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03.07.23 BPB Minutes Final CITY OF BEVERLY PUBLIC MEETING MINUTES COMMISSION: Planning Board DATE: March 07, 2023 LOCATION: Beverly City Hall Google Meet joining info: https://meet.google.com/arm-idyy-iak Or dial: (US) +1406-948-2161 PIN: 190 672 331# Social Media Platform: N/A MEMBERS PRESENT: Ellen Hutchinson (Chair), Derek Beckwith (Vice-Chair), Ellen Flannery, Rodney Sinclair, George Gomes (Remote), Sarah Bartley MEMBERS ABSENT: Wayne Miller STAFF PRESENT: Darlene Wynne, Director of Planning and Community Development OTHERS PRESENT: RECORDER: Michael Ciulla Call to Order Chair Hutchinson calls the meeting to order at 7:02 pm. Chair Hutchinson makes an announcement for the audience stating that the Holmes project (Special Permit#184-23 and Site Plan Review#130-23) has requested to withdraw their plan without prejudice from the Planning Board therefore there will be no presentation on the subject during the meeting. Additionally, George Gomes is attending remotely therefore the votes will be via roll call instead of showing of hands. 1. Subdivision Approval Not Required Plans—N/A There are no SANR plans. Chair Hutchinson makes an announcement to reorder agenda item 12 to be next topic of discussion due to numerous factors being dependent on the next meeting date. 2. New or Other Business—Amendment to Meeting Schedule The next Planning Board meeting is proposed to change from March 28, 2023, to March 29, 2023. There being no further comments or questions regarding the matter: Chair Hutchinson calls the role to change the next Planning Board meeting from March 28, 2023, to March 29, 2023. All members vote in favor. Recess for public hearings. Motion: Flannery moves to recess for public hearings. Sinclair seconds. Motion carries 6-0. Planning Board March 07, 2023 Meeting Minutes Page 2 of 10 Wynne provides notice citing Beverly zoning ordinance Chapter 40A Sections 300-91, 300-94, 300-98, 300-50, and 342-C1(I) relative to Special Permit#183-22 and Site Plan Review#159-22—128 Boulder Lane—Oak Forest Farm LLC 3. Public hearing: Special Permit#183-22 and Site Plan Review#159-22—128 Boulder Lane—Oak Forest Farm LLC Chair Hutchinson asks if anyone is present on behalf of the applicant and there is no one. Wynne indicates a letter was received today from the applicant stating interior modifications are required and more time is needed for resolution before presenting to the board. Applicant has requested a continuance to next meeting. Chair Hutchinson provides background stating the applicant has received feedback from many boards including Beverly Salem Water board, Wenham Fire Department, and Beverly Fire Department. Applicant is likely addressing concerns and has asked to continue hearing at next meeting. Motion: Beckwith moves for continuance of discussion regarding 128 Boulder Lane—Oak Forest Farm LLC to the next meeting on Mar 29, 2023. Flannery seconds. Motion carries 6-0. 4. Public Hearing: Special Permit#184-23, Site Plan Review#160-23, and Inclusionary Housing Application#24-23—100 Rantoul Street—Barnat Beverly LLC Wynne provides notice citing Beverly zoning ordinance Chapter 40A Section 9 and Sections 300-40C1A 300-40D2F, 359D, 391, 398 and 300-102 relative to Special Permit#184-23, Site Plan Review#160-23, and Inclusionary Housing Application #24-23—Barnat Beverly LLC—100 Rantoul Street Attorney Anne Reynolds on behalf of the applicant requests to leave the application without prejudice. Beckwith requests background for requesting leave with/without prejudice for the benefit of the audience. Reynolds explains without prejudice would allow the applicant to refile a request for the same development in the future after conducting outreach with the community and discussing with other boards while with prejudice would not allow for such refiling. Reynolds clarifies for Beckwith the time for revisiting the filing is unknown. Since no actions or development has occurred, Chair Hutchinson explains there would be no need to withdraw the application with prejudice. Motion: Flannery moves to grant the request to withdraw without prejudice the application for Special Permit#184-23, Site Plan Review#160-23, and Inclusionary Housing Application#24-23—Barnat Beverly LLC—100 Rantoul Street. Beckwith seconds. Motion carries 6-0. S. Public Hearing: Site Plan Review#161-23 and Inclusionary Housing Application#25-23—103 Cabot Street—Cabot Park LLC Planning Director Wynne reads the public notice citing Beverly zoning ordinance for first public hearing