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3-20-18 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: March 20, 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: None Others Present: Assistant Planning Director Darlene Wynne Recorder: Samantha Johanson, Recording Secretary (not present) Chair Ellen Hutchinson calls the meeting to order at 7:07 p.m. Subdivision Approval Not Required Plans a. 20 and 24 Bertram Street — Litterer /Consedine & Munroe Bob Griffin, of Griffin Engineering, 495 Cabot Street, tells the Board that they are looking to move the lot line separating 20 and 24 Bertram Street lots, creating a 650 square foot Parcel A. Parcel A is not a building lot, but the transfer of land helps Lot #2 become more conforming in lot area and side yard setback. Lot #2 is pre- existing non - conforming in regards to frontage, area and side yard setback on the northwest side; the lot area and frontage non - conformities will remain but will be no more non - conforming. Hutchinson asks Darlene Wynne if she has reviewed this. She tells Hutchinson that she has and that Bertram Street is an existing improved way and the houses already have access onto Bertram Street and the frontage conditions are preexisting. Mack: Motion to endorse the plan as not requiring subdivision approval. Flannery seconds the motion. The motion is approved (7 -0 -1). Matz abstains, arrived at 7:09 p.m. Approval of Minutes None available. Recess for Public Hearings Matz: Motion to recess to public hearing. Craft seconds the motion. The motion is approved unanimously (8 -0). Beverly Planning Board Meeting Minutes March 20, 2018 Continued 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 at 750 -foot long private roadway accessing three new duplex building lots and an existing 5 -unit building and, from there, a 425 -foot long common driveway accessing three new single family building lots — Benco LLC Thomas Alexander, Alexander & Femino, 1 School Street, tells the Board they have incorporated all of the changes discussed in prior meetings and they are hoping for the Board to make a decision tonight. One of the proposed matters that Alexander mentions is the setting of the proposed monuments. He said they prefer that to occur at building permit or occupancy permit, and the later they can get that in place the better so they don't keep setting, and resetting and burying the monuments during construction. Griffin tells the Board about some of the changes made to the site plan. The first change he mentions is with regard to the detention basin which they were able to move 10 feet back from the wetlands. The shape of the basin was also revised, as well as the landscape to better blend with the basin. The safety fence has been removed from around the basin. Griffin notes another change was the width of the roadway that was reduced from 24 feet to 20 feet. They have added a crosswalk to Webster Avenue with handicap accessible ramps and signage. They have also added a sidewalk along the private way that will extend up to the duplex parking area and a 4 -foot wide sidewalk to the common driveway up to the Lot 5 driveway, as previously discussed. He notes some changes recommend by staff to align the no disturb zone with the tree line; this will give residents some more room to put up a shed or have a more usable yard. Griffin indicates that Mike Collins, DPS Commissioner, requested that they remove three dead trees from along Webster Avenue and that the shoulder be regraded to convey runoff to existing draining structures. He notes they are also going to replace a catch basin and drainage line on Webster Avenue. They have included detail of the proposed rip rap embankment in the plan. Regarding the embankment construction, they will incorporate filter fabric and crushed stone bedding layer to minimize potential erosion. He explains the future location of the walking trail connection through the proposed access easement on Lot 4 has been added to the plans. Wayne Miller asks Griffin if there is a letter from Mr. Collins. Griffin tells him there is not. Griffin explains he provided the tapes to the Engineering Department of the municipal sewer and drain lines to review. Wynne explains that she received an email from the Engineering Department and they have no additional comments at this time; she adds Mr. Collins oversees that department. She explains that the applicant met with Mr. Collins after the sewer and drain lines were inspected. Griffin mentions another change to the plan was the additional lighting. They have added 13 street lights along the sidewalks. The street lights will be 8 -inch diameter concrete bollard style lights, and they are about 3 to 3 %z feet tall. Hutchinson asks him to point them out on the site plan. Beverly Planning Board Meeting Minutes March 20, 2018 Alexander Craft asks if the lights will sufficiently light up the pathway. Griffin answers they are hoping to cast the light on the ground and not out to anything. Hutchinson asks Griffin to walk through the waivers, which Griffin