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2005-03-15 City of Beverly, Massachusetts Public Meeting Minutes BOARD: Planning Board Special Meeting SUBCOMMITTEE: DATE: March 15, 2005 PLACE: 3rd Floor Council Chambers, Beverly City Hall BOARD MEMBERS PRESENT: Chairperson, Richard Dinkin; Vice Chairman, John Thomson; Ellen Flannery; Eve Geller-Duffy; Don Walter; Jason Silva; Joanne Dunn (arrives at 8:30 p.m.) OTHERS PRESENT: Leah Zambernardi RECORDER: Leah Zambernardi The meeting is called to order. Thomson: Motion to recess and reconvene for scheduled public hearings. Seconded by Geller-Duffy. All in favor. Motion carries. Public Hearing: Chapman Corner Estates Definitive Subdivision Plan. 2 Boyles Street. Manor Homes at Whitehall LLC/ David Carnevale, Manager Attorney Thomas Alexander states he would like to continue this petition because he does not want to have two plans for the same property being reviewed simultaneously by the Board. Thomson: Motion to continue this public hearing to the April 20, 2005 meeting at 8:30 p.m. and to accept a waiver of time of which the Board can make a decision on the plan to June 30, 2005. Flannery seconds the motion. All members in favor. Motion carries. Dinkin calls the regular meeting of the Planning Board to order. Review of McKay Street Access for Cummings Center Garage. Beverly Commerce Park, Inc./ Gerard McSweeney Mr. Gerard McSweeney provides an overview of the site plan for a 3-story hotel approved by the Board over one year ago. He states that the Board approved an access drive from the parking garage onto McKay Street with the condition that turns going into and going out of the garage are restricted to right turn only. He states the Board also made a condition that he come back to the Board one year from then for a review of the impacts of this access drive. He respectfully requests that the Board allow them to continue using the access drive and to lift the turning restrictions. He states that a traffic study has been done recommending that the turning restrictions be lifted. Beverly Planning Board (Special Meeting) - Minutes March 15, 2005 Page 2 Dinkin states that if the Board votes favorably, Mr. McSweeney will have to reconfigure the entrance and exit. Walter states that after the hotel is finished is when a traffic study should be done, not now when there are no buildings at that location. He states the Board should wait to look at whether the access drive should be reconfigured until well after the hotel is opened. McSweeney responds that a traffic study was just done and it did project an increase in use. Thomson states he is open to the access drive being changed. He states his opinion that the Board should allow them to lift the turning restrictions but that they should come back again upon completion of the hotel for another assessment by the Board. Thomson: Motion to allow the applicant to change the configuration of the drive to remove the existing turning restrictions with the Board retaining jurisdiction to review the impact of the access/egress drive one year after completion of the 6-story hotel, whether or not the applicant in fact implements the removal of turning restrictions. Members also required that the applicant come back to the Board for a modification of the Site Plan to revise the plans prior to implementation. Seconded by Geller- Duffy. Discussion on the motion: Walter reiterates that the drive should be left the way it is and look at it after the hotel is built. Motion carries 5- 1. (Dinkin, Thomson, Silva, Walter and Geller-Duffy in favor) (Walter opposed). Discussion/Decision: Site Plan Review #84-04. 6-Story Hotel. 950 Cummings Center Drive/ 201 Elliott Street. Beverly Commerce Park, Inc./ Gerard McSweeney Dinkin asks Mr. McSweeney what he would prefer to do tonight in light of the Board's decision on the access drive. McSweeney states he would like to move forward with the site plan review tonight and to pursue a modification for the driveway in the future. Thomson: Motion to approve Site Plan #84-04 contingent upon the applicant complying with all comments submitted by City Department heads and boards and commissions for the record. Seconded by Flannery. All in favor. Motion carries. Discussion/Decision: Whitehall Hill Circle Definitive "Cluster" Subdivision Plan. 2 Boyles Street. David Carnevale, Manager, Manor Homes at Whitehall, LLC and Matthew Kavanagh and Beverly Planning Board (Special Meeting) - Minutes March 15, 2005 Page 3 Request for Modification to Special Permit #85-96 - Request for the removal of Conditions #1 and #3 of Special Permit for two pork-chop lots at 30 Boyles Street dated 2/23/96. David Carnevale, Manager, Manor Homes at Whitehall LLC and Matthew Kavanagh Dinkin states that the public hearing was closed on these petitions at the last meeting. He states that there has been a request for supplemental drainage calculations to a letter written by Robert Griffin on January 31, 2005. He states that submitting this raw data into the record after the public hearing has been closed may not be legal. He states that City Solicitor Roy Gelineau has advised the Board not to request Griffin's raw data unless we re-open the public hearing. Thomson asks what the Board would accomplish having received the raw data. Dinkin states the data would verify that the calculations done by Griffin were done correctly. Dinkin states we would allow City Engineer Frank Killilea and the City's drainage consultant, CDM analyze the data and the public could do that as well. Dinkin asks if the data is ready. Griffin responds that it is ready. Alexander states he could supply the data to everyone within the next week. Thomson states his opinion that the Board does need this data to determine the propriety of the calculations. He states that for him to vote on this petition, he needs to know what the City's expert has to say about the data. Thomson: Motion to re-open the public hearing on the Whitehall Hill "Cluster: Subdivision on April 20, 2005 at 8:45 p.m. Seconded by Silva. All in favor. Motion carries. Review of Proposed Uses for Building 1 (Commercial Building) at Cabot Crossing/ 495 Cabot Street in accordance with Site Plan Review #67-01. Salem Five Bank and Town & Country Homes of New England, Inc. a. Salem Five Bank Attorney Phil Wysor from Glovsky & Glovsky