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2013-10-15CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Date: Location: Members Present Members Absent: Others Present: Recorder: Planning Board Meeting Tuesday, October 15, 2013 Beverly City Hall Chairman Richard Dinkin, John Thomson, Ellen Flannery, Charles Harris, Ellen Hutchinson, Michael O'Brien, John Mullady, James Matz David Mack 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) a. 20 and 22 Elnew Avenue — Chitro Family Series LLC Atty. Mark Glovsky addresses the Planning Board and explains that the SANR is for lots currently owned with cumulatively 19,588 s.f of area and 140 feet of frontage on Elnew Avenue. Both lots are vacant and about 35 feet of the frontage is paved. He explains that this SANR proposes to combine 20 and 22 Elnew into one building lot. Glovsky also explains that they are requesting that the Planning Board make a determination pursuant to Zoning Section 38 -2.1328 that " Elnew Avenue, as shown on the Plan is a way in existence when the Subdivision Control Law became effective in Beverly, having sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to use of the property (for one single family house lot) abutting thereon (shown as lot 20 -21 and for the installation of municipal services to serve such land and the buildings to be constructed thereon." Glovsky also states that Elnew Avenue is partly a paper street that leads to city owned Conservation Land and no future development is expected. Glovsky also explains that the Planning Board has the authority to find that the lot does not have to have 100 feet of paved frontage, and that this will only serve one lot and it is safe for vehicular access for one house. Thomson asks if there are any buildings on the land. Glovsky explains that the lots are vacant and explains the location of the lots on the plan. He also notes that the decision of the Planning Board is needed to indicate to the Building Inspector that the frontage is sufficient. Matz notes that the entrance to Norwood Pond goes through the lots. Glovsky states that he Draft Beverly Planning Board - Minutes October 15, 2013 talked with the Beverly Conservation Commission Agent Amy Maxner and she is well aware that that the trail location goes through the property and they will propose to give the city an easement to enter the site further down on the property. Dinkin suggests that the Board resolve the issue of the ANR at this time. There being no questions or comments regarding the ANR plan: Harris: moves to endorse the plan for Subdivision Approval Not Required for 20 -22 E1newAvenue. Thomson seconds the motion. The motion carries (8 -0). ( The Chair did not vote) Dinkin explains that the other task before the Board at this time to determine whether 40 feet of paved frontage is adequate, inadequate or to decline to issue an opinion. He explains that if the Planning Board finds that this is inadequate the applicant will have to go to the Zoning Board of Appeal and then come back to the Planning Board for a Special Permit. Thomson states that he does not know why they are asking for this, noting that the street is not going to be extended or serve more than one lot. Glovsky states that the owner of the property has let the city use a portion of his property for years. Dinkin questions if there is sufficient access for emergency vehicle access. Glovsky explains the fire access. Glovsky suggests that they could put a note on the plan so that the record is clean and the Planning Board could qualify that the frontage is sufficient for one house. Glovsky also states that there is no interest to be served that requires additional paving and if they were to go to the expense of additional paving they would be looking to have two lots. Dinkin states that as long as they can get a fire truck down there, he is fine with this. Thomson: motion to approve the request to find that there is adequate paved frontage for access to one house lot. Flannery seconds the motion. The motion carries (6 -1) (Flannery, Thomson, O'Brien, Mullady, Matz, Harris in favor) (Hutchinson in opposition). b. 76 and 80 West Street — Charles and Melissa Dane and Christopher Smallhorn Zambernardi explains that the Danes and the Smallhorns have submitted a SANR plan to convey a 3,237 s.f parcel from the Danes to the Smallhorns. She notes that the Danes property would remain in conformance with the R45 zoning requirements of 175' of frontage and 45,000 s.f. of Page 2 of 4 Draft Beverly Planning Board - Minutes October 15, 2013 land area after the land transfer. She also states that the Smallhorns property would be brought into closer conformance with the zoning requirements as a result of this land transfer. Zambernardi states that Planning Department staff reviewed this plan and recommends that the Board endorse the plan as one not requiring approval under the subdivision control law. There being no questions or comments regarding the SANR plan: Thomson: moves to endorse the plan for Subdivision Approval Not Required for 76 and 80 West Street. Flannery seconds the motion. The motion carries (7 -0). Request for Minor Modification to Special Permit 133 -12: Solar Farm — 1 -3 Caitlin Road — Cabot Beverly, LLC /Caitlin LLC David Albrecht, the Civil Engineer for the project addresses the Planning Board and explains that they are requesting that the Board approve the proposed modifications to the previously approved plans. Albrecht explains that the system size remains 2.0 mW AC with the same number of modules (8,838). He reviews the following modifications as follows: Lower Racking Tilt Angle of 20" vs. 25" along with a different module configuration of 5 x 6 vs. 4 x 6. He explains that this results in better production from the system and the height of the modules is approximately 4 inches higher (8'4 ") and this is still significantly lower than the maximum allowed by the FAA which is 10 feet. Combined Electrical Equipment Area they have taken two separate equipment areas and combined them together. This reduces the number of inverters and transformers necessary to operate the site. It also reduces the length of medium voltage cabling and therefore energy losses since the combined location it is closer to the interconnections. Row Spacing the distance between the rows of racking is approximately 12 feet vs. the 13 feet that was approved. This results in fewer rows and along the 5 x 6 module configuration and shorter rows. Fencing — Due to the shorter rows the fencing along the west and east has been shifted internally, reducing the fenced in area by approximately 0.5 acres. Albrecht also states that they believe that the proposed modifications are minor in nature and are compliant with the provisions of the zoning ordinance and additionally these changes do not expand the scope and nature of the original permit. Matz asks if the new proposal is for less area than was approved. Albrecht explains that there is one less row on each side of the array. Page 3 of 4 Draft Beverly Planning Board - Minutes October 15, 2013 Zambernardi notes that there is a slight change to the access road as well. Albrecht explains that it was moved a little due to topography issues. Dinkin explains that the Planning Board has to decide if the proposed modification is a minor modification and if it so finds, they must also vote to approve the minor modification. There being no further questions or comments regarding this matter: Thomson: moves to find that the proposed modifications to the Special Permit 133 -12: Solar Farm — 1 -3 Caitlin Road — Cabot Beverly, LLC /Caitlin LLC is minor in nature. Harris seconds the motion. The motion carries (7 -0). Thomson: moves to approve the minor modification to the Special Permit 133 -12: Solar Farm — 1 -3 Caitlin Road — Cabot Beverly, LLC /Caitlin LLC is minor in nature. Harris seconds the motion. The motion carries (7 -0). Approval of Minutes The minutes of the Planning Board meetings held on September 3, 2013 were presented for approval. Flannery: motion to approve the minutes of the Planning Board meeting held September 3, 2013 as submitted. Mack seconded the motion. The motion carried (7 -0). Schedule Joint Public Hearing with the Beverly City Council Zambernardi explains that a public hearing with the City Council has been scheduled for Monday, November 18, 2013 at 7:30 p.m. for the purpose of reviewing a zoning amendment to the IR Zoning District. O'Brien: moves to schedule a joint public hearing with the Beverly City Council on Monday, November 18, 2013. Flannery seconds 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 Harris to adjourn the meeting, seconded by Flannery. The motion carried (7 -0) The meeting was adjourned at 8:00 p.m. Page 4 of 4