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2012-03-14CITY OF BEVERLY MASSACHUSETTS SPECIAL MEETING MINUTES BOARD OR COMMISSION: Planning Board SUBCOMMITTEE: DATE: Wednesday, March 14, 2012 LOCATION: Beverly City Hall, Conference Room B, third floor MEMBERS PRESENT: Chairman Richard Dinkin, Charles Harris, Ellen Flannery, Ellen Hutchinson, David Mack, John Mullady MEMBERS ABSENT: James Matz, Michael O'Brien, John Thomson OTHERS PRESENT: Assistant Planning Director, Leah Zambernardi RECORDER: Diana Ribreau Dinkin called the Regular Meeting of Beverly Planning Board to order at 7:30 p.m. Request for Minor Modification to Special Permit #127 -11 and Inclusionary Housing Application #02 -11: 60 Pleasant Street (Pleasant Street Apartments) — Windover Properties, LLC Attorney Miranda Gooding, Glovsky and Glovsky, representing the Applicant Windover Properties LLC, gave a brief overview on the Special Permit Application approved on September 13, 2011. Gooding stated that the Applicant recently applied for a building permit but it is on hold because of a couple of minor modifications to the plan involving the first floor and loading dock. Charlie Mann, Project Manager for Windover Properties, LLC was present. Gooding submitted the revised building plans and presented the changes highlighted in red. Gooding explained the following minor modifications to the architectural plans: First Floor Plan Modifications 1. Community Room entry has been relocated off the rear corridor. 2. Access to the rear corridor from the Lobby was moved to allow the existing elevator machine room to remain as -is. Special Meeting Beverly Planning Board March 14, 2012 Page 2 of 3 3. The Stair located off of the rear corridor was shifted one bay to the South to simplify circulation on the First Floor and revise layouts of the residential units above. 4. An additional mechanical room was added to the Loading Dock, in addition to the Electrical Room. The two rooms were adjusted to accommodate the mechanical equipment they hold as well as to accommodate the proposed work at the south end of the Loading Dock. 5. The janitor closet relocated to the rear entry to accommodate the required approaches to all the rooms opening off the lobby space. Gooding noted that the Commercial /Office space remains the same however there is an architectural error on the plan that will be rectified. The plan has labeled with an area for the VA office and it is not at all clear that the VA office will remain as noted on the plan but it will remain office /commercial space. Loading Dock Modification Windover has been engaged in protracted discussions with National Grid regarding the location of the required electrical transformer. The final building permit plans are anticipated to reflect the removal of a portion of the Loading Dock to provide a possible location for the transformer. This work includes the removal of the raised Loading Dock, the corresponding roof and shortening the CMU walls in this area. The final design is subject to approval from National Grid; however, it is expected to be substantially similar to the submitted architectural plans, subject to final adjustments in height and clearances. Once final sign -off from National Grid is obtained, the elevation plans and floor plans will be revised. Harris asked if any of the proposed changes would affect fire department regulations or any other agencies. Mann replied that in relation to safety codes it would remain the same. Mann stated that National Grid needs the transformer as accessible as possible and does not want a roof covering it. The wall around the transformer, as stated by Gooding, has been lowered. National Grid has not signed off on the modifications made as of yet and until they do a building permit cannot be issued. Dinkin asked if the wall being lowered presents any public safety concerns. Mann responded no. Gooding stated that Windover feels the changes discussed are minor in nature and do not materially affect the use or operation of the premises or the relief granted under the Special Permit and requests the Board's approval for minor design modifications. Gooding stated that the Applicant is asking permission for the Building Inspector and Planning Department to approve the final building permit plans in accordance with and consistent with the decision. Special Meeting Beverly Planning Board March 14, 2012 Page 3 of 3 Mack asked if the City Engineer would give final approval. Mann stated that the final decision on the enclosure of the transformer would be from National Grid however the Building Inspector will also inspect the final plan. Mann stated that the clearance, location, and design of building are all to code. It is just a matter of National Grid approving the changes. Gooding added that they couldn't commit to the exact height of the wall until National Grid gives the final approval but National Grid has not committed to coming on -site at this time. Dinkin stated that it is outside the Planning Board's authority to delegate the design to a municipal department and the Applicant must come back with finalized plans if further changes are made to the plans before them. However, the Board can take a vote on whether they feel the plans are minor in nature. Mack made a motion that the modifications to the plans are minor in nature. Motion seconded by Hutchinson. Motion carried 6.0.0. Dinkin stated that if National Grid requires further changes that the Applicant must come back before the Planning Board. Mack made a motion to approve the proposed minor modifications to the plans as submitted. Motion seconded by Flannery. Motion carried 6.0.0. Zambernardi stated that the other component on the agenda pertains to the Inclusionary Housing Application. The Zoning Ordinance requires that prior to issuance of a building permit, Windover must enter into an enforceable affordability preservation agreement with the City and the agreement must be filed at the Registry of Deeds. Windover has requested that the Board approve the issuance of a Building Permit conditioned upon the regulatory agreement prior to the issuance of a certificate of occupancy for the project. Alternatively, Windover has proposed to record an interim Covenant with the Registry of Deeds until such time that a Regulatory Agreement can be executed. Granting such a waiver of a Zoning Ordinance requirement is not in the Planning Board's jurisdiction. Zambernardi stated that Planning Staff and the City Solicitor have reviewed the alternative proposal to record an interim Covenant and the City Solicitor finds this an acceptable means to comply with the Zoning Ordinance. The Applicant will therefore not need a modification to the Inclusionary Housing requirements and has withdrawn the request. Zambernardi submitted a letter for the record by Rosemary Maglio and Mary Roderick in opposition to the proposal. Harris made a motion to adjourn the Special Planning Board Meeting at 7:51 p.m. Motion seconded by Flannery. Motion carried 6.0.0.