2012-10-16CITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Date:
Location:
Members Present
Members Absent:
Others Present:
Recorder:
Planning Board
Tuesday, October 16, 2012
Beverly City Hall, City Council Chambers
Chairman Richard Dinkin, Vice Chair John Thomson, Ellen
Hutchinson, Ellen Flannery, James Matz, John Mullady, David
Mack, Michael O'Brien, Charles Harris
None
Assistant Planning Director Leah Zambernardi,
Eileen Sacco
Dinkin calls the meeting to order at 7:30 p.m.
Recess for Public Hearings
Thomson moves to recess for public hearings at this time. Hutchinson seconds the motion. The
motion carries (8 -0).
Concurrent Public Hearings — Modifications to Site Plan Review Application #105 -11 and
Special Permit Application #129 -11 — 48 Dodge Street — Walgreens — Request to Shift the
Conant Street entrance /exit to allow for Existing Utility Pole and to Modify Condition #5 of
the Planning Board Approval Regarding Hours of Operation — Westward Apple Orchards
Limited Partnership
Matz recused himself.
Zambernardi reads the legal notice.
Dinkin states that the applicant is requesting to shift the Conant Street entrance /exit to allow for
existing utility pole, and to modify Condition #5 of the Planning Board Approval, regarding the
hours of operation.
Atty. Thomas Alexander addresses the Board on behalf of the applicant and explains that they
are requesting that Condition #5 of the Planning Board approval be modified which calls for the
hours of operation to be between the hours of 7:00 a.m. and 10:00 p.m. and should the owner or
his successors in title wish to expand the hours of operation they may come back to the Board for
review and approval no earlier than two years from the date of the approval. Atty. Alexander
explained that they are requesting that the language be changed and replaced with "for the first
two years of operating the store, the store hours of operating shall be limited to between the
hours of 7:00 a.m. -10:00 p.m. Thereafter the store hours of operation shall be set by the tenant
or the applicant. It is understood and agreed that , notwithstanding this condition of approval,
current zoning allows for operation of the store to be twenty four hours. In the event that the city
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October 16, 2012
Page 2 of 6
elects to or votes to alter the current zoning to prohibit or restrict the 24 hours of operation for
the date of this approval date forward, then this proposal shall be grandfathered and the applicant
shall be free to operate the store on a 24 hour basis despite such change in zoning."
Atty. Alexander also explained that they are seeking a modification to the site plan in order to
shift the Conant Street entrance /exit further away from the Conant Street and Dodge Street to
allow for an existing utility pole to remain in its existing location at the request of National Grid.
Dinkin questions Alexander as to whether they have been dealing with the neighborhood.
Alexander replied that they have been dealing with the developer and have talked with some of
the neighbors.
Harris stated that he was up there just before 4:00 p.m. and the traffic coming towards Henry's
Market was backed up. He noted that he has grave reservations that traffic in the area will be a
nightmare. He stated that he wants to be on record that he is disappointed in what they are doing
here.
Thomson noted that part of the approval was that the timing for the lights would be fixed at the
signal near Henry's.
Hutchinson stated that this does not require special hours and stated that she would like to leave
it open ended. She noted that the language if approved would take away the power of the Board
to change the hours of operation.
Flannery asks the neighbors if they are speaking for a majority of the neighbors that support this.
Cherly Oliphant stated that they are speaking for the direct abutters to the site.
Cheryl Oliphant of 2 Chipman Road addresses the Board and noted that she is a direct abutter
and she is quite satisfied with the first two years restriction on the hours of operation. She states
that she agrees with Mr. Harris regarding the traffic. She stated that today she sat through 7 or 8
red lights and she believes that changing the timing of the light will help things.
Dinkin states that he feels there is a substantial difference between this site and the CVS site
noting that the CVS site does not have residential abutters.
Dinkin asks Oliphant if she would like another bite at the apple in two years. Oliphant stated
that she feels that there are reviews in place.
Rose Maglio addresses the Board and states that the same abutters may not be there in two years.
Hutchinson questions why this has to be resolved this evening and asks if the change in potential
for the hours of operation is necessary for the project to proceed. She stated that it is her
understanding that Walgreens has concerns about moving forward.
Jeff Rhuda addresses the Board and stated that Walgreens has refused to sign the lease with this
condition. He also noted that if they abandon this special permit they will build and move on
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October 16, 2012
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with different tenants. He also explained that Walgreens is refusing this because there is nothing
in the zoning about it.
Scott Pryzbycien of 5 Conant Street addresses the Board and stated that when they first started
this process he had hoped that a 24 hour development would provide a lot of things to satisfy
them and they were happy with the 2 year restriction but now they are back to the board and they
have not built it yet.
Dinkin noted that the Board has received several emails and letters of comment from Eric
Barber, City Engineer, Board of Health, Fire Department, Amy Maxner for the Beverly
Conservation Commission, and the Parking and Traffic Commission.
Harris spoke about tweaking the timing of the lights. He stated that there are others who will be
impacted and this will be a traffic nightmare.
There being no further questions or comments regarding this matter, Dinkin declared the public
hearing closed.
The meeting was reconvened at this time.
Discussion/Decision — Modifications to Site Plan Review Application #105 -11 and Special
Permit Application #129 -11 — 48 Dodge Street — Walgreens — Request to Shift the Conant
Street entrance /exit to allow for Existing Utility Pole and to Modify Condition #5 of the
Planning Board Approval Regarding Hours of Operation — Westward Apple Orchards
Limited Partnership
Thomson stated that he has a problem with the proposed language regarding the hours of
operation. Atty. Alexander noted that the language was provided by corporate counsel.
