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07.21.2020 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: July 21, 2020 Location: Google Meet virtual meeting Members Present Chair Ellen Hutchinson,Sarah Bartley, Derek Beckwith, Ellen Flannery, Wayne Miller, Andrea Toulouse Members Absent: Allison Kilcoyne, Vice Chair Alexander Craft Others Present: Planning Director Darlene Wynne Recorder: Jodi Byrne Call to Order Chair Ellen Hutchinson calls the meeting to order at 7:00 p.m. and reads a prepared statement introducing the meeting, the authority to hold a remote meeting, public access and public participation, and meeting ground rules. She takes roll call attendance. Members, when I call your name, please respond in the affirmative. Names of members. Sarah Bartley Allison Kilcoyne (absent) Derek Beckwith Wayne Miller Alexander Craft Ellen Hutchinson Ellen Flannery Andrea Toulouse The Chair then read the script describing the reasons, permissions, and ground rules for holding a remote public meeting. 1. Subdivision Approval Not Required Plans a.7 Sohier Road - Briscoe Village LLC c/o Glovsky & Glovsky and City of Beverly Attny. Gooding speaks on behalf of the client. She states that this is a follow up application to the previous Special Permit application for the reuse of the Briscoe School for multi-family residential and theater use where the lot needs to be divided. Attny. Gooding says that the plan is to divide the property so that the city retains a significant portion of the land. The land will be divided into 4 parcels (Lots A, B, C, and D). Lot B will contain the building, and the City will retain the remaining parcels labeled A, C, and D. She states that this plan is straightforward with meeting the standards for Subdivision Approval Not Required. Chair Ellen Hutchinson confirms the frontage requirement of 65 ft. and access from major roads. Attny. Gooding says that all except Lot D meet this requirement, but that Lot D is not a buildable lot. There are no further questions from the Board. Flannery: Motion to endorse the Subdivision Approval Not Required for 7 Sohier Road - Briscoe Village LLC c/o Glovsky & Glovsky and City of Beverly having met the three requirements for SANR approval: Beverly Planning Board Meeting Minutes July 21, 2020  1.The lots shown on the plan must front on one of three types of ways as specified in MGL Chapter 41, Section 81L. [Each lot has frontage on a public way. Lot D is not to be considered a buildable lot.] 2.The lots shown on the plan must meet the minimum frontage requirements as specified in e minimum frontage in the RMD. Each buildable lot meets this standard.] 3. MGL Chapter 41, Section 81L, exist. [Each lot has direct access from a public way.] Bartley seconds the motion. There is a roll call vote with each member voting yes: Sarah Bartley, Derek Beckwith, Alexander Craft, Ellen Flannery, Wayne Miller, Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0). b.865 Hale Street Kevin & Susan Barry (same as item 3 on agenda). 865 Hale Street Kevin & Susan Barry These two items were heard concurrently. Attny. Gooding speaks on behalf of the client. She provides the background of this request to endorse an ANR plan and to waive OSRD requirements. She says that 865 Hale Street is a single residence that has been owned by Kevin and Susan Barry since 2001. Attny. Gooding adds that the involved land is 2.3 acres, with landscape and gardening features (8,000 sq ft) and a wetland resource. Attny. Gooding says that this property adjoins the OSRD subdivision for 875 Hale Street (West Beach Lane) and notes that the subdivision process was historically contentious. Attny. Gooding reports that in 201 ft. frontage on Hale Street, which would allow 120 ft. on Hale Street to serve the main house. Attny. Gooding says that this permit was to preserve the existing gardens but also to retain value of the property if significantly affected by the subdivision next door. She says that the permit has received numerous extensions as they waited for the subdivision construction next door to be completed. Attny. Gooding reports that in 2018, construction began and has wound down with most residences being sold. She says that her client wants to use the permit to build on their property, but discovered when they applied for a building permit that it had not yet been endorsed as an ANR plan. Attny. Gooding explains that this needs to be determined as well as an OSRD waiver. She says that now that the clients know where the house will be sited, they would like to complete the work and move forward with the sale and construction of their home. Wynne projects images that correspond to the following: 1.Form A - The ANR endorsement - Gooding reviews the plan that was approved by the Board in 2010. One exception is that neither lot can be further subdivided, nor this would be hand marked on the plan. 2.OSRD Waiver - this considers the objectives of the OSRD (protecting the wetland and natural features of the land) with the purpose of making sure the home is sited in a way that minimizes any disturbances to the natural land. The house site has been approved by the Conservation Commission. Ϯ  Beverly Planning Board Meeting Minutes July 21, 2020  Chair Hutchinson suggests they begin with questions regarding the ANR and its requirements. Chair Hutchinson confirms with Attny. Gooding that the access from Hale Street will come from the new subdivision