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2008-12-15 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: Planning Board, Joint Public Hearing MEMBERS PRESENT: December 15, 2008 City Council Chambers, Beverly City Hall, 3rd Floor Chairperson Richard Dinkin, Joanne Dunn, Ellen Flannery, Charles Harris, Ellen Hutchinson, David Mack, Leo Panunzio, Stephanie Williams John Thomson Assistant Planning Director Leah Zambernardi Andrea Bray MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Chairperson Dinkin calls the meeting to order. 1. Joint Public Hearin2 - City Council Order #230 - Proposed Zonin2 Amendment - Create new "IR Overlay" district within part of the IR Zonin2 District alon2 Brimbal Avenue comprised of the followin2 parcels: Assessors Map 55. lots 19. 20. 21.23.24.28.29 and 30. and Map 56. lots 20. 20A - Brimbal Avenue Development LLC Zambernardi reads the public hearing notice. Attorney Tom Alexander states that the 6.5 acre parcel owned by CEA Group is part of the area that will be affected by this amendment. He says that this property is a former landfill and ceased operations prior to the present regulations in effect. He provides a brief history of the legal proceedings with this site, stating that in 2006 they tried to change the zoning for this property to CG and the Planning Board recommended that the City Council not approve the change. He says that now they are proposing a mixed-use overlay district, which will include this lot and 8 other lots in the area. Ken Buckland, with the Cecil Group, who wrote the Master Plan, explains that they looked specifically at the IR zone on Brimbal Avenue and found that this area is unique in the way it can be used in the future, and there should be some additional uses allowed. He speaks about the idea of shared parking, which reduces the coverage of parking lots and reduces the run off. Steve Cohen, with the CEA Group, states that the first part of this discussion involves a planning exercise in dealing with the overlay district, and the second part is a brief description of how this special permit will affect this site. He says they spoke with the Planning Board and considered the possibility of affordable housing and found that it Planning Board JPH December 15,2008 Page 2 of7 wasn't feasible on this particular lot. He says they are optimistic regarding the ways that this parcel can be used. Bob Griffin, with Griffin Engineering, says this site has gentle topography but the difficult part about developing this site is the fact that this was a waste dump with a stream running though the middle of it, and at some points the waste is about 25 feet deep and it is different at other points. He states that the waste material is very heterogeneous, but it varies in thickness, density and will not settle consistently throughout the site. He states that there are regulatory bodies in place to enforce the standards for the development of this site. He cites the Jordan's Furniture and Home Depot in Reading as examples, which were built on a landfill, with the buildings on piles, with gas monitoring and gas venting facilities in some of the buildings. Giles Hamm speaks about the traffic conditions, saying 15,000 cars/day are estimated on Brimbal Avenue, with 300 left turns at peak hours. He proposes a new state-of-the-art traffic signal system, with which all of the traffic will be very manageable. Architect David Zalinski speaks about his credentials. He says there has already been a lot of thinking about this site, which is a gateway to Beverly, and it could be high quality. He displays drawings and photographs of other shopping areas that his firm has designed. Councilor Martin expresses concern on the impact this will have on the residents of Brimbal Avenue. Alexander states that the traffic is now a mess and it will be improved with the completion of this development. He clarifies that there is no such thing as a perfect development, but the new traffic system will greatly improve the situation, raising its efficiency level from an "F" to a "B". He adds that this development will bring an additional $250,000 in tax revenue. Councilor Martin says they shouldn't base their decision on any potential tax revenue that would be received. Councilor Coughlin says that he is happy with the Commodore Plaza, but expresses concern about the traffic, stating that they will need to prove to him that the traffic situation will actually improve. Councilor Grimes states that she finds the description of the traffic flow to be confusing and asks them to clarify it. Giles Hamm says there will be a very detailed traffic analysis, and there is a problem there today because that area needs a traffic signal. He says there will be a driveway that will only allows right-in and right-out traffic, and to the south another entrance, and a left turn lane. Planning Board JPH December 15,2008 Page 3 of7 Councilor Slate states that the area at the end of the highway ramp is a problem, and asks if that area will be addressed. Giles Hamm says that area will also be reviewed as part of the detailed traffic analysis. Councilor Slate says that NSMT is nearby and there are police officers directing traffic during those performances, and he would like them to factor this in. Hamm says they will consider this in the detailed traffic analysis. Councilor Slate asks Bob Griffin what would be necessary to build on this landfill. Griffin states that DEP is on board and they will drive through the soft material and waste and run pilings through these materials. Councilor Slate expresses concern about the traffic. Councilor Troubetaris asks how they will provide enough parking spaces. Griffin states that there are about 350 parking spaces planned now. Councilor Troubetaris states that it is the traffic lights that hold up the traffic. Councilor Burke agrees with Coughlin that they need to convince the Council that the details of the plans will be positive, and they need to convince the neighbors. The neighbors need to be on board. Councilor Cronin asks what has been done to rectify the concerns from the previous proposal. Steve Cohen says they looked at the entire neighborhood for the new zoning overlay district, looked at the Master Plan, and engaged the Cecil Group to look at the Master Plan. He adds that they looked into traffic issues early in the process, with the intersection now operating at an "F" and it will be brought up to a "B", and they changed the use from strictly retail to make it a mixed-use property. He says that the zoning change will allow these uses only with a special permit, not as of right. Councilor Cronin asks about the widening ofBrimbal Avenue. Cohen states that Brimbal Avenue does not require widening except for the left turns. Alexander says they are tending to focus on the specific proposal and he asks that they come back to the Master Plan, which