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2013-09-03Beverly Planning Board — Public Meeting Minutes September 3, 2013 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Joint Public Hearing of the Planning Board and the Beverly City Council Date: Tuesday, September 3, 2013 Location: Beverly City Hall, City Council Chambers Members Present Chairman Richard Dinkin, Vice Chair John Thomson, Ellen Hutchinson, Ellen Flannery, John Mullady, Michael O'Brien, Charles Harris, David Mack Members Absent James Matz Councilors Present: Council President Paul Guanci, Vice President Wes Slate, James Latter, Maureen Troubetaris, Don Martin, Scott Houseman, Jason Silva, Scott Dullea, Brett Schetszle Councilors Absent: None Others Present: Mayor William Scanlon, City Planner Tina Cassidy, Assistant City Planner Leah Zambernardi, Recorder: Eileen Sacco Guanci calls the meeting to order at 7:30 p.m. Dinkin joins the Council. Recess for Public Hearings Slate moves to recess for public hearings at this time. Latter seconds the motion. The motion carried (8 -0). Thomson moves to recess for public hearings at this time. Hutchinson seconds the motion. The motion carries (7 -0). a. Joint Public Hearing — City Council Order #128 — Proposed Amendment to Zoning District May to Rezone State -Owned Land from IR to IR Overlay Cassidy addresses the City Council and the Planning Board Members and explains a brief history of the area. She recalled that in 2005 the city was approached by the CEA Group who had acquired 6.5 acres of property from the Archdiocese, and they requested a zoning change to CG for retail development. She explains that the city denied the request at the time due to a number of concerns regarding traffic and spot zoning issues and the Planning Board was not sure at the time that it was in the best interest of the city to change the zoning. Cassidy further explains that in 2009 the CEA Group did an analysis of the City's master plan and refined their proposal and requested that the city rezone several parcels along Brimbal Avenue from IR to IR Overlay, including Brimbal Avenue Development's site at the corner of Brimbal Avenue and Sohier Road. She noted that in addition to the uses allowed within the IR Zoning District, office and manufacturing etc., this new overlay district allowed that the Planning Pagel of 8 Beverly Planning Board — Public Meeting Minutes September 3, 2013 Board grant a special permit for retail uses, restaurants, dwellings in a mixed use development and personal and consumer service establishments on IR Overlay district zoned lots. Cassidy also recalls that the proponents presented a conceptual redevelopment plan for their site that included 5 buildings containing retail, office and restaurant uses and a childcare facility and associated site improvements. She noted that the city did approve the requested rezoning in 2009 which created the present Overlay District. Cassidy explains that the city has been working with the State on a redesign of the Brimbal Avenue /128 Interchange, which would include the reconfiguration of highway ramps that are part of the Phase I of that project and would be located on Brimbal Avenue. She explained that the CEA Group has agreed to a land transfer for the state's abutting land and highway off -ramp to accommodate Phase I of the project. She further explains that the land which CEA Group would receive and build their project on is currently zoned IR and the request before the city at this time is to rezone that land from IR to IR Overlay to permit the uses that CEA proposes. Cassidy also noted that those uses would still only be allowed through a special permit from the Planning Board. Cassidy turns the presentation over to Zambernardi who reviews the zoning proposal in further detail. Zambernardi explains the IR Overlay District on the map and notes that additional standards were established for the covered district. She further noted that the additional uses are only allowed by a special permit from the Planning Board. She reviews the potential uses for the site. Zambernardi notes that the CEA parcel is 6.5 acres and the land transfer request is for 2.9 acres of CEA land to be transferred to the state and that 3.7 acres of state land be transferred to CEA which would make their property 7.3 acres. She noted that they are requesting the zoning change because the state parcel remains IR zoning and they are requesting that the overlay district be extended to include the state owned parcel. Guanci opens the hearing up for comments from City Councilors at this time. Councilor Martin asks what would happen if the land transfer occurs but the zoning change is denied. Zambernardi states that the CEA Group would not be able to build any of the uses that are allowed in the IR Overlay District. Councilor Schetszle noted that if the land swap happens but the rezoning does not it will still be zoned IR. Zambernardi agrees noting that the