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2006-12-19 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: Planning Board MEMBERS ABSENT: OTHERS PRESENT: RECORDER: December 19, 2006 City Council Chambers, Beverly City Hall Acting Chair John Thomson, Ellen Flannery, Don Walter, Charles Harris, David Mack, Joanne Dunn Eve Geller-Duffy, Richard Dinkin Planning Director Tina Cassidy Andrea Bray Acting Chairperson Thomson calls the meeting to order. Flannery: Motion to recess for public hearing, seconded by Walter. All members are in favor, none in opposition. The Chair is in favor. The motion passes 6-0. 1. Public Hearim!:: Special Permit Application #113-06: 319-325 Cabot Street (formerly Mayflower Motel). Multi family Dwellim!: in which residential use comprises between 76% and 100% of the floor area of the buildim!:s and 2. Site Plan Application #87-06: 319-325 Cabot Street (formerly Mayflower Motel). Buildim!: Construction. Gradim!:. Draina2e and Landscapin2. Cassidy reads the public hearing notice. Cassidy states that the Beverly Affordable Housing Coalition (BARC) recently acquired the former Mayflower Motel, and wishes to convert the property to single-resident- occupancy affordable housing. She explains that a special permit is needed because the residential use of the building will comprise more that 75% of the total floor area of the building (in fact 100%), and that site plan review is needed because the structure will house more than ten residents. Acting Chair Thomson states that Chairperson Dinkin is recovering from knee surgery and is not attending tonight. He also states that he has provided legal representation for the applicant in the past but feels that he can chair this hearing and make an unbiased decision in this situation. He then invites anyone who disagrees with his opinion to speak to him. Planning Board Minutes December 19, 2006 Page 2 of 10 Cassidy reads a letter from Board member Ellen Flannery stating her preVIOUS involvement with the BAHC. Philip Posner, an Attorney representing the BAHC opens the presentation by introducing himself and stating the organization's intentions for this property. He introduces other people representing the BAHC including: . Don Preston, President, BAHC, Inc. . Joseph Luna, AlA, Principal, Luna Design Group . James Thornhill, AlA, Project Architect, Luna Design Group . Richard Doherty, P.E., Senior Project Engineer, Hancock Associates Thomson asks Posner what happened at the ZBA meeting last night. Posner states that the ZBA granted all of the applicant's requested variances which include: a) the minimum number of off-street, on-site parking spaces required by zoning (48 would be required; 31 would be provided); b) the minimum dimensions for the parking spaces (18' by 9' spaces are required; all proposed spaces would be 18' by 8'); c) the minimum aisle width for two-way traffic aisles (24' minimum required; 17' aisle width would be provided for one of the three proposed traffic aisles on the site while the other two would conform to the minimum 24' width); d) the maximum building height (maximum allowed is 35'; new building would be 38'; and e) the minimum lot area per dwelling unit (requirement is 1,000 sq. ft. ofland area for every unit; 687 sq. ft. ofland area for every unit would be provided). Posner states that they are here tonight for a special permit application and a site plan approval. He introduces Richard Doherty, a Design Engineer for Hancock Associates who is here to explain the plans for the property. Doherty describes the current drainage issues with the site. He states that the BAHC is proposing to remove the Mayflower Hotel and replace it with an "L" shaped building. Doherty adds that the retaining wall will either be repaired or replaced, and that the site will improve from its current situation of having 98% impervious surfaces to 70% impervious surfaces. He describes the new drainage system and storm water treatment system to be installed. Doherty states that the BAHC plans call for a total of 43 units, with the number of parking spaces being reduced to 31, and the size of the spaces being reduced to 18' by 8'. He adds that the width of one of the lanes will also be reduced, and the lot area per unit Planning Board Minutes December 19, 2006 Page 3 of 10 was reduced from 1,000 s.f. to 687 s.f.. He summarized the plans for lighting on the site noting by using a new type of light they will not impact the neighbors. Doherty states that the group has had five meetings with the neighbors and that this plan is a compromise and is a beautification of the existing property. Doherty introduces Joseph Luna, AlA, and Principal for the Luna Design Group who describes the architectural features of the structure. Harris asks what changes will be made to the existing dwellings on the right. Luna states that the basic fa<;ade will remain intact, but some design elements will be enhanced. He adds that they are developing all buildings on this site as an entire structure, so paint colors, and other design options will be consistent for the whole