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11-20-18 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: November 20, 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, James Matz Members Absent: David Mack, Wayne Miller Others Present: Darlene Wynne Assistant Planning Director, Aaron Clausen Planning Director, Emily Hutchings Associate Planner Recorder: Samantha Johanson, Recording Secretary Chair Ellen Hutchinson calls the meeting to order at 7:01 p.m. Subdivision Approval Not Required Plans a. 320 Essex Street and Meadow Road — MPM Companies, LLC Materials provided into the record: Form A: Application for Endorsement of Plan Believed Not to Require Approval, dated 11/12/18. "Plan of Land" scale 1 " =20', prepared for MPM Companies, 320 Essex Street and Meadow Road, Beverly, MA, prepared by LeBlanc Survey Associates, 161 Holten Street, Danvers, MA 01923, dated 11/12/18. Planning Department Staff Reports The applicant is seeking ANR endorsement to create 3 lots (2 new) and 1 unbuildable parcel from the combination of Parcel 57 -68 (Meadow Road) and Lot 57 -9 (320 Essex Street). Meadow Road and Essex Street are public ways in the City and the proposed new lots front directly on these ways. Each of the 3 lots proposed has sufficient frontage ( >125') and area ( >15,000 sf). Robert Griffin of Griffin Engineering shows the Board the plan and tells them there is a parcel of land that is controlled by FDIC and it was an unbuildable parcel when it was part of the Meadow Road Subdivision back in the 1980s. MPM Companies LLC owns the remainder of the land, which has more than 125 feet of frontage and exceeds the R15 requirement. In addition, they have more than 125+ feet of frontage on Meadow Road. They currently have 3 buildable parcels and they are leaving 1 unbuildable lot by the stream. He says each lot conforms to the R15 requirements except for the unbuildable parcel. There are no wetlands on the land. Hutchinson asks Griffin about the updated application as a result of title search. Griffin tells Hutchinson it was done by an attorney in Peabody. Thomas Alexander tells Hutchinson that he had hired a title examiner to do it. Ned Barrett asks if there are any back taxes on the property. Griffin tells Barrett that he is aware of that. Barrett comments that the Planning staff will be looking for a condition on the approval Beverly Planning Board Meeting Minutes November 20, 2018 of this that includes payment of those outstanding taxes. Alexander comments that the applicant would have to pay off the FDIC before they even get the title. Hutchinson asks Darlene Wynne if that is acceptable to the Planning Department. Wynne comments it appears there is commitment to pay the taxes at the time of the Purchase and Sale. She explains that if it is not done, then the lien will remain on the property. Barrett asks if there will be a conveyance in the plan and Griffin tells them that the plan is to convey the strip of land from the FDIC to the MPM Companies, LLC into two new parcels. Alexander comments that the City didn't know who owned the property. He found out that the FDIC owned it and they informed the City. Barrett asks if they want to do anything with the land will they have to pay off the back taxes. Alexander comments that yes they would have to pay it off otherwise they couldn't have the title. Barrett: Motion to endorse as Subdivision Approval Not Required. Ellen Flannery seconds the motion. The motion is approved (7 -0). b. 16,18 Doane Avenue— Kerrie L. Douglas E. Feener Materials provided into the record: • Form A: Application for Endorsement of Plan Believed Not to Require Approval. • "Plan of Land 14 & 18 Doane Avenue, Beverly, Massachusetts" scale F' =20', prepared by Atlantic Engineering & Survey Consultants, Inc., 97 Tenney Street, Georgetown, MA 0 183 3, dated November 13, 2018. • Planning Department Staff Report The applicant is looking to adjust lot lines on two existing lots with each lot containing an existing residential structure. The property previously received ANR endorsement in June 2017 and September 2017, for a different area of the lot. The plan will create a 3,703 sf non - buildable parcel from a portion of 14 Doane Avenue to be deeded to 18 Doane Avenue. Wynne comments that the applicant was unable to attend the meeting and notes that the Board has seen this property before. She tells them that they are looking to transfer Parcel Y from the main lot to Lot 1B. It will be an internal lot line change so it doesn't relate to frontage. Hutchinson asks if it meets all the requirements. Wynne tells her that it is a lot line change and not establishing new frontage. James Matz asks what the difference is this time as opposed to when the plan was before them last time. Wynne answers that previously they were looking to build on an addition on the left of the property and they had needed more lot area to meet setback requirements. Hutchinson then asks if the side setback should be 15 feet for R10. Wynne tells her yes. Matz asks if anything is nonconforming and are there any concerns. Wynne answers no. 2 Beverly Planning Board Meeting Minutes November 20, 2018 Barrett: Motion to endorse as Subdivision Approval Not Required. Flannery seconds the motion. The motion is approved (7 -0). Recess for Public Hearings Flannery: Motion to