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06 20 2017 BPB MinutesBeverly Planning Board Meeting Minutes June 20, 20I7 This Document is Subject to Review and Approval by the Planning Board CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: June 20, 2017 Location: Beverly City Hall, City Council Chambers Members Present Chair John Thomson, Vice -Chair Ellen Hutchinson (participating remotely), Catherine Barrett, Ned Barrett, Zane Craft, Ellen Flannery, David Mack, James Matz, and Wayne Miller Members Absent: None Others Present: Assistant Planning Director Darlene Wynne Recorder: Samantha Johanson, Recording Secretary Chair John Thomson calls the meeting to order at 7 :05 p.m. Subdivision Approval Not Required Plan —1G & 18 Doane Avenue — Thomas & Linda Marletta (applicant) and John DeLorenzo Wynne explains that the applicant has submitted a Subdivision Approval Not Required (SANK) plan that creates a new 1,300 s unbuildable lot which will be combined with Lot 1 B. She says it represents the relocation of a lot line for the benefit of Lot 1 B and that both Lot 1 B and Lot 1 D will remain consistent in regards to area and setback dimensions. She notes that Lot 1B is a pre- existing non - conforming lot in regards to frontage, which was created by SANR plans endorsed by the Planning Board in 1974, and the adjacent Lot 1 D created in 1981. Mack asks for clarification on the plan. Wynne clarifies the lot line is moved to the left, with land added to lot on the right. Wynne explains they are proposing to construct an addition and are moving the line to gain setback area and that they have already been before the Conservation Commission. Mack asks how they access the site. Wynne explains that the lot has deeded access from an unfinished 20' wide right of way but actual access is by a driveway that crosses Lot 1 A and Lot 1 D. Mack confirms that the lot is already non - conforming and that if we are not increasing the non - conformity the Board is incumbent to endorse. Thomson indicates that, other than area and frontage, zoning is not in the Board's concern. He adds that the lots have sufficient area and the subject Iot never had the required frontage and any error that may have been made previously is not correctable at this time. He notes the Board would not have the authority to require the house be removed. He says all they are doing is moving land between two lots. Mack: Motion to endorse the plan as subdivision approval not required. Flannery seconds the motion. The motion passes (8 -0). Beverly Planning Board Meeting Minutes June 20, 2017 Approval of Minutes The Board discusses the minutes from the Joint Public Hearing and special meeting on May 1, 2017. Flannery: Motion to approve the meeting minutes from May 1, 2017. C. Barrett seconds the motion. The motion passes (5 -0 -3, Thomson, Mack, and Matz not having attended the meeting). The Board discusses the minutes from the regular meeting on May 16, 2017. Flannery and Matz note typographical and ministerial edits. Flannery: Motion to approve the meeting minutes from May 16, 2017, as amended by Matz and Flannery. C. Barrett seconds the motion. The motion passes (6 -0 -2, Craft not having attended the meeting and Miller having a poor phone connection). Public Hearing — Special Permit Application #157 -17 — 59 & 61 Park Street — Artist Live/Work Unit — Robert Shannon Wynne reads the legal notice. Thomson asks Wynne to review the letters that the Board has received. Wynne states they have received a letter from the Police Department, indicating no issues. A letter from the Board of Health, indicating a couple of comments and recommendations regarding residential code, if the building is being converted to partial residential use. The Engineering Department had no comments. The Fire Department commented on the sprinkler system requirements being modified and contacting the Fire Department to reclassify the usage. Thomson asks if that is in regard to both the fire alarm and sprinkler systems and Wynne confirms yes. Thomson adds that the fire alarm system needed to be added and the sprinkler systems modified. She notes that it is not in Conservation Commission jurisdiction. Wynne emailed a comment from the Building Inspector regarding parking. The letter noted that it is an existing, non - conforming use, and the prior use was non - conforming with regards to parking. Therefore the Building Inspector believes the existing number of spaces (four) is sufficient for the proposed use and does not increase the non - conformity. Thomson asks if the applicant is present and to come forward. The owner Robert Shannon, 60 Birch Road, Andover, MA, steps forward to speak. Shannon mentions they have a couple of vacancies in the building and that he has been advertising the space and a few artists have approached him about renting the space including some photographers, a textile woman, an architect, etc_ asking if they could convert the space to live /work. He explains there are 4 units in the space; on the first floor is Gentile Brewing Company, and Death Wish Productions is