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2009-03-17 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Planning Board, Regular Meeting March 17, 2009 City Council Chambers, Beverly City Hall, 3rd Floor Chairperson Richard Dinkin, Vice Chairperson John Thomson, Joanne Dunn, Ellen Flannery, Ellen Hutchinson, David Mack, Stephanie Williams Charles Harris Assistant Planning Director Leah Zambernardi Andrea Bray Chairperson Dinkin calls the meeting to order. New/Other Business a. Beaver Pond Road Open Space Residential Desi2n (OSRD) Site Plan (approved Julv 2008) - ReQuest for One Year Extension of ORD and SANR - Beaver Pond Road - Gwen Evitts Zambernardi states that Attorney Carmen Frattaroli, representing the applicant, submitted a letter requesting a one-year extension. She reads the letter into the record. Thomson states that this request is 4 months early and the OSRD language mentions not having made substantial use of the property, and the placing of conservation restrictions (CR's) on the lots would constitute substantial use, because once on the record, CR's cannot be undone. He adds this issue came up with him on a case he worked on in Wenham. He says that because the applicant is applying the CR, which is a substantial use, the applicant needs no further extension. Mack asks if the OSRD was conditioned on the execution of the CR, and Thomson says that it was. Thomson reads the OSRD ordinance section regarding the extension. Dinkin states that Frattaroli, in his practice, is extraordinarily conservative, and he would like to discuss this matter with Mr. Frattaroli. Thomson states that he would like the record to show that there IS no need for an extension because the CR constitutes substantial use. Planning Board March 17, 2009 Page 2 of 11 Thomson: Motion to table this discussion until the next meeting so the Board may discuss the topic with Mr. Frattaroli, seconded by Flannery. Passes 6-0. The Chair abstains. b. Beaver Pond Road Open Space Residential Desi2n (OSRD) Site Plan (approved Julv 2008) - ReQuest for Approval of Conservation Restrictions/Open Space Mana2ement Plan - Beaver Pond Road - Gwenn Evitts Zambernardi explains that a CR/Open Space Management Plan was required as part of the Beaver Pond Road OSRD Site Plan approval to protect the 3 open space parcels created as a result of the plan. She adds that Mr. Frattaroli has consulted with Planning staff, this Board, the Conservation Commission and the Executive Office of Energy and Environmental Affairs (EOEA) to develop two separate restrictions (for parcel 2, to be signed by the Planning Board, the Conservation Commission and the EOEA, and the other for the parcels 1 and 3, to be signed by the Planning Board and the City Council). Thomson states that these restrictions look fine, in substance, except for some small points: . Open Space Parcel 2 CR - Part 6(ii) - change the word "work" to "use"; Part B(7) - change the section references from "7A or 7B" to "6A or 6B". . Open Space Parcels 1 and 3 CR - Part 2 - amend the first sentence to read as follows, "The primary purpose of the open space shall be for the protection of wildlife, habitat preservation and conservation."; Part 9(ii) - change the word "work" to "use". Thomson: Motion to approve the 2 CR's presented with the above noted amendments, seconded by Flannery. Passes 6-0. The Chair abstains. c. North Shore Transportation Mana2ement Association (TMA) - Andrea Learv Zambernardi states that Tina Cassidy wrote a letter to the Board, dated March 6, 2009, regarding the North Shore Transportation Management Association (TMA). She states that Andrea Leary, with the TMA, would like to come to the April meeting to address the Board. Dinkin suggests that Zambernardi invite her to the April meeting. Hutchinson: Motion to recess until 8:00 PM, seconded by Mack. Passes 6-0. The Chair abstains. Planning Board March 17, 2009 Page 3 of 11 1. Public Hearin2 - Site Plan Review Application #99-09 and Inclusionarv Zonin2 Review - Beverlv Retirement Community - 145 Conant Street - Estate of Thomas J. Flatlev and Harvest Development LLC Zambernardi reads the legal public hearing notice. Zambernardi reads a letter dated March 13, 2009, from Attorney Mark Glovsky, requesting a continuation until April. She explains that the reason for this request is because there was a recent appeal of the Zoning Board decision on this matter. Mack: Motion to grant this continuance and schedule this hearing for April 21, 2009, at 8:00 PM, seconded by Dunn. Zambernardi states that this hearing will be held at the library. Flannery states that April 21 is during a school vacation week. She expresses concern that the library will not be large enough to handle the public hearing for this issue as well as the Black Cow issue. Thomson suggests using the Briscoe Middle School auditorium, or the senior center. Dunn suggests holding it on a different date. Much discussion ensues regarding the time, date, and location for this hearing, and the members finally determine that they will hold the meeting in the library as planned. The members vote on this motion. Passes 6-0. The Chair abstains. 