relative to Site Plan Review#161-23. Redevelopment of and addition to the existing 4-unit residential structure and convert the property to a mixed-use structure. Will contain a total of eleven (11) residential units and one (1) office unit. Planning Board March 07, 2023 Meeting Minutes Page 3 of 10 Wynne clarifies the inclusionary housing permit does not require a public hearing and is combined with the Site Plan Review. Attorney Connor Walsh, introduces himself as representing on behalf of the client Cabot Park LLC from Glovsky and Glovsky, LLC.Joining him are Jessie Jalbert the principal of the applicant, Stefano Basso of SV Design the project's architect, and Bob Griffin of Griffin Engineering the project's engineer. The applicant is seeking to redevelop the four-unit structure at the property and construct an addition at the rear of the structure to house 7 new 1-bedrom dwelling units for a total of 11 units (two two- bedrooms and nine one-bedrooms) and a professional office space along the frontage of Cabot Street. An existing garage at the property will be demolished as a part of this project. The property has been designed to have 13 parking spaces in accordance with Beverly zoning ordinance. The three parking spaces for the office space will be located at the Franklin Place Municipal Lot within 500 ft. of the property. One of the seven new 1-bedroom units will be designated as affordable at 60% AMI, consistent with the city's zoning amendment to the zoning ordinance. The project has been presented to and reviewed by the Design Review Board and the Parking and Traffic Commission, receiving favorable recommendations. Project Architect Stefano Basso reviews the architectural components of the proposed project: The existing building is shown to be a typical 2.5-3 story Beverly structure having Greek revival attributes.The original architectural details were covered up with shingle siding which may reveal details when removed. There is a covered entryway on the Cabot Street side.The neighbor's driveway is to the left of the building and the structure's parking lot is to the right of the building. The parking lot view shows a vintage addition from the 50s which is to be retained.A ramped doorway to the front of the building on Cabot St will enter the office/retail space planned. The floor layouts show the 1- bedroom units to be created on the first, second, and third floors.A typical sloped roof is shown for the front of the structure and a flat, solar-ready roof in the rear portion of the structure. Existing basement will have utilities brought in to add sprinklers to the whole building. Bulkhead with steps will be removed and a stairway will be added. Renderings show the restored Cabot St fagade showing additional design details around the structure. Some details noted include corner board trim, replacing the front door, gooseneck lighting, white panel scheme along the front of the building, hanging sign, and bank of 3 windows. The tree in the front sidewalk is to be replaced as per talks with the Design Review Board. The street facing door enters the residential units not the retail space. Black sash windows and 6-over-1 scheme for the windows are to be used for the building's front windows and 2-over-1 scheme for the rear of the structure. A lighter color scheme was chosen for the rear of the building than the front. Over-sized address numbers are above the entryway by the middle of the structure along with a trash enclosure nearby having white panel fence to match the building per the DRB. The retaining wall is seen at the rear by the parking spaces separating the parking lot from the embankment. Planning Board March 07, 2023 Meeting Minutes Page 4 of 10 Bob Griffin of Griffin Engineering presents notes regarding the property. Griffin notes the 11,000 sq. ft. lot has 82 feet of frontage along Cabot St and a narrow driveway opening which will be widened. The garage will be torn down and parking lot will be restructured. A planting bed will be adjacent to the 12- foot-wide sidewalk on Cabot St. Handicap access does not currently exist and will be added. A vinyl fence will be added along the parking lot edge to obstruct some view of the parked cars and granite curbing will be added by the front near Cabot St. Griffin notes the parking matches the units to be planned for the remodel. Fifteen feet of grade change exists by the rear retaining wall and will not allow runoff to flow towards Cabot St. A catch basin at the rear of the property will help bring runoff to the infiltration bed