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2013-12-17Beverly Planning Board Minutes December 17, 2013 Board: Date: Location: Members Present Members Absent: CITY OF BEVERLY PUBLIC MEETING MINUTES Planning Board Meeting Tuesday, December 17, 2013 Beverly City Hall Chairman Richard Dinkin, John Thomson, Ellen Flannery, Charles Harris, Ellen Hutchinson, Michael O'Brien, John Mullady, James Matz 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. 181 Elliot Street — Beverly Commerce Park LLC Steve Drohosky of Beverly Commerce Park LLC addresses the Planning Board and explains that they have submitted an SANR plan to consolidate all of their parcels at their Elliot Street location into one contiguous lot containing 50.91 acres. He explains that these parcels include the cul de sac turnaround layout at the Elliot Street entrance, the IR zoned lot at the corner of Elliot and McKay Street and the larger parcel containing the Cummings Center Buildings. Drohosky explains that they are doing this to simplify the plans and to have an accurate plan on file at the Registry. Dinkin asks if planning staff agrees that the plan conforms to the subdivision control regulations. Zambernardi agrees that the plan conforms. There being no questions or comments regarding the ANR plan: Thomson: moves to endorse the plan for Subdivision Approval Not Required for 181 Elliot Street. Flannery seconds the motion. The motion carries with the chair voting in favor. Thomson: moves to recess for a public hearing at this time. Flannery seconds the motion. The motion carries (5 -0). Request for Modification to Special Permit to Site Plan #17 -92 Herrick House — 89 Herrick Street — Lahey Health Senior Care &Beals Associates, Inc. Page 1 of 7 Beverly Planning Board Minutes December 17, 2013 Dinkin calls the public hearing to order. Zambernardi states that the applicant is not present at the meeting at this time, but is expected to be here. Zambernardi notes that the Planning Board heard the presentation on the proposal for the addition of 23 parking spaces and a 3 foot wide infiltration trench to store and infiltrate stormwater runoff in the area at the last meeting. Dinkin asks if members of the Board have any comments. There are none. Dinkin asks if there is anyone present who wishes to comment on the matter. There are none. Zambernardi notes that there are several comment letter regarding the proposal and suggests that an approval contain the conditions suggested. Thomson: moves to waive the reading of the comment letters. Flannery seconds the motion. The motion carries (5 -0). There being no further questions or comments regarding this matter, Dinkin declares the public hearing closed. Dinkin calls the regular meeting of the Beverly Planning Board back into regular session. Discussion/Decision - Request for Modification to Special Permit to Site Plan #17 -92 Herrick House — 89 Herrick Street — Lahey Health Senior Care &Beals Associates, Inc. Thomson: moves to approve the modification to the Special Permit to Site Plan #17 -92 with the comments from other City Agencies incorporated as conditions. Flannery seconds the motion. The motion carries. The Chair votes in favor. Thomson: moves to recess for another public hearing at this time. Flannery seconds the motion. The motion carries (5 -0). Request for Modification to Site Plan #136 -13— and Modification to Special Permit #71 -94 and Site Plan # 22 -94 — Dawson's Hardware — 50 Enon Street — JRLD Realty LLC Zambernardi reads legal notice. Attorney Thomas Alexander with offices at 1 School Street, Beverly addresses the Board and explains that since the petition was filed they have amended it to eliminate the proposed shed due to the impact on the parking area and concerns of the Parking and Traffic Commission. He noted that the shed is not essential to the business at this time and the owners decided to eliminate it from the proposal. Page 2 of 7 Beverly Planning Board Minutes December 17, 2013 Alexander explains that the outdoor storage area will be 1,500 s.f and will be used for the storage of bags of mulch, potting soil, top soil and compost which will be stored in individual bags and shrink wrapped. He noted that there will be no storage of chemicals or fertilizers or rock salt as specified in the original approval. Alexander states that they have been to the Beverly Conservation Commission and they determined that the site is outside of their jurisdiction. He also reported that the plans were reviewed by the Salem Beverly Water Supply Board and a letter approving the project is included with their application. Alexander reported that the City Engineer has reviewed the stormwater calculations with Peter Ogren. Jim Dawson addresses the Board and notes that Dawson's is a long standing Beverly family business. He explained that in addition to the proposed changes described by Attorney Alexander they are planning to install a fence or natural landscaping at the top of the bank. Thomson asks if they are planning on installing hay bales during the construction of the site. Dawson states that they have no plans for them at this time but they would be willing to do so if the Board wishes. Zambernardi explains that Eric Barber has made it a practice to request stormwater