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04.26.2022 BPB Minutes Final CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Planning Board DATE: April 26,2022 LOCATION: Virtual Meeting via Google Meet MEMBERS PRESENT: Chairperson Ellen Hutchinson,Vice-Chair Alexander Craft, Sarah Bartley,Ellen Flannery,Derek Beckwith,Wayne Miller, Rodney Sinclair MEMBERS ABSENT: Andrea Toulouse OTHERS PRESENT: Planning Director Darlene Wynne RECORDER: Stacia Chamberlain Call to Order Chairperson Hutchinson calls the meeting to order at 7:01 p.m. and reads a prepared statement introducing the meeting and noting the authority to hold a remote meeting. 1. Subdivision Approval Not Required Plans a. 573 Hale Street& 9 Avalon Avenue: Christopher B.Loring,Ellen G.Loring and Jonathan B.Loring Joe Small of Hancock Survey is on call to discuss the project. Hutchinson opens the discussion for questions. There being none,Hutchinson welcomes a motion. Flannery: Moves to endorse the Subdivision Approval Not Required Plan for 573 Hale Street& 9 Avalon Avenue.Beckwith seconds.Hutchinson takes a roll-call vote.The motion carries 7-0. Beckwith: Motion to open public hearings. Craft seconds.Hutchinson takes a roll-call vote. The motion carries 7-0. 2. Continued Public Hearing: Site Plan Review#153-22- 105 Sam Fonzo Drive, 10 LP Henderson Road-Thomas Ford Tom Ford,principal of the trust; Richard Salvo of Engineering Alliance;James Emmanuel,landscape architect;Mark Schryver,principal architect; and Brandon Purrington,manager of construction from Greenleaf, are on call to discuss the project.Mr.Ford summarizes their efforts to come to amenable terms with the abutters regarding the neighbors' sightlines of the building and landscape buffering.Mr. Ford invites questions from Board members. Beckwith tells Mr. Ford that he is impressed with Mr. Ford's diligence and effort in talking to the neighbors to satisfy their needs.He asks Mr.Ford about exterior paint colors for the building, specifically the sides of the building which face neighbors.Mr.Ford discusses their proposed paint colors, and their willingness to explore options. Wynne mentions that Craft was absent at the last meeting but has certified according to the Mullin law that he is eligible to vote on this application.Hutchinson tells Mr.Ford that she and the Board members appreciate his diligence in this project towards the neighbors. Hutchinson invites questions and comments from the public. Mike Petkavich, 60 Trask Street,thanks the Board for their service and thanks Mr.Ford and his team for their hard work and professionalism during this project.Margaret Vernon, 56 Trask Street, states her Beverly Planning Board April 26,2022 Meeting Minutes Page 2 of 8 approval of Mr. Ford's efforts and cordiality towards her and the other neighbors. She thanks him and the Board members. Robert Gates,61 Trask Street, asks the Board to consider the aesthetic of the building facade facing Route 97.Mr.Ford replies that they have put thought into this topic.He says that the Design Review Board recommended landscaping along that facade in order to beautify the warehouse exterior. Miller asks if there is a way to mitigate or prevent graffiti on the warehouse facade.Mr.Ford responds that they will install exterior security lights. There being no further comments from the public nor the Board,Hutchinson welcomes a motion to close the public hearing. Beckwith: Motion to close the hearing.Miller Seconds.Hutchinson takes a roll-call vote.The motion carries 7-0. Beckwith: Motion to approve the Site Plan Review 9153-22 - 105 Sam Fonzo Drive, 10 LP Henderson Road,with the conditions set forth in letters from the Design Review Board(dated 3/10/22),Parking&Traffic Commission(dated 4/5/22),the Conservation Commission(dated 3/30/22),the Fire Department(dated 2/14/22),the Health Department(dated 2/23/22),the Engineering Department(dated 3/10/22, 3/22/22, and 4/4/22), and Page 6 of the Planning Board staff report; and also including the conditions as stated below. Craft Seconds. Hutchinson takes a roll-call vote. The motion carries 7-0. Conditions 1 Work shall conform to the project plans as named herein, attached and incorporated hereto. 2 Any requests for changes or modifications to the approved project or conditions set forth herein shall be submitted o the Planning Board for review and approval. 3 Subject to compliance with the recommendation and conditions from the Parking &Traffic Commission, as established at their 4/5/22 meeting. Subject to compliance with the letter from the Commissioner of Public Health dated 2/23/22, incorporated herein and attached hereto. 5 Subject to compliance with the recommendation and condition from the Design Review Board, as established in a letter dated 3/10/22 and incorporated herein and attached hereto. Beverly Planning Board April 26,2022 Meeting Minutes Page 3 of 8 6 Incorporating the comments and subject to compliance with the conditions established by the Engineering Department,as follows: 1. Erosion Control-During Construction phase activities,excavation,and earth work shall be done in compliance with erosion control rules and regulations.Open areas of disturbance and soil/material stockpiles shall be protected from waterborne and windborne erosion and shall not have any negative impact on surrounding privately owned or municipally owned property. 