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BPB Minutes April 27 2016Beverly Planning Board April 27, 2016 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: April 27, 2016 Location: Beverly City Hall, City Council Chambers Members Present Chair John Thomson, Vice ChairEllen Hutchinson, Ellen Flannery, Catherine Barrett, David Mack, James Matz (arrived at 7:20),Wayne Miller Members Absent: Edwin Barrett, Michael Rotondo Others Present: Assistant City Planner Darlene Wynne Recorder: Eileen Sacco Thomson calls the meeting to order at 7:00 p.m. Subdivision Approval Not Required Plans Discussion/ Decision: Subdivision Approval Not Required Plans —181 Elliott Street — Beverly Commerce, LLC Steve Drohosky of Beverly Commerce, LLC addresses the Board and states that he is joined this evening by Mike Aveni.He explains that they have submitted an SANR plan requesting a new Lot 1 consisting of 2.02 acres to be split off from the existing 50.91 acre lot that is the Cummings Center.He explains that the reason for this request is to create an independent lot to support the condominium building currently under construction. Drohosky explains that they were before the ZBA last evening for a variance for zero foot rear yard setbacks and that the variance was approved. Drohosky recalled that the Board approved a similar ANR plan a decade ago to support the proposed hotel and notes that this is a little different configuration and there is no interest being granted in the garage for the condo project. Wynne recalled that the Board approved a special permit allowing the construction of the 73 unit multi - family structure as part of a mixed use development which would require commercial use on the site. She explains that the mixed use has changed and the applicant is proposing to lease space for a commercial solar entity that will provide solar power to the Cummings Center. She reported that Steve Frederickson has reviewed this and determined that the solar use meets the requirements for the mixed use regulations. She notes that this is not an ideal understanding of a mixed use and they were concerned about setting a precedent but determined that there are not many opportunities for IR overlay projects and they felt that it would not be precedent setting. Page 1 of 15 Beverly Planning Board April 27, 2016 There being no further questions or comments regarding this matter, Thomson calls for a motion at this time. Mack: Motion to endorse the SANR for 181 Elliott Street as submitted. Flannery seconds the motion.The Chair votes in favor.The motion carries (6 -0) (Matz was not present at this time) Miller inquires about the feasibility of rooftop solar and Drohosky explains their reasoning for employing solar. Discussion/ Decision: Subdivision Approval Not Required Plans — 14 Beaver Pond Road — Carmen and Elizabeth Frattaroli Atty. Thomas Alexander with offices at 1 School Street, Beverly, addresses the Board and explains that he is joined this evening by Mr. Frattarolli as well as Atty. James Alexander and that they have provided a very detailed memo regarding this parcel. Atty. Alexander explains that they are requesting this ANR to confirm the status of the lot that the Frattaroli home has been located on for 34 years.He explains that the lot is shown as Parcel I on both the current ANR plan and on an ANR plan endorsed by the Beverly Planning Board on December 15, 1998.He notes that the status of the parcel is dimensionally identical on both plans, and in 1998 was endorsed as a newly divided lot with adequate frontage on a way in existence, that does not constitute a subdivision.He explains that the purpose of this plan is to confirm that the division of land which created parcel 1 -A as shown on the Plan of Land endorsed by the Planning Board on December 15, 1998, recorded in Essex South Registry of Deeds, Plan Book 332, Plan 72 is a separate lot of record having adequate area and frontage.He also states that the frontage is on a way previously designated as frontage by the Planning Board on a plan endorsed on September 28, 1978, also recorded at the Registry of Deeds in Plan Book 150 Plan 61 with an address of 14 Beaver Pond Road with the required 175 feet of frontage. Atty. Alexander reviews the lots on the plan and notes that the Right of Way is used by several lots for frontage and notes that a previous subdivision plan did not show this property.He states that they want to confirm that this is a separate lot of record and to correct the record that this house has frontage. Atty. Alexander shows the Board aerial photographs showing the lots. Thomson asks if members of the Board have any questions or comments at this time. C. Barrett asks why this matter is coming up now.Atty. Alexander explains that it has been questioned as whether the Frattarolis have a separate lot of record and explains that the details of the frontage were not shown on a previous approved plan.He states