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03-21-2017 BPB MinutesBeverly Planning Board Minutes March 21, 2017 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: March 21, 2017 Location: Beverly City Hall, City Council Chambers Members Present Chair John Thomson, Catherine Barrett, Ellen Flannery, David Mack, James Matz, Ned Barrett, Zane Craft Members Absent: Vice -Chair Ellen Hutchinson, Wayne Miller Others Present: Assistant Planning Director Darlene Wynne Recorder: Mary Alice Cookson John Thomson calls the meeting to order at 7:03 p.m. He welcomes members of the public in attendance and acknowledges Zane Craft, a new Board member. David Mack arrives. Approval of Minutes The Board discusses the Regular Meeting minutes of January 18 and February 15. James Matz has a few minor changes to submit. He also asks for confirmation that the wording in the January minutes regarding two motions made by Ellen Hutchinson is correct. The Board looks over this section and members present agree they are comfortable with the wording. The Board decides to vote on the minutes separately. Flannery: Motion to approve the January 18, 2017 Minutes with minor edits. Ned Barrett seconds the motion. The motion passes (5 -0 -1, C. Barrett abstaining due to absence). Flannery: Motion to approve the February 15, 2017 Minutes with minor edits. C. Barrett seconds the motion. The board votes and has insufficient votes to carry (4 -0 -3, Thomson, Matz, and Mack abstaining due to absence) Recess for Public Hearing Mack: Motion to recess for the public hearing. Flannery seconds the motion. The motion passes (7 -0). Public Hearing — Hillside Avenue Definitive Subdivision Plan — Create 20' wide 100' long access way off Hillside Avenue right of way to create accessible frontage for existing parcel for new single family dwelling — Goddzilla LLC /ASB Design Group and Gregory and Helga Senko Thomson explains the purpose of the hearing and asks Wynne to read the public notice. Beverly Planning Board Minutes March 21, 2017 Thomas Alexander, attorney for the applicants, points out that two members of the Board are absent. He asks if they will be brought up to speed on the meeting and eligible to vote on the matter. Wynne confirms that yes, they will. Alexander explains how Goddzilla LLC got its name. He notes that the land of Greg and Helga Senko has been in the family for more than 60 years, going back to 1963. He gives some history, saying the roadway was approved as a public way in 1982, but there is no intention of building it out through to Northern Avenue. He says the amount of pavement is 28 feet. The applicants wish to carve out the private way (a separate parcel) from its existing lot to create sufficient frontage on the new way to create a buildable lot. While Alexander notes it is a large lot for the neighborhood, he says there is a house directly across the street that has the same amount of frontage and was permitted by the City. Alexander introduces Goddzilla developer John Colantoni, who is present tonight and describes Colantoni's deep roots in Beverly and past history as an involved member of the community. He says Colantoni cares about the city and in his restorations and building of new properties, his attention to detail is well- noted. The proposed house, he says, is a nice design and will be about 2,500 square feet. He says there are other houses in the neighborhood that are approximately the same size. He passes out photos of the proposed house. Alexander says the applicants have made a number of changes to their plan based on input from the City. For example, they agreed to put in a sprinkler system to satisfy Fire Department requirements. In addition, they've met with many neighbors and agreed to a no -cut zone along the back and side of property to protect neighbors' views. In particular, there are 17 existing trees along the border of property marked to be preserved. Significant drainage improvements are also being made by the owner of the property. Twenty -one neighbors have signed letters in support of this project, with 15 letters coming from people who live on Hillside Ave., 3 from residents on Northern Ave., and 3 from Eastern Ave. Alexander notes again that another house in the area has the same amount of frontage, and says the difference is that this lot will be developed in such a way that there's no impact on drainage and in fact, will improve drainage on the street. The engineer, Thad Berry, principal at ASB Design group, LLC, details the design aspects. He points out the trees that will be preserved on the site. He says they have located every tree that is greater than 6 inches in diameter. They are trying to incorporate low- impact design storm water management and have come up with a plan for rain gardens that trap water coming off of the site. They are going to be collecting the driveway run -off into chambers. One of the best ways to handle drainage is to keep it un- concentrated, he says. He talks about slowing down and minimizing the run -off and keeping erosion minimal. He says that based on a review meeting, they eliminated extra pavement that wasn't needed. After Berry's overview of project, particularly about drainage, Thomson opens up the floor for Board comment. He calls upon Matz, whom he calls the drainage expert, for questions. Page 2 of 10 Beverly Planning Board Minutes March 21, 2017 Matz says he doesn't have specific questions, but notes he would be concerned about water run- off and flow and how it might impact the surrounding neighbors. Berry