which has been soil tested favorably. Griffin notes the sprinkler system will be added to the building. Basso talks about the landscaping features to be added to the property including trees and drought- resistant native plantings. Additional features noted include a bike rack adjacent to the tandem parking spaces in the rear of the structure as well as the gooseneck lighting, wood guardrails, and pavers. Basso notes sustainability features of the project including neighborhood amenities, stretch energy code, and solar ready roof. Attorney Walsh describes how one of the 7 new units will be designated affordable at 60%AMI. All 7 units will have the same trim features and the unit will be floating depending on occupancy income limit restrictions. Following the presentation, the Planning Board opens for questions from members. Bartley asks Wynne about the rounding math related to the division of units for affordable designation. Wynne clarifies for 6-9 new units that one unit would be designated affordable. Additionally Bartley asks if the 2-bedroom units are planned to be considered designated affordable and Attorney Walsh confirms only the new 1-bedroom units are to be designated as such. Beckwith asks to clarify whether the affordable AMI threshold listed on page 2 of the addendum filed with the application should be 80%or updated to be 60%for consistency. Attorney Walsh clarifies the 80%value was submitted previously per a previous zoning ordinance law and is to be revised to 60%to match the current law. Beckwith asks to clarify the bus stop change proposal. Griffin describes the bus stop is proposed to move 6 feet away from the driveway and will be required to coordinate with the MBTA for the move. Griffin says the update will be doable. Beckwith asks per the Design Review Board feedback if there would be any concerns with having the paved area in the parking lot interfere with the stormwater runoff. Griffin says there would be no concerns regarding runoff and is considered in the calculations with the paved driveway. Flannery asks if there are concerns regarding snow removal on the property. Griffin describes the property will be included in the existing snow removal route if required for storms. Beckwith asks if there is a second egress in the front office space. Basso notes there is only the front entrance and no secondary egress in the drawings. Beckwith asks if the code requires a second egress for the office space. Basso describes a door could be made to connect the retail space with the Planning Board March 07, 2023 Meeting Minutes Page 5 of 10 residential unit front door but was excluded and the only egress/entrance is through the ramped entryway. Chair Hutchinson asks to describe the area beyond the retaining wall. Basso says the area will be planted with Boston Ivy and the existing hill will be cleaned up and pruned of trees. Chair Hutchinson asks about zoning requirements for the setbacks when bordering the RMD. Attorney Walsh describes that the rear of the property which abuts the RMD is subject to the 20-foot rear setback requirement however the side was confirmed to have a 0-foot setback. Chair Hutchinson asks if there was any thought on reconfiguring parking spaces to better utilize available lot area. Attorney Walsh and Griffin note the lot is fairly efficient and the decision for the lot configuration was in part decided due to the grade in the rear of the property. Chair Hutchinson asks if there are any issues with tandem parking spaces. Griffin says the spots are to be assigned to one unit and the coordination makes sense. Also,the spots are all assigned. Chair Hutchinson remarks that the front portion of the building blends well with the historical theme of the neighborhood but the design of the rear portion of the building lacks the historical features seen in the front portion. Basso notes additional sloped roof designs were studied for the structure's rear portion however they were difficult to work into the design due to the building's angles, depth, and height. Hutchinson expresses a lack of favorability for the modern design of the rear portion. Beckwith asks if the color design was intended to pop more or blend in with the neighborhood. The DRB notes no issues with the design and colors. Basso described the contrasting trim of the front portion would pop more and the lighter colors in the rear would help fade the building with the surroundings. The rear portion being setback from the road was a consideration for the design choice. Chair Hutchinson asks to describe