site. Harris asks if those buildings will be refaced. Luna states that they will not be "refaced" but "redetailed", noting that those buildings will have some aesthetic upgrades such as better column detail and better balustrades. Flannery asks when the second building was refaced. James Thornhill of Luna Designs, assistant to Joseph Luna and Project Architect for this site explains that the second building was ref aced about five years ago. Cassidy asks for further explanation about changes being made to the back corner of the lot. Doherty explains that the existing wall will stay and some additional trees will be added. Walter asks who will manage this project after completion. Donald Preston is the President of the Beverly Affordable Housing Coalition (BAHC) and resides at 3 Picket Street. He states that the BAHC will manage the property after completion. Luna explains that they have had much experience with affordable housing projects and states that this is a long term investment. He assures the Board that this property will not just be built and then forgotten. Thomson asks what type of restrictions will be placed on the property. Luna states that a deed restriction will be place on the property regarding affordability. Planning Board Minutes December 19, 2006 Page 4 of 10 Posner adds that a sample of the type of deed restriction on the property has been enclosed in the packet for the Board, along with a sample occupancy agreement. Doherty states that there is dedicated snow storage on the site and any additional snow would be removed. He adds that the finished height of the building will be 42'7". Dunn asks if these are I-Bedroom units. Luna states that these are not I-Bedroom units but efficiency studio apartments, and each unit has its own bathroom. He adds that there is currently a behavior problem at this property and this project can at least influence the behavior of the residents by having an interior community room, one dedicated point of entry, a reception area, and an office. Luna states that the current building is an old, tired building, and the new building will look much better. Harris inquires about the rental rate and the lease terms. Preston states that monthly rent will be $600 - $800, and that residents will be on a I-year lease. He adds that currently the residents are paying weekly and with cash. Luna adds that applicants will be subject to a higher, more stringent screening process for criminal and COR! checks than is currently in use for the property. Preston states that this is work force housing and it is desperately needed. Harris inquires as to the specific security concerns that have been addressed. Preston explains that BAHC grew out of the YMCA and found a dramatic need for affordable housing, and the organization was attracted to this project because of the desperate situation that existed. He adds that through COR! checks (criminal background checks) and income verification checks, the BAHC can carefully screen all potential tenants. Preston states that the on-site manager during the day will take note of resident activities, and that it is the goal of the BAHC to bring the community and the tenants together. Dan Mitchell of 5 Seward Avenue is a Board member of the BAHC and states that the BAHC is a nonprofit organization and is more accessible and accountable to the community than other developers. He adds that potential tenants will get credit checks and criminal background checks. Mitchell states that the ZBA has insisted that the BAHC make available an emergency number for the neighbors to all if they are concerned about a safety issue. He explains that if security issues arise with a tenant, a BAHC official will meet with the resident and put him on notice or evict him if necessary. Planning Board Minutes December 19, 2006 Page 5 of 10 Mack asks why the density in being increased on the property. Luna states that they need the density to make this project work because they are buying high and selling low. Walter asks what will happen to the 34 people currently living there. Preston states that about half of the residents will be qualified to stay and the BAHC will work to relocate the others. Walter asks what happens to the occupants during construction. Preston states that a relocation specialist will find housing for all residents during construction. He adds that the deed restriction will assure the City of Beverly that this property will always be used for affordable housing. Thomson asks for some clarification about the drainage. Where does it go? Doherty states that it goes into the City's existing system. Thomson asks if there will be no runoff. Doherty states that there will be no depreciable runoff. Luna highlights the ways that this will benefit the city. He describes this eXIstmg property in its current configuration as being a missing tooth along Cabot Street, noting that it will soon be an attractive structure, and will positively influence the behavior of the residents. He states that the building will be clad in cement fiberboard clapboards which is expected to last longer and require less maintenance than vinyl. Luna adds that the group is considering the use of green components in the structure, while stating that cost will be a component of that decision. Dunn asks what occupants are now in the two structures on the right of the site. Thornhill states that the front structure has an accountant's office and a nail salon, and the rear structure has two I-bedroom units. Dan Mitchell states that occupants of these units will pay less rent. Harris asks for clarification on the rent. Mitchell states that planned rents for 37 of the units will be $625 and for 6 units will be $375. Planning Board Minutes December 19, 2006 Page 6 of 10 Cassidy reads the following letters concerning the project. 