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2005-07-05-Joint meeting CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD : Planning Board TOPIC : Joint Public Hearing with the City Council SUBCOMMITTEE: LOCATION : City Council Chambers, third Floor City Hall DATE: July 5, 2005 MEMBERS PRESENT : Vice-Chairperson John Thomson, Ellen Flannery, Charlie Harris, Jason Silva, Joanne Dunn, Eve Geller-Duffy MEMBERS ABSENT : Chairperson Richard Dinkin, Donald Walter OTHERS PRESENT : Leah Zambernardi, Assistant Planning Director; Ward 1 Councilor Patricia Grimes, Ward 5 Councilor Don Martin, Ward 4 Councilor Kevin Hobin, Councilor At Large Tim Flaherty, Councilor At Large Paul Guanci, Ward 1 Councilor Maureen Troubetaris, Ward 3 Councilor John Burke RECORDER: Robin Levesque Joint Public Hearing (cont.): City Council Order #103 – Proposed Zoning Amendment, Brimbal Avenue/Sohier Road- Change Zoning Map from Industrial/Research/Office District (IR) to General Commercial (CG) Council President Paul Guanci and Vice Chairman John Thomson call the concurrent Public Hearings to Order. Attorney Thomas Alexander, 1 School St., Beverly, MA states that the rezoning consists of 6.5 acre parcel at Brimbal and Sohier Roads, and that the Applicant would like to down-zone the area. He states the building would be 35 feet high, and that there would be less traffic at peak hours than the allowed uses such as an office. Alexander states that the former landfill will be capped. Guanci asks the public for its questions and comments. Rosemary Maglio of 30 Pleasant Street asks if the Planning Board has a quorum. Thomson states that there is a quorum present although one is not needed as this is a legislative matter and the Board only has as an advisory role. Beverly Jalbert of 8 Pinewood Ave states she is against the rezoning because there is already too much traffic from the hospital, Music Theater, Rte 128. It will only increase Planning Board Meeting Minutes Ju;y 5, 2005 Page 2 from this project. She states we don’t need another strip-mall and that all the people in the area are against it. Sara Barnum of 57 Brimbal Ave states she agrees with the traffic concerns. If it was an office park, there would be less traffic on the weekend. She also has concerns over lighting and trash. There is also increased traffic there from the Hannah School and the High School. Walter Doane of 204 Brimbal Ave states he has lived there since 1951. Now there’s a lot of traffic and only one sidewalk. He states that it sometimes talks five minutes to cross the street. He states that the landfill never had vents to drain the gases. Doane states there is a speeding problem that’s very dangerous. He states there is also a drainage problem and that the increased hot top would add to the drainage problems. He states the Ipswich River is endangered and needs to be protected. Every time you build a place like this, the problems increase. He states he votes No. A resident of Northridge states he is not in favor of a strip mall because it increases traffic. Michael Rieker of 14 Brimbal Hill Drive states there has been two accidents since they have lived there. The strip mall would add more traffic. Craig George of 68 Brimbal Avenue states he has lived there since 1982. He has seen an increase of traffic since then. The developers are not proposing to change the traffic. He states it takes 15 to 20 minutes to get out of his driveway. He states the residents are fed up. There are also drainage problems and continued flooding occurs in the backyard. D. Woodbury, resident of Northridge and president of it's board states that one of our buildings (K building) that was built under the Chapter 40B permit is about 12 inches from the property line of the developer's land. He states it's in their best interest to work with the CEA Group. They made agreements with the group to protect the K building. They agreed with them that there would be a right turn only from the new development onto Sohier Road. He now realizes this would put a huge traffic burden on Brimbal Avenue and he now feels we were wrong to advocate for that. He states he personally is not in favor of a strip mall. He personally votes no, but the board had to protect its shareholders and Northridge. Speaking for the board they have to work with the developer to protect the interest of K building. Thomson asks about the right turn only. Woodbury states there are a lot of accidents in that area and Northridge thought a right turn only restriction would better protect them. Joan Murphy of 30 Longmeadow Rd. states it’s zoned that way for a reason. They haven’t presented enough pluses for the City to want to rezone this parcel. She thinks the office use is better. The traffic would be much improved with office buildings, and they don’t come at the same time or leave at the same time as the music theater. She states she 2 Planning Board Meeting Minutes Ju;y 5, 2005 Page 3 feels offices or medical buildings there would be less traffic and a greater benefit to the City. Catherine Burack of 6 Brimbal Hill Drive states that the case for K Building is an important one and CEA should hold to the considerations for K building whether it’s a strip mall or not. She also makes the point that during the community's Master Plan hearings, she recalls the discussion and conclusion that Beverly doesn't need more strip malls. She urges the Council not to lose that. Diane White-Cerda of Northridge states that there are residences mixed in with 2 gas stations, 2 schools, the Victori Rocci Post, Cycles 128, Windsor Court, Beverly Hospital, the Music Theater and office buildings. She states it is hard to get around in that area. She states she is against the strip mall for that reason. She also notes that little creatures would be displaced causing a rodent problem and the existing trees that would be taken down help the environment. Ronald Johnson of 172 Brimbal Avenue states Beverly doesn’t need another strip mall. He states that he is against any building at that sight because it was a landfill. Pamela Kampersal of 241 Dodge Street states she opposes the re-zoning. North Beverly has been hard hit by development. Residents on Brimbal Ave get all the overflow traffic. She compares the development to the Commodore Plaza. She states that former zone changes have allowed part of the aquifer to be destroyed. She states that we have to look forward to the longterm consequences and take responsibility for them. She states there is a drainage problem out there. She states that rezoning in a piecemeal fashion causes traffic, noise, pollution and safety problems. Romney's Smart Growth Plan is against more