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2015-02-10Beverly Planning Board February 10, 2015 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: February 10, 2015 Location: Beverly Senior Center Members Present Chair John Thomson, Vice ChairEllen Hutchinson (arrived at 7:20 p.m.), Ellen Flannery,John Mullady, Catherine Barrett, David Matz, David Mack, Ned Barrett and Wayne Miller Members Absent: None Others Present: Assistant City Planner Leah Zambernardi, and City Planner Aaron Clausen Recorder: Eileen Sacco Thomson calls the meeting to order at 6:30 p.m. Flannery: motion to recess for public hearings. Miller seconds the motion. The motion carries (9 -0). Concurrent Public Hearings — Site Plan Review Application #113 -14 and Special Permit Application #139 -14 —Site Plan Review Application to Build out North Shore Crossing — 140 Brimbal Avenue — CEA Beverly LLC Thomson states the purpose of the meeting is to continue the public hearing. The Board votes to waive reading of the legal public notice. City Council President Paul Guanci states he is opposed to the project. He states his concerns about impact on community based businesses. He states his concerns about Northridge and about the impact on property values. He states his belief that traffic will be overwhelming. He states his support for traffic improvements and of a more appropriate development of the site such as a car dealership. Dan D'Angelis of Brimbal Avenue addresses the Board and expresses his concern about the project. He notes that the Dodge Street intersection has not been addressed and notes that the neighbors are concerned about noise, exhaust, and idling cars. He states that the taxpayers should not have to endure this and he is perplexed as to how the Parking and Traffic Commission signed off on this. D'Angelis stated that the interchange project was developed to improve public safety and notes that there are many unresolved issues and unknowns with this project and it is his personal opinion that the project will place an undue burden on the neighbors and the city. He further stated that if this project is approved it will be for the additional tax dollars it will bring to the city. Page 1 of 9 Beverly Planning Board February 10, 2015 Dan Foley of Brimbal Hill Drive explains his opposition to the project. Mr. Bourgois of 9 Walnut Avenue addresses the Board and states that he is disappointed that there is no representation for North Beverly on the Planning Board. He states that the area of the McKay school is well represented by Councilor Latter and nobody is doing that for North Beverly. He also stated that he wrote a letter to the Mayor because a girl on a bike almost got hit by a car. He states*that the traffic is frightening and he prays to God that no one gets hurt. Katherine Myers of 176 Colon Street addresses the Board and states that she respectfully requests that the Planning Board deny the permits. She states that she has attended every meeting regarding this project and has had discussion with the Monserrat Neighborhood Group. She questions whether the project meets all the criteria for the special permit noting that two of the criteria is that no undue traffic will result from the project and that there is no valid objections from the abutters. Ms. Myers also states that the property values in the neighborhood will be affected by this project. She notes that it is not about the jobs that Whole Foods will bring to the city. She states that she trusts and hopes that the Planning Board will continue to do their job and deny the proj ect. Mr. Rick Mooney of 282 Dodge Street addresses the Board and states that he questions if the site is appropriate for the proposed use and notes that it will affect property values of homes in the neighborhood. He also states that Brimbal Avenue traffic is a concern and notes that there is a long list of available commercial space available in Beverly. He also states that undue traffic will affect police and fire response times noting that more traffic will exacerbate the problems that are already there and it is unreasonable to expect the neighbors to live with this. He also notes that the delivery restrictions on the Whole Foods in Lynnfield are ignored. Paulette Misins of 11 Walnut Avenue addresses the Board and stated that the special permit requested does not have the best intentions for the community in mind. She referred to the Parking and Traffic Commission approval of this and Mr. Benevento's comment regarding negative traffic for this project. She also stated that elected and appointed officials of Beverly should be waiting for the new traffic configuration to be completed to see if it works. Michael Wogan of 15 Walnut Avenue addresses the Board and states that there are seven schools in the area that need to be considered. He also notes that the lot on the corner of Tozier Road has been sold and they are breaking ground in March and that project has not been taken into consideration regarding this project. He also notes that the North Shore Music Theater produces gigantic amount of traffic. Page 2 of 9 Beverly Planning Board February 10, 2015 Pam D'Angelis addresses the Board and expresses her concerns about the special permit and reviews the criteria. She states that there are quality of life issue that affect the neighborhood. She also questions that Whole Foods will be good for Beverly noting that a promotional packet from Whole Foods states all the good they can do for Beverly but urged the Board to consider the source noting that they are a business and they do a clever job of branding themselves and making a profit. Ms. D'Angelis also expressed concern about property values and urged the Board to deny the application for the special permit Dan D'Angelis of 7 Brimbal Avenue addresses the Board again and states