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2011-05-17CITY OF BEVERLY MASSACHUSETTS REGULAR MEETING MINUTES BOARD OR COMMISSION: Planning Board SUBCOMMITTEE: DATE: Tuesday, May 17, 2011 LOCATION: Beverly City Hall, Council Chamber, 3 rd Floor PLANNING BOARD MEMBERS PRESENT: Chairman Richard Dinkin, Vice Chairman John Thomson, Michael O'Brien, Charles Harris, Ellen Hutchinson, Ellen Flannery, James Matz MEMBERS ABSENT: David Mack OTHERS PRESENT: Planning Director, Leah Zambernardi RECORDER: Diana Ribreau Dinkin called the Regular Meeting of Beverly Planning Board to order at 7:30 p.m. Subdivision Approval Not Required Plans (SANR's) 15 -17 Williams Street Zambernardi informed the Planning Board that there is one SANR for 15 -17 Williams Street, Beverly. Zambernardi stated that Lot A2 owned by Toby's also contains parcel 3 which is in an R10 district. The plans are to cut off parcel 3 from Lot A2 to be owned by Daniel Alex Gilbert. The Toby's area is decreasing but not under the 10,000 s.f area requirement and Gilbert's area will be increasing. Zambernardi stated that there is one issue pertaining to the addresses and name, which should be referenced in the title block and currently is not. The Surveyor could not be reached today to add the information to the survey but other than that the plan conforms to the Board's rules. Thomson: Made a motion to endorse the SANR subject to the applicant submitting the appropriate address and name to the survey. Motion seconded by Flannery. Motion passes 6 -0 -1 with the Chair abstaining. Pending Application for Modification of Wellington Heights Definitive Subdivision (a.k.a. Oak Hill Estates Subdivision) — Request for Waiver of Owner Signature on Form C Application — Glenn Wood on behalf of Roundy Estates, LLX Public Meeting Minutes — Beverly Planning Board May 17, 2011 Page 2 of 6 Zambernardi informed the Planning Board that Glenn Wood is absent from the meeting but that he submitted a letter to the Planning Board asking for additional time and requesting a continuance until the next Regular Planning Board meeting scheduled for June 21, 2011. Zambernardi read Mr. Wood's letter dated May 17, 2011 aloud for the record. Harris: Made a motion to accept the request for the continuation on the waiver request until June 21, 2011. Motion seconded by Thomson. Motion passes 6 -0 -1 with the Chair abstaining. City Council Legal Affairs Committee Request for Planning Board Comments — Proposed Amendments to Watershed Protection Overlay District Ordinance and May — Discussion/Recommendation. Dinkin asked the Board if they felt more time is needed on the matter. Zambernardi said that the Planning Director is in process of submitting a recommendation to the Legal Affairs Committee of the City Council. A redline version of the proposal overlaying the differences between the existing ordinance and the proposed ordinance has been submitted to the Board for review. Zambernardi stated that several comment letters from the Open Space Commission, Conservation Commission, Beverly /Salem Water Supply Board, and the Airport Commissioner have also been given to members. Zambernardi gave a brief summary of the comment letters. She stated that Planning Staff reviewed the proposed changes to the Ordinance and submitted some comments to the Board as well. Dinkin stated that the Planning Board discussed the matter already but will not conclude until the Planning Director has an opportunity to fully review the Ordinance and submit any concerns. Thomson asked Zambernardi if, in her point of view, there are any downsides to the proposal that the Planning Board should be concerned with. Zambernardi replied that there is a summary included in the staff report that outlined some concerns. She summarized the concerns. Thomson agreed that there is some overlap between the proposed ordinance which already appears to be covered in the existing Zoning Ordinance. Thomson added that some things have to be "As of Right" with respect to residential development. Hutchinson agreed. Zambernardi pointed out that Cassidy has more to add to the list of concerns from the Planning Department. Zambernardi noted that the Open Space Committee and the Conservation Commission are supportive of the concept but not necessarily the nuts and bolts of the amendments proposed. Pam Kampersal of the Safe Drinking Water Alliance addressed the Board. Public Meeting Minutes — Beverly Planning Board May 17, 2011 Page 3 of 6 Thomson asked about language pertaining to Septic Systems being prohibited and asked if that section of the Ordinance includes the entire Watershed Protection Overlay District. Kampersal stated that the City of Beverly has worked to make sure that new buildings are on city sewer throughout Beverly, not just in the Watershed area. As new developments come up those projects would go to city sewer and not septic systems. Dinkin asked if there are small parcels of land sufficiently remote enough to make it economically infeasible to be on City sewer. Kampersal replied that there might be areas in Ward 6. She stated that most of the ordinance complies with Department of Environmental Protection. Thomson stated that he supports the concept and that the City should take all reasonable steps to protect the City's water supply. Zambernardi stated that Ward 4 Councilor, Kevin Hobin originally gave the Board until April 1, 2011 to make comments. Zambernardi informed him of where the Planning Board was with the matter and he seemed flexible and doesn't feel it would be an issue to extend the date for comments. Thomson stated that the Board should collect all comments including Planning Director Cassidy's comments. The Board agreed. Matz asked for clarification on properties that already have a substantial parking lot and if they look to expand. Matz mentioned some outside