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2013-01-15Beverly Planning Board Meeting Minutes January 15, 2013 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Date: Monday, January 15, 2013 Location: Beverly City Hall, City Council Chambers Members Present Chairman Richard Dinkin, Vice Chair John Thomson, Ellen Hutchinson, Ellen Flannery, David Mack, James Matz, John Mullady, Michael O'Brien, Charles Harris Members Absent: None Others Present: Assistant City Planner Leah Zambernardi Recorder: 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. Matz seconds the motion. The motion carries (8 -0). 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 Thomson moved to waive the reading of the Legal Notice. Flannery seconded the motion. The motion carried (8 -0) Attorney Thomas Alexander with offices at 1 School Street, Beverly, Massachusetts addressed the Board and reported that he has previously filed a letter and is personally requesting that the public hearing be continued to the next meeting of the Board in February. He also stated that he was signed a waiver from the time requirement in which the Board has to hold a hearing. Thomson questioned if this is a real date for the continuance noting that the Public Hearing was continued in December as well. Alexander stated that he feels that his clients will be ready to proceed in February and explained that it has been hard to meet with the design specialists and the landscaper over the holidays. Thomson: Moved to continue the public hearing for 130 Cabot Street to February 12, 2013 at 7:30 p.m. assuming the applicant grants the waiver to the Planning Board. Flannery seconds the motion. The motion carried (8 -0). Page 1 of 10 Beverly Planning Board Meeting Minutes January 15, 2013 The regular meeting of the Planning Board reconvened at this time so that the Board can take up other matters before the start of the next Public Hearing at 8:00 p.m. Subdivision Approval Not Required Plan (SANR's) 5 & 7R Netherton Avenue — Roger and Judith Smith and David and Patricia Doucette Dinkin recused himself from discussion of this matter. Zambernardi addressed the Planning Board and explained that the applicants have submitted a SANR plan to convey a 3,139 s.f parcel from the Smith's lot to the Doucette's lot. She noted that the Smith's would continue to have the requisite frontage and land area in the R10 zoning district after the land conveyance. She also stated that planning staff has reviewed the plan for compliance with the Board's regulations for SANR plans and staff recommends endorsement of the plan. Thomson noted that if lot 4B is not a buildable lot there should be a note on the plan. Mack: Moved to approve the SANR for 5 & 7R Netherton Avenue subject to the applicant putting a note on the plan that lot 4B is not a buildable lot. Mullady seconded the motion. The motion carried (8 -0). 20 -22 Paine Avenue — Attorney Miranda Gooding of Glovsky and Glovsky Representing Marcia Glassman -Jaffe & Mark Jaffe and Ford O'Neil & Kathryn O'Neil Dinkin returned to the meeting at this time. Attorney Miranda Gooding of Glovsky and Glovsky LLC with offices at Eight Washington Street, Beverly MA, addressed the Board on behalf of her clients to request approval of an SANR for 20 -22 Paine Avenue. Gooding noted that the Board has considered this matter before. She further explained that after looking at the details and with input from the Building Inspector, 20 Paine Avenue is currently non - conforming with respect to lot area as defined in the zoning code. She explained that parcel B is the substantial portion of the easement area and they are now requesting to convey 9,900 s.f. Dinkin asked if both lots are non - conforming lots. Gooding explained that 22 Paine Avenue is allowed by Special Permit, noting that it was created as a "pork chop" lot in 1996 and 20 Paine Avenue is already non - conforming. Thomson: Moved to endorse the plan as submitted for 20 -22 Paine Avenue. Flannery seconded the motion. The motion carried (8 -0). Page 2 of 10 Beverly Planning Board Meeting Minutes January 15, 2013 64 -66 Paine Avenue — Attorney Thomas Alexander on Behalf of John E. Godfrey Trust & Thomas Brady, Trustee, October Hill Realty Trust Atty. Thomas Alexander addressed the Board and explained that he is here this evening on behalf of his client to request a conveyance of land for two existing lots. He explained that they are swapping pieces of land and explained the history of the lots. He noted that the topography of the land suits each owner well with this change. Matz noted that there is a house on lot #10 and questioned if there is a house on the other lot. Alexander reported that historically there has been no house on the lot. Mack: Moved to endorse the plan as submitted. Harris seconded the motion. The motion carried (8 -0). Request to Set Public Hearing Date — Site Plan Review Application 109 -13 — Construct 2,937 s.f. Free Standing Market in CN Zoning District — 157 Essex Street — CD Patel, Inc. Zambernardi explained that CD Patel has submitted a site plan review application for the construction of a 2,937 s.f freestanding market with associated improvements at 157 Essex Street. She noted that the site is the former Lil' Peach at the corner of Gardner and Essex Streets. The Board is being asked to set a date for the public hearing. Thomson: Moved to set the public hearing date for 157 Essex Street — Site Plan Review for the construction of a free standing market in CN zoning district for Tuesday, February 12, 2013 at 8:30 p.m. Mack seconded the motion. The motion carried (8 -0). Cluster Subdivision Plan Chapman's Corner Estates (Settlement Plan) — Expiration of Letter of Credit (1/15/13) — David Carnevale, Manager, Manor Homes Development LLC Zambernardi addressed the Board and explained that the Planning Board approved the above referenced cluster subdivision plan in July 2008 as a Settlement to litigation. The plan involved 5 existing building lots and the creation of 28 new building lots with frontage on a new, looped roadway with access off Boyles Street and Birch Woods Drive in Chapman's Corner. The original construction completion deadline was July 28, 2010 and the Board late extended that date to July 28, 2011. Last summer, the Board acknowledged that this project falls under the Permit Extension Act (Ch. 240 of the Acts of 2010) and is entitled to an automatic 2 -year extension of the construction completion deadline. The deadline for this project is now July 28, 2013. Zambernardi further explained that the Board currently holds a Letter of Credit from Boston Private Bank and Trust Company in the amount of $167,113.00 to guarantee completion of the subdivision, which is set to expire on January 15, 2013. As the expiration date is today and the subdivision is still not complete, the developer has submitted an attachment to the original Letter of Credit extending the expiry date for the Board's acceptance. Page 3 of 10 Beverly Planning Board Meeting Minutes January 15, 2013 Zambernardi stated that Assistant City Engineer Sean Ciancarelli has reviewed this matter and recommends that the Board accept the attachment to the Letter of Credit. Mack: Moved to accept the attachment to the Original Letter of Credit for the Chapman's Corner Estates Settlement Plan. Thomson seconded the motion. The motion carried (8 -0). Election of Officers for 2013 Election of Chairperson Dinkin recused himself from this matter. Flannery nominated Richard Dinkin for the office of Chairperson for year 2013. Thomson seconded the motion. Mack moved that the nominations be closed. Thomson called for a vote on the motion. The motion carried (8 -0). Dinkin returned to the meeting at this time. Election of Vice Chairperson Mack nominated John Thomson for the office of Vice Chairperson of the Beverly Planning Board for the year 2013. Flannery seconded the nomination. Hutchinson moved that the nominations be closed. Dinkin called for a vote on the motion. The motion carried (8 -0). Approval of Minutes The approval of the minutes of the October 15, 2012 Planning Board meetings were presented for approval. Thomson: Moved to approve the minutes of the Planning Board meeting with one suggested edit. Flannery seconded the motion. The motion carried (8 -0). Discussion of Potential Future Zoning Amendments with Planning Director Zambernardi reported that Planning Director Tina Cassidy is unable to attend the meeting this evening for this discussion. She noted that members have been given a memo on the revised amendments for three ordinances that were discussed at the last meeting. Zambernardi reported that since the last meeting Mr. Thomson has reviewed section 29 -25 Parking and Loading Requirements section of the ordinances and has made comments. She noted that the section of the ordinances is included in the packet and his comments are in red, as well as Page 4 of 10 Beverly Planning Board Meeting Minutes January 15, 2013 a few suggestions that were added by Zambernardi and Cassidy. She reviewed the changes with the Board. Matz suggested that the Planning Board could consider modifying the ordinance to limit off street parking to a minimum noting that many entities can claim the use of offsite parking. Thomson reported that it was a suggestion and that the language needs to be worked on. Dinkin stated that properties do change hands and we want this to be explicit in the ordinance that if the property loses access to parking to which a special permit is based then the property will be out of compliance and should be fined per diem after a certain period of time. He also suggested that the property owner should have the right to have a choice to acquire the property upon which his permit is based or some other property. Thomson suggested that they be notified by the City that they are out of compliance and if no action is taken they would be in violation of the zoning ordinance and the ordinance has daily fines. Zambernardi and Cassidy will continue to work on the proposed zoning amendments. Recess for Public Hearing Thomson moved to recess for a public hearing. Matz seconded the motion. The motion carried. Public Hearing — Special Permit Application — Construct Solar Farm within the Watershed Protection Overlay District — 1 -3 Cailin Road — Cabot Beverly, LLC Zambernardi reads legal notice. Philip Lake addresses the Planning Board and explains that they are proposing to construct a solar farm to collect sunlight and convert the solar energy to electrical power and then deliver that power to the existing City and Regional electrical infrastructure. He noted that the project involves the installation of solar panels on 400 racks in a grid alignment. He notes that the grid alignment and technical details are included on the plan submitted with the application. He introduced owner Stanley Bialek, site engineer Scott Patrowicz and Kurt Young of Wetlands Management. Lake explains that the racks are placed in the ground using large ground screws that are shaped and installed like an auger. He noted that there are no permanent footings or other permanent structures installed for the racks. Lake explained that in addition, two transformers would be installed for the purpose of connecting with the existing public utilities lines along Cabot Street