2. Engineering-Stormwater Mitigation-Construction shall be such that pre-existing and newly constructed structures,and/or impervious surfaces shall not displace or direct stormwater in any fashion off the subject property.Any activity that directs water onto surrounding privately owned,or municipally owned property will be in violation of City of Beverly Engineering Department Rules and Regulations. 3. Engineering-Commencement of work under this permit is acknowledgment by all involved parties that they understand and will abide by all current Engineering Department Rules and Regulations. Failure to abide may result in cease and desist orders and/or additional fees and fines.This document can be found here on the City's Website:https://www.beverlyma.gov/DocumentCenterNiew/1848/Master-Rules-and-Regulations-PDF 4. Sidewalk along frontage of Sam Fonzo Drive shall be reconstructed to match proposed sidewalk on L.P. Henderson. 5. All newly constructed sidewalk shall maintain a minimum width of 5 feet,2%max.cross slope and all appropriate ADA requirements. 6. The Engineering Department advises that tracking of material/debris/mud offsite is a chronic problem during construction activities. If it is found to be a ongoing issue,construction entrances/on-site tracking pads may need to be expanded beyond the proposed footprint.Vehicle washing provisions may need to be revised to incorporate a suitable,environmentally sound solution, if tracking is found to be a chronic problem. 7. The Applicant shall ensure appropriate access for maintenance to DMH#6 and sediment forebay from the driveway.This shall be reflected in the plan set. 8. Limits of maintenance for stormwater BMPs shall be clearly illustrated on a plan set to be included with the proposed stormwater 0&M manual. 9. Condition#5 as established in a memorandum submitted by Tetra Tech(dated 3/10/22, incorporated herein and attached hereto)must be addressed prior to obtaining construction permits. The Applicant shall also confirm that the Cultec subsurface infiltration basin has the required separation from seasonal high groundwater elevation in accordance with MassDEP Stormwater Handbook. 10. Condition#17 as established in a memorandum submitted by Tetra Tech(dated 3/10/22, incorporated herein and attached hereto)must be addressed prior to obtaining construction permits. Landscape plan indicates maintaining existing vegetation along proposed access path to basin.Width of path and steep grades indicate existing vegetation cannot be maintained without disturbance.Applicant must provide a corrected plan for approval by the Planning and Engineering Departments prior to approval of any construction permits. 3. Continued Public Hearing: Waiver of Frontage and Definitive Subdivision Plan — 14 Jordan Street—John I1tis and Patricia Coen-I1tis Thomas Alexander, attorney for the applicants,is on call to review the project proposal. Mr. Alexander states that this project proposal was voted unanimously to provide the variance to create this lot, and they have received the approval of the abutting neighbors. He adds that they hired a wetlands scientist to mark out the various buffer zones on their plans. He welcomes questions from the Board. Beckwith asks Mr. Alexander to review the plot plan on screen with the Board, as Beckwith is concerned with the structure being within the floodplain.Mr. Alexander describes the schematic,which illustrates the proposed building structure and the buffer zones. Wynne clarifies that the Board is determining specifically whether or not to approve the waiver of the lot frontage. Hutchinson states that she believes that much of the building project will fall under the purview of the Conservation Commission, and also that she is as concerned as Beckwith about the proximity of the proposed building on the lot within the floodplam. Miller is also concerned with the same points, and adds that he is concerned with potential runoff from contaminants and fertilizers.Bartley thinks that this project is a good opportunity for adding reasonably-sized housing to the city when there is a need for adequate housing. Sinclair agrees. Beverly Planning Board April 26,2022 Meeting Minutes Page 4of8 Craft: Motion to close the public hearing. Miller seconds. Hutchinson takes a roll-call vote. The motion carries 7-0. Craft: Motion to approve the waiver of frontage at 14 Jordan Street.Flannery seconds. Hutchinson takes a roll-call vote. The motion carries 7-0. Craft: Motion to approve the Definitive Subdivision Plan for 14 Jordan Street, sponsored by John Iltis and Patricia Coen-Iltis,with the conditions as provided below. Flannery seconds. Hutchinson takes a roll-call vote. The motion carries 7-0. # Conditions 1 The conditions of this approval shall be set forth on the plan to which the conditions or waivers apply OR shall be set forth in a separate instrument(such as this decision letter)which shall be referenced on the plan.This shall occur prior o plan endorsement by the Board. 2 Work shall conform to the project plans as named herein,attached and incorporated hereto. 