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2-13-18 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: February 13, 2018 Location: Beverly City Hall, City Council Chambers Members Present Chair Ellen Hutchinson, Vice Chair Ned Barrett, Zane Craft, Ellen Flannery, Allison Kilcoyne, David Mack, James Matz, Wayne Miller Members Absent: Others Present: Assistant Planning Director Darlene Wynne Recorder: Samantha Johanson, Recording Secretary (not present) Chair Ellen Hutchinson calls the meeting to order at 7:00 p.m Subdivision Approval Not Required Plans None. Approval of Minutes for December 19, 2017 and January 17, 2018 Hutchinson asks the Board if there are any corrections needed for the minutes for the December 19, 2017 or the January 17, 2018 meetings. Typographical correction made to December 19 minutes, page 7. Flannery: Motion to approve minutes for December 19, 2017 and January 17, 2018 as amended. Craft seconds the motion. The motion is approved unanimously (8 -0). Introduction of new Board Member Allison Kilcoyne Hutchinson introduces and welcomes Allison Kilcoyne, a resident of Ward 2 to the Planning Board. Recess for Public Hearings Miller: Motion to recess for public hearings. Flannery seconds the motion. The motion is approved unanimously (8 -0). Public Hearing: Definitive Subdivision Plan — 20, 30, & 40 Webster Avenue — Construction of 145 -foot lone dead -end private roadway and single- family building lot — Benco LLC Wynne reads the public notice. Thomas Alexander, offices at 1 School Street, Beverly asks the Board to continue the public hearing to April 3, 2018, including any extensions of time that may be necessary. Beverly Planning Board Regular Meeting Minutes February 13, 2018 Mack: Motion to continue the public hearing to April 3, 2018 with any time extensions as necessary. Flannery seconds the motion. The motion is approved. (8 -0). 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 building lots and 425 -foot lone common driveway with three single family building lots — Benco LLC Wynne reads the Public Notice. Thomas Alexander, offices at 1 School Street, Beverly describes the project consisting of 3 single - family lots and three duplexes totaling 9 units as preferred by the Board during the Initial Review phase. He tells them they have been in contact with the Essex County Greenbelt Association (ECGA) and they will be happy to add to the public lands that they already have adjacent to this site. This will give better access to the public to both the existing and proposed open space parcels. He tells the Board that ECGA indicated they do not want the stormwater detention basin on the open space parcel, which they will accommodate in the plans. The Parking and Traffic Commission requested some additional sidewalks, which the applicant will accommodate. He mentions they will be requesting site setback waivers as well as those listed in the application. Bob Griffin, Griffin Engineering LLC, tells the Board they have done some additional studies of the property locating trees, and had an architect review building footprints. They have prepared a road profile and he discusses the common driveway which is a bit steeper from the original OSRD plan. He tells them that by flipping the houses to the left side, it makes the road shorter, but helps to accommodate the Open Space Committee recommendation that they provide an open space connection to the gravel driveway. Griffin notes that the Fire Department is happy with their plan and where they have located the fire hydrants and that all the new construction will have sprinklers. They have also provided a landscaping plan for a neighbor to review and to help accommodate the slight change of the alignment in the roadway. He shows the Board a trail relocation on the property on the plan and it's about 280 feet long and will connect with another existing trail location. He explains they tried to minimize any work in the buffer zone but that the trail relocation will be in the buffer zone and only the basin construction is within the 100 foot buffer zone of the Bordering Vegetated Wetland (BVW). He lets them know they will do some trimming of the hemlock trees to provide some more visibility coming out of the driveway. They will also add a stop sign so the traffic will flow nicely out onto Webster Avenue. They will also add a crosswalk on Webster Avenue and will tie into the existing sidewalk with some crosswalk signs as well. Griffin then introduces the waivers they are requesting, which are listed in the application form. He notes one is to be able to do work within 100 feet of the BVW which is necessary for the trail relocation, the retention basin and roadway work that is needed. Another waiver involves the street design involving the radius of the curve which is 175 feet compared to the minimum radius of 300 feet and they are less than the subdivision standard alignment. He explains there is now a 50 foot straight section, as opposed to the original 150 foot straight section. He