sprawl. There is a proposed overpass that still needs work and will affect traffic patters. She asks the City to deny this proposal. Flaherty motions to recess the public hearing of the City Council until 8:20 p.m. Seconded by Hobin. All in favor. Motion carries. Flannery motions to recess the Planning Board's public hearing until 8:20 p.m. Seconded by Geller-Duffy. All members in favor. Motion carries. The public hearings are reconvened at 8:20 p.m. John Lozada of 212 Brimbal Ave. states he has lived there since 1993. There have been many changes around the area. He is opposed to a strip mall in the neighborhood. There are already high traffic speeds. People have been struck by cars on Brimbal Avenue and he is concerned about the impact of this development. He is opposed to the development. Rosemary Maglio of 30 Pleasant St. states she opposes the re-zoning of the parcel. She doesn’t agree with Tom Alexander that this is a down zoning. She reads from the Zoning Ordinance. She states with a CG zone you can allow hotels, motels and restaurants. She compares the CG zone to the IR zone and states her opinion that the City has more 3 Planning Board Meeting Minutes Ju;y 5, 2005 Page 4 protection with the IR zone. She states there have been problems at the Commodore Plaza. She states that CG zoning for this parcel is not in the neighborhood's best interest. Maglio displays a map showing nearby shopping centers. She states you can already reach a shopping mall on Dodge St. from Rte. 128. She states this is a nice residential area and that the City doesn't need another strip mall. Ellen Hutchinson of 4 Concord Terrace states people are looking at it this project in isolation. She states her opinion that the zoning change to CG would decrease traffic. She questions whether drainage would be any better with an IR use at the site. She reminds everyone that Northridge voted to support this proposal because they decided a strip mall is more preferable than an IR use. She states that this property has been vacant for decades. She states that we have a Developer that would make the property work and clean it up. Renee Mary of 274 Hale St states the woman from the Catholic Church said isolation. The City has to look at it as a totality. Chris Randall of 14 Brimbal Hill Drive states that traffic is always tied up in the area. The developers said they have done a traffic study. Seeing how it is out there, he has lost trust in a traffic analysis. Kampersal asks the Council and the Planning Board to listen to what the public has been saying. She asks the City to stop zoning piece by piece. She asks them to look at the longterm consequences. She asks for suggestions on how to make the Planning Board and Councilors hear us. Father Barnes of 253 Cabot Street states he is a friend of the City of Beverly and that he represents a lot of people who support this project. Robert Carrarini of 24 Albany Circle states I can’t tell you whether a strip mall or office building is best. He thinks nothing should be done there until the interchange project is done. Walter Doane of 204 Brimbal Ave. states that no one invests money unless they intend to make a profit. Catherine Burack of 6 Brimbal Hill Drive states she wants to address Father Barnes comments and to clarify her statements. She states that not one person here opposes the sale of the property to benefit the Church. She states that all that needs to be done to clean up and sell the property can be done under the existing IR zoning. Rosemary Maglio of 30 Pleasant St. states that if the zoning remains IR, the property can still be sold and they can still generate revenue. Alexander addresses the point about the setbacks and states they would agree to maintain the setbacks of the IR zoning if they were granted the zone change. He gives the 4 Planning Board Meeting Minutes Ju;y 5, 2005 Page 5 example of rezoning the Stop and Shop property across from the Cummings Center. He states there was a lot of opposition and the City Council voted in favor. It went to referendum and the people voted in favor of it. He states 10 years ago the Stop & Shop, the United Shoe, a lot of opposition to that. People voted on re-zoning, it was 2-1, I respect you would be giving us time to vote on it. Guanci closes Council's public hearing. The Planning Board votes to recess to their special meeting. Planning Board members open the special meeting. Thomson states that the Planning Board's public hearing on the Brimbal Avenue rezoning matter is still open. He asks members whether they want to close the public hearing or not. Geller-Duffy states she has more questions for the applicant. She asks what they intend by a "strip mall". Alexander states it is high-end retail that is attractive. Geller-Duffy asks why they want to do this type of development. Alexander states that use is what the market will allow right now. He states the market is not good for office use. He points out that the Cummings Center has a vacancy rate and that the economics for an office use just won't work here. Geller-Duffy asks how the public can be assured that this is the development you'll do if you get your zone change. Alexander states they have agreed to site plan review by the Planning Board. Harris asks what there is to prevent industrial growth from creeping up. Alexander states this is industrial area. He speaks of other rezoning projects in the City, including Stop & Shop, the Cummings Center, and the old Edwards School. Harris asks what is there to prevent industrial growth. Alexander states residential property hasn’t been rezoned for industrial. Zambernardi questions the agreement the developer made with Northridge to restrict traffic turning onto Sohier Road. She notes that traffic circulation is within the Planning Board's jurisdiction under site plan review. She asks how this agreement fits in with the Planning Board's review. Alexander states they will present this scheme to the Planning Board in site plan review. Flannery asks whether Northridge is aware that this may be changed during the Planning Board's review. Alexander states that he assumes so. Dunn asks what the allowed uses are in the IR zone. Zambernardi reads the allowed uses from the Zoning Ordinance. Thomson asks if there are any other questions and what the Board's preference is for continuing the public hearing. 5 Planning Board Meeting Minutes Ju;y 5, 2005 Page 6 Harris motions to continue the Public Hearing to July 19, 2005 at 9:30 p.m. Seconded by Geller-Duffy. All members are in favor. Motion carries. Silva motions to adjourn. Seconded by Geller-Duffy. All members are in favor. Motion carries. The meeting Adjourns at 9:15 p.m. 6