recess to Public Hearing. Matz seconds the motion. The motion is approved (7 -0). Continued Public Hearing: Livingstone Avenue Definitive Subdivision Plan (7 Porter Terrace — Livingstone Avenue — Extend existing roadway and create 3 new residential lots — 7 Porter Terrace LLC Wynne tells the Board that the applicant is requesting a continuance and extension of time for Board to take action. They are looking to continue to the December 18, 2018 meeting, with the final review period to be extended to December 31, 2018. She notes the project is on the agenda for the Conservation Commission meeting on November 27, 2018. The Planning Board had requested that the applicant go through the Conservation Commission before they made a final decision. Barrett: Motion to continue the Public Hearing to the December 18, 2018 regular meeting and extend the deadline for the Board to review the application to December 31, 2018. Flannery seconds the motion. The motion is approved (7 -0). Public Hearing: Waiver of Frontage Requirement & Definitive Subdivision — 26 Porter Terrace — create 1 new lot with inadequate frontage — Derek A. Hurley Materials provided into the record: • Form A -1: Waiver of Frontage application, dated 10/8/18 • Form C: Definitive Plan application, received dated 10/25/18 • "Plan of Land at 26 Porter Terrace, Beverly, Massachusetts," scale 1 " =20', dated 10/5/18, prepared for Derek A. Hurley, 26 Porter Terrace, Beverly, MA 01915, prepared by Atlantic Engineering & Survey Consultants, Inc., 97 Tenney Street, Georgetown, MA 01833. • Decision on Variance by Zoning Board of Appeals, dated 9/6/18. • List of Waivers requested from the Subdivision Rules and Regulations • Memo from William Burke, Director of Public Health, dated 11/1/18 • Letter from Lisa A. Chandler, PE, Engineering Department, dated 11/15/18 • Letter from Tony DiRuzza, Beverly Police Department, dated 10/30/18 • Planning Department Staff Reports Wynne reads the Public Notice. The applicant is seeking to create two lots from one lot. Both lots will have less area and less frontage than required by the R -10 Zoning District. They are requesting a Waiver of Frontage (which also requires a Definitive Subdivision Plan application) from the Planning Board. The existing lot has 50' of frontage and 11,000 s.f. in total area; Lot Al will retain 50' of frontage Beverly Planning Board Meeting Minutes November 20, 2018 and be reduced to 5,500 s.f in area. The new lot created (Lot A2) will also have 50' of frontage and 5,500 s.f. in area. Thomas Alexander, 1 School Street Beverly, tells the Board that this is a subdivision in Ryal Side which is bordered by Kernwood Avenue and Porter Terrace. The neighborhood resulted from an 80 lot subdivision that was created in 1912. Almost all of the lots have 50 feet of frontage and 5,000 s.f. of area, except for the one they are there for, which is owned by the Hurley's. He notes the lot has 50 feet of frontage on two public streets, one of which is Porter Terrace, where their existing house is, and the other on Kernwood Avenue, 200 feet away from where their house is. Alexander explains they went before Zoning Board of Appeals (ZBA) to request a variance for reduced lot size and frontage, to allow a buildable lot to be created. The process also requires them to get a Waiver of Frontage from the Planning Board. Alexander tells the Board that 19 neighbors signed a petition in support of this, presented at the ZBA meeting. There are 32 houses within 300 feet of this property that have 50 feet of frontage so it will be similar to the others in the neighborhood. He notes the Subdivision Rules and Regulations are concerned with building new roads and that they are not building new roads because the lot is on an existing public way. The determination for the frontage provided will allow access to this property for public safety and emergency services. Alexander comments that the City Engineering Department wrote a comment letter and they are willing to except those recommendations as conditions with this decision. Hutchinson comments that in the minutes of the ZBA, the applicant agreed to a maximum height of the house to 30 feet. Alexander comments that the decision says it is subject to conformance of the plans shown. Hutchinson comments that a neighbor was concerned about drainage and potential water. Alexander comments there is a provision for drainage on the site and they have worked that out with the Engineering Department. Flannery: Motion to close the Public Hearing. Zane Craft seconds the motion. The motion is approved (7 -0). Hutchinson reminds the Board to review the waivers that can be used as conditions in the decision. Flannery: Motion to grant a Waiver from Frontage Requirements and approve a Definitive Subdivision Plan, granting all of the waivers as requested in the attached letter, to the extent shown on the plan, and subject to the following conditions: (1) That water /sewer connection permits are required. A Water Demand Fee will be assessed based on Domestic Line sizes at the Foundation at the Building Permit Phase. (2) That As -Built drawings shall be submitted. The Engineering Department requires the delivery of AutoCAD "as- built" drawings upon completion of the building and utility work. These drawings shall also be delivered in .pdf format, stamped