then tells the 2 Beverly Planning Board Regular Meeting Minutes February 13, 2018 Board they have 24 feet of pavement instead of 32 feet which would be required for a standard subdivision roadway. They also have a 40 foot wide right -of -way instead of 50 foot, which is the private way coming up from Webster Avenue which turns into the lots for the duplexes. He explains they have an 8% roadway slope vs. a 6% maximum slope of a subdivision roadway and they have a dead -end length of 750 feet versus 500 feet. He tells them that the Fire Department has reviewed these and prefers these changes for access for emergency vehicles; in addition there will be two fire hydrants on the property. Griffin explains they are not requesting any street lights and they are not proposing any fire alarm boxes be installed. Griffin explains on the plan the waivers for setbacks which are: for Lot 7 side yard for, which is 7 feet, instead of 10 feet; for Lot 6, which is a 20 feet rear yard instead of 25 foot rear yard required, and in Lots 4 and 5, which are 10 feet front yard setbacks instead of 25 feet. Mack asks Griffin about the additional waivers from the OSRD Ordinance. Griffin explains the following waivers for the proposed plan that would require the Planning Board to grant the following waivers: 1. From the requirement to provide a 25' tract buffer along the entire perimeter of the tract. The waiver is only for a portion of the tract. Section 300- 54F(3)(b)[21 2. From the requirement to disturb within 100 -feet of a primary conservation area (Wetland A). Section 300- 54F(3)(b)[2]. The Board has the authority to waive, reduce, or increase buffer areas. No buffer requirement may render any tract unusable and any variation in the required buffer shall be rationally related to the objectives of the OSRD. 3. From the requirement to map trees greater than 10" DBH within areas to be disturbed. Section 300- 54F(3)(b)[81 4. Should the Board approve the plan as shown: From Section 300- 54G(6), requiring the construction of a sidewalk along the full length of one side of the way, at a minimum of 5'. The OSRD ordinance grants the Board discretion to eliminate or waive this standard. In order to waive the sidewalk requirement, the Board must make a finding that other provisions are made within the tract to connect pedestrians to sidewalks outside the tract safely. [The Parking & Traffic Commission has requested that the applicant construct a sidewalk along the entirety of all roadways. If plans are revised, this waiver would not be required] . 5. From Section 300- 54H(1)(e), requiring the preparation of a management plan for the Open Space to be approved by the Planning Board as part of the OSRD Site Plan review. The applicant has provided some basic language but is deferring to ECGA for management. 6. From the requirement that the open space meeting the 50% requirement shall be contiguous. Section 300- 54H(c). 7. From Section 300- 54F(3)(b)[5] requiring a conceptual landscape and screening plan for stormwater management facilities. Griffin explains the 5 points in which water leaves the property and located them on the plan. He tells them that the stormwater report calculates the amount of water leaving each of those points during pre - development and post - development and that the report documents that both the rate of stormwater will decrease both in rate and in volume based on the calculations by the City Engineering Department. The water is reduced because they are directing it from the houses and Beverly Planning Board Regular Meeting Minutes February 13, 2018 it will flow down into the large existing open depression. He then explains to the Board the direction in which the rest of the flow will go. He tells them they have an infiltration system in the front of the property where there are some catch basins on Webster Ave. Dry wells are located on individual lots and in addition to the infiltration basins. Miller asks about conditions if the basin fails. Griffin tells him that the basin shouldn't fail and before run -off reaches the basin it would be treated to remove solids and debris. The plan meets the requirement that the rate of runoff not be exceeded. Hutchinson asks Griffin if runoffs from Lots 3, 4, and 5 will make their way to the depression across the driveway and then to the basin behind Lots 7 and 8 and that the runoffs from 6, 7, and 8 will go into the basin. Griffin clarifies that is true. Hutchinson asks where does the runoff from Lots 10 and 11 go and Griffin tells her it is piped into the drywells and the backyard lawn runs off in the direction of Wetland E and the front yard would run off to the street and caught in the catch basin and then piped out to another basin he shows on the plan. Hutchinson also asks him about Lot 2, and Griffin tells her the existing lot slopes downhill. Hutchinson asks him the percentage of runoff expected to the basin behind lots 6, 7, and 8. Griffin tells her that it is about one - third. Miller asks about the plans they had from back