notes that the plan is to disperse the water so it won't flow into one area. He mentions that the City Engineer wants them to incorporate an operation and maintenance plan for the homeowner. He says they have done some tweaking for some of the layout of the utilities that go through the rain gardens. The City Engineer asked for a larger berm at the back of the property. Matz asks if the goal is to not add more run -off than is there under current conditions. He notes that a waiver is requested to decrease the dimensions of the driveway. He asks if the proposed storm water management system will offset additional contributions of run -off. Berry answers that they will be infiltrating into the soil the same amount of volume that is there now and says any overflow will not be going in to the abutters' properties. Thompson asks for verification that there will be no increase in the amount of run -off or in the flow of the run -off. Berry says that is being looked at by the City Engineer. N. Barrett asks if the rain gardens hold water on the surface. Berry says that they are designed to retain the water as it infiltrates into the soil. N. Barrett discusses how standing water there might contribute to the environment —for example, by increasing the mosquito population. Berry notes there will be a 3/4 -inch layer of crushed stone, where the water will go, but only for a short duration. N. Barrett asks if the Board will see a landscape design. He is told by Berry that they can provide that. Grass might be planted or else something from a suggested list of plants. N. Barrett notes there are no trees in the area to the front of the property and no physical barrier except for the driveway. There is a direct line of sight into the garage. Berry says there will be a 6 -foot grass strip to capture the run -off from the driveway. C. Barrett wants to confirm that the applicants live next -door at lot 175. She wants to know the comparison of the homes around there since this one is large. Colantoni shows the Board photos of nearby houses, including #40, #36 and #38. C. Barrett says her concern is about not creating a "McMansion." C. Barrett asks also if the road could be extended to connect through. Alexander says that with this house going in, there is no reason to do that. It is an existing public way that has not been built up. She asks if the City can decide to develop it later. Alexander answers that yes, they could, but he sees no reason why they would. Wynne confirms the City has expressed that they have no interest in extending the roadway. She notes when Hillside Ave. was upgraded recently, they didn't choose to do it. Colantoni notes that those 17 trees indicated on the map are not the only trees that will be preserved. He says he will try to keep other trees, as well. Page 3 of 10 Beverly Planning Board Minutes March 21, 2017 Thomson clarifies that nothing will be in the no -cut zone aside from the rain gardens. He asks about lighting. Alexander says there will be no sidewalks or streetlights. He says there could be a decorative light at the end of the driveway, but at this point there isn't anything planned. Flannery says she visited the site and noticed quite a lot of ledge. She asks about the soil there. Berry notes that there are some ledge areas on the site and they have done soil testing to confirm soils. He says when you do a low- impact design, you want to make sure that water can fall and get into the soil. Thomson asks him how he is planning to deal with the ledge. Berry replies that from their observations, the ledge is fractured. If they had to remove it, they might be able to hammer it and pop it out. Matz notes one of the biggest concerns tends to do with blasting. He asks what the bedrock type is. Berry answers granite and live boulders, some of it weathered and some fractured. Matz says if it needs to be hammered, that is a significant pounding and it could create a new fracture zone He says that depending on the rock type, if it is a hard granite, it will need to be blasted. Greg Senko, the applicant, lives at 36 Hillside Ave. He says that his next -door neighbor at 38 Hillside Ave. put in an in- ground pool and that this proposed project is nowhere near the work as that. Mack asks Alexander what the neighbors who wrote letters approving of the project were told about its impact on the neighborhood. Alexander responds that the house built across the street from this one had no impact on the area. He also noted the swimming pool that was put in had no impact. He said the developer would do everything possible to minimize impact and that drainage would actually improve. Traffic increase would only be by one or two cars. Mack asks that if it is stated that the drainage would be improved, does that mean that there isn't great drainage there now? Berry shows the current drainage pattern on a map and points out areas where they want to improve it. He points out a house located at the end of where the run- off currently drains and says those neighbors were not among those who indicated support. Colantoni says that once the house is built, with all the work that is done, he believes it will add value to the neighborhood. Obviously there will be noise and workers going up and down the street, he says, but that is why the City puts timelines on the hours of the work. Mack asks what type of guarantee or bond would you suggest for the owner to maintain the drainage system? Alexander says they would be prepared to have a bond to the City for an appropriate amount. He