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2011-09-13CITY OF BEVERLY MASSACHUSETTS REGULAR MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Planning Board Tuesday, September 13, 2011 Beverly City Hall, Council Chamber, 3 Floor Chairman Richard Dinkin, Michael O'Brien, Charles Mack, James Matz Vice Chairman John Thomson, Harris, Ellen Flannery, David Ellen Hutchinson Assistant Planning Director, Leah Zambernardi Diana Ribreau Dinkin called the Regular Meeting of Beverly Planning Board to order at 7:30 p.m. 1. Subdivision Approval Not Required Plans (SANR's) a. 44 Prince Street — David and Sheri Carnevale — Minor Lot Boundary Changes. Zambernardi gave an overview of the plans. She stated that the Board endorsed a SANR plan in October 2010 creating two residential building lots where one previously existed in the R45 Zone. The Land Court reviewed the Plan and is requiring that the Lot 1 parcel boundary descriptions be slightly revised so that the description better fits the observed location of certain survey monuments. As a result, the area of Lot 1 would be reduced by approximately 40 s.f and the frontage would be reduced by .29 -feet. There would be no changes to the Lot 2 boundary. The Applicant is asking the Board to endorse a new plan reflecting the minor change to Lot 1. Matz requested clarification on the access. Zambernardi responded. Thomson asked for clarification on what boundaries would change. Zambernardi responded. Thomson made a motion to endorse the SANR Plan as submitted for 44 Prince Street. Motion seconded by Flannery. Motion carried 6 -0 -0. b. 128 Park Street — Eugene T. Sullivan, Inc. and Wayne Realty Trust Gene Sullivan, Engineering Consultant, Eugene T. Sullivan, Inc., 230 Lowell Street, Wilmington, MA was present and reviewed the SANR Plans. Sullivan described the plan to subdivide an approximately 5,000 s.f parcel of land from land of North Shore Volkswagen and convey it to property of Wayne Realty Trust. He stated this ANR plan supports Wayne Realty Trust's plans Regular Meeting Beverly Planning Board September 13, 2011 Page 2 of 7 to build 2 industrial garage type structures for use as contractors /craftsman shops. Sullivan presented the basic architectural plans. He informed Board members that the drainage plans meet or exceeds the City of Beverly's requirements. Thomson stated that the ANR plan shows Lots Al and A2 as freestanding lots. Thomson stated that Lot A2 is not a building lot and this fact needs to be documented on the plans. Sullivan concurred. Thomson made a motion to endorse the plan as a SANR Plan and to authorize the Chair sign the plan only after it is amended to include a notation that t Lot A2 is not a separate building lot. Motion seconded by Mack. Motion carried 6 -0 -0. 2. Request to Set Public Hearing Date: Site Plan Review Application #104 -11 — 128 Park Street — Eugene T. Sullivan, Inc./Wayne Realty Trust Sullivan stated that the project he described for 2 industrial garage structures at 128 Park Street requires Site Plan approval from the Planning Board. Sullivan asked to set a public hearing date. Thomson made a motion to set a public hearing date for October 18, 2011 at 8 p.m. Motion seconded by Flannery. Motion carried 6 -0 -0. 3. Continued Discussion/Decision: Special Permit Application #127 -11 and Inclusionary Housing Application #02 -11 — 60 Pleasant Street — Pleasant Street Apartments — Windover Properties, LLC Dinkin reminded members of public that the Public Hearing is closed and the Planning Board will not be soliciting public comments on any new information since the closing of the Public Hearing and any new information may not be considered in making a decision. Dinkin asked that the representative for the Applicant make a brief summary of the application. Attorney Miranda Gooding, Glovsky and Glovsky, representing Windover Properties, summarized all key points previously addressed at the last Planning Board meetings of June 21, 2011 and July 19, 2011. Gooding stated that the only relief required for a special permit is to allow more than 75% residential use in an otherwise mixed -use building in the downtown CC Zoning District. The Plan complies with applicable dimensional, parking, and site controls under the Zoning Ordinance. Gooding stated that the controversy over the proposed Plan from neighboring residents that was addressed has been the use of the building for veterans housing and the feeling that the project is not an appropriate use because of too many homeless shelters and veteran services