3 Any requests for changes or modifications to the approved project or conditions set forth herein shall be submitted to he Planning Board for review and approval. 4 Subject to compliance with the standard conditions set forth in the Board of Health comment letter dated 12/24/2021, incorporated herein and attached hereto. 5 Incorporating the comments and subject to compliance with the conditions established by the Engineering Department,as follows: 11. Erosion Control-During Construction phase activities,excavation,and earth work shall be done in compliance with erosion control rules and regulations. Open areas of disturbance and soil/material stockpiles shall be protected from waterborne and windborne erosion and shall not have any negative impact on surrounding privately owned or municipally owned property. 12. Stormwater Mitigation-Construction shall be such that pre-existing and newly constructed structures,and/or impervious surfaces shall not displace or direct stormwater in any fashion off the subject property.Any activity that directs water onto surrounding privately owned,or municipally owned property will be in violation of City of Beverly Engineering Department Rules and Regulations. 13. Commencement of work under this permit is acknowledgment by all involved parties that they understand and will abide by all current Engineering Department Rules and Regulations. Failure to abide may result in cease and desist orders and/or additional fees and fines.This document can be found here on the City's Website: https://www.beverlyma.gov/DocumentCenter/View/1848/Master-Rules-and-Regulations-PDF 6 In reference to condition#1 on the aforementioned letter from the Board of Health,dated 12/24/2021,a copy of the service program for pest control services shall be sent to the Board of Health and the Planning Department for pproval prior to the issuance of a building permit. 4.Public Hearing: Special Permit#181-22- 973 Hale Street,Pork-Chop shaped lots for single family residence Mark B. Glovsky, Glovsky and Glovsky for Joan L.Mullen Wynne reads the public notice. Mark Glovsky is on call to discuss the project proposal using the project schematic. Mr. Glovsky states that the Zoning Board granted the property owner unequivocal approval for a zoning variance. He also states that Ms. Mullen received support from her neighbors for this project. He enumerates the requirements to be satisfied for building on the separate lots and explains how their building plans are within those requirements. Hutchinson invites questions from Board members. Hutchinson asks Mr. Glovsky if they could make frontage on Lot 1 larger and still meet the zoning requirements. He replies that it is meant to allow Ms. Mullen to maintain control of the landscaping and natural habitat of the pond area on her frontage on Beverly Planning Board April 26,2022 Meeting Minutes Page 5 of 8 Lot 2.Beckwith asks about Parcels B & C: they note on the schematic that a decision has yet to be made about their allocation to either Lots.Mr. Glovsky explains that these are unbuildable plots and that it may be up to the new Lot owners to choose which Parcel matches with which Lot. Beckwith would like to know how Mr. Glovsky could justify the statement that these lots will preserve the landscape from additional building and development.Mr. Glovsky replies that Pork-Chop shaped lots are deliberately less divisible by shape and Ms.Mullen plans to place conservation restrictions onto each Lot.He also states that the quantity of salt marsh in the rear of each proposed Lot makes further division nearly impossible.Hutchinson would like clarification on the driveway for proposed Lot 1;he replies that it exists on the Greenbelt property adjacent due to an easement.He adds that they do not wish to add another curb cut.Flannery asks if there are plans for expanding the guest house above the garage.Mr Glovsky replies that there are no plans for additions to the guest house. Craft asks if these plans have been sent to the abutters.Mr. Glovsky confirms that they have mailed plans to all abutters and they have received letters of support from many and have heard no concerns. Beckwith: Motion to close the public hearing. Craft seconds.Hutchinson takes a roll-call vote. The motion carries 7-0. Beckwith: Motion to approve the special permit for#181-22-973 Hale Street,Pork-Chop shaped lots for single family residence,submitted by Mark B.Glovsky,Glovsky and Glovsky, on behalf of Joan L. Mullen. As part of the approval, the Board recognizes that the applicant has met the 10 requirements outlined by 300-18A (8:26 p.m.) of the zoning ordinance, including (1)The site is an appropriate location for the proposed use and the character of adjoining uses will not be adversely affected. (2)No factual evidence is found that property values in the district will be adversely affected by such use. (3)No undue traffic and no nuisance or unreasonable hazard will result. (4)Adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed uses. (5)There are no valid objections from abutting property owners based on demonstrable fact. (6)The minimum lot area of the pork-chop- shaped lot shall be at least the minimum lot area required in the zoning district in which