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3.10.2020 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: March 10, 2020 Location: Beverly Middle School Members Present Chair Ellen Hutchinson, Vice Chair Alexander Craft, Sarah Bartley, Derek Beckwith, Ellen Flannery, Wayne Miller Members Absent: Allison Kilcoyne Others Present: Assistant Planning Director Darlene Wynne, Board candidate Andrea Toulouse Recorder: Jodi Byrne, Recording Secretary Chair Ellen Hutchinson calls the meeting to order at 7:00 p.m. 1. Subdivision Approval Not Required plans There are none. Chair Hutchinson welcomes Andrea Toulouse as a new Board member, who is not yet sworn in. 2. Remand from Land Court: R65 West Street (63 West Street) - Reconsideration of Denial of a Definitive Subdivision Plan pursuant to Land Court judgment - Evan Wile The applicant's attorney (who is new to this project) presents on behalf of landowners Evan Wile, his ex -wife and daughter. The landowners and the original civil engineer (Dan Crispen) are all present. The attorney says that they are not presenting any new information, but are open to any Board questions. Chair Hutchinson provides a brief background of this project, noting that it was denied by the then Board in 2001. Hutchinson explains that the judge reviewing this project has deemed that its frontage is adequate and that the roadway has adequate access, including for emergency vehicles. Hutchinson explains that the judge is sending this project back to the current Board for a new review and vote. Hutchison states the reasons for project denial in 2001 were a series of waivers, the project not meeting the standards for a subdivision, and the required road access for emergency vehicles. She says that the Board is being asked to vote on waivers A, B, C, D, H, I (referencing the prior decision); the plan scale requirement, the street plan requirement, and the relocation of trees. Darlene Wynne explains to the Board that Subdivision Control Law does allow for someone to come forth for a single lot to establish the frontage. Wayne Miller asks when the Fire Department last reviewed the access area. Wile answers that he met with the fire department one week ago and that the fire department signed off and approved the access area at that time. Derek Beckwith asks about the tree relocation. Crispin explains that there are no trees on the lot. All nearby trees are located on adjacent properties. Jeffery Horowitz, the abutting property owner, is present and requests time to speak. Chair Beverly Planning Board DRAFT Meeting Minutes March 10, 2020 Hutchinson reminds him that this is not a public hearing. Hutchinson asks the Board if the E, F, and G waivers should be granted or denied, and if they are sufficient to deny the Subdivision Plan. Zane Craft asks if these waivers are in line with what the City accepts. Wynne confirms this. Miller asks if the plan's scale is the same one from 2001, and if it should be updated. Wynne answers that an update is not required. It is also noted that the waiver to remove trees is void. After discussion on the original application, the three reasons for denial in the Board's 2001 decision, and the Land Court decision, the Board took the following actions. Craft: Motion to grant the following waivers, as originally referenced on the April 18, 2001 decision letter: (a) Section IV.B.2, maximum minor dead -end street length requirement of 150' (plan proposes a dead -end street length of approximately 870'); (b) Section IV.B.5.b, minimum pavement width requirement of 24' (plan proposes a street width of 20'); (c) Section IV.A.3, minimum right of way width requirement of 50' (plan proposes a right of way width of 20'); (d) Section IV.A.2.e, minimum street intersection radii of 30' (plan proposes no radii); (h) Section IV.A.S.c, requirement that a cul -de -sac or other acceptable turning design be constructed on dead end roads (the plan shows a hammerhead style turnaround); and (i) Section IV. 1.1, typical cross - section requires a crowned roadway slope (plan proposes a single cross - slope). Flannery seconds. The motion passes (6 -0). Craft: Motion to grant the following waivers, as originally referenced on the April 18, 2001 decision letter: (e) Section III.C.2, plan scale requirement of 1 " =40' (plan is drawn at a scale of F' =20'); (f) Section III.C.2, street plan and profile scale requirements of 1 "= 40'horizontal and 1 " =4' vertical respectively (plan is drawn at a scale of 1 " =20' horizontal and 1 " =2' vertical, respectively); and (g ) Section III.C.2.s, requirement that the location of all trees 6" in caliper or greater measured 4' above the ground be included on the plan (plan does not include this information as there are no trees on the lot). Flannery seconds. The motion passes (6 -0). Craft: Motion to accept the Land Court's decision that the previous determination for the denial of the Subdivision Plan is null and void based on the fact that, as determined by Land Court, "the roadway suffices as frontage for the Wile lot and that it is adequate for fire, policy, emergency, and other access." Flannery seconds. The motion passes (6 -0). It is stated that while the 2001 Board voted that this project did not meet the subdivision standard, the current Board is now asked to re- evaluate. Craft: Motion to approve the Definitive Subdivision Plan, in the context of and compliance with the Court Order, for R65 West Street (63 West Street), pursuant to the findings below, incorporated in the motion: (a) in the fact that this Board has, pursuant to the Judge's Order, approved the requested waivers, which was considered a considerable factor to deny the Definitive Subdivision Plan initially; Beverly Planning Board DRAFT Meeting Minutes March 10, 2020 and (b) recognizing per the Land Court decision that the applicant has sufficient rights to access the right -of -way and roadway, specifically that there is no distinction per the Judge between the Horwitz and Wile lots as to issues of frontage, that both stand and fall by the roadway; and (c) that the Definitive Subdivision Plan as has been submitted does meet the statutory definition of a Subdivision. Flannery seconds. The motion passes (6 -0). 