1. City Engineer dated December 19, 2006 2. Fire Department dated December 5,2006 3. Beverly Conservation Commission, Amy Maxner, dated December 5,2006 4. Police Department, Chris Negroti, dated December 18,2006. 5. Board of Health, William Burke, dated December 15, 2006. 6. Design Review Board, Colleen Bruce, dated December 14, 2006 7. Parking and Traffic Commission, Tina Cassidy, date December 14, 2006 8. ADA Coordinator, dated December 18, 2006 9. Jason Silva of 56 Dane Street, letter of support Thomson asks Posner to review the contents of the packages which were distributed to the Board members. Posner explains the following items in the folder: 1. The cover which contains the bulleted description of the items contained. 2. A document describing the need for affordable housing in the City and the strategies that the BAHC will take to ensure a high level of security on the property. 3. A parking survey of other affordable housing projects demonstrating that the Cabot Street project will provide adequate parking. 4. A copy of a sample lease agreement noting the specific language regarding the single-resident-occupancy restriction. 5. A list of the Board of Directors on the BAHC. 6. A list of the meetings held with the neighbors. Harris states that he is in favor of this project. He asks how easy it will be to enforce the SRO arrangement in this tenant-friendly state. Posner agrees that it may be possible for a Judge to extend the time for a breaching tenant but assures the members that there is a rigorous process to select the people who will move into the project. Thomson asks the Board if there are any other questions. There are none. He then asks the public if they have any clarifying question. There are none. He then asks the public if anyone wishes to speak in favor of the project. No one speaks. Thomson then asks the public if anyone wishes to speak against the project. Richard Ardette who owns rental units on Cabot Street states that he has parking issues now. He explains that vehicles have been parked in the driveways of his properties in the past and he has to pay for the towing. He expresses concern for the reduction of parking Planning Board Minutes December 19, 2006 Page 7 of 10 spaces and asks if he can call the BAHC emergency number and if the BAHC will pay for the tow in the future. Thomson advises Ardette that the parking space variance is not an issue before this Board. It was approved by the ZBA last night. Karl Hering of 18 Pierce Avenue expresses concern about the security on the property, noting that currently there is occasional drinking in the parking lot. He adds that he is dissatisfied with the actions that the BAHC has taken in the past when he has voiced a complaint and he would like to see a night manager on the site. Thomson closes the public hearing and reconvenes the regular meeting. 3. Special Permit Application #113-06: 319 Cabot Street (formerly Mayflower Motel). Multi family dwellin2 in which residential use comprises between 76% to 100% of the floor area of buildin2s and 4. Site Plan Application #87-06: 319 - 325 Cabot Street (formerly Mayflower Motel). Buildin2 Construction. Gradin2. Draina2e and Landscapin2 Cassidy states that the Board must vote on the special permit for 100% residential use, and on the site plan. Thomson asks the Board for comments. Harris: Motion to approve the site plan and the special permit #113-06. Thomson asks whether Harris wishes to add any findings for compliance and if Harris finds that the parking is adequate. Harris says that he finds the parking to be adequate. Thomson asks Cassidy to read the findings for special permits. Cassidy reads all of the findings. Harris moves to amend the motion to include these findings read by Cassidy. The motion is seconded by Mack. Thomson says he believes that there is justification for this project and that he is in favor of it. Then he takes the vote. Planning Board Minutes December 19, 2006 Page 8 of 10 All members are in favor, none in opposition. The Chair votes in favor. The motion passes 6-0. 