does. Hutchinson asks Griffin to point out where they are reducing the 100 -foot wetland B buffer to 35 feet. She then asks for him to show the wetland E buffer as well. He shows it is by the rip rap embankment which is about 25 feet from the wetland E embankment. Hutchinson then asks him about the reductions in the rear setbacks and if they were designed within the discretion of the OSRD requirements. Griffin confirms they were. Hutchinson asks about the street trees being only on one side and in the right -of -way and asks him to clarify where they will be located. Griffin shows them on the plan there will be a sidewalk and street trees on the other side. Miller asks if there are any remaining trees worth keeping. Wynne mentions that some trees will be saved, as shown on the plan, and adds the concern is how they will be protected during construction. Griffin tells them they will put some fencing around them to protect them during construction. Miller then asks about the northern driveway and Griffin explains that is the area conveyed to the Greenbelt and what will happen during construction. Miller asks if the applicant will offer an endowment for the Open Space. Griffin and Alexander answer that Greenbelt is happy to take the land and they didn't feel the necessity to get an endowment since it abuts the property already. Matz notifies the Board that he has listened to the audio from the previous meeting regarding this matter. Matz asks if there is an updated letter from the Conservation Commission and Wynne tells him that they still have a site visit coming up on Saturday which may not happen due to an upcoming snow storm. Wynne believes however that the comments that Con Com had were already addressed by the applicant. Matz asks about them not wanting the rip rap. Wynne explains they are not done evaluating the issue, so if they do not agree to it or other items on the plan, the applicant would have to come back to the Planning Board for a modification. Matz asks about items on the list of waivers including the 25 -foot tract buffer along the private way, reducing 100 -foot Wetland A Buffer to 35 -feet, and reducing 100 foot Wetland E Buffer to 25- feet and if it has received approval or not from Con Com. Griffin explains that it does not need approval from Con Cam. He says they are doing work in the buffer zone and they are asking permission to do that particular work and they provided additional information on how that rip rap embankment will be constructed. Kilcoyne asks Griffin about the waiver regarding the fire alarm system. He explains that the City's subdivision regulations require that pull boxes be installed in a subdivision. He tells her that it is an old requirement and a lot of subdivisions no longer have them. Alexander states that the City has taken out most of the fire alarm boxes throughout the City. Hutchinson asks if they will have sprinklers. Griffin tells her they will and that they will have fire hydrants as well. Miller mentions the comments from the Open Space and Recreation Committee letter which reads that they appreciate that the applicant and engineering team have shown a feasible and practical trail connection on Lot 4 for the proposed access easement, and the Committee appreciates the adjustments that were made to the stormwater infiltration basin. Beverly Planning Board Meeting Minutes March 20, 2018 Hutchinson asks Griffin if the reconfiguration of the stormwater basin changed the open space calculations. He tells her that the calculations were updated and one of the things that happened was that the addition of the sidewalk put more water into the detention basin so they had to make the volume slightly larger. Hutchinson asks Griffin to explain the tables in their stormwater report. Griffin tells them that the first three tables listed explain the runoff rates towards different parts of the property, including the southerly catch basin, Wetland E, and Wetland A. The next two tables compare the runoff as well; however, it measures the volume of pre - development versus post development. Hutchinson asks if anyone from the public has comments or questions. Steven Martel on behalf of 29 Webster Avenue, speaks for his mother who lives at this address. He is possibly going to purchase his mother's house. He asks Griffin why they relocated the driveway. Griffin tells him that right now the driveway comes straight down and they have made it more of a 90- degree angle, and also to provide some more storm water infiltration, they tried to make sure there was no steep grade coming down the property. He adds this will hopefully prevent lights from cars from hitting his property. Martel asks him if it is possible to angle the driveway so that it doesn't have the car lights going into the house. Griffin doesn't believe that the car lighting will be an issue due to the grading and they have considered adding some landscaping to help prevent this. He will do what they can to accommodate his request. Alexander mentions they can put a hedge of some sort in front