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2015-03-17Beverly Planning Board March 17, 2015 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: March 17, 2015 Location: Beverly Senior Center Members Present Chair John Thomson, Vice ChairEllen Hutchinson, Ellen Flannery,John Mullady, Catherine Barrett, James 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 7:00 p.m. Flannery: motion to recess for public hearings. Miller seconds the motion. The motion carries (9 -0). Concurrent Public Hearinis — 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 addresses those present and explains that the Planning Board will be discussing the matter and issuing a decision this evening. He explained that he will offer the Planning Board members the opportunity comment on the project and noted that these comments will be the personal point of view of the members and he would ask the audience to be respectful and offer the same courtesy that has been observed during the process without shouting, cheering or otherwise. Thomson made the following statement regarding the application for North Shore Crossing: I believe that this Board should vote to grant the special permit, and approve the site plan as presented, with conditions. This has been a long and sometimes difficult process, but in my 20 years on this Board, I cannot think of another project in Beverly (even the Cummings Center and Stop & Shop on Elliot Street) that has received as much scrutiny and critical analysis. I greatly appreciate the input from all those who have spoken or sent comments including residents and professionals, whether in favor or opposition. We have had a professional peer review of both the traffic and the drainage aspects of this project. The process has been a healthy one, and has helped to identify important issues and let to the design of a better overall project. Page 1 of 21 Beverly Planning Board March 17, 2015 This clearly is a complicated site, but in my view all legitimate concerns have been adequately addressed, and all of the criteria for granting a special permit have been or can be met though the proposed design. #1 — I believe this is an appropriate site for the proposed use — it has access to or from three separate points and is as close to Route 128 as possible, short of direct access. It is zoned for this use, among others, and the proposed use as a small shopping center is consistent with other uses in the overlay district. Clearly the City Council, when it passed the Overlay District, agreed this is an acceptable use, if not a preferred one. While there is no doubt that the sole adjoining residential neighborhood, Northridge, would prefer not to see a shopping center in this location, I do not believe that the proposed use adversely affects the character of the Northridge residential use in any way. That is not to say that the proposed project will not have any impact, as it clearly will due in part to the proximity of the Northridge K Building to the lot line. But that impact would occur from any development of the site, including uses that do not require a special permit, not just from the proposed use as a shopping center, and in any event I believe that the impact can be satisfactorily mitigated by screening measures. The existence of a landfill on the property, while complicating the development design, does not prevent the site from being appropriate for this use. I note particularly the evidence submitted during the hearing that the Jordan's Furniture complexin Reading on Route 128 wasalsoconstructed on a formerlandfill. #2- I similarly do not believe that any credible evidence of adverse effects on property values in the district has been presented, which would result from this development or its resulting traffic. I interpret the word "district" to mean the overlaying "zoning district" not the neighborhood generally, but even with a broader reading of the term "district ", I do not believe any credible evidence on the subject was presented, only speculation. #3 I do not believe this project will cause a nuisance or result in any unreasonable hazard, nor do I believe the traffic to and from the site is undue or excessive. The configuration of the site and three access points, and the improved connector road being constructed by the state adequately distributes the likely traffic among as many routes as possible. In my opinion neither the overall 6% conservative estimate of total increase in traffic volume, nor the effects on peak time periods (which are relatively small on weekdays when most commute traffic would be affected), constitute "undue" traffic. Through implementation of the various conditions that will be listed at the end, together with mitigation measures shown on the plans and the funds contributed by the applicant, I believe the city will be able to adequately deal with the impacts of this development. That being said, I understand that Brimbal Avenue like most of the other arteries and principle streets in Beverly is already stressed by ever increasing traffic, and I urge the city to pay particular attention to this important corridor, and address its issues with all appropriate measures, whether negotiating with the railroad, or adding stoplights, turning lanes or other traffic calming measures, or enforcement of existing traffic laws, as a high priority. #4 and #6 — The design of the project includes both adequate and appropriate facilities and the existing and available city services are in my opinion more than adequate, for the proper operation and maintenance of the proposed use. All utilities are readily available and/or can be brought to the site, and the drainage, parking, lighting and traffic circulations shown on the plans submitted are well designed and adequate and appropriate for the proposed use. Page 2 of 21 Beverly Planning Board March 17, 2015 #5 — While there have been many objections raised to this project, I believe that all of the concerns raised have been adequately dealt with as stated above, and that the only objections from an abutting property owner, Northridge, I believe that all of the concerns raised have been adequately dealt with as stated above, and that the only objections from an abutting property owner Northridge, have been paid particular attention to in the design, setbacks and proposed screening, so that no valid objections from an abutter remains. That being said I would suggest that, if possible, the accesspoint from Sohier Road to Northridge be made exit -only (right turn only), thereby allowing the proposed driveway at that location to be to be narrowed and allowing use of the land area gained for the construction of a berm, or at least additional green space, on or in which the trees and fence for the screening can be constructed, further away from the Northridge property. I realize this will necessitate a re- design of this portion of the project and suggest that submissions of the revised plans therefore to this Board be deemed to constitute a minor modification. The conditions I would suggest be attached as conditions to granting of both the special permit and the site plan approval are set forth below. Thomson Proposed Conditions: I. Massachusetts Department of Transportation (MassDOT) highway access permit, and local street opening permit for curb openings as shown in the approved site plan to be in hand and free of appeal before the issuance of building permit — also, applicant to attempt to have DOT approve the Sohier Road access as "exit /right turn only ", with no entrance from Sohier Road (so as to allow access road there to be made narrower and provide a larger buffer to the closest Northridge building). 