12-17-19 BPB MinutesCITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Planning Board Meeting
Date:
December 17, 2019
Location:
Beverly Senior Center
Members Present
Chair Ellen Hutchinson, Vice Chair Ned Barrett, Derek Beckwith,
Alexander Craft, Ellen Flannery, Allison Kilcoyne, Wayne Miller,
William Boesch, Sarah Bartley
Others Present:
Assistant Planning Director Darlene Wynne
Recorder:
Jodi Byrne, Recording Secretary
Chair Ellen Hutchinson calls the meeting to order at 7:03 p.m. Hutchinson makes note to the audience
that the meeting is being filmed. Hutchinson thanks the Board for all of their hard work, in particular, the
leadership of Darlene Wynne. With many meetings and hours, Hutchinson acknowledges her colleagues
for their time and effort in making lives better for the citizens of Beverly.
Ned Barrett arrives to the meeting at 7:06.
1. Subdivision Approval Not Required Plans
There are none
Recess for Public Hearings
Ellen Flannery: Motion to recess for public hearings. Zane Craft seconds. The motion passes (9 -0).
2. Continued Public Hearing: Site Plan Review #140 -19, Special Permit #172 -19, and Inclusionary
Housing Permit #17 -19 - "Depot 11" a 166,000 sq.ft. mixed commercial and residential building
containing 106 residential units (as revised) with associated parking and site improvements —134
142 -146 Rantoul Street and 1 -9 Park Street - Depot Square Phase II, LLC
Attny. Miranda Gooding (Glovsky & Glovsky) thanks the Board for their work and notes that she is
representing the project on behalf of Depot Square Phase II, LLC. She states that at the 11/19/19 Planning
Board Meeting, the parking and traffic work was introduced, and that all of the questions posed by the
Board and the public at this meeting were addressed in a 12/9/19 response letter directed to the Planning
Board. She notes that there are no marked material differences in this new analysis, therefore, support
from the Parking and Traffic Committee is both accurate and closed.
Attny. Gooding also notes that at the 11/19/19 Planning Board Meeting, the preservation of the Casa de
Luca building was introduced. She introduces Thad Siemasko (SV Design) who presents the new project
design. Siemasko's renderings include the following:
1. Lower Level- garage level shows required parking area for the building, including a bicycle
storage area.
2. Second Level- 47 additional parking spaces with a lowered access to maximize the retail area.
This includes an access ramp to the lower level.
3. Main level- showcases the restored Casa de Luca building and an enclosed courtyard with a
handicapped access area. It is noted that one unit was removed from this floor to allow for more
retail space.
4. Second and Third Floor Plans- contain a fire curtain connection through the fire wall for egress.
5. Fourth Floor Plan- hosts the roof that will connect to the Casa de Luca Building.
6. Fifth Floor Plan- strategically setback from property line to hide from street level view.
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7. Sixth Floor Plan- strategically setback to hide from street level view. Holds a sky lounge, made
larger by reducing the number of units from 14 to 12.
S. Courtyard- design boasts a defined circulation pattern with transformers well- hidden from view.
9. Site Features- review of plantings, stair designs, trim, and edging.
10. Views - Rantoul Street view shows four stories with the main, fifth, and sixth setback from view.
The connector between the Casa de Luca building and main building is described. Siemasko also
shows views from Railroad Ave. and includes courtyard elevations. Images show a store front at
the Park and Railroad Ave. intersection. It is noted that there will be ground -level access from the
Beverly Depot. The view facing the Casa De Luca building shows the inner courtyard, boasting
the added brick areas. The Pleasant Street view shows the setback upper floors and the added
brick areas.
11. Exterior Materials - the materials include glass, brick, and mostly gray tones. Siemasko notes that
only the cornice on the Casa de Luca building is original, so the plan is to capture the historic
look of the building while improving structure with a no- maintenance type of product. The design
plan hopes to incorporate a storefront look on the bottom level to benefit the future tenant.
