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2013-11-19Beverly Planning Board Minutes November 19, 2013 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: Tuesday, November 19, 2013 Location: Beverly City Hall Members Present Chairman Richard Dinkin, John Thomson, Ellen Flannery, Charles Harris, Ellen Hutchinson, Michael O'Brien, John Mullady, James Matz Members Absent: David Mack 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) a. 719 Cabot Street — Proiect Adventure Atty. Mark Glovsky addresses the Planning Board and explains that the SANR being presented on behalf of Project Adventure is to divide their 65 -acre parcel at 719 Cabot Street into two lots. He explains that one parcel (2A) with the existing building that houses Project Adventure would be retained by the Trustees of the Reservation and contains ± 54.87 acres and 176 feet of frontage and the second parcel (2B) would contain ± 10.50 acres and 176 feet of frontage. He also notes that the transfer will provide an easement over lot 2B to provide access to lot 2A. There being no questions or comments regarding the ANR plan: Thomson: moves to endorse the plan as a Subdivision Approval Not Required Plan for 719 Cabot Street. Flannery seconds the motion. The motion carries (7 -0). b. 102 -108 Hart Street — Alice Miller and Mary Scannell Zambernardi explains that Ms. Miller and Ms. Scannell have filed an ANR to have the proposed lot split so that one gets the front end of the lot and the other gets the back end of the lot. Miller explains that the lot is an odd shaped lot that the two have been maintaining. Zambernardi explains the plan. There being no questions or comments regarding the ANR plan: Page 1 of 7 Beverly Planning Board Minutes November 19, 2013 Thomson: moves to endorse the plan as a Subdivision Approval Not Required Plan for 102- 108 Hart Street. Mullady seconds the motion. The motion carries (7 -0). Request for Waiver of OSRD Ordinance — Bonad and Newman Road — Trustees of the 2 Bonad Road Trust Atty. Thomas Alexander with offices at One School Street addresses the Board and explains that the applicant is requesting a waiver from the OSRD pursuant to Section 38- 24.B.II.3 of the Zoning Ordinance. Alexander explains that the Board granted SANR's for the property on Jewett, Newman and Bonad Roads in November of 2012 and May of 2013 respectively. The May approval divided 5 existing lots into 5 new ANR lots. He explains that at the time the applicant thought, through counsel, that the OSRD would not apply because the combined area of the lots was less than two acres and the ANR plan was reconfiguring 5 existing lots into 5 new lots. Alexander explains that since that time, the Building Commissioner has ruled that OSRD would apply since the approval of the ANR would result in 5 lots, one of which is where the house is located, leaving four lots which would result in the creation of 4 dwelling units. He refers to the Building Commissioner's letter dated October 31, 2013 "that because four new dwelling lots are being created, regardless of how many lots there were or how many lots there will be, the project is a covered project and must comply with the OSRD requirements ". Alexander again refers to the Building Commissioners letter and continues to explain that "a covered project shall include any development or construction of new housing .... on a tract of land that .... will create four or more new dwelling units." Alexander also explains that the Building Commissioner's letter also points out that the project would be eligible for an OSRD waiver pursuant to Section 24.B.II.3.(b) since no more than two new building lots are erected, provided that subsections (i), (ii), and (iii) are addressed. He explains that they are addressing them as follows: (i) The owner and his /her successors in title, through deed restrictions, relinquish all rights of future division that will create additional building lots together or in conjunction with land outside the tract Alexander explains that the owner by deed restriction will relinquish all rights of future division of the approved ANR lots. (ii) The applicant provides a plan identifying and delineating primary and secondary conservation areas, potentially buildable areas, and, where possible, proposed house locations Page 2 of 7 Beverly Planning Board Minutes November 19, 2013 Alexander explains that they have submitted a plan prepared by Griffin Engineering showing the primary and secondary conservation areas (Exhibit D in the packet), as well as a plan also prepared by Griffin (Exhibit E) showing buildable areas within the zoning setbacks and proposed house locations and in addition the Santin Family conveyed 17 acres of land to the City of Beverly adjacent to the SANR lots and abutting existing City owned