that he thinks at the time that the plan was approved the focus was on the subdivision and they did not include this property because it was considered a separate lot from the subdivision project at that time. Page 2 of 15 Beverly Planning Board April 27, 2016 Miller asks what the status of the Right of Way is today.Atty. Alexander explains that it is about 15 feet wide and looks a little wider than a driveway. He notes that public safety vehicles can access the site and notes they have a photo of a fire truck up there.He notes that the ROW also provides access for three other properties. Thomson asks if there are any questions or comments from the staff regarding this matter. Wynne states that they have reviewed the matter and explains that the proposed Lot 1 meets the three standards required for endorsement by the Board prior to the subdivision control law and she agrees with Atty. Alexander. Mack clarified that an SANR does not require the creation of a new lot. Matz arrived and apologized for being late and notes that he has some questions that may have already been answered. Thomson notes that the Board has reviewed the information suggested and the questions may be repetitive and suggests that Matz abstain from voting on this matter. Matz agreed. There being no further questions or comments regarding this matter Hutchinson: Motion to endorse the SANR for 14 Beaver Pond Road as submitted. C. Barrett seconds the motion.The Chair votes in favor.The motion carries (6 -0). Approval of Minutes The minutes of the Planning Board meeting held on January 20, 2016 were presented for approval. Flannery: Motion to approve the minutes of the Planning Board meeting held on January 20, 2016 as submitted.Mack seconds the motion. The motion carried (6 -0 -1) with Hutchinson abstaining. Establish a Bond for Homeowners Association Obligations — Cove Village — 50 -54 Bow Street — Symes Development and Permitting, LLC Jeff Rhuda of Symes Development and Permitting LLC addresses the Board and explains that they are proposing the establishment of a $1,500 bond to be posted to secure the obligations of the HOA for the open space.He explains that they are requesting this amount as the open space is small in area: 10 1, 13 3 s. f. and there are no wetlands and few trees and the majority of the land is a former lawn area.He states that they see the maintenance of the open space being mowed once or twice a year. There being no questions or comments regarding this matter Mack: Motion to approve the proposed bond in the amount of $1,500 for Cove Village — 50 -54 Boyles Street. Hutchinson seconds the motion.The motion carries (6 -0 -1) with Matz abstaining. Page 3 of 15 Beverly Planning Board April 27, 2016 Release Lots and Establish a Performance Bond — Standley Gardens — 44 & 52 Standley Street — RC Realty Trust Wynne explains that RC Realty Trust has submitted a request for the release of lots from the Form G Covenant and the Board's acceptance of a Performance Bond in the form of a Tri- partite Agreement for the remaining infrastructure, roadway and lot construction at Standley Gardens in the amount of $360,757.10. She explains that the City Engineer has reviewed the Performance Bond and the City Solicitor and the Planning Department have reviewed the Tri - partiteAgreement. C. Barrett expressed concern that the lots are being marketed.Wynne explains that they cannot get a certificate of occupancy until all of conditions of approval have been met.Matz agreed that the property is being marketed. There being no further questions or comments regarding this matter: Mack: Motion to release the lots and accept the Performance Board in the amount of $360,757.10 in a Tri - partite Agreement for Standley Gardens — 44 & 52 Standley Street.Flannery seconds the motion.The Chair votes in favor.The motion carries (7 -0). Release of Lots and Establish a Performance Bond — Nelson Avenue Extension — Legacy Development, LLC Atty. Manny Rabbitt addresses the Board and explains that they have requested the release of lots from the Form G Covenant and the Board's acceptance of a Performance Bond in the form of an irrevocable Letter of Credit for the remaining infrastructure and roadway construction at Nelson Avenue Extension, a minor subdivision.He explains that the performance bond is in the amount of $32,224.50 for the completion of the roadway and utilities work on Nelson Avenue Extension. Wynne explains that Nelson Avenue Extension is a short piece of roadway and notes that the developer has done a considerable amount of work on the site already. She also notes that City Engineer Greg St. Louis has reviewed the Performance Bond and the Planning Department has reviewed the Letter of Credit. Thomson questions when the Performance Bond expires.Wynne reports that the Performance Bond expires on September 22, 2017. She also notes that the Letter of Credit expires on April 27, 2017.Atty. Rabbitt states that if they