in July in comparison to the current ones they have. Griffin explains what they had previously and notes that one included a potential underground chamber which is no longer underground and they have moved the location. He shows them the different plans they had previously with design D and E and indicates that they had to make certain changes. James Matz asks Griffin about the basin remaining on the property owned by the developer and not part of conveyance of open space and Griffin tells him he is correct. Wynne explains that the regulations don't permit them to count the surface detention basin towards the open space, anyway, so it will not affect the open space area conveyed. Matz then asks about the different applications submitted to the Board. Griffin tells him the one submitted in December was for a 1 -lot subdivision plan. Matz asks about all of the sediment being captured and will there be a regular maintenance program and if the sediments are pumped out at least four times a year. Griffin tells him that is part of their report and the maintenance of the drainage system falls on the homeowner's association and that they will provide reports to the City's Engineering Department annually as required. Mack asks about the existing structure on 40 Webster Ave and if it is going to be demolished or not. Griffin tells him that they are planning to file a ZBA application to leave that building in its permanent location and not tear it down. Mack then asks him if they need a variance to keep two structures on the same lot and Griffin tells him yes. Alexander explains that if the variance isn't granted, the house will be torn down. Griffin addresses the comment letters submitted and tells them the open space is to be conveyed to the ECGA and they asked the applicant to put a sign on the 25 foot wide public access up to the top of the hill. With regard to the detention basin, they asked that they not put a fence around it, but they may be able to put a black, vinyl 4 -foot fence for safety reasons. They also asked to add vegetation to the side slopes outside the basin, maybe some pine trees. 4 Beverly Planning Board Regular Meeting Minutes February 13, 2018 Griffin then discusses the letter from the Parking and Traffic Commission about adding sidewalks and adding a pedestrian crosswalk on Webster Avenue. Griffin mentions the letter from the Engineering Department, that they want to make sure they have coordinated their hydrant locations with the Fire Department and if they were providing new utility stubs. They also prefer the sidewalk going up the common driveway and request as- built drawings at the end of construction. He notes the Engineering Department also wants to make sure that the applicant pay their water and sewer fees, apply for erosion control permits, and ensure the homeowner's association is responsible for the drainage and that they can require testing at any point in time. Wynne explains that the Conservation Commission letter was submitted that day and expressed concerns about the infiltration basin and the change from the retaining wall to the riprap slope. She notes that DPW Director Mike Collins sent Wynne an email stating he would like to see them inspect the drain they are proposing to tie into via camera from their connection point to the outlet out to Chubbs Brook and the sewer should be televised at least to Goodwin Road to identify any issues. He is also recommending cleaning up the edge of Webster Avenue for drainage purposes. He also mentioned having a meeting with the applicant and Griffin tells her that they haven't met with that department for about a month or so. Mack asks if the Board normally requests a bond for the maintenance of the basin since it is not being conveyed to a public land. Wynne tells him they have in the past and they have an alternative solution that if the Board decides to approve the plan, that rather than a bond there be explicit language in the homeowner association's documents that allows the City to access the property to make any repairs if it fails and then collect charges. She notes that collecting bonds whether they are insurance bonds or cash has been cumbersome and inefficient for the City to manage. Hutchinson states that their concern is that Conservation Commission has not signed off on this project yet and that Mr. Collins has requested inspection of the drain with a camera. Wynne mentions that they also received a public email today that she forwarded on to everyone from Russ Walsh who is present. Griffin tells her he saw it as he was heading to the meeting. In the email Mr. Walsh mentioned he has had sewerage problems during wet events which may be happening within the sewer line connected to his house and he thinks it's a good idea that Mr. Collins suggested doing an inspection of the sewer line. Griffin mentions that stormwater shouldn't be getting into the sewer lines. Ann -Marie Nehme, 10 Webster Avenue, which is the house next to where the development will happen mentions that the