2. The City of Beverly and MassDOT route 128, exit 19 interchange shall be substantially complete prior to the issuance of any certificates of occupancy. 3. Traffic mitigation payment ($200K) to be made at the time of application for building permit. 4. Put in trees /fence early in the project along the Northridge Building K area — to screen during construction. 5. If right turn 'from Sohier Road can be eliminated with MassDOT approval, widen screening area [add berm ?? Discussion topic noting that perhaps another alternative is to remove the angled parking and move the access drive further away from the K building. That may cause problems with delivery trucks so you won't gain the entire width of the parking space but perhaps it is worth exploring with the proponent.] 6. Make approval subject to the Buffer Detail Drawing for Building K, but specify the materials, height and sound dampening qualities of the fence shown on the plan. Retain jurisdiction and revisit after one year of operations for additional Northridge Page 3 of 21 Beverly Planning Board March 17, 2015 mitigation measures. [A sound dampening fence could be good but I wouldn't recommend one that is too tall because it could actually make the situation worse for the residents on the north side of the K building (feel like they've been walled in.) I think the arborvitae and perhaps a lower fence. I also personally prefer deciduous trees to be mixed in. 7. Incorporate all comments and requirement from City departments, boards, and commission letter. 8. Final details regarding treatment and mitigation of landfill gases (Corrective Action Plan) to be subject to final review and approval by Massachusetts Department of Environmental Protection (DEP) of a modification to the previously approved landfill post closure permit (SW -45). Final approved plans to be submitted to the City of Beverly Planning and Engineering Departments. 9. Dumpsters to be located as shown on the plan and only services during off -peak hours and not before or after allowed hours of operation below. 10. Deliveries to be 7 am to 8 pm Mon thru Sat and 9 am to 8pm on Sundays and holidays. 11. Hours of operation (not earlier than 8 am [coffee bar OK at Whole Foods at 7 am or later than 10 pm, except restaurants may remain open until midnight on Friday and Saturday. 12. Incorporate by reference all of the written representations made by the applicant (and its experts) in materials submitted to the Board. 13. Land banking of parking spaces as depicted. Applicant to demonstrate the need for the parking spaces by parking analysis prior to activating the parking spaces (additional landscaping may be required by the Planning Board) 14. Final design and location of the 24" stormwater drain pipe to be subject to prior approval of the City Engineer. 15. Final construction plans and documentation to be submitted to the City of Beverly Engineering Department prior to obtaining building permits. 16. Auto CAD "as built" drawings upon completion of the building and utility work to be submitted to the Engineering Department. These drawings shall also be delivered in .pdf format generated directly from the electronic AutoCAD files. These drawings prior to the sale /installation of the required water meters. Hutchinson addresses the Board and thanks Mayor Cahill, City Planner Aaron Clausen, Assistant City Planner Leah Zambernardi, her colleagues on the Planning Board, property owner Steve Cohen, and Chairman John Thomson for conducting an open and thorough process. Page 4 of 21 Beverly Planning Board March 17, 2015 Hutchinson states that they have received a lot of emails suggesting that this is a done deal and stresses that she did not know how any of her colleagues were going to vote when she came to this meeting tonight. She states that she now knows how one of her colleagues may vote but until now she did not. Hutchinson notes that some have suggested that the Board allow a Market Basket or a Shaws as opposed to a Whole Foods. She explains that the Board cannot control who the developer enters into a lease with as long as the use meets the criteria of the special permit. Hutchinson states that some have suggested that the development not be approved until phase II of the interchange project is completed. She explains that the Board cannot do that because we do not know when or if phase II will be completed as that is a project of the city and the state. She also notes that it was suggested that the applicant receive the appropriate permits for curb cuts and access from the state before getting local approvals and she would tend to agree but that developer has chosen to seek local permits first. Hutchinson reviews the criteria for a special permit and states that she is concerned with the criteria that adequate and appropriate city services are or will be available for the proposed use. Hutchinson states that she feels that based on the review of the plans and information submitted by city departments this is not a reason to deny the special permit. Hutchinson states that there is no factual evidence that the property values in the district will be adversely affected by this use. She notes that the language in the statute refers to the district and there is no factual evidence that there will be an effect on property values. Hutchinson notes that a demonstrable fact is the location with regards to the Northridge K building. She notes that one of the things that Mr. Cohen worked closely on was the location in regards to the Northridge K building and has provided for mitigation in the form of landscaping and a fence between the building and the site. Hutchinson states that she disagrees with Mr. Thomson's recommendation that the Sohier Road entrance should be made an exit only explaining that allowing both entering and exiting will take some of the pressure off of Brimbal Avenue. Hutchinson states that she sees the Brimbal Avenue area as two residential neighborhoods with a commercial and industrial in the middle. She explains that the proposed use should be located off a major highway. She states that the use is appropriate for the district and meets that criteria. Hutchinson reviews the criteria that no undue traffic will result from the proposed use. She notes that Brimbal Avenue has been a busy street and always will be, recalling that 45 years ago when the Hannah School was built, resident expressed concern back then about children walking on Brimbal Avenue to the school. She further notes that Brimbal Avenue is the main road that takes the residents of the Cove area to North Beverly. Page 5 of 21 Beverly