Attny. Gooding comments that the design did go to the Design Review Board this month, and notes that
one public comment revealed a desire that the project design include more of a restoration plan than the
developer's intention. Attny Gooding wants to clarify that the existing building is incorporated into the
larger project as a transition from old to new, and that it is not a restoration project. If the permit is
approved, however, Attny. Gooding notes that the applicant will meet with the Historic District
Commission on a voluntary basis.
Wayne Miller asks about the shutters. Siemasko explains that the intention is to keep the windows the
same size as the original, with the shutters and restored cornice securing the authentic look. When asked
about the roof, Siemasko notes that the current plan is for a white roof with screened equipment, but that
the final design will depend on the utilities that will be placed on the roof.
Derek Beckwith feels that the new building is overwhelming to the old building and asks if it can be made
more subtle. Siemasko notes that they are trying to blend in with all of the neighboring buildings, and that
he feels this is achieved in the design.
William Boesch compliments Siemasko on the project design in keeping the existing building, noting that
it exceeds his expectations.
Ned Barrett asks for more specifics from the Design Review Board. Flannery states that the Design
Review Board will meet on 1/4/2020, and expects them to make a decision in time for a report at the
1/28/20 Planning Board meeting. Barrett also asks about the affordable housing application. Attny.
Gooding states that the affordable housing requirement is being served at both 461 Rantoul and at
2 Hardy Street. She notes that all of the units on 461 Rantoul will be credited to this project, and that this
will result in more affordable units than are required.
Atty. Gooding thanks the Planning Board members who have provided valuable feedback during this long
process. She asks for more discussion regarding the Special Permit request regarding the project height.
Allison Kilcoyne asks Siemasko to walk through the design of the project height along Rantoul Street.
Siemasko mentions other buildings as models, such as the Holmes building, and notes that the setback of
the upper floors make the building more subtle. Miller requests additional drawings with views from
Railroad Ave. and Rantoul Street (coming south from Salem).
Hutchinson shares her concerns that her view is always drawn to the top section of the building. Siemasko
notes that the top will be mostly hidden from the street level. Beckwith asks to see how tall the building
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would be without the Special Permits. Siemasko notes it would be halfway through the fifth floor. Boesch
reminds the Board that the Zoning offers a Special Permit to build the sixth story, so that the design
accommodates this as best it can. Barrett says that he feels the design accommodates the Special Permit
requirements well, and claims that the Park Street view is the only view that he finds overpowering.
Siemasko reminds the Board that the stairs are set back and in line with the Depot Garage height.
Barrett asks how close the structure is located to the street, and Siemasko reports that it meets the
property line. Flannery notes that the addition of the brick and landscape has added many appealing
changes to the design.
Darlene Wynne clarifies the intent of a Special Permit and that it is something that is allowed, but may
require special considerations and provides the Board the opportunity to ask for those. In reference to the
Special Permit, Attny. Gooding states that this site is large, and that it is important to plan what is best for
the community through both dispersing the height across the site and in the revitalization of the site. She
notes that the Special Permit gives flexibility, and allows these benefits to the project.
Hutchinson asks for confirmation that the first floor is retail and requests seeing the Pleasant Street
Elevation. She notes that this view is a massive block. Siemasko suggests that the view is not showing a
true artist rendering because the middle section is perforated as different levels are setback.
Sarah Bartley asks for clarification of the areas planned for public art. Siemasko states that art is planned
for several areas including: Park Street, a planned space for sculptures, a large firewall at the end of the
walkway, and a planned area for a commemorative public art piece. Bartley asks if there are any existing
plans, and Siemasko states that the city is establishing a public art process. Bartley asks where extra units
would go if the added top floors were not there. In addition, she asks about the Rantoul Street project in
regards to displacement. Siemasko notes that if the 5th and 6th floors were removed, that the extra spaces
could be added to other floors.
