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2014-06-17Draft Beverly Planning Board June 17, 2014 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: Tuesday, June 17, 2014 Location: City Hall Members Present Chair John Thomson, Vice Chair Ellen Hutchinson, Ellen Flannery, David Mack, John Mullady, Catherine Barrett, Ned Barrett, and Wayne Miller Members Absent: James Matz Others Present: Assistant City Planner Leah Zambernardi Recorder: Eileen Sacco Thomson calls the meeting to order at 7:00 p.m Subdivision Approval Not Require Plans City of Beverly — Corner of Balch and Cabot Streets — SANR Plan and Request for Waiver of Owners' Signatures Zambernardi explains that the property is located at the corner of Balch and Cabot Streets and involves 295 s.f from the corner to the street for the Route IA reconstruction project. She also explains that they are requesting a waiver for the signature of the owner because it is a land taking associated with the reconstruction project. Zambernardi explains that she spoke with City Solicitor Stephanie Williams and under normal circumstances, the owner signature is an acknowledgement and consent of a land transfer, but in this case it would be in the jurisdiction of the Planning Board to waive the signature and the City Solicitor has recommended that the Board do so. C. Barrett asks who is requesting the land taking. Zambernardi explains that the City Engineer is recommending it. City Planner Aaron Clausen explained that this is not a situation where the owner is against the taking and explained that they are not far enough along in the process for them to sign. N. Barrett asks if it would be part of the right of way for the reconstruction of IA. Clausen explains that there are 250 temporary and permanent easements needed for the project. He also explains that there are two land takings to get the square footage for the project. N. Barrett asks if they have encountered any legal issues with this. Clausen states that there have been no legal issues. Hutchinson: motion to endorse the plan and waive the requirement for a signature of the owner. Mullady seconds the motion. The motion carries (7 -0 -1) with Mack abstaining. Pagel of 8 Draft Beverly Planning Board June 17, 2014 City of Beverly — Burger King Restaurant — SANR Plan and Request for Waiver of Owners' Signature Zambernardi explains that the City Engineer is requesting endorsement of the plan to convey 3,187 s.f from parcel A to the street for a right of way associated with the Route IA project. She also notes that they are requesting a waiver of the signature of the owner. N. Barrett asks if this action would take away any of the parking on the Burger King site. Zambernardi reports that they will still be compliant with zoning requirements for parking on the site. Zambernardi reports that the owner has not responded to the city regarding this matter. Hutchinson: motion to endorse the ANR for the Burger King property on Rantoul Street and that the signature of the owner be waived. Mullady seconds the motion. The motion carries (8 -0) Continuation of Discussion and Recommendation of Citv Council Order #131 Amendment to the Beverly Zoning Map to include the "'Beverly Harbor Interim Planning Overlay District" and Amendment to the Beverly Zoning Ordinance Chapter 38 -21 introducing a new Section (38 -31. F) entitled Beverlv Harbor Interim Planning Overlav District (BHIPOD). Mullady recuses himself from discussion of this matter. Thomson recalls that the Planning Board and the City Council held a Joint Public Hearing last evening, June 16, 2014 Council Order #131 for an Amendment to the Beverly Zoning Map to include the "'Beverly Harbor Interim Planning Overlay District" and Amendment to the Beverly Zoning Ordinance Chapter 38 -21 introducing a new Section (38 -31. F) entitled Beverly Harbor Interim Planning Overlay District (BHIPOD). He notes that the Planning Board held a Special Meeting at the conclusion of the public hearing to discuss and make a recommendation to the City Council. Thomson explaines for the benefit of those not present at the meeting last evening that the BHIPOD zoning is being proposed by the City as temporary zoning to cover the time period during which the State Office of Coastal Zone Management will be reviewing the Beverly DPA in consideration of the City's request to remove the DPA. Thomson explains that the BHIPOD is being proposed by the City in order to have wide discretion in reviewing proposals for the waterfront area. He noted that by right uses have not been changed with the exception of the elimination of multiunit dwellings. He also notes that there are more Special Permit criteria included to add more attention to the use of materials, scale to the surrounding neighborhood and the relationship to the public way including the water side. He states that the Board continued the discussion and recommendation to this evening noting that members had some questions on the amendment. Page 2 of 8 Draft Beverly Planning Board June 17, 2014 C. Barrett notes that there was concern by a member of the public about the regulation regarding "view corridors ". Clausen states that it is included to preserve some view of the water and notes that they could be considered on a case by case basis. N. Barrett asks what is before the Board this evening. Thomson explains that the role of the Planning Board in this matter is to make a recommendation to the City Council within 21 days of the close of the public hearing. He also explains that the City Council Committee on Legal Affairs will review the recommendation of the Board when they receive it. Zambernardi suggests that the Planning Staff could draft some language regarding the view corridor that could be included in the recommendation to Legal Affairs. Zambernardi reports that the City Council will be holding a Special Meeting on July 9, 2014 and the amendment could be submitted then. She notes that the City Council would then have 90 days to act on the amendment. Miller recalls that the two year time period could be extended if the rezoning has