Thomson noted that the Planning Board cannot control zoning if the City Council restricts 24
hour stores in the future. Alexander explained that the applicant would be grandfathered for
future zoning changes.
Thomson made a motion to approve the requested modifications, but that Condition 5 of the approval
shall be modified to read, "For the first two (2) years of operating the store, the store hours of
operating shall be limited to between the hours of 7 am and 10 pm. Thereafter the store hours of
operation shall be set by the tenant or applicant. It is understood and agreed that, notwithstanding this
condition of approval, current zoning allows for operation of the store to be twenty -four (24) hours."
Mr. Mack seconded the motion. The Board voted (4 -4 -1) (Thomson, Flannery, Mack, and O'Brien in
favor) ( Dinkin, Harris, Hutchinson and Mullady in opposition) (Matz in abstention). The motion did
not carry, therefore the petition is DENIED.
Alexander asked if there is any language changes that could satisfy the Board's concerns.
Dinkin stated no.
Matz returned to the meeting.
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October 16, 2012
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Continued Concurrent Public Hearings — Special Permit application #131 -12 — Site Plan
Review Application #108 -12 and Inclusionary Housing Application #04 -12 — Construction
of Three Story Building Containing 13 Apartments with Commercial Space on the First
Floor — 130 Cabot Street — Cabot Street LLC c/o The Halloran Companies
Matz moved to waive the reading of the Legal Notice. Flannery seconded the motion. The
motion carried (9 -0)
Zambernardi states that the Public Hearing was opened on June 19, 2012 and this hearing is a
continuation. She noted that she has received several letter addressed to the Board in opposition
to this project and a petition was submitted to the Board in opposition to the proposal on
September 13, 2012.
City Councilor Wes Slate addressed the Board and stated that he represents the section of the
City that includes 130 Cabot Street. He noted that he has heard from several constituents that
have concerns about this project.
Slate stated that he supports the development of the downtown and this seemed like a good idea
when he first heard about it, but after reviewing the plan and hearing the concerns of the
neighbors he feels that 13 apartments and commercial space is a lot for this small lot on a main
street. He noted that the City Council has no action to take in this process.
Slate reviewed the parking criteria for the zoning in the area and noted that the nearby public
parking lot may be counted, however the zoning does not allow it. He requested that the zoning
be revised so that there is no question regarding what is intended. He stated that he would move
forward with the Council on a revision to the zoning.
Thomson questions if Slate is recommending that the project be turned down or scaled back.
Slate stated that a smaller footprint would require less parking and not require the use of a
municipal parking lot.
Dinkin asks if the applicant has any new information to provide.
Atty. Thomas Alexander of 1 School Street, Beverly addresses the Board and notes that he is
joined this evening by Jim McDowell of Eastern Land Survey, 104 Lowell Street Peabody.
McDowell addresses the Board and reviews the area on the plan reserved for parking. He noted
that they have reconfigured the parking and the striping for the lot, noting the handicapped space.
He also noted that two lights in the rear of the parking area with two fixtures are included in the
plan. He noted that there are no other changes to the plans.
Alexander noted that with regards to curbing they expect that could be handled by way of a
condition and suggested that they would likely use granite curbing in keeping with the
downtown.
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October 16, 2012
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Alexander noted that recent projects in the area for housing in the downtown conform to the
Master Plan. He notes that this project does that as well and includes affordable housing.
Thomson questions how many parking spaces are proposed for the site and how many housing
units they could build if all of the parking were required to be onsite. Alexander reviewed the
figures for required parking for a commercial /residential project and noted that the commercial
requires 1 parking space per 250 s.f. or 17 spaces and the residential would require 25 spaces for
a total of 39 parking spaces onsite. Thomson clarified that the only way to down size the project
would be to eliminate the commercial portion of the project. Matz asks if there is a way for the
parking to be accessible from Cabot Street as opposed to Vestry Street. McDowell stated that
the site could be accessed from Cabot Street if that were the wish of the Board.
Dinkin states that he would like to give the developer the opportunity to show a project with all
of the parking on site, noting that the applicant would have to provide a waiver to the Planning
Board on the time with which a decision has to be issued.
Alexander states that the applicant will attempt to redesign the site and hopefully submitted
revised plans to the Board for their next meeting.
Matz: Moved to continue the public hearing for 130 Cabot Street to November 20, 2012
at 7:30 p.m. The motion carried (8 -0).
The regular meeting of the Planning Board reconvened at this time.
Recommendation on Facilitated Plan — 11 Sprint Street — Atty. Thomas Alexander, 1
School Street, Beverly
Atty. Alexander addresses the Board and explained that in October 2008 a plan was presented for
housing on Spring Street. He explained that the proposal was for 3 -5 units in an RMD district
and required that a recreation area be planned and presented to the Board for approval. He stated
the plan has been slightly modified and asks the Board for approval of that.
Thomson: Moved to approve the recommended area and design for the recreational
space at 11 Spring Street. Mack seconded the motion. The motion carried
(7 -1) with Hutchinson opposed.
Approval of Minutes
The approval of the minutes of the June 4, 2012 Planning Board meeting were postponed to the
next meeting.
Adjournment
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October 16, 2012
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There being no further business to come before the Planning Board this evening a motion was
made by Matz to adjourn the meeting, seconded by Thomson. The motion carried (8 -0)
The meeting was adjourned at 9:00 p.m.