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2007-09-19 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: Planning Board, Regular Meeting MEMBERS PRESENT: September 19, 2007 City Council Chambers, Beverly City Hall, 3rd Floor Chairperson Richard Dinkin, John Thomson, Joanne Dunn, Ellen Flannery, Charles Harris, David Mack, Stephanie Williams, Don Walter None Assistant Planning Director Leah Zambernardi Andrea Bray MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Chairperson Dinkin calls the meeting to order. Thomson: Motion to recess for a public hearing, seconded by Walter. (Passes 8-0) 1. Public Hearin2 - Con2ress Circle Definitive Subdivision Plan - cui de sac and 2 lots in IG Zone - 10-16 Con2ress Street - Beverlv Office Development Zambernardi reads the public hearing notice. She states that the Board has received a request for an extension of time from the applicant. She adds that they can continue this hearing until October 16 and there are currently no public hearings scheduled for that date. Attorney Alexander who represents the applicant states that he discussed this with Zambernardi and determined that it would be wise to extend this issue. Harris: Motion to continue this public hearing until October 16,2007, at 7:30 PM, and to accept an extension of the time to make a decision on this petition, seconded by Flannery. (Passes 8-0) 2. Public Hearin2 - Site Plan Review Application #90-07 - construction of 3 buildin2s - 480-486 Rantoul Street - Rantoul Street. LLC and Force Realtv. LLC Zambernardi reads the public hearing notice. Attorney Mark Glovsky who represents the applicant states that a portion of this property was rezoned from IG to CC. He states that they are proposing 3 buildings, 2 Planning Board Minutes September 19, 2007 Page 2 of 12 perpendicular to Rantoul Street and another building in the back (a total of 22,000 square feet). He adds that this development will be good for the city and the neighborhood. Peter Ogren of Hayes Engineering displays the plan and states that the DRB and the City Engineer have reviewed this project and provided comments and suggestions. He lists the suggestions. He describes the water and drainage systems. Dinkin asks Ogren to describe the drive-through traffic flow. Ogren states that there would be staging for at least 4 cars in queue. Architect Pat Finn provides renderings and states that they are respecting the character of the neighborhood by providing a building that will not stand out. The buildings would all have the same color clapboards with painted trim. He displays the landscaping plan. Williams asks about the reduction in parking spaces needed if a restaurant is placed on the site. Glovsky provides the requirements for restaurant parking and states that there should be adequate parking space. Thomson asks about space for truck access. Ogren states that there should be adequate space for dumpster trucks and delivery trucks. He points out the dumpster pad. Flannery asks if the dumpsters will be enclosed. Ogren: Yes. Williams asks about the lighting. Ogren displays the lighting fixtures and describes the lighting plan. Mack asks about the parking spaces on the south side. Ogren states that those spaces were moved because the boundary line was redrawn. He adds that they are now 5 feet from the boundary line. Zambernardi asks about the width of the aisle at the proposed drive through lanes. Ogren states that the two lanes are each 11 feet wide. He adds that there will be adequate space and that the fire department has reviewed this. Planning Board Minutes September 19, 2007 Page 3 of 12 Thomson asks about the drainage system. Ogren states that there is currently a pipe going through the center of this property and draining into a tidal area at the Bass River. He adds that they will be extending this pipe on the property and installing two storm scepters so no flow will go into the street. He states that the pipe is 42", and that it originates beside the Burger King. Williams asks about post-construction snow removal. Ogren points out the possible on-site areas for snow storage and adds that they would store snow off site if they have a parking situation. Dinkin asks how much snow, in inches, can be stored on site. Ogren states that he hasn't calculated that and it depends on the density of the snow and other factors. Williams asks about the noise emitting equipment to be used on the site. Finn states that there are 3 wells on the roof of each building that would house all of the HV AC equipment so the noise would not be a factor. He adds that a restaurant would require an exhaust fan. Zambernardi reads the following letter: Dated September 19, 2007 from Amy Maxner, Environmental Planner, regarding the restoration of a wetland on the property. Dinkin inquires about the location of the wetland on the site. Ogren points out the location of the present wetland and the future wetland, and states that the restoration will begin next week. Zambernardi continues to read the following letters: . Dated August 27,2007, from Wayne Francis, Deputy