management updates and he has requested that they be submitted before construction starts. She also notes that he requires pre and post construction measures that would include protecting the resource areas. Dinkin asks if there are any more comments from the Board. There are none. Dinkin asks if there are questions from the public at this time. There are none. Zambernardi notes that there are several comment letter regarding the proposal and suggests that an approval contain the conditions suggested. Thomson: moves to waive the reading of the comment letters. Flannery seconds the motion. The motion carries (5 -0). There being no further questions or comments regarding this matter, Dinkin declares the public hearing closed. Dinkin calls the regular meeting of the Beverly Planning Board back into regular session. Discussion/Decision - Modification to Site Plan #136 -13— and Modification to Special Permit #71 -94 and Site Plan # 22 -94 — Dawson's Hardware — 50 Enon Street — JRLD Realty LLC Page 3 of 7 Beverly Planning Board Minutes December 17, 2013 Thomson: moves to approve the modification to the Modification to Site Plan #136 -13 — and Modification to Special Permit #71 -94 and Site Plan # 22 -94 — Dawson's Hardware — 50 Enon Street — JRLD Realty LLC, incorporating the suggested conditions of approval of other City agencies as conditons. Flannery seconds the motion. The motion carries. Request for Minor Modification to Site Plan #109 -13 — Woodbury Food Market — 157 Essex Street — CD Patel, Inc. Mr. Miles Gattenby of Kelleher Construction addresses the Board and explains that they are requesting a minor modification of the site plan for the extension of the roof screen and modifications to the sliding door openings and modifications to the dimensions of the northwest corner wall to accommodate the sliding doors. Mr. Gattenby explains the changes to the plans and noted that the roof screen needs to be extended to accommodate a larger unit on the roof. Dinkin asks if the changes to the sliding doors will be handicapped accessible. Mr. Gattenby states that it will be in compliance with ADA regulations and explains the dimensions of the doorway. Dinkin asks if there are any more comments from the Board. There are none. Dinkin reminds the Board the there are two tasks before them. The first being to find whether the proposed changes are minor in nature and if so to approve them. Thomson: moves to find that the proposed modifications to Site Plan #109 -13 — Woodbury Food Market — 157 Essex Street — CD Patel, Inc. are minor modifications to the approved site plan. Flannery seconds the motion. The motion carries. Thomson: moves to approve proposed modifications to Site Plan #109 -13 — Woodbury Food Market — 157 Essex Street — CD Patel, Inc. Flannery seconds the motion. The motion carries. Request for Minor Modification to Site Plan #100 -09 — Black Cow Restaurant — One Water Street — Joseph Leone Mr. Doug Trees addresses the Board and explains that when their plans were approved in 2009, they agreed to submit revised plans to accommodate the Planning Board's conditions. He explains that they have made several changes to the plans and they are seeking a minor modification to the approved site plan. Mr. Trees explains that the proposed modifications include the addition of a handicap access ramp to the public deck, the reorientation of the main entrance to the restaurant from the deck on the east side of the building, the rearrangement of some parking spaces on the north side of the Page 4 of 7 Beverly Planning Board Minutes December 17, 2013 site to allow room for the ramp, the narrowing of the one way drive on the south side of the building from 18 feet to 12 feet to allow 6 more feet of walkway in front of the lower level designated public access and the moving of the dumpsters to the interior of the lower level and the elimination of the dumpster next to the public walkway. Mr. Trees reviews the elevations of the building with the Board and notes that they would like some flexibility with regards to the seating on the interior of the building. He notes that the have reduced the original plan from 329 to 200 seats and they are considering enclosing the exterior deck with glass to allow for year round seating. He notes that they have not decided on that at this time but not enclosing it would reduce the seating by 24 in the winter months. Thomson clarifies that they are rearranging the parking to accommodate the ramp. Mr. Trees agrees. Thomson asks if there will be a significant loss of green space due to the modifications to the plan. Mr. Trees explains that the green space will be about the same as it is. Dinkin asks if the ramp will be suitable for handicapped access. Mr. Trees states that the ramp will be fully ADA compliant complete with ramps and handrails. Dinkin asks if there are any more comments from the Board. There are none. Dinkin reminds the Board the there are two tasks before them. The first being to find whether the proposed changes are minor in nature and if so to approve them. Thomson: moves to find that the proposed modifications to Site Plan #100 -09 — Black Cow Restaurant — One Water Street — Joseph Leone are minor modifications to the approved site plan. Flannery seconds the