suggests $5,000. Wynne says the OSRD bonds have varied and aren't meaningful when they get below $3,000. She notes it should be appropriate for the site. She suggests that should the Planning Board decide to approve the project tonight, they could establish a bond prior to endorsement of the plan, after the 20 -day appeal period. Page 4 of 10 Beverly Planning Board Minutes March 21, 2017 Thomson mentions an easement on one side of the property. The developer tells him that access won't be needed there after the grading is done; it is only for construction purposes. Thomson then opens up the floor to members of the public, asking first for those in favor of the project who wish to speak. The applicant Senko, 36 Hillside Ave., asks the Board to grant the subdivision so they can proceed. Mike Slaven, 620 Cabot St., says he's known the developer since fifth grade and that he always finishes everything he starts. He says that Colantoni finished an entire rehab in four months. He doesn't drag out a project. Evelyn Theriault, 35 Hillside Ave., who lives directly across the street, says she doesn't see any major impact and she would be one impacted the most. The only thing she is wondering about is how much more traffic will be coming and going. She notes it's a tight squeeze for turning around because the road is a dead end. Thomson says that the driveway is actually a street and that it does allow for turning around. He invites Wynne to share the letters the Board received regarding the project. She summarizes the comment letters: * The Board of Health letter included its standard comments and conditions. * The City Engineer made recommendations on tweaks to the storm water management system and noted these were all acceptable to the applicant. (These tweaks are not currently shown on the plan.) He also referenced standard permits required. * The Conservation Commission did not submit a letter. * The Fire Department did submit a letter stating the house would require a sprinkler system. She reports at a project review team meeting, the Fire Department staff didn't have concern with the turn - around. They said a firetruck would more likely back out rather than turn around but could use the driveway also if needed. * The Police Department had no issues. Colantoni says he has a copy of the firetruck turnaround review if the Board wanted to see it. Thomson says it's not necessary. Bonnie Michalowski, 37 Hillside Ave., says she has a tiny cottage and is concerned about the driveway and giant house that will be jammed into that section. She can't see a firetruck turning around there because a delivery truck can barely turn around there. She is concerned with parking and safety. She says she is told that the project will raise property values, but she doesn't like that her property taxes keep going up. She is frightened of blasting. She doesn't think the pool project (mentioned before) had the same type of ledge to deal with as this project. She has lived there almost 20 years. Page 5 of 10 Beverly Planning Board Minutes March 21, 2017 Tom O'Brien, 44 Eastern Ave, a direct abutter behind the property presents what he calls "a different map." He says it looks similar, but it is a petition of 27 homes with 27 signatures, all direct abutters. Some of the concerns on the petition include: run -off of water, displaced wildlife, fire protection, repercussions of possible ledge blasting. He says all of them have great concerns and are against the project. His own house is 990 square feet and he says he will need to put up a privacy fence. He says one of the things he was told is that it would be a good idea to support this project because if not, the road could be built out. As far as the frontage they are creating with the mini street —he'd like to know where the directive is for the mini street (driveway) to be plowed. There is no guarantee that anyone would be doing it, he says. He says that most of the people living there get water in their basements and wonders how they'll be further impacted. He says it's tough to support a project when all he's heard are words like "guess" and "believe" and "hope"—conjecture regarding the water and blasting. Terry Frechette, 18 Northern Ave., says he wants to go back to some things Alexander said. In 1972 nothing was there, he notes. His house was built in 1975. They were told that abutters approved of a no -cut zone, but the plan he has shows no trees on it. People were told that all the abutters approved of the project, but that is not true. He is a firefighter in Salem and says there is no room for turn - around of a firetruck. He says his major concern is storm water run -off and all that water flowing right down that ledge. He passes out a photo showing two tons of stone needed to stop water on the four -foot hill. He notes he has two pumps that run non -stop when it rains. He says any additional water and he'll be flooded out. Even if the proposed drainage system works, the water will go to Hillside Ave. Years ago there was wall at the end of it (which got pushed away by the City and was not replaced). He says he and his wife bought the house 19 years ago because of the privacy and spent money to put an addition on the house. As far as the no -cut zone, he says, all those trees are ready to fall. When they do, all that water is going to flow. He is also concerned about where they will push the snow. Charlene Smith, 17 Northern Ave., says she doesn't have the advantage of having an attorney "guide us in standing up for our homes." Her