states that Salem Five Bank would like permission to operate a branch bank on the first floor, rear of Building 1 at 495 Cabot Street. He introduces representatives of Salem Five Bank, Town & Country Homes, Inc. and the architect for the project, Bob Loverud. He states he is before the Board in accordance with a condition of the site plan approval for this location. He states the bank would be approximately 11,000 s.f. and there would be 4 tellers inside. He states there will be a request for a drive through at a later time. He states he expects a total of 7 employees and the hours of operation would be Monday and Tuesday: 7-5, Wednesday through Friday: 7-7, Saturday: 8-1, and Sunday: 11-2. He states there are 5 parking spaces designed for the bank's use. Beverly Planning Board (Special Meeting) - Minutes March 15, 2005 Page 4 Thomson states the Board needs confirmation that the number of parking spaces allotted for this use approved in the site plan stage is provided and does not take away from other parking designated for other uses on the site. Dinkin states that the parking calculations should be done on retail use for this use because the intensity of usage for a branch bank is similar. He states the Board needs to be sure how many spaces are assigned to each use. Bob Loverud, architect states that the use requires 7 or 8 spaces. Thomson asks about security risk for customers for the drive through. Wysor states that it will be well-lit, well-marked and hidden from view. He states the ATM and teller drive throughs are essential to this use. Geller-Duffy asks whether the front end of the building is being used. Wysor states another business will go there. Wysor notes that there will be 7 employees but that they all will not be there all the time. Dinkin states he has no issue with the bank use but he has an insurmountable problem with a drive through at this location. He states what the Board must determine now is whether a bank is an appropriate use for this location. Silva: Motion to approve a bank use for the rear part of Building 1. Seconded by Walter. All in favor. Motion carries. b. U First Day Spa Phil Wysor, representing U First Day Spa states that with this use, they are avoiding a high intensity use that generates allot of traffic. The Board discusses which use category a day spa falls within. Thomson: Motion to grant approval of this use for part of the second story of Building 1. The Board finds the spa use falls into the use category of "personal services" and that this use has the same intensity or less as "professional offices". Seconded by Dunn. All in favor. Motion carries. Set Public Hearing: Modification #2 to Site Plan Review #67-01 - Request for drive up teller and drive up ATM at Building 1 (Commercial Building). Cabot Crossing/495 Cabot Street. Salem Five Bank and Town & Country Homes of New England, Inc. Flannery: Motion to set a public hearing for modification #2 to Site Plan Review #67-01 for April 20, 2005 at 9:45 p.m. Seconded by Walter. All in favor. Motion carries. Beverly Planning Board (Special Meeting) - Minutes March 15, 2005 Page 5 Bass River Estates Subdivision (Folger Avenue Extension) - Acceptance of Performance Bond (Form G Covenant), Developer Disclosure Agreement (Form W) and Signatures on Plan. Dana Chase and John Lanzikos for John & Angeline Tanzella DFP Trust. Thomson: Motion to accept the Form G Covenant and Developer's Disclosure Agreement and to sign the plans at the end of the meeting. Seconded by Flannery. Discussion on the motion: Zambernardi states that the Board has received a deed for the open space however the language regarding what the land is to be used for is fairly vague. Thomson states that the Board will require that a deed granting the open space parcels to the City of Beverly is provided immediately following the sale of the property, reflecting the new property owner and date of transfer. The Board also requires that the deed includes language indicating that the land is "for conservation purposes including public access". The Board also instructs the Building Inspector to withhold any and all building permits and/or certificates of occupancy until such deed is received and recorded. All members are in favor of the motion with the added language. Motion carries. City of Beverly Affordable Housing Plan - Planning Board Review, Comment and Adoption Zambernardi states that this plan is a supplement to the housing section of the Master Plan. Thomson: Motion to adopt the City of Beverly Affordable Housing Plan. Seconded by Dunn. All members are in favor. Motion carries. Election of 2005 Officers Dinkin asks for nominations for the position of Chairman for 2005. Flannery nominates Richard Dinkin for the position of Chairman for 2005. Dinkin asks for any other nominations. There are none. Flannery: Motion to elect Richard Dinkin as Chairman of the Planning Board for 2005. Seconded by Geller-Duffy. All members in favor. Motion carries. Dinkin steps down from the chair and Flannery assumes the position of Chair. Flannery requests nominations for the position of Vice Chairman. Dinkin nominates John Thomson. There are no other nominations. Beverly Planning Board (Special Meeting) - Minutes March 15, 2005 Page 6 Dinkin: Motion to nominate and elect John Thomson as Vice Chairman of the Planning Board for 2005. Seconded by Geller-Duffy. All members in favor. Motion carries. Subdivision Approval Not Required Plans (SANR's) a. 112 Sohier Road - North Shore Education Consortium Zambernardi states this is an ANR plan that has been endorsed by the Board before. She states that there are only minor changes made at the request of the Land Court. Flannery: Motion to endorse the plan as a SANR. Seconded by Dunn. All in favor. Motion carries. New/Other Business a. Discussion of Planning Board member serving as Ex-Officio member of Economic and Community Development Council. Zambernardi states that members received a letter from Planning Director Tina Cassidy requesting that a member of the Planning Board volunteer to serve as an Ex-Officio member of the Economic and Community Development Council. Silva volunteers. There are no other volunteers. Members agree that Silva will be the Planning Board representative. Adjournment Walter moves to adjourn seconded by Silva. All members are in favor. Motion carries.