Planning Board March 17, 2015 Hutchinson states that a thorough review of the traffic was done by the applicant as well as a peer review conducted for the city. She notes that two experts reviewed the plans and found that the roads will be able to handle the additional traffic. Hutchinson concluded that she would voting tonight in favor of granting the special permit. C. Barrett addressed the Board and thanked the Planning Department and all who testified and provided information to the Planning Board. She offered the comments to the Board: To grant a special permit all 6 factors must be met. I have comments regarding two of the factors: property values and undue traffic. In terms of abutter's property values, both a negative and positive impact can occur depending on the proximity of the retail shopping area to the property in question. The closer a property is to a retail shopping area the more diseconomy is created due to noise, traffic, lighting, pollution and crime. The proximity of commercial property affects residential property value, either beneficially of to its detriment. While the extended community may experience a statistically unproven Whole Foods effect, the direct abutter will not. There is a very high probability that the residents at Northridge will experience a reduction in their property values. My second concern is regarding the undue traffic factor. When valuing a property, appraisers consider the impact of external factors on valuation. Real estate appraisers have long recognized the effect of traffic on residential property value. The Appraisal of Real Estate, 8 th edition — appraisers caution that "excessive traffic, odors, smoke, dust, noise — can limit residential desirability." It is clear that selling prices for homes are affected by travel levels. Traffic variables indicate a significantly negative effect on price for homes on a high traffic street as compared with homes on a low traffic street. The study in ARE yielded a coefficient downward adjustment of 11.49% for high traffic. Translating the coefficient into simple terms, a property locating in a high traffic area receives a .847% discount for each additional 1,000 cars travelling on the adjacent street in a day. That translates to between about 3.5% - +5% reduction in property values from those property owners that are abutters or live in close proximity to high traffic generating retail properties. As traffic volumes increase, the safety of our streets declines along with property values, air quality and noise. Traffic noise, specifically heavy traffic noise lowers a property value significantly. Protecting a neighborhood from traffic involves minimizing the speed a volume of traffic. Cumulative effect of traffic at either end of the Brimbal Avenue corridor where both intersections are rated the lowest "F ". I read various articles about Whole Foods and the traffic generation that is inherent with a large national grocery store — communities such as Malibu, CA, San Francisco, Memphis, TN, Page 6 of 21 Beverly Planning Board March 17, 2015 Chicago, Fayetteville, Arkansas, Seattle, WA and Brighton NY all expressed concerns about increased traffic flow. Lastly, the Planning Board voted unanimously in 2005 that this particular parcel of land should remain zoned IR and not be zoned CG for various reasons all of which continue to be valid, particularly to remain in line with the City of Beverly's Master Plan maintaining the integrity of the IR districts. C. Barrett concluded noting that she is concerned that the North Shore Crossing application does not satisfy the two special permit factors regarding adverse effect on property values and undue traffic. Mullady addresses the Board and states that he echo's his colleagues thanks to the Planning Board members, staff and elected officials for all their work on this proposal. Mullady states that his two main concerns are traffic and property values. He stated that he is concerned that the effect on property values will deter people from buying homes in the area. He also stated that with regards to traffic, any additional traffic to an already overtaxed area is will make it worse. N. Barrett addresses the Board and states that he would also like to thank the Board and city staff for their efforts during this long process. He noted that although there was disagreement, no one was disagreeable. N. Barrett states that there are pros and cons to the project and he would echo the statement that this is not about whether a Whole Foods should be in this location. He states that it is about whether the developer has met his burden of proof and he thinks he has not. N. Barrett states that he is concerned about the layout of the site and the location of the Northridge K building and he feels that scaling back the project would be the only fair mitigation for the residents. N. Barrett states that the there are two MBTA train crossings at either end of Brimbal Avenue that already contribute to the traffic in the area. He notes that he feels that the proposal will create undue traffic and nuisances. N. Barrett also states that he is concerned about the enforceability of the conditions regarding deliveries and trash pick -up. He stated that it is his intention that he will vote that the applicant has not met his burden. Matz addresses the Board and read the following prepared comments: Thank you Mr. Chairman and Board members for allowing me the chance to speak tonight. Page 7 of 21 Beverly Planning Board March 17, 2015 First I wish to acknowledge tonight the 1,000's of hours put forth on this one project by the Planning Department staff, and the hundreds of hours given by your volunteer Planning Board led by our chairman, Mr. John Thomson. Before I get started I want to set the table for everyone by calling out what I look at/for in every project. I ask myself the following questions: does this project fit in the neighborhood? Will the project pose no adverse impact to human health, public safety, welfare and the environment? No one has assigned me that role on this Board. I choose it for myself and I take my role very seriously. I have voted on a number of special permits and I have voted in opposition to at least three, all facing significant neighborhood opposition. Throughout this process we have listened to hundreds of pieces of testimony and presentations from the proponent and concerned neighbors alike. My personal thanks go out to the DeAngelis household, Councilors Martin, St. Hillaire, and Latter, and City Council President Guanci. We have talked a lot about democracy. It seems that today democracy includes shouting down each other, intimidation and bullying. A cornerstone of democracy is that both sides are heard and all feel safe in expressing their opinion. When we fail on that democracy fails. From a technical standpoint, this project came down to 5 critical issues for him: Contamination of Soil and Ground Water — though 25+ borings and monitoring wells, and 50+ test pits, there are no contaminants in soil or groundwater exceeding MassDEP cleanup standards. Environmental impact at this site is less than minimal. Landfill Gas — The landfill is still releasing methane at low levels that will be mitigated using current and readily accepted engineering measures consisting of both lateral and vertical barriers and venting at building roof tops. This is a very old landfill that has vented itself; landfill gas is not a significant issue on this project and is not sufficient reason to deny a special permit. Settlement — by any measure, this old landfill has gone well beyond a period of significant settlement. Commercial development on a closed landfill is widely done across the country and the settlement rates at this landfill do not pose any unique challenges. This project is located on private property and as such it is up to the owner /proponents to come up with a foundation design that is both cost efficient for their project and limits their liability in the future. Again, this is private property, and foundation design is not a reason to deny a special permit. By the way, one of the concerned neighbors presented a nice speech and got beyond "hello" until she asserted that not enough time had been spent on landfill gas and other environmental issues and too much time (might) have been spent on stormwater and other issues. The correct statement is that a discussion of potential contamination, Landfill Gas, and Settlement issues were openly discussed over two evenings, with the proponent responding to my request to bring their experts to the second evening of such discussions. On that evening, I peppered the proponent with more than a dozen questions on these three key issues. Councilor Martin even thanked me later by saying "you ask great questions." I think that these issues were adequately vetted. Page 8 of 21 Beverly Planning Board March 17, 2015 Storm Water Mana ement — The proponent has presented a plan that has been reviewed, commented on multiple times by the City peer reviewer until there has been agreement. I trust the experts. The subgrade infiltration system is designed to mitigate downstream influx of water during a storm event. The design will allow water in the subsurface to be released in pulses similar to what occurs under existing conditions. Trying to raise panic over downstream flooding that is very unlikely to occur is not only incorrect and misleading but irresponsible. The Drain Pipe Issue — at the thirteenth hour one gentleman attempted to assert that replacement of the old city owned drain line was going to be replaced at tax payer expense; a completely false statement, having no history behind it or facts to support such a statement. The correct statement is that the proponent will pay $300,000 to remove and replace the city owned line at zero taxpayer expense. Given the multitude of experts involved, I trust that storm water will indeed be managed on site, and regardless, storm water is not a reason to deny a special permit. Traffic — When it comes to human health and public safety /welfare, This issue, above all others, has been my biggest concern. A lot of information has been out there, and debated, regarding vehicle trips and trip counts — too much information. Way too much. At the end of it all, the proponents traffic engineer and the City's' Peer review engineer agreed that this project will add 5 -6% additional traffic to baseline (existing traffic). I have lived in the neighborhood to be impacted by this project for almost 20 years and by my loose count I have traveled Brimbal Avenue more than 20,000 times. Despite what some neighbors contend, there are those ofus on the Board who do have extensive experience with existing traffic on Brimbal Avenue. We deal with it every day, twice per day during the week and several times on the weekends. There are significant traffic issues in North Beverly, particularly on Walnut and Putnam Streets. The traffic concerns in North Beverly are very real. However they are the responsibility of the city and not this proponent or any other. I trust that they will be remedied by this administration to the satisfaction of the people who live there. Now, to the matter of granting the special permit. Assuming as I have that (1) adequate and appropriate facilities are available on site and (2) that adequate and available city services will be provided (how can one conclude otherwise in a city of 40,000 ?) I will specifically address four of the six criteria that must be met. That no factual evidence is found that property values in the district will be adversely affected by such use. Property values of abutters in the IR Overlay District will not be adversely affected because they are also commercial and retail. As for the surrounding neighborhoods — outside of the IR Overlay District? Providing the Board with one instance where a local Lynnfield real estate agent scapegoated traffic as the reason he could not sell a $465,000 home for $540,000 is not a sufficient sample size to impress me. I saw Page 9 of 21 Beverly Planning Board March 17, 2015 the house in question; I wouldn't pay $540,000 for it either. While it is true that there are a number of studies which show that property values decrease with an influx of traffic. It is also equally true that the numbers also show that neighborhoods where a Whole Foods is located have a documented record of increasing property values. Staying on point, I conclude that property values in the IR Overlay District will not be adversely impacted by this project. That the specific site is an appropriate location for the proposed use, and that the character of adjoining uses will not be adversely impacted.— This project will be located in an area zoned for industrial and commercial usage next to a highway interchange. Adjoining properties are also commercial and retail with the exception of one building. I leave open the question for now, will the character of the Northridge K Building be adversely impacted by this project? There are no valid objections from abutting property owners based on demonstrable fact. There is one abutter objecting to this project and they claim to base their objections upon how this development will dramatically (negatively) impact their quality of their life. The one demonstrable fact presented is the proximity of the proponents' property and the Northridge K Building, a distance of less than 5 feet. That is a fact. However it is up to the proponent to alleviate their abutter's situation over and beyond complying with setback requirements, etc., under the special permit? That is an open question for the Board to discuss. That no undue traffic and no nuisance or unreasonable hazard will result. The main question I put before the Board for us to discuss this evening is this: Does a 5 to 6% increase in traffic pose a condition(s) of "undue traffic... nuisance... or unreasonable hazard." I am no traffic expert by any means so I will rely upon the recommendations of the Traffic Commission dated February 6, 2015. However, I am open to the opinions of others on the Board this evening. These are my conclusions developed over the very long haul. I look forward to our discussion this evening. Thank you Mr. Chairman, members of the Board, and All, for the opportunity