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2009-01-20 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: Planning Board, Regular Meeting MEMBERS PRESENT: January 20, 2009 Beverly Public Library, Barnet Gallery, 32 Essex Street Chairperson Richard Dinkin, Vice Chairperson John Thomson, Joanne Dunn, Ellen Flannery, Charles Harris, David Mack, Stephanie Williams Ellen Hutchinson Assistant Planning Director Leah Zambernardi Andrea Bray MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Chairperson Dinkin calls the meeting to order. New/Other Business ReQuest for Extension of Special Permit #114-07 - 10-12 Con2ress Street. Beverlv Office Development. LLC Attorney Tom Alexander states that the applicant needs to postpone the work on this project due to the condition of the real estate market. Harris: Motion to extend this special permit until May 29, 2010, seconded by Mack. Passes 6-0. The Chair does not vote. ReQuest for Approval of Minor Modifications to Site Plan #97-08 and Site Plan #64- 01 - Beverlv Commerce Park. LLP General Manager Steve Drohosky states that they would like to build a cover on the north parking deck and on the east parking garage in order to cut snow removal costs and the cost for replacing the top layer of the deck floor. He adds that they will also benefit by providing additional covered parking for the tenants. Harris asks if there are any view obstruction concerns. Drohosky says that he doesn't think so and the height change will be about 7 feet higher than the knee-wall. Zambernardi states that the zoning allows a maximum building height of 3 5 feet. Harris confirms that there will be no equipment on the roof. Planning Board January 20, 2009 Page 2 of 4 Dinkin states that the board must determine whether this change is minor and, if so, the board must vote on the change. Dinkin states that at this time the processes to determine whether a change is minor is so new that they have no standard or precedent. He adds that the zoning was amended in order to save applicants time and money for inconsequential changes, and discretion can be used to broaden this issue. He leaves it to the members to determine if this is an item that requires public notice and public input. Thomson states that rather than considering the quantity of this change, he is evaluating the quality of this improvement and asking the question, "Is it the type of thing that is a concern to people?" He adds that he prefers changing this definition from inconsequential to insubstantial, because this particular modification doesn't change anything, and if it is under the maximum height restriction it is "as of right". He states that he considers this change to be minor. Mack asks when construction will begin. Drohosky states that the work has begun to build the north parking deck but has stalled because of the winter. They will recommence the work on the north parking deck at the end of the winter. The work on the east parking garage will start soon after. Thomson: Motion to consider this a minor modification, seconded by Mack. Passes 6-0. The Chair does not vote. Thomson: Motion to grant the modifications as requested, seconded by Flannery. Passes 6-0. The Chair does not vote. Update on Affordable Housin2 Payment - Settlement Plan for Chapman's Corner Estates Definitive Subdivision Zambernardi states that she received a check today for $100,000 from the developers at Chapman's Corner. She explains that this payment is in lieu of the installation of one affordable unit on site, as agreed to by the Board. Dinkin states that one has to respect this kind of confidence exhibited by the developer because he is moving ahead with this project in a down economy. Set Public Hearin2 Date: Site Plan #99-09 - Beverly Retirement Community - Estate of Thomas J. Flatley and Harvest Development. LLC - Construction of a subsidized elderly housin2 facility. consistin2 of 173 units. t02ether with associated parkin2 and site improvements Planning Board January 20, 2009 Page 3 of 4 Zambernardi states that the applicant will be moving ahead with their site plan approval process and special permit at the same time. Dinkin suggests that the members schedule this for the meeting in March. Flannery: Motion to schedule this public hearing for March 17, 2009 at 8:00 PM, seconded by Thomson. Passes 6-0. The Chair does not vote. Thomson: Motion to recess for public hearing, seconded by Flannery. Passes 6-0. The Chair does not vote. 1. Continued Public Hearin2 - Site Plan Review Application #98-08 - Demolish existin2 structures and construct sin2Ie-storv. brick and precast concrete buildin2. containin2 approx. 13.000 sa.ft.. with ancillarv facilities includin2 but not limited to seventy parkin2 spaces. ATM facility. and landscapin2 improvements for use as a CVS/Pharmacy with drive-thru at northeasterly corner of Elliott and Rantoul Streets - G.B. New En21and 2. LLC, R Me2uerditchian & ARDI Co.. LLC Zambernardi reads a letter dated January 15, 2009 from attorney Mark Glovsky, on behalf of the developer, requesting a continuance. Thomson: Motion to continue this public hearing until February 17 at 8:00 PM, seconded by Harris. Passes 6-0. The Chair does not vote. Dinkin reconvenes the regular meeting. 2. Election of Officers for 2009 - Chairperson and Vice-Chairperson Dinkin passes the gavel to Thomson. Thomson requests nominations for Chair for the 2009 calendar year. Flannery nominates Dinkin for the Chair. All members vote in favor. The motion passes 6-0. Dinkin abstains. Thomson passes the gavel to Flannery for the election of the Vice-Chair. Thomson states that he is perfectly prepared to continue on as vice-chair but he would like the members to consider the other people of this board. Harris states that Thomson and Dinkin complement each other very well on this Board and he would like to see Thomson stay on as vice-chair. Thomson thanks Harris and states that he does not plan on leaving the Board, and he just wants the members to consider the other people on the Board. Planning Board January 20, 2009 Page 4 of 4 Dinkin nominates Thomson for the Vice-Chair for 2009. Dinkin: Motion to close the nomination process, seconded by Mack. Passes 6-0. Thomson abstains. Flannery closes the nominations. The members vote to approve Thomson for the Vice-Chair. Passes 6-0. Thomson abstains. 3. Approval of Minutes - 9/23/08. 10/6/08 (2 sets). 10/21/08. 11/18/08. 12/15/08 (2 sets) and 12/16/08 Harris: Motion to approve the minutes, seconded by Flannery. Passes 6-0. The Chair does not vote. Harris: Motion to adjourn, seconded by Dunn. All members and the Chair vote in favor. The motion passes 7-0. The meeting is adjourned at 8:25 PM.