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01-17-18 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: January 17, 2018 Location: Beverly City Hall, City Council Chambers Members Present Vice -Chair Ellen Hutchinson, Ned Barrett, Zane Craft, Ellen Flannery, David Mack, James Matz (arrived at 7:14), Wayne Miller Members Absent: none Others Present: Assistant Planning Director Darlene Wynne Recorder: Samantha Johanson, Recording Secretary (not present) Vice Chair Ellen Hutchinson calls the meeting to order at 7:04 p.m Subdivision Approval Not Required Plans None. Approval of Minutes for October 17, 2017, November 20, 2017, and November 21, 2017 Hutchinson asks the Board if they have any questions or comments on any of the minutes listed above. Flannery mentions October 17 minutes on page 4, last paragraph regarding Chris Koeplin of Beverly Crossing 3 points where it says needs compliant. Barrett suggests adding a hyphen will clarify the statement. Flannery also notes, on page 5, the first paragraph, last sentence, regarding the applicant giving residents MBTA passes. Upon request, Attorney Tom Alexander confirms it should say for the first month. Flannery: Motion to approve minutes as amended for October 17, 2017. Miller seconds the motion. The motion passes (5 -0 -1). Mack abstains. James Matz has not yet arrived. Flannery: Motion to approve minutes for November 20, 2017. Miller seconds the motion. The motion passes (6 -0). Flannery: Motion to approve minutes for November 21, 2017. Miller seconds the motion. The motion passes (6 -0). Continued Public Hearing: Site Plan Review Application #132 -17 — 40 Dunham Ridge (50 Dunham Road) — Construct subsurface stormwater management system and associated adiacent construction of subsurface retaining walls — Dunham Ridge, LLC Miller: Motion to open public hearing. Flannery seconds the motion. The motion is approved unanimously (6 -0). Beverly Planning Board Meeting Minutes January 17, 2018 Wynne tells the Board that they received an updated letter from the Engineering Department that should be considered as a replacement letter for the previous letters submitted. The letter contains conditions for the Board to consider to grant approval of the site plan review application. Her recommendation is that the Board includes them directly into the decision, should they vote to approve the modification. She asks the applicant for their comments on the Conservation Commission letter, which had not been discussed. Michael Aveni, Senior Architect of Cummings Properties introduced Steve Drohosky, Vice President and General Manager, and tells the Board that they have reviewed the letters from the City. Regarding the Conservation Commission, he mentions that the reviewed a similar speculative project last year and their recommendation was to let them know what they were doing before they got into the Buffer Zone. He notes that this project is well outside the Buffer Zone and is already built. He believes they satisfied the Engineering Department's comments and when the property is further developed they will be back in front of the Planning Department, as well as other boards. Hutchinson asks about the November 8, 2017 letter from the Conservation Commission that they expressed concern over what was being constructed over the sewer line and meeting the Engineering Departments standards. She asks Aveni if they are satisfied with what they have done. Aveni tells her that the Engineering Department is satisfied and notes that a previous letter (December 18, 2017) recommended they put a camera down the line and they found no damage at all. Aveni reads comment 43 from the December 18 letter, which says that the system is installed over the existing sewer main. "Based on inverts shown on the plan, it appears the pipe is within the stone envelope. We request video and inspection of the line be performed to assess the current condition of the material in the pipe. After the assessment it may be necessary to rehabilitate this section of the pipe from manhole to manhole to ensure no infiltration from the chamber system enters the sewerage system." He says they have videoed the pipe; the pipe was flowing and there was no damage found. He tells the Board that they have addressed all of the comments from the Engineering Department in the latest letter dated January 16, 2018, and they've agreed to run the camera again when the system is fully operational. Matz arrives. Flannery asks about the Phase 2 of the City's proposed overpass project, and is this positioned to compromise that. Drohosky comments that in theory, yes, this could be impacted by that proposed project. He adds the latest version of the design that they have seen deals with the majority of the area he points out on the plan, which is the subject of this application, and they are not sure if it will affect the wetlands that are nearby. Flannery follows, if what is constructed would be impacted. Drohosky answers, maybe. He notes they have not planned that far into the future, but will address it if that is the case. Barrett asks about for clarification on the procedures. Board clarifies it is a site plan modification. Drohosky says that they are referring to it as a minor modification, if the minor modification is approved. He says they were thinking of it as a new application, because his portion of the lot has never been reviewed. Wynne explains the Planning Department has it all 2 Beverly Planning Board Meeting Minutes January 17, 2018 filed under one plan. Hutchinson explains that since a public hearing was held, it is not a minor modification. Barrett mentions that any further work would have to come back to the Planning Board for approval. Hutchinson reinforces that statement. Drohosky confirms. Craft asks for a status update on the Environmental Notification Form. Aveni notes that they requested an advisory