to speak this evening. Miller addresses the Board and states that he has three concerns regarding the conditions proposed by Chairman Thomson. He notes that the delivery hours have been discussed but not the size of the vehicles that will be allowed. Thomson states that they were discussed and proposed by the developer and that will be incorporated into the decision. Miller states that he also agrees with Ms. Hutchinson that the egress and ingress on Sohier Road should be both entrance and exit. He notes that studies show that there will be no queuing and the traffic will keep moving. Miller stated that the third impact that he is concerned about is the impact to the Northridge K building being so close to the access road and he does not feel that the proposed mitigation of a buffer with landscaping and a fence is adequate. He note that the proposed fence is 8 feet high and suggests as an alternative that the developer install high efficiency ductless air conditioning Page 10 of 21 Beverly Planning Board March 17, 2015 on that side facing the roadway of the Northridge K building. He explains that this will allow the residents to close the windows and will also help with dust during construction. He states that he feels that this would be a better solution to maintaining quality of life. Miller states that traffic is a huge issue but notes that the focus has been too much on volume of traffic as opposed to movement of the traffic. He states that the Level of Service increase of 5- 6% won't matter as long as there is movement. He states that he does not think that has really been addressed noting that a great deal of consideration has been given to this project. Mack addresses the Board and thanks Chairman Thomson for a very orderly hearing. He notes that his leadership and control is appreciated. Mack reviews the special permit criteria and offered his remarks on each. Mack notes that the first criteria is that the specific site is an appropriate location for the proposed use, and that the character of the adjoining uses will not be adversely affected, he finds that in his opinion Mr. Thomson and Ms. Hutchinson were spot on that the location of the use off of a major highway is appropriate. He note that the developer agreed that the redesign of the interchange would be completed before the site is opened and this is critical. He also states that he has not seen any evidence that the residential character of the neighborhood would be adversely affected. Mack also stated that he agrees with Mr. Matz regarding the fact that the site is a former landfill. He notes that since the 70's and 80's former landfills have identified for use and reuse and he did not hear any evidence that the use of the site would present a problem. Mack stated that no factual evidence was presented that property values would be affected with the possible exception of the gentleman who stated that he may lose a portion of his yard. Mack states that he is confident that if that is the case they would be compensated through the eminent domain process. Mack stated that Whole Foods tends to boost property values and notes that he found some of the comments regarding people from other communities coming to Beverly to shop there disturbing. Mack stated that regarding adequate city services being available he does not think that is a factor and there is no evidence that city services are not adequate or not available. Mack stated that no one enjoys traffic. He notes that the standard is not NO traffic, it is undue traffic or nuisance traffic. He states that traffic is a positive sign of economic growth and notes during the recession there was little or no traffic. He states that an increase in traffic is no in and of itself a negative thing. Mack stated that a lot of information was provided during the process regarding the traffic and notes that the Board listened to the anecdotal observations and opinions of those who live in the area, as well as reviewed presentations from traffic engineers for the developer and a peer review. He also notes that the opinions and review of city agencies including the Parking and Page 11 of 21 Beverly Planning Board March 17, 2015 Traffic Commission that is made up of volunteer professionals and representatives of the police and fire department. Mack states that he drives through Beverly all the time as do all members of the Board and states that traffic tends to be over stated in an alarmist sort of way. He recalled that there was much opposition to the Walgreens project in North Beverly and notes that it is now open and he does not see any affect from it. Mack states that the added traffic will not be a nuisance and that the flow of traffic level of service closest to the site will go from a level F to an A. He also notes that the impact will be incremental and at peak hours. He also notes that traffic will be significantly less than if the developer were to develop what he can as of right. Mack states that there are issues with the North Beverly traffic at the railroad crossings and there will continue to be a problem until the city and the MBTA address that. Mack concluded stating that the applicant has more than met the burden on this and the Board would be remiss as a Board if this is not allowed to go forward. Thomson asks for a motion from the Board at this time and notes that further discussion will be called for once there is a motion on the table. Mack: motion that the Planning Board approve the Site Plan Review and the Special Permit for all of the reasons he stated in his remarks and those made by the Planning Board members who expressed support for the project. He also states that he tends to agree with Ms. Hutchinson on the condition proposed by Mr. Thomson regarding the egress and ingress on Sohier Road which would relieve the traffic on Brimbal Avenue. Hutchinson seconded the motion. Discussion: Mullady states that as a teacher he interprets the word nuisance as something that interferes and he feels that additional traffic would be a nuisance and he feels that common sense should be followed. He also questions the reliance on information presented by the experts and notes that the Board needs to pause and see what happens if they are wrong. Thomson states that he appreciates all of the comments made this evening and notes that reasonable people can agree to disagree. He notes there are standards and common sense isn't one of them that the Board has to take this seriously noting there has to be a higher standard. Thomson explains that the suggestion of the condition for the Sohier Road egress is his personal opinion. He states that his concern is that it is not a vital entrance point but it is a vital exit point for the site. Thomson also refers to the research presented regarding the effect on property values presented and states that he appreciates the research but he does not feel that it is relevant to this circumstance. He also notes that with regard to the Lynnfield example used it is entirely possible Page 12 of 21 Beverly Planning Board March 17, 2015 that the owner was asking more for the property than he could get. He explains that people always put property on the market for what they hope to get for it. Thomson states that the enforcement of the conditions will be up to the Building Inspector for the City of Beverly and notes that if members of the public notice any non - compliance of the conditions imposed, they should contact the Planning Department and the Building Inspector. He notes that the owner is subject to fines. Thomson also states that with regard to property values there has been no factual evidence that they will be adversely affected. Mack states that property values are somewhat of a science noting that property values are localized. He also notes that the proximity of a development to which one can walk to such as a grocery store could have a benefit to counter any negative effects. N. Barrett states that one concern of his is the impact of the development on traffic and he feels that the ingress and egress near the Northridge K building and notes that he is concerned about traffic noise and pollution. He also states that the proposed mitigation is not enough. He states that he thinks that the site is too small for a four building project and suggests that it were just for a grocery store it could be reconfigured to better fit the site and is he only appropriate mitigation for the neighbors instead of shoe horning four buildings on the site. N. Barrett also states that he is concerned that the traffic from special events such as the North Shore Music Theater has been glossed over. He state that you can count the cars from the number of ticket sales for an event and he feels that the experts dodged this issue. He notes that traffic will be increased at peak hours during the week and on weekends as well, noting that the neighbors requested that they be allowed to have their weekends. N. Barrett also stated that he is concerned about the type of truck traffic that the development will attract and the effect on the abutters. Thomson notes that the Planning Board has a responsibility to see that mitigation is proposed for the neighbors and states that there is mitigation proposed in the form of landscape screening and a proposed fence. Mullady states that he would echo N. Barrett's comments with regards to the impact on the K building and notes that telling the residents to close the windows is not acceptable and more should be done. Mack addresses the Board and notes that the Northridge K building is close to the property line and notes that what the developer could develop by right wouldn't be any different unless the property remains undeveloped. He also noted that many of the same arguments were made by abutters of the Walgreens property on Enon Street and he believes that it was handled the same way and was beneficial to both parties and the direct abutter is quite pleased. He stated that he does not feel that the effects of this warrants denial. Page 13 of 21 Beverly Planning Board March 17, 2015 C. Barrett addresses the Board and states that the research that she read on the Whole Foods effect does not prove that effect. She also states that if the Board votes to approve this, the proposed left hand turn going into the North Shore Plaza needs to be looked at. She notes that there is no traffic signal, no round about and not even a suicide lane. She further notes that the additional traffic from the North Shore Music Theater with two performances on the weekends needs to be closely looked at. Matz addresses the Board and states that he concurs with Ms. Barrett on the left turn into the site on Brimbal Avenue, and was remiss in not mentioning it during his remarks. Thomson notes that the road will be widened to keep the traffic moving. He also notes that there is a dedicated left turn on Essex Street to enter Route 128 and it works rather well. Thomson calls for a vote on the motion at this time. He notes that a super majority of the Board is required and six votes are needed for this to pass. Mack addresses the Board and states that he has reconsidered and would like to amend his original motion to include the condition regarding the Sohier Road egress be exit only as recommended by Thomson. Thomson states that in order for this to be a friendly amendment the member who seconded the motion needs to second the amendment. Hutchinson states that she feels strongly that it should be an entrance and an exit. There being no second the amendment offered by Mack, Thomson calls for a vote on the original motion that the Planning Board approve the Site Plan Review and the Special Permit for all of the reasons he stated in his remarks and those made by the Planning Board members who expressed support for the project. He also states that he tends to agree with Ms. Hutchinson on the condition proposed by Mr. Thomson regarding the egress and ingress on Sohier Road which would relieve the traffic on Brimbal Avenue that was made by Mack and seconded by Hutchinson. A vote was taken and the motion carried (6 -3) with N. Barrett, C. Barrett and Mullady opposed. Miller asks if further discussion could be held at this time regarding other conditions for the project. Thomson agrees. Miller addresses Thomson and regarding the Sohier Road exit issue and notes that the traffic study recommended that it be an entrance and an exit. Thomson states that his intention with this condition was to further mitigate the issues with the Northridge K building. He also notes that he talked with the Chair of the Parking and Traffic Commission Richard Benevento and he indicated that the entrance on Sohier Road is not critical to the project. He noted that the only reason for the tweak is to help mitigate the Northridge K building issues. He notes that the gain would only be six feet that would be saved on the roadway width. He also noted that the applicant would have to come back to the Board with a change. Page 14 of 21 Beverly Planning Board March 17, 2015 Thomson states that he feels that there is no interest in reconsidering the issue of the Sohier Road issues he suggested that the Board move on from this issue. N. Barrett addresses the Board and suggests a condition that would require the owner to provide a police detail during holiday periods on Brimbal Avenue. Thomson states that it is not an unreasonable request but notes that most businesses provide them as a good business practice. He also states that he cannot recall the Board ever conditioning that before. He asks Zambernardi if she knew of any instance where this was done. Zambernardi states that she is not aware of any conditions imposed requiring traffic details. Thomson also notes that the Parking and Traffic Commission has requested a review of the traffic 6 months after the occupancy permits is issued and again at 12 months and if there are any traffic issues as a result of the project, that will be an opportunity to address them. The Board voted to allow the applicant to address the Planning Board to offer comments at this time. Atty. Thomas Alexander representing the CEA Group addresses the Board and states that the traffic details that are provided by Stop and Shop, Shaw's, and the North Shore Music Theater are done