that he echo's his wife's concerns regarding the approval of this project. He also thanked all of the neighbors and community members who have been involved in this for the past 2 1 /2 years. Carol Chaulk of 191 Brimbal Avenue addresses the Board and questions what if the studies and the data presented are not right and what if they are off by 15 -20 %. He states that he lives on that street and he wants to be able to get out of his driveway. He further notes that he is also concerned about quality of life issues in the neighborhood and urged the Board to deny the special permit and. let them build on their property what they can by right. Bill Soares of Putnam Street addresses the Board and states that he submitted some material to the Board for their consideration and thanked them for reading it. He notes that he has lived in the neighborhood most of his life and he has seen too much with traffic and kids. He explains that when traffic backs up on Brimbal Avenue, Putnam Street is used as a cut through. He notes that the state did not approve the land swap proposed two years ago and they are still here. Soares states that he is concerned about the mobility of pedestrian in the neighborhood noting that extra non controlled curb cuts will add to the problems noting that restricting turns will not prevent unauthorized turns. He states that this is not a good design. Soares also states that they have the smallest allowable parking spaces proposed for the site noting that grocery stores should have 10x20 foot spaces and states that the Planning Board has the responsibility to ensure that the right thing is done regarding parking. He also questions the number of parking spaces provided compared to what is allowed by zoning. He also state that there is no reasonable plan for snow storage on the site. Soares also states that the proposed $200,000 fair share contribution offered by Whole Foods for mitigation is not adequate. He further notes that there are concerns about drainage from the site by the abutters. Meg Anderson addresses the Board and notes that Phase II of the Cummings project on Dunham Road will suffer from this project noting that it will less attractive space with all of the traffic that Whole Foods will draw. She also urged the Board to think about the quality of life issues in the neighborhood. Josh Morris of 38 Budleigh Street addresses the Board and states that he feels that this project is inconsistent with the Beverly master plan. He also states that he is concerned about drainage issues on the site. Page 3 of 9 Beverly Planning Board February 10, 2015 Chairman Thomson addresses those present and notes that there has been a subsequent letter submitted to the Board from the City Engineer that concludes that all points raised regarding drainage have been satisfied. Morris states that he is also concerned that the lack of public transportation noting limited bus service in the area and the closest bus stop being a half mile from the site. He urged the Board to deny the special permit. Jennifer Morrisof 38 Budleigh addresses the Board and states that there have been zoning changes made since 2005 specific to this property and urged the Board to vote no to retail uses on the site. She notes that the current traffic in the area is intensive and problematic compared to the previous proposal. She reviews the criteria for a special permit. She also notes that there are already three or four grocery stores in the city. Rick Marciano addresses the Board and questions why the city is paying for any drainage improvements to this area. He also recalls that in 2013 the citizens of Beverly spoke against this project and the traffic that it will create and voted against it in a special election. Peter Walker of 76 Baker states he is opposed to the project. Myron Hood of 7 Auburn Road addresses the Board and states that he is opposed to the project and the special permit should be denied. He also questions the approval of the Parking and Traffic Commission, and states that Beverly does not have the money to do what needs to be done in that neighborhood and it will have a major impact on the city. He also notes that traffic lights at Colon Street will back the traffic up Essex Street and traffic will be grid locked. Councilor Jim Latter addresses the Board and states that there are various opinions on this project. He referred to the curb cut proposed for Sohier Road and questions if it could be changed to an exit and reduce the width of the driveway from 24 feet to 16 feet. Councilor Don Martin addresses the Board and states that he lives at 27 Berrywood Lane. He stated that in 2009 he voted against the IR District Overlay for Brimbal Avenue and he is opposed to a Whole Foods at this location. He states that residents have fears about quality of life issues and the negative impact that traffic will have on the neighborhood. He further states that the neighbors will suffer significantly if traffic is as bad as he believes it could be. Councilor Martin questions what the back -up plan is if after the six month review recommended by the Parking and Traffic Commission finds that this is not working. He states that the city must work with the state to fast track phase two of the interchange project. Councilor Matt St. Hillaire addresses the Board and states that the Board needs to be sure that quality of life issues and increased traffic are minimized. He notes that there are six criteria for a special permit that need to be met and he has heard concerns from the neighbors about most of them. He urged the Board to deny the special permit and let the developer build a project by right that that will have less of an effect on the neighborhood. Page 4 of 9 Beverly Planning Board February 10, 2015 Councilor St. Hillaire also notes that the developer should have