Loading...
2007-02-20 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: Planning Board, Regular Meeting OTHERS PRESENT: February 20, 2007 Beverly Public Library, Barnet Gallery Acting Chairperson John Thomson, Don Walter, David Mack, Joanne Dunn, Ellen Flannery Richard Dinkin, Eve Geller-Duffy, Charles Harris Assistant Planning Director Leah Zambernardi Andrea Bray MEMBERS ABSENT: RECORDER: Acting Chairperson Thomson calls the meeting to order. Walter: Motion to recess for public hearing, seconded by Mack. All members are in favor. The Chair votes in favor. The motion passes 5-0. 1. Public Hearim!:: Depot SQuare Condominiums: Modification of Special Permit Application #109-04 and Site Plan Application #80-04. Chan2es to the proposed parkin2 areas. buildin2 and facade construction details. landscapin2. and the condition of the approval related to Affordable Housin2. 116-128 Rantoul Street - Beverlv Crossin2. LLC. Zambernardi reads the public hearing notice, and then advises the Board that Wind over Development has received 2 modifications of the zoning approvals including: 1. July 26, 2005 modification to allow the 5 affordable housing units to be provided off-site in the Rantoul Street area so long as 1 additional affordable housing unit was provided within the new building; and 2. July 25, 2006 modification to allow a reduction in the number of parking spaces to a minimum of 79 and to allow a reduction in the parking garage entrance widths and interior aisle widths. She reminds the Board that Wind over accommodated this second modification by purchasing the Court Street parking lot behind the building and providing off-street, outside parking in the lot, as well as additional public parking spaces. She adds that Wind over has now submitted an application to allow these modifications to the special permit and site plan approvals issued by the Planning Board. Zambernardi states that in addition to these modifications, Wind over has made several other changes including changes to the architectural elevations and to the public sidewalk on the south side of Pleasant Street abutting the building. Thomson asks Attorney Mark Glovsky, who represents Wind over Development, to speak on the changes. Planning Board Minutes February 20, 2007 Page 2 of7 Attorney Glovsky introduces Lee Delicker of Wind over Development and Annette Arstro, architect. He then provides a history of the project and updates the members and the public on changes which have taken place. He explains that the reason for reducing the number of parking spaces in the underground parking area is that mechanical and structural components occupy space which had previously been allotted for parking. Glovsky describes the current plans for the affordable housing units, one in the building and five at other locations on Rantoul Street and Elliott Street. Finally, he explains that the sidewalk needed to be moved to the other side of Pleasant Street due to the steep grade on the south side of the building as well as the necessity to provide garage access on the south side of the building. He also cited the lack of sun and seasonal icy conditions. He states that a new sidewalk was constructed on Court Street that hadn't been there before and they reconstructed the sidewalk on the north side of Pleasant Street that is now ADA compliant. Zambernardi reads the following letters: 1. Dated February 20, 2007, from the Director of Engineering, Frank Killilea. 2. Dated January 8,2007, from the Environmental Planner, Amy Maxner. 3. Dated January 16, 2007, from the Design Review Board. 4. Dated January 16, 2007, Wayne Frances, Fire Prevention Chief. 5. Dated January 11, 2007, from the Parking and Traffic Commission. 6. Dated Feb 15, 2007, from Christopher Negrotti, Traffic Sergeant with the Police Department. 7. Dated January 11, 2007, from the Board of Health. 8. Dated February 5,2007, from the ADA Coordinator, Arthur Daigneault. 9. From Kathleen Connolly Clerk of Committees on behalf of the Legal Affairs Committee. Glovsky states that if the City requests that the sidewalk return, the applicant will put it back on the north side. He adds that he was expecting a letter from Mr. Gelineau, City Solicitor, stating that maintenance of the landscaped area should be handled by the Condominium Association, and that area would be leased from the City by the Condominium Association. Thomson asks what the Zoning Board did with respect to the sidewalk issue. Glovsky says that this issue did not go to the ZBA, but they did approve a modification of the plans with respect to the parking issue and the affordable housing issue. Thomson asks Zambernardi if this issue is before the Board because of the site plan reVIew. Zambernardi states that this issue is, in fact, being brought before the Board because of the conditions set in the site plan review and the special permit. Planning Board Minutes February 20, 2007 Page 3 of7 Glovsky adds that the applicant agrees to plant street trees or a more