goal is to protect her house. She gets water in her basement and believes she will get more water. She has been in the real estate industry for 15 years. She wants to know what her recourse is from having a "monstrosity" she is going to be looking at and says that having a swimming pool in her basement isn't going to increase her property value. She says she never saw a home built in 3 to 6 months and that it will take longer, especially with the ledge there. She says she's pleading that the water situation be looked at much more carefully. Rick Marciano, 141 McKay St., asks if there is a picture that shows where the water runs, a map showing the contour lines. The answer is yes, the applicant's submission shows the contour lines. Beverly Nelson, 22 Northern Ave., says she is directly abutting on south side of the property. Her home is 103 years old. She and her husband have been there for 30 years. Her concern is that the ledge is huge. She shows a photo of her back yard and the ledge (highlighted in yellow on pictures) going into their property. She says it is in her neighbor's basement, as well. She can see three mounds of ledge from her house. The problem is that it is all the same ledge, she says, so when you disrupt it, it will cause problems for everyone. Sump pumps barely take care of the issue and when it rains, the paper road is like a river. They have had to call the City on occasion Page 6 of 10 Beverly Planning Board Minutes March 21, 2017 because it has brought so much debris that they needed someone to come clean the street. She is afraid she will no longer see any sky since the house will sit up high and block her light, putting her house in shade and resulting in higher utilities and difficulty with plantings (vegetables and such). She says she doesn't believe the value of her home will increase. Rather, it will lose its charm. David Arsenault, 14 Northern Ave., says his house was built in 1908 and in his basement is 10 by 10 feet of ledge sticking up. He has water and pumps going. His walls are horsehair plaster. If blasting is done, he fears that his walls and ceilings will crack. Mike Herman, 43 Eastern Ave., says he's looked at plans and that when digging down, they are going to hit ledge. He has a fieldstone foundation. That's how these houses were built, he says, and they aren't meant to be subjected to that type of force. He doesn't believe the water mitigating system is sufficient because they take lot of maintenance, which he doesn't see being enforced. Ellen Lyons, 26 Northern Ave., says she has a huge piece of ledge under her kitchen. Her property is extremely wet. She is not in favor of being at the bottom of this hill and having this extra water coming downhill into her property. Margaret Mulligan, 46 Eastern Ave., also an abutter with water issues, says she'd like to keep an open mind but has deep concerns as a parent about mosquitoes. She says she appreciates the people on the panel who ask the questions she isn't knowledgeable to ask. As a homeowner, she asks if someone can verify the state of her home today and then quantify how it's changed after blasting. Thomson asks Alexander if he can address the blasting issue. Alexander says there would have to be a pre -blast survey done and that all of the homes in the area would have to be inspected pre - blast. They make sure that things don't happen that are a problem and make sure there is insurance to cover it. He notes there's a lot of blasting done in Beverly. Mack asks if there are certain situations where blasting can be denied or it is just a matter of getting insurance. Alexander says blasting can be denied if there is a public safety issue. The person doing blasting needs to get a permit. Mack asks if there are other reasons why blasting could be denied, for example, a reasonable belief that someone's property would be affected. He wonders if there is a documented record of times when based on pre -blast surveys, it is determined that a home would not be able to withstand the blast. Alexander says that Beverly is all granite and there is blasting going on all the time in dense neighborhoods without incident. Page 7 of 10 Beverly Planning Board Minutes March 21, 2017 Thomson says if the Board decides to keep the hearing open, it could invite someone from the Department of Public Safety to speak about that. He notes that the City Engineer has said that they cannot increase the amount of run -off or the rate of run -off. He says that he doesn't know if that satisfied the public, but it is their regulation, and since his long time on the Board, he hasn't seen any incident in which the design characteristics fail. Colantoni says he acknowledges that the neighbors are voicing real concerns. He notes that Berry has been an engineer for 35 years. Berry says one of the things he is trying to emphasize is that the systems they are putting there are very extensive for a single family lot. The systems are large and they have a low- impact design to minimize impact. He says he and Colantoni have to conform to anything that the City has requested. Colantoni says he was surprised to hear "who cares about the no -cut zone" because they did that purposely to appease the neighbors. Now he says he is hearing that they think all the trees are going to be gone and so he says they might want to plant more trees. He says that all of the feedback he's heard is excellent, for example, the idea of not continuing the street, which came from the neighbors. The Senkos aren't going anywhere, he says, and they