land in question would not have the benefit of the uses allowed by special permit. Councilor Latter asked if the land transfer is contingent on the rezoning. Mayor Scanlon stated that it is contingent upon it. Councilor Troubetaris notes that a portion of the parcel is in the IR zone and they would be allowed to build what was proposed in 2009. Mayor Scanlon addresses the Council and the Planning Board and states that there is a lot of misunderstanding regarding the matter at hand. He explains that the Brimbal Avenue project is the single most promising economic development prospect in the city's foreseeable future. He Page 2 of 8 Beverly Planning Board — Public Meeting Minutes September 3, 2013 notes that at build out, it has the potential to create up to 7,500 good, regional jobs in a variety of business sectors and generate millions in new real estate revenue annually. Mayor Scanlon states that Brimbal Avenue in its present state is unsafe and the proposed improvements will improve almost all service levels to "A" and reduce traffic movement to less than 10 seconds. Mayor Scanlon also notes that when Phase II of the Brimbal Avenue project is complete no vehicle traveling north or south on 128 to the North Shore Music Theater will have to use Brimbal Avenue. Councilor Latter asked what the project revenue will be from the development of the CEA project. Mayor Scanlon states that they estimate 7,500 good, regional jobs will result and an estimated $8 million dollars in new growth annual receipts to the City of Beverly. He notes that the money could be used for infrastructure improvements for the city noting the new middle school project and the need for a new police headquarters. Councilor Slate notes that earlier this year the City Council passed a resolution in support the reconfiguration of the Brimbal Avenue /128 Interchange project. He also notes that this is not going to get resolved quickly and certainly not this evening. Councilor Slate expresses concern about the impact the development will have on the residents off Brimbal Avenue. Mayor Scanlon notes that no home in this stretch of Brimbal Avenue will be affected and eventually Dunham Road will be a dead end. Councilor Houseman expresses concern about turns that fail, noting that a left turn at the Vittori Rocky Post fails. He questions the roundabout design that is proposed for Brimbal Avenue. Mayor Scanlon explains that a lot of time was spent by the State reviewing designs and the roundabout functions quite well in other locations around the state, noting that the Mass Department of Transportation is proposing to install them wherever they can across the state. Councilor Houseman asks what section of Brimbal Avenue will be four lanes. Mayor Scanlon explains that there will be four lanes by the roundabout to create a turning lane. He also notes that all of the models indicate that there will be increased safety on Brimbal Avenue. Councilor Schetszle asks if there is a project that could not be built in the IR zoning district. Cassidy explains that the 2009 CEA proposal called for a 77,000 s.f retail, restaurant, office space project. She further explains that their proposal now is for a 70,000 s.f project for an anchor store, restaurant, office space and a bank. She notes that the present zoning would not allow the restaurant and the retail space, which is why they are requesting to extend the IR Overlay zoning for this parcel. She also notes that all of the permits requested will require public hearings. Dinkin explains that the Special Permit process requires the Planning Board to hold a public hearing and notes that the Planning Board has a broad authority to condition such permits. Page 3 of 8 Beverly Planning Board — Public Meeting Minutes September 3, 2013 Councilor Guanci notes that the CEA Group never formally applied to the Planning Board in 2009 and what was presented at the time of the consideration of the zoning changes proposed was conceptual. Councilor Silva asked what the process is moving forward. Cassidy explains that if the approvals were granted for the zoning change then the city would apply for a grant for $5 million dollars to fund the construction of Phase I of the Brimbal Avenue project and the city could go out to bid by the end of the year. Councilor Troubetaris asks if a residential mixed use project could be built on the site. Cassidy explains that it could be built by special permit, although it is not what is being proposed at this time. Councilor Troubetaris also expresses concern about parking for the project. Zambernardi reviews the parking requirements for the site and noted that parking could be granted by special permit as well. Councilor Slate asks for a comparison of another local site that is comparable in size to what is being proposed. Mayor Scanlon states that he would have to look into that. Councilor Slate notes that when he thinks of an anchor store he thinks of larger stores