have to extend the bond they would be willing to do so but they feel that they will have the project completed before it expires. C. Barrett: Motion to release the lots, approve the Performance Bond in the amount of $32,224.50 and accept the Letter of Credit for Nelson Avenue Extension. Miller seconds the motion.The Chair votes in favor.The motion carries (7 -0). Continued: Public Comment Period and Public Hearing — Open Space and Residential Design (OSRD) Initial Review Application #9 -16 — Initial Review and Yield Plan — Create 3 or 4 new lots — 122 Cross Lane Page 4 of 15 Beverly Planning Board April 27, 2016 Hutchinson: Motion to waive the reading of the legal notice.Flannery seconds the motion.The motion carries (7 -0). Mack notes that he was not in attendance at the last meeting and has not listened to the recording of the meeting. Hutchinson notes that she was also not in attendance at the meeting and has also not listened to the recording.Wynne apologizes for not getting the recording to the members and notes that they are not eligible to participate in this matter this evening as the public hearing was opened at the last meeting. Thomson addresses Mr. Griffin who is present for the applicant and informs him that while there are enough members present who are eligible to vote on the matter there are two members who cannot participate this evening.Mr. Griffin states that he would like to make a presentation on the Yield Plan this evening and that if there are a lot of questions he would be willing to continue the matter to the next meeting. Griffin recalled that since the last meeting, in response to feedback they have revised the Yield Plan and Concept Plan A.He explains that the yield plan revisions removed a portion of the driveway for Lot 2 from the 100 foot NDZ associated with the potential vernal pool in the A- series wetland.He also reported that there have been changes to the Concept Plan A where they rotated the conceptual house footprints towards Cross Lane, modifying the driveways associated with those houses. He also reported that as a result of these changes the shape of the NDZ for Lot 1 and 2 and that there is an increase in theprovided open space parcel along the northeast side of the project, noting that the plan exceeds the requirements for both NDZ and open space.He also notes that there are no waivers requested for the Yield P1an.He also notes that it is a fairly conventional subdivision with a straight forward design. Wynne explains that the location of the houses facing Cross Street is preferable to the City in keeping with the character of the neighborhood. Matz states the proposed location on the Yield Plan for Lot 3 appears to be in a bedrock outcrop. Griffin states that there are plenty of projects that have had much greater slopes that this and have been built. Thomson notes that there has to be some cost factor that they use to determine the cost to build and if it is worth it.Griffin confirmed that from a practical economic point of view these lots can be constructed. Griffin states that the Concept Plan A is the preferred plan by the developer.He explains the layout of the lots in relation to the driveway on the plan and notes that they meet the 22,000 s.f requirement per lot.He also notes that the plan would allow for a connection from Boyles Street to Sally Milligan Park by establishing a trail without removing any trees. Griffin reviews the lot calculations and the changes to the plan. He explains that there was a change to the shape of the No Disturb Zone and explains that the western edge of the lot will impede the 25 foot NDZ but would be within the open space. Page 5 of 15 Beverly Planning Board April 27, 2016 Wynne notes that a change in the NDZ would require a waiver because the 25 foot NDZ is required for the entire perimeter of the property. Thomson notes that a requirement of the OSRD is that the applicant take into consideration the siting of the buildings. Griffin explains that they did a topographical survey of the site. Thomson asks if Griffin thinks that the pork chop lot is a constraint. Griffin states that they think it is and explains the requirements. Discussion ensures regarding the use of a common driveway. Griffin states that if they use a common driveway they would be held to a higher standard. Thomson notes that they would have to accommodate for the utilities and the width of the driveway plus a little land on either side of the driveway. Miller states that the Concept Plan A is favored by the OSRC and the Conservation Commission. Wynne reports that she talked with Conservation Commission Agent Amy Maxner and she does not think that they have to go back to the Commission. Thomson states that he feels that the changes will enhance the project. Miller asks who will be taking on the open space from the project. Griffin states that they intend to convey the open space to the City of Beverly. Thomson asks if the