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2014-03-18Draft Beverly Planning Board March 18, 2014 Board: Date: Location: Members Present Members Absent: Others Present: Recorder: CITY OF BEVERLY PUBLIC MEETING MINUTES Planning Board Meeting Tuesday, March 18, 2014 Beverly City Hall Vice Chair John Thomson, Ellen Flannery, Ellen Hutchinson, John Mullady, James Matz, Edwin Barrett, David Mack, Catherine Barrett and Wayne Miller None City Planner Aaron Clausen, Assistant City Planner Leah Zambernardi Eileen Sacco Thomson calls the meeting to order at 7:00 p.m. Thomson states that the first order of business this evening is the election of a Chair for the Planning Board. Election of Officers for 2014 Election of Chair of the Planning Board Flannery nominates John Thomson for the office of Chairman of the Beverly Planning Board for the year 2014. Hutchinson seconds that motion. Thomson asks if there are any further nominations for the office of Chairman. There are none. Thomson declares the nominations closed. Thomson calls for a vote on the nomination of John Thomson as Chair of the Planning Board for the year 2014. The motion carried (7 -0 -2) with Thomson and C. Barrett abstaining. Thomson states that the Board should now elect a Vice Chair of the Planning Board for the year 2014. Election of Vice Chair of the Planning Board Hutchinson nominates David Mack for the office of Vice Chair of the Planning Board for 2014. Mack graciously declines. Flannery nominates Ellen Hutchinson for the office of Vice Chair of the Planning Board for 2014. Mullady seconds the motion. The motion carries (7 -0 -2) with Hutchinson and C. Barrett abstaining. Subdivision Approval Not Require Plans Page 1 of 6 Draft Beverly Planning Board March 18, 2014 There are no subdivision approval not required plans this evening. Request for Minor Modification to Site Plan #106 -12, Special Permit #130 -12 and Inclusionary Housing #03 -12 — Enterprise Apartments — 79 Rantoul Street — Windover Enterprise, LLC Attorney Miranda Gooding of Glovsky and Glovsky addresses the Planning Board and reports that during the site inspection by Planning Department staff in preparation for an occupancy permit from the Building Department, some elements of the Planning Board approved plans had not yet been completed and several changes had been made to the building without Planning Board approval. She noted that they are here this evening with a request for a minor modification to the approved site plan. Atty. Gooding reviewed the items that were reported as unfinished as of the site visit and noted that they have all been completed. Atty. Gooding introduced Peter Boudreau to review the changes that were made to the plan during construction. Boudreau reviewed the discrepancies between the as built conditions and the approved Planning Board plan as follows: • Doors to the transformer on the southeast side of the building - Plain vault doors were installed, whereas decorative doors were approved by the Planning Board. The metal gates and brick details above the doors on the soldier course shown on the plans were not built. • The east elevation balconies are Juliet balconies, and not full balconies as show on the approved plans • The metal gates on the ground story openings are lower and different in design than the metal gates shown on the approved plans • The curtain wall on the north elevation differs slightly from the approved plans — as built there is not a mullion at the ACM panel • Precast sills were installed on the bottom of the windows on the upper stories and the plan calls for brick sills • Fence installed on the site is two feet lower than the approved plan. Thomson asks if the Design Review Board knows that the mullion was not done. Zambernardi states that if the Planning Board finds this to be a major modification the Design Review Board will review this. Thomson notes that the fence installed is two feet lower than approved. Barrett states that it was his understanding that the fence was to limit the visibility of the parking garage. Page 2 of 6 Draft Beverly Planning Board March 18, 2014 Miller states that the fence installed provides no limitation to access and one could get over that fence and that could be a safety concern. Boudreau addresses changes to the windows and explains that the precast sills were installed because they do a better job. Matz asks by brick sills were proposed in the first place. Boudreau states that he is not sure why. Boudreau explained that the vault doors were installed per the requirements of National Grid because they are fire rated doors for safety. Flannery states that the vault doors look awful and suggested