such as Sears or Macy's and asks what they mean by anchor store for this site. Mayor Scanlon states that the developer has indicated that a Whole Foods Market could be on the site. Councilor Houseman states that he is concerned about the quality of life for the residents of Brimbal Avenue with regards to traffic and he is trying to get a handle on how that is going to be. Mayor Scanlon states that he feels that the traffic and safety will improve with this project. Houseman notes that the traffic in North Beverly is bad and he is concerned about tying that configuration together. He questions where the people coming to Whole Foods would be coming from. Mayor Scanlon agrees that Route IA traffic is a mess and the state would have to take 25 houses to fix that problem. Councilor Houseman states that he is concerned that another shopping destination in the city will have an impact on the downtown businesses. Cassidy notes that this was a concern of the Planning Board in the 2005 discussions of the zoning changes. She also notes that some of the same concerns were expressed with regards to the Cummings Center as well. Councilor Martin states that if the Brimbal Avenue project does not happen, traffic will be increased. Cassidy states that there are ways to estimate traffic and during the special permit process the Planning Board will look at traffic studies regarding uses etc. She also notes that often the Planning Board will ask for an independent third party review of the plans that will make a recommendation to the Planning Board. Guanci opens the hearing up for comments from members of the Planning Board at this time. Page 4 of 8 Beverly Planning Board — Public Meeting Minutes September 3, 2013 Harris asks what the traffic configuration on Brimbal Avenue will be during construction. Cassidy explains that they do not know that at this point. She estimates that the construction is expected to be 12 months and she has never heard of any intent to close the ramp. Guanci opens the hearing up for public comments at this time. Michael Logan of 15 Walnut Avenue addresses the Council and Planning Board and states that he has lived in the neighborhood since 1953 growing up on Budleigh Avenue. He notes that nothing has been mentioned that the property was the old dump and the guidelines from the EPA will not allow a childcare center or uses for the elderly on the site. He also notes that there are traffic concerns and mentions the area of the train station. He expresses concerns about the traffic in North Beverly that has resulted from the development over there. Neal Douglas of 125 New Balch Street addresses the Council and the Planning Board and states that he is a member of the Beverly Economic and Community Development Council. He explains that they have been reviewing the potential impact of the redesign of the traffic system and the improvements in the traffic that will result. Mr. Douglas reads a prepared statement in support of the rezoning proposed. David Foss addresses the Council and the Planning Board and states that he is in favor of the redesign of Brimbal Avenue but he is concerned about the additional traffic the proposed development will bring. Mathew Kirsch of 94 Brimbal Avenue addresses the Council and the Planning Board and states that he is happy to see the traffic fixed but he is concerned about the additional traffic that will be created by the proposed development. Jill Holak of 71 Brimbal Avenue addresses the Council and the Planning Board and expresses concern that she heard about this public hearing from a flyer that a neighbor put in her door. She expresses concern about the traffic on Brimbal Avenue and notes the presence of the Hannah School and her concern for children that walk to school and the impact that additional traffic will have on them. She also states that she is concerned that the state granted a waiver for the requirement of an Environmental Impact Report. Dan D'Angelis of 207 Brimbal Avenue addresses the Council and the Planning Board and states that he is concerned about the additional traffic that the development will bring. He also expresses concern about the impact of four sets of traffic lights on the street. He also states that it is hard to believe that a big box store will not create additional traffic. Mayor Scanlon explains that there are plans to build a great deal more sidewalks in the area. He also explains the plans for the traffic signals. Rene Mary of 274 Hale Street addresses the Council and the Planning Board and expresses her concerns about the proposed zoning changes. She states that she has read all of the zoning ordinances and she believes that the developer should not be able to pick and choose zoning to Page 5 of 8 Beverly Planning Board — Public Meeting Minutes September 3, 2013 suit their pocket books. She states that this calls for a serious discussion with regard to the quality of life for the residents of Brimbal Avenue as