already in Beverly. Gooding referenced Character of Use; Section 29 -28.0 of the Zoning Ordinance and stated that it regards to character of use and impact on surrounding property. Gooding highlighted the use of the building and stated that documents have been previously submitted to the Planning Board and for the record. Gooding reviewed and discussed the following: property use; management; partnership with Peabody Properties; staffing; security; substance and character Regular Meeting Beverly Planning Board September 13, 2011 Page 3 of 7 of the building. Gooding added that the building is a historic one and it will be historically renovated, it is ADA Compliant, and it is a "Green" Project, which will enhance the neighborhood; not take away from it. Windover Properties is proposing the project for this building in keeping with other developments in the downtown area and it is a smart growth project. Gooding noted that there have been many in opposition to this project over the parking. Gooding responded that no matter how the building is reused there will be more parking required than what is available. She stated that the proposed project for permanent veteran housing would have far less traffic than any other use for this building. Under the City Ordinance, the project can ascertain 29 units rather than 32 units "As of Right ", which would eliminate the Special Permit requirements all together. However, Windover Properties believes that it is a better project both financially and programmatically with 32 units, which will bring in additional cash flow, which results in additional services. Gooding added that a 32 -unit project does not pose any material difference or impact on this neighborhood from a practical matter than a 29 unit "As of Right" project would. Gooding closed with stating that the plans present a quality project that has been well planned. The project will have a proven program with supportive services, security features, and it will be compatible for the existing neighbors. She stated that the project satisfies the special permit criteria as stated in the Zoning Ordinance. Gooding respectively asked the Planning Board for a favorable vote on the Special Permit Application. Gooding presented additional procedural notes to the Planning Board: 1. If there is a favorable approval for the Special Permit Request, Gooding stated that they could come back for the pending application for the Inclusionary Housing Ordinance approval. 2. Gooding requested a change to the configuration of commercial space detailed in the application and floor plan previously presented. She said that whatever tenant may occupy the space may want to reconfigure it slightly. Gooding requested that the Planning Board allow that the Building Inspector has the authority to approve an alteration as long as it complies with the Zoning Ordinance and that it has to have some commercial space on the ground floor. Gooding submitted the official request to the Planning Board for the record. Thomson made a motion to lay this discussion on the table until the upcoming scheduled Public Hearing is complete. Motion seconded by Mack. Motion carried 6 -0 -0. Harris made a motion to recess the Regular Meeting and reconvene for the scheduled Public Hearing. Motion seconded by Flannery. Motion carried 6 -0 -0. 4. Public Hearing: - Special Permit Application #128 -11 and Site Plan Review Application #103 -11 for the construction of a commercial 50' by 125' building for contractor's shop /office space — 30 LP Henderson Road — Cicoria Tree & Crane Service Regular Meeting Beverly Planning Board September 13, 2011 Page 4 of 7 Zambernardi read the public hearing notice for the record. John Morin, Neve Morin Group, 447 Old Boston Road, Topsfield, MA representing the Applicant, discussed the Special Permit and Site Plan Review applications and plans. He reminded the Board that preliminary plans were presented in December 2010 to construct a 120 ft. by 50 ft. contractors shop for the Applicant's use. In July 2011, a SANR request was submitted with a plan showing a conceptual driveway access from Sam Fonzo Drive. The Beverly Airport offered a 12 ft. easement access to Sam Fonzo Drive from their property. They met with City Officials and the Fire Department said that 12 ft. would not be acceptable however they agreed that 24 ft. wide would be acceptable. He stated that all parties are in agreement and they will provide access off the easement, not off Sam Fonzo Drive. A maximum grade slope of 6% would be maintained on the