land known as Sally Milligan Park which increased the area of the park by 56 %. (Exhibit F). (iii) The applicant satisfies the Planning Board that siting of the new houses and associated site improvements, including stormwater management, conform to the purposes and intent of this ordinance. Alexander explains that the Beverly Conservation Commission by Order of Conditions has approved the drainage improvements to Bonad and Jewett Road associated with the ANR and the grading and house locations of Lots 178 and 179 (buffer zone) consistent with DEP's Stormwater Management guidelines. Alexander concludes his remarks and states that the above outlined responses for the 5 lots complies with the requirements for a waiver and they respectfully request that the Board approve the proposed waiver. Thomson asks if the five lots will meet the standards. Alexander states that of the five lots, one will be substandard. Thomson states that he feels that the proposal is perfectly suited for a waiver as all of the requirements have been met. Thomson: moves to grant the requested OSRD waiver subject to the owner recording a deed restriction relinquishing all rights of future division that will create additional building lots together or in conjunction with land outside the tract. Flannery seconds the motion. The motion carries (6 -1) with Hutchinson opposed. Request for Minor Modification to Special Permit to Site Plan #17 -92 Herrick House — 89 Herrick Street — Lahey Health Senior Care & Beals Associates, Inc. David Webber of Beals Associates addresses the Board and explains that the proposed work includes the installation of new pavement along the westerly side of the western access road to accommodate 20 new parking spaces and additionally the existing parking area along the westerly side of the western access road would be re- striped to accommodate three new spaces bringing the total in this area from 8 to 11 spaces. Webber also explains that along the back edge of the new pavement a three -foot wide variable depth gravel infiltration trench would be installed to store and infiltrate runoff from this area. He further explains that the infiltration trench will be designed to retain and infiltrate approximately 860 cubic feet of runoff generated during a 2 -year storm event. He states that it is their opinion Page 3 of 7 Beverly Planning Board Minutes November 19, 2013 that this amount of runoff represents a de minimus change to the stormwater patterns within the site. He further notes that they have included stormwater calculations in the application. Webber explains that there are no changes to the proposed traffic patterns. Webber reviews the proposed work and states that they believe that this submission qualifies as a Minor Modification to the Site Plan based on the following: • The work will not require new curb cuts onto the Beverly Hospital Access Road or Herrick Street • The work will not require expanded access driveways onto the site • The work will not alter the traffic circulation patterns on the site • No changes are proposed to the building or any other areas of the site outside of the area of new and re- striped pavement. • Tree cutting will be restricted to the western side of the proposed parking area, and no tree cutting will be performed within the existing development footprint. • No changes will be made to the existing utility infrastructure at the site • No changes will be made to the existing stormwater management facilities • The proposal will increase the total impervious surface by approximately 6 %, representing a de minimus change in the opinion of their office Webber notes that the Fire Department has reviewed the plan and has requested that they maintain the 24" drive aisles. He also notes that Eric Barber has requested a construction and long term stormwater management plan and they have prepared that. Harris questions how many spaces they have on the site presently. Webber explains that there are 50 parking spaces. Thomson states that he feels that this would be an improvement to the parking over there noting that it is always hard to find a parking space. He also noted that it looks like the proposed area for the parking is in a different zone noting that the plan shows the Hospital District and R22. Webber explains that there is a 50 -foot offset to the zoning line and noted that the parking would be within the 50 -foot buffer. Zambernardi notes that Eric Barber, City Engineer has requested an updated Stormwater Management Plan and he would like records on this submitted to his department annually. Hutchinson asks how extensive tree cutting would be on the property for the new parking spaces. Webber explains that some trees planted during the original construction will have to be cut but there will still be a