roadway via an easement. A rules, if there is legal frontage the property owners can use their chosen means of access, and that the point of access is not an issue for the requirement. She adds that the easement has been drafted, but not yet recorded. Chair Hutchinson shifts the discussion to the waiver on the OSRD. Derek Beckwith asks if there would be infringements on the buffer zone. Wynne projects the image. Attny. Gooding says that the structure is outside of the buffer zone. She adds that some of the construction work may occur within this zone, but that this work meets the satisfaction of the Conservation Commission, as listed in an Order of Conditions recorded with the Registry of Deeds. Craft asks if the Board needs to state the conditions in the decision of the OSDR waiver. Wynne reports that they do not. Chair Hutchinson asks if the lot deed restriction document would need to be recorded before the restriction of further subdivision. Attny. Gooding says that they will be recorded simultaneously so that they would cross reference each other. She also confirms with Chair Hutchinson that 865 Hale Street and the two smaller lots will all contain a deed restriction. Miller clarifies Item #4 as provisions to run with the land as they apply to the property. Beckwith asks about property access from West Beach Lane. Attny. Gooding says that the recorded easement provides legal access. Bartley questions the result of the OSRD if the Board did not grant the waiver. Attny. Gooding explains the process that would follow this scenario, including a return to the entire OSRD process involving a yield plan. She says this would be in excess of the practical reality of creating one additional house lot, and states that the current plan is the best site for the home. She confirms with Bartley that the client does not want to disrupt the significant feature of the mature gardens on the property. Chair Hutchinson says that if the waiver was denied, it could invite extra work with possibly little return as there is potential for a number of lots, while the client is only asking for one buildable lot. Craft: Motion to endorse the SANR plan for 865 Hale Street in that it meets the three standards as required in MGL Chapter 41: 1.The lots shown on the plan must front on one of three types of ways as specified in MGL Chapter 41, Section 81L. [Hale Street is a public way.] 2.The lots shown on the plan must meet the minimum frontage requirements as specified in MGL Chapter 41, Section 81L. [Lot 1A meets the standard of minimum frontage by 3. MGL Chapter 41, Section 81L, otherwise exists. [Access for Lot 1A is provided through West Beach Lane a private way established by Subdivision Approval, by agreement; though access could be provided directly from Hale Street if it was desired.] ϯ  Beverly Planning Board Meeting Minutes July 21, 2020  Flannery seconds the motion. There is a roll call vote with each member voting yes: Sarah Bartley, Derek Beckwith, Alexander Craft, Ellen Flannery, Wayne Miller, Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0). Craft: Motion to grant an OSRD waiver for 865 Hale Street with the following conditions: 1.No more than two (2) new building lots are created; and, 2.The owner and his/her successors in title, through deed restriction, will relinquish all rights of future division that will create additional building lots together or in conjunction with land outside the tract. 3.The applicant has provided an acceptable plan identifying and delineating primary and secondary conservation areas, potentially buildable areas, and proposed house location(s). 4.The applicant has satisfied the Planning Board that siting of the new houses and associated site improvements, including stormwater management, conform to the purposes and intent of the OSRD Ordinance. This will include the deed restriction with a notation filed with the registry of deeds and will be written on the ANR before recording. In addition, it is agreed that the owner will record the Board's decision on the ANR and in the deed waiver and the restrictions previously discussed. Flannery seconds the motion. There is a roll call vote with each member voting yes: Sarah Bartley, Derek Beckwith, Alexander Craft, Ellen Flannery, Wayne Miller, Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0). 2. Public Hearing: Major Modification request to Site Plan Review #146-19 - 0 Everett Street - 0 Everett Street LLC Flannery: Motion to recess for a public hearing. Beckwith seconds the motion. There is a roll call vote with each member voting yes: Sarah Bartley, Derek Beckwith, Alexander Craft, Ellen Flannery, Wayne Miller, Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0). Architect Julia Mooradian presents on behalf of the client. She reviews that this property (on the corner of Hale and Everett Streets) was previously approved for a mixed-use project, and that the proposed modifications are to now create a building that is only two residential units. Mooradian describes the modifications which include a rotating the building 90 degrees, reduction in parking, and changes to curb cuts and landscaping. Mooridian also reviews the floor plans which include two garages and resident patio areas. She states that the building has been approved by the DRB with the following changes noted: roofs above the garage doors will be shed roofs with copper, the entrance will have an overhang gable roof, and that