have a right to build. While he says he wants to make it work for the neighborhood, the Senkos have rights, too. Thomson says that he should be addressing his comments to the Board not the neighbors. Colantoni apologizes and continues that what he has been told by the neighbors is that when the Fire Department comes to the neighborhood, they have to back down the entire street and they have no problem with it. Also, the Fire Department would fight a fire on this property from the existing roadway. Thomson asks the Board for a decision about whether to close the public hearing. He says that personally he would like to hear from the City Engineer to confirm that everything that was asked for has been done. Mack: Motion to continue the public hearing until the next meeting April 26, 2017. C. Barrett seconds the motion. The motion passes (7 -0). Thomson reminds the Board that he will not be at the April meeting because he will be traveling. He reiterates that they are not closing the public hearing tonight and that their main purpose is to get confirmation from the City Engineer that the specifications are carried out in the plans. Mack: Motion to reconvene the meeting. Flannery seconds the motion. The motion passes (7 -0). nest for Minor Modifications to Site Plan Review #119 -16 and Special Permit #148 -16 — 55 Cherry Hill Drive — Krohne, Inc. Page 8 of 10 Beverly Planning Board Minutes March 21, 2017 Wynne reminds everyone that the Board needs two actions: 1) to vote whether the modifications are minor and 2) to vote whether to approve them. Attorney Alexander is representing Krohne, Inc. They are looking to increase the building size by three feet and to accommodate that, they need to widen the driveway by two feet and add some additional pavement. The change in square footage is +3.5 percent and the pavement would be reduced by 429 square feet. He adds it will be their hope that this is the final time to appear before the Board. He mentions this is a family business and there is a family member in Germany who is an architect to explain the attached plan. Wynne confirms that the new Board member, Craft, can vote on this. Mack: Motion to deem that all the modifications are minor in nature. Matz seconds the motion. The motion passes (7 -0). Mack: Motion to approve all of the proposed modifications. Matz seconds the motion. The motion passes (7 -0). Set Public Hearing Date — 16 Woodbury Street Definitive Subdivision Plan — Create 24' wide 216' long right-of-way provide access to new building lot — Woodbury Street 2011 Realty Trust Mack: Motion to set the public hearing date for April 26, the date of the next Planning Board meeting. Flannery seconds the motion. The motion passes (7 -0) Set Public Hearing Date — Site Plan Review Application #127 -17 and Special Permit Application #153 -17 -105 Sam Fonzo Drive — Construct two self - storage buildings, one general commercial/light industrial building, and request for third curb cut - Beverly Airport Self Storage, LLC, c/o Miranda Gooding, Glovsky & Glovsky, , LLC Mack: Motion to set the public hearing date for April 26. Flannery seconds the motion. The motion carries (7 -0). Bass River Estates Definitive Subdivision (a.k.a. Folger Avenue Extension) — Request for Extension of Construction Completion Date (March 30, 2017) — Joseph J. Phelan HI, Bass River LLC Wynne explains that the applicant is still working toward completion of the subdivision, but is finding it difficult to get an appraisal for the way. They did plant the required trees since the last request for an extension. Page 9 of 10 Beverly Planning Board Minutes March 21, 2017 C. Barrett says she's been on the Board for three years and asks if there is an indefinite amount of time for extensions since in her time on the Board they keep happening. Wynne says there is no limit and the important thing is that the applicant shows progress. She gives background on the project, explaining that the owners of the land in question didn't want the hassles of probate and therefore the applicant, with the City Solicitor, determined that the best way forward would be for the City to take the short portion of roadway between the existing way and the new way by eminent domain. Mack: Motion to approve the extension request and extend the completion date to September 30, 2017. C. Barrett seconds the motion. The motion passes unanimously (7 -0). New or Other Business C. Barrett reminds the Board about the training set for Monday evening at 5:OOpm. She welcomes new member Zane Craft to the Board. Wynne says his appointment to the Board occurred last evening. Craft says he's looking forward to the opportunity to serve on the Board. Matz says he wants to recognize and pay homage to Renee Mary who perished in a house fire in her Beverly home and who was a city activist for many years. Matz also wanted to update the Board that the CPC (Community Preservation Committee) plan is in the final draft stage and ready for public review and comment. He asks if the Board wishes to 1) receive a copy for their input; 2) have a presentation made to them; or 3) receive a copy just for informational purposes. Mack said he prefers options 1 or 3. The document is open to the entire public for comment and is available on the City's webpage. Thomson suggests that Wynne forward the document to the Board by email and that they send comments back if they choose to do so. Adjournment Ned Barrett: Motion to adjourn the meeting at 9:05 p.m. C. Barrett seconds the motion. The motion carries (7 -0). Page 10 of 10