also in the building and he just had two companies move out. Shannon is trying to find the best usage of the building to rent it out. He has owned the building since 1996, and for the past six months he's had some difficulty renting the spaces. Beverly Planning Board Meeting Minutes June 20, 2017 Thomson asks if the reason they are discussing it is because he is currently renting it out for businesses but wants to use part of it as residential. Shannon explains the way it is currently set- up is that each floor /unit has its own bathrooms. He said as a contractor, he could renovate the bathrooms and add showers and kitchenettes and could build a loft style industrial living space. He is aware that there would be some code issues and fire code issues that would need to be addressed. Thomson asks him if he has specific people willing to rent such a space. Shannon tells him there is a letter in the file from a photographer ready to go and possibly an architect from Somerville who is interested, but no letter of intention from him. Wynne explains the reason why it is corning through to the Board is because it requires a special permit because there might be extenuating circumstances regarding the combination of uses, at the location and they thought any such application needed a little bit more discretion. Thomson asked Shannon if he reviewed the letters and he said he spoke with various departments throughout the City and he has discussed with his subcontractor a little bit about the fire issues regarding the sprinkler system and he's trying to determine the cost on that. He added that he needs to find out what is required by the Fire Department and what needs to be upgraded to see if it is financially feasible for him. Thomson asks the Board if they have any questions. Wayne Miller asks where the record company Death Wish is located. Shannon explains they used to have both the 2 nd and 3` floors but have consolidated onto just the 3rd floor now. He also mentions that Death Wish consolidated about the same time an architect moved out of the top floor. He said currently the top floor is the one they want to convert but depending on what they need to do to bring the building up to code, they may advertise the 2 floor as well. The Board also discussed whether or not there are a sufficient number of parking spaces and Shannon commented that during the weekend the spaces are not really used. He tells them that the photographer would only need 2 spaces, one for himself and one for when a client comes in, but they currently have 4 spaces per floor at this time. Ned Barrett asks if he is turning the top floor into 2 units. Shannon tells him the building is 30x100 and that each floor has its own unit. Barrett asks if there is a recording studio in there and Shannon explains Death Wish is currently just really marketing and production, selling t- shirts, etc. He then asks Shannon what Gentile's hours of operation are. Shannon tells him they are 4pm -1 Opm on Fridays, and then l2pm -6pm on Saturdays. Barrett asks if Death Wish does fulfillment and packaging at that location and Shannon confirms that they do. Wynne interjects the City considers them a production space but that they are not recording any music there. Thomson asks the Board if there are any other questions. He asks Shannon if he has seen the Staff Reports and that they raise a number of conditions that need to be discussed such as hours of operation, etc. Thomson then asks if there is anyone from the Public that wants to be beard on this matter. There are none. Beverly Planning Board Meeting Minutes June 20, 2017 Thomson doesn't believe there are any issues regarding hours of operation. With the parking zone defined they may consider a minimum or maximum and what they heard from the Zoning Administrator is that 4 parking spaces per unit is appropriate and that the Board should require that there be 4 parking spaces per unit and the tenants can decide to reallocate those among themselves. N. Barrett asks if for a one - bedroom studio, just one space would be required. Wynne confines yes, just one. N. Barrett asks why they would require him to have 4 spaces then. Thomson confirms that the tenant may change over time and N. Barrett thinks there should be some sort of flexibility in the decision. Thomson asks Wynne about the current requirements for home occupation. Wynne finds the requirements that say no more than one commercial vehicle parked on the premises at any time and shall provide off - street parking spaces on -site, 1 -space per each vehicle owned by the occupants to a maximum of 2 (one space for the employee of the home occupation and the other for a client) if the nature of the occupation warrants it and that in any case no more than 4 spaces. N. Barrett suggest a requirement that no less than 2 spaces be allocated. Thomson asks if Shannon would like to weigh -in on this issue. Shannon is fine with the requirement of having 2 spaces per floor. Thomson adds there is evidence of recorded deed restrictions for the two artists /work units and that if they do this