vertical landscaped element in the area where the sidewalk has been eliminated. Mack asks about the City Council's position on the sidewalk issue. Thomson states that the Council will not act on the sidewalk issue until it has been to the Planning Board and other committees. Thomson explains to the public that because of the lack of a quorum, the Board will not be able to vote on the special permit issue tonight, so this application will be continued to a future meeting. He states that he is aware that Glovsky was in communication with Frank Killilea about the sidewalk changes. He adds his bigger concern was the change of the affordable housing units without consultation with or approval from this Board, and the sidewalk is less of a concern. Dunn asks where the affordable housing units are. Delicker states that there is 1 unit at 350 Rantoul Street, 2 units at 390 Rantoul Street and 2 units at 102 Elliot Street. He adds that the units are created, are deed restricted, and that his company is doing the LIP application for the City so the units will be counted in the State's affordable housing inventory. Thomson asks where the new parking lot is located. Glovsky shows the map and describes the location of the new parking lot on Court Street. Thomson asks what the current parking condition is on Pleasant Street. Glovsky guesses that perhaps 6 spaces are there. Thomson asks about the curb cut. Thomson mentions all of the recommendations from the various other departments, and asks if the applicant is willing to comply with all of these recommendations. Glovsky and Delicker state that the applicant is willing to comply with all of these recommendations. Dunn asks how the off-site affordable housing units were approved. Thomson explains that the ZBA approved it. Thomson asks the public to speak. Planning Board Minutes February 20, 2007 Page 4 of7 Steve Kranish of30 Pratt Avenue asks the public how many people drove here today. No persons respond. He states that this is a pedestrian hostile City, and walking around the block is impossible when heading south from the Depot Square. He explains that if the applicant is going to steal sidewalks it will set precedent for anyone else to do the same thing anywhere in the City. He reminds the applicants that they cited the issues of steepness and ice as the primary reasons for removing the sidewalks and suggests that they should heat the sidewalks if they are concerned about the ice on the sidewalk. Rosemary Maglio of 30 Pleasant Street asks if Court Street is owned by the developer. Glovsky states that it is owned by the applicant. Maglio asks when Windover become involved with Depot Square. Glovsky and Delicker state that they do not have the exact date. Maglio states that she has that date and reads the deed dated July 11, 2005. Thomson asks if anyone else has any question. There are none. He then asks Maglio if she is interested in reading her statement into the record. Maglio reads a 14 page statement and submits it for the record (see attached). Zambernardi asks for the dates of her previous letters and agrees to make copies of the letters and submit them to Board members and the applicant. Maglio states that the previous letters are dated January 16, 2007, and February 5, 2007. She submits copies of the letters. Steve Kranish of 30 Pratt Avenue suggests that the Board try walking south from Depot Square and around the block. He claims that it is impossible. Thomson asks Kranish if his point is that the sidewalk should stay where it is. Kranish says that it is his point. Zambernardi states that she feels it is necessary to address one of Mr. Kranish's prior assumptions. She states that just because she nor other members didn't walk here tonight, that doesn't mean that we don't walk around in the City, as Kranish has implied. She states she does walk in the City. Thomson asks for a motion to recess and continue this hearing on another date. The members discuss possible dates. Planning Board Minutes February 20, 2007 Page 5 of7 Mack: Motion to recess and continue this public hearing March 29, 2007, at 9:00 p.m., seconded Flannery. All members are in favor, none in opposition. The motion passes 5-0. Thomson closes the public hearing and resumes the regular meeting. 2. Cleveland Road Extension #2 Subdivision Plan - Discussion of Modification to Drivewav Plan - 17 Cleveland Road: David Campbell Zambernardi explains that this plan was approved with conditions, one of which was that the road not be extended. She adds that the property changed hands since the approval and the new owners began construction. Zambernardi states that a garage was constructed in a way that the driveway would not be able to be built in accordance with the approved plan, and a large portion of the driveway was relocated on the unconstructed portion of Cleveland Road. Thomson states that the issue is whether the "as-built plan" meets the original subdivision approval of this Board or if it constitutes a modification to the plan. He states that if the Board finds in favor of the latter, a public hearing will be needed prior to approval of the new plan. David Campbell, the applicant, states that he never was aware that the garage and the driveway needed to be placed at any particular place. Bob Griffin of Griffin Engineering represents the applicant, and explains the current design. The members ask clarifying questions about the plans. Zambernardi reads the following letters. 