2. Public Hearin2 - Site Plan Review Application #100-09 - Black Cow Restaurant - One Water Street - Joseph A. Leone and the City of Beverlv Zambernardi reads the legal public hearing notice. Dinkin describes the structure to a hearing of this type, stating that the applicant will make a full presentation, followed by clarifying questions from members of the Board, followed by clarifying questions from members of the public, and finally comments from the public. Planning Director Tina Cassidy presents an overview of the history of this site, including the RFP's, and the previous and current use and condition of the property. Peter Ogren, with Hayes Engineering, describes the plans for the site, beginning with the first floor, which will be designated for DP A uses and restaurant support space. He explains that the second level will house a public deck and the restaurant, with a total of Planning Board March 17, 2009 Page 4 of 11 329 seats (242 inside, and 87 seasonal seats out on the deck). He states that three different parking areas will be in use for the restaurant, with 67 spaces on the site, 61 spaces at the harbormaster's site, and 16 spaces on a nearby site referred to as the "Creamery Parcel". He clarifies that the parking spaces on the Creamery Parcel are not required to meet the zoning requirements. Cassidy explains that because that area is a State Designated Port Area (DP A), the State officials require the inclusion of 6 parking spaces for DP A use, and an additional 6 spaces are required for public recreational spaces, and each marina requires 14 spaces (one space for each 2 boat slips). Regarding the drainage, Ogren states that the site is currently entirely paved, and because this is a redevelopment site, they will make improvements, first with the addition of a landscaped area in the front of the restaurant, probably composed of decorative stone. Additionally, he states that the existing drainage will be concentrated in to one drainage system and go through a storm scepter before discharging into the harbor at two areas. Ogren states that the existing McDonalds used a sewer line that is no longer usable, so they will use another line that is under the pavement. Ogren explains that they will run new water lines into the site from the existing 8-inch line off Water Street. Ogren explains that the first floor of the building will be primarily dedicated to DP A uses, and will also provide restaurant storage, and dumpster storage inside. Cassidy provides additional information regarding the use for the first floor, stating that the City is considering using the area for tourist information, with ticket sales for discovery cruises or whale watches. She adds that they are also looking into having kayak rentals, or a meeting room or educational room. She confirms that the plan includes public restrooms. Bill Bergeron provides an overview of the traffic report, stating that they used an earlier study that was done for Congress Street in 2007, and another study conducted earlier in the City. He explains that the data was adjusted to project traffic levels given the additional seats at the restaurant. He adds that they also examined the crash rate at that intersection, finding the .27 crash rate to be well below the state average of .87. He states that the study found that there would be no additional level of service in that area, as currently that area ranks at a level of service C and it will still be C. Bergeron describes the traffic pattern entering the site and, if necessary exiting the site to access additional parking in the harbormaster's lot, stating that the cars will turn left onto Cabot Street and then right to access the parking. He adds that the restaurant will use a parking attendant during peak hours to redirect traffic, and signage will be posted at the Planning Board March 17, 2009 Page 5 of 11 exit point providing directions to additional parking. He states that the walkway from the harbormaster's lot to the site will be well-lit. Architect Doug Trees explains that this site involves 3 state agencies, each with jurisdiction on this site, so there have been dozens of meetings with state officials. He describes the 70' x 145' open public space in front of the restaurant on the waterfront, and states that the restaurant is limited to 25% of the site area. He shows the floor plan stating that the ground floor will contain 2000 square feet of space for the public and some space for restaurant storage and the dumpster will be inside and refrigerated. He shows the floor plan for the second floor delineating the three different seating areas and the public deck. He explains that the roof will enclose all of the mechanical equipment so it will not be visible from the bridge. Dinkin reminds the public that the topic of this hearing is the site plan and not the use. He provides examples of the issues included with the site plan review. He then asks members of the Board for their questions. Thomson asks how the pedestrians will travel from the creamery parcel to the restaurant. Both Cassidy and Bergeron provide options for pedestrians to walk to the site. Thomson asks about parking spaces under the bridge. Cassidy provides a brief recap of the