that perhaps they could paint them. Boudreau explains that the full balconies did not make sense given the closeness of abutting properties. Thomson explains the difference between a minor and a modification to the approved plan and explains that the task of the Board this evening is to determine whether the proposed modifications are minor in nature. He further explains that if the Board finds the modifications are minor, it shall then vote on the substance of the request. If the Board finds that the modifications are not minor, it shall order that applications for major modifications be filed with the Planning Department and that a public hearing be scheduled. Flannery noted that the Desgin Review Board had very few comments on this project when it was reviewed. Zambernardi agreed noting that it was a very well designed building at the outset. Boudreau explained that with the exception of the mullions the other changes came about due to concerns about neighbors' privacy and noise concerns. He explained that the Juliette balconies made sense because of the close proximity of the abutters in the rear of the building and to minimize the noise impact for the neighbors. Zambernardi noted that the master plan and design guidelines for downtown make recommendations for a walkable, vibrant downtown. She noted that the guidelines for facades call attention to how the building interacts with the streetscape. She also suggested that the Board's focus should be those changes that affect the appearance of the building on Rantoul Street. Mullady states that he feels that the change in the fencing improves the project noting that there is less of a prison like appearance. Mack states that he would like to give the Design Review Board a chance to weigh in on the changes that have been made. Thomson notes that one change was mandated by National Grid for safety reasons however he does not see why the other changes were made without input from the Planning Board. Page 3 of 6 Draft Beverly Planning Board March 18, 2014 Zambernardi notes that the zoning ordinance allows for the Design Review Board to review any project referred to them by the Planning Board. Miller questions if all of the changes need to be minor. Thomson explains that if one change is found to be major they would all require a public hearing. Atty. Gooding stated that she understands the Board's concerns and noted that in a project of this magnitude these things happen. She stressed that Windover was not trying to pull one over on the Board. Thomson asks if they are waiting for the final Certificate of Occupancy for the building. Gooding stated that they have a Certificate of Occupancy and are leasing the units at risk. Mack asks if there would be a hardship if the Planning Board sought guidance from the Design Review Board noting that he would feel more comfortable if they had a chance for input. Mack: Moves to refer the request for the minor modification back to the Design Review Board and to postpone further discussion and a decision on this matter until the next meeting of the Planning Board in April. Hutchinson seconded the motion. The motion carried (7 -0 -1) with C. Barrett abstaining. Request for Modification to Inclusionary Housing Permit Atty. Gooding stated that they also requested a modification to the Inclusionary Housing permit and explained that they received a request for a handicap affordable unit and it made sense so they are requesting to swap out a unit to make the change. Zambernardi noted that there is an increased need for accessible affordable units. Zambernardi reported that Planning staff has reviewed this request for an amendment to the Inclusionary Housing Permit and finds that the proposed changes comply with the ordinance and its rules and regulations. Flannery: moves to approve the modification to the Inclusionary Housing Permit Hutchinson seconds the motion. The motion carries (7 -0 -1) with Barrett abstaining. Special Permit #115 -07 for Sam Fonzo Drive /Trask Street — Request for Acknowledgement Automatic Extension under the Permit Extension Act — C. Ronald Vitale Zambernardi explains that the Board approved a site plan and special permit in March of 2008 to allow for the construction of a 15,000 s.f light industrial building in the IR and R45 Zoning District and in the Watershed Protection Overlay District at the corner of Sam Fonzo Drive and Trask Street. She noted that the Special Permit was originally set to expire on April 4, 2010 and Mr. Vitale sought and received an extension of the special permit to April 12, 2012. In March of 2012, Mr. Vitale received an automatic extension to April 4, 2014 pursuant to the Permit