by a Licensed Professional Engineer, generated directly from the electronic AutoCAD files_ These drawings shall be delivered 4 Beverly Planning Board Meeting Minutes November 20, 2018 prior to the sale /installation of the required water meters. (3) That Erosion Control and Drainage Alteration Permits will be required prior to construction. (4) That all construction is subject to quality control testing at the discretion of the Engineering Department, at the expense of the Contractor /Developer /Owner. This includes but is not limited to: Sieve Analysis, Compaction Testing, Slump Tests, Corings, Borings, Pressure Testing, Water Quality Testing, and CCTV Inspection. Testing may be requested prior to, during, and following placement of materials. Any defects or deficiency identified will require repair or remediation prior to acceptance (i.e. Street Acceptance, Certificate of Occupancy, Certificate of Compliance)_ Allison Kilcoyne seconds the motion. The motion is approved (7 -0). Discussion /Decision: Amendment to the Beverly Zoning Ordinance - Order #213 Establishing Land Use Categories & Regulations for Mariivana Establishments The Beverly Planning Department's Planning Director, Aaron Clausen presented proposed changes to the Proposed Zoning Amendment, which was initially discussed at a joint public hearing with the Beverly City Council on November 5, 2018. Hutchinson tells the Board that they will determine whether or not to recommend the Proposed Zoning Amendment to City Council. Wynne comments that James Matz and Allison Kilcoyne were both absent the night of the Joint Hearing with City Council regarding this matter and have both certified that they have reviewed the evidence, including the video, pursuant to the Mullin Rule and therefore eligible to vote. Aaron Clausen, Planning Director, reviews some of the recommended recommendations to the amendment. They have two proposed changes that they are suggesting to go into the amendment. Clausen comments that they have made a change on page 7, Section B, paragraph 2 and what would trigger a special permit. The second change on page 11, was regarding the application process and what needs to be submitted to begin that process with the Zoning Board of Appeals. They want to include a provisional license to be an applicable or eligible application component of the final license. This would indicate that the Cannabis Control Commission (CCC) has had an opportunity to review the license application and has given a provisional pre - approval. They can proceed to construction once they have local entitlements in place. They would at least need a provisional license from the CCC. William Boesch asks if the applicant can start the process sooner but they will ultimately need a final license. Clausen tells him yes. Clausen tells the Board that while preparing for the meeting there were a few other minor changes made to the amendment. On page 2 under the definition for Craft Marijuana Cooperative regarding the last sentence that reads: "A cooperative is licensed by the CCC to cultivate, obtain, manufacture, process, package, and brand cannabis or marijuana products to transport marijuana to Marijuana" should be changed to "to transport marijuana to marijuana establishments." Beverly Planning Board Meeting Minutes November 20, 2018 Clausen notes a change on page 8, paragraph 6, which reads "30 calendar" and it should say "30 calendar days." He comments that as part of the process as soon as the application was received by the Zoning Board of Appeals that it has to be distributed to City departments and this will establish a timeline of when it needs to get back to the Zoning Board of Appeals. Hutchinson comments about the Microbusiness definition on page 4 and how it does not have an actual definition. Clausen tells her that is supposed to be the definition of Microbusiness. Clausen explains that a Microbusiness under CCC regulations is encouraging them to set up a type of marijuana establishment on a smaller scale. It allows an establishment that co- locates a cultivator, manufacturer, producer, production facility that produces less than 2,000 lbs. of marijuana a year. So that means it will be establishing a microbusiness based on scale of the product they make. Clausen explains that it is important under the CCC guidelines equity policy to support small business development. They are hoping to not have just cannabis companies dominating the market. There is a process with the CCC where they can accept these license applications from companies that will have this scale of business. So that definition is geared more towards that particular licensing process and they want to make sure that the zoning aligns with various types of marijuana establishments created by the CCC. So they don't distinguish the microbusiness use from a typical marijuana production facility as its been zoned in terms of location. Kilcoyne asks if the businesses doing the dispensing and selling, if there is no consumption on site. Clausen says that there is no onsite consumption under the zoning ordinance. However, the CCC regulations may allow it in the future. Kilcoyne then asks about the 3% tax that goes back to the City and how it is decided about where that money is reinvested back into the City. Clausen comments that the 3% sales tax