realized how close this project is to the K building in the condo property. He also states that he is concerned about truck deliveries to the Whole Foods and the width of the road in the back of the building. Amy Donovan of 10 Berrywood addresses the Board. Attorney Thomas ' Alexander addresses the Board and states that he commends the Planning Board for their thorough review of this project. Alexander notes the Special Permit criteria and explains the mixed use commercial development that is allowed in the IR district. He states that the proposed development is appropriate for the site and reviews the special permit process. Alexander states that the development is consistent with the City of Beverly master plan. He also notes that in the special, election held last year 9 or 12 precincts voted in favor other the issue. Alexander states that the Design Review Board has reviewed the project and unanimously recommended approval of it. He also notes that they have received various permits from the city that are required for the project, noting that they have been to the Parking and Traffic Commission and received a recommendation and the Beverly Conservation Commission which issued an order of conditions for the project. Alexander states that a letter has been submitted to the Board from Bruce Nardella, Chair of the Better for Beverly Committee in support of the project. Zambernardi acknowledges receipt of the letter and reads the letter to the Board. Alexander also notes that at the request of Chairman Thomson they prepare a plan of a by right project as well as an additional traffic study. Alexander reviews the process and the documentation that has been submitted to support the application for the Special Permit. He concludes by asking that the Board give credence to the various reports that have been submitted and approve the Special Permit. Thomson asks if the members of the Board have any questions at this time. Mack addresses the applicant and asks if there is any single list of the conditions that they would be prepared to accept. Alexander states that they have agreed to the following conditions: Replacement of 24 inch pipe A $200,000 fair share contribution for mitigation improvements Provide a buffer for the North Ridge Condominiums Construction is subject to the completion of the Round Abouts in the Brimbal Ave improvements Page 5 of 9 Beverly Planning Board February 10, 2015 Successful application to the state Department of Transportation C Barrett questions if the road improvements on Brimbal Avenue take this project into consideration. It was noted that the road was designed with future traffic considered. Thomson asks what the construction time table for the project is. Alexander reports that the project will not be completed until the Brimbal Avenue interchange project is complete. He notes that the construction will start this summer but it will not open until the Brimbal Ave. project is completed. Thomson asks if the parking spaces as designed meet the city ordinance dimensions. He also questions why the Sohier Road entrance could not be and exit only. Mr. Cohen addresses the Board and states that they consulted with the Parking and Traffic Commission and the City Peer reviewer and they concurred that it would be more advantageous to disperse traffic in as many directions as possible. Thomson asks if the Mass Department of Transportation has reviewed the plan for this entrance. Cohen explains that they have not really seen it and explains that they will be seeking their permits from the state when they are done with the city process. Miller questions what the scenario would be if when the traffic review is completed for the 6 and 12 months after completion of the project shows there is a problem. Ron Mueller the traffic consultant for the project addresses the Board and explains that the MEPA process requires post monitoring of the site. He states that there was only one case that he knows of where the projected traffic was what was predicted and notes that most are under what the study predicts. Miller asks if the schools in the area have been considered in the planning of this development. Cohen states that the schools have been considered in the process. Thomson asks if there are any more questions or comments from the Board. There are none. Thomson thanks those present for the time and patience in this matter and notes that the Planning Board has tried to make this a fair and balanced process. Thomson asks for a motion to close the public hearing. Hutchinson: Motion to close the public hearing. Mack seconds the motion. The motion carries (9 -0). Thomson informs those present that the Planning Board will issue a decision on this matter at their next meeting. Public Hearing — Special Permit Application #141 -14 — Create One Pork Chop Lot — 51 Standley Street — Thomas Carnevale, Trustee of RC Realty Trust Page 6 of 9 Beverly Planning Board February 10, 2015 Zambernardi reads legal notice. Attorney Thomas Alexander addresses the Board and explains that he is representing the applicant, Thomas Carnevale and Donna Sweeney. He explained that the property at 51 Standley Street currently has one residence on it and the applicant intends to split the lot into 2 building lots. He explains that the result will be that one lot will have reduced frontage and they are asking that the Board allow the reduced frontage utilizing the Pork Chop Shaped lot ordinance. Alexander explains that the two lots will be 23,538 s.f. and 36,376 s.f. and both are in excess of what is required. Mike Rossetti the Engineer for the applicant addresses the Board and reviews the plans with the Board. He notes that there was an error in the lot area on the plan for lot #2 and explains that there is a note on the plan that indicates that the total lot area is 36,376 and the