1. Dated Jan 16, 2007 from Frank Killilea, Director of Engineering. 2. From the City solicitor, Roy Gelineau. 3. From the Beard's at 14 Clevelend Road, at letter in disapproval of the new garage location. 4. Dated January 16, 2007, from Attorney William F. Bowler, on behalf of the Beards at 14 Cleveland Road. Griffin states that the drainage condition is now better than was originally planned. He adds that if they leave the driveway unpaved that might satisfy Gelineau. Walter: Motion that the change constitutes a modification to the approved plan and that the owner must file an application to the Board for approval of the new plan, seconded by Dunn. All members are in favor, none in opposition. The motion passes 5- O. Planning Board Minutes February 20, 2007 Page 6 of7 3. Con2ress Street Preliminary Plan #2: 10-12 Con2ress Street (former Ventrron Site) - Beverlv Office Development. LLC Zambernardi states that the developer submitted this preliminary subdivision plan in order to freeze the IG zoning for this parcel. She states that in the event the owner's plans to develop the property under the new WDR zoning are approved, the owner has agreed to withdraw this plan. She states they have filed a continuance to the next meeting. Mack: Motion to extend the approval deadline of the preliminary plan to April 1, 2007, seconded by Walter. All members are in favor, none in opposition. The motion passes 5-0. 4. North Shore Commons Definitive Subdivision Plan: 140 Brimbal Avenue - CEA Group. Inc. bv Steven Cohen - Set Public Hearin2 Date Zambernardi states that the CEA Group has submitted a definitive subdivision plan to construct North Shore Commons, a roadway within a proposed 50-foot wide public right- of-way, and 3 new building lots. She adds that a public hearing must be set. The group discusses the date of March 20,2007 at 8:30. Flannery: Motion to schedule a public hearing for March 20, 2007 at 8:30 p.m., seconded by Dunn. All members are in favor. The motion passes 5-0. 5. Sar2ent Avenue Definitive Subdivision Plan: 19 Sar2ent Avenue - Michael Fiori - Set Public Hearin2 Date Zambernardi explains that a public hearing must be scheduled for this subdivision plan which creates one new building lot at the end of Sargent Avenue. Dunn: Motion to set a public hearing for April 17, 2007 at 7:30 p.m., seconded by Flannery. All members are in favor. The motion passes 5-0. 6. Approval of Minutes: Re2ular Meetin2. December 19. 2006. and Special Meetin2. January 18.2007 Mack: Motion to approve the minutes, seconded by Flannery. All members are in favor. The motion passes 5-0. 7. Discussion of 30 Beaver Pond Road SANR Plan - Carmen Frattaroli Attorney Frattaroli, who represents the owners of 30 Beaver Pond Road, speaks about the OSRD regulation, and states that he believes the language of the regulation is geared for new construction. He adds that OSRD should not apply to the separation of a house lot Planning Board Minutes February 20, 2007 Page 7 of7 with an existing home. He asks that the Board not require OSRD compliance for the sale of the lot with the existing house. Thomson states that OSRD has not been done yet and that the Board could converse now about how they wish to treat this case. He states that the key to this issue is the word "tract", which would apply to this lot even if there is an existing structure on the property. Frattaroli asks if there will be a cloud on the title if this house is sold. Thomson states that there is nothing in the OSRD that prevents him from selling this lot. Frattaroli and Thomson discuss some other issues of the OSRD, and then Frattaroli thanks the Board members for their time and steps down. 7. Beverlv Subsidized Housin2 Inventorv Update Zambernardi states that Beverly's percentage of performance for affordability has risen to 11.5%, and that City Planner Tina Cassidy has submitted a letter commending the City Boards and other organizations working toward affordable housing. 8. Future Meetin2 Dates: Zambernardi reminds the Board of all of the meetings scheduled for March which include: . Monday, March 5, 2007, City Council Chambers - Joint Public Hearing and Special Meeting . Monday, March 19, 2007, City Council Chambers - Joint Public Hearing and Special Meeting . Tuesday, March 20,2007, City Council Chambers - Regular Meeting . Thursday, March 29,2007, City Council Chambers - Special Meeting Adjournment Flannery: Motion to adjourn, seconded by Walter. All members are in favor. The motion passes 5-0. The meeting is adjourned at 10:20 p.m.