Fire Chief. . Dated August 31,2007, from William T. Burke, Director of Public Health. . Dated September 6,2007, from Tina Cassidy, Chair of the Parking and Traffic Commission. Flannery: Motion to recess until 9:00, seconded by Walter. (Passes 8-0) Planning Board Minutes September 19, 2007 Page 4 of 12 Dinkin recesses this hearing until 9:00 PM. Dinkin reopens the public hearing. Zambernardi reads the following letters. . Dated September 10, 2007, from the DRB. . Dated September 10, 2007, Chris Negrotti, Traffic Sergeant. . Dated September 12, 2007, from Arthur Daignault, ADA Coordinator. . Dated September 14, 2007 from Frank Killilea, Director of Engineering. . Public comment letter, dated August 9, 2007, from Paul Harrington of 13 Lenox Street. Dinkin asks for clarifying questions from the public. Rosemary Maglio of30 Pleasant Street asks if there are no windows on the north side of the north building and the south side of the side building. Finn states that there will be no openings on those sides and they will treat the fa<;ade with enough detailing to break up these walls. Paul Beaulieu of 16 Summer Street asks why cars cannot exit to Elliott Street. Glovsky states that they do not have the legal right to do that. Beaulieu expresses concern about the traffic on Rantoul Street. Property owner Dinart Serpa states that they tried to gain access to Elliott Street but were turned down and Elliott Street has a bigger traffic problem than Rantoul Street. He adds that cars would have more difficulty exiting onto Elliott Street than onto Rantoul Street. Beaulieu asks about the hours of operation. Glovsky states that there will be businesses that are allowed in the CC zoning district. He adds that they are not anticipating a fast food restaurant or a Richdale-type of business. Beaulieu asks if they went to the minimum requirement for the size of the parking spaces. Glovsky states that they are standard spaces and they comply with zoning. Planning Board Minutes September 19, 2007 Page 5 of 12 Beaulieu asks if there will be any restrictions placed upon the use for businesses with late hours. Renee Mary of274 Hale Street asks how close to Gloucester Crossing this development is, and expresses concern about volume. She asks if the Planning Department will set guidelines for use on this property. Glovsky states that they are looking at the design of the project and businesses that are allowed in the CC zoning. Nancy Scialdone who owns the property at 478 Rantoul Street asks about what is contained in the green area. Ogren states that this is a heavily landscaped area with a wetland in that area and some tall trees. Scialdone states that she would like a fence put up and that the lot line is 3-4 feet from the window of the house that she owns. She adds that the boundary line is not staked. Owner Mr. Serpa states that he will address that. Steven Scialdone of 478 Rantoul Street states that there should be a staked lot line at that point. Glovsky states that they will stake it. Maureen Troubetaris of20-A Davis Road asks about the traffic flow into and out of the property. Ogren describes the flow. Troubetaris expresses concern about the trees stating that she doesn't want them to obstruct the line of sight for cars exiting onto Rantoul Street. Finn states that these will be maple trees and will not obstruct the line of sight. Domenic Secondiani who owns a hair salon across the street from the property asks how many parking spaces will be lost on Rantoul Street as a result of the new project. Owner Serpa states there will be more parking spaces on Rantoul Street due to the reduction in the curb cuts. Rosemary Maglio of30 Pleasant Street asks the measurement of the curb cut at the widest point. Planning Board Minutes September 19, 2007 Page 6 of 12 Ogren states that it will be 32 feet. Zambernardi states that this issue was examined on Elliott Street and an entrance gets 25 feet and an exit gets 25 feet. Glovsky adds that this is an existing non-conforming curb cut. Cindy Modugno who owns the abutting property at 117 Elliott Street asks about the drainage onto Elliott Street because they are bringing the site up. Ogren states that there is a curb and a catch basin to catch all of the water. Mary Roderick of 14 Peabody Avenue asks if there are exits on the back walls of the north and south buildings. Finn states that there will be some exits on those back walls. Rosemary Maglio of30 Pleasant Street asks about an elevator in the three-story building. Finn states that there will be an elevator. Jerry Carisio who owns the property at 477 Rantoul Street (Jiffy Lube) speaks in favor of the project. Paul Beaulieu of 16 Summer Street speaks in favor of the project. He adds that he would like to see an egress out to Elliott Street. Domenic Secondiani who owns the hair salon across the street speaks in favor of the project. He asks that there be no other hair salon on the new property. Rosemary Maglio of30 Pleasant Street speaks in opposition of the project, expressing concern about the use of this location, and the increase traffic. She describes it as sprawl. Cindy Modugno of 117 Elliott Street speaks in favor of the project. Dinkin closes the public hearing. 