of his property to cut down any lighting. Martel also asks Griffin why they placed a sidewalk there. Griffin explains they are adding one there because the Parking & Traffic Commission is recommending it. Hutchinson asked Martel if he would like to speak with Mr. Alexander and the applicant to agree upon vegetation for his mother's property, keeping in mind that it has to be agreeable and acceptable to both parties. Martel agrees to that suggestion. Hutchinson asks if the public or Board have further questions. None are heard. Flannery: Motion to close the public hearing. Barrett seconds the motion. The motion is approved unanimously (8 -0). Mack: Retroactive motion to waive the reading of the public notice for the 20, 30 & 40 Webster Avenue public hearing. Seconded by Barrett. The Motion passes (8 -0). Continued Public Hearing: Site Plan Review Application #133 -17 — 44 & 100 Sam Fonzo Drive — Construct a commercial office and warehouse on existing vacant lot — Fonzo Realty LLC Miller: Motion to waive the reading of the public notice. Craft seconds the motion. The motion is approved unanimously (8 -0). Wynne tells the Board that the applicant is requesting an extension to the April 3, 2018 meeting and reads the applicant's letter. The ANR plan is still going through the process of Land Court and it was not ready for this meeting. 4 Beverly Planning Board Meeting Minutes March 20, 2018 Barrett: Motion to grant extension and continue public hearing to April 3, 2018. Craft seconds the motion. The motion is approved unanimously (8 -0). Continued Public Hearine: Site Plan Review Application #134 -18 — 268B Cabot Street — Construet 5- story, mixed -use addition to rear and above existing commercial building — Overlook Cabot, LLC Flannery: Motion to waive the reading of the public notice. Craft seconds the motion. The motion is approved unanimously (8 -0). Michael Dissette of Glovsky and Glovsky, 8 Washington Street, is representing the applicant in place of Attorney Gooding. He tells them they have made changes that resulted from the previous meeting with the Planning Board, especially the common boundary line of the side setback between the two properties and he has provided those changes on the paperwork given to the Board. He notes they were at 2.3 foot separation between the structures, and the revised plan submitted prior to the meeting was to go to 3.5 feet at the ground level and 2.3 feet for the upper levels. He submits a new revised plan to the Board that sets the proposed building 4 feet all the way up and notes he believes this addresses the concern by their neighbors. He also tells them that the parking plan has been revised to address issues raised at the last meeting and has been finalized with an agreement with the neighbor. There are now 24 spaces, 16 that are dedicated for residential use of this development. The easement with the City regarding the parking lot lighting has been resolved, and has been reviewed by the City's legal department. A package plan is being presented to City Council for approval. Scott Cameron of the Morin - Cameron Group tells the Board the changes to the site plan made were minor. He tells them that in the demolition plan during construction they will put up some temporary lighting for public safety. They have widened the building separation to 4 feet all the way up. They plan to restripe the parking spots and relocate the sign so each handicap parking space has room for a loading zone, which is required. He points out where they added a manhole, and shows where they will put drains and collect water runoff in the alley, which they are now eliminating the French drain and it will now be a passable alley. Dan Ricciarelli of Seger Architects summarizes the project including how they will be building behind the Atomic Cafe, as well as building on the back of that building for retail spaces and a deck. He describes that the Atomic Cafe currently uses the back at grade level for trash removal which will stay the same; however, it will now be under cover. He shows the bike racks, where the new retail space will be in the back, and a staircase for the 2 -story retail space. He shows the deck and addition for the Atomic Cafd and it will be open air. They will also be adding a common bathroom for both the retail space and Atomic Cafd to share. He describes some of the units, one being an upside down townhouse unit with the bedrooms on the first floor and living space upstairs. He demonstrates where the units will be in relation to Atomic Cafe. He shows the Board some of the facade materials that they plan to use. He adds there are generous windows, which will mostly be facing the municipal lot as well as Cabot Street. He notes they are planning to paint the existing building and are trying to keep all the buildings looking consistent in the Beverly Planning Board Meeting Minutes March 20, 2018 area. He shows them renderings so the Board can get a better idea of the different points of view of the residential units and describes the retail space and different elevations. Dissette tells the Board that the Design Review Board has come back with a recommendation for approval and concludes the presentation. Hutchinson asks the Board if they have any questions for the applicants team. Matz asks if they will be driving piles for this project. He congratulates them for coming to an agreement with the abutter. Ricciarelli answers that they are going to do helical piles, which are screwed into the ground to eliminate any excessive vibrations, and removing earth. He adds they will be monitoring. Miller asks if the DRB requires any shadow studies. Ricciarelli tells him they have not been requested. Miller asks who would make that request. Hutchinson tells him that the Planning Board has requested them in the past. Miller refers to an abutter letter and asks about the NFPA 241 report. Wynne asks to summarize the letters received from the following abutters. Hutchinson asks if these letters were sent before the change to the 4 foot setback. Dissette indicates they were sent before they made the change to the 4 foot setback. Miller notes they all reference the 2 foot separation and we do not have any comments since the change. Wynne reads the list of abutter letters into the record: Robert Murphy dated 3/13/18, Chester B. Marcus 3/15/18 dated, Dr. W. Cary Letien dated 3/15/18, Christopher Cullinan dated 3/16/18, Steven Ozahowski 3116118, Jonathan Marcus dated 3/15118, Gregory Gough dated 3/14/18, and Mary Baures dated 3/15/18. She notes that the Planning Board has received all of those letters. Wynne tells them that with regards to the NFPA she spoke with them since the last meeting and also spoke to Captain Halloran again. She notes it's a relatively new procedure and it would be submitted before applying for a building permit and relates to insuring public safety access during construction. She notes the applicant is working with a company called Code Red to prepare for that and Captain Halloran spoke in favor of that consultant. Hutchinson asks if they have additional letters from City departments. Wynne tells her that she asked both the Police and Fire Departments for additional comments relating to the building separation and the Police Department had no additional comments. The Engineering Department reviewed the plan and they noted that the utility design should be submitted prior to construction for review but no other comments. She also received a letter from Captain Halloran and he indicated the space between buildings is a building code issue and should be discussed with the Building Department but noted the new building will be subject to new standards. Miller asks does the close proximity even though extended to 4 feet still cause a problem for the abutters. Dissette answers that he cannot speak for the abutters, but advocates that he believes they have addressed the concerns. Barrett follows with a question whether the reciprocal easement was discussed with them as well. Dissette answers it was discussed generally within the email exchanges about the building separation. He said there is continuing discussion about 0 Beverly Planning Board Meeting Minutes March 20, 2018 whether the separation should become a public walkway connecting Cabot Street and the parking lot, with the applicant volunteering to build, maintain and light at their expense. He notes that discussion would be ongoing and not subject to tonight's decision. They are looking to keep the art gate in place currently. Barrett then asks him if the abutter is going to reciprocate the easement in the walkway. Dissette answers that discussion is ongoing, but notes that it is not trespassing to use a neighbor's property to fix a wall so there is ability to remedy without an easement. Miller asks if there is formal representation of the condo owners and who they have negotiated with. Dissette tells him that the communication has primarily been between Mr. Lutts and Mr. Murphy by email, and several other owners have been on those emails. He is not aware of any counsel representing any of the condo owners. Hutchinson asks one of the abutters to step forward to address discussions between the applicant and the abutters at 266 Cabot Street. Steve Ozahowski, one of the co- owners of a unit at 266 Cabot Street and a trustee of the association, lets the Board know there are several owners present that would like to speak as well. He tells them that it was a pleasure dealing with Lutts. He notes they had hoped for a distance of S feet. Speaking for himself, he says that during an email exchange with Lutts he noted that if it is 4 feet ground to roof, he believes that would be adequate for them to maintain. He inquires about a parking garage, noting a need for additional parking. He acknowledges that the applicant has made parking accommodations, but it will also be an issue during construction. He asks if an architect he hired could say a few words. Hutchinson asks him is he speaking on behalf of him and Mr. Murphy, or just himself, or as a trustee of the condo association. Ozahowski tells her that he has communicated his thoughts to other owners. He clarifies he is speaking as a trustee, that 4 feet is an adequate arrangement. Hutchinson asks if the other owners are okay with the 4 -feet. Ozakowski tells her that to his knowledge, one is okay with it, another is abstaining due to the fact that he owns 3 units in the building and has a relationship with Mr. Lutts. Mary Baures, a condo owner who has a psychology practice there for 10 years. She feels her working space will be destroyed because she has windows and they will be putting a wall outside the window. She is not happy with this project and believes the property value will go down. Hutchinson asks if her issue is the fact that a building is going up at all. Baures answers it could be further away. Dr. Cary Letien, a condo owner and audiologist, is also not happy about the noise factor that will be created during construction. He notes he is happy that the piles will not be driven in. As for the easement he would like to see a little bit more, but is fine with the 4 -feet. He comments on wind issues on Cabot Street that they have dealt with for a long time. He comments that he put up the red fence and the fencing in the back to prevent folks from utilizing it for street folk and drug deals. He says he doesn't want them close together because of the maintenance they need to do on a regular basis back there, including sealing and cleaning of air conditioning ducts. He Beverly Planning Board Meeting Minutes March 20, 2018 notes an issue in the front of the building, where an office had to do excavation due to water seepage, noting that issue has been sealed. Tom Mayo, a registered architect, 2 Central Street, Ipswich, hired by the abutters, tells the Board that the plans he reviewed didn't have the 4 foot separation. He notes some concerns he has are fire safety, asking what kind of wall will be constructed. Ricciarelli tells him it will be a 2 -hour fire wall of masonry construction. Mayo tells them that he was glad to hear about the helical piles, but notes there will still be some movement of earth and asks if they have plans for monitoring the buildings around the site. Ricciarelli tells him they have hired a firm who will be monitoring the buildings and will have a geotechnical engineer on site. Matz asks the name of the geotechnical engineer. Ricciarelli answers McPhail Associates. Mack: Motion to close the public hearing. Barrett seconds the motion. The motion is approved unanimously (8-0). Barrett: Motion to reconvene meeting. Flannery seconds the motion. The motion is approved unanimously (8 -0). Discussion/Decision: Site Plan Review Application 4134 -18 — 268B Cabot Street — Overlook Cabot, LLC Hutchinson reminds the Board that this is Site Plan Review and Inclusionary Housing Application. She asks the will of the Board. Wynne tells them that she did not include any suggested conditions, but the Board is welcome to suggest some for their decision. One she would suggest is that usually with Inclusionary Housing Permits, they ask that all required documentation to be submitted before applying for building permit. Wynne also notes that they discussed parking during construction should be available at Knowlton Street, which would apply to the Site Plan Review. Flannery asks about the maintenance of the 4 foot walkway and the red fence. Wynne notes that at this point she doesn't believe they intend to make that change. Riceiarelli answers that they have not proposed that change at this time. Miller asks if a condition is necessary for the lighting. Morin tells him it is being worked out with City Council. Miller asks if it should be addressed as a condition subject to City Council approval. Barrett asks about the temporary lighting during construction. Morin tells him that it is included in the plans. Dissette asks about the condition of inclusionary housing documents, noting it makes more practical sense for the applicant for it to occur prior to certificate of occupancy. Wynne notes that the requirement is usually the submission of drafts submitted to the Planning Department. She would be okay with that timeframe suggested. Miller asks about the fire chief comment about a building code issue to be addressed by Steve Frederickson. Wynne clarifies his comment means that anything related to building separation is a building code issue and reviewed during building permit review. Beverly Planning Board Meeting Minutes March 20, 2018 Mack: Motion to grant the Inclusionary Housing Permit application subject to the condition that the Planning Department be provided with drafts of the required documents prior to the issuance of a certificate of occupancy. Barrett seconds the motion. The motion is approved unanimously (8 -0). Mack: Motion to grant the Site Plan Review application based on the plans submitted to the Planning Board this evening showing the 4 foot distance to the abutter's building, subject to the condition that conditions set forth in the Parking & Traffic Commission comment letter dated March 