and limitation of the total number of retail facilities is separate from zoning, and it was submitted the same night to City Council for consideration. Clausen tells Kilcoyne the 3% tax would go right into the City's general account. Through the host agreement process the City could negotiate impact fees up to 3% of gross sales of that facility. However, that 3% could go towards things like education and preventing drug use. Hutchinson asks about page 8, under the Peer Review in section 7, that it mentions "The Zoning Board of Appeals and /or Planning Board may require an applicant to pay for reasonable consulting fees to provide peer review of the application or subsections of the application for a Special Permit, pursuant to M.G.L. c. 44, §53G and /or any other applicable law. Hutchinson then asks if site plan review wouldn't be part of the application process. Clausen comments it would be only if required under the current triggers in the zoning ordinance. Hutchinson then asks about CCC guidance about equitable cannabis policies for municipalities and does that have any impact on zoning and what the City is trying to accomplish. Clausen notes that a lot of people at the Public Hearing were encouraging the City to consider economic empowerment applicants, in particular with respect to waiver requests or buffers. He says the CCC is encouraging applicants who may have been a victim of the war on drugs, arrested for marijuana, etc. and so the CCC is opening up the door of empowerment to these communities. He says the City can't build a waiver with criteria around an applicant's makeup. The City has proposed buffer requirements between retail and RMD facilities to help prevent concentrations. The objective is to distribute the retail and RMD facilities throughout the City. He adds, the 11 Beverly Planning Board Meeting Minutes November 20, 2018 recommendations from the CCC involve the host community agreement process and how a community interacts with it. The CCC recommended with regards to zoning to not create too many buffers so not to restrict opportunities for locations of the facilities. So they don't want to overly restrict opportunities for locations for these facilities, because that could result in not having an environment to accept economic opportunities. Clausen believes they are in good shape with respect to proposed zoning districts and even though they have buffers between schools and retail and RMD locations the distribution is in larger areas that can be spread out. Matz asks if with all the buffers, even though 2,000 feet apart (about a 1 /2 mile), is there an idea of how many facilities it might entail. Clausen tells Matz that the number of facilities is based on 20% of liquor licenses in the City, which would be 4 total. The RMD facilities don't have that same limitation under the CCC regulations. Clausen comments that even with the buffer, they could locate 3 facilities downtown, in addition they could have 2 facilities in North Beverly on Route IA and at the airport which would still have a 2,000 -foot buffer. Flannery asks if there is no restriction on number of RMD's. Clausen tells her that is correct. Boesch asks Clausen how many inquiries about possible host agreements have they received. Clausen tells Boesch that they have had about 13 individuals inquiring about the zoning, timing, and expectations. Emily Hutchings, Associate City Planner comments that some of these individuals already have locations in mind. Clausen then adds that there is a wide variety of how far along they are all in the process. Boesch comments about a level playing field for applicants and how this will turn into a race to the finish with wanting a location in the same buffer zone. Boesch then asks what the plan is for controlling the process for all applicants because there may be ones that have more money and make things move faster in the process. Clausen says that they are still working out how to approach the host community agreement process. There is broad difference of where applicants are at with regard to concept and business plan and it is probably not a functional approach. Clausen then states that a lot of people are not interested in retail but looking to do production. He notes the buffer areas don't apply to the production facilities. The minimum requirement would be that they meet the special permit requirements and have the ability to meet the CCC regulations. Clausen then adds that there will be an initial meeting where they will lay out the process, and then review and negotiate. There will be a rush but not a rushed process. Kilcoyne asks about the prior reference at the Public Hearing about waiving buffer zones, and would it only be the 2,000 -foot buffer zone that is eligible to be waived or any of the buffer zones, and what Board would waive them. Clausen explains that the ZBA would look at the criteria of the waiver and it would center on distance between the facility and the land use that is existing that has a buffer around it. It would have to be 500 feet from parcel boundary to boundary. Clausen shows the Board on the plan an example of the 500 -foot boundary which would knock out some areas in the City. However, he notes there are some natural buffers that would fall within a 500 foot buffer, and on a case by case, they want