they will have to put something in the deed to show that this only applies to those units for artist space. Wynne says they will be looking for a legal document and they will need to work out what that should look like since he will not be selling the unit so there would be no deed transfer, but that it could be a tenant agreement. Thomson then interjects and says that maybe that issue would only apply if there was a transfer in the ownership of the unit and that the special permit would cover the other two units otherwise. Thomson tells Shannon he should consult with the Planning Department regarding its Artists Marketing Plan, particularly if he is having difficulty advertising to fill the space. Mack asks if they are considering a special permit for just the two floors, and not the entire building. Thomson confirms that it is just for those two floors and not the whole building. Shannon says that at some point a current tenant may want to move their spaces so if the whole building could be covered by the special permit that would be preferable. Flannery: Motion to close the hearing. C. Barrett seconded. Motion passes (8 -0). Thomson opens the meeting to motions on the matter. N. Barrett: Motion to grant the special permit for an Artist Live/Work use at 59 Park Street, covering the entire building, including conditions set forth in letters from boards and staff, requiring there be a minimum of two parking spaces per unit, and in the event of a transfer of ownership that there will be a deed restriction as part of the transfer. C. Barrett seconds the motion. Motion passes 8 -0. 4 Beverly Planning Board Meeting Minutes June 20, 2017 Hutchinson joins the meeting remotely at 7.40pm. Thomson confirms that she can hear and be heard. Public Hearin — Special Permit APPHeation #155 -17 — 8 Chestnut Street — Recluest for Deviation from Off - Street Parkine Re uirements — Nadia DiCarlo M r. Bonum LLC Mack: Motion to open Public Hearing for this application. Flannery seconds. Motion passes (8 -0). Hutchinson joined the meeting by phone. Wynne reads the legal notice. A special permit application is being requested for deviation from the current requirement of 2 parking spaces per unit at 8 Chestnut Street from owner Nadia DiCarlo, Bonum, LLC in the RMD district. Thomas Alexander, offices at 1 School Street speaks for the applicant Nadia DiCarlo. He describes the characteristics of the neighborhood, noting it was designed for walking and is comprised of mostly multi - family houses. He states that the property has been used as a single family for many years and it was abused by at least 10 people who previously lived in this location. The applicant is looking to invest $150,000 in renovations of the home. He mentions that floor plans were submitted in the package and that originally the house was designed as a 2- family. He tells them the first floor is 1,227 square feet with two good sized bedrooms, living room, dining room, kitchen and bathroom. The second floor has 1,188 square feet with 3 -4 bedrooms (one could be a living room), dining room, kitchen, and bathroom. Alexander notes the lot doesn't meet the parking requirements needed for a 2- family and they are looking for a special permit that would allow fewer than 2 parking spaces per unit where 4 parking spaces are required. The two spaces could go side by side and you could fit a P one in behind another piggy back. Alexander also points out it is a walking neighborhood nearby the downtown area and not far from the train and bus stops. Alexander states that it meets all the legal requirements including the location. He believes property values will not be adversely affected and that it would improve property values with the investment to this property. He opines there will be no extra traffic in the area due to this renovation. He tells the Board that this property will be brought up to modern codes and will result in a greatly improved building. He adds that they have heard no objections from abutters and DiCarlo has gone door to door to speak with the neighbors and about 30 people have signed and supported it. He adds that appropriate City services will be provided including water and sewer, etc. Thomson asks if anyone from the Board has questions. C. Barrett asks Alexander if there are 6 bedrooms currently, how many people are living there now, and he tells her nobody at this time. She asks about the bedroom counts in the 2- family. He explains that it depends and that the plans provided show it as a 4- bedroom on the 2 nd floor, but one of those bedrooms would possibly be considered as a living room like the first floor in the same spot. She asks if you can currently park 3 vehicles off the street and he said you can park 2 cars side by side and 1 car piggy back behind one of them. Beverly Planning Board Meeting Minutes June 20, 2017 Miller asks Alexander if he thinks the parking spot to the right would have to be a compact and he agrees that is probably true. Miller asks him if there is an option to create additional parking. Alexander tells him that is a difficult thing