14, 2018, which requires parking at Knowlton Street during construction, and the City Engineer dated February 22, 2018, and the standard conditions set forth in the Board of Health letter dated February 2, 2018; and the condition that the lighting easement be accepted by City Council. Flannery seconds the motion. Barrett amends the motion to add a condition that there be signage to the temporary construction parking area on Knowlton Street. Mack accepts the amendment. Mack clarifies that while he recognizes the concerns of abutters, the Board has less discretion in reviewing this application because it is a Site Plan Review application and not a Special Permit and the project is within zoning requirements. He commends the applicant for working with the abutter. The motion is approved unanimously (8 -0). Discussion/Decision: Open Space Residential Design (OSRD) Site Plan 410 -17 and Definitive Subdivision Plan — 20,30 & 40 Webster Avenue (Hickory Hill Way) — Benco LLC Barrett: Motion to approve site plan and waivers which is included in the letter from Bob Griffin, Griffin Engineering Group LLC dated March 14, 2018 and enumerated below: 1. Section 300- 54F(3)(b)[2] — Buffer Areas o Omit 25' Tract Buffer along Private Way. o Reduce 100' Wetland A Buffer to 35. o Reduce 100' Wetland E Buffer to 25'. 2. Section 300- 54F(3)(b)[8] —Relief from mapping trees greater than 10" DBH. 3. Section 300- 54G(4) — Setbacks o Reduce Lots 4 & 5 Rear Yard Setback from 25' to 10'. o Reduce Lot 6 Rear Yard Setback from 25' to 20'. o Reduce Lots 7 & 8 Side Yard Setback from 10' to 7' 4. Section 300- 54G(5) —Reduce Pavement Width on the roadway from 24' to 20'. 5. Section 300- 54H(1)(c) — Open Space parcels are non - contiguous. Beverly Planning Board Meeting Minutes March 20, 2018 6. Section 300- 54H(1)(c) -- Open Space Management Plan to be prepared by Essex County Greenbelt Association. Subject to the following conditions: 1) That the project comply with any and all recommendations that have not already been addressed in the plan, set forth in the comment letters received from the boards, committees and departments of the City, as well as the entity expected to acquire the open space, as listed in the staff report. 2) That the roadway is anticipated to remain private. 3) That the site plan approval requires granting of a Variance from the Zoning Board of Appeals to retain the existing single - family structure at 40 Webster. If the applicant should fail to receive such variance, the single - family structure shall be demolished prior to issuance of the first occupancy permit. 4) That all individual deeds for single - family shall include language indicating the presence of the Do Not Disturb areas and maintenance requirements for any stormwater management features contained on individual lots. With respect to existing multi - family properties, in the event of sale, all deeds shall include language indicating the presence of the Do Not Disturb areas and maintenance requirements for any stormwater management features contained on individual lots. 5) That the "Areas Not to be Disturbed" be protected by permanent deed restriction and denoted on the ground with markers. Such markers shall be reviewed with the Planning Department and installed prior to the first occupancy permit. 6) That Essex County Greenbelt Association has expressed written intent in a letter dated 2113118, to acquire the areas labeled Open Space Parcel 1 and Open Space Parcel 2, pursuant to Chapter 300 -54.H and the language contained therein. Should ECGA fail to acquire the properties, the applicant shall seek a modification of the OSRD approval with the Planning Board. a) Conveyance of Open Space Parcel 1 and Open Space Parcel 2 to ECGA shall occur prior to sale of the first unit. b) Prior to any construction/earthwork, the developer shall survey the entire boundary of the open space and shall place temporary markers at each angle and along the open space boundaries and do not disturb areas, to be inspected and approved by City Engineering staff. c) Prior to commencement of earthwork/construction and upon the developer's placement of temporary or permanent markers (pursuant to above), the developer shall notify the Planning Department of such and a Planning Department representative shall take photographs along all boundaries of the open space to establish an open space "baseline conditions" file, electronic copies of which shall be given to the entities that shall own the land and/or hold the restriction, at the expense of the developer. d) The open space shall remain untouched during construction — except for any areas specifically noted to be disturbed on the plan. e) Prior to conveyance of the open space, the applicant shall set permanent monuments (iron rods, or similar) along the boundary of the property and the Open Space Parcel 1 and Beverly Planning Board Meeting Minutes March 20, 2018 Open Space Parcel 2. f) Prior to conveyance of the open space, a "walk through" of the development is required with a Planning Board representative and City Engineering staff to assure the open space remains at baseline conditions and that the open space areas are clearly and adequately marked pursuant to b. and e. above. 