Beckwith asks about the impact of the urban landscape in regard to rental amounts and availability. He
shares a report he prepared of a census -based income analysis for the City of Beverly, and reviews his
analysis of median household incomes in U.S. Census Tract 2174, where the project is located, and in the
City of Beverly overall, and notes that based upon median household income, no households at or below
median household income in Tract 2174 would be able to afford the proposed rental fees for any of the
apartments in the proposed project. Beckwith then notes that when the entire city is considered,
households at or below median household income would only be able to afford Studio apartments, not the
1- or 2- bedroom units. Beckwith shares his concerns that this project may not meet the needs of the
average household in Beverly, causing local citizens to be displaced. Attny. Gooding speaks to
Beckwith's comments. First, she notes that this subject has been discussed at prior meetings, and that
displacement is not fair to be pinned on one project or developer. She agrees that this is an issue and reads
from a recent article in the Boston Globe, noting that the act of "not" building new structures does not
necessarily prevent rising real- estate costs and displacement. She says that her client has built low- income
and veteran housing, and that the new units have encouraged the building of the affordable units.
Beckwith adds that median income needs to be considered, not just low income.
Miller shares his hopes that the Board is representing the community well, and asks if this project will be
good for the children of Beverly. Atty. Gooding says that these developments typically do not attract
school -age children; she notes that the City's research has found that there is approximately 1 child for
every 40 units is existing multi- family buildings around transit. However, she notes that this project will
provide 1.3 million of tax revenue that will be added to Beverly's city budget, much of which will go to
Beverly schools. She also notes the excitement of a city with a revitalization of businesses (on both Cabot
and Rantoul) that are dependent upon these new structures. Miller recognizes that growth is necessary for
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the city, and that this project fits into the master plan. He also feels that the Special Permits are
appropriate. He does, however, feel that the project could do better in the area of sustainability.
Flannery: Motion to continue the public hearing to the January 28, 2020 meeting of the Planning
Board on. Boesch seconds. The motion passes (9 -0).
Flannery: Motion for a five minute recess. Beckwith seconds. The motion passes (9 -0).
Flannery: Motion to reopen the public hearing. Craft seconds. The motion passes (9 -0).
Barrett and Boesch leave the meeting at 8:32.
Hutchinson states that Agenda Item 99 will be moved to next on the agenda.
9. Request for a Minor Modification to Approved Site Plan #134 -18 - elimination of the open deck
at the rear of the commercial space leased to Atomic Cafe, and modifications to the residential
windows — 268B Cabot Street - Overlook Cabot, LLC
Attny. Gooding represents the applicant (Overlook Cabot, LLC) in a minor modification at the Atomic
Cafe to a prior approval. The client has requested to open a new juice bar operation in the rear of the
building instead of an enclosed deck (as seen in prepared package). The plan would incorporate garage -
style doors that could both open and close instead of an all open plan. Attny. Gooding states that these
modifications were already approved by the Design Review Board. Hutchinson confirms that the deck
area will now be enclosed with doors that could open and close. Miller asks if there were any objections
from the Design Review Board. Flannery confirms that there were none. Beckwith asks if this
modification would change the seating capacity of the restaurant. Atty. Gooding states that the area's
seating, relief, or parking would not be impacted.
Miller: Motion to determine the modifications To Site Plan Review #134 -18 are minor in nature
Craft seconds. The motion passes (9 -0).
Miller: Motion to approve the modifications to Site Plan Review #134 -18 as described. Craft
seconds. The motion passes (9 -0).
3. Continued Public Hearing: Site Plan Review #146 -19 - Construct a mixed -use building in the
CN Zoning District containing 880 sq.ft. of retail space on the first floor and 2 residential units on
the second and third floors (as revised), with associated parking and site improvements - 0 Everett
Street - 0 Everett Street LLC, c/o Alexander & Femino
Attny. Tom Alexander (1 School Street) states that he is presenting on behalf of the owner of this
property (0 Everett Street, LLC). Alexander provides a brief history of this mixed -use project, with a
planned retail area and two residential units. He notes that this lot has been a used car lot, and that his
client's hope is to improve the lot's usage. Attny. Alexander states that the CN Zoning District requires
adherence to the least restrictive adjacent residential zone, which in this case is the R6. He notes that the
project meets all of the zoning requirements. He also notes that the project meets all of the height and
parking requirements. Attny. Alexander specifies that the parking requirements are 4 spaces for
residential and 3.2 spaces for retail, and that they are providing 9 parking spaces. Alexander stresses that
they are subject to Site Plan Review, but do not require a Special Permit, as it is a by -right project.