took into consideration the whole of Beverly, not a Planning Board JPH December 15,2008 Page 4 of7 part of Beverly. He reads part of the master plan, which states, "commercial use is more appropriate for land bordering Brimbal Avenue". Councilor Grimes says there are a lot of stakeholders but the neighbors are the most affected stakeholders in this development. She asks about the possibility of a childcare facility. Steve Cohen says that the state has standards for childcare facilities and they will be complying with those standards, and extra steps will be taken to address this issue. He says that everybody who uses Brimbal Avenue will see an obvious improvement. He says that he spoke with the people at Northridge and heard their concerns about access to Sohier Road so they eliminated access to/from Sohier Road, and there will be an appropriate buffer to Northridge. Councilor Coughlin says that it is easy to say there will be a traffic light, but a lot of work has to be done before this Council can approve this. Williams asks about the language of the proposed amendment, specifically the outline for determining parking requirements. Ken Buckland says this has been used in other communities, and there are standards for shared parking, including use times. Harris asks how much time would this parcel need to sit before it could be made into a park. Griffin says there a many sites where this has occurred, and the same standards for a childcare facility apply to a park, and some sites could be used shortly after they were capped and closed. Harris asks about the traffic specifications. Giles states that there are 300 vehicle trips/hour at peak. They discuss the traffic situation at length. Mack asks what the plans for this property would be if this zoning amendment would not be passed. Steve Cohen says they looked at this and came up with certain industrial uses. Dick Woodbury of North ridge asks for clarification on the parcel. Buckland says that it is 6.5 acres. Planning Board JPH December 15,2008 Page 5 of7 Rosemary Maglio of30 Pleasant Street says this is initiated improperly because it is initiated by only one property owner and not all nine property owners. Alexander says this is properly brought here, according to M.G.L. Chapter 40A, section 5. Pam Kampersal of 241 Dodge Street asks if this is a precedent setting event and can people from other parts of the City do this. Dinkin states that people from the community can request zoning changes, and the Planning Board and the City Council can request zoning changes. He cites the Stop N Shop zoning change. He says that this is not precedent setting. Jason Breitkopf of 178 Brimbal Ave asks about the widening ofBrimbal Ave. because many areas have no sidewalks. Griffin says that Brimbal Ave has an 80-foot layout, and this development will be pedestrian friendly. A resident of 173 Brimbal Ave asks how they will accommodate the ambulance service across the street. Hamm says that signals can be prioritized for the ambulance. Dan Deangelis of 207 Brimbal Avenue asks what makes this different from spot zoning if no other landowners have requested this. He expresses concern about the traffic, stating that there would be a 1Iz mile stretch ofBrimbal Avenue with 4 working traffic lights. He asks if any other sites have expressed a need for this, adding that he thinks this is spot zoning in disguise. Dinkin says that it may benefit only this one property owner now, but with additional uses to a parcel of land, it will increase the value of all of those properties. Dan Deangelis asks what percentage could become retail. Cohen says that it is at the Planning Board's discretion as part of the special permit process. Rene Mary of 284 Hale Street asks if the other property owners have been notified. Steve Cohen says they have contacted all of the other property owners, and except for Northridge, they have expressed support. Several have non-conforming uses and they would become conforming as a result. Planning Board JPH December 15,2008 Page 6 of7 Rosemary Maglio of30 Pleasant Street asks if they own the small strip of land along Brimbal Ave. Cohen says that they do. Maglio asks if the definitions for this zoning ordinance, ie. shared parking, could be applied to other zones, and does this ordinance move authority from the ZBA to the Planning Board. Buckland says that the section on shared parking will only apply to this zone, and they can apply zoning any way they see fit. Alexander states that with a definitional change it would take a whole hearing to change it. He adds that the Planning Board currently has special permit authority in some other districts. John McFadden of205 Brimbal Avenue says that this is a neighborhood, and he speaks in opposition to the project. Dick Woodbury of North ridge says Northridge represents 42% of this new zone and the City didn't ask them what they think. Dinkin states that this is what this hearing is all about. Dick Woodbury talks about the height of the buildings and says that they have a building that is 5 feet from the property line. Alexander says that the inclusion of the Northridge property is based on the Master Plan, and regarding the 60 foot height, this location is already allowed to have 60 foot buildings. Bob Ross of 45 Essex Street expresses concern about the traffic, and speaks in opposition to the project. Rosemary Maglio of30 Pleasant Street speaks in opposition to the project. Pam Kampersal of241 Dodge Street speaks in opposition of the project. Mike Wogan of 15 Walnut Avenue speaks in opposition of the project. Cathy Burack of 6 Brimbal Hills Drive speaks in opposition of the project. Dan Deangelis of207 Brimbal Avenue speaks in opposition to the project. Planning Board JPH December 15,2008 Page 7 of7 Jason Breitkopf of 178 Brimbal Ave speaks in opposition to the project. Renee Mary of 284 Hale Street speaks in opposition to the project. Dick Woodbury of North ridge says that Griffin Engineering has shared the results of the tests on the land with him. Councilor Troubetaris says that the Master Plan was not a wish list; it was a 2-year project that many people worked on. Councilor Martin says that the Master Plan is an important document but it isn't a living Bible and he thinks this looks like spot zoning. Councilor Burke agrees with Martin and speaks about benefiting the whole City and sacrificing neighborhoods. Councilor Coughlin asks if they will sidewalk the entire length ofBrimbal Avenue. Alexander states that the "F" to "B" grade does include this project and there will be a lot more permits and processes here. He asks the Council and the Board to look at the big picture. Dinkin states that he will take written comment once the public hearing is closed. Hutchinson: Motion to close the public hearing, seconded by Flannery. Passes 7-0. The Chair does not vote. Dinkin closes the public hearing.