the surrounding area of the property. Basso notes the buildings on either side have zero setback. Beckwith remarks favorability for the design especially the front portion. Chair Hutchinson asks if there is anyone from the public wanting to be heard. There are none. Flannery asks if the property owner has received feedback from neighbors. Attorney Walsh indicates the owner met with a neighbor and reviewed the design which ended favorably. No other neighbors expressed concern. Chair Hutchinson asks if anything is waiting on the City's Boards or departments. Wynne notes all boards have reviewed, however, a draft letter provided from the Parking and Traffic Commission has not been signed although is mostly complete. Wynne reads an updated comment from the Beverly Fire Department and the four requirements provided by the Parking and Traffic Commission including the applicant obtains approval and verification from the MBTA to relocate the bus stop, that the residential parking spaces be designated for each unit and the tandem spots are allocated to a 2-bedroom unit, the property owner is responsible for snow removal from the front sidewalk, and the tree replacement in the front will not impede pedestrian access or parking. Chair Hutchinson confirms with Attorney Walsh that the applicant is willing to comply with the requirements. Planning Board March 07, 2023 Meeting Minutes Page 6 of 10 Motion: Sinclair moves to close the public hearing. Beckwith seconds. Motion carries 6-0. Motion: Flannery moves to approve Site Plan Review#161-23— 103 Cabot Street—Cabot Park LLC with the following conditions: The Design Review Board letter dated 2/8/23: 1) On Plan C-2,the Existing elm shall be removed, including trunk and root plate to a depth suitable to allow for a new tree root ball, and all wood chips. The proposed new tree shall be planted at a minimum depth of 28", but 36" is recommended. 2) Remove tree roots of street tree beyond the existing opening in the concrete and reinstate the tree opening at 4'x 6'. 3) Instead of the proposed Snow Goose Cherry tree, select a columnar type of tree that is tolerant of urban conditions, with the City Arborist's approval, such as Green Pillar Pin Oak or Japanese Tree Lilac. 4) On Plan L1.01, screen the trash enclosure with screening that is consistent with the architecture of the building. 5) On Plan L1.01, replacing segment of Northern Sea Oats at end of drive aisle on top of wall (10) with Shenandoah Switchgrass, a salt tolerant ornamental grass. 6) Replace Red Twig Dogwood with Show of Forsythia, Shamrock Inkberry, or Compact Summersweet. 7) On Plan L1.01, use hard pavement as an alternative for the crushed stone step out surface from curbs for reduced maintenance. Parking and Traffic Commission letter dated 3/7/23: 1) That the applicant shall obtain approval and verification from the MBTA to relocate the bus stop, as shown on the referenced plan. 2) That the residential parking spaces on-site shall be designated for each unit and in addition that the two (2) piggyback parking spaces shall be allocated to the two-bedroom unit pursuant to the Beverly Zoning Ordinance. 3) That the property owner is responsible for snow removal from the sidewalk in front of property, pursuant to the rules of the City of Beverly. 4) That the new street tree on Cabot Street, to replace an existing street tree to be removed, shall not impede pedestrian access, parking or site distance. Comments in Central Square permitting system from Eric Barber, City Engineer dated 2/9/23: 1) Stormwater management O&M shall be submitted for review.This plan shall outline ownership and responsible party for annual long-term maintenance and reporting requirements. 2) This project is subject to needing a Construction Oversight Engineer for utility installations. 3) Water demand fees are due prior to building permits. 4) Applicant is reminded that stormwater O&M is due annually to the Engineering Department, by December 31st of every calendar year and commencement of work acknowledges that non-compliance with this requirement is subject to violations and applicable fees/fines. This reporting requirement is also valid for all construction related activities. Flannery amends her motion to also include the standard conditions included by the Board of Health. Planning Board March 07, 2023 Meeting Minutes Page 7 of 10 Beckwith seconds. Motion carries 6-0. Motion: Flannery moves to approve Inclusionary Housing Application#25-23 103 Cabot Street— Cabot Park LLC having one 1-bedroom unit at 60%AMI. Beckwith seconds. Motion carries 6-0. Motion: Flannery moves to reconvene the meeting. Beckwith seconds. Motion carries 6-0. 