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2010-05-19 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: Planning Board, Regular Meeting MEMBERS PRESENT: May 19, 2010 City Council Chambers, Beverly City Hall, 3rd Floor Chairperson Richard Dinkin, Joanne Dunn, Ellen Flannery, Charles Harris, Ellen Hutchinson, David Mack, James Matz John Thomson Assistant Planning Director Leah Zambernardi Andrea Bray MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Chairperson Dinkin calls the meeting to order. Flannery: Motion to recess for public hearing, seconded by Harris. Passes 6-0. 1. Public Hearim!:: Site Plan Review Application #101-10 - Expansion of the Italian Communitv Center buildim!: for interior renovations of multi-function room. communitv room. sports bar and amenities - 302 & 292 Rantoul Street - Italian Communitv Center Zambernardi reads the legal public hearing notice. Architect Brian DeLouiso ofDanvers states that the direct abutters to this property are the owner of 93 Park Street and 288 Rantoul Street. He explains that the building at 292 Rantoul Street was originally a barber shop/residence. The ICC purchased it and tore it down. DeLouiso states that the storage container that is currently on the parking lot will be removed and the stored material will go into the addition. He explains that all utilities will remain except for a new stormwater drainage system that will collect all of the rainwater that will come off of the 2-story addition and a lower sidewalk near 288 Rantoul Street. He adds that the stormwater will be directed into an existing catch basin on Rantoul Street. He says that they will install new rooftop equipment with lower decibel levels than the existing equipment. Additionally, he states that exterior ductwork will be insulated. Delouiso states that the existing parking lot will not change, and there is more than adequate parking. He describes the project as a 27-foot x 88-foot addition. Planning Board May 19, 2010 Page 2 of9 Delouiso explains that zoning will require a landscape buffer on the yard between the ICC and 288 Rantoul Street, so they plan to install a 2-inch green screen (mesh of wire with Boston Ivy). Additionally, he states that an exterior down light will be installed for this means of secondary egress. He says that the Boston ivy will wrap around the corner to the front of the building and extruded bricks will be turned vertically for additional interest to the facade. He says that an illuminated display case will be installed in the area where the catering door currently exists next to the main entry on Rantoul Street. Hutchinson asks about the original use of the building at 292 Rantoul Street. DeLouiso states that it was a barbershop and a residence. Harris asks about the narrow space between the buildings. DeLouiso states that it will be 3.9-feet wide and narrows down to 1.2-feet wide and a gate will prohibit access from Rantoul Street as it is only to be used as a means of secondary egress. Zambernardi states that a special permit will be needed because this property is expanding more than 25%. Mack asks Zambernardi if the Board cannot act on the site plan tonight. Zambernardi states that the Board should act on the use prior to acting on the site plan. Mack expresses concern about the ivy and asks if the Board has the ability to waive that requirement. Matz states that he has the same concern and he would prefer to see only the fa<;ade without the ivy. He adds that the ivy will be too much to maintain and will be an issue for the abutter. Dinkin asks for additional questions from the Board. There are no further questions. Dinkin asks for questions from the public. Wayne Wendell of9 Hood Farm Road in Ipswich, owner of288 Rantoul Street, expresses concern about the narrow space between the two buildings, mainly because of the potential for structural impact to his building, and also because of the sound. DeLouiso states that the new units on the roof will produce less sound per unit and the sound will project horizontally toward his roof, not toward his windows. Wendell states that some under pinning will be necessary. Planning Board May 19, 2010 Page 3 of9 DeLouiso states that an under pinning will be required and they will use helical piles that act as screws and go into the ground. He adds that the Connolly Brothers will be the contractor. Dinkin asks Wendell if it will help him if the applicant conducts a preconstruction inspection and qualifies the construction. Wendell states that it would be good but he needs about 2 weeks to review the plans. Dinkin states that he can actually have about one month. Steve Tosi of286 County Way in Beverly, president of the ICC, states that he would be happy to meet with Wendell to review the plans. Wendell states that he needs to see structural details and Tosi agrees to this. Dinkin asks for additional questions from the public. There is no response. Dinkin asks for comments in support of the project. There is no response. Dinkin asks for comments in opposition of the project. Mary Beckman of 15 Larcom Avenue is a member of the design committee for Beverly Main Streets. She reads a letter from Main Streets Executive Director Gin Wallace that expresses concern about the design of the fa<;ade and recommends possible design changes such as recessed wall elements, a mural, pedestrian scale lighting, and an enhanced marquis element off of Rantoul Street. Mack: Motion to recess this public hearing until June 15,2010, at 9:00, seconded by Flannery. Passes 7-0. 