to keep that option open. Matz asks about there being no use of the product at these facilities. Clausen tells him there will be no public consumption allowed. Matz then asks what someone would do in the event someone 7 Beverly Planning Board Meeting Minutes November 20, 2018 is consuming marijuana in public. Clausen says that it wouldn't be allowed and they can report it, but someone can smoke in their own backyard. Hutchinson tells the Board that they have the proposed zoning ordinance with the proposed amendments before them. There are three amendments made to the proposed order 1) Section B(2) clarification on what projects are subject to site plan review, 2) Section C1(1) the addition of the word final with regard to licenses needed for operation 3) Section F(2) either a provisional or a final license is acceptable for submission of the Special Permit applications, and two other scriveners errors that will be corrected. One being page 7, C(1), Zoning Appeals Board should be Zoning Board of Appeals and on page 8, C(6) 30 calendar should be 30 calendar days. Wynne adds that they are making a recommendation to City Council whether or not to adopt the ordinance. Barrett: Motion to recommend to City Council to adopt the proposed zoning ordinance with amendments and changes addressed in this meeting. Flannery seconds the motion. The motion is approved (7 -0). Request for Minor Modification ( #3) to Site Plan Review: Site Plan 4111 -13 — 50 Dunham Road (48) — Cummings Properties, LLC The Board approved a minor modification back in October 2018 for a site plan at 50 Dunham Road, which was originally approved in July 2013 for the construction of a 5 -story mixed use building and a 5 -story open parking structure. Wynne tells the Board they received a letter from Cummings Properties, LLC that they are withdrawing their modification request from tonight's agenda and they will submit a full site plan application for 44 Dunham Ridge at a later date. The letter also notes that the property may be sold to a Y party in the future. Barrett: Motion to accept withdrawal of request without prejudice. Flannery seconds the motion. The motion is approved (7 -0). Open Space Residential Design Site Plan (OSRD) #8 -15 and Definitive Subdivision Plan — 11 -15 Sunnvcrest Avenue (Sunnvcrest Circle) — Acceptance of Irrevocable Letter of Credit as Performance Bond — PD Building, LLC Materials provided into the record: • Planning Department Staff Report • Email from Sean Ciancarelli, Assistant City Engineer, dated 11/6/18 • Letter entitled Cost -to- Complete Estimate, Sunnycrest Circle, by Robert Griffin, Griffin Engineering, dated 11 / 1 / 18 • Letter from PD Building LLC, dated 11/6/18 • Draft Irrevocable Letter of Credit from Haverhill Bank dated 11/15/18, • Form H Release Form, to be executed • Form F Performance Bond E3 Beverly Planning Board Meeting Minutes November 20, 2018 The applicant is requesting the Board's acceptance of a Performance Bond in the form of a Letter of Credit for the remaining infrastructure, roadway, and lot construction at Sunnycrest Circle. Wynne tells the Board that they are looking to release the lots at this time. They have done some preliminary roadway construction but have additional roadway to construct. Therefore, the typical process is they exchanged the paper Covenant (Form G) for financial surety, and the applicant included an irrevocable letter of credit as the surety and the amount is estimated to complete the roadway part of the project for $61,509. The City Engineer has verified and agreed with the requested amount. Wynne tells the Board that she has the Letter of Credit from Haverhill Bank, Form G Covenant, and Form F which establishes the performance bond. Barrett: Motion to release the Form G Covenant as amended. Boesch seconds the motion. The motion is approved (7 -0). Barrett: Motion to accept the Form F and the Performance Bond, in the form of an Irrevocable Letter of Credit in the amount of $61,509 granted by Haverhill Bank. Flannery seconds the motion. The motion is approved (7 -0). Wynne comments that the letter of credit is only good until March 2019, it is their current mortgage commitment, so they will have to return with a new letter of credit. New /Other Business a. Confirm Planning Board 2019 Meeting Schedule Wynne comments that the proposed schedule has 15 meetings, with each about 3 weeks apart. Flannery asks how many meetings they had this past year, and Wynne tells her they had 18. Kilcoyne: Motion to accept the Planning Board 2019 Meeting Schedule. Craft seconds the motion. The motion is approved (7 -0). b. Matz comments that they need a new appointee from the Planning Board for the Community Preservation Committee. He would like for someone new to step up because he is the current Planning Board Community Preservation Committee representative. Matz comments that some of the topics they handle are Open Space, Historical Preservation /Restoration, Parks and Recreation, and Housing. The meeting is on the Y Thursday of the month from 7pm- 9pm. c. Wynne announces that David Mack and James Matz will be stepping down from the Planning Board. They are looking for replacements to fill those positions. Adjournment Barrett: Motion to adjourn the meeting at 8:14 pm. Flannery seconds the motion. The motion is approved (7 -0). PJ