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8-21-2018 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: August 21, 2018 Location: Beverly City Hall, City Council Chambers Members Present Chair Ellen Hutchinson, Vice Chair Ned Barrett, William Boesch, Zane Craft, Ellen Flannery, Allison Kilcoyne, David Mack, James Matz Members Absent: Wayne Miller Others Present: Assistant Planning Director Darlene Wynne Recorder: Samantha Johanson, Recording Secretary Chair Ellen Hutchinson calls the meeting to order at 7:01 p.m. Hutchinson comments that the approval of minutes will be moved to the end of the meeting. Subdivision Approval Not Required Plans There are none. Recess for Public Hearings Flannery: Motion to recess to Public Hearing. Barrett seconds the motion. The motion passes (7 -0). Matz not present for vote. Continued Public Hearing: Livingstone Avenue Definitive Subdivision Plan (7 Porter Terrace) — Livingstone Avenue — Create 3 New Lots — 7 Porter Terrace, LLC [continuance requested] Hutchinson asks Darlene Wynne to update the Board with the status of this application. Wynne reminds the Board that they requested a Third -Party Peer Review and it's currently underway. Wynne expects it to be done by the end of the month and will have the report forwarded to the Board and applicant. The applicant will then need time to respond. As the Conservation Commission does not meet until September 18, 2018 the applicant asked for a continuance. Since the Board wants to hear from the Conservation Committee, Wynne suggests putting it on the September 25, 2018 meeting agenda Barrett asks if there are any time limits on this issue. Wynne explains that when they accept the continuance that means they will also need to accept the time extension request to September 30, 2018. Flannery: Motion to continue the public hearing to the September 25, 2018 Planning Board meeting. Mack seconds the motion. The motion is approved (6 -0, Matz not present for vote and Boesch ineligible to vote). Beverly Planning Board Meeting Minutes August 21, 2018 Flannery: Motion to accept the extension of time in which to review the application to September 30, 2018. Mack seconds the motion. The motion is approved (6 -0, Matz not present for vote and Boesch ineligible to vote. Hutchinson explains the Board's actions to members of the public in attendance. Matz arrived at 7:06pm. Flannery: Motion to close Public Hearing and reconvene meeting. Barrett seconds the motion. The motion is approved (7 -0). Modification Request: Site Plan Review #134 -18 and Inclusionary Housing Permit Application #15 -18 — 268B Cabot Street — Add 2 units, increasing the total from 9 to 11 new dwelling units and change affordability rate of the affordable unit from 80% to 60% AMI — Overlook Cabot, LLC The Board approved a Site Plan Review application and an Inclusionary Housing Permit for the above - mentioned project. The applicant is requesting two modifications for approval which include: 1) Change the total dwelling units from 9 to 11 by adding 2 ground -floor, 1- bedroom dwelling units. 2) Change the affordability of the inclusionary housing unit from 1 unit @ 80% AMI to 1 unit at 60% AMI. Miranda Gooding of Glovsky & Glovsky, 8 Washington Street, Beverly, MA, on behalf of Overlook Cabot, LLC introduces the applicant Peter Lutts. She tells the Board that the project included 9 residential units above two floors of commercial space, including the Atomic Cafe. The applicant is preparing for construction and financing and is looking to make the pro forma work for this project. She explains the concept is to add two residential units on the ground floor of the building below Atomic Cafe. The units would be small with one bedroom - one would be under 600 s.f. and the other just under 700 s.f There is no change in the footprint or the exterior of the building. The only changes would be the installation of the windows on the ground floor which face the existing alley way between the Atomic Cafe and the commercial condominiums. Gooding tells the Board that the applicant was able to find off -site parking within a lot he already owns on Knowlton Street, therefore there was no special permit relief required. Gooding mentions that Lutts owns property at 275 Cabot Street, where City Side Diner is located, which is within 500 feet of this property. There are two parking spaces in the rear of the building that currently are used for tenants, but they are not reserved and are given out on an ad hoc basis. Included in the packet is a proposed easement agreement that will be a permanent easement for the property and restrict the parking for 268 Cabot Street. Gooding then explains the other change will be the calculation for the affordable housing requirement. Originally it was for 9 units with one unit at 80% AMI, now that the project is increasing to 11 units, they're seeking to use the one unit at 60% AMI provision. Gooding says with the addition of the two units that the applicant can provide the additional parking and 2 Beverly Planning Board Meeting Minutes August 21, 2018 affordable housing without making any changes to the site plan or operation of the property. She is hoping the Board will consider this a minor modification without a need for a Public Hearing. Gooding tells the Board that Aaron Clausen, Planning Director recommended review by Parking and Traffic Commission (P &TC). She then comments that Wynne told her to come to tonight's meeting to discuss the modifications to determine if the Board agrees that they are minor modifications. She adds, the applicant reached out to Bob Murphy and the Condominium Association for the neighboring property. The applicant was asked to show the Association there would be no change in topography. Hutchinson tells the Board that Clausen recommended the P &TC review the parking situation at 275 Cabot Street. She explains that won't happen until the P &TC meeting on September 11 in the morning, which is the same day as the next Planning Board meeting. She explains that it would be best to determine this evening if it is a minor or major modification so that they can schedule a Public Hearing if it is indeed a major modification. Mack asks if they are taking storage space from below the Atomic Cafe to add these two new units. Lutts comments that it was unused space. Mack then