not been completed by a vote of the City Council for 6 months. He recommends that the time frame be for 1 year with a six month extension if needed. He asks if there is any case law on this within the last two years. Clausen explains that the time limit is in place because this is temporary zoning. He also states that he did not think that this would need to be extended noting that they are starting the public process this month and they intend for it to be a very comprehensive process. N. Barrett: Motion to recommend to the Beverly City Council that it adopt the Amendment to the Beverly Zoning Map to include the "'Beverly Harbor Interim Planning Overlay District" and Amendment to the Beverly Zoning Ordinance Chapter 38- 21 introducing a new Section (38 -31. F) entitled Beverly Harbor Interim Planning Overlay District (BHIPOD) with the following recommendations: 1. Restaurant uses should be moved to Special Permit. 2. View Corridors be further defined to include views from both the land and the water. 3. Special Permit criteria be clarified. Mack states that based on his experience the time limit should be left at two years, noting that it may not take two years. C. Barrett seconded the motion. The motion carried (7 -0). Request for Minor Modification to Site Plan #60 -00 — Commodore Plaza — Not Your Average Joes — 45 Enon Street — Thomas Alexander, Alexander & Femino Page 3 of 8 Draft Beverly Planning Board June 17, 2014 Atty. Thomas Alexander addresses the Board and explains that the Planning Board approved a site plan at 45 Enon Street in July 2000 for the redevelopment of the former Commodore Restaurant parcel into a shopping plaza with associated improvements. The site plan was modified during the construction phases of the project in 2002, 2003 and 2004 and more recently the owner received an approval in July of 2013 of a minor site modification to construct a 1,350 s.f addition to the rear of the middle building and to slightly modify the parking layout in that vicinity. Alexander explains that they are now requesting a minor modification of the site plan to add a patio for outdoor seating adjacent to the Not Your Average Joes Restaurant. He further explains that the proposal would allow for up to 70 seats and the existing parking lot can accommodate the additional seating. He notes that they have included a parking zoning analysis with the proposed plans. Alexander states that the plans show the existing conditions as well as the proposed improvements which include seating, landscaping detail and proposed materials. He notes that there will be no buildings or structures having a roof so this proposal does not trigger any zoning setbacks. Alexander reports that he has met with the City's permitting review group, including representatives of the Planning Department, Building Inspector, Fire Department, Conservation Commission and the Police Department. He notes that their comments were positive and the Planning Director suggested that a walkway be added alongside of the patio area to connect the front entrance of the restaurant to the City sidewalk on Enon Street. He states that they have agreed to that suggestion and it is included on the plan. Alexander states that the patio will be accessible by entering the restaurant. Thomson states that the approach is well done and states his opinion that the proposal is minor in nature noting that they are not adding any buildings to the site. Hutchinson notes that there is a note on the plan for a possible fire pit on the patio and questions how close it will be to the building. Alexander explains the location and notes that the Fire Department has reviewed the plan. Mack: motion to find that the proposed modification to Site Plan #60 -00 — Commodore Plaza — Not Your Average Joes, 45 Enon Street is a minor modification. Mullady seconds the motion. The motion carries (7 -0). Flannery: motion to approve the minor modification to Site Plan #60 -00, Commodore Plaza Not Your Average Joes — 45 Enon Street. Hutchinson seconds the motion. The motion carried (7 -0). Recess for Public Hearing Hutchinson moved to recess for a public hearing at this time. Flannery seconded the motion. Page 4 of 8 Draft Beverly Planning Board June 17, 2014 The motion carries (7 -0). Request for Modification #1 to Site Plan #108 -12 — Inclusionary Housing #04 -12- Cabot Street Apartments — 130 Cabot Street LLC Zambernardi reads legal notice. Attorney Chris Latham and Dan Skolsky are present for the applicant, Jeff Holloran. Latham explains that at the last meeting the Board found that the requested modifications to the project are major modifications. He reviewed the history of the site and his client with the Board. Latham explains that the proposed modifications as follows: 1. The proposed modifications conform to current zoning requirements including parking 2. The density of the project has been reduced to a new three story building with 11 residential units and 2 commercial spaces. The commercial spaces have not changed in size. The mix of residential units will be 1 studio, (8) one bedroom units and (2) three bedroom units. 4. The total bedroom count has been reduced from 25 to 15 bedrooms 5. 13 Parking spaces are required for the residential units and they are provided onsite in the rear lot. The parking spaces for the commercial units are provided in the municipal lot across Cabot Street. 