3. Minor Modification Request: Site Plan #111 -13 - Modification to an approved site plan eliminating four landscape islands from the surface parking area — 50 Dunham Road (48 Dunham Ridge) — Cummings Properties LLC Michael Aveni, Cummings Properties, presents on behalf of Cummings Properties. He provides a brief background of this project at 48 Dunham Ridge and says that there are currently occupants in the building with a temporary occupancy status. He says that Cummings Properties would like to obtain a permanent occupancy status, and that they have met the requirements set by City Planning Director Aaron Clausen. He notes that as the site work was completed they decided to remove landscaping islands mostly due to plowing requirements. The Cummings representative states that the Board is being asked to approve these items as minor modifications, allowing the proposed removal of the landscaping islands. Flannery asks about the bump out area on the design and how it affects the land mass area. Aveni says that the new design includes a 5 1/2 ft. wide landscape area with 3 1/2 ft. to the parking garage. Miller speaks to the loss of green space and asks if it can be replaced. Aveni explains that in the 54 acres of this project area, 34 acres are an open green space, and that these three islands are housed in less than 1,000 sq. ft. He also says that he is willing to add more green areas at a later time. Hutchinson asks for the size dimensions of the three islands, and he answers 165 sq. ft., 225 sq ft., and 234 sq. ft. He also explains that the lower island is no longer needed due to the proper grading of the project, and that the other removals allow for better plowing and improved parking and emergency access. Hutchinson explains that the Board is being asked to determine if these modifications are major or minor, indicating if there will need to be a public hearing. If no public hearing is required, then the Board can vote to approve changes at this time. Flannery: Motion to determine that the above - referenced modifications are minor in nature. Craft seconds. The motion passes (6 -0). Flannery: Motion to approve the proposed modifications as described on "Plan Showing proposed Landscape Island Modifications, Plan to Accompany Site Plan Review #111 -13 Minor Modification — 50 Dunham Road / 48 Dunham Ridge, Beverly, MA ", dated 2/24/2020. Beckwith seconds. The motion passes (6 -0). 4. Endorse Plan and Accept Performance Bond: Definitive Subdivision Plan - 21 Porter Terrace/122 Livingstone Avenue — Jeffrey Holloran Attny. Marshall Handly is present to speak on behalf of the applicant. Beverly Planning Board DRAFT Meeting Minutes March 10, 2020 Wynne says that there are several documents that were submitted to the Board, and adds that the Board is being asked to accept the developer's disclosure agreement. She also says that they do not have to accept the deed which was included in the packet. She distributes Form F Performance Bond that was later submitted. Chair Hutchison asks about a letter requesting an approval by the Planning Board. Attny Handly explains that this is how the property owner will access the bond. He explains that the applicant is seeking the acceptance of a performance bond (Form F), a disclosure agreement, and an endorsement that the 20 day appeal has passed. Craft: Motion to accept the Performance Bond, Form F and Developer's Disclosure Agreement for the Definitive Subdivision Plan for 21 Porter Terrace / 122 Livingstone Ave. Flannery seconds. The motion passes (6 -0). Craft: Motion to endorse the Definitive Subdivision Plan for 21 Porter Terrace / 122 Livingstone Ave, recognizing that the 20 day appeals period has passed without appeal. Miller seconds. The motion passes (6 -0). 5. Approval of Minutes The minutes from September 17, 2019 are reviewed. Beckwith: Motion to accept the September 17, 2019 minutes as amended. Craft seconds. The motion passes (6 -0). The minutes from November 13, 2019 are reviewed. Flannery: Motion to accept the November 13, 2019 minutes as amended. Sarah Bartley seconds. The motion passes (6 -0). 6. Discussion: Planning Board Standard Conditions Wynne acknowledges that no changes have been made since the last meeting of the Board. She says that the City Engineers are discussing these standards as well. Wynne explains that in the City's new software system, standards could be loaded and selected through the program. The plan is to discuss the standard conditions at the next meeting of the Board. 7. Discussion: Master Plan Update Wynne provides an update of the Master Plan and says that they have shared a draft that will later be edited for public view. Craft asks about an end timeline. Wynne says that the goal is to get the plan to City Council for their endorsement before the summer recess. She explains that the Planning Board is the approving authority, and that hopefully the Board will vote on this plan during the May 5th meeting. She also says that it is planned to allow a time for public input before the final plan submission and vote. Bartley suggests strategies that could allow more time for the public to access and provide input to the Master Plan. She says that if the public is given early access to read and review, it may promote more productive input. Beverly Planning Board DRAFT Meeting Minutes March 10, 2020 Miller suggests that the recommendation be placed on the agenda of various city groups and committees. Wynne confirms that the Planning Board is the only group who votes on the approval of the Master Plan. 8. Other business not known at the time of the posting of this agenda. Wynne asks for suggestions of ways to minimize email communication with legal filings. She asks in which form Board members would like to receive information. Miller says that he would like to continue to receive agendas by email. Hutchinson asks which form of communication is optimal for Wynne and her office. Wynne says that the form included in this meeting's packet is adequate. Wynne will also make special note of things that are time sensitive. Hutchison asks about the plan for the March 24 meeting. Wynne says that if any items on the agenda are not pressing, it may be best to cancel due to the COVID 19 outbreak. Craft asks about the City's plan for the COVID 19 outbreak. Wynne explains that it is an ever - changing situation, and that she will keep everyone informed. Hutchinson asks about the status of the Briscoe project. Bartley says that she attended a neighborhood meeting that was productive and supportive. Adjournment Miller: Motion to adjourn the meeting. Bartley seconds. The motion passes (6 -0). The meeting adjourns at 8:24pm.