access road. Morin reviewed the storm water management plans for the site. He stated that storm water on the site would be treated before it accesses the wetland area. Morin reviewed parking spaces, dumpster access, and the proposed use of the building, stockpile materials, and movement of vehicles. He reviewed the contractor yard use stating the area is approximately 122 ft. x 40 ft. to store stockpile logs and wood chips. There will be no cutting or chipping of wood on -site. Storage of snow piles in the winter will only be for snow from the site itself Morin reviewed the Landscape Plan, additional information on drainage, and the Architectural Plans for the building including lighting, floor plans, and signage. Zambernardi read the following letters from City Departments for the record: September 12, 2011 Amy Maxner —Environmental Planner September 9, 2011 Thomas Knowlton — Superintendent Beverly /Salem Water Supply Board September 8, 2011 Eric Barber — PE, City Engineer September 8, 2011 Paul Vitale — Chair, Beverly Airport Commission August 29, 2011 William Fiore — Fire Department September 8, 2011 Russ Rollins — Sgt, Beverly Police Department September 8, 2011 Richard Benevento — Chair, Parking and Traffic Commission September 2, 2011 William Burke — Director, Department of Public Health September 2, 2011 Karen Newhall — Associate Planner, Design Review Board Morin responded to each of the aforementioned letters. He stated that the Conservation Commission changes wouldn't affect the grading /drainage plans. He stated they are continuing the meetings with the Conservation Commission. He stated there would be no fuel storage in containers larger than 15 gallons. He stated the snow stockpile area would not have any snow from off -site. He stated that the Salem and Beverly Water Supply Board addresses a 12 -inch Regular Meeting Beverly Planning Board September 13, 2011 Page 5 of 7 culvert and that they want the flow out Sam Fonzo, not out LP Henderson. Morin stated that he needs to review this with Knowlton at the Salem and Beverly Water Supply Board. He stated that they are fine with the Engineering Department's comments. He stated that the Fire Department wants a new hydrant at the opening of Sam Fonzo Drive. He stated that to accommodate this they might have to increase the water service. He stated he needs to follow up with the Fire Department on this. He described site distance issues in relation to the Parking and Traffic Commission and Police Department comments. He stated there was concern over a truck having to cross the median centerline of LP Henderson Road. He stated the remedy would be to pave the right corner, though this would result in additional paving in the watershed. He stated he is fine with the Board of Health requests. Dinkin asked Board members for their questions and comments. Thomson asked about storage of fuel containers under 15 gallons. Morin stated that they would be carried on trucks for the most part. Thomson asked if the parking area would be paved. Morin stated it would be gravel. Thomson asked about fuel leaks and Morin stated the leaks would be contained in grass swales. Thomson noted his concern with this. Morin stated they could pave the areas where trucks would be stored and have a catch area built in to catch leaks. Thomson asked about the width of the driveway going to Sam Fonzo Drive. Morin stated that it is 25 -feet and that no turning radius is required because it is a driveway. He stated that cars and pickup trucks only would use this driveway. Thomson asked about the Salem and Beverly Water Supply Board comments. Morin stated it is a recharge reversal issue and that he needs to talk with Knowlton to have it resolved. Thomson asked how the dumpster gets emptied. Morin stated that a truck would back up over the gravel to the dumpster area. Matz asked if this was a contaminated site. Morin confirmed that it was not a contaminated site. Matz asked about heating and cooling. Morin stated they would use electric or gas. Matz asked about storm water treatment before discharge. The grass channels and infiltration basin were discussed. Matz asked about the maintenance and size of the woodchip pile. Mark Cicoria, 8 Western Avenue, Essex stated that they would move the wood chip pile out once per week. Matz asked about how vehicle drippings would be handled. Morin stated they would pave the vehicle storage area and there would be spill grooves. Matz stated he was concerned about when hydraulic hoses let go and the chemical releases from those. Cicoria