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2013-06-18CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: Tuesday, June 18, 2013 Location: Beverly City Hall Members Present Chairperson Richard Dinkin, Vice Chair John Thomson, Ellen Flannery, Charles Harris, Michael O'Brien, John Mullady, David Mack, James Matz Members Absent: Ellen Hutchinson Others Present: Assistant City Planner Leah Zambernardi Recorder: Eileen Sacco Dinkin calls the meeting to order at 7:00 p.m. Subdivision Approval Not Required Plans (SANR's) 2 Bonad Road Trust — 2 Bonad, Jewett & Newman Roads Zambernardi addresses the Board and explained that members will recall that the Board recently endorsed two SANR plans for 2 Bonad, Jewett and Newman Road. She reported that in November of 2012, the Board endorsed a SANR plan for the 2 Bonad Trust to divide the property on Bonad Road at Assessors Map 32, Lot 127 into 2 building lots. She further explained that in May of 2013, the Planning Board endorsed a SANR plan for nearby property at Bonad, Jewett and Newman Roads (Assessors Map 32, Lots 128, 128A, 129, 130, and 131) to adjust the lot lines of five existing lots. The lot line adjustments brought each lot into conformance with the R10 zoning requirements. One of the lots has an existing residence (2 Bonad Road). The other four lots are currently vacant and would become potentially buildable as a result of this plan. Zambernardi explained that subsequent to the Board's November and May endorsements, the owner sent plans to Land Court for recording and the Land Court has requested that the plans be consolidated into one and that stone boundaries be added, pursuant to their requirements. She noted that the owner has modified the plans per the Land Court's request and has resubmitted it to the Planning Board for endorsement. She stated Planning Staff has confirmed that no changes to the lot geometries have occurred from the November 2012 and May 2013 approved plans and the plan conforms to the Board's requirements for SANR plans and recommends that the Board endorse the plan. Mack: Motion to endorse the SANR for 2 Bonad Road Trust — 2 Bonad, Jewett & Newman Road. Flannery seconded the motion. The motion carried (7 -0). Beverly Planning Board Minutes June 18, 2013 Silverwood Realty Nominee Trust — 198 -200 Rantoul Street and 25 -31 Park Street Zambernardi explained that the property is the 198 -200 Rantoul Street block between Wallace and Broadway and 25 -31 Park Street. She explained that both parcels have buildings on them. She reported that the old and the new lot lines are shown on the plan and they are proposing to shift the lot line. Dinkin asked if the lots conform. Zambernardi confirms. Thomson: Motion to endorse the SANR for Silverwood Realty Nominee Trust — 198 -200 Rantoul Street and 25 -31 Park Street. O'Brien seconded the motion. The motion carried (6 -0 -1) with Matz abstaining. Request for Minor Modification to Approved Site Plan #105 -11 — Walgreens — 48 Dodge Street — Westwood Orchard Limited Partnership Jeff Rhuda addresses the Board and explained that they are requesting a minor modification of their approved site plan for the Walgreens at 48 Dodge Street. He explained that they are requesting approval to relocate a walkway leading from the parking area at the front of the store to the public sidewalk on Conant Street, in lieu of a connection with the sidewalk on Dodge Street. He noted that the existing grades do not meet the ADA requirements for handicap access. Rhuda explained that they are building the ramp at the request of Mass Highway. Flannery asked if people would be safely able to travel the sidewalk. Rhuda stated that this proposal is ADA compliant. Zambernardi reported that she had City Engineer Eric Barber review the plans and he has informed her that he has no issues with the proposal. Mack: Motion that the Planning Board find that the request for a Minor Modification to the Approved Site Plan #105 -11 — Walgreens — 48 Dodge Street — Westwood Orchard Limited Partnership is a Minor Modification. Flannery seconded the motion. The motion carries (6 -0 -1) with Matz abstaining. Mack: Moved to approve the Minor Modification for the Approved Site Plan #105 -11 — Walgreens — 48 Dodge Street — Westwood Orchard Limited Partnership. Flannery seconded the motion. The motion carries (6 -0 -1) with Matz abstaining. Request for Minor Modification 128 Park Street Zambernardi reported that Mr. Britton received a special permit in 2011 to construct two new buildings on the site for contractor's shops. She stated that Mr. Britton is requesting a minor modification to allow the installation of a loading platform at the rear of Unit A9. Page 2 of 7 Beverly Planning Board Minutes June 18, 2013 Dinkin asked if anyone has looked at this. Zambernardi explained that the request was received yesterday and it has not been looked at by Parking and Traffic or the City Engineer. Dinkin asked Britton is there was a