lot area minus the wetland area = 35,356 and the lot area with lot width greater than 150' minus the wetland area = 21,855. Rossetti also notes that there is 280 feet of frontage on Standley Street and there is an existing house and a pool on the site. He reviews the area on the plan. Miller asks if the existing fence on the site is against the easement. Rossetti explains that there is 15 feet between the easement and the lot line. Tom Harrington representing the Waring School addresses the Board and explains that they have had an arrangement for the use of conservation land for their soccer field. He explained that a portion of the soccer field is being considered for a land swap with the city. He also explains that they are working with the city on providing additional parking. Matz states that the right of way is important to the Open Space and Recreation Committee and notes that access in high demand. Harrington states that he is opposed to the granting of a special permit at this time stating that it needs to be clear what kind of building envelope they will be creating. Alexander states that the nature of the Pork Chop Lot is to create a lot that is a little different, noting that this is not a variance and their request conforms to the ordinance. Miller notes that there is a letter from the Board of Health in the packet and it appears that they have some concerns about an onsite subsurface sewage disposal system. Thomson suggests that the Board continue the matter to the next meeting of the Board on March 17, 2015. Mack: Motion to continue the public hearing to the March 17, 2015 meeting of the Planning Board. Hutchinson seconds the motion. The motion carries (9 -0). Page 7 of 9 Beverly Planning Board February 10, 2015 Public Comment Period and Public Hearing — Open Space Residential Design #5 -14 — Initial Review and Yield Plan- 8 Lot Subdivision — 44 -42 Standley Street — RC Realty Trust & Donna Sweeney Zambernardi reads legal notice. Mack moves that the Board recess for public hearing at this time. Hutchinson seconds the motion. The motion carries (9 -0). Thomson explains that the OSRD application has several stages and the task before the Board at this time is to review the yield plan for the site and to determine what could be built on the site by right. Attorney Thomas Alexander addresses the Board and explains that the applicant has submitted an OSRD initial review application to subdivide 44 and 52 Standley Street containing 6.2 acres into 8 building lots. Rossetti addresses the Board and explains that there is a 16 foot right of way on Standley Street. He also notes that they have filed with the Beverly Conservation Commission and explains the existing drainage on the site and notes that the water will be picked up and drawn to a vegetated swale offsite. Mack notes that years ago there were issues with drainage on Foster Street and questions how this project would interact with the existing drainage in the area. Rossetti reviews the plan and the proposed drainage system. He notes that there will likely be some sort of recharge of drainage and notes a possible area on the plan. He states that they fully intend to meet the standards of the DEP and the Beverly Conservation Commission on this project. Rossetti reviews the proposed yield plan with the Board. He explains that there will be eight (8) lots with 150 feet of frontage. He notes that the smallest lot will be 22,000 s.f. Thomson opens the hearing up for public comment at this time. Thomas Harrington addresses the Board and notes that he is representing the Waring School and states that they just received these plans today and they will have to hire an engineer to review them. He requested that the Board delay action on this at this time to allow them to do that. Thomson agrees and suggests that the matter be continued to the March 17, 2015 Planning Board meeting. Mack: Motion to continue the Public Hearing to the next meeting of the Planning Board on March 17, 2015. Flannery seconds the motion. The motion carries (9 -0). Request to Set Public Hearing Date — Special Permit Application #142 -15 — Create Two (2) Pork Chop Lots —140 Colon Street — Estate of Barbara Rowell Page 8 of 9 Beverly Planning Board February 10, 2015 Zambernardi reports that Miranda Gooding of Glovsky and Glovsky has submitted a special permit request to create two (2) pork chop shaped lots at 140 Colon Street and the Board needs to set a date for the public hearing. Thomson suggests that the Board schedule the public hearing for March 17, 2015. Hutchinson moves to schedule a public hearing for March 17, 2015 for 140 Colon Street, special permit request. Flannery seconds the motion. The motion carries (9 -0). Request to Set Public Hearing Date — Special Permit Application #143 -15 and Site Plan Review Application #115 -15 — Construct Five Story Residential Building within a Mixed Use Development -181 Elliott Street — Beverly Commerce Park, LLC Zambernardi reports that the Cummings Center has submitted a site plan review and special permit application for the construction of a 5 story residential building within the Cummings Center Property at the corner of Elliott and McKay Streets and the Board needs to set a date for the public hearing. Thomson suggests that the Board schedule the public hearing for March 17, 2015. Hutchinson moves to schedule a public hearing for March 17, 2015 for 181 Elliott Street, site plan review and Inclusionary Housing Special Permit. Flannery seconds the motion. The motion carries (9 -0). Approval of Minutes There were no minutes approved this evening. Adiournment There being no further business to come before the Planning Board this evening a motion wasmade by Mulladyto adjourn the meeting, seconded by Mack. The motion carried (9 -0) The meeting was adjourned at 10:30p.m. Page 9 of 9