City is open to the idea of accepting the open space. Wynne reported that she thinks so and notes the property is adjacent to Sally Milligan Park. Wynne notes that the plan appears to show a parking area and asks if they are proposing a new parking area. Griffin explains that there is presently an area where people park that is a gravel area and they are not proposing any new parking. Miller notes access to Sally Milligan Park may be difficult because the proposed area of trail can be wet. Griffin explains that once you get to the City property one is able to walk the site.Wynne states that when considering the setting aside open space, the main purpose of the OSRD is the preservation of habitat. Matz asks if the developer has met with the neighbors noting that past projects have been met with some mixed feelings about cul -de -sacs and narrow roads. Griffin reported that there were some neighbors at the last meeting and although they did not speak at the meeting, Mr. Carlson spoke with them in the hallway and there appeared to be no concerns. Wynne also reported that there have been some neighbors who have come into the Planning Department to review the plans. Thomson opens the hearing up for public comment at this time. There was no public comment. There being no further questions or comments, Thomson states that he would entertain a motion to close the public hearing. Flannery: Motion to close the public hearing. C. Barrett seconds the motion.The Chair votes in favor. The motion carries (7 -0). Page 6 of 15 Beverly Planning Board April 27, 2016 Thomson asks if the Board wishes to act on the matter now. Matz: Motion to accept the Yield Plan for 122 Cross Lane, Benco, LLC. C. Barrett seconds the motion. The Chair votes in favor. The motion carries (5 -0) with Hutchinson and Mack ineligible to vote. C. Barrett: Motion to approve the Preferred Plan as Concept Plan A with 3 conditions for revisions to the final plan as follows: 1. That the 25 foot buffer zone be restored completely around the three sides of the perimeter of the tract, except where adjacent to the open space parcel. 2. That the driveway be used for the frontage for the three lots. 3. That house on Lot 2 be moved closer to the street with a driveway off the shared driveway. Matz seconds the motion. The Chair votes in favor. The motion carries (5- 0- 2)with Hutchinson and Mack abstaining. Public Hearing — Site Plan Review Application #121 -16 — Construct Two (2) Story Building Containing approximately 80,000 s.f. of gross floor area for Engineering, Fabrication, Distribution and Related Office Uses — 102 Cherry Hill Drive — Cherry Hill Development, LLC Flannery: Motion to recess for public hearing. Hutchinson seconds the motion. The motion carries 7 -0. Wynne reads legal notice. Atty. Miranda Gooding addresses the Board and explains that she is joined this evening by Steve Connolly the developer and general contractor for the project. She explains the premises proposed to be developed will serve as the new headquarters for HighRes Biosolutions currently located in Woburn, MA. She explains that they intend to relocate their headquarters to Beverly from its current office. Atty. Gooding explains that she is joined this evening in addition to Mr. Connolly by Lou Guarracina, Chief Executive Officer of HighRes Biosolutions, Eric Lane of Hayes Engineering, and the architect for the project. Atty. Gooding reviewed the location of the site and notes that the lot is located at the corner of Cherry Hill Drive and Sam Fonzo Drive. She explains that Mr. Connolly purchased the last two lots of the former Flatley property in 2013. She explains that the North Shore Academy High School is located on the other lot adjacent to the site. She reported that the site is not in the wetlands and the location of the building is sited outside of the buffer zone. She also notes that the City is an abutter to the site and Connolly Brothers is the other abutter. Page 7 of 15 Beverly Planning Board April 27, 2016 Atty. Gooding explains the proximity of the site to the Beverly Airport and notes that a good portion of the rear of the site is within the approach zone of the airport and is therefore not buildable. Atty. Gooding explains that they are proposing a two story building for office and industrial use for a single tenant. She notes that they are proposing site improvements and 260 parking spaces and the proposed project complies with all zoning requirements. Atty. Gooding reports that they have been through the review process with the Federal and State Aviation Authorities including the FAA and the permits were issued this week. Atty. Gooding reports that they met with the City of Beverly Project Review Team, the Design Review Board and the Parking and Traffic Commission. She notes that the Parking and Traffic Commission recommended four conditions of approval. She also notes that the City Engineer has made a number of comments and