opinion regarding MEPA review, which concluded that they were required to file an ENF. He adds that they are 90% complete with the ENF and just finalizing the information for a greenhouse gas analysis. They expect to file it at the end of the month and then will simultaneously file a DOT Highway Access Permit. Matz asks that if something comes up with MEPA that requires a modification, he notes they will need to return to the Planning Board. Aveni confirms he understands. Mack: Motion to close public hearing. Flannery seconds the motion. The motion is approved unanimously (7 -0). Hutchinson asks if the Board would like to discuss the matter at this time. Wynne clarifies that Matz cannot act on the item because he was not present for the entire public hearing. Mack: Motion to approve modification to site plan with the conditions as follows: 1. That all conditions or comments of the various city departments, boards, and commissions as referenced below are adopted as part of this decision, including from the: a. Engineering Department, specifically that letter dated January 16, 2018 which supercedes prior letters dated October 26, 2017 and December 18, 2017 b. Conservation Commission, dated November 8, 2017 c. Board of Health, dated November 7, 2017 d. Police Department, dated October 31, 2017 e. Fire Department, dated October 25, 2017 2. That any future project on the site, of any size, be subject to site plan review by the Planning Board, and special permits to the extent applicable. 3. That the stormwater management facility be constructed to meet the standards prescribed by all City ordinances and regulations, including those enforced by the Engineering Department and those conditions stated in the letter dated January 16, 2018. 4. That any permits required by the Engineering Department, and any other necessary department, be obtained before the continuation of construction at the site. 5. Per the recommendation of the Conservation Commission, that the applicant incorporate low impact design features into future site development. 6. That the Board acknowledges that the applicant is required to submit an Environmental Notification Form to the Massachusetts Environmental Policy Act (MEPA) Office and copies of such shall be provided to the Planning Beverly Planning Board Meeting Minutes January 17, 2018 Department, Conservation Commission, and Engineering Department, and comply with conditions or requirements imposed by MEPA. Miller asks about a comment in the staff report from November 21S that a full master plan be presented as requested by City staff, he asks if that has been provided. Wynne tells him they haven't received it and that it's a comment that has been made before. Drohosky explains they don't have a master site plan because that is not how they operate because they can't predict how the entire site will be developed. He notes they will come back with their next step. Mack indicates that the proposed condition will cover this. Barrett seconds the motion. The motion is approved. (6 -0 -1). Matz abstains. Bond Reduction Request OSRD Site Plan & Definitive Plan — 44 & 52 Standley Street (aka Emily Way) — RC Realty Trust Craft recused himself. Alexander has no comments on this matter and is fine with the recommendation to reduce the bond to no less than $50,000. Mack: Motion to approve the request for a bond reduction to no less than $50,000 with the condition that there will be no further bond reductions until construction is completed and approved by the City. Flannery seconds the motion. Miller asks about the access road to the community garden. Alexander tells him that the City has not moved their gardens yet. Mack clarifies you can access it, but it is not refined yet. Wynne explains that the Garden Committee is going through a process with the Conservation Committee to plan it out. She indicates there is a gravel roadway that may need some additional work before final close -out of the subdivision. The motion is approved unanimously (6 -0). Craft recused. Set Public Hearing: Site Plan Review Application #133 -17 — 40 & 100 Sam Fonzo Drive — Construct a commercial office and warehouse on existing vacant lot — Fonzo Realty, LLC Mack: Motion to set Public Hearing for February 13, 2018. Flannery seconds the motion. The motion is approved unanimously (7 -0). Set Public Hearing: Open Space Residential Design (OSRD) Site Plan #10 -17 and Definitive Subdivision Plan — 20, 30, & 40 Webster Avenue (Hickory Hill Way) — Construction of a 750 -foot lone private roadway with three duplex buildings and a 425 -foot long common driveway with three single family residences — Benco LLC Mack: Motion to set Public Hearing for February 13, 2018. Flannery seconds the motion. The motion is approved unanimously (7 -0). 4 Beverly Planning Board Meeting Minutes January 17, 2018 Planning Board member appointment to Harbor Plan Advisory Group (HPAG) Wynne says that the Planning Department has asked Zane Craft to represent the Planning Board on a Harbor Plan Advisory Group. Mack: Motion to endorse the recommendation for Zane Craft to represent the Planning Board on the Harbor Plan Advisory Group. Barrett seconds the motion. The motion is approved unanimously (7 -0). Election of Officers for 2018 — Chairperson and Vice Chairperson Flannery: Motion to nominate Ellen Hutchinson as Chairperson. Mack seconds the motion. The motion is approved unanimously (7 -0). Mack: Motion to nominate Ned Barrett as Vice Chairperson. Flannery seconds the motion. The motion is approved unanimously (6 -0 -1). Barrett abstains. Miller asks for a formal opinion from the City Solicitor on changes to remote participation in the Open Meeting Law. Wynne indicates that she will request an opinion of the City Solicitor. Adjournment Barrett: Motion to adjourn the meeting at 7:39 pm. Miller seconds the motion. The motion passes unanimously (7 -0).