in Beverly. He reported that the transformers use nontoxic vegetable oil and include a built in containment system in case any of Page 5 of 10 Beverly Planning Board Meeting Minutes January 15, 2013 the vegetable oil were to escape from the transformer. He also noted that a material safety data sheet for the transformer fluid is included in the packet. Lake explained that the site is located at 1 -3 Cailin Road, which is an unconstructed subdivision road off Cabot Street. He explained that the total area of the parcel is 50+ acres and the area of the proposed solar collection panel area is just under 9 acres. He noted that much of the remaining land is encumbered by jurisdictional wetlands or steeper slopes that restrict viable use of the site for solar collection or slopes that do not face the south. He also noted that the site is vacant and undeveloped except for a gravel land haul road that enters the site from Cabot Street and traverses uphill through this site and then exits onto the adjacent soccer field parking lot. Lake stated that the site is located in an IR Zoning District and is appropriately used generally for commercial and industrial use. He noted that the proposed use is an allowed use in the district pursuant to Section 29- 19.13.10 of the ordinance, which provides for essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. He also noted that Steve Frederickson, Zoning Administrator for the City of Beverly has reviewed the plan and submitted a letter, which is included in the application. Lake explained that the site is located within the watershed to Wenham Lake, a public drinking water supply and the northerly property boundary coincides with the Wenham town line. He also noted that residential units abut the northerly property line. Lake noted that the Beverly Conservation Commission has reviewed a Notice of Intent for the project and has issued an Order of Conditions, which is included with the application. Lake explained that there will be minimal impact to the site and its soil during the installation and site development requires clearing of southern facing slopes and installing access and future maintenance roads and storm water management features. He noted that the solar panels are installed in a grid fashion across the site and they will be anchored to the ground using large ground screws that are literally screwed into the ground using a specialized machine not much bigger than an all- terrain vehicle. Lake explained that the proposed work for the solar collection array will involve site preparation including tree clearing, minor grading for roadway creation and transformer installation as well as the installation of the storm water management facilities, the installation of the panels, connection to existing power lines on Cabot Street and tree shade management efforts which may include cutting some trees and pruning others. He explained that solar corridors are zones within which adjacent trees must be pruned or managed to avoid shading the solar panels during all months of the year. Lake explained that the storm water management system will be installed first in two sections and noted the areas on the plan. Page 6 of 10 Beverly Planning Board Meeting Minutes January 15, 2013 Lake also reported that a third party review of the project has been completed at the request of the Beverly Airport Commission. Thomson questioned if the solar panels would create a glare that would interfere with airport operations. Lake stated that the towers are not a problem noting that they are so far away there is no direct visibility. He also noted that a photo of the airport would show that the flight paths and glare is not an issue. He also noted that the FAA has approved the installation of solar panels near various airports and there is an approval process that they have to go through with the FAA as well and the Massachusetts Commission on Air Transportation. It was noted that Beverly High School has original design solar panels. Mack asked if the FAA has to sign off before the panels can be installed. Lake stated that they have to get FAA approval before the panels can be installed. Harris asked if the panels are manufactured in the United States or in China. Lake stated that they have not selected the panels so there is no answer on that at this time. Mullady asked if the site would be landscaped year round. Lake explained that maintenance would be year round and noted that the Conservation Commission requested that a lot of site work be done during the winter months. Matz asked if there was any more fly ash remediation that needs to be done on the site and if the site is still an open DEP site. Lake stated that the fly ash removal is complete and the DEP has closed their file on the site. Zambernardi read comment letters from various city departments and Boards and Commissions as follows: Mike Collins Sgt. Russ Rollins Amy Maxner William Fiore William Burke Robert Mezzetti Paul Vitale City Engineer Beverly Police Department Conservation Commission Beverly Fire Department Beverly Health Department Beverly Airport Commission Beverly Airport Commission January 15, 2013 January 14, 2013 January 14, 2013 January 7, 2013 January 12, 2013 January 10, 2013 January 8, 2013 Lake noted that Mr. Vitale's letter indicated that the Airport Commission is concerned that the solar panels could have a significant impact on aircraft and or air traffic controllers. Dinkin questioned whether the Planning Board has jurisdiction on matters associated with the operation of the airport. Page 7 of 10 Beverly Planning Board Meeting Minutes January 15, 2013 Lake stated that the