there will be a single entry door into the area along with main entry into the house. Mooridian reports that they ϰ  Beverly Planning Board Meeting Minutes July 21, 2020  have also modified a full shed roof on the upper level to allow for a smaller dormer with each side hosting cedar shakes and a privacy screen to allow protection for abutting neighbors. There will be copper on the side roofs, with cedar shakes surrounding the building. Engineer Brendan Pyburn shows the removal of the infiltration system and the closed site drainage. He says that this change is due to the removal of the business unit, where parking and drainage needs will be less. He says that he spoke with the City Engineering Department to make these changes based on decreasing impervious areas by 20%. Chair Hutchinson asks if Wynne has any written approval from Engineering regarding these changes. Wynne says no. Wynne notes that the project will need to meet stormwater management requirements in order to receive a building permit, so that an approval by the Board will not overstep any engineering requirements. Beckwith asks if the applicant will agree to any damage to pavement and sidewalks due to utility work, per Sean Cianciar noted requirement that the applicant pave any area that is disturbed during construction which is the same as under prior condition. The DRB has had one condition noted on a letter for copper on the roof. Beckwith says that this design shrinks the Beverly Farms village area in that the side of the Thistle and Hale Streets, saying that it is stately and hosts a design that better belongs on the street. Chair Hutchinson asks if the DRB had any comments on the design elevations of this building. Flannery says that the DRB recognized that the building could not be rotated due to the two garages. Beckwith states that he is suggesting something more stately on the side to make it assessment. Chair Hutchinson reminds the Board that this is a site plan review and that the Board has limited authority on the design. The applicant, Joseph Skomurski, says that he is willing to comply with the paving condition and that very little should be affected. Wynne notes the email containing the comment and states that it does not need to be amended but that they can just acknowledge the received email. Chair Hutchinson opens comments to the public. 1.Peter Johnson - 677 Hale Street Johnson requests that the new building offer a design that better features the entrance to Beverly says that he hopes the builder will enhance the view from Hale Street. Skomurski responds saying that the front of the building is on Everett Street, and he feels that the building with the landscape should offer a nice view to this area. ϱ  Beverly Planning Board Meeting Minutes July 21, 2020  Craft asks about the privacy screen and the fence agreement with the abutting property owner. Skomurski says he met with the abutting neighbor and that they came to an agreement on both items. Rebecca Swanick of 5 Everett Street is on the call and confirms this agreement. Wynne states that if the Board were to approve a modification to the Site Plan, that the previous conditions stand. She reminds the Board that the approved plan was for a retail storefront with two residential units, and the modification is to remove the storefront and just build the two residential units. Flannery: Motion to close the public hearing. Miller seconds the motion. There is a roll call vote with each member voting yes: Sarah Bartley, Derek Beckwith, Alexander Craft, Ellen Flannery, Wayne Miller, Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0). The public hearing is closed. Beckwith asks Wynne if the Board has any voice in the recommendations to the building. Wynne health, safety, and welfare of the city in the area of development. Wynne also says that in the prior review, the public was unhappy with the retail portion. Bartley states that the Planning Board relies on the DRB for design, and should not put additional requests on what the DRB has provided. Miller submits that while the Planning Board relies on the DRB, they ask designers to present something that is not a degradation to the village. Skomurski reviews the plans of the DRB to scale down and blend in. He feels that the shingle sided building with windows will look great. Chair Hutchinson says that if this modification gets denied, the original site plan may still be built. Wynne confirms that they are only voting on the modification. Flannery: Motion to approve this major modification request to Site Plan Review #146-19 - 0 Everett Street - 0 Everett Street LLC with the following conditions: 1.Subject to the condition from Design Review Board, dated July 13, 2020 that roofs on side and lower are copper additions on the roof. 2.Subject to the email from Engineering Dept, dated May 28, 2020 that curb to curb repavement may necessary. 