7) That a long -term maintenance agreement for the stormwater management facilities shall be submitted by the applicant prior to issuance of the first building permit to the Beverly Planning Department and Engineering Department for review and approval. 8) That annual stormwater maintenance reports shall be submitted to the Beverly Planning Department and Engineering Department by the Homeowner's Association (hereafter "HOA "), and such language shall be included in HOA legal documents. 9) That, in lieu of a bond, the HOA Documents shall explicitly grant the City the right to enter onto the property to evaluate and make repairs on any stormwater or other infrastructure, if deemed necessary, and to assess any expenses to the HOA. Language to be reviewed by the City Solicitor prior to issuance of the first occupancy permit. 10) A Drainage Alteration Permit and an Erosion/Sediment Control and Materials Management Plan/Permit are required for this project. Such applications shall be submitted to and reviewed by the Beverly Engineering Department pursuant to their Rules and Regulations. Craft seconds the motion. The motion is approved unanimously (8 -0). Barrett: Motion to approve the definitive subdivision plan with the requested waivers from the City of Beverly Subdivision Regulations listed in the letter from Bob Griffin, Griffin Engineering Group LLC, pages 3 and 4, dated March 14, 2018 and as enumerated below: I. Section III.C.2.d — Relief for mapping trees greater than 6" DBH. 2. Section IV.A.2.b — Reduce Centerline Radius from 300' to 100'. 3. Section IV.A.2.c — Reduce Reverse Curve Tangent from 150' to 50'. 4. Section IV.A.3 — Reduce Right -of -Way Width from 50' to 40' and Pavement Width from 32' to 20'. 5. Section IV.A.4.b — Increase Centerline Grade from 6% to 8 %. 6. Section IV.A.5.a — Increase Dead -End Street from 500' to 750'. 7. Section IV.A.5.b — Provide Hammerhead Turn Area Instead of Cul -de -Sac. 8. Section IV.D — Reduce Drainage Easement from 20' to 15'. 9. Section V.D.2 — Reduce Sidewalks to One -Side Only. 10. Section V.G. I — Street trees on One -Side Only and in Right-of-Way. 11. Section VX — No Eire Alarm System Subject to the following conditions: 11) That Conditions stated in the approval of OSRD Site Plan x#10 -17 apply to this decision. 11 Beverly Planning Board Meeting Minutes March 20, 2018 12) That the Developer's Disclosure Agreement shall be submitted prior to endorsement of the plan and establishment of a Covenant f Bond for the construction of the property. 13) That the Definitive Subdivision Plan substantially complies with the OSRD Site Plan #10 -17 pursuant to Section 300- 54J(1) of the Ordinance. Mack seconds the motion. The motion is approved unanimously (8 -0). Request for Minor Modification to Site Plan Review #125 -16 —11.0 -114 Rantoul Street — Barnat Beverly LLC Hutchinson reminds the Board that at the prior meeting they agreed the changes were minor, but they were waiting on a letter from the Beverly Fire Department. Sarah Barnat of Barnat Beverly LLC tells the Board that they had shown removal bollards and they were going to have more landscaped area. She indicates the Fire Captain believes the removal bollards would be more of a nuisance in the event of an emergency, so they have removed them completely and have instead used a grade and paver change and a sign to let people know that no vehicles are allowed. Matz asks Barnat if it is safe to say due to the removal of the bollards that it won't let someone still drive down that area. Barnat explains that there is an access point for fire trucks to be able to get in but it's pretty obvious that you shouldn't drive down there, and also they will be placing a planter which should prevent anyone from getting down there. Wynne mentions that Captain Halloran questioned the ability of the pavers to support the fire truck. Barnat answered it was designed for that. Hutchinson asks if they have to take another vote on the minor versus major because these are additional change to the new plan having the bollards removed. Wynne tells her it is probably best to reconfirm that change is still minor. Matz: Motion to deem the proposed changes to the site plan are minor modifications. Mack seconds the motion. The motion is approved unanimously (8 -0). Matz: Motion to accept the proposed minor modifications in full with regard to Site Plan Review. Mack seconds the motion. The motion is approved unanimously (8 -0). Set Public Hearing: Modification to Open Space Residential Desi n Site Plan 902 -10 -- 875 Hale Street — Montrose School Park LLC Flannery: Motion to set the public hearing to April 3, 2018 for modification to site plan. Craft seconds the motion. The motion is approved. (7 -0 -1). Matz abstains. Adiournment Craft: Motion to adjourn the meeting at 9:15 pm. Barrett seconds the motion. The motion passes unanimously (8 -0). 12