Loading...
2013-07-16CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Date: Location: Members Present Members Absent: Others Present: Recorder: Planning Board Meeting Tuesday, July 16, 2013 Beverly City Hall Chairman Richard Dinkin, Ellen Flannery, Charles Harris, Ellen Hutchinson, David Mack, Michael O'Brien Vice Chair John Thomson, James Matz, John Mullady Assistant City Planner Leah Zambernardi Eileen Sacco Dinkin calls the meeting to order at 7:00 p.m. Subdivision Approval Not Required Plans (SANR's) There are no SANR's this evening. Request for Minor Modification to Approved Site Plan #107 -12— Northwest Parking Deck — Cummin2s Center — Beverly Commerce Park, LLP Steve Drohosky addresses the Planning Board and states that this is the last piece of administrative business relative to the proposed driveway opening in the northwest parking deck special permit that was approved by the Planning Board at the June 2013 meeting. He requested that the Board approve a determination that the addition of the new exit as it was approved by the Special Permit is a minor modification to the approved site plan. Dinkin explained that the task of the Planning Board is to determine whether the proposed change is minor in nature and if so, a vote is needed on the substance of the request. There being no further questions or comments regarding this matter: O'Brien: Motion that the Planning Board find that the request for a Minor Modification to the Approved Site Plan #107 -12 — Northwest Parking Deck for the Cummings Center, Beverly Commerce Park LLC is a Minor Modification. Flannery seconded the motion. The motion carries (4 -0 -1) with Hutchinson abstaining. Harris: Moved to approve the Minor Modification for the Approved Site Plan #107 -12 — Northwest Parking Deck for the Cummings Center, Beverly Commerce Park LLC. Flannery seconded the motion. The motion carries (4 -0 -1) with Hutchinson abstaining. Beverly Planning Board Minutes July 16, 2013 Cluster Subdivision Plan — Chapman's Corner Estates (Settlement Plan) — Expiration of Construction Completion Date — Manor Homes Development, LLC Zambernardi explains that the Board approved the cluster subdivision plan in July 2008 at the corner of Hale Street and Boyles Street which involved the creation of Whitehall Circle with access from Boyles Street and Birch Woods Drive, creating frontage for 32 building lots and a 6 acre open space parcel. Zambernardi explains that the original completion deadline was July 28, 2010 and the Board granted a one -year extension of that deadline to July 28, 2011. She further explains that on July 19, 2011, the Board acknowledged that the project receives an automatic 2 -year extension of the completion deadline pursuant to the "Permit Extension Act ", Section 173 of Chapter 240 of the Acts of 2010, making the new completion deadline July 28, 2013. Zambernardi reported that the Board has received a letter from Kim Kramer of Berluti McLaughlin & Kutchin, requesting acknowledgement that the project is to receive another 2 -year extension of the completion deadline pursuant to the "Permit Extension Act ", Section 173, Chapter 240 of the Acts of 2010 as amended by Sections 74 and 75 of Chapter 238 of the Acts of 2012, which automatically extends projects by an additional two years and therefore the new completion date for Chapman's Corner is extended to July 28, 2015. Harris: Motion to acknowledge that the completion date for Chapman's Corner Subdivision has been advanced to July 28, 2015. The motion carries (5 -0). Approval of Minutes The minutes of the Planning Board meetings held on April 9, 2013, April 16, 2013, May 1, 2013, May 6, 2013, and May 21, 2013 were presented for approval. Hutchinson: Motion to approve the minutes of the Planning Board meetings held April 9, 2013, April 16, 2013, May 1, 2013, May 6, 2013, and May 21, 2013 on as submitted. Harris seconded the motion. The motion carried (5 -0). New /Other Business Public Hearing on Brimbal Avenue Zoning Changes Zambernardi explained that proposed zoning changes for Brimbal Avenue have been submitted to the Beverly City Council and the City Council has scheduled a joint public hearing with the Planning Board for Tuesday, September 3, 2013 at 7:30 p.m. Discussion Regarding Planning Board Meeting Notices and Correspondence Mack suggests that the make a request to the City Solicitor to see if it is possible to make letters and comments from city departments and other city boards and commissions available Page 2 of 6 Beverly Planning Board Minutes July 16, 2013 electronically so that they do not have to be read at the meetings. It was also suggested that the Board investigate whether exact times need to be posted for the start of public hearings on the agenda, noting that if an item gets postponed or canceled the Board has to wait until the specified time to start the public hearings. Dinkin states that it is his understanding that the posting of a public hearing must contain a date and time certain but he is willing to get an opinion from the City Solicitor on the matter. Zambernardi noted that the Conservation Commission and the Zoning Board of Appeal post their hearings to start at the start of the meeting and continues on with the agenda throughout the evening. She will check with the City Solicitor on the requests. Dinkin recessed the meeting for scheduled public hearings. Recess for Public Hearings Flannery: Motion to recess for public hearings. O'Brien seconded the motion. The motion carried (5 -0) Public Hearing — Modification #1 to Site Plan Review Application #104 -11 — 128 Park Street — Wayne Realty Trust Zambernardi reads legal notice. Mr. Wayne Britton addresses the Board and explains that the Board approved the site plan for 128 Park Street in October of 2011 to build two multi- tenant industrial garages totally 33,387 s.f. containing 17 units and an office area. He noted that at the last Planning Board meeting he requested a minor site plan modification to allow that a loading platform be added to the back of Unit A -9 which is located at the rear left of the site. After some discussion regarding the matter at the last meeting it became evident that the loading platform would encroach upon the MBTA owned land at the rear of the site and he informed the Board that he was in the process of obtaining permission to use the MBTA's land for the loading platform. It was also noted that the plans that he submitted did not show how a truck would access the loading platform and parking spaces were shown blocking the access point to the loading platform. Britton noted that the Board denied the request as submitted at the last meeting and he has filed a formal modification of the site plan to allow for the loading