so by the owner of the property because it is good business. Mack states that he does not feel that a condition requiring police details is necessary. Miller states that he feels very strongly about the quality of life issues that result from this project on the Northridge K building residents and his suggestion of the air conditioning was for that reason. He also notes that he does not feel that a regular fence will benefit this and suggests that it should be a sound protection fence. Thomson states that the residents of Northridge did not ask for this and further notes that he would hope that the fence proposed would be a noise attenuating fence. Thomson asks if the applicant is still in discussion with the residents of Northridge. Alexander states that they are not. Atty. Alexander states that a sound attenuating fence costs $15,000 more than a regular fence. He states that they are willing to set aside $15,000 towards the installation of the suggested air conditioning instead of the fence, and notes that they do not want to get into doing any work on their property. Mack agrees noting that could be a slippery slope. Alexander thanked the Planning Board and the neighbors for their attention to the process and notes that it was a great example of democracy in our community. Mr. Cohen also addressed the Board and thanked for all of their time and effort during this process. Thomson states that this concludes the Planning Board discussion of this matter and the Board will now move forward with the rest of the agenda this evening. Page 15 of 21 Beverly Planning Board March 17, 2015 Subdivision Approval Not Required Plans 277, 277R, & 279 Hale Street — Lodge, Purtell, and Clarinet Realty Thomson recuses himself from this matter and Hutchinson assumes the Chair. Robert Griffin addresses the Board on behalf of the applicants and explains that they applicants are submitted an SANR plan to swap three parcels between the three properties. He notes that none of the land conveyances impact frontage and the properties will have more than the required 45,000 s.f. of land area in the R45 zoning district. Griffin reviews the plan with the Board. Flannery states that this seems straight forward. Mack asks if the Planning staff concur with the proposal. Zambernardi reports that planning staff has reviewed the plan and recommends endorsement. Mack: motion to approve the SANR for 277, 277R, & 279 Hale Street for, Purtell, and Clarinet Realty as submitted. Flannery seconds the motion carries (8 -0). Continued Public Hearing — Special Permit Application #141 -14 — Create One Pork Chop Lot — 51 Standley Street — Thomas Carnevale, Trustee of RC Realty Trust Thomson returns to the meeting at this time. Mack moves to waive the reading of the legal notice. Flannery seconds the motion. The motion carries. Mack moves that the Board recess for public hearing at this time. Hutchinson seconds the motion. The motion carries (9 -0). Atty. Thomas Alexander addresses the Board and states that at the last meeting the public hearing was opened and they made their initial presentation. He notes that the Board requested that the applicant consider the recommendations of the Open Space and Recreation Commission on the design. Alexander explains that counsel for the Waring School presented objections to the front yard and explains that the issue is that the open space for the from the building to the street for the front yard and notes that it is well within the front and side setback requirements. He further notes that as long as the building is within the setback requirements they are in compliance. Alexander states that their request to create a pork chop lot is a conforming lot with a slightly reduced frontage which is allowed by special permit. Page 16 of 21 Beverly Planning Board March 17, 2015 Atty. Thomas Harrington addresses the Board and reviews the letter sent to the Board with comments regarding their objections to this plan.. He explains that his objection to the plan is that they are taking five feet of frontage from the front yard will result in that home having less than 30 foot front yard setback required in the R -22 district. He then explains the process that should be used to measure the front yard setback and explains that if you draw two parallel lines from the house to the street and measure it, and questions whether pork chop lot can be created under the bylaw. He states that the applicants request is beyond the purview of the Board. Thomson asks Harrington to draw a line from the house to the street and questions if his conclusion is based on a survey. Harrington states that it is based on his observation. Harrington states that it is incumbent on the Planning Board to be sure that the entire front yard exists before the applicant before they issue a decision. Harrington also states that they are currently working with the Conservation Commission to improve access to the conservation land and create two parking spaces. He states that this is not the right place for a pork chop lot and states that they are not entitled to it. Zambernardi reviews the plan and explains the request, and the criteria that needs to be met and notes that the plan as presented meets that criteria. Joanne Avalon, a Trustee at the Waring School addresses the Board and stats that in addition to the land swap to help create access to the conservation area they are working on a community garden on the other side. She also notes that they are concerned for the safety of the students as well, noting that the students in grades 6 -12 will be making use of that. Harrington states that using his definition there would need to be 30 feet of front yard for the setback. Miller states that Assistant City Planner Zambernardi has interpreted that the front yard setback has been met. Alexander states that Building Inspector Steve Frederickson has reviewed the plan and concurs with the plan. Alexander notes that they do not want a larger driveway and that they would like it to blend in with the side of the house referring to the grading of the access way. He suggests that they could have it be a shared driveway. Harrington states that they are concerned about safety and they are concerned that the driveway would be used for parking and they need to be sure that there will be no parking and that it is to access the back lot. He notes that the land behind it is conservation land. Harrington states that the Conservation Commission is in charge of the 25 foot access and they have not focused on how wide it should be. Page 17 of 21 Beverly Planning Board March 17, 2015 Thomson asks Alexander if they could wait until the next meeting for some answers. Alexander explains that his client Donna Sweeney is under some time constraints. He suggest that the decision could be granted giving the city a Right of Way for an additional 15 feet which would make the Right of Way 40 feet. He explains the process and notes that it would have to be approved by the City Council. There being no further questions or comments regarding this matter, Thomson declared the public hearing closed. N. Barrett: motion that the Planning Board