asks if the two parking spaces at 275 Cabot Street will be exclusively used for this property. Gooding tells him yes. Lutts comments that random people are currently parking there from that building. Mack asks if it affects current requirements for 275 Cabot Street. Gooding tells him it does not. Matz asks about the changes including the windows that will be in the alley and what is there currently. Gooding tells him it is just a wall right now. Lutts says that the grading of the alley way is steep, with a fence at the street, and it slopes enough that they won't have to change the grading. Matz comments that if the footprint of the building is not changing and then going from 9 units to 11 units, then that will be a 20% increase to the scope of the project. Gooding tells the Board that this project is allowed as of right and that they didn't need any relief for the use. Gooding comments that whether it is 9 units or 11 units, it's a change in intensity but it's not a change in the nature of the scope of the relief which was granted as part of the site plan review. They are not expanding it in a substantial way. Mack asks if the windows are going to be facing the other condos or are they lower than the commercial building. Lutts answers that they aren't looking into the other space and that it is about 10 feet above to get to the lowest commercial window. Barrett asks if this has been reviewed by the Fire Department. Wynne answers that it was reviewed by the Fire Department, Board of Health, Engineering Department, Design Review Board, and Parking and Traffic. Barrett asks if there are two egresses. Lutts comments that the building code also requires natural light in the apartments. The windows will not be egresses. There will be two egresses but they will be through the main building. Craft asks Gooding to show on the plan where the egress is. Gooding says they have no direct external egress from the units and she points out where the two egresses are located, through the main hallways. 91 Beverly Planning Board Meeting Minutes August 21, 2018 Hutchinson asks the Board if they feel the changes are minor. Barrett comments any of the input they would need would come from appropriate departments in the City to review, rather than abutters. He suggests continuing the issue until they hear from other Boards and Commissions, noting they may have conditions to request. Mack comments that in regards to the Fire Department, if it's not up to code then they won't get a building permit. He thinks that it's ripe to determine if it is minor or major and that any changes would be if they were to add conditions to approval of the site plan review. Mack says they could continue the whole thing or deem it minor now and vote on proposed modifications at next meeting once they hear back from the other City departments. Hutchinson says there is a possibility that an issue arises that would cause them to deem it a major modification at the next meeting, and then they would need to schedule a public hearing for a future meeting. Gooding comments that she thinks it would be appropriate for them to continue to the meeting on September 11 without scheduling a Public Hearing. Barrett says that it feels minor, but agrees that there is no rush to determine it minor tonight. Wynne comments that if it is deemed a major modification on September 11 then it will not be able to be scheduled to the September 25 meeting and would have to be scheduled on the October 16 meeting for a Public Hearing. Lutts then asks for a consideration tonight. Hutchinson asks how other members of the Board feel. Flannery comments she would deem it minor. Matz also comments that he would deem it minor. Craft agrees. Mack: Motion to deem that the proposed modifications are minor in nature. Flannery seconds the motion. The motion is approved (6 -1 -1, Hutchinson opposed, Boesch abstains). Mack: Motion to continue the discussion on the proposed modification to the September 11 2018 meeting. Flannery seconds the motion. The motion is approved (7 -0 -1, Boesch abstains). Request to Set Public Comment Period and Public Hearing: Open Space Residential Design (OSRD) Site Plan #11 -18 — Yield Plan & Initial Review — Create a new private way (or common driveway) with 4 new residential lots /units — Hickory Street Realty Trust Wynne tells the Board that this is a triangle parcel on Grover Street, adjacent to houses on Thaxton Road. She explains the access will be coming off the Thaxton Road "stub," which provides emergency access only to a project being constructed in Wenham. Hutchinson asks if it is okay to put this on the September 11, 2018 meeting. Mack: Motion to set Public Hearing and Public Comment to September 11, 2018 meeting. Flannery seconds the motion. The motion is approved (8 -0). rd Beverly Planning Board Meeting Minutes August 21, 2018 Approval of Minutes (as available): May 30, 2018; June 19, 2018 Hutchinson tells the Board they will be reviewing minutes for May 30, 2018 and June 19, 2018. Matz makes some suggested changes for May 30, 2018 minutes. On page 5 it says "joined a 20- foot drain," and asks if they meant 20 -inch drain. On page 6, half way down, beginning with "Griffin says," it says, "he hopes the applicant can mediate the clear cutting and do something to mediate that the clear cutting." He suggests striking out the first mention of mediate the clear cutting. Flannery comments that on page 2, paragraph 3, "Flannery clarifies that plaza visitors" should be employees. Hutchinson asks if the Board had a chance to review the June 19, 2018 minutes. Matz: Motion to approve minutes for May 30, 2018, as amended. Mack seconds the motion. The motion is approved (7 -0 -1, Boesch abstains). Boesch: Motion to approve minutes for June 19, 2018. Barrett seconds the motion. The motion is approved (7 -0 -1, Mack abstains). New /Other Business a. Hutchinson asks Wynne about the Livingstone Avenue Project and if she expects the report to get to them by the end of the month. Wynne tells her that she hopes to get it out by then. Hutchinson tells her the earlier the better for them to review it. Hutchinson asks if anyone has done a site visit yet. It is not required but she recommends everyone stop by. Adjournment Mack: Motion to adjourn the meeting at 7:38 pm. Flannery seconds the motion. The motion approved (8 -0).