor modification regarding some site issues where they needed to move some curbs and utilities. Aveni notes that the major changes included exterior recessed balconies that they later eliminated from the plan. He adds that the building has increased in size because they filled in the balcony area, rather than removed them. He notes that they went before the Design Review Board, who is fine with the changes. Aveni explains that the building increased in size partially because of the filled in balcony but also due to a scrivener's error. He explains how the intent back in the day was to be well over 150,000 sq. ft. but that had never carried through to the architecture. Craft asks what the size of the building was in 2014. Aveni tells him it increased by 13,224 sq. ft. Hutchinson clarifies that 7,072 sq. ft. of that number was part of the error that Aveni previously made in his calculations, meaning that approximately 6,150 sq. ft. is attributed to the balconies. Aveni agrees and adds that part of it was also from building code changes. Drohosky adds that there are two requests. One is for the change in the square footage, as well as the exterior changes to the building as minor modification to the approved site. The second is seeking a minor modification to the existing Special Permit for reduced parking requirements to allow not to build the parking that would be required from the additional square footage. Craft asks what the parking was in 2014, and where is it now. Aveni explains that in 2014, there were three buildings on the site and the ratio they used was 40% office use and 60% manufacturing. They went before the ZBA to get approval to increase the building height in 2014, so that they could fit and accommodate more manufacturing space to hopefully get tenants that are manufacturing, high -tech companies, and an additional 6 ft. in height was approved by the ZBA in 2018. Hutchinson clarifies that this change did not change the square footage, but it might change the use mix. Miller asks if the percentage of usage has changed now. Aveni comments that it may be about 30% office and 70% manufacturing. They are looking to have about 40 spaces waived. Aveni reminds the Board that he had submitted parking information with another project on that property at the request of the Planning Department to clarify the parking distribution throughout the site. The required spaces would be 1,528 and the site as designed today would hold 1,538 spaces. They would prefer to make a parking assessment once that site has more occupancy in the other buildings. Beverly Planning Board Meeting Minutes September 17, 2019 Miller asks what their back up plan would be in the event they need additional parking spaces. Aveni points out on the plan where those spaces could go and where they could possibly add a parking deck. Beckwith asks if they would be able to identify where those spaces would go, instead of trying to find spaces when the time comes. Aveni shows him on the plan different areas where they can add the 39 spaces, they would be short on. Drohosky adds that at various times they do parking studies at the current Cummings Center, and the usage is usually 1.6 spaces per 1,000 sq. ft. because they have mixed use there, by contrast zoning for office requires 4 per 1,000 sq. ft. They prefer not to build spaces they aren't using. He adds that the Conservation Commission asked them not to pave things that will be striped and unused. Craft asks if there is a threshold where they may need to at some point do another traffic study and consider traffic lights. Drohosky comments that the City has funded some lights and arrows to assist the traffic flow. He then adds, currently there is not enough volume of traffic to do a study, but one may be needed in the future. Miller comments that the project has increased 8.5% in square footage and the total has gone up 2.5% overall. Hutchinson asks if they are looking for the Board to determine the ratio of usage for the building. Aveni explains that they are looking for relief from about 39 spaces and not looking for the Board to determine that ratio as it may change at some point. Hutchinson is concerned they are going in the wrong direction regarding the parking spaces. Drohosky adds that they believe the number will be lower for needed parking based on the rate of how the property is currently being leased. Beckwith asks what happens several years from now if the need is less for manufacturing and more for office space, and would the waiver expire. Drohosky believes that they are a large site and would expect that concern with a smaller site. Kilcoyne asks about when they were last before the Board and they mentioned facilitating public transit for the site. Drohosky tells her that it is in their long -term plans. Miller asks if there are bike lanes that go from Brimbal Avenue to the property. Drohosky tells him that there is not. Hutchinson asks where they would landbank parking spaces. Aveni points out some options on the plan of where they would be. Aveni offers for the Board to approve a waiver with conditions and then determine a time for them to revisit the usage of the spaces to see if they need to add more parking spaces. Beverly Planning Board Meeting Minutes September 17, 2019 Flannery asks about the possibility of adding spots in the garage. Aveni comments that they could add another level. Boesch: Motion to deem the changes to Site Plan Review 9112 -14 are minor in nature. Kilcoyne seconds. The motion passes (8 -0). Boesch: Motion to accept the requested changes to Site Plan Review 9112 -14 as described in the application and plans submitted with the application. Miller seconds. The motion passes (8 -0). Boesch: Motion to find that the applicant's request not to provide the additional 31 parking spaces that would result from the above - referenced building square footage increase and cumulative to relief already granted under Special Permit #138 -14, is minor in nature and subject to forthcoming conditions. In considering this vote, the Board found that it is not in the applicant's best interest to have insufficient parking on the site, that there is currently excess parking on the site, and that if they do become necessary, the need for additional parking may not occur for a number of years in the future and would be best determined at that future time; and to deem the modification to Special Permit 9138 -14 to be minor in nature. Flannery seconds. The motion passes (8 -0). Boesch: Motion to approve the minor modification request to Special Permit #138 -14, granting relief from providing 31 additional parking spaces, subject to conditions: (1) That, when the 50 Dunham Road site reaches 60% occupancy of the buildings under the applicant's control that are permitted at this time (known as #44, #48, #50, #52 buildings combined), or October 1, 2021, whichever comes first, the applicant will present a case to the Planning Department regarding whether those 31 parking spaces are, or are not, likely to be needed based on updated conditions and data. If the Planning Department determines that there is any concern about the need for those parking spaces, the applicant will return to the Board for review of that decision, and potential reversal of the relief, if deemed necessary. Flannery seconds. The motion passes (8 -0). Update of Table 1 — Fee in Lieu of Affordable Housing Units Fiscal Year 2020 per Chapter 315 Inclusionary Housing Regulations Hutchinson explains to the new board members that a developer can request a special permit to pay a fee in lieu of providing inclusionary housing, rather than providing the units. Wynne adds that it can only be used for condominiums, not apartments. Wynne then mentions that per the regulations, the Board must set it annually. Hutchinson comments that it is determined by the assessors and it is 35% of the median sales price of all units from the last three years. Bartley asks if they have any capability to change the ratio. Hutchinson tells her they do not. Bartley then asks if someone wanted to change it, what they would have to do. Wynne tells her that would be a change to the Zoning Ordinance. 8 Beverly Planning Board Meeting Minutes September 17, 2019 Boesch: Motion to approve Table 1 — Fee in Lieu of Affordable Housing Units Fiscal Year 2020. Craft seconds. The motion passes (8 -0). New /Other Business a. Beverly Master Plan Update - Wynne tells the Board that she sent them all a schedule of upcoming neighborhood meetings that she encourages them to attend. Bartley adds that she thinks it would be best if each meeting had at least one Planning Board member in attendance. Adjournment Boesch: Motion to adjourn the meeting at 10:02pm. Craft seconds. The motion passes (8- 0).