Attny. Alexander notes that this building supports transit- oriented development as it is walkable to the
Beverly Farms train station. He states that the Design Review Board made three recommendations to
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which the developer has agreed: 1. enhanced column design 2. walkway materials of blue stone 3. corner
landscaping on Hale Street at a low growth plan (to keep corner view accessible).
Julia Mooradian (Seger Architects) addresses the design of the building. She notes that an engineer
(Bobrek Engineering) is also present for questions. Mooradian reviews the landscape plan of the project.
She shows the abutters and the planned six ft. fence. In addition, Mooradian shows the various plantings
and states that they worked with neighbors in developing a design that meets all needs. Mooradian states
that they will rebuild a stone wall and design and plan two patios. She shows images of the basement and
retail area, and notes that each residential area will be on opposing sides of the structure. In addition,
Mooradian shows the columns on the structure that will be redesigned as recommended by the Design
Review Board. All street views are shown in the drawings, with descriptions of the exteriors, including a
glass front for the retail space.
Attny. Alexander emphasizes that the owner has met with neighbors and has incorporated their input as
well as suggestions from the Design Review Board. Wynne passes out copies of the letter showing the
changes requested by the Design Review Board. Hutchinson asks if there is a set plan for the retail space,
asking if a condition of no restaurant would be accepted. Attny. Alexander notes that if they did not have
the required parking for a restaurant, it would not be approved for occupancy.
Miller asks for clarification of the stone wall construction. Mooradian answers that the current wall needs
to be rebuilt. Miller then asks if any semi - permeable materials can be used. Brendan Pyburn, the engineer
explains that the materials are mostly permeable and run -off should be more than required. Miller asks
about plans for heating and air conditioning. Mooradian notes that they will be using high efficiency gas
furnaces.
Flannery asks for a review of the greenery plans. Mooradian states that there is an existing 6 ft. fence with
the plans for plantings and a 3 ft. stone wall at the end of the parking area. Beckwith asks if the trash area
will provide an area for recycling and composting. Mooradian confirms a planned space for both trash
and recycling, but notes that composting has not yet been discussed. Beckwith asks about the lower
growth plantings, ensuring that this area does not block views of school children and pedestrian areas.
Mooradian notes that the wall and plantings will not block views. She confirms areas for handicap aisles
and parking and notes that exterior lighting is planned for the building on the sides of the retail area, with
recessed lighting in the parking areas and one mounted light above each residence door.
Bartley asks if the turning radius will meet handicap van requirements. The engineer states that this
private facility only requires standard handicap access, not van access. He notes that the parking
requirements are met, and it is noted that the townhomes are not handicapped accessible.
Miller reads a letter from residents with concerns for traffic. The engineer notes that a traffic study was
performed, and that the results will be shared with the Parking and Traffic Commission at their next
scheduled meeting (the last Parking and Traffic meeting was postponed due to snow). Miller also has a
letter of concern from a resident who is present at the meeting. This member of the public will be invited
to speak at the time of public comment. Wynne describes a resident letter that shares concerns for zoning.
Wynne says that the Building Inspector submitted a letter that the proposed use is a by -right use. Wynne
also addresses that some neighbors have concerns with which side has the frontage and address to be used
by the structure.
Attny. Alexander reads from Section 300 -39G (conflicting uses) of the Beverly Zoning Ordinance that
describes the required buffer areas. He shows the plan from Everett Street and the buffer yard on the other
side for residential use. He notes that both boundaries have the required fencing and landscaping. Attny.
Alexander says that the Design Review Board has already approved this plan.