6. Modification: Special Permit Application#172-19, Site Plan Review Application#140-19, & Inclusionary Housing Application#117-19—134-142-146 Rantoul Street& 1-9 Park Street—Depot Square Phase II, LLC Chris Koeplin— minor modification—went to DRB for several minor changes and 5 things of note during building construction: 1) Feedback from retailers—Retailers want the option to do window or awnings or not. Retailers would get them approved in their respective sign packages. Applicant would like to get the Certificate of Occupancy without them. 2) Exterior lights were not approved by spec,the exterior lights on the building shot light up and down—Spec included in the modification package is for the light to shoot down only and not up. 3) Any signage on the application, on the Casa de Luca building for example, was approved by the Zoning Board of Appeals and the DRB through an alternate track that has already competed and included some leading banners. The Casa de Luca sign is included to be clear and will be on the East and North side of the Casa building. 4) Working with Julie Harrison Bishop with a company called Museumtastic to figure out how to do all of the public art and all of the historic aspects of the site 5) Most of the work has changed in the courtyard. The family of Steve Dodge would like to use arched antique granite stones in his honor and create benches in the courtyard instead of the benches that were proposed. The three bistro tables will remain and there will be one less planter. National Grid will not permit grasses and plantings around the transformer. Beckwith asks if the design was presented to the Board with the awnings. Koeplin responds that they were shown mainly on the renderings. Beckwith asks if there has been any discussions with potential retailers about having the awnings as they break up this part of the building which is the highest and tallest part. Koeplin responds that a potential retailer would have the awnings, they just won't be on the plans in time for the issuance of the Certificate of Occupancy. Sinclair asks about the letter from Design Review Board and if anything stood out. Flannery responds that the DRB preferred the granite slabs to the benches. Flannery also states that the DRB understood that they could not have the greenery around the transformer because of National Grid requirements. Beckwith asks if the DRB vote was unanimous and Flannery responds that it was. Motion: Beckwith makes a motion that the Planning Board deem the modification proposed for Special Permit Application#172-19 and Site Plan Review Application#140-19 at 134- 142-146 and 1-9 Park Street by Depot Square Phase 2 LLC minor in nature. Seconded by Sinclair. Motion carries 6-0. Planning Board March 07, 2023 Meeting Minutes Page 8 of 10 Motion: Beckwith makes a motion that the Planning Board approve the minor modification request proposed for Special Permit Application#172-19 and Site Plan Review Application #140-19 at 134-142-146 and 1-9 Park Street by Depot Square Phase 2 LLC. Seconded by Sinclair. Motion carries 6-0. 7. Preliminary Subdivision Plan Review—100 Rantoul Street—Barnat Beverly. LLC—filed 2/8/2023 Anne Reynolds appears on behalf of the applicant and explains that the Preliminary Subdivision Plan has been filed as a zoning freeze plan. The property is the existing Holmes building and the Depot parking garage. Reynolds explains that the plan is similar to many other zoning freeze plans that have recently appeared before the Board and is a simple two-lot subdivision with the lots having frontage on the proposed subdivision road that complies with the City's subdivision rules and regulations without any waivers. Reynolds points out that the plans show the existing Holmes building and parking garage being demolished, but reiterates that this would not actually happen as this is a zoning freeze plan. Wynne reads a letter into the record from the MBTA who owns the property, but there is a long-term lease with the applicant. Hutchinson asks if the applicant has the authority to offer up this type of plan as the applicant is not the land owner. Reynolds responds that she does not have it front of her but the reason for the letter from MBTA is that they are doing their review which takes time but the Preliminary Plan submission is time sensitive. Hutchinson reads the last sentence of the letter from the MBTA letter and again asks if the applicant has the