significant amount of trees on the site. Page 4 of 7 Beverly Planning Board Minutes November 19, 2013 Dinkin explains that the Boards task is to determine whether the changes are minor in nature pursuant to the zoning ordinance and should the Board determine that the changes are minor the Board shall then vote on the substance of the request. He further explains that should the Board find that the changes are major, the Board shall set a date for a public hearing to consider any public comment before the Board votes on the substance of the request. There being no further questions or comments regarding this matter: Harris: moves to find that the proposed modifications to the Special Permit 17 -92: Herrick House is minor in nature. Flannery seconds the motion. Discussion: Dinkin states that he could be persuaded either way on this, however he is not sure that he wants to set a precedent that adds impervious surface to the site without a public hearing. He asks what the increase in impervious surface will be on the site. Webber explains that the increase will be 6 %. Dinkin calls for a vote on the motion. The motion fails (4 -4). Hutchinson states that she fully supports the project but she does not feel that the proposal is a minor modification to the site plan. Dinkin suggests that the Board set a date for a public hearing. Zambernardi notes that the Board recently adopted the policy of posting public hearing start times for the start of the Planning Board meeting at 7:00 and the Board will hold hearings according to their place on the agenda. Thomson: moved that the Board set the date for the Public Hearing for Herrick House on Tuesday, December 17, 2013 at 7:00 p.m. Hutchinson seconds the motion. The motion was approved (7 -0). Presentation on the Draft Evaluation Criteria for the Community Preservation Act Proiects by John Thomson — Planning Board Community Preservation Committee Member Thomson addresses the Board and reviews the draft evaluation criteria for Community Preservation Act Projects. He reported that there will be a public hearing on the draft criteria on December 12, 2013 at 6:30 p.m. He also noted that the draft has been sent to every Board and Commission for their review. Mullady asks if there are any plans to educate residents about the buildings being presented for projects so that people can understand the historic and cultural significance of them. Thomson explains that the language was derived from the statute that governs the CPA and it was mentioned by members of the CPA committee during discussion but it is not included in the Page 5 of 7 Beverly Planning Board Minutes November 19, 2013 criteria. He notes that it is not something that is required by he would hope that the proponents of a project would include such information in their presentations for funding. O'Brien: motion to endorse the draft evaluation criteria for Community Preservation Act Projects. Mullady seconded the motion. The motion carries (8 -0). Old/New Business Zambernardi reports that Dawsons True Value Hardware Store has submitted a request for a Modification to the Site Plan Review in the watershed overlay protection district. She explains the location of the site and explains that they are proposing a storage area for bark mulch and potting soil etc. Dinkin suggests that the public hearing be set for the December 17, 2013 meeting. It was noted that they would like to start excavating now before the ground freezes. Dinkin ask if any chemical material such as ice melt will be involved. It was noted that landscaping materials packaged in bags will be stored there. Thomson: moves to schedule the public hearing for December 17, 2013 at 7:00 p.m. Mullady seconds the motion. The motion carries (8 -0). Approval of Minutes The minutes of the Planning Board meetings held on September 16, 2013, September 17, 2013, and October 15, 2013 were presented for approval. Flannery seconded the motion. The motion carried (8 -0). Review of Planning Board Meeting Schedule The Board reviewed the proposed meeting schedule for 2014 noting dates and the availability of space. Members made suggestions regarding date changes due to holidays and meeting conflicts with the City Council for the use of the Council Chambers. Zambernardi will revise the schedule and redistribute it to the members. Recognition of Leah Zambernardi Flannery informed the Board that Leah Zambernardi has passed her AICP exam to become a Certified City Planner. She noted that the Board congratulates Leah on this accomplishment and has sent some flowers from the Board. Zambernardi thanked the Board for their kindness. Adjournment Page 6 of 7 Beverly Planning Board Minutes November 19, 2013 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 (8 -0) The meeting was adjourned at 8:30 p.m. Page 7 of 7