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Wynne reads the letters from the various Boards. The applicant, Joseph Skomurski, states that he is in
agreement with everything in the letter.
Hutchinson asks if anyone from the public would like to speak. The Board hears from the following
community members:
Brian French (19 Everett Street) states that he has attended all of the meetings regarding this project.
He notes that he is happy that the plans have gone from four units to two. He still has zoning concerns
as he believes it requires a variance for abutting residential yards. He reads a note of zoning
requirements to substantiate his concern and questions the process for approval. He wants to make
sure that the dumpster, trash area, and parking areas are screened from other residences. French also
requests a delay of the Board's approval until they hear the Parking and Traffic Commission's report.
Wynne explains that this meeting is the consultation with the Planning Board, and that the Board
would then make a recommendation to the building inspector for his review at the time of the
Building Permit. Airy. Alexander states that this project has already been approved by the Design
Review Board.
2. Peter Johnson (677 Hale Street) asks if the abutter Mr. Orestes Brown at 722 Hale Street submitted a
letter of support. Attny. Alexander provides signed petition for the Board's review stating support for
this project by two neighbors, including Mr. Brown. Johnson discusses the screening of conflicted
uses, especially in including the use of evergreens. He feels that fences and walls may be included as
part of the buffer yard, but not be in place of screening. He also believes there should be a left buffer
yard. He asks where the snow would be placed upon plowing, and about the retail signage.
Alexander explains that the signage will be determined when the tenant is established. The engineer
answers that snow will be removed from the site. Attny. Alexander addresses the request for
evergreens, and agrees that evergreens could be added to the lot on the right side. Hutchinson asks if
the zoning language requires the use of evergreens, or does the language invite other plantings. Attny.
Alexander notes that adding evergreens is not a problem. Furthermore, Attny. Alexander states that
the Maple trees were determined during the Design Review Board meeting and in agreement with an
abutting property owner.
Attny. Effie Panagiotakis (represents residents at 5 Everett Street) shares client's concerns with the
setbacks on the plan. She states that her client feels that the plan is not satisfactory because the
client's yard meets the fence of this project. Attny. Panagiotakis suggests that this project is invasive
to her client's property as her client's swimming pool meets the project fence, and the plans for the
trees do not address the height of the project. This client is concerned with privacy, and has met with
the builder on several occasions with respect to the height of the project as well as the buffer. Attny.
Panagiotakis reads from her letter to the Board: "The buffer yard shall consist of landscape planting
including evergreens." Attny. Panagiotakis states that this is desirable for year -round screening.
Attny. Panagiotakis also states that her client has an issue with the dimensional requirements due to
the retail space. Attny. Panagiotakis argues that she believes the use by right according to the
dimensional requirements of the R6 is only for the building of two residences. She requests that the
developer revise his plans again to meet these requirements.
Hutchinson asks if the replacement of the maples to evergreens, would suffice the client. Attny.
Panagiotakis states that their concerns are strictly for privacy, and that she is not able to provide an
answer to the specificity of the type of trees. In addition, she notes that her client would like a report
on the rebuilding of the fence.
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4. Babette Loring (Everett Street) shares the concern that there are several empty storefronts in
neighboring buildings, and she wonders what could fill a new space. She is worried about safety and
parking.
5. Peter Johnson (677 Hale) requests a better landscaping screening plan for the Everett Street side of
project, noting the shrubs don't provide screening and the right side of lot doesn't have other
plantings.
6. Paul Weingarter (12 Everett Street) shares his objection to the retail store due to traffic issues existing
at this intersection. He asks that if this retail space is approved over residents' objections, that it
please not be a restaurant.
There are no more members of the public to speak.
Flannery reviews the discussion of the landscape and the entrance and notes that the addition of
evergreens may need to be submitted to the Design Review Board. Flannery stresses the need for resident
privacy, and Attny. Alexander agrees to replace some of the maple trees with evergreen trees and to
present this change to the Design Review Board.