there are six outstanding comments that they received today and Hayes Engineering will be addressing them. Thomson asks if the plans that the Board received include the recommendations of the City Engineer.Atty. Gooding explains that there were two letters from the City Engineer and they addressed the comments in the first letter and notes that they received the second letter today and have not had a chance to address those comments yet. She further notes that they feel that the comments received today are minor adjustments that they will be able to address. Atty. Gooding reports that the comments from the Beverly Conservation Commission indicate that there is an outstanding Order of Conditions for the site for mitigation work that was done on the site and they requested that they apply for a Certificate of Compliance. Steve Connolly of Connolly Brothers Construction addresses the Board and explains the history of the site and his ownership of the site.He reported that he has set up a meeting with City Engineer Greg St. Louis and Hayes Engineering for early next week to address the comments from St. Louis. Lou Guarracina, Chief Executive Officer of HighRes BioSolutions addresses the Board and explains that they are now located in Woburn, MA and occupy 40,000 s.f. He notes that they will have about twice as much space in this new location. He explains that they manufacture robotic systems for drug manufacturers and most of the major pharmaceutical companies are their clients.He explains that they are a growing company and notes that eventually they will be expanding to another site as well. Matz asks how many employees they have and how many new employees they intend to hire. Guarracina explains that they have 100 employees now and they intend to add about 160 new positions.He notes that they will be engineers and chemists and will be good higher paying positions.He explains that they have recently hired 25 -30 people and are talking about adding another 50 positions. Page 8 of 15 Beverly Planning Board April 27, 2016 Hutchinson asks if there are any opportunities to expand this new building if they feel they need more space. Guarracina explains that they do not think so and notes that at some point they could outgrow the space at which time they would be looking for additional opportunities to expand. The architect from Connolly Brothers addresses the Board and explains the plans. He explains that the first floor of the building will be for industrial use and the second floor will be administrative office space.He reviews the layout of the building and the proposed materials they will use for the facade of the building.He also reviewed the parking area and notes that some of the spaces will not be used at first and they plan on placing planters, etc. in areas to discourage the use of spaces in the area and notes that if they need to use the spaces in the future they will have that capability. Flannery asks what the hours of operation will be for the business. Guarracina reports that they have one shift and explains that some work 7 -3 and others work 9 -5.He notes that there is no second shift. Miller asks if they have considered using solar panels on the site. Connolly explains that they have not looked at it and notes that he thinks that it might be a problem for the FAA noting the location of the site to Beverly Airport. Thomson agrees and notes that the glare from the solar panels would probably prevent them from being allowed. Connolly notes that the FAA paid careful attention to the lighting plan for the site and were very particular about the location of the lights and the kind of lights that could be used. Eric Lane of Hayes Engineering addresses the Board and reviewed the utility access noting that the utilities will be brought in from Cherry Hill Drive. He reviews the location of the loading dock and the drainage for the site. He explains that the runoff will drain to the rear of the site to the City property and out to Cherry Hill Drive. He states that they did their best to match the runoff rates and there is no increase in runoff on most of the site, noting that there might be a slight increase at the rear of the property. Wynne notes that there are 12 parking spaces shown on the plan that are a different color and asks if they are reserved. Lane explains that the area will have turf stone pavers. Thomson questions the configuration of the driveway. Connelly explains that there is a connection to the high school driveway in that area. Thomson asks if the drainage on the site is going to be runoff Lane explains that it is runoff noting that the soil on the site is not conducive for an infiltration system.He states that if possible they may infiltrate the rear of the site.Thomson asks if there will be a significant increase in the runoff at the rear of the site.Lane states that he is not sure what the increase will be and notes that he can get that information to the Board. Miller asks if the proposed parking is intended to provide one space per employee.Atty. Gooding explains that their parking calculations are based on the zoning requirement of 1 space per 250 s.f of industrial space and 2.5 spaces per 1,000 s.f of office space. She noted that they held discussions with the City and the Parking and Traffic Commission regarding the amount of Page 9 of 15 Beverly Planning Board April 27, 2016 parking proposed and it was the wish of the tenant to provide the full 260 spaces on the site to accommodate future parking needs on the site. Connelly explains that parking will vary depending on staff vacations, sick leave etc. He also notes that there are very few occasions where customers would come to the facility off the street and therefore they feel that the proposed parking is adequate. Matz notes that the Parking and Traffic Commission made some comments in their letter of recommendation. C. Barrett notes that the copy of the letter from the Parking and Traffic Commission that she has is not signed by the Chairman. Wynne states that she has a signed copy of the letter and notes that the one printed for the Board may have been printed off the computer. Matz asks if there were any concerns mentioned during discussions as to the addition of 260 cars on Cherry Hill Drive and Sam Fonzo Drive. Atty. Gooding explains that they had discussions with the Parking and Traffic Commission about the suitability of the site and notes that Cherry Hill Drive was designed in anticipation of full build out of the site for industrial use. She notes that the Parking and Traffic Commission discussed this fully. Connolly reported that the traffic sometimes backs up on ConantStreet as a result of the timing of the lights at Route 97 which at times is not timed right. He notes that sometimes you can get through there fine and other times it is slow. He also notes that the traffic backs up of off Route 128 but there is nothing that they can do about that. Thomson opens the hearing up for public comment at this time. There is no public comment. Wynne notes that the comment letter from the Beverly Airport Commission requested conditions for an Avigation Easement that is required for the project and that the project will not interfere with navigable airspace and shall continue to coordinate with the FAA and the Beverly Regional Airport Tower Control. Connolly reports that the avigation easement is already in place and also notes that during past projects they coordinated very well with the Airport Tower and the Superintendent for the project accommodating flights etc. with them. There being no further questions or comments regarding this matter, Thomson calls for a motion to close the public hearing. Mack: Motion to close the public hearing. Flannery seconds the motion. The Chair votes in favor.The motion carries (7 -0). Mack: Motion to approve the Site Plan Review for 102 Cherry Hill Drive, Cherry Hill Development Inc. with all of the conditions recommended by the various city departments and Boards and Commissions. Flannery seconds the motion. The motion carries (7 -0). Thomson states that he thinks that this project is great for the City of Beverly. Page 10 of 15 Beverly Planning Board April 27, 2016 Preliminary Subdivision Plan — 133 Brimbal Avenue — Creation of Private Way_ / Cul -De- Sac — 133 Brimbal, LLC Robert Griffin of Griffin Engineering addresses the Board and explains the location of the 2.7 acre property located at 133 Brimbal Avenue. He explains that they are proposing the plan to freeze the existing zoning on the site noting that there are some changes to the current zoning pending before the City Council. He explains that they anticipate coming back with a subdivision plan. Griffin explains that the proposed project is for a new private cul -de -sac on the existing property in the IR Zoning Overlay District, designed to meet the minor subdivision standards. He explains that the current use of the property is for administrative offices for Beverly Hospital and other medical related uses and states that they do not anticipate a change in the use of the building at this time. Griffin explains the proposed layout for the project and notes that a crosswalk will be installed and the existing driveway will continue to be the access for the site. He notes that the lines will be well established and will provide access around the parking lot. He estimates that they will lose about 5 parking spaces as the result of this change; however, they may gain parking with additional parking elsewhere on the site when developed. Griffin states that the purpose of the preliminary subdivision filing is to receive feedback from the Planning Board and states that is why they are here this evening. Thomson explains that the intent of this is to freeze the existing zoning for the site. Wynne explains the process and notes that the City Council is scheduled to vote on the proposed zoning change at their meeting next Monday. She further explains that the Board can approve this with conditions or deny it with definable reasons. Matz asks if the cul -de -sac is actually going to be built on the site. Griffin states that there are no construction plans at this time. He recalled a similar situation in which the Cummings Center filed a preliminary plan to maintain their entrance on Elliott Street as a separate private way and states that this request is similar to that. He notes that they are not proposing any changes in the parking area other than to add the improvements. Wynne reports that the applicant has to come in with a Definitive Plan within 7 months if this is approved and the zoning would be grandfathered for 8 years. C. Barrett asked for confirmation that this parcel is in the IR zoning district that has an amendment pending before the City Council. Wynne agrees and states that the Council's Legal Affairs Committee has recommended a vote on the matter and it is scheduled for next Monday. C. Barrett asks if they are proposing any changes to the building on the site. Griffin explains that they are not proposing any changes to the building noting that it could be modified in the future which would require a review by the Planning Board Page 11 of 15 Beverly Planning Board April 27, 2016 C. Barrett asks if the existing tenants will be remaining on the site. Griffin states that they are not anticipating any new tenants at this time. C. Barrett referred to the next matter on the Planning Board agenda this evening which is proposing a private way / cul -de -sac and notes that it appears when looking at the plans that the two cul -de -sacs are close together and appear to be kissing. She states that she would have concerns if both of these are built; but, if this is just a paper exercise that eases her concerns. Thomson states that the reality is palpable noting that it is all paved right now and cars drive over it noting there is very little green space. He notes that it will still be one giant parking area. Mack clarifies that they have to submit a subdivision plan in order to freeze the zoning. Griffin agrees and states that they will be filing a subdivision plan. Thomson notes that this proposal is a waiver -less plan allowed by right. Griffin notes that they have asked for a waiver of the plan development requirements.He also notes that they may ask for additional waivers during the process. Miller asks if there are any conditions that the Planning Board would like to consider regarding this. Wynne states that there are none that she would recommend at this point. Mack states that he does not think that the Board should get hung up on the rights of the owner to freeze the zoning. He notes that in order to enact those rights, they are required to file a definitive subdivision plan for this site. Thomson agrees and suggests that the Board act on the application before them. Mack: Motion to approve the Preliminary Subdivision plan for 133 Brimbal Avenue — 133 Brimbal Avenue, LLC. Miller seconds the motion.The motion carries (7 -0). Preliminary Subdivision Plan — 143 Brimbal Avenue — Creation of Private Way/ cul -de -sac — Vittori -Rocci Post #56 Atty. Thomas Alexander with offices at 1 School Street addresses the Board and explains the history of the Vittori -Rocci Post #56. He explains the location on Brimbal Avenue and states that they are filing the preliminary subdivision plan to freeze the existing zoning. He notes that it is unlikely that the project will ever get built; however, his client wishes to preserve their current rights for zoning. Atty. Alexander states that he is joined this evening by Tom Roccio, the President of the VRP, and Peter Mirandi. He introduced Vernon LeBlanc to review the proposed plans with the Board. LeBlanc addresses the Board and explains that they have reviewed their plan and have decided to flip the entrance for the proposed cul -de -sac noting that the traffic will be going in the same direction as the abutting property. Page 12 of 15 Beverly Planning Board April 27, 2016 Wynne questions if the edge of the roadway would be the lot line. LeBlanc explains the lot and notes that the existing area is paved and a grass area. He also notes that the fence runs along Route 128 at the property line. Miller notes that the lot slopes down. LeBlanc explains that the contour starts at 100 and explains the grade of the site.He also notes the location of the catch basins and the direction of the pitch to the catch basins. C. Barrett states that the Fire Department comment letter states that they have no issues with the proposal and notes that the area is narrow. Wynne explains that the turnaround is wide enough for a fire truck to access the site. She also notes that they have to be able to get close enough to get to the building with the ladder and they are able to do that on the site. Wynne asks that the applicant submit a copy of the revised plans to the Planning Department. Thomson opens the hearing up for public comment at this time. There are no comments. There being no further questions or comments regarding this matter, Thomson calls for a motion from the Board. Mack: Motion to approve the preliminary subdivision plan for 143 Brimbal Avenue — Vittori -Rocci Post #56. Hutchinson seconds the motion. The Chair votes in favor. The motion carries (7 -0). Set Public Hearing Date: Special Permit Application #149 -16, Site Plan Review Application #122 -16 and Inclusionary Housing Application #09 -16 — 480 -482 Rantoul Street Wynne reports that the Board has received an application for a Special Permit, Site Plan Review and Inclusionary Housing Permit for 480 -482 Rantoul Street for the construction of a 5- story, mixed use building with 90 units of residential housing and retail /commercial space on the ground floor and related parking and utility and landscaping improvements. She notes that the Board needs to set a date for the public hearing on the proposal. Mack: Motion to set the Public Hearing for Special Permit, Site Plan Review and Inclusionary Housing Applications for 480 -482 Rantoul Street for the Board's regular meeting of May 17, 2016. Flannery seconds the motion. The motion carries (7 -0). Set Public Hearing Date: Special Permit Application #150 -16 and Site Plan Review Application #123 -16 — 2 Hardy Street — Hardy Street Realty, Wynne reports that the Board has received an application for a Special Permit and Site Plan Review for the construction of a 3- story, 6 two - bedroom unit multi - family dwelling with on -site parking for 6 cars at 2 Hardy Street. She notes that the Board needs to set a date for the public hearing on the proposal. Page 13 of 15 Beverly Planning Board April 27, 2016 Mack: Motion to set the Public Hearing for the Special Permit and Site Plan Review Applications for 2 Hardy Street for the Board's regular meeting of May 17, 2017. Hutchinson seconds the motion. The motion carries (7 -0). Subdivision ADUroval Not Required Plan — City of Beverlv 27X Green Street City Planner Aaron Clausen addresses the Board and explains the ANR Plan for 27X Green Street. He explains the location of the site off Elliott Street (Green Street is a small side street off Elliott Street that runs behind Dick and June's Ice Cream stand). Clausen explains that the City owns Greens Hill which is located near the Ayers Elementary School in Ryal Side. He explains that the City owns parcel 27X which was taken for tax title a year ago and notes that the parcel is key to providing pedestrian access to the City's open space property and to Elliott Street, from Bridge Street. He notes that they are seeking the ANR to set the boundaries for the site and to file it with the Essex Registry of Deeds. Wynne explains that City Engineer Greg St. Louis found that the line for the property was incorrect on a prior survey. Clausen explains that the City ended up with a little more land than they thought they had and that will give them the opportunity for a potential land swap with a neighbor for the access. Hutchinson clarifies if the purpose of this is to create a path from Green Street to the Ayers Elementary School. Clausen explains that there is presently a narrow strip of land that is not really a pathway and the City has not encouraged public access to the school from this area but would now have the capability to make the connection. Thomson notes that the plan should say that this is not a buildable lot. Clausen states that he will correct that on the plan. Mack: Motion to approve the ANR Plan for 27X Green Street as submitted subject to the inclusion of language indicating that it is not a buildable lot. Miller seconds the motion. The Chair votes in favor. The motion carries (7 -0). Final Open Space and Recreation Plan Wynne explains that the draft Open Space and Recreation Plan has been under review and has been updated to include comments received by the State. She reports that a summary has been provided to the Board and the full plan can be found on online on the Open Space and Recreation Committee webpage. Wynne explains that the submission of the draft plan will give the City the ability to apply for grants and get preliminary approval; however, the money will not be released until the plan is approved. Wynne explains that a letter of support from the Board is requested to be submitted with the plan and suggests that the Board may want to take time to review the entire plan and vote on the endorsement of the plan at its next meeting. Page 14 of 15 Beverly Planning Board April 27, 2016 Mack: Motion to table the endorsement of the Open Space and Recreation Plan to the next meeting. Flannery 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 Hutchinson to adjourn the meeting, seconded by Flannery. The motion carried (7 -0). The meeting was adjourned at 10:00 p.m. Page 15 of 15