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:
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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
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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
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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.
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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
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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
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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.
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