stated they would have an emergency response company contracted such as Clean Harbors. O'Brien asked about the watershed. Dinkin asked for questions from the public Regular Meeting Beverly Planning Board September 13, 2011 Page 6 of 7 Mary Roderick, 245 Peabody Ave., Member of the Safe Drinking Water Alliance, She asked some questions about prohibited uses in the Watershed Protection Overlay District. She asked if any of the wood on -site would be arsenic treated. Morin stated it would all be tree wood. Linda Briggs, 54 Trask Street, presented concerns with existing flooding problems in the area and the impact the site may pose to downstream abutters. Morin responded to Roderick's comments. Briggs expressed concerns about an already existing problem with traffic. Morin responded that there is plenty of visibility for vehicles exiting Sam Fonzo Drive onto LP Henderson. Roderick asked for hours of operation. Cicoria responded that work begins between 6:30 and 7 a.m. and ends anywhere between 3 p.m. and 6 p.m. depending on the workload. He stated that they are sometimes called out for emergencies but that is a rarity. Roderick asked about wood being chipped at the facility. Cicoria stated that wood would not be chipped on -site. Cory Paulette, 27 Wirling Drive stated that Cicoria runs a neat and clean operation. Dinkin asked for comments in opposition. There were none. Mack made a motion to continue the Public Hearing until October 18, 2011 at 8:30 p.m. Motion seconded by Flannery. Motion carried 6 -0 -0. Mack made a motion to reconvene the Regular Meeting at this time. Motion seconded by Flannery. Motion carried 6 -0 -0. 5. Continued Discussion/Decision: Special Permit Application #127 -11 and Inclusionary Housing Application #02 -11 — 60 Pleasant Street Apartments — Windover Properties, LLC Thomson made a motion reiterating his previous motion and reasons — incorporating his remarks from the last meeting for the record. Thomson noted that the major concern is the parking situation and the provision in the City Ordinance relating to this is not ideally worded in the books, which gives reason for the proposed condition. Thomson made a motion to grant the special permit with the conditions that: 1. Should the project be completed in advance of the completion of the abutting MBTA parking garage, the applicant must provide at least 10 parking spaces for this project in another location that is within reasonable walking distance of this project only during such time that parking is not available in the abutting MBTA parking lot; and 2. The applicant shall adhere to the communications and comments within the letters received into the record from municipal department heads and boards and commissions in connection with this filing. Motion seconded by Mack. Discussion on the motion: Harris asked if there should be a condition as to what comes first, the construction of the parking garage or the development for the veteran housing so there are not 2 construction projects going on at Regular Meeting Beverly Planning Board September 13, 2011 Page 7 of 7 the same time. Thomson replied that the Board couldn't control the timing of the MBTA garage construction. Motion carried 6 -1 -0 with the Chair voting in favor and Matz in opposition. Gooding asked to clarify for the record that the condition is a requirement that if the municipal parking lot next door ceases to exist at the time of opening the building to veterans that the developer will provide 10 spaces elsewhere and that the condition requiring 10 spaces is temporary. Thomson agreed. Dinkin described his reasons for moving to the City of Beverly saying that character is an important component to the City. He believes the City has done a good job providing housing to those that are underserved and this project is an opportunity for this community to do what many will not do and that is not to turn our backs on the men and women that go into harm's way on our behalf. Dinkin thanked the Board Members for their time and consideration for this project. Harris explained his reservations for the project and his willingness to put aside some of his differences to give a favorable vote for the project. 6. Approval of Minutes: May 16, 2011 and May 17, 2011. O'Brien made a motion to approve the minutes of May 16, 2011 and May 17, 2011. Motion seconded by Flannery. Motion carried 6 -0 -0. 7. New or Other Business: There being no further business, Thomson made a motion to adjourn the meeting at 9:17 p.m. Motion seconded by Matz. Motion carried 6 -0 -0.