well as noise and air pollution. Mary Rodrick of 14 Peabody Street addresses the Council and the Planning Board and informs them that this is an illegal meeting because there is not enough seating for everyone that is present. Ms. Rodrick also states that some of the residents of Beverly have been opposed to the development of this site since 2005 and they were opposed to the overlay district. She notes that she feels that a public meeting on the entire Brimbal Avenue project should be held to inform the public. She also questions if the city can rezone land that does not belong to the city. Cassidy address Ms. Rodricks question regarding the authority of the city to rezone the land. She explains that the City Council has the authority to rezone a parcel after a public hearing is held and the city does not have to own the property to do so. Ms. Rodrick states that she is opposed to the proposed shops for that site, questioning whether the city needs another Dunkin Donuts or a McDonalds. Councilor Guanci notes that the hour is late (9:15 p.m.) and he would like to continue the Public Hearing to September 16, 2013 at 8:00 p.m. He notes that the City Council has some Committee work that they need to attend to this evening as well. Councilor Slate moves that the City Council continue the public hearing to Monday, September 16, 2013 at 8:00 p.m. Silva seconds the motion. The motion carries (9 -0). Thomson moves that the Planning Board continue the public hearing to Monday, September 16, 2013 at 8:00 p.m. O'Brien seconds the motion. The motion carries (7 -0). The Joint Public Hearing was adjourned at 9:15 p.m. Page 6 of 8 Beverly Planning Board — Public Meeting Minutes September 3, 2013 This Documents is Subject to Review and approval by the Planning Board CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Special Meeting of the Planning Board Beverly City Council Date: Tuesday, September 3, 2013 Location: Beverly City Hall, Conference Room Members Present Chairman Richard Dinkin, Vice Chair John Thomson, Ellen Hutchinson, Ellen Flannery, John Mullady, Michael O'Brien, Charles Harris, David Mack Members Absent: James Matz Others Present: Assistant City Planner Leah Zambernardi, Steve Connelly, Atty. Miranda Gooding Recorder: Eileen Sacco Dinkin calls the meeting to order at 9:20 p.m. Request for Minor Modification to Site Plan #110 -13 — New England Academy — 96 Cherry Hill Drive — Connelly Brothers Inc. Steve Connelly addresses the Board and recalls that the Board granted approval for Site Plan Review to construct a two story, 40,000 s.f building for a private secondary school with accessory cafeteria, gymnasium, athletic field and 80 parking spaces in the IR zoning district in March of 2013. He explains that the improvements were primarily on the 96 Cherry Hill Drive parcel and only grading supplemental to the parcel would occur on 102 Cherry Hill Drive. Connelly explains that he recently learned that the approve site layout must be modified due to FAA requirements for protecting restricted air space. He explains the changes to the project which include "flipping the building in the East/West axis and moving the building parking lot and playing field 10 feet toward Cherry Hill Drive." He also notes that there will be minor changes in grading. Connelly also explains that he has reviewed this matter with the Parking and Traffic Commission and there will be no impact. He also notes that the City Engineer has reviewed this and has no concerns since there is no change in the use of the building. Atty. Gooding addresses the Board and explains that they are here this evening to request that the Board find that this change is a minor modification and to approve the minor modification if they find it to be one. Thomson asks if there will be any changes to the impervious surface on the site. Mr. Connelly reports that there is actually slightly less impervious surface on the site with the change. Page 7 of 8 Beverly Planning Board — Public Meeting Minutes September 3, 2013 Thomson asks if there will be any changes to the parking spaces on the site. Connelly explains that there will be no changes. Dinkin explains that the Board's task is to determine whether the proposed changes are minor in nature and if the Board makes such a determination then it needs to vote on the substance of the request. Thomson: moves that the Planning Board find that this is a minor modification to the approved site plan. Mullady seconds the motion. The motion carries (7 -0). Thomson: moves that the Planning Board approve the minor modification to the site plan #110- 13 — New England Academy — 96 Cherry Hill Drive — Connelly Brothers Inc. Mullady seconds the motion. The motion carries (7 -0). There being no further business to come before the Planning Board this evening a motion was made by Flannery to adjourn the meeting, seconded by Thomson. The motion carried (7 -0) The meeting was adjourned at 9:30p.m. Page 8 of 8