legal authority to file the Preliminary Subdivision Plan. Reynolds replies that the applicant has ground rights for the existing Holmes building and air rights over the MBTA garage. Reynolds again explains the slow process with MBTA and that the Definitive Plan would not be filed without the sign-off from the MBTA. Hutchinson asks about the Preliminary Plan that was submitted and that the improvements on the plan extend into the MBTA garage where the applicant only has air rights from the MBTA. Reynolds replies that she does not have the lease with her but offers that she can supply the Board with it. Hutchinson asks if this should be continued to the next meeting after getting a determination from the Solicitor if the applicant can file this plan. Hutchinson then explains a zoning freeze plan to the public in the audience. Motion: Beckwith makes a motion that the Board requests an opinion from the City Solicitor if the applicant has the legal authority to even offer this type of a subdivision plan where it extends into the garage and the applicant does not have leasehold interest or ownership interest in that property and that the matter is continued to the next meeting on Wednesday, March 29, 2023. Seconded by Flannery. Motion carries 6-0. 8. Request for Construction Completion Extension to June 6, 2024—Definitive Subdivision Plan— Livingstone Avenue Improvements—7 Porter Terrace LLC Bob Griffin of Griffin Engineering speaking on this matter. The City Engineer had expressed some concern about extending the bond and the Board extended the bond for 3 months to allow time for Planning Board March 07, 2023 Meeting Minutes Page 9 of 10 additional discussions. An outside Engineer reviewed the project and some deficiencies in erosion control were discovered and the applicant is working with the City Engineer to correct them. There will also be time for the City to make inspections of the work as it occurs. The two lots have been sold and building permits are pending. The applicant has posted a bond that runs through June 2024 which gives them enough time to complete the subdivision roadway. Wynne summarizes a letter from City Engineer, Eric Barber, dated March 6, 2023. In summary, the City Engineering department is satisfied with the work that the developer has done and extending the construction completion date accordingly. Motion: Beckwith moves that the Board approves the request for construction completion extension to June 6, 2024 for Definitive Subdivision Plan Livingstone Avenue improvements 7 Porter Terrace, LLC. Seconded by Flannery. Motion carries 6-0. 9. Request for Extension Letter of Credit: OSRD Site Plan#10-17—Hickory Hill Way (f/k/a 20, 30&40 Webster Avenue)—Extend from February 7,2023 to December 7, 2023—Hickory Hill, LLC No one is present to represent this project. Wynne summarizes that back in December the bank was going through some sort of transition and the Letter of Credit could only be extended to February 7, 2023. Motion: Beckwith moves that the Board approves the request for the extension of the Letter of Credit for OSRD Site Plan#10-17—Hickory Hill Way from February Th 2023 to December 71"2023. Seconded by Flannery. Motion carries 6-0. 10. Set Public Hearings—Site Plan Review#162-23—451 Essex Street—Fazio Enterprises, Inc. Motion: Beckwith moves that the Planning Board holds a public hearing on Site Plan Review #162-23—451 Essex Street— Fazio Enterprises, Inc. on March 29, 2023. Seconded by Flannery. Motion carries 6-0. 11. Set Public Hearings—Waiver of Frontage and Definitive Subdivision Plan—9 Kernwood Avenue— Nathan M. Seavey& Monica D. Seavey Motion: Flannery moves that the Planning Board holds a public hearing on Waiver of Frontage and Definitive Subdivision Plan—9 Kernwood Avenue— Nathan M. Seavey& Monica D. Seavey on March 29, 2023. Seconded by Beckwith. Motion carries 6-0. 12. Approval of Minutes a. October 4,2022 b. November 15, 2022 c. December 13, 2022 d. January 18, 2023 e. February 13, 2023 Planning Board March 07,2023 Meeting Minutes Page 10 of 10 Motion: Beckwith moves that the Planning Board approve the October 4, 2022 minutes as amended. Seconded by Flannery. Motion carries 6-0. Motion: Flannery moves that the Planning Board approve the February 13, 2023 minutes as amended. Seconded by Beckwith. Motion carries 6-0. 13. New or Other Business Bartley asks if the Board is down 1 or 2 seats. Wynne confirms that the Board has two open seats. Motion: Flannery moves to adjourn. Beckwith seconds. Meeting adjourned 8:59 pm. Next meeting scheduled on 03/29/23.