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12-18-18 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: December 18, 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 7:03 p.m Hutchinson announces that Planning Board members David Mack and James Matz will be stepping down from the Planning Board. She thanked them both for their contribution to the Board and the City of Beverly. Subdivision Approval Not Required Plans a. 398 -400 Essex Street — James G. Angelakis, Essex Street Associates Limited Partnership Materials added into the record: • Planning Department Staff Report • Form A: Application for Endorsement of Plan Believed Not to Require Approval, dated 12/10/18 • Zoning Board of Appeals Variance Decisions: recorded 8/25/83, 3/23/87, and 3/26/69 • "Plan of Land in Beverly, MA," 398 -400 Essex Street, Beverly Massachusetts, 01915, scale 1 " =40', dated 12/10/18, prepared for Essex Street Associates LP, 400 Essex Street, Beverly MA 01915, prepared by Hancock Associates, 185 Centre Street, Danvers MA 01923. • Email from Steve Frederickson dated 12/13/18 The ANR shows the division of one 6.6 -acre lot into two lots, one of 5.25 acres and the other of 1.4 acres. The parcel is subject to three prior variances, including for commercial use in a residential district (use variances are no longer permitted in R Districts); more than one building on a lot in residential district; and parking relief. John Hayden of Rackemann, Sawyer, & Brewster, 160 Federal Street, Boston, on behalf of the applicant tells the Board that this property has had two buildings since the 1980's and the owner is looking to sell one of the buildings. Hayden then comments that Lot 2 is the property being sold. He tells them that both buildings have plenty of frontage on Essex Street and they are looking for an approval not required endorsement of this plan. Beverly Planning Board Meeting Minutes December 18, 2018 Hutchinson asks why the access to Lot 2 has an easement as opposed to access off of Essex Street. Hayden explains that is the plan because the driveway is already there, instead of having to cut down trees and creating another entrance to the road, it is easier to use the current access available through the easement that will be included with the title to Lot 2. Hutchinson asks if the easement has been created. Hayden explains that Lot 2 hasn't been created yet, but when it is the easement will provide that access. Matz asks if there is currently only one existing building. Darlene Wynne tells him there is one building on each proposed lot. David Mack: Motion to endorse as Subdivision Approval Not Required. Ellen Flannery seconds the motion. The motion is approved (8 -0). Approval of Minutes (as available): September 25, 2018, October 16, 2018 No discussion on the September 25, 2018 meeting minutes. Flannery: Motion to accept the September 25, 2018 meeting minutes. Allison Kilcoyne seconds the motion. The motion is approved (7 -0 -1, Matz abstains). The Board discusses the minutes for October 16, 2018. Flannery asks for clarification on page 4, paragraph 3, as well as page 5, paragraph 6. Flannery: Motion to accept the October 16, 2018 meeting minutes as amended. Boesch seconds the motion. The motion is approved (6 -0 -2, Mack and Kilcoyne abstain). Recess for Public Hearings Flannery: Motion to recess for Public Hearing. Mack seconds the motion. The motion is approved (8 -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 Materials added into the record: • Extension of Time Request form • Response to Comments letter from Robert Griffin, Griffin Engineering, dated December 17, 2018 • Revised Project Plan Set, dated December 17 and 27, 2018 (sheets vary) • Revised Stormwater Report, dated December 27, 2018 • Data Plots & Summary Letter, dated August 7, 2018 Wynne tells the Board that she received a request to continue the matter until the next meeting on January 15, 2019 and to extend the period of time required for the Board's review until Beverly Planning Board Meeting Minutes December 18, 2018 January 31, 2019. The applicant's engineer has completed an updated drainage study and have made additional changes to the plans and they were submitted to the Board earlier that week for review. The Peer Review consultant will review them and then report back to the Planning Board. Wynne adds that with the recent resignations, they will only have six eligible people to vote on this project. Hutchinson asks if they will receive the Peer Review comments and revised plans by the January 15 meeting. Wynne says that she will follow up with the applicant. The Conservation