2. Public Hearim!: & Public Comment Period - OSRD Initial Review Application #02-10 -1 Lakeshore Avenue - Lake Shore One Avenue Realtv Trust Zambernardi reads the legal public hearing notice. Bob Griffin of Griffin Engineering speaks about the project stating that the OSRD application is for the creation of some ANR lots, including a pork chop lot. He explains that the site has been through the ANRAD process and approved by the Conservation Commission last month. He points out the isolated wetland that is regulated by the Beverly Conservation Ordinance. He adds that the applicant hired a landscape architect to review the site, and they found that no significant viewsheds exist on this site. Planning Board May 19, 2010 Page 4 of9 Griffin displays the yield plan with a cul-de-sac and states that it conforms to all of the conventional sub-division rules and regulations and calls for 9 buildable lots. He explains that one or two lots might encroach on the wetland. Dinkin states the yield plan must be waiverless and that Griffin could expedite his process by presenting a yield plan with one fewer lot. Griffin clarifies that the plan is a "waiverless" plan. Griffin displays the preferred plan, which provides for only 3 additional lots and contains more than 50% of the buildable area to be reserved as open space. He states that all of the utilities for the ANR lots will come directly off of Lake Shore Avenue. He explains the waivers requested by the applicant: . A waiver of the requirement of the 25-foot buffer to put a fence and landscaping on the side of lot 1 and the side of lot 4 . A waiver from the 100-foot buffer to the wetland for landscaping oflot 1 and the driveway for the existing lot . A waiver to the requirement for a homeowners association so that the open space parcel can be held in a trust by the owner of lot 2 . A waiver for the requirement to post a cash bond with the City for the maintenance of the open space Zambernardi reads the following letters into the record: Dated May 19, 2010, from David Lang, Chairman of the Conservation Commission Dated May 19, 2010, from Elizabeth Dunne, Chair of the OSRC Dated May 14, 2010, from William T. Burke, Director of the Board of Health Zambernardi states that she also received a comment letter from a member of the public. Dinkin states that she can read that letter later. Dinkin asks for questions from the Board. There are no questions. Dinkin asks for questions from the public. Paul Guanci of 54 Cross Lane states that the plan that they have submitted is far better than things that they could do. He asks if they will have to blast and, if so, whether a pre- blast survey will be conducted Griffin states that they will blast and they will conduct the pre-blast survey. Guanci asks about the location of the driveway on lot 1. Griffin points out the area of the driveway. Planning Board May 19, 2010 Page 5 of9 Guanci states that the wetland behind his house fills during the rain and water flows through his property to his neighbor's and then to Lawrence Brook. Griffin states that the back corner of Lot 1 drains into the wetland. He added that the City could improve the problem by fixing the storm drain that clogs. Richard Lampman of 57 Cross Lane states that there is a great deal of water coming off of that property in the recent storms and into the street in front of his house. Much discussion ensues regarding this issue. Lampman asks if there is any compelling reason why these waivers should be granted. He asks the Board to give that careful consideration. Dinkin asks Lampman what the neighborhood looks like today with this rainstorm. Lampman states that there is very little water today because there has not been a heavy rainstorm. Donna Lampman of 57 Cross Lane expresses concern about the traffic pattern on Cross Lane. William Isler of 17 Lakeshore Ave states that he has been an abutter to the property for 34 years. He explains that some significant trees were cut down on his property when his neighbors built the tennis court. Further, he says that a huge crack occurred in his foundation when the neighbors built the swimming pool. He states that it is because of these events that he is concerned about the integrity of the project. Additionally, he advises the board that the people across the street incurred damage to their house so that their front door could never close properly again. Isler states that the road is currently green and bucolic and he is terrified of what will happen when all of these little houses are put there. Dinkin recess this hearing until 8:55 pm. Dinkin calls the hearing back to order. Edith Isler of 17 Lakeshore Avenue expresses concern about the relaxation of the buffer zone, stating that there is ledge and if the buffer is relaxed the ledge might be blasted out to allow for a more compatible lot, and there would be a little cliff there and that will impact a lot of trees between her lot and lot 4. Zambernardi reads a letter dated May 19, 2010 from Edith Isler of 17 Lakeshore Avenue. Planning Board May 19, 2010 Page 6 of9 Renee Mary of274 Hale Street asks the Board if they will continue this hearing. Dinkin states that there are 2 issues, (1) the yield plan, (2) the comment period on the preferred plan. Hutchinson: Motion to close the public hearing on the OSRD yield plan, seconded by Mack. Passes 6-0. The Chair abstains. Mack: Motion to keep the comment period open, seconded by Flannery. Passes 6-0. The Chair abstains. 