Hutchinson suggests that 19 ft. maples would be more beneficial than 5 or 6 ft. evergreens, and asks about
the agreement between the neighbor and the property owner. Attny. Panagiotakis stresses that there was
never an agreement. She states that the discussions between the residents and the developer may be
unclear, and that the resident and the two attorneys could meet to review the plans. She adds that her
client wants to find an amicable solution for this property to be built.
Hutchinson notes that this matter cannot be resolved at this time. She suggests that the discussion be
placed on hold until the builder meets with the Parking and Traffic Commission. In the meantime,
Hutchinson recommends that the property owner again meet with the neighbors.
Flannery: Motion to continue the public hearing until the January 28, 2020 Planning Board
meeting. Craft seconds. Motion passes (7 -0).
4. Continued Public Hearing: Waiver of Frontage and Definitive Subdivision Plan- Subdivide 15,000
sq.ft. lot in the R10 Zoning District into one 10,000 sq.ft. lot and one 5,000 sq.ft lot, where a
Variance for area and frontage has been granted by the ZBA, and extend Livingstone Avenue by
110 ft. - 21 Porter Terrace - Jeffrey Holloran
Wynne reads the letters to the Board.
Deborah Colbert (Hancock Associates) notes that she has submitted the revised plans as requested. She
states that this project now provides parking with a fire truck turnaround that was approved by the Fire
Department. In addition, Colbert notes that access was added to the abutting property over the drainage
swale so that they could still access the rear of their property. Colbert explains that they met with the City
Engineer and Assistant Planning Director in regard to their water runoff design, and that the City
Engineer supports this design with no concerns. Colbert states that they will be meeting with the Parking
and Traffic Commission on January 7.
Colbert addresses the following:
1. The drainage swales were deemed appropriate; they are 2ft deep and 6ft. wide, 60ft. long with
stones, meeting and exceeding the 100 year storm.
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2. The swale locations are valid in mitigating the paved roadway.
3. The Beverly Engineering Department (L. Chandler, 12/10/19 letter) indicates a policy of drainage
swales as a preference over piping. The Engineering Department approved the swales in this use
as appropriate.
4. The drainage and hydraulic impacts on stormwater drainage is in accordance with city guidelines.
(L. Chandler, 12/10/19 letter) Hutchinson asks in which direction the water would flow. Colbert
states that this design is to direct the water into the ground, which is where it goes now, and that it
will not flow toward any other property.
5. The underground utilities will include water, sewer, and gas. The client would prefer to not add
electrical, but instead to pull from the existing electrical on Livingstone.
6. Fire access and parking are approved with a fire truck turnaround and area for car parking.
Hutchinson asks if they inquired about more than two cars parked in this area. Marshall Handly
( Handly & Cox of Beverly MA), the property owner's attorney, states that he did discuss this
with the Fire Prevention Office and it was stated that this is not a concern as the hammerhead
turnaround is not to be used in a call to an emergency, but only as an exit after an emergency.
(Fire Prevention Dept, 12/11/19 letter)
7. A maintenance agreement to Lot 1 for an extended part on Livingstone.
8. Parking and Traffic Commission meeting is rescheduled for January 7 (due to snow cancellation
from the last scheduled meeting). If all parking and traffic topics are agreed upon, the client will
request that the Board's recommendation not be required. If there are any requested
modifications, the owner will return to the Planning Board for approval.
Craft asks if an additional telephone pole would be needed. Colbert states that if one is needed it would be
placed on Lot 1.
Hutchinson confirms that the swales are in the right of way. The attorney states that cars cannot lawfully
park in a private easement. Hutchinson wants to be sure a fire truck can access the road if a car is parked
in the area. Colbert confirms that a fire truck can travel over the stone on the swale as the slope is very
gradual. This could be necessary if someone parks in this area (even though it is unlawful).
Hutchinson asks if there are any members from the public would like to speak.
Brian Marks (7 Porter Terrace) states that he sent a letter, and that he is in full support of the project with
one stipulation of the frontage waiver. The condition is that Mr. Halloran agrees to be responsible for the
financial cost to pave any other portions (in the future) that run to Mr. Marks' property. Hutchinson asks
for the clarification that Mr. Halloran agrees to pave to the end of his property if there is a future build.