Salem Beverly Water Supply Board is in favor of the project and they hired an independent consultant to review the project. Lake noted that the consultant commented about the plan to control invasive species on the site by cutting by hand and swabbing the plants. Young explained that DEP regulations address the use of herbicides with regards to bodies of water and the invasive species are on the upland portion of the site and he feels that they can do what they need to within the regulations. Dinkin opened the hearing up for public comment at this time for those who wish to speak in opposition to the project. Rose Mary Maglio of 30 Pleasant Street addressed the Board and stated that they do not show any existing conditions of the trees or the watershed on the plan. Mary Rodrick of 14 Peabody Avenue, Beverly addressed the Board and questioned how much the impervious surface would be increased. Lake stated that there would be 4,000 s.f of impervious surface on the site. Lake explained that the grass would be cut on the site twice a year and the panels will be cleaned as needed with water. He explained that they could use pressure water and no chemicals will be used. Maglio asked if they have received all of their permits for the project. Lake stated that they have not received all of their permits at this time. He noted that they are here this evening for Planning Board approval and they need to file with the FAA and the Massachusetts Department of Transportation. Dinkin opened the hearing up for public comment at this time for those who wish to speak in support of the project. Mr. Charles Whitney of Boxford MA, addressed the Board and stated that he attended the meeting this evening because he was interested in the project. He stated that he thinks that the solar panels will be a great addition to the City of Beverly. Mary Rodrick addressed the Board again and noted that the Beverly Safe Drinking Water Alliance would like to see that all restrictions are met regarding safe drinking water. Mr. Vitale of 3 Collins Street addressed the Board and stated that he supports the project but he is concerned about the potential glare and the impact on aircrafts and air traffic controllers at Beverly Airport. He stated that he would like the opportunity to work with them with regards to the permits from the Department of Transportation and the FAA. He also stated that he is concerned about the Planning Board approving the project before the FAA approves it. Mr. Vitale of 17 Cobblers Lane addressed the Board and stated that he is in favor of the project. Page 8 of 10 Beverly Planning Board Meeting Minutes January 15, 2013 Rosemary Maglio addressed the Board again and stated that she is in opposition to the project because the Watershed Overlay District should be forested and noted that the city bought the property to protect it. She also expressed concern about the use of herbicides and if they are used they should be topically applied to the invasive species. Paul Barnacle questioned if any of the panels would be within 100 feet of the airport brook. Scott Patrowicz addressed the question and explained the location of the site with relation to the Vitale soccer fields. Lake noted that a letter from the Safe Drinking Water Alliance outlined their concerns about the project and the Conservation Commission Order of Conditions addresses those concerns. There being no further questions or comments regarding this matter, Dinkin declared the public hearing closed. Dinkin reconvened the regular meeting of the Planning Board. Discussion/Decision - Special Permit Application — Construct Solar Farm within the Watershed Protection Overlay District — 1 -3 Cailin Road — Cabot Beverly, LLC Thomson stated that this is an unusual opportunity for the City of Beverly. He noted that nothing proposed has an adverse effect on the city, there will be no undue traffic as a result of this and there are no valid objections from abutting property owners. Thomson: Moved to approve the special permit application to construct a solar farm within the watershed overlay protection district subject to the following conditions: 1. That there be no access from the solar farm to any development on any other portion of the property, or to or from any other property (other than emergency access), without approval of a modification of this special permit from this Board. 2. That no herbicides shall be applied without a permit issued by the Massachusetts Department of Environmental Protection pursuant to M.G.L. c. 111, Section 5E, as may be amended. 3. That the recommended conditions contained in the attached letter dated January 15, 2013 from Meridian Associates on behalf of the Salem and Beverly Water Supply Board shall be adhered to, with the exception that installation of the solar panels shall not be subject to the condition that land disturbance be limited to one acre at any given time. 4. That the project be found acceptable to the Federal Aviation Administration as described in the attached letter to the Planning Board dated January 8, 2013 from Paul Vitale, Chairman of Beverly Airport Commission and Robert Mezzetti, Airport Manager. 5. That the comments contained in the attached letter dated January 8, 2013 from William T. Burke, Director of Public Health are adhered to. Page 9 of 10 Beverly Planning Board Meeting Minutes January 15, 2013 Mullady seconded the motion. The motion carried (7 -1 with Hutchinson opposed). Hutchinson stated that she does not believe there will be no unreasonable hazard without the FAA approval being done. Adjournment 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 10:30 p.m. Page 10 of 10