Page 4 of 6 Draft Beverly Planning Board March 18, 2014 Extension Acts of 2010 which allows that approvals in existence or effect during the tolling period between August 15, 2008 through August 2012 are automatically extended for a period of 2 years in addition to the lawful term of the approval. The Act was amended in 2012 and afforded applicants with an additional two year automatic extension and Mr. Vitale is requesting acknowledge the extension to April 4, 2016. Mack: moves that the Planning Board acknowledges that Special Permit #115 -07 for Sam Fonzo Drive /Trask Street has received an automatic extension until April 4, 2016. Matz seconded the motion. The motion carries (7 -0 -1) with C. Barrett abstaining. Continued Discussion/Recommendation to City Council- Order #38 Zoning Amendment Relative to Restaurants in the IR and IR Overlay District, Article XXXVIII, Section 38- 19.C.b City Planner Aaron Clausen addressed the Planning Board and recalled that the joint public hearing with the Beverly City Council on this matter was held on March 3, 2014 and the Planning Board held a Special Meeting immediately following the public hearing to discuss the recommendation. He noted that the Board continue the matter to this meeting in anticipation of further information and a staff recommendation. Clausen recalled that at the last meeting there was a lot of uncertainty about the proposed amendment and the enforcement of it. He stated that he has put together some information to clarify the enforcement and noted that it is pretty straight forward. He also noted that it is difficult to determine take out food and fast food and where to draw the line. He explained that the Council order is looking to prevent restaurants with drive through facilities, but also allow take out as a component for restaurant businesses. Clausen reviews the IR and IR Overlay districts. He noted that the zoning has no definition of what fast food is. Clausen stated that his language makes it crystal clear that fast food restaurants are not allowed in the overlay district. Members of the Board make suggestions for proposed language. Mack: Motion to recommend to the City Council that Order #38 be adopted subject to the proposed Section 38 -19Cb being amended as follows: "Restaurant selling food both for consumption on and off the premises; provided however that Fast - Food Restaurants as defined in Section 38 -2 of this Zoning Ordinance shall not be allowed." Flannery seconded the motion and it carried unanimously (7 -0 -1) with C. Barrett abstaining. Old/New Business Discussion on Draft Zoning Amendment Relative to Floodplain Overlay District Ordinance Page 5 of 6 Draft Beverly Planning Board March 18, 2014 Section 38 -31A and Adoption of 2014 Flood Insurance Rate Maps Zambernardi introduces Roland Adams of the Engineering Department to answer questions the Board may have regarding the FEMA flood map changes. Zambernardi explains that the City is asking the Planning Board to sponsor a change in the zoning ordinance to adopt new flood map changes proposed by FEMA. She stated that the map changes are principally along the coast. Mr. Adams stated that new maps include 88 structures that will be in the flood plain that are currently not in the flood plain. He noted that if the city does not adopt the new maps they will not be in compliance. He stated that cities and towns must adopt the maps by July 16, 2014, so that residents can take advantage of reduced flood insurance costs. Zambernardi explains that the request of the Planning Board is to sponsor the zoning amendment. She noted that the request will be submitted to the City Council and a joint public hearing will be scheduled. Mullady: motion to submit a petition to the City Council requesting a Zoning Amendment Relative to Floodplain Overlay District Ordinance Section 38 -31A and Adoption of 2014 Flood Insurance Rate Maps. Flannery seconded the motion. The motion carried (7 -0 -1) with C. Barrett abstaining. Approval of Minutes The minutes of the Planning Board meetings held on December 17, 2013 and January 22, 2014 were presented for approval. Mullady moves to approve the minutes of the December 17, 2013 and January 22, 2014 Planning Board meetings as presented. Hutchinson seconds the motion. The motion carries (5 -0 -3) with C. Barrett, N. Barrett and Miller abstaining. Adjournment Matz stated that before the meeting is adjourned he would like to acknowledge the 30 years of service and contribution to the Beverly Planning Board of Richard Dinkin 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 Hutchinson. The motion carried (8 -0) The meeting was adjourned at 9:00 p.m. Page 6 of 6