Beckwith suggests a more direct way to address this issue instead of an approval with a stipulation.
Jamie Godjikian (126 Livingstone Ave) shares concerns with the swales. She noted that since the last
meeting, a UPS truck turned around on their street and took out her mailbox. In addition, this resident
shared concerns with parking on the street and water drainage issues. Handly, the property owner's
attorney, states that the hammerhead will help the UPS truck turnaround issue. He also notes that parking
in this area would not affect parking at the bottom of the street.
Flannery is concerned with the swales and no sidewalks. Handly suggests that the pedestrian traffic is low
and that the build will not have much effect on the number of trips. Bartley asks if this project could cause
a possible issue with other properties wanting to make similar changes in the future. Handly notes that
this is the only property that meets this zoning availability.
Hutchinson says that the public hearing could be closed for the Board to discuss, or they could wait for
the Parking and Traffic Commission letter before making any decisions. Miller notes that the City's
experts have approved the swales and that the turnaround has been accepted by the Beverly Fire
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Prevention Office.
Flannery: Motion to close the public meeting. Zane seconds. The motion passes (7 -0).
Flannery: Motion to approve Waiver 1: Section 375 -13.b from using a plan scale of 1 " =40',
granting use of an alternate plan scale of 1 " =20'. Miller seconds. Motion passes (7 -0).
Craft: Motion to approve Waiver 2: Section 375- 13.b.(8) from showing the roadway widths and
rights -of -way of streets within reasonable proximity of the subdivision. Kilcoyne
seconds. Motion passes (4 -3, Bartley, Craft, Kilcoyne, Miller in favor; Hutchinson,
Flannery, and Beckwith opposed).
Craft: Motion to approve Waiver 3: Section 375- 13.b.(9) from showing topographical details at
sufficient distances from roadway layout to ensure proper drainage on abutting
properties. Flannery seconds. Motion fails (1 -6, Craft in favor and Bartley, Beckwith,
Hutchinson, Flannery, Kilcoyne, Miller opposed) and Waiver is denied.
Craft: Motion to approve Waiver 4: Section 375- 13.b.(10) from including any appeal or
variance decisions in application package. Flannery seconds. Motion passes (4 -3, Bartley,
Beckwith, and Hutchinson opposed).
Craft: Motion to approve Waiver 5: Section 375- 13.b.(14) from showing the rodent disturbance
notation on the plan set. Flannery seconds. Motion fails (3 -4, Craft, Hutchinson, and
Kilcoyne in favor; Bartley, Beckwith, Flannery, and Miller opposed) and Waiver is
denied.
Craft: Motion to approve Waiver 6: Section 375 -14.c from having a 50' Right -of -Way and a 32'
paved roadway width, where 40' and 24' are proposed respectively. Flannery seconds.
Motion passes (5 -2, Hutchinson and Beckwith opposed).
Craft: Motion to approve Waiver 7: Section 375- 14.e.(2) from providing a cul -de -sac turn-
around at the end of a dead -end, where a hammerhead is proposed instead. Kilcoyne
seconds. Motion passes (4 -3, Hutchinson, Flannery, and Beckwith opposed).
Colbert states that request for Waiver 8: Section 375 -16.a. is withdrawn.
Craft: Motion to approve Waiver 9: Section 375 -20 which sets forth Lot Drainage requirements,
but lot drainage is not yet designed. Flannery seconds. Miller confirms that any drainage
issues created as related to the house must be treated on the lot. Motion passes (6 -1, with
Hutchinson opposed).
Craft: Motion to approve Waiver 10: Section 375 -22 sidewalks, grass plots, and trees as shown
in a typical street cross - section diagram. Motion fails (1 -6, Craft in favor and Bartley,
Beckwith, Hutchinson, Flannery, Kilcoyne, Miller opposed) and Waiver is denied.