3. Public Hearim!: - Special Permit Application #122-10 - Create One Pork-Chop Shaped Lot - 865 Hale Street - Kevin and Sue Barrv Zambernardi reads the legal public hearing notice. Kevin Barry of 865 Hale Street states that he wishes to create a pork chop lot because there is a chance that the zoning will change and he will lose his opportunity to add an additional lot if that happens. He states that his plans meets all of the requirements for a special permit. Richard Davis of30 Preston Place states that his wife's family owns a lot on the other side of 865 Hale Street. He explains that the zoning there was originally much larger and it was changed a few years ago and the seaward side of the railroad tracks was established as 2 acre zoning and the other side was reduced to 10,000 square foot zoning. He adds that he is glad to hear about the possibility of changing it back. He comments that it was a mistake to have those properties designated for 10,000 square foot lots. Davis explains that the town of his winter home requires neighborhood compatibility, where an applicant is required to show evidence that they contacted the neighbors and discussed the plans. He says that he wishes this were done here. Barry states that the lot being created is approx 1.6 acres and the existing lot would be 2/3 of an acre. Dinkin recesses the public hearing until 9:05 PM. Dinkin reopens the public hearing. Al Brown at 903 Rear Hale Street states that he is the closest neighbor and he has recently inherited the home from his parents. He explains that his home has had a serious flooding issue for the 15 years that his family has owned the property. Planning Board May 19, 2010 Page 7 of9 Barry states that he went before the Conservation Commission and met with AI's father and the Lewises. He adds that the house on the new lot would have a full gutter system that would drain into a drywell in the middle of his property and the driveway would have a pervious surface. Bob Lewis of 903 Hale Street asks for specific information about the location of the house on the site. Dinkin states that the Board is not required to determine where the house will be sited on the lot. Zambernardi states that this property is subject to OSRD. Lewis states that there was no public notice sent to him about the Conservation Commission meeting. R. 1. Lyman of 852 Hale Street said that he received no notice, and that he wishes he had known about the Conservation Commission meeting. Zambernardi asks Barry if the Conservation Commission was providing comments at the meeting. Barry states that the members of the Conservation Commission discussed his plans. Zambernardi states that the meeting was not a public hearing and Barry would still be required to hold a public hearing when he decides to develop the lot. Bob Lewis expresses concern about drainage issues and water runoff. Zambernardi explains that this tract ofland is subject to the OSRD ordinance and Mr. Barry mentioned at the previous meeting that he intends to request a waiver of the OSRD. Joseph Gal of 861 Hale Street expresses concern about the value of his property stating that he would like to see a written description of the kind of house that could be built there. Dinkin states that this would be an agreement between private parties. R. 1. Lyman of 952 Hale Street states that he has no problem with this pork chop lot but he wishes to point out that it covers a tract of land being developed as a single project that abut a tract owned by a developer that wishes to develop. He cautions the Board to state very clearly the specific reason for that approval of the pork chop lot so as to avoid setting a precedent that would allow, elsewhere in the City, a loophole for the development of individual contiguous lots that could bypass the OSRD requirement. Planning Board May 19, 2010 Page 8 of9 Dinkin states that Lyman presents and interesting concept and he would like to run that determination by the City Solicitor at some point. Wayne Earl of 841 Hale Street asks if the right of quiet enjoyment would effect the Board's decision. He expresses concern about the traffic on that part of the street. Dinkin closes the public hearing. 5. Discussion/Decision: OSRD Initial Review Application #03-10 -1 Lake Shore Avenue - Lake Shore One Avenue Realty Trust Mack: Motion to accept the yield plan, seconded by Hutchinson. Passes 5-0. Harris abstains. Hutchinson: Motion to designate Plan C5 as the preferred plan, seconded by Flannery. Passes 5-0. Harris abstains. 6. Discussion/Decision: Special Permit Application #122-10 - 865 Hale Street- Kevin and Susan Barrv Zambernardi reads the following letters into the record: Dated May 18, 2010, from David Lang, Chair of the Conservation Commission. Dated May 18, 2010, from Frank Killilea, City Engineer Dated May 17, 2010, from Sergeant Joseph Shears, Traffic Safety Officer Dated May 14, 2010, from William T. Burke, Department of Health Dated April 26, 2010, from William Fiore, Lieutenant, Beverly Fire Department Amy Maxner, Conservation Agent, Supplemental Memorandum Mack: Motion to approve the special permit application as the criteria for granting a pork chop lot special permit have been met (he reads them), seconded by Harris. Passes 6-1. Hutchinson votes in opposition. 7. Set Public Hearim!: Date: Special Permit #123-10 - Construction of 79.200 s.f. addition for li2ht industrial and stora2e in Watershed Protection Overlay District- s & D Real Estate Trust Harris: Motion to schedule this public hearing for June 15 at 8:00 p.m., seconded by Matz. Passes 6-0. The Chair abstains. 8. Set Public Hearin2 Date: Special Permit #124-10 - Create One Pork-Chop Shaped Lot -1 Lake Shore Avenue - Lake Shore One Avenue Realty Trust Planning Board May 19, 2010 Page 9 of9 Zambernardi states that this public hearing is already scheduled for 9:30 PM on June 15, 2010. The Chair abstains. 9. Set Public Hearin2 Date: Special Permit #125-10 - 292 & 302 Rantoul Street- Italian Community Center (ICC) - Expansion over 25% of a private club in the CC Zone Flannery: Motion to schedule this public hearing for June 15,2010 at 9:00 PM, seconded by Mack. Passes 6-0. The Chair abstains. 10. Special Permit #119-08 and Site Plan Review #96-08 for Lot C-l. Sam Fonzo Drive (approved June 2008) - ReQuest for Additional Two-Year Extension- Kelleher Construction Zambernardi reads a letter dated May 5,2010 from John C. Kelleher III. Mack: Motion to approve the extension of the special permit, seconded by Flannery. Passes 7-0. 12. Plannin2 Board Notice of Chapter 91 Waterways License Application - 14 Foster's Point - non-commercial dockin2 and boatin2 access to navi2able waters Dinkin notifies the Board of the application. 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 10:00 PM.