the pork-chop-shaped lot is located, except the portion of the lot which is the narrow strip or portion of the lot to the way shall not be included in the lot area calculation. (7)The width of the pork-chop-shaped lot measured at the shortest distance between side lot lines is no less than 75 feet at any point between the street and the existing or proposed building on the lot. (8)All front, rear, and side yard setbacks shall be the same as the minimum setbacks specified for the zone in which the lot is located. (9)The depth of that portion of the lot which fails to satisfy the lot frontage requirements set forth in the definition of"frontage" in § 300-5 between the street and the existing or proposed building on the lot cannot exceed a distance of 250 feet from the street. (10)There shall be not more than one other pork-chop-shaped lot with frontage contiguous to it. In addition, the following conditions: (1) A Subdivision Approval Not Required submission will be required in order to formally divide the lots, and prior to applying for a Building Permit. (2) Any requests for changes or modifications to the approved project or conditions set forth herein shall be submitted to the Planning Board for review and approval. (3) Subject to compliance with the standard conditions set forth in the Fire Prevention Office comment letter dated 4/5/2022, incorporated herein and attached hereto, including that a new hydrant be provided in the new driveway easement area. (4) Subject to compliance with the standard conditions set forth in the Board of Health comment letter dated 4/5/2022, incorporated herein and attached hereto.Flannery seconds. There being discussion: Mr. Glovsky is surprised to hear that the Fire Department required that there be a new hydrant built on the property, as referenced by Beckwith in a letter sent by them. Wynne reads aloud Beverly Planning Board April 26,2022 Meeting Minutes Page 6 of 8 the letter from the Fire Department.Mr. Glovsky replies that this is an opportunity to discuss with the Fire Department and since they have not understood this requirement,they may need to come back after discussion with the Fire Department for another hearing.Mr. Glovsky responds that he would prefer not to accept the condition without understanding the ramifications of the implementation of the condition. Beckwith asks Mr. Glovsky if this condition could be included in the subdivision review that they will entertain regarding this project.Mr. Glovsky replies that this would be more fair.Wynne states that the subdivision regulations require that hydrant locales be shown on the plans at time of application, so this could be sufficient.Beckwith suggests that Mr. Glovsky could resolve the issue before the next Approval Not Required(ANR)plan for the subdivision of the lot.Board members discuss the letter from the Fire Department and how to satisfy this condition in a timely manner. Members determine to amend the motion where it references the Fire Department's letter of April 5, 2022,to withdraw language regarding installing a new hydrant in the new driveway in the easement, and replace it with the language "shall present in its subdivision approval not required submission,brought before the Planning Department,an ANR plan showing an agreed-upon location of fire hydrants,between the applicant and the Fire Department." Amendment seconded by Flannery.Mr. Glovsky is unsure if the Fire Department is requiring them to put a new hydrant on the Essex County Greenbelt easement and if that is within his purview,but that he will discuss this further with the Fire Department. Hutchinson takes a roll-call vote. The motion carries 7-0. 5.Public Hearing:Waiver of Frontage and Definitive Subdivision Plan - 93 & 95 Corning Street- Conor Walsh,Glovsky& Glovsky for Marcheterre Family 2012 Realty Trust Wynne reads the public notice. Conor Walsh is on call to discuss the project proposal.Mr.Walsh summarizes the purpose of the plan and invites questions from Board members.Hutchinson asks Mr.Walsh to provide details on the exact lot size. She would like to know if the purpose was to find an equitable share of the land between the Lots 1 &2.Mr. Walsh states that these lots have been owned by the same owner for decades and had already established these lot lines, and that this hearing is designed to memorialize the long-established division line of the Lots. Wynne shows photos of the property from Google Map to demonstrate the existing conditions, showing an existing fence on the proposed new lot line. Beckwith: Motion to close the public hearing. Craft seconds.Hutchinson takes a roll-call vote. The motion carries 7-0. Hutchinson would like Mr. Walsh to be aware of the specific conditions that the Board is intending to place on this subdivision plan and states them aloud. Flannery: Motion to approve the Waiver of Frontage at 93 & 95 Corning Street,application by Conor Walsh, Glovsky& Glovsky for Marcheterre Family 2012 Realty Trust. Beckwith seconds.Hutchinson takes a roll-call vote. The motion carries 7-0. Flannery: Motion to approve the Definitive Subdivision Plan at 93 & 95 Corning Street, application by Conor Walsh, Glovsky&Glovsky for Marcheterre Family 2012 Realty Trust,with conditions as described below. Sinclair seconds.Hutchinson takes a roll-call vote.The motion carries 7-0. Beverly Planning Board April 26,2022 Meeting Minutes Page 7 of 8 # Conditions 1 The conditions of this approval shall be set forth on the plan to which the conditions or waivers apply OR shall be set forth in a separate instrument(such as this decision letter)which shall be referenced on the plan.This shall occur prior to plan endorsement by the Board. 