rush for this. Mr. Britton explained the location of the access driveway to the loading dock. Zambernardi reviewed the parking requirements for the site and noted that the approved site plan shows spaces near the area in question. She suggested that Mr. Britton should amend the site plan for this request. Dinkin agreed and stated that the Board will need additional information on this matter. Mack noted that the loading platform will encroach upon the MBTA property in the rear. He stated that he is concerned about making any changes to a site plan that will encroach on someone else's property. Mr. Britton stated he had approval from the state but no formal easement has been generated yet. Mack: Motion to find that the requested minor modification is NOT a minor modification and that the applicant should file for an amended site plan. Flannery seconded the motion. The motion carries (7 -0). Thomson: Motion to schedule a Public Hearing for an Amendment to an Approved Site Plan for 128 Park Street, on July 16, 2013 at 7:30 p.m. Flannery seconded the motion. The motion carries (7 -0). New /Other Business Request for a Planning Board Representative to Serve on the Community Preservation Committee Zambernardi explained that a Planning Board Representative is needed to serve on the Community Preservation Committee that is being established by ordinance to review proposed projects to be funded by the CPA and make recommendations to the City Council. Thomson volunteered to serve as the Planning Board Representative on the CPC. He disclosed that he may have potential conflicts that might arise from his past and present association with the Beverly Historical Society noting that he is a former Board Member and is currently a member. He is also involved with open space and affordable housing organizations. Dinkin stated that he feels that Mr. Thomson will deal with his associations appropriately relative to his service on the CPC. Dinkin states that as Chair of the Planning Board, he designates John Thomson to be the Planning Board representative on the Beverly Community Preservation Committee. Approval of Minutes The minutes of the Planning Board meetings held on February 12, 2013 and March 19, 2013 were presented for approval. Page 3 of 7 Beverly Planning Board Minutes June 18, 2013 Harris: Motion to approve the minutes of the Planning Board meetings held on February 12, 2013 and March 19, 2013 as submitted. Flannery seconded the motion. The motion carried (7 -0). Recess for Public Hearings Flannery: Motion to recess for public hearings. Mullady seconded the motion. The motion carried (7 -0) Public Hearing — Site Plan Review Application #111 -13 — 50 Dunham Road — Anderson Clark LLP Steve Drohosky of Cummings Properties addresses the Board and requests that the public hearing be continued to the July meeting of the Board. He explained that the Parking and Traffic Commission has asked them to do a traffic and safety analysis and they are in the process of doing that. He stated that they will be going back to the PTC on July 15, 2013 and noted that they would like to have the PTC input before making a presentation to the Planning Board. Thomson: Motion to continue the public hearing for Site Plan Review Application #111 -13 — 50 Dunham Road — Anderson Clark LLP to Tuesday, July 16, 2013 at 8:00 p.m. Flannery seconded the motion. The motion carries (7 -0). Mack disclosed that he has a client who is a tenant at the Cummings Center and they have requested an opinion on the interpretation of their lease. O'Brien disclosed that he is a tenant at the Cummings Center. Drohosky stated that they have no concerns regarding either of the disclosures and the members' participation in this process. Dinkin reconvened the regular meeting of the Board. Presentation from Mayor Scanlon on Brimbal Avenue / 128 Interchange Mayor William Scanlon addressed the Planning Board and gave a brief overview of the proposed plans for the redesign of the Brimbal Avenue /128 Interchange. City Planner Tina Cassidy addressed the Board and explained that the proposed plans require a zoning change from IR to IR Overlay District and noted that the Planning Board is one of the few prescribed bodies that is able to initiate a zoning change. She requested that the Planning Board consider beginning the process for the zoning change. Matz requested that proposed plans for this be made available to the public via the city website. Cassidy states that she will ask the Engineering Department to put them up on the website. Page 4 of 7 Beverly Planning Board Minutes June 18, 2013 Thomson: Moved that the Planning Board sponsor the zoning amendment as requested relative to the Brimbal Avenue /128 Interchange. Matz seconded the motion. The motion carries (7 -0). Dinkin recesses the regular meeting for a scheduled public hearing. Continued Public Hearing: - Special Permit Application #135 -13 — Cummings Center (Balch Street) — Beverly Commerce Park, LLC