Commission meeting is on January 10 and they are hoping to have it reviewed by then, but unfortunately, this may be extended longer than that. Kilcoyne: Motion to continue Public Hearing to the January 15, 2019 regular meeting. Boesch seconds the motion. The motion is approved (8 -0). Boesch: Motion to extend deadline for Board action to January 31, 2019. Flannery seconds the motion. The motion is approved (8 -0). Matz: Motion to reconvene meeting. Flannery seconds the motion. The motion is approved (8 -0). Extension Request: Special Permit #152 -16 — 50 Dunham Road — Vitality Senior Living, LLC Materials added into the record: • Letter from Miranda P. Gooding, Glovsky Counselors -at -Law, dated 12/6/18 • Planning Department Staff Report The Planning Board approved Special Permit #152 -16 and Site Plan Review 9126 -16 for the site on December 20, 2016, with a decision issued on January 3, 2017, for a proposed 135,000 s.f., 4- story building to house 118 assisted living units with associated common areas and services, a 52 -car garage, and 6,000 s.f. ground floor commercial space. The Special Permit is set to expire on January 2, 2019 if substantial use or construction have not commenced. The applicant is requesting an extension for a period of 6 months, until July 3, 2019. Miranda Gooding on behalf of Vitality Senior Living, LLC tells the Board that this is a request for a 6 -month extension of a special permit granted by the Board previously for the proposed assisted living development for Dunham Ridge. The special permit allows a reduction of the parking requirement under the ordinance for this use. This project was supposed to start already, but it has been delayed due to circumstances of their other developments around the country. They are actively pursuing a purchaser who would also be an experienced senior living company and are in talks with someone right now so they are requesting to extend the special permit for an additional six months. Mack: Motion to grant request for extension of special permit to July 3, 2019. Barrett seconds the motion. The motion is approved (8 -0). Beverly Planning Board Meeting Minutes December 18, 2018 Request for Planning Board Recommendation: Off Street Parking Determination for Enterprise Rent -A -Car — 199 & 211 Rantoul Street — Beverly Crossing, LLC Materials added into the record: • Letter from Thomas J. Alexander, Alexander & Femino, dated 12/10/18 • Technical Memo: Parking Demand Evaluation from Rebecca L. Brown, P.E., P.T.O.E., GPI, dated 11/8/18 • Parking Allocation Plan for 199/211 Rantoul Street, dated 11/8/18 • Planning Department Staff Report The applicant is seeking a recommendation/determination from the Board regarding the parking requirement for a use not cited in the Off - Street Parking Requirements in Section 300 -59E of the Zoning Ordinance. The use in question is for a rental car business. Thomas Alexander with offices at 1 School Street, Beverly on behalf of the applicant tells the Board that under their parking ordinance there is a provision in the zoning code that provides an opportunity for the Planning Board to review uses not listed in the parking table and recommend to the Building Inspector on what uses are appropriate. Alexander explains that the project is Enterprise Rent -A -Car which is really not a retail use. In the proposed location, they would have 1100 s.f. of office space requiring 8 parking spaces, 2 of which would be devoted to cleaning and washing of the vehicles and the other 6 are for storage. He comments that the storage is not always in those spaces and the spaces are used by people associated with the business. The customers are sporadic and they normally have about 12 customers a day, but 50 -60% of that are off -site customers, such as repair places and body shops. The rented vehicle sometimes gets used by the employee to pick up customer at auto body shop, which averages about 6 customers or so a day. Alexander shows the Board a chart and points out the areas where the required spaces are located, including the 6 spaces for parking and the 2 spaces for storage and clean up. In addition, there are three spaces on the street that can be used for the car rental use. There are 9 spaces that are available at all times. He adds the employees will use the storage or on- street spaces. The off - street spaces would be designated with signage stating by use only by Enterprise Rent -A -Car customers and employees, all others will be towed. Hutchinson asks Alexander about the three spaces in the front. Alexander tells her that they are public spaces and they cannot restrