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4 4 16 Planning Bd MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Date: Location: Members Present: Members Absent: Others Present: Recorder: Special Meeting of the Planning Board Monday, April 4, 2016 Beverly City Hall, Conference Room "B" John Thomson, Ellen Hutchinson, Ellen Flannery, David Mack, Catherine Barrett, Ned Barrett, James Matz, Wayne Miller, Michael Rotondo None Planning Director Aaron Clausen Aaron Clausen Thomson calls the special meeting of the Planning Board to order at 7:30 p.m. Minor Modification to Site Plan Review Application #119 -16 and Special Permit Application #148 -16 — 55 CherEj Hill Drive — Krohne Inc. The applicant describes changes to the site plan since the Board's February 9, 2016 approval for which Krohne, Inc. is requesting the Board's approval of a minor modification of the approved plan. Cost engineering and furthering building design indicated they can construct a smaller addition for the operation of their facility. Therefore, they have reduced the size of the proposed addition from 42,000 sf to 32,354 sf (a 22% reduction). This change increases the length of the proposed new driveway entering the site and reduces the building coverage and total site (including parking) coverage, allowing for greater impervious surface than in the approved plan. The special permit granting parking relief will not change and the applicant will be closer to compliance with (though still exceeding) the City's parking requirements. The Board deliberated on the requested modification. There being no further questions or comments regarding the matter: Mack: Motion to find that the requested modification is a minor modification. N. Barrett seconds the motion. The chair votes in favor. The motion carries (9 -0). Mack: Motion to approve the minor modification to the Site Plan Review and Special Permit approval. Hutchinson seconds the motion, noting that all conditions in the February 22, 2016 decision letter remain valid. The chair votes in favor. The motion carries (9 -0). Flannery: Motion to adjourn meeting for Joint Public Hearing with City Council to reconvene after public hearing. Matz seconds. The motion carries (9 -0). [Break for Joint Public Hearing with City Council; those minutes follow the special meeting.] Page 1 of 7 Beverly Planning Board April 4, 2016 Board reconvenes and Thomson calls the special meeting of the Planning Board to order at 9:00 p.m. City Council Order #055A — Zoning Map Amendment to remove Map 55 Lots _I9 20 21 23 24 and Map 56 Lots 20 20A from the "IR Overlay" referred to in Article XXXVIII Chapter 19 Thomson noted that as a part of the zoning amendment process the Planning Board must provide the City Council with a recommendation relative to the request. It was confirmed that under the Zoning Act, Massachusetts General Law Chapter 40A, the Planning Board must provide a recommendation and report to the City Council within 21 days of the date the public hearing was held. The Planning Board discussed testimony made by the applicant as well as comments and questions raised during the public hearing conducted prior to the special meeting. After discussion, a majority of the Board made the following findings: 1. The IR Overlay District as it currently exists was originally contemplated and adopted consistent with objectives established within the City of Beverly Master Plan (2002) particularly with respect to encouraging commercial /retail development in proximity to Exit 18 to /from Route 128; and 2. Concerns relative to proposed zoning amendments that are submitted in response to a particular development, The Board notes that future development projects proposed within the IR Overlay District will need to seek a special permit by the Planning Board. The special permit process provides discretion to approve or deny proposed projects in relation to the special permit criteria which are considered on a case -by -case basis. A majority of the Board found that the special permit process provides the City with the opportunity to control and shape development within the IR Overlay District as it is currently designated. Mack: Motion to recommend to the City Council that Council order #55A not be adopted based on the findings described above. Flannery seconded the motion. The motion carries (7 -2, with C. Barrett and Matz opposed). Adjournment There being no further business to come before the Planning Board this evening, Thomson called for a motion to adjourn. Hutchinson: Motion to adjourn the meeting. Flannery seconded the motion. The Chair votes in favor. The motion carries (9 -0). The meeting was adjourned at 9 :30 p.m. Page 2 of 7 CITY OF BEVERLY PUBLIC MEETING MINUTES Planning Board: Joint Public Hearing of the Planning Board and the Beverly City Council Date: Monday, April 4, 2016 Location: Beverly City Hall, City Council Chambers Members Present: John Thomson, Ellen Hutchinson, Ellen Flannery, David Mack, Catherine Barrett, Ned Barrett, James Matz, Wayne Miller, Michael Rotondo Members Absent: None Councilors Present: Council President Paul Guanci, Vice President Scott Houseman, James Latter, David Lang, Don Martin, Jason Silva, Estelle Rand, Mathew St. Hilaire, John Frates Members Absent: None Others Present: City Planner Aaron Clausen, City Clerk Wesley Slate Recorder: The Joint Public Hearing meeting was recorded on BevCam TV and transcribed by Eileen Sacco Guanci calls the Joint Public Hearing to order at 8:00 p.m. and invites Planning Board Chairman John Thomson to join him at the podium. Thomson joins the Council on the Council podium. Recess for Public Hearings Latter moves to recess for public hearings at this time. Silva seconds the motion. The motion carried (9 -0). Thomson asks for a motion from the PIanning Board to recess for Public Hearings at this time. Hutchinson: Motion to recess for public hearings at this time. Flannery seconds the motion. The motion carries (9 -0). City CIerk Wesley Slate reads Council Order #55A: ORDERED: Public Hearing: City Council Order #55A -- Ordered that the Beverly City Council and the Beverly Planning Board hold a Joint Public Hearing on Monday, April 4, 2016 in the City Council Chamber, City Hall, 3rd floor, 191 Cabot Street, Beverly, MA relative to a proposed Amendment to the Zoning Map, removing Map 55 Lots 19,20,21,23, 24, and Map 56 Lots 20, 20A from the "IR Overlay" referred to in Article XXXVIII, Chapter 19. Page 3 of 7 Beverly Planning Board /Beverly City Council Joint Public Hearing April 4, 2016 Councilor Guanci recognizes Councilor Martin and asks him to explain the Council Order that he submitted. Councilor Martin addresses the Council and Planning Board and explains that in 2009 the IR Overlay District was established and he was the lone vote against the rezoning. He explains the changes from the IR District to the IR Overlay District and the uses that resulted from the change. He states that he believes that the 2009 rezoning was done to allow the CEA Group to move forward with their proposed development of land and a proposed Whole Foods and other mixed uses on the site. He states that this development would generate an additional 30,000 cars in an area that already has heavy traffic. He notes that as a Ward Councilor he had no ability to stop this development. He states that we cannot take the risk of further retail development in that area. Councilor Martin explains that in 2015 he submitted this Order to the City Council with Councilors St. Hilaire and Guanci and he was asked by Mayor Cahill to withdraw the order in order for the administration to look at the zoning further. He reported that he was informed that the Mayor would not be submitting any zoning changes for the area. He further explains that he refiled the Order along with several other Councilors. Councilor Silva addressed the City Council and the Planning Board and stated that he was under the impression that the administration was in favor of this change. City Planner Aaron Clausen addresses the Council and Planning Board and explains that over a series of meetings with the property owners and stakeholders involved it was determined that this change would prevent the owners from using their properties for the highest and best use. He also notes that the master plan of 2002 calls for a mixed use component in this area. He further notes that there were a lot of competing intents that overwhelmingly showed the need to maintain the zoning. Mayor Cahill addresses the City Council and Planning Board and explains that what seemed black and white became much grayer as the conversations were held with the property owners and led to his decision not to submit an amendment. He states with that being said if the City Council votes in favor of the zoning change he would sign it. Councilor Latter states that at a neighborhood meeting several small business owners in the Park Street area were concerned that this kind of zoning would affect their businesses. Clausen explains that this change will not affect Park Street at all noting that the IR Zoning Overlay is on Brimbal Avenue and the lots described in the suggested amendment are all along Brimbal Avenue. Mayor Cahill reported that they are working on a zoning amendment for the Bass River area and it will be consistent with the zoning on Park Street. Councilor Houseman stated that this proposed change does not remove the IR Overlay and explains that it changes only a portion of it. He notes that the neighborhood has seen an enormous amount of change and it has been difficult for the neighbors. Page 4 of 7 Beverly Planning Board /Beverly City Council Joint Public Hearing April 4, 2016 He notes that the Roller Palace has been sold and there is the potential for an affordable housing project further down the road and it makes sense to hit the pause button and suggests that the zoning remain as it is until we see the impacts of the addition of the Whole Foods when the project is done. He notes that we should wait and see if what the developer predicted in the planning stages of the project are true and see what the real impact on the neighbor is. Councillor St. Hilaire stated that he was opposed to the land swap with CEA Group and states that approving this zoning change is the right thing to do for the neighbors' quality of life and he plans to support this. Thomson asks if there are any questions from the members of the Planning Board at this time. Hutchinson questions if there is any concern that this zoning amendment will restrict the owners of the property from developing their property in accordance with the zoning that was in place at the time that they purchased their property. Councilor Martin states that he believes that the zoning was probably IR when they purchased their property. Mack states that certain uses are allowed by Special Permit of the Zoning Board and there are a few that are allowed by Special Permit of the Planning Board and questions if the change in the zoning map will eliminate all of the Special Permits by the Zoning Board and the Planning Board. Clausen reviews the uses that would be allowed. Councilor Martin states that his main focus is the retail uses. Guanci opens the public hearing up for public comment at this time. Ralph Cerundolo, owner of Cycles 128 addresses the Council and Planning Board and states that his parcels are 20 and 20A and are included in the zoning map change. He states that he understands the changes will not affect his business but questions if he sells the business if the use would continue to be allowed. Councilor Guanci explains that if he sells his business and they continue the existing use it will not be affected. The City Solicitor addresses the Council and Planning Board and clarifies that there are timing of rights issues with the use being vested. Mr. Cerundolo also notes that he previously owned lot 20B which is located behind his lots and he now has a 99 -year lease on that property. Clausen explains that lot 20B is not included in the zoning map change and there would be no changes. The owner of the Shell Gas Station on Brimbal Avenue addresses the Council and Planning Board and asks if he decides to add a small convenience store to his site if he would be able to do so. Clausen explains that he would need a variance and a special permit. St. Hilaire clarifies that the same uses would be allowed in the IR district that were allowed in 2009. Rich Marciano of 141 McKay Street addresses the Council and Planning Board and read excerpts from Planning Board minutes. He reviewed and notes several businesses in the area and notes that several of the properties are all built out. He states that he would like to see the site Page 5 of 7 Beverly Planning Board /Beverly City Council Joint Public Hearing April 4, 2016 remain an IR Overlay District. He states that he was concerned at the time that the IR Overlay was put in place that it was for the benefit of the CEA Group. Councilor Guanci asks if there are any other questions from the members of the Council or Planning Board. Councilor Rand states that she supports the change 100% because she is concerned about Brimbal Avenue turning into a Route IA. She further states that she does not think that the plan for Route 1 A turned out the way it was intended. Councilor Latter states that getting rid of the IR Overlay District is what Councilor Martin and his constituents want to alleviate the problems on Brimbal Avenue. Hutchinson states that there are protections in place via the Special Permit process that could hopefully prevent Brimbal Avenue from becoming a Route IA. She also notes that there is evidence that indicates that the Master Plan calls for mixed use developments in the area. She states that she is concerned about setting a precedent with this change if every time the City Council does not like the outcome of a Planning Board decision on a project they will just change the zoning. N. Barrett asks if any of the lots identified in the zoning map change are undeveloped. Clausen states that all of the lots are developed. Mack asks if there have been any changes to any of the properties in the IR Overlay District since the CEA Group project was approved. Clausen states that there was a project approved for the Sunoco Station on Brimbal Avenue to move the store further back on the site and to relocate the gas pumps. He estimated that the size of the convenience store increased by about 35 %. C. Barrett thanked Councilor Martin for bringing this matter up again and states that she agrees with Councilor Houseman that we should give this time to see if there is a dramatic change in the traffic volume and take the time to see if the traffic management plans approved are going to work. She also notes that there is a proposed Nursing Home on Sohier Road and possibly an affordable housing project as well and we need to take the time to see how the traffic works. She notes that 99% of people who are opposed to projects are concerned about traffic and keep in mind the quality of life of the neighbors. Matz thanked Ms. Hutchinson for her comments regarding this setting a precedent. He states that he was very torn about the CEA Group project but voted to grant the Special Permit. He also notes that this is a unique opportunity to cease further retail development. He states that as Planning Board members they have to take what is in the best interest of the city into consideration. N. Barrett questions if during the 2009 deliberations on this matter if the IR Overlay District designed with interplay between the MA DOT Project and if this change will have an impact on Phase II of the MA DOT project. Councilor Martin states that Phase I of the MA DOT project Page 6 of 7 Beverly Planning Board /Beverly City Council Joint Public Hearing April 4, 2016 was contingent on the CEA plaza being built. He estimates that Phase Il of the MA DOT project could be 10 years away. Thomson notes that the principal concern seems to be the retail use and asks if any consideration was given to amend the ordinance to only remove section A. He also notes that the statute allows for owners to freeze the zoning and asks Clausen if there are any proposals that he knows of where the owners have filed to freeze the zoning. Clausen explains that 133 Brimbal Avenue has filed a Preliminary Subdivision Plan for Map 55. Lot20 and explains that if approved, it would freeze the zoning for 6 -8 years. Councilor Silva addresses the Planning Board and states that with respect to the comments about being offended by the Council suggesting this change after approval of a project by the Board, he states that he has the utmost respect for the Planning Board and the work that they do. He notes that they put a lot of time and effort into reviewing the projects that come before them. He further notes that they are volunteers and he appreciates that. He further stated that he does not believe there is any feeling of animosity regarding past decisions and that they have worked well together in the past. Councilor Silva also states that he supported the submission of the Council Order because there have been a lot of changes to the neighborhood because of a major development. Councilor Guanci states that he values the work of the Planning Board as well and notes that there have only been two decisions that they have approved in all the years he has been on the Council that he has not agreed with. There being no further questions or comments regarding this matter, Guanci declares the public hearing closed. Mack: Motion to close the public hearing. Hutchinson seconds the motion. The Chair votes in favor. The motion carries (9 -0). Thomson notes that the Planning Board will convene next -door in the conference room for a special meeting to discuss and issue a recommendation on the amendments to the Zoning Maps. The Joint Public Hearing was adjourned at 8:53 p.m. Page 7 of 7