Steve Drohosky addresses the Board and recalled that they received site plan approval in July 2012 for the construction of a parking garage between the 500 Cummings Center Office Building and Balch Street. He explained that they subsequently applied for a special permit from the Board for approval of a driveway opening from this garage onto Balch Street and it was denied by the Board. He explained that they have submitted a new request that they are presenting this evening. Drohosky explained that tonight they are proposing a new special permit plan for a new driveway exit that would be 18 feet in width and would have a "Do Not Enter" warning beam sign hanging from a tube steel goal post above it. He noted that the plan also calls for the installation of sidewalk handicap ramps and a MUTCD compliant crosswalk. Drohosky explains that this proposal is requested to allow more convenient and safer exits and it is anticipated that this added exit will result in fewer accidents and traffic nuisances on the site. He noted that no new traffic would result from this exit. Drohosky also stated that they are considering installing a fountain on the north side of the site to slow down traffic. He explained the locations on the plan. He also noted that the signage and the installation of a speed bump would slow down the cars in consideration of pedestrians. Drohosky also reported that there is a provision in the Parking and Traffic recommendation that they go back to the PTC six month after completion to report on the use of the exit and any issues that may arise. Drohosky presented a letter from the North Shore Academy in support of the project. Harris asked when the peak traffic time is for the area. Drohosky responded. Harris asked if there will be any flashing lights to caution people. Drohosky reported that there will be no flashing lights but there will be clear signage labels at the entrances and exits. Thomson noted that the traffic is already on the site and this proposal is moving it to a different exit. Zambernardi reads letter from other City Boards and Commissions as follows: William Fiore Beverly Fire Department — Date: May 15, 2013 Amy Maxner — Conservation Commission — Date: May 9, 2013 Page 5 of 7 Beverly Planning Board Minutes June 18, 2013 William Burke — Director of Public Health — Date: June 7, 2013 Richard Benevento- Chair of Parking and Traffic Commission — Date: February 12, 2013 Eric Barber — City Engineer — Date: May 20, 2013 Sgt. Russ Rollins — Beverly Police Department — May 20, 2013 Dinkin opens the hearing up for public comment at this time. Mr. David Burnham addresses the Board and expresses his opposition to the proposed exit citing safety concerns for pedestrians and the additional traffic on Balch Street. He also expressed concern about headlights disturbing residents. He questioned why this was not part of the initial application for the garage and why it is so important now. Drohosky states that they will try to work with Mr. Burnham on his concerns. He noted that they understand an abutter's right to object, but noted that Mr. Burnham is not a direct abutter. There being no further questions or comments regarding this matter, Dinkin declared the public hearing closed. The Planning Board reconvened their meeting at 8:55 p.m. Discussion/Decision — Special Permit Application #135 -13 — Cummings Center — Beverly Commerce Park, LLC Zambernardi reported that Mack and Mullady were absent from the last meeting and they have reviewed the meeting recording and have signed certifications. Thomson addresses the Board and stated that the change proposed will not change the amount of traffic on the site and there does not appear to be any safety concerns. He further stated that he thinks that the exit will be a benefit to the site and agrees with the applicant's statement of findings. Mack: Motion to approve Special Permit Application #135 -13 for Cummings Center — Beverly Commerce Park, LLC, pursuant to Section 38 -28.C2 of the Zoning Ordinance as follows: a. that the site is an appropriate location for the proposed use and that the character of the adjoining uses will not be adversely affected b. that no factual evidence is found that property values in the district will be adversely affected by such use c. that no undue traffic and no nuisance or unreasonable hazard will result d. that adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed uses e. that there are no valid objections from abutting property owners based on demonstrable fact f. that adequate and appropriate city services are or will be available for the proposed use. Page 6 of 7 Beverly Planning Board Minutes June 18, 2013 Harris seconded the motion. The motion carries (7 -0) Adjournment There being no further business to come before the Planning Board this evening a motion was made by Mack to adjourn the meeting, seconded by Matz. The motion carried (7 -0) The meeting was adjourned at 9:30 p.m. Page 7 of 7