approve the Special Permit Application #141 -14 — Create One Pork Chop Lot — 51 Standley Street — Thomas Carnevale, Trustee of RC Realty Trust, and that the applicant agrees to a shared driveway with the existing lot, and the applicant agrees to convey 15 feet to expand the easement to 40 foot Right of Way and subject to other conditions suggested by other city departments. C. Barrett seconded the motion. The motion carries (8 -1 with Mullady opposed). Continued Public Comment Period and Public Hearing — Open Space Residential Desittn #5 -14 — Initial Review and Yield Plan- 8 Lot Subdivision — 44 -52 Standley Street — RC Realty Trust & Donna Sweeney Flannery moves to waive the reading of the legal notice. Attorney Thomas Alexander addresses the Board and explains that at the last meeting they were in the process of presenting the yield plan for the site. He also notes that Planning staff had some questions and they have addressed them and submitted additional information to the Planning Department. Alexander asks the Board if they contemplate any changes to the OSRD in light of the Beverly Farms case. Thomson states that he anticipates something but nothing has changed presently. Zambernardi explains that the City Solicitor will be looking into that. Atty. Harrington addresses the Board and states that they have hired an Engineer to review the yield plan and unfortunately they do not have the information this evening. Alexander states that if it is at all possible they would like to get through the review of the yield plan this evening noting that they are not looking for approval this evening. Thomson agrees and asks members of the Planning Board for their thoughts. Hutchinson states that she would prefer to wait until they have all of the information to review. She notes that the next meeting of the Board is April 14, 2015. Atty. Harrington stated that he would have their comments by March 23, 2015. Page 18 of 21 Beverly Planning Board March 17, 2015 Hutchinson: motion to table the presentation to the next meeting on April 14, 2015. Flannery seconded 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 BuildinLy within a Mixed Use Development -181 Elliott Street — Beverly Commerce Park, LLC Zambernardi explains that Steve Drohosky has submitted a letter to the Board requesting that the matter be continued to the April 14, 2015 Planning Board meeting. She explains that they in the process of doing a traffic study at the request of the Parking and Traffic Commission as well as some drainage studies and they will be ready to proceed with their initial presentation that evening. Flannery: motion to continue the matter to the April 14, 2015. Mullady seconds the motion. The motion carries (9 -0). Public Hearing— Special Permit Application #142 -15 — Create Two (2) Pork Chop Lots — 140 Colon Street — Estate of Barbara Rowell Zambernardi reads legal notice. Atty. Miranda Gooding of Glovsky and Glovsky addresses the Board on behalf of the applicant, the Estate of Barbara Rowell. She explains that they are requesting a special permit to create two pork chop shape lots at 140 Colon Street. She explains that the property is in the R10 zoning district and is accessed by a private drive. She explains that they are selling the main house on the property and creating a second lot. Gooding states that the plans have been reviewed by various city department and note that the City Engineer has raised a question regarding the public way that runs up the side of the property to the old park and explains that the subject property has the right to access and existing right of way established from Colon Street to Woodland Road. She explains that the access is currently unimproved, but would appear to be available to establish legal frontage without the use of special permit Section 38 -5 pork chop lots. Gooding also notes that the fire department raised a comment about the driveway on the new lot. She stated that she was surprised to see a comment about that driveway noting that it is a private driveway and explains that she talked to Mr. Tanzella and explained that they are proposing to use the existing driveway. Mr. Rowell addresses the Board and states that they want to be sensitive to the neighbors while maximizing the sale of the property. Gooding reviews the criteria for a special permit. Hutchinson asks if parcel A will remain part of lot B. Gooding states that an ANR will have to be submitted for approval. Page 19 of 21 Beverly Planning Board March 17, 2015 Gooding notes that all lots will remain under the ownership of the Rowell's until they are conveyed. Thomson opens the hearing up for public comment at this time. Edward King of 129 Colon Street addresses the Board and asked what the new house would look like. Gooding explains that Mr. Rowell will sell the property at this time and is not building on it. Mr. King stated that he is concerned about the use of the property noting that it is an unimproved way. Hutchinson: motion to close the public hearing at this time. Mullady seconds the motion. The motion carried (9 -0). Matz: motion to approve the application for a special permit at 140 Colon Street, as it meets all of the criteria of Chapter 3 8 -24 of the Zoning Ordinances A- J, and that the property shall not be further divided, and that driveway shall be a shared driveway with no new curb, and the driveway shall be paved. Flannery seconds the motion. The motion carries (9 -0). Request to Set Public Comment Period and Public Hearing Date — Open Space and Residential Design (OSRD) #6 -15 — Initial Review and Yield Plan — 30 Foster Street — Lindallwood Realty Trust Zambernardi informs the Board that the Planning Department has reviewed a request to set a public comment and hearing date for an OSRD plan at 30 Foster Street, by Lindallwood Realty Trust. Thomson suggests that the Planning Board set the date for the public hearing during the April 14, 2015 Planning Board meeting. Hutchinson moved to set the public hearing date for Tuesday, April 14, 2015 at Beverly City Hall. Flannery seconds the motion. The motion carries (9 -0). Request to Set Public Hearing Date — Special Permit 9143 -15, Site Plan Review 9116 -15 and Inclusionary Housing #8 -15 —131 Rantoul Street — Depot Square Phase III LLC Mack suggests that the public hearing be scheduled for the May Planning Board meeting if the applicant agrees. Atty. Gooding stated that she does not have the authority to make that decision on behalf of her client. She also notes that it is a time issue as well involving the purchase of the property. Mack moves to schedule the public hearing for April 14, 2015 during the Planning Board meeting at 7:00 p.m. Hutchinson seconds the motion. The motion carries (9 -0). Approval of Minutes Page 20 of 21 Beverly Planning Board March 17, 2015 The minutes of the January 13, 2015 and January 21, 2015 were tabled to the April 14, 2015 meeting.. Adiournment There being no further business to come before the Planning Board this evening a motion was made by Mullady to adjourn the meeting, seconded by Mack. The motion carried (9 -0) The meeting was adjourned at 11:00p.m. Page 21 of 21