3. Public Hearin2 - Modification to Site Plan Review Application #28-97 - construction of office buildin2 - 138 Conant Street - The Connollv Partnership 1984 Zambernardi reads the public hearing notice. Planning Board Minutes September 19, 2007 Page 7 of 12 Steve Connolly describes the modifications and states that the building and parking lot are in about the same location, but the footprint for the building has changed. He says they increased the parking from 257 spaces to 261 spaces, and the parking aisle widths from 18 feet wide to 21 feet wide. He adds that the dumpster pad has been increased. Connolly says that the building will still have 4 stories with one level of parking under. He displays the schematic design and describes the building plans. He states that they resubmitted revised site plans of C 1 and C2. He adds that they have improved the lighting plan. Zambernardi reads the following letters: . Date August 28,2007, from Wayne Francis, Deputy Fire Chief. . Dated September 15, 2007 from Amy Maxner, Environmental Planner. . Dated September 5,2007, from William T. Burke, Director of Public Health. . Dated September 6,2007, from Tina Cassidy, Chair of the Parking and Traffic Commission. . Dated September 10, 2007, from Traffic Sergeant Christopher Negrotti. . Dated September 12, 2007, from the DRB. . Dated September 12, 2007, from Kate Newhall, Associate Planner, regarding the white ash trees and honey locus trees. Dinkin opens to the public for clarifying questions. Renee Mary for 274 Hale Street asks if the construction will affect the ice cream place. Connelly: No Rosemary Maglio of30 Pleasant Street asks what is between this property and MacArthur Road. Connelly states that there are some residences and two of these residents abut the property. He adds that there is screening between the abutters and this property. Maglio states that there should be a larger screen. Harris states that he assumes that the abutters are OK with this development. Planning Board Minutes September 19, 2007 Page 8 of 12 Connelly states that they are. Dinkin closes the public hearing. 5. Discussion/Decision: Site Plan Review Application #90-07 - 480-486 Rantoul Street - Rantoul Street. LLC and Force Realtv. LLC Thomson states that an opaque fence would be appropriate along the boundary with the abutter. He adds that the blank walls need to be softened with some architectural elements, and suggests using some thing about 10 to 20 feet from the street line, like faux windows. Owner Mr. Serpa states that he likes that suggestion and he would like to have some windows placed on those sides. He adds that he would accommodate that. Thomson: Motion to approve the site plan application subject to the comments in the letters, and having an opaque fence, and having pilasters and windows along the blank walls without the need to reappear before the DRB, seconded by Walter. The motion passes 8-0. 6. Discussion/Decision: Modification of Site Plan Review Application #28-97 - 138 Conant Street - The Connollv Partnership 1984 Thomson: 8-0) Motion to approve the site plan modification, seconded by Mack. (Passes 7. Cleveland Road Extension Subdivision #2 - Expiration of Construction Completion Date ReQuest for Extension and Discussion of Drivewav Modification - David Campbell Williams steps out. Zambernardi states that there are two requests, (1) to extend the expiration of the construction completion date, and (2) the issue of compliance of the approved subdivision plan and the fact that the driveway does not match up with the original plan. She states that the board is being asked to consider approving a minor modification of the driveway tonight. Dinkin states that any modification to an approved definitive plan requires a public hearing. Thomson agrees and states that he thought that this was made clear to the applicant. Planning Board Minutes September 19, 2007 Page 9 of 12 Zambernardi states that this is true yet the applicant recently heard from an attorney that the new driveway involves no violation to the extension of the roadway. Thomson states that the applicant should have appealed the Board's decision and the appeal period has expired. There is much discussion about the rules for appeal and the correct procedure to use from this point. Harris states that there are 4-5 issues of non-compliance here. (the driveway, the garage, the retaining wall, etc.) Attorney Glovsky representing the applicant states that he came into this issue late and he realizes that there are issues with the neighbors so they need to get everyone in one room and work things out. He adds that conceptual houses might be placed on a subdivision plan without the requirement that the house have that precise footprint. He addresses the drainage issue stating that making these changes would require Planning Board approval because they would affect the drainage plan. He says that he would like to resolve everything at a meeting and