3.Subject to the email from Engineering Dept, dated May 28, 2020 that stormwater management standards will be met. 4.That conditions from January 2020 approval still apply. Craft seconds the motion. Chair Hutchinson asks if they want to add fence repair as a condition to the motion. Wynne states that the public meeting is closed and that the agreement between the builder and the neighbor is not known by the Board. There is no further discussion on the motion. There is a roll call vote: Sarah Bartley, Derek Beckwith, Alexander Craft, Ellen Flannery, Wayne Miller, ϲ  Beverly Planning Board Meeting Minutes July 21, 2020  Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (6-1) with Beckwith voting no. 4. Request for Full Release of Performance Bond: Definitive OSRD Site Plan West Beach Lane Montrose School Park Wynne provides an update stating that they do not yet have the autoCAD files, and are therefore requesting that the bond be renewed rather than released. She says that the engineering department is requesting renewing the bond for the full amount or for 40% of the bond which is $12,400. She confirmed with the bank that this is possible with extending the construction date. She asks Jeff Rhuda to speak. Rhuda is having trouble with his microphone, but types a message that he is agreeable to renew the bond at 40% and to extend the construction date to October 30, 2020, if the Board pleases. The bond was in the form of a letter of credit. Craft: Motion that the Board renew the Performance Bond for Definitive OSRD Site Plan West Beach Lane Montrose School Park in the form of a Letter of Credit for 40% in the amount of $12,400, and to extend the construction completion date to October 30, 2020. Beckwith seconds the motion. There is a roll call vote with each member voting yes: Sarah Bartley, Derek Beckwith, Ellen Flannery, Alexander Craft, Wayne Miller, Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0). 5. Confirmation of Covenant Release: Definitive Subdivision Plan Penny Lane, Lots 1-4, formerly Hale Court c/o Kellem &; Kellem LLC Wynne says that the Board may want to affirm its prior release of recording this document in the event that the Registry of Deeds wants to review. This will affirm the release of the Form H with valid Board approval as it had not been recorded in the registry of deeds in 2006. Chair Hutchinson confirms with Wynne that this is stamped with an approval from 2006. Craft: Motion that the Board confirm the Covenant Release of Form H of the Definitive Subdivision Plan Penny Lane, Lots 1-4, formerly Hale Court reaffirming the original release accepted in January 2006. Flannery seconds the motion. There is a roll call vote with each member voting yes: Sarah Bartley, Derek Beckwith, Ellen Flannery, Alexander Craft, Wayne Miller, Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0). 6. Set Public Hearing Date: Definitive Subdivision Plan Livingston Avenue (Map 9 Lots 370, 371, and 372) proposed plans include improvements, and extending Livingston Avenue by approximately 280 feet 7 Porter terrace LLC. Flannery: 2020. Miller seconds the motion. There is a roll call vote with each member voting yes: Sarah Bartley, Derek Beckwith, Ellen Flannery, Alexander Craft, Wayne Miller, Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0). ϳ  Beverly Planning Board Meeting Minutes July 21, 2020  7. Approval of Minutes January 28, 2020 minutes are discussed and amended as needed. Craft: Motion to approve the minutes for January 28, 2020 as amended. Flannery seconds the motion. There is a roll call vote with each member voting yes: Sarah Bartley, Derek Beckwith, Ellen Flannery, Alexander Craft, Wayne Miller, Andrea Toulouse, and Chair Ellen Hutchinson. The motion passes (7-0). 8. Other business not known at the time of the posting of this agenda Wynne announces that Emily Hutchins has been named as the new Asst. Planning Director, and that the City is now looking to hire an Associate Planner. Wynne provides an update on the Master Plan. She says there is a directive to keep it moving toward an approval. She says she has a plan submitted to the Mayor and needs to still add some content to the outreach component. She also reports that they will add the events from the past few months, with an addendum or an acknowledgement of the short term effects of the pandemic, while keeping the focus on the long term. She says the plan will be brought to the Planning Board in August as an introduction and refresher, and then released to the public, following with some public engagement opportunities. Wynne states that the Plan would go to City Council after the Planning Board, and that this would not be done before mid-September. Wynne reports that CDBG money was awarded to the City in the amount of $230,000.00, with maximum grants of $10,000.00 to be awarded to businesses with five employees or less who have been open prior to January 1, 2019. She says that a press release will soon be published to notify the public of this application opportunity. Wynne also reports that Beverly was recognized by Governor Baker as a Housing Choice Community, as Beverly showed the addition of a certain number of units over 5 years and at least seven of fourteen best practices. Wynne says the City was also awarded this in 2018. She states that this helps the City gain points in grant applications and provides access to a capital grant program. Wynne says that the CPC continues to work on emergency rental assistance and are now accepting applications from two agencies. Beckwith reports that of eight organizations, two are interested and are in the process of filing their applications. Beckwith says that the CPC hopes to get this program running by September 1, 2020 with the amount of $240,000.00 He reports that the soliciting bids will limit the fee, but expects a fee in the range of 10-20%. Flannery: Motion to adjourn the meeting. Beckwith seconds the meeting. The motion passes (7-0). The meeting is adjourned at 9:24 p.m. ϴ