6. Elimination of the Vestry Street parking space and incorporation of more landscaping to the plans. Latham explains that the plan fully complies with the Massachusetts Building Code and further noted that his client intends to maintain ownership of the property and does not intend to sell it. Dan Skolsky addresses the Board and reviews the plans. He notes that the proposed reduction in units has a big impact on a project of this size. Mack notes that this is an as of right project and the task of the Planning Board is to approve the project. Zambernardi agreed. C. Barrett asks if the two commercial parking spaces will be onsite. Skolsky explains that they will be no commercial parking on the site, noting that there will be a loading zone that will be available for parking when not in use. Thomson opens the hearing up for questions regarding the proposal at this time. Rose Maglio of 30 Pleasant Street addresses the Board and notes that the plans show 15 HVAC units and only 13 are needed for the project. She also questioned the adequacy of the storage area proposed for trash. Latham states that they will remove trash in a timely manner. Page 5 of 8 Draft Beverly Planning Board June 17, 2014 Maglio also expresses concern about the trash trucks blocking Vestry Street to get into the site. Zambernardi suggests that the Board could place a condition on the approval that trash pick up vehicles shall not block Vestry Street. Maglio also expresses concern about the side yard setbacks for the site noting that 8.9 feet does not meet the requirement. Mullady notes that there have been substantial changes made to the plan and reviews the changes. Zambernardi explains the zoning requirements for CC district Section 38 -B4, noting that they are 50 feet in the adjoining RHD district and this plan has been submitted under the CC district. A question was raised regarding the noise mitigation for the HVAC units. Skolsky explains that they will be small residential units and they are quieter than commercial units. He also notes that they would be installing a 6 foot wood fence that will be along the property line. Thomson asks if there are any conditions that the Board issued in the original approval for the site. Zambernardi reports that there was reference to a letter from the Board of Health from 2012 -13 regarding noise mitigation for the HVAC units. Thomson notes that the noise ordinance requires that HVAC units meet certain standards. Maglio addresses the Board again and notes that the HVAC units should be five feet from the property line and should be screened. Dana Acchiavatti of Elm Street addresses the Board and asks if they know what kinds of businesses will be tenants. Latham states that they do not know yet. Thomson opens the hearing up for public comment in support of the project at this time. Jay Levy of 145 -149 Cabot Street addresses the Board and stated that he is an abutter to the property. He states that it is a blighted empty lot and he feels that this is a good proposal and he is here this evening to support the project. Gin Wallace, Executive Director of Beverly Main Street addresses the Board and states that Main Streets has submitted a letter of support for the project. She stated that they have been promoting a vibrant downtown and this project would add a lot to that area and will be good for the community. Thomson opens the hearing up for public comment in opposition of the project at this time. Rose Maglio of 30 Pleasant Street addresses the Board and states that this project is too big for that site. She also stated that she is concerned about parking and snow storage on the site. Page 6 of 8 Draft Beverly Planning Board June 17, 2014 Dana Acciavatti addresses the Board and states that a special permit should be required for this project. A resident of 144 Cabot Street addresses the Board and stated that he does not want this project in front of his home. Elizabeta Veliaj of 144 Cabot Street addresses the Board and expresses her concern that even though they reduced the number of units she is still concerned about increased traffic. Dana Acciavatti addresses the Board and questions if the zoning for the area has been changed to accommodate this building. Zambernardi explains that the parking requirements are more restrictive than previously. Mullady notes that the city should keep track of the parking that is being used in municipal lots so that parking spaces are not being used twice. Peter Gunn addresses the Board and states that he is concerned about the noise from the HVAC units The owner of 144 Cabot Street addresses the Planning Board and expresses her concern about the location of the project in relation to her property. There being no further questions or comments regarding this project. Mack moved to close the public hearing. N. Barrett seconded the motion. The motion carried (7 -0). Discussion/Decision - Reauest for Modification #1 to Site Plan #108 -12 — Inclusionar Housing #04 -12- Cabot Street Apartments — 130 Cabot Street LLC N. Barrett: motion to approve Modification #1 to to Site Plan #108 -12 — Inclusionary Housing #04 -12- Cabot Street Apartments — 130 Cabot Street LLC. Miller seconds the motion. The motion carries (7 -0). N. Barrett: motion to approve the Inclusionary Housing Plan #04 -12. Miller seconded the motion. The motion carries (7 -0). Old/New Business Zambernardi reminds members that the Planning Board / Zoning Board training sessions will be held on June 21s and June 28 from 8:00 a.m. to 10:00 a.m. at City Hall in the Council Chambers. Planning Board Representative on CPA Committee Zambernardi explains that Chairperson Thomson serves on the Community Preservation Act Committee as the Planning Board's representative and the appointment expires on July 31, 2014 and the Board must designate the Planning Board representative. Page 7 of 8 Draft Beverly Planning Board June 17, 2014 Mullady expresses his interest in serving on the Committee. Thomson explains that the CPA Committee is deep into the process and is now beginning to make the tough decisions. He states that he would like to finish this application round and could step down later in the year in order for someone else to take over. Flannery: motion to reappoint John Thomson as the Planning Board Representative to the Community Preservation Committee. Mullady seconds the motion. The motion carries (7 -0). Approval of Minutes The minutes of the Planning Board meetings held on March 3, 2014, March 18, 2014 and April 8, 2014 were presented for approval. Flannery moved approval of the minutes with suggested amendments. Hutchinson 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 Flannery to adjourn the meeting, seconded by Hutchinson. The motion carries (8 -0) The meeting was adjourned at 9:30 p.m. Page 8 of 8