motion. The motion carries. Thomson: moves to approve proposed modifications to Site Plan #100 -09 — Black Cow Restaurant — One Water Street — Joseph Leone. Flannery seconds the motion. The motion carries. Request for Minor Modification to Site Plan #88 -07 and Special Permit #114 -07 — 10 -12 Congress Street — Beverly Office LLC Atty. Thomas Alexander with offices at 1 School Street addresses the Board and explains that they are requesting a minor modification to the approved plans to replace the seawall along the boundary of the Danvers River with a rip rap slope. He explains that they are requesting the change at the request of DEP noting that they like the rip rap better. He also notes that it lasts longer than a traditional seawall. Alexander also explains that the only other change to the plan is the reduction of the public walkway from 12 feet to 8 feet. He recalled that during the original approval process their were Page 5 of 7 Beverly Planning Board Minutes December 17, 2013 some concerns raised by the Board that 12 feet might invite vehicular traffic which is not a good thing and 8 feet still insures access. Thomson asks to have the location of the walkway explained. Dinkin states that reduction in public space not being available for the public leaves him uneasy. Alexander states that the actual access to the site has not been reduced. Engineer for the project. Charles Weir states that use by the public is not limited to the walkway noting that there is open space available for use as well. Zambernardi notes that this requires a Chapter 91 License which requires a comment period as part of the process and she does not believe that has happened yet. Alexander agrees and explains that they have not applied for the Chapter 91 License as yet because they wanted to get all required local permits first. He also agreed that the public will have opportunity to comment at that time. Dinkin asks if there are any more comments from the Board. There are none. Dinkin reminds the Board the there are two tasks before them. The first being to find whether the proposed changes are minor in nature and if so to approve them. Thomson: moves to find that the proposed modifications to Site Plan #88 -07 and Special Permit #114 -07 — 10 -12 Congress Street — Beverly Office LLCare minor modifications to the approved site plan. Flannery seconds the motion. The motion carries. Thomson: moves to approve proposed modifications to Site Plan #88 -07 and Special Permit #114 -07 — 10 -12 Congress Street — Beverly Office LLC. Flannery seconds the motion. The motion carries. Request for Minor Modification to Site Plan #103 -11 — 30 LP Henderson Road — Cicoria Tree & Crane Service Engineer John Morin addresses the Board and explains the proposed modifications to the approve site plan. He explains that they are eliminating the garage /basement beneath the office space and adding bathrooms to each contractors bay, reconfiguring the exterior doors, moving an exterior walkway, incorporating exterior lighting and changing the color of the siding material. Morin also reported that there is another modification that they are proposing that was just discovered this week and explained that the AC units are only servicing the office area they are proposing to move the unit the end of the building where the office is so that they do not have to run the lines across the building. He noted that they have revised the plans to show that change and they are submitting three copies of the plans this evening. Page 6 of 7 Beverly Planning Board Minutes December 17, 2013 Dinkin notes that they are proposed to remove impervious surfaces from some areas and add it to others. He asks what the net change in the impervious surface will be. Moran states that he estimates the reduction in impervious surface to be about 200 s.f noting that the removal of the walkway is the entire length of the back of the building and they are using less impervious surface in other areas. Dinkin asks if there are any more comments from the Board. There are none. Dinkin reminds the Board the there are two tasks before them. The first being to find whether the proposed changes are minor in nature and if so to approve them. Thomson: moves to find that the proposed modifications to Site Plan #103 -11 — 30 LP Henderson Road — Cicoria Tree & Crane Service are minor modifications to the approved site plan. Flannery seconds the motion. The motion carries. Thomson: moves to approve proposed modifications to Site Plan #103 -11 — 30 LP Henderson Road — Cicoria Tree & Crane Service. Flannery seconds the motion. The motion carries. Old/New Business Zambernardi reported that the Planning Department has received a letter of credit extension to January 15, 2015 for the Chapman's Corner Project. Thomson noted that the extension is automatic by legislation and this is another piece of that. Zambernardi agreed noting that this ensures that the city will get the money due if the project is not completed. Approval of Minutes There were no minutes presented for approval this evening. Review of Planning Board Meeting Schedule Members accept a draft meeting schedule for 2014. 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 (8 -0) The meeting was adjourned at 8:00 p.m. Page 7 of 7