perhaps consult with the City Solicitor, Roy Gelineau. He says that he is willing to come in with a formal request. Dinkin states that he would like that. Harris states that the builder moved the driveway and the garage door and was told that he must file a modification to his plan and he created a retaining wall that was not part of the plan. He says that it is wrong for a developer to continue to do whatever he wants to do without regard to the wishes of the Planning Board. Glovsky states that Mrs. Vitolo, the property owner, wasn't aware that an extension was needed and that her bond was in jeopardy. The bond secures some curbing and some other infrastructure. Dinkin stops the discussion and states that this issue must be addressed at the public hearing. Attorney Paul Maglio states that it is Ms. Vitolo's money that is at risk and she wants to see the road completed Zambernardi states that there is currently a stop work order in effect. There is much discussion about the extension timeline. Thomson: Motion to extend the construction completion date to October 31,2007, seconded by Flannery. (Passes 6-1. Harris votes in opposition.) Planning Board Minutes September 19, 2007 Page 10 of 12 8. Open Space Residential Desi2n (OSRD) - Discussion of Draft Amendments and Recommendation to set Joint Public Hearin2 with Citv Council Cassidy states that she is willing to table this discussion until the next meeting. Dinkin tables the discussion of the OSRD until the October 16, 2007 meeting. 9. Open Space Plan Update: Submission of Executive Summary (full draft online) Zambernardi states that the Open Space and Recreation Committee is updating their Open Space Plan and the Executive Summery is enclosed in the member's packets. She states that members could review the plan individually or the Board could ask the Open Space and Recreation Committee to make a presentation of the plan. She agrees to ask the Open Space and Recreation Committee if this can be reviewed at the November meeting. 10. Thompson Farm - Performance Bond Reduction - Tom Carnevale Zambernardi states that the applicants are requesting a reduction in the bond at Thomson Farm Way. She reads a letter from City Engineer, Frank Killilea, dated September 14, 2007, recommending a reduction of the bond to $57,575. Mack: Motion to approve the bond reduction to $57,575 seconded by Walter. (Passes 7-0) 11. Subdivision Approval Not ReQuired - 480-486 Rantoul Street Glovsky presents the plans and states that the lot line between this commercial lot and the condominium lot will change and the easement through the condominium lot will allow adequate space for trucks to access the property. He adds that this change will result in the loss of one parking space, down to 124, but only 85 spaces are required. Glovsky states that lots B 1, B2, and B3 will be combined into one entity. Thomson: Motion to endorse this plan, seconded by Mack. (Passes 7-0) 12. Subdivision Approval Not ReQuired - 138 Conant Street Connolly states that there are currently two parcels, Raymonds Lane Realty Trust and Conant Street Realty Trust, which will be combined to form one parcel of land, deeded to Raymonds Lane Realty Trust. Planning Board Minutes September 19, 2007 Page 11 of 12 Zambernardi states that the plan is in technical compliance. Thomson: Motion to endorse the plan, seconded by Flannery. (Passes 8-0) 13. Subdivision approval Not ReQuired - 230 Hale Street. 40 Brackenburv Lane John Lodge describes the new lot that will be created and states that they are reconfiguring 3 lots. Zambernardi states that the plan is in technical compliance. Walter: Motion to endorse the ANR, seconded by Harris. (Passes 7-0) New/Other Business: 14. Axcelis Loadin2 Dock - Footprint Chan2e Peter Ogren of Hayes Engineering states that they would like to add a loading dock and would like to submit a change to the site plan. He adds that the change is in the footprint of the building and the new dock might stick out 3-4 feet. Dinkin says that if the building inspector issues a permit he can make the change. Zambernardi states that the building inspector will look to the Planning Board for guidance. Thomson states that he doesn't see any significant change. Dinkin states that to change this would be non-controversial, but as the ordinance currently states any change requires a public hearing. Thomson: Motion to suggest to the building inspector, Steve Fredrickson, that he can make miniscule modifications to a plan without coming to the Planning Board, seconded by Flannery. There is much discussion about the required procedure to accommodate this request. Thomson withdraws the motion. Flannery withdraws the second. The members recommend amending the zoning ordinance to allow the Planning Board to make decisions for instances of non-materiality. Planning Board Minutes September 19, 2007 Page 12 of 12 Dinkin states that he was reminded that yesterday was the 10th anniversary of the death of his predecessor, Jim Manzi. Thomson: Motion to adjourn, seconded by Flannery. (Passes 7-0) The meeting is adjourned at 11 :00 PM.