2 Work shall conform to the project plans as named herein,attached and incorporated hereto. 3 Any requests for changes or modifications to the approved project or conditions set forth herein shall be submitted to he Planning Board for review and approval. 6.Public Hearing:Modification to Site Plan #141-99— 108 Bridge Street—David Cutler Wynne reads the public notice. Thomas Alexander, attorney for the applicant, and George Zambouras, site civil engineer,are on the call to discuss the project.He first states that they regret that they proceeded with unapproved changes to this project without due process,citing the various challenges faced by the client, and how construction decision processes can cause mistakes.He outlines the specific unapproved design changes and discusses the rationale for them.He adds that the Design Review Board unanimously recommended approval of the plan.Beckwith asks about changes to the easement.Mr.Zambouras clarifies the area on the property where the easement is located. Beckwith expresses his frustration with the client's avoidance of due process.Miller introduces the idea that perhaps their system confounds the process.Hutchinson asks for clarification on specific prior modifications and the responsibility for landscape maintenance of plantings located in the easement.Hutchinson asks Wynne to summarize the recommendations from the Design Review Board.Hutchinson invites comments from the public. There being none from the public, Hutchinson welcomes a motion to close the hearing. Beckwith: Motion to close the public hearing. Craft seconds.Hutchinson takes a roll-call vote. The motion carries 7-0. Craft: Motion to approve the aforementioned architectural change modifications to Site Plan 9141-99— 108 Bridge Street,including architectural details and features. Flannery seconds.Hutchinson takes a roll-call vote.The motion carries 7-0. Craft: Motion to approve the landscape planting modifications to Site Plan 4141-99— 108 Bridge Street.Flannery seconds.Hutchinson takes a roll-call vote.The motion carries 7-0. Craft: Motion to approve the modification at Site Plan#141-99— 108 Bridge Street,for the retaining walls,unit-specific patios and the individual fences orientated between each unit patio.Flannery seconds. Hutchinson takes a roll-call vote. The motion is denied, 2-5,with Beckwith,Flannery, Sinclair, Craft, and Hutchinson voting no. Mr.Zambouras comments that the retaining wall existed before and is structurally necessary. Wynne recommends they respond with a formal written argument for why these structural changes are necessary. Set Public Hearings a. none at this time Approval of Minutes a. April 5,2022 Board members review the minutes and have offered comments and/or corrections. Flannery: Motion to approve the minutes from the meeting on April 5,2022, as amended. Beckwith seconds.Hutchinson takes a roll-call vote. The motion carries 7-0. Beverly Planning Board April 26,2022 Meeting Minutes Page 8 of 8 Other/New business a. Correspondence from Parking &Traffic Commission: Condition Acknowledgment— SGOD Project Review#01-18— 108 Sohier Road Wynne summarizes sidewalk construction work to be done near and around the Anchor Point development project and how the timeline for its construction has changed. She explains how the project will be completed through a state grant and that Harborlight is no longer responsible for its construction. Members discuss whether or not they need to vote on this action. Craft recommends that this information be attached to the Anchor Point documents as evidence that the condition will be met in other ways. b. Correspondence from Planning Department: Administrative Approval of Necessary Plan Correction—SGOD Project Review#01-18— 108 Sohier Road Wynne summarizes work done to change the location of the construction of certain stairs and retaining walls at the Anchor Point development project,which were erroneously shown on City-owned property. Hutchinson does not believe that the Board needs to vote to approve of this change. Board members discuss checks and balances for decisions on what they describe to be minor or insignificant changes. Members decide it would be appropriate for the Board to acknowledge and place with the relevant documentation. Beckwith: Motion to receive and place on file the April 21,2022 correspondence to the Planning Department: Administrative Approval of Necessary Plan Correction— SGOD Project Review 401-18— 108 Sohier Road. Craft seconds.Hutchinson takes a roll-call vote. The motion carries 7-0. Adiournment Craft: Motion to adjourn at 10:20 p.m. Beckwith seconds. The motion carries 7-0. The next regular meeting of the Beverly Planning Board will take place on Tuesday, May 17, 2022, and will be held virtually via Google Meet.