parking. Thomson asks about the hours of operation. Black Cow Managing Director Mike Girardi states that the restaurant will be open 7 days/week, 11 :30 am - 1 :00 am. Cassidy states that the largest portion of the first floor is set aside for compliance with the terms of the grant and the DP A. She adds that the grant requires 6 parking spaces reserved for recreational uses of any kind, and the DP A requires 6 spaces reserved for DPA uses (fishing, kayaking, etc). Dinkin asks if the owner intends to assign or restrict the parking spaces other than the 12 others. Cassidy says that the spaces on the restaurant parcel will be metered. Thomson asks about the traffic flow in the site. Planning Board March 17, 2009 Page 6 of 11 Bergeron states that access is from Water Street and the cars will be able make a 3-point turn, and an attendant will be in the parking lot during peak hours. He describes the route for emergency vehicles, looping around the building and on a portion of the pier. Mack asks about the parking situation in N ewburyport. Managing Director Girardi states that there are 12 spaces in the front of the N ewburyport restaurant, and 10 spaces on the street, and a public parking lot across the street. Mack asks about the neighborhood impact in Newburyport. Bergeron clarifies that Water Street does not have any parking on either side, and there is some on Front Street, some on Cabot Street and some on Rantoul Street. Dinkin asks how close they are to the nearest residential use. Ogren studies the plan and determines that they are about 230 feet from the nearest residential use. Dinkin asks about the lighting plan for the parking lot. Ogren states that they are proposing a colonial type fixture, coordinated with those fixtures used at Ferryway Landing, with a maximum of 10 foot-candles. He adds that there is already lighting in the harbormasters parcel and the creamery lot. Dinkin asks for a description of the fa<;ade of the building. Doug Trees shows the sketch and states that this structure will have a clapboard fa<;ade in natural colors and a gray-shingled roof, similar to the Newburyport building. He shows a photograph of the Newburyport building. Williams asks if there is a brick walkway coming into the site from Cabot Street and Cassidy says that there is. Williams asks Bergeron to describe the process for cars turning around on the site when no parking is available. Bergeron illustrates the process for turning around and traveling to the other lot. Williams asks for an explanation of the traffic numbers. Bergeron states that there are standards used by the state to determine how they generate the traffic. He further describes the traffic study. Planning Board March 17, 2009 Page 7 of 11 Dinkin asks what the delta is between the standard and the number added to consider the restaurant. Bergeron states that they determined that there would be a total of 99 trips, and in the prior study that number equaled 50 trips, so there is a difference is 49 trips to account for the increased size of the restaurant. Dinkin asks why a different standard was used, and if it was revised down. Bergeron states that he doesn't know if it was revised down. Williams asks for clarification on the fire apparatus. Ogren states that he worked the footprint of the restaurant so that emergency vehicles can go around the restaurant, driving on the pier, and will not need to back up. Williams asks if the fire department is aware that this provision requires that the vehicles drive on the pier. Ogren says that he doesn't know if they are aware. Williams asks about the metered spaces. Cassidy states that this is to ensure they turn over. Williams asks about the uses for the first floor space. Cassidy states that they are exploring the uses and will make a determination that will comply with the conditions of the DP A that will also not conflict with Beverly zoning. Thomson asks how high the tide will get. Lou Bochinski, Harbor Facilities Manager, describes the tides, stating that the new moon high tides (the highest) will reach an elevation close to overtopping the high ground bulkhead areas, but it doesn't get up to the building. He adds that the City plans to raise the elevation of the bulkhead 1-2 feet as part of the restoration project. Thomson asks about the permitting process. Cassidy states that they will be filing with the Conservation Commission soon with a Notice of Intent, they have applied for a Chapter 91 license, and an "Indirect Access Permit" will be required from Mass Highway. Planning Board March 17, 2009 Page 8 of 11 Ogren clarifies that a property that fronts on a state highway will need an indirect access permit. Ogren states that landscaping will only be on the small area in the front and they plan to landscape that area with decorative stones. Dinkin opens for clarifying questions from members of the public. Michael Bates of 10 Blake Street asks what will happen to the one and only public dock in the City. Cassidy states that the dock will remain and be maintained by the City. Bates asks about the park. Cassidy states that there are no plans for the park, known as "F erryway Landing", but it will remain in place and Joe