Craft: Motion to approve Waiver 11: Section 375 -23 that all utilities will be placed
underground. Flannery seconds. Kilcoyne asks for a condition if only a pole needs to be
placed on property. Craft amends the motion to approve the waiver with the condition
that if a pole or poles are required they would have to be installed on the property - Lot 1.
Flannery seconds. Beckwith asks if gas will be on this property. It is stated that this is not
related to this waiver. Motion passes (7 -0).
Colbert states that request for Waiver 12: Section 375 Attachment 24 is withdrawn.
Craft: Motion to approve Waiver 13: Section 375 -17, requiring utility easements that cross lots
be a minimum of 20', where proposed utility easement is 10'. Flannery seconds. Motion
passes (5 -2, Hutchinson and Bartley opposed).
Handly requests that the applicant be able to resubmit with an amended plan addressing the waivers that
were denied before the Board votes on their recommendation. Hutchinson agrees to this request and notes
that waivers 3, 5, 10 were denied.
Craft: Motion to reopen the public hearing. Flannery seconds. The motion passes (7 -0).
Beverly Planning Board
Meeting Minutes
December 17, 2019
Craft: Motion to continue the public hearing for a Definitive Subdivision Plan and Waiver of
Frontage at 21 Porter Terrace (revising the plan to addressed denied waivers) at the
January 28, 2020 Planning Board meeting. Beckwith seconds. The motion passes (7 -0).
8. Request for a Minor Modification to Approved Site Plan #138 -19 in accordance with Beverly
Zoning Ordinance Section 300 -98E for 44 Dunham Ridge - 50 Dunham Road — to reduce the
required setback of 44 Dunham Ridge from 25 feet to 15 feet at the north side of the building -
Dunham Ridge, LLC
Stephen Drohosky and Mike Aveni (Cummings Properties) review their plan to reduce the side set back
from 25' to 15' promoting what they feel is an improved project. This change was approved by the
Zoning Board of Appeals and it will allow some minor modifications to be made to improve the site
including a walkway on one side of the building, some minor modifications to the building size, the
implementation of more windows, and a modification in the parking lot to reduce impervious areas.
Hutchinson notes that the desire to push the building back seems minor, until all of the items it affects are
noted. Drohosky states that the changes are all minor to the build.
Miller asks about the removal of certain species of plants. It is noted that site work is not yet completed,
but that a plan will be put in place for this.
Beckwith asks about the loss of 5 ft. of setback and whether buffer area is required in that area. It is
confirmed that there are no private residences in view of the building and the Board previously
determined that the existing open space was a sufficient buffer.
Miller: Motion to determine that the above - referenced modifications to Site Plan Review 4138-
19 approval are minor in nature. Craft seconds. Motion passes (7 -0).
Miller: Motion to accept and approve the requested modifications to Site Plan Review 4138 -19 as
described above and in the application and plans attached therein, subject to the condition
that one (1) non - compliant parking space shown in the northwest corner of the lot shall be
removed and the total number of parking spaces shown is 132. Craft seconds. Motion
passes (7 -0).
10. Endorse Definitive Subdivision Plan and OSRD Site Plan #11 -18 with Form G Covenant -
Thaxton Heights Road (formerly Off Thaxton Road & Grover Street) - Hickory Street Realty Trust
Wynne reviews the request and process.
Craft: Motion to accept the Form G Covenant to secure construction of OSRD Site Plan #11 -18.
Flannery seconds. The motion passes (7 -0).
Craft: Motion to endorse the OSRD Site Plan #11 -18 and Definitive Subdivision Plan as not
having been appealed. Flannery seconds. The motion passes (7 -0).
11. Endorse Definitive Subdivision Plan without Covenant - 16 Harwood Street - Marius Beqo
Wynne reviews the request and process.
Flannery: Motion to endorse the Definitive Subdivision Plan as not having been appealed and
without a Covenant. Zane seconds. The motion passes (7 -0).
Adjournment
Craft: Motion to adjourn the meeting at 11:55pm.
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