developer has met with her and some neighbors a few times to discuss the development and sight lines. She is in favor of not putting street lights on that street which affects the character of the neighborhood. They do have concerns about water drainage and have spoken to the developer about it. She mentions that the ground water is already pretty high and they already have issues with drainage. She wants to make sure that the engineering for this Beverly Planning Board Regular Meeting Minutes February 13, 2018 project is on target and that it will not worsen their conditions. She submits photos to the Board for consideration and review. Wynne tells her to email them to her as well to add to the record. Russ Walsh of 15 Goodwin Road, had sent them an email earlier in the day regarding his concerns about the property and project. He mentioned they have had at least three floods in the past 15 years. He asks for clarification about drainage down through Glen Urquhart, that it comes down to Goodwin Road. He mentions the new basin will drain onto Greenwood Avenue and he asks if there is an estimation of additional water that could get to that street. He thinks anything more than what they have will be problematic. Another issue he sees is with the sewerage and he is not the only person who has issues during significant rain. Griffin explains the infiltration system. He tells him that most of the water in their study shows a decrease in the amount of water going into that direction as compared to existing conditions. The sewerage issue will be addressed and be inspected to see if there are any issues and why that is happening. Sean Corcoran, 22 Goodwin Road, states he has the same concerns as Mr. Walsh does regarding additional run -off and it will raise his water table which will flood his basement. George Martin, 39 Webster Avenue, is concerned about the ledge across the street; will there be any blasting/demolition during construction in front of Lot 3. Griffin explains that it is a no- disturb area, so they will not be touching that area at all. Martin then asks for clarification about the traffic, noting that there are 32 cars going in and out during rush hour periods and if there would be much of an impact. Griffin tells him that of the 9 additional dwellings there will be about 62 trips a day, during the morning peak hour from the site, there will be 5 vehicle trips and about 6 vehicle trips in the evening peak hours. Martin asks about the impact on the trash collection, and will they be collecting it up the road or on the corner. Griffin says they have engaged JRM to pick up the trash at the units, not on the corner, and that they are already doing this for the multi - family units. Martin asks if the additional dwellings will affect water pressure to the other neighbors. Griffin explains the water mains and there is adequate pressure on Webster, so it won't have a significant draw on the water pressure. John Petrosino of 24 Goodwin Road tells them when the water comes down the street it goes over the water sewer man hole covers. He asks about the donation of land that comes off of Webster, asking if they have control over it if ECGA wants to put a parking lot there or not. Ed Cullen of 35 Webster Avenue asks for clarification about the property at 40 Webster. Hutchinson tells him that they have to file an application seeking a variance through the Zoning Board of Appeals. Wynne mentions her concerns were about the trash and recycling pick -up if this is to be a private street as anticipated, which was addressed moments earlier. She adds that Aaron Clausen, the Planning Director (not in attendance) wanted the applicant and Board to consider whether the roadway could be narrowed below 24 feet, as has been done in other OSRD subdivisions. Hutchinson suggests continuing the meeting to address the Board's questions as well as hear from the Conservation Commission. The Board discusses what next step to take regarding this project, specifically whether the Board would request a third -party peer review. The Board 11 Beverly Planning Board Regular Meeting Minutes February 13, 2018 decides against it, but Hutchinson mentions that the neighbors would be entitled to conduct their own study. Hillary Lacirignola of 47 Webster Avenue recommends they do the study of the sewer pipe by the end of March while the water problems are the highest. Alexander tells them they can address what they can to the Board at the February 27 meeting and if there are more concerns they can continue it again. Mack: Motion to continue the Public Hearing to February 27, 2018. Barrett seconds the motion. The motion is approved unanimously (8 -0). 