Leone has expressed interest in improving the furniture and plantings. Bates asks if the handicapped parking spaces will remain. Cassidy states that there will still be handicapped spaces. Duane Anderson of 157 Conant Street asks if the landscaped spot in front at the corner of Cabot and Water Streets will remain, and Cassidy states that it will. Rosemary Maglio of30 Pleasant Street states that the chart shows that the harbormaster's building will be moved onto the public walkway. Cassidy says that she will check on the Chapter 91 licenses, pending application for modification, to find the exact location of the harbormaster's building. Maglio asks where the harbormaster will park. Cassidy states that there will be a harbormaster's building somewhere on that site. Maglio asks where the harbormasters building will be. Ogren states that the Marina Management building will be the harbormaster's building. Rick Crean of 13 Blake Street asks about the traffic study. Bergeron says it is based on the peak hours, and that four consecutive IS-minute intervals constitute the peak hour. Planning Board March 17, 2009 Page 9 of 11 Crean asks about valet parking. He expresses concern about the attendant moving people around. Bergeron states that valet parking will not be offered. Bill Finch of 50 Front Street asks about the timing and coordination in the development, expressing concern that the restaurant will be finished before the City finishes working on the pier and seawall. Cassidy states that it is more cost effective for them to complete the improvement on the pier and sea wall at the same time that the Black Cow is being constructed so she expects the work on both projects to be complete at roughly the same time. Suzanne Larkin of 6 Cottage Lane asks if the creamery parking lot is currently sitting vacant. Cassidy states that it currently has no official use and some of the patrons of the Anchor Pub might park there occasionally, but those spaces are not necessary to meet the zoning requirements. Larkin asks if these numbers could be revised to be realistic, because those spaces might be taken. She asks how many employees the Black Cow has during the peak in N ewburyport. Managing Director Girardi says that there are 30 employees working in the building during the peak. Trees clarifies that the employees will park off site. Larkin asks where the 30 employees will walk to when they return to their cars at 1 :00 or 2:00 am. Ogren says that Mr. Leone is talking to some nearby businesses in the area regarding leasing parking spaces for the employees. Chris Granese of 45 Rantoul Street asks how many businesses there are in the 500 feet radius. Cassidy states that there are no other businesses in the area. George Whitney of 5 Cogswell Avenue asks if it is legal to park beneath the bridge, and if the City has an easement for that area. Planning Board March 17, 2009 Page 10 of 11 Cassidy states that parking is legal under the bridge. Whitney asks if the 12 parking spaces that are reserved for uses other than the restaurant will be metered. Cassidy states that those spaces will not be metered. Therese Sauvageau of 20 Cabot Street asks why the commercial pier is not fixed yet. Cassidy states that there is bond money for the repairs, but the City must also pay into the project and the lease of the property to the Black Cow will provide the City with sufficient funds to float the bond for the work on the commercial pier. Melissa Oraibi of 5 Wadsworth Place expresses concern about the flow of traffic in the restaurant parking lot because there is one way in and one way out. She asks if there is direct access for cars to go from the site to the harbormaster's parking lot. Dinkin states that cars will be able to make a 3-point turn in the restaurant parking lot and the two parking lots are not directly linked. Oraibi asks what will happen if there are many cars trying to make a 3-point turn, and whether there is enough room for two cars to pass by each other. Ogren states that there will be enough room and the lanes in the lot are designed for two- way traffic. Sue Kinzie, who owns Beverly Port Marina, states that no businesses in that area are negotiating any parking with the Black Cow. She asks whether the City has allocated parking spaces for the harbormaster's cars. Cassidy states that any extra vehicles will need to be removed. Kinzie states that there may be a need for more spaces. She adds that the parking study needs to be reconsidered now that the new access road in Salem is now open. Frank Kinzie of 136 Washington Street asks if measures are in place for enforcement of the other spaces. Cassidy states enforcement of those spaces will be handled by the Beverly Police Department, and any complaints for lack of parking should be made to the BPD. Dinkin asks for a motion to recess this hearing until next month. Planning Board March 17, 2009 Page 11 of 11 Mack: Motion to recess and continue this hearing until April 21, 2009 at 9:00 p.m., seconded by Flannery. Passes 6-0. The Chair abstains. Mack: Motion to adjourn, seconded by Flannery. All members and the Chair vote in favor. The motion passes 7-0. The meeting is adjourned at 11 :00 p.m.