5. Con2ress Street Preliminary Plan #2: 10 - 12 Con2ress Street (former Ventron Site) - Beverly Office Development LLC Cassidy reads a letter from Tom Alexander dated December 19, 2006. She states that this is for the Ventron Site and that this plan has been filed to freeze the zoning for this property. She adds that the applicant has requested an extension of time for final action by the Board on the preliminary plan through at least March 1, 2007. Thomson explains that an applicant can freeze zoning for up to 7 years by filing a site plan and then a subsequent subdivision plan. He states that this is a common tactic used by developers to buy time. Cassidy states that the applicant will require a special permit for the planned floor area ratio. Walter: Motion to extend the Board's decision deadline to March 1, 2007, seconded by Flannery. All members are in favor, none in opposition. The Chair votes in favor. The motion passes 6-0. 6. Thompson Farm Way: Performance Bond Reduction Cassidy states that the applicant has requested to reduce amount of the bond from $308,000 down to $121,325, and that the Engineering Department has recommended that the bond be reduced per the applicant's request. Thomson asks if there have been any problems with this project. Cassidy says that, to her knowledge, there have been no problems. Walter: Motion to approve the bond reduction to $121,325, seconded by Mack. All members are in favor, none in opposition. The Chair votes in favor. The motion passes 6-0. 7. Set Concurrent Public Hearin2s: Site Plan #80-04 Modification #1 and Special Permit #109-04 Modification #1: Depot Crossin2 (formerly Pisani's and Pleasant Court Apartments) . 116 - 128 Rantoul Street - Windover Development Cassidy states that there are a number of instances where the construction of this property does not match the approved plan. She notes that they moved the sidewalk to the other side of the street because one side of the street is too steep to meet the ADA standard. Planning Board Minutes December 19, 2006 Page 9 of 10 Cassidy adds that there are also elements of the fa<;ade of the building that do not meet the plans of the Design Review Board. Cassidy states that concurrent public hearings must be scheduled and she suggests January 16. She also asks the Board if they will meet with the Inclusionary Zoning consultant on the 16th or plan a special meeting. The Board discusses the possible date and time for the hearings. Walter: Motion to schedule concurrent public hearings for Site Plan #80-04 modification #1 and Special Permit #109-04 modification #1 for January 16,2007 at 9:00 p.m., seconded by Flannery. All members are in favor, none in opposition. The Chair votes in favor. The motion passes 6-0. 8. Subdivision Approval Not ReQuired (SANR ). 195 Common Lane - Birch Knoll Realty Tr./Joan Ritter Tr. Cassidy reminds the members that the ANR was rejected at the last meeting because the plan didn't show the structures on the property. She distributes new copies of the plan which show the location of the structures on the site. Mack: Motion to endorse the plan, seconded by Walter. All members are in favor, none in opposition. The Chair votes in favor. The motion passes 6-0. 9. Subdivision Approval Not ReQuired (SANR). 15 Paine Avenue. Louis Laz (endorsed 7/23/05) Eamon Fennessy of 11 Paine Avenue addresses the Board about the subdivision plan for this site, which abuts his property. He states that in 2004 the owner of 15 Paine Avenue, Caleb Loring and his wife, gave Mr. Fennessy a 100-year restrictive covenant on the 15 Paine Avenue property to prohibit construction on a corner of the property. He adds that there is a large section of wetlands on this property and describes it as a pork chop lot. Fennessy states that this lot is now up for sale and shows the Board the plan and describes the lot that was created. He expresses his objection to any development on the part of this property, which contains a restrictive covenant. Much discussion ensues regarding the created lot. Thomson explains the reason for the Board's previous decision to approve the SANR lot. He suggests some actions that Mr. Fennessy could take to prohibit a building permit for this property. Planning Board Minutes December 19, 2006 Page 10 of 10 Cassidy advises Mr. Fennessy that if he gives her a letter, she will hold it in a file for 15 Paine Avenue and will remember to call attention to his letter if any building permit applications are received for this site. Fennessy thanks the Board members for their time and steps down. 10. Approval of Minutes: Special Meetin2. November 6. 2006 and Re2ular Meetin2. November 21.2006 Thomson asks for any comments or amendments. There are none. Harris: Motion to approve the minutes, seconded by Dunn. All members are in favor, none in opposition. The Chair votes in favor. The motion passes 6-0. 11. Januarv and Februarv Meetin2s Cassidy advises the group that the next Board meeting on January 16, 2007, will be held at the Senior Center, and the following meeting on February 20, 2007 will be held at the Barnet Gallery in the Beverly Library. She adds that a time must be set to meet with Judi Barrett of Community Opportunities Group. Mack: Motion to adjourn, seconded by Walter. All members are in favor, none in opposition. The Chair votes in favor. The motion passes 6-0. The meeting is adjourned at 9:45 p.m.