platform. A letter was submitted with supporting documents from the designated representative of the MBTA, indicating that the MBTA will convey an easement to Wayne Realty Trust and that they may proceed with the permitting for the construction of the loading platform at unit A -9. Dinkin noted that he was hoping to see the actual easement from the MBTA and suggested that if the Board is inclined to approve this tonight that a condition be placed on the approval that Mr. Britton will provide the final easement within a specified period of time and suggested 120 days. Page 3 of 6 Beverly Planning Board Minutes July 16, 2013 Flannery noted that there were concerns about the layout of the parking spaces and the access to the loading dock. Zambernardi explains that Mr. Britton has amended the plan to show a paved area to the loading platform and it has been reviewed by the Parking and Traffic Commission and the parking for the site will still be in compliance. Zambernardi reads comments from the Parking and Traffic Commission, Beverly Conservation Commission, Design Review Board, and the Engineering Department. Zambernardi notes that the Engineering Department reported that according to city records the applicant has not complied with the terms set forth in their storm water management plan as provided to the City in 2011, as records were never submitted during construction, nor were they submitted annually as required. She noted that Mr. Britton satisfied this requirement today with Eric Barber. Dinkin opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. Dinkin declares the public hearing closed. Hutchinson: Motion to approve the proposed modification to site plan Review Application #104 -11 — 128 Park Street — Wayne Realty Trust, with the condition that the applicant submit written proof of the easement with the MBTA within 120 days of the granting of this decision and that the conditions recommended by other city Boards and Commissions be included in the approval. Mack seconded the motion. The motion carries (5 -0). Continuation of Public Hearing — Site Plan Review Application #111 -13 — 50 Dunham Road — Anderson Clark LLP Mack: Motion to waive the reading of the legal notice. Hutchinson seconded the motion. The motion carried (5 -0). Steve Drohosky addresses the Planning Board and recalls that the public hearing began on June 18, 2013 and was continued at their request without discussion. He explained that they are proposing to construct a mixed use building and parking structure at 50 Dunham Road which is proposed to be a 120 square foot building on the site of the former Parker Brothers Headquarters. He also noted that they are proposing a 5 -story parking garage next to it with a connecting foot bridge. He noted that this is an as of right project and no variances are needed and it is outside of the No Disturb Zone relative to the Conservation Commission. Drohosky reported that the Parking and Traffic Commission requested a traffic analysis and they hired Jacobs Engineering to conduct the study of the traffic around the site. He also reported that they have met with the neighbors to talk about screening for the project. Page 4 of 6 Beverly Planning Board Minutes July 16, 2013 Drohosky reported that the traffic survey shows that the interchange at Brimbal Avenue is sufficient at this time and the level of service would be in an acceptable range. He also noted that if another building were to be built on the site there would have to be some mitigation for the additional traffic and changes to the level of service. He reported that they met with the Parking and Traffic Commission and they requested that they go back to them a year after the Certificate of Occupancy is issued to review what is happening in the area. Drohosky also reported that a neighborhood meeting was held and the neighbors were in agreement in principal of the plan for the proposed vegetated screening for the site. He explained that there was a request for screening to block the building from the view of the residents. Dinkin asked if the proposed screening would cost any residential parking. Drohosky explains that there may be some reconfiguration but it will be preserved and explained the location on the plan. He noted that they held productive conversations with the neighbors and they want to maintain a good relationship with them. Zambernardi reads letters from the Board of Health, Design Review Board, Beverly Fire Department and the Beverly Conservation Commission into the record. O'Brien asked if the reconfiguration of the Brimbal Avenue exchange would affect the project. Drohosky reviewed the plans with the Board. Dinkin opened the hearing up for public comment at this time. Ted Rigante representing the condo owners addresses the Board and stated that they have been working with Mr. Drohosky and his team and they have come to an agreement in principal. He stated that he is satisfied. Dinkin asked if they are going to draft a formal agreement. Drohosky states that he anticipates that a document will be in place in two weeks. Dinkin reviews the Parking and Traffic Commission recommendation regarding traffic. He states that he is curious as to why wait a year, questioning whether they would have the building taken down if the traffic is degraded. Drohosky explains that there may be modest solutions that could be proposed to alleviate traffic concerns such as direction of traffic flow etc. Mack asks if the existing parking on the site is adequate. Drohosky explains that the total parking on the site is 793 spaces and 730 are required. Harris expresses concern about traffic from the North Shore Music Theater. Dinkin notes that the traffic from the North Shore Music Theater is outside of normal business hours. Flannery asks if there are any traffic concerns for the residents of Colonial Road. Drohosky explains that the traffic study indicates that there will be minimal impact. There being no further questions or comments regarding this matter, Dinkin declares the public hearing closed. Discussion/Decision — Site Plan Review Application #111 -13 — 50 Dunham Road — Anderson Clark LLP Page 5 of 6 Beverly Planning Board Minutes July 16, 2013 Mack: Motion to approve the Site Plan Review Application #111 -13 for 50 Dunham Road subject to the incorporation of all letters and comments from departments and further provide for a condition that the applicant go back to the Parking and Traffic Commission within a year of the issuance of the Certificate of Occupancy to review traffic conditions. Flannery seconded the motion. The motion carried (5 -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 Flannery. The motion carried (5 -0) The meeting was adjourned at 8:30 p.m. Page 6 of 6