comments and concerns that were brought to his attention personally including comments about existing retail service stations and storage and usage of hazardous materials. Dinkin tabled the discussion until such time that the Board can consider Planning Director Cassidy's comments. Flannery made a motion at 8:00 p.m. to recess the regular meeting and reconvene for scheduled public hearings. The motion was seconded by Hutchinson. Motion passes 6 -0 -1 with the Chair abstaining. Public Hearing: Proposed Amendment to "Open Space Residential Design (OSRD) Site Plan Ordinance Rules and Regulations — Revisions to Plan Submission Requirements Section 3 and 4. Zambernardi read the legal notice for the record. Zambernardi referred Members to Appendix C and she noted that the City has had OSRD on the books since 2005 and the City has had 3 OSRD submissions during that time. Amendments have been made to address issues that have been observed during the permitting of these plans. She described the amendments and noted that a change would Public Meeting Minutes — Beverly Planning Board May 17, 2011 Page 4 of 6 be revisions to the Preferred Plan procedures. She stated that in practice, the Board will review 2 or 3 Concept Plans and refine one of them into a Preferred Plan. She stated that the requirement of submission of a Preferred Plan prolongs the process. Matz requested confirmation that the Concept Plan evolves over time with comments from the Board and the Applicant which then becomes the Preferred Plan. Zambernardi responded yes and that the OSRD Site Plan is generated from the Preferred Plan. She further discussed the process with the Board. Thomson stated that narrowing /amending a Concept Plan over a series of meetings and selecting it as a Preferred Plan keeps from having additional engineering plans done, when the Plans are not actually ready to move forward. It becomes a waste of time and the developer's money. Dinkin closed the public hearing and reconvened the regular meeting. Discussion/Decision: Proposed Amendment to "Open Space Residential Design (OSRD) Site Plan Ordinance Rules and Regulations — Revisions to Plan Submission Requirements. Thomson made a motion to adopt the revisions as presented. Motion seconded by Matz. Motion passed 6 -0 -1 with the Chair abstaining. Set Public Hearing Date — Special Permit Application #127 -11 and Inclusionary Housing Application #02 -11 — Convert existing property to 32 studio apartments for supportive veterans housing with additional studio unit for live -in responder — CC Zone — 60 Pleasant Street (a /k/a 62 Pleasant Street) — Pleasant Street Apartments — Windover Properties, LLC. Zambernardi gave a brief overview of the application. Thomson made a motion to set the Public Hearing and public meeting date for Special Permit Application #127 -11 and Inclusionary Housing Application #02 -11 respectively to June 21, 2011 at 7:45 p.m. Motion seconded by Hutchinson. Motion passed 6 -0 -1 with the Chair abstaining. New or Other Business a. Continued Discussion/Recommendation: City Council Order #57, part b. Amendments relative to Green Communities. Zambernardi read a memo dated May 17, 2011 from Planning Director Tina Cassidy regarding the proposed zoning amendments to Section 29 -19 with suggested additional language reflective of the Board's discussion from the previous night. Public Meeting Minutes — Beverly Planning Board May 17, 2011 Page 5 of 6 Thomson stated that he is satisfied that the questions raised by the Planning Board have all been addressed. Harris made a motion to accept Planning Director Cassidy's suggested edits. Motion seconded by Matz. Motion passed 6 -0 -1 with the Chair abstaining. Thomson made a motion to recommend to the City Council that it adopt the proposed amendment. Motion seconded by Flannery. Motion passes 6 -0 -1 with the Chair abstaining. b. 875 Hale Street — OSRD Review in June Zambernardi talked to the Board about eligible voting members pertaining to 875 Hale Street which is scheduled to be discussed at the June 21s meeting and asked what members plan to attend and who may not be able to attend to ensure that there are enough voting members. The OSRD Site Plan had a Public Hearing on May 10, 2011 and July 13, 2011 is the decision deadline. Five members are required to have a quorum. Zambernardi read the names of those board members required to vote. Dinkin recessed the Regular Meeting for a scheduled public hearing. Public Hearing — Proposed Amendment to "Submission Requirements, Procedures & Supplemental Regulations" for Inclusionary Housing — Fee in Lieu of Creating Affordable Housing Units. Thomson made a motion to waive the reading of the Public Hearing notice. Motion seconded by Flannery. Motion passed 6 -0 -1 with the Chair abstaining. Zambernardi gave a brief summary from when the city adopted the Inclusionary Housing Ordinance in 2007. She stated that the Planning Board adopted Rules and Regulations earlier in the year. She stated that at the time the Board adopted a fee in lieu of providing affordable units as a stop gap measure until such time that the Board can spend more time determining a fee. She stated that a subcommittee worked on Zambernardi's initial proposal. This committee included Ellen Hutchinson, James Matz and Joanne Dunn. She referred Members to a copy of the proposal. Hutchinson further explained the proposal. Dinkin gave a brief overview to the public. Renee Maray - 274 Hale Street, requested a copy of the proposal. Dinkin closed the public hearing. Hutchinson made a motion to adopt the proposed amendment. Motion seconded by Matz. Motion passed 6 -0 -1. Public Meeting Minutes — Beverly Planning Board May 17, 2011 Page 6 of 6 Hutchinson made a motion to adjourn the meeting at 8:38 p.m. Motion seconded by Matz. Motion passed 6 -0 -1 with the Chair abstaining.