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 Wynne reads the Public Notice. Vaclav Talacko and James Cummings introduce the project and answer questions raised by the Board. He notes it is part of an existing lot. They are proposing to build a 47,000 sq. ft. building, part offices and part warehouse. He adds there was at one time a much larger project approved for the site. They have filed with the Conservation Commission regarding the work within the buffer zones and are still closing out conditions from the prior project with the Commission. Talacko shows the Board the access points on the property and notes the 125 [corrected later to 130] parking spaces. He notes that the pavement area was for a truck to back in, but he was asked during the staff project review to remove some of the pavement and add some green space. He describes the changes they made. He tells them the drainage will be taken care of by catch basins and run through infiltration systems underground. He notes there is some work in the 25' No Disturb Zone and a retaining wall and they have applied for relief through the Conservation Commission. Miller asks what is on the site currently. Talacko explains that it is primarily a grassy field and there was some parking which will now be moved into the back. He notes that there are fewer people employed for manufacturing. Miller asks what is in the lot to the north. He tells him that is a manufacturing plant, Mack asks if an ANR was filed. Talacko tells him that they have prepared the ANR and they have filed it with Land Court and it will take a couple of weeks. Matz comments that he has three concerns about approving a site plan at the time. The first is that they need Conservation Commission approval of the plan, because they have some questions and concerns. That the project needs FAA approval. And, that they need approval by the Land Court. He is not ready to approve the site plan. Talacko tells him they understand that. He notes that they did file and get approval from FAA. The Board was not aware of that. Wynne explains that the Board cannot act on it with the ANR, but encouraged the Board to start asking their questions. 7 Beverly Planning Board Regular Meeting Minutes February 13, 2018 Miller asks if the infiltration basins will stay as is. Talacko tells him that it is correct and they would be put there; they are not currently there. Cummings explains how they have addressed a few comments from the staff report. He shows them the updated site utility plan and the updated parking plan. He notes they have added 5 spaces, to make it 130 spaces. Also, the dimensions have been updated which they will submit to the Planning Board. He notes the HVAC and the size requirement hasn't been designed but they will accept a condition on that. The lot areas have been corrected to represent accurate definition of lot area. He notes the drainage control permit will be filed for construction. The Engineering Department suggested adding a hydrant on the southwest corner of the building by the water supply and adding a bicycle rack on the north side of the building. Miller asks him what the height of the building is and Cummings tells him it is 28 feet. Hutchinson asks if the Planning Department asked for access easements and Wynne mentions they will be necessary for the shared driveway. Flannery: Motion to continue public hearing to February 27, 2018. Mack seconds the motion. The motion is approved unanimously. (8 -0). Flannery: Motion to close public hearing. Craft seconds the motion. The motion is approved unanimously. (8 -0). 25 Jewett Road Definitive Subdivision Plan — Request for Extension of Construction Completion Date (February 22, 2018) to February 22, 2019 — Francis and Marcia Byrne. Mack: Motion to set extension of construction completion for two- years. Craft seconds the motion. The motion is approved unanimously (8 -0). Set Public Hearing: Site Plan Review Application #134 -18 — 268B Cabot Street — Construct 5- story, mixed -use addition to rear and above existing commercial building — Overlook Cabot, LLC Matz: Motion to set public hearing for Site Plan Review to February 27, 2018. Mack seconds the motion. The motion is approved unanimously (8 -0). Planning Board Business a. Wynne presents a letter which would allow Board Chair and /or Vice Chair, rather than a majority of the Board, to sign off on all Subdivision Plan endorsements. The form they currently sign only applies to SANRs and grants the Board Chair authority to sign on behalf of the Board. If the Board chooses to adopt this, Hutchinson or Barrett can sign on behalf of the Board after a decision has been made. b. Discussion ensued on whether the Board prefer to have joint public hearings on zoning amendments or hold their own hearings at regular meetings. Wynne notes they are not E3 Beverly Planning Board Regular Meeting Minutes February 13, 2018 required to have joint meetings with City Council. They can take care of it during their own meeting but it may be helpful for them to get feedback from City Council depending on the item. If they did it on a case by case basis, they would have to plan ahead of time. Everyone is fine with keeping it as is for now and will review it on a case by case basis. Adjournment Mack: Motion to adjourn the meeting at 9:15 pm. Barrett seconds the motion. The motion passes unanimously (8 -0). E]