to do especially in this neighborhood where they are trying to encourage more people to walk and use transit; he said it would be hard to make additional spaces and doesn't think it will be possible. Miller asks Wynne if this is in the TOD and she tells him that the City does not have a TOD District, but this site is not in the Depot Overlay District. She adds that TOD is typically understand as 0.5 -mile distance. Alexander confirms this site is 0.7 miles from the train stations but has a bus stop closer. They discuss the one side parking on the street as well as in the event of a snowstorm when all streets must be cleared. Mack asks Alexander if he is just asking for a deviation from the requirement of 4 spaces. Wynne suggests the Board might set a minimum of 2 parking spaces and Alexander agrees with that option. Thomson asks if anyone from the Public would like to speak. Edward Robinson lives at 14 Chestnut Street, Beverly, has lived there for about 63 years. He tells the Board he knew the previous family who owned the house and that they were told by the City that they couldn't turn it back into a 2- family. He asked them if the City had a hearing already regarding that matter. Alexander explains that 2- family is a use by -right in this zone. Robinson states that when the building was altered, the City said they could not turn it into a 2- family. Alexander states that as long as there are two accesses and two egresses it is allowed with regards to the Building Code in that district. Mack: Motion to close the public hearing. N. Barrett seconds. Motion passes (9 -0, Thomson, Hutchinson, C. Barrett, N. Barrett, Craft, Flannery, Mack, Matz, and Miller in favor). Mack: Motion to grant the special permit to deviate from the required parking spaces provided that there is a minimum of 2 parking spaces (one per unit) and that the request meets the special permit criteria listed in the bylaw, findings to which are incorporated herein. N. Barrett seconds. Miller asks if the deed will reflect that there is just 1 space per unit. Thomson says no that it will be in the special permit they need to record. Motion passes 8 -1 (Thomson, C. Barrett, N. Barrett, Craft, Flannery, Mack, Matz, and Miller in favor; Hutchinson opposed). Continued Public Hearin — Trask Lane Definitive Subdivision Plan -- Elimination of Planninp, Board 1981 Approved Roadways, Shortening of Proposed Trask Lane and Combine Lots — Folly Hill Associates Trust rel Beverly Planning Board Meeting Minutes June 20, 2017 Flannery; Motion to open the Public Hearing. Matz seconds. Motion passes (9 -0, Thomson, Hutchinson, C. Barrett, N. Barrett, Craft, Flannery, Mack, Matz, and Miller in favor). Thomson notes the applicant is not present and asks Wynne to bring the Board up to speed. She tells them the applicant's attorney submitted a request for continuance to the July 18 meeting, after the staff report was issued. She explains that City staff met with the applicant and the Engineer to review the comments and that the applicant's engineer, Peter Ogren, is preparing a letter to address the comments but it is not ready yet and hasn't been sent to the City Engineer. She notes that she's not expecting anything to change between now and then, but it is up to the Board. Thomson comments that his recollection is that we granted the continuance last time because there was a lot of information from the City Engineer that the applicant had not had a chance to review and the purpose of the extension was to give the applicant enough time to respond by this meeting. Wynne and Board members indicate agreement. Thomson notes the staff report has a number of conditions and that there may be other purposes served by the Subdivision Plan, such as to freeze the zoning, which will happen one way or another. He suggests the City's viewpoint is to get the clock running, as long as they don't do something in the conditions to prejudice the City. He says believes the conditions in the staff report are reasonable. Wynne interjects that both Mr. Miller and Mr. Craft certified they read the evidence from the last hearing. Thomson ask the Board if they have any questions about the conditions. Mack asks if they grant the request for continuance would that mean they have to consider this again on the 18 of July? Thomson tells him yes. Mack then asks if they deny the continuance that means they have to act tonight because he believes the decision deadline is tomorrow. Thomson confirms that is correct. Mack adds, that if we don't act the plan is effectively approved without any conditions. Thomson again confirms. Mack asks if there is any harm in waiting one more month. He notes he can't recall ever denying a request for a continuance. Thomson acknowledges it is a unique situation. C. Barrett asks if they anticipate any changes by the July 18 meeting. Wynne tells her she anticipates a response to the comments and that there may be a plan that reflects some of those comments. She notes the changes would be related to the geometry of the roadway. C. Barrett asks Miranda Gooding with Glovsky and Glovsky sitting in the chamber if she is there to speak on their behalf. She said she was not, but the Chair recognized her to step forward. She tells them that her firm represents the applicant in this matter and that her partner Mark Glovsky shared the request for an extension before she came, however she is present that evening requesting two other extensions regarding other matters. It is her understanding that the Engineer on this case is working on a detailed response to the City Engineer's office that is expected to be submitted by June 26 so they are asking for one additional month extension on this matter. She doesn't see any harm in waiting for the response. Beverly Planning Board Meeting Minutes June 20, 2017 Thomson tells Gooding that the conditions have been in the staff report and noted they had already extended the time and the courtesy to the Engineer to provide the Board with information and that no response was received until a day or so ago. C. Barrett asks for confirmation of the 8 year clock and that there is no rush. Thomson and Wynne confirm. Miller asks if they move it to the July meeting is there is room in the meeting because there is no August meeting. Wynne tells the Board they could meet in August if necessary. Thomson asks if there are any members of the public here to speak on the matter. Andrea Belanger, 12 Walcott Road, Beverly asks what the 8 -year clause is that they are referring to. Thomson tells her that under Massachusetts law there is a statute that allows an owner of land when there is a pending zoning change to file a series of plans and it is very carefully laid out when they have to file, what they have to consist of, and if the owner files the plans and even if the zoning is later changed the zoning in effect when they start a plan process governs for 8 years and that it is called a freeze. Thomson abstains from the discussion and leaves it to the Board to discuss. C. Barrett notes she is fine with the request for continuance and would rather have it done right than have to force anything to be done. Rick Marciano steps forward to ask if they decide on a continuance would that continue the hearing. Thomson confirms that it would. Thomson asks if there is any further discussion and then asks Mack if he would like to make a motion. Mack: Motion to accept the applicant's request to continue the public hearing to July 18, 2017 and to extend the time for the Board to act on the application until July 21, 2017. C. Barrett seconds. The motion passes (6 -1 -2, E. Hutchinson, C. Barrett, Craft, Flannery, Mack, and Miller in favor; N. Barrett opposed, Thomson and Matz abstaining). Continued Public Hearing — Special Permit Application #154 -17 — LP Henderson Road - Construct Airport Hangar in Water Supply Protection Overlay District —1010 Hangar, LLC, c/o Haves Engineering, Inc. C. Barrett: Motion to recess for Public Hearing. Miller Seconds. Motion passes (8 -0, Thomson, C. Barrett, N. Barrett, Craft, Flannery, Mack, Matz, and Miller in favor; Hutchinson did not vote). Wynne tells Thomson this a continuance and that they submitted a letter requesting that it be continued to the July W h meeting so they have time to review the comments of the Salem and Beverly Planning Board Meeting Minutes June 20, 2017 Beverly Water Supply Board which was sent on June 8, 2017 and they have a meeting scheduled on June 23" to discuss those comments. Thomson asks Wynne if those comments were given to the Board. She indicates they were included in the staff reports, noting they were from LEC and Meridian Engineers. Wynne noted that one of these items was to conduct additional wetland flagging, which could take some time if it is required. She reviews other comments. Thomson asks if there are questions from the Board. Matz notes that the applicant's Engineer raised questions regarding the overlay of the district ordinance. Wynne confirms that the Board left it that the applicant's Engineer would submit the questions to her and then at that time they would be submitted to the Planning Board and that she sent a reminder to them. Thomson asks her if the applicant has reached out to the City Solicitor's office. Wynne is not sure. Matz is concerned that once the applicant meets with the Water Supply Board they may ask for another continuance. Thomson indicates they routinely extend hearings. Mack: Motion to grant the applicant's request to continue the public hearing to July 18, 2017. Craft seconds the motion. The motion passes (9 -0, Thomson, Hutchinson, C. Barrett, N. Barrett, Craft, Flannery, Mack, Matz, and Miller in favor). Continued Public Hearin — Site Plan Review Application #127 -17 and Special Permit A lication #153 -17 — 105 Sam Fonzo Drive — construct two self-storage buildin s one eneral commercial/li ht industrial buildin and request for three driveway accesses — Beverly Airport Self Store a LLC c/o Miranda Gooding, Glovsky & Glovsky LLC Miranda Gooding, Glovsky & Glovsky LLC, steps forward to represent the applicant. She reminds the Board they went before them in the April meeting and that it was viewed favorably, however, the Board was hesitant to move forward before Conservation Commission review and approval was completed. She notes they are still before the Conservation Commission, due to a combination of scheduling issues and difficulty getting the two engineers, the City Engineer, as well as the Project Engineer sufficient time to address the comments and issues. Gooding requests a one -month extension to the July 18 meeting and hopes they will return with a favorable action. She states that they are intending to be before the Conservation Commission the following night. Mack asks if an extension of time is needed. Wynne reviews and indicates it may be needed. Mack. Motion to grant the applicant's request to continue the public hearing to July 18, 2017. Flannery seconds. The motion passes (9 -0, Thomson, Hutchinson, C. Barrett, N. Barrett, Craft, Flannery, Mack, Matz, and Miller in favor). Beverly Planning Board Meeting Minutes June 20, 2017 Public Hearing: Special Permit Application #156 -17 — 2 -6 Enon Street (Dodge Crossing) — Request for two restaurant uses in CN District and Water Supply Protection Overla District — Centderry, LLC clo Glovsky & Glovsk_y, LLC Wynne notes this is the first public hearing for this application. She reads the legal notice. Gooding steps forward for this applicant and tells them that since they filed the application and since they had some preliminary meetings with the City, there have been some tenant shifts and therefore since the application hinges on the restaurant use, which they still anticipate, they want to make sure they have the right tenant and the right use. She adds the applicant does not believe they will be ready for the July meeting so they are requesting an extension to the September meeting. She provides a note granting the extension of time, if necessary. Mack: Motion to grant the applicant's request to continue the public hearing to September 19, 2017. C. Barrett seconds the motion. The motion passes (9 -0, Thomson, Hutchinson, C. Barrett, N. Barrett, Craft, Flannery, Mack, Matz, and Miller in favor). Preliminary Plan — 20, 30, & 40 Webster Avenue Preliminary Subdivision Plan — Creation of 11 lots 8 new on a new subdivision roadway — Benco LLC c/o Griffin En ineerin Group, LLC Thomson introduces the preliminary subdivision plan named above and notes that it is not a public hearing. Bob Griffin, Griffin Engineering, on behalf of Benco LLC, speaks for the applicant. Griffin tells the board that Mr. Ben Carlson purchased the land last year and it is three parcels at 20, 30, & 40 Webster Avenue, and that there are four buildings on the property, one of which is a barn used for storage. He describes that number 40, the one closest to Webster Avenue, contains a single - family residence, an older looking building with a small looped driveway. He describes that number 30 is a white multi -story building, a 6- family apartment building. Mr. Carlson's tenants have been long -term and he is keeping the rents low and he would like to make some improvements to the properties at some point. He describes that number 20 is a 5- family set back from the road. He explains that the topography of the site is one of the features of this property. There are two gravel driveways on the property, one of which accesses the 5- family. He demonstrates on the plan where the parking and driveways are located. Griffin notes that the site is in the R45 zoning district and a small part of the site is located in the R15 district in the Southeast corner, and describes the surrounding area. He then discusses the drainage, noting that the site is located in the Chubbs Brook watershed. He added that in April, the applicant started the ANRAD process with the Conservation Commission and it was approved in April. They have 5 wetland areas, mostly small BVW areas, some along Webster Avenue and some in the back of the property. He notes the adjacent parcel is owned by Essex County Greenbelt Association and the other neighbors, including a parcel owned by AMG Properties. 10 Beverly Planning Board Meeting Minutes June 20, 2017 Griffin describes the existing conditions and indicates that it is about 14 acres of land with 1.5 acres occupied by the Wetlands and less than 1 acre of no disturb zone on the property. He notes it would result in 9 buildable acres per the Open Space Residential Design calculations. He also points out there are hiking and biking trails that extend onto the property. He tells the Board they will come back to the Board for an OSRD application and that the goal is to maintain the recreational area as much as possible. Griffin notes that the preliminary plan shows a more conventional layout of a subdivision. He explains they changed the lot line around the existing 6-family and 5- family units and created conforming R45 lots. He adds the Attorney, Mr. Alexander, told them that they should consider applying for relief from the ZBA to maintain the single - family house. The staff report indicates there are 8 new family houses, and he clarifies it would be 9 if they were able to save the existing residence, but at the same time they may have to remove that residence. He notes the layout involves an 800 -foot roadway from Webster Avenue out to the back which is a conventional layout with 6% maximum slope, 50- foot -wide right of way, sidewalks on both sides and follows all of the rules and regulations. The other access follows the existing drive and is 675 feet long with 6% maximum slope. He calls out possible areas and characteristics for detention ponds. He explains that all the lofts will be certified by municipal water and sewer as the existing buildings are. He indicates that part of the plan shows a ledge cuts with a 1:4 slope and the maximum cut to the ledge is approximately 40 feet. He notes there will be some ledge removal to accommodate the plan. Wynne clarifies that it is 8 or 9 new lots. Thomson confirms it is 8 new lots. She then asks why Lot 2 needs frontage from Webster. He tells her that the City's OSRD regulations require they provide frontage on the existing way for an existing building. Thomson asks there is room for a house on Lot 11. Griffin answers there is and he will present that when he gives them the yield plan during the OSRD process, but they have space for a house along Webster Avenue. Thomson then asks if there are some viewscapes and he understands there is some conservation on the land. Griffin explains that the ledge basin and topographic rise provides a nice buffer to potential development and the topography in the area is flat and would be easily developed and for other possibilities, one of which along the gravel driveway. He adds you won't be able to see the houses because of the way the property is and because of the rise. They will be proposing a couple of layouts, with 8 single family houses along the flat area. Thomson asks if there is no view across the intervening lots. Griffin explains because of the topography there is no viewscape to be concerned about and that it is pretty well- maintained. Thomson confirms it is a waiver -less plan and Griffin agrees. Thomson asks the Board if there are any other questions. Miller asks if the area is contiguous to existing trails. Griffin confirms. 11 Beverly Planning Board Meeting Minutes June 20, 2017 . Wynne asks him how long the roadway is. He believes it is about 800 feet and about 675 feet to the intersection. Griffin notes that the 500 feet only applies to a dead -end. Thomson asks if there are any Wetlands crossing and if there is more going on with ConCom than an Order of Conditions. Griffin answers that the Wetlands are in the back and the work in the buffer zone will not be close to it. Thomson ask him what the rectangular structure is on the plan and Griffin tells him it is a basketball court and was a tennis court at one time. Thomson asks if there are any more comments or questions. Thomson states they are not required to take any actions that evening, but can offer advice or answer questions. Matz asks when they will be returning to discuss this matter further. The applicant answers that they are almost done with preparing their initial filing. Wynne said they could submit in July to set the Public Hearing. Set Public Hearing: Amendment to Inclusionary Housin Permit #06 -14 and S ecial Permit #158 -17 -131 McKay Street — Windover McKay LLC, c/o Glovsk_y & Glovsky LLC Wynne explains the owner of the McKay property is seeking to convert apartments to condos. She notes there are four affordable units. Some people are interested in purchasing their units who are current tenants, but they anticipate having some vacancies. They are looking for both a request to amend the Inclusionary Housing Application decision which would be for the ownership and also a new Inclusionary Housing Application which would be to get permission to pay a fee in lieu for some of those units. Miller asks if they can't find buyers. Wynne says she's not sure. C. Barrett ask how long they have been up for sale and Flannery answers about 2 months. Wynne notes it appears they are looking for an open -ended decision so that they can be flexible. They are looking for the option to sell them or pay the fee. For condos, she notes the current fee is about $64,000, but it will likely be higher as the fee is updated annually. She notes she is hoping to present the calculation change, a change to the regulations, at the July meeting for the inclusionary housing to change the formula. The Board discusses whether they could set the hearing for July or for September. Matz: Motion to set the public hearing for amending public housing inclusionary application and special permit to September 19, 2017. Craft seconds. The motion passes (9 -0, Thomson, Hutchinson, C. Barrett, N. Barrett, Craft, Flannery, Mack, Matz, and Miller in favor). New or Other Business There is no new business. 12 Beverly Planning Board Meeting Minutes June 20, 2017 . Adiournment Mack: Motion to adjourn the meeting. Flannery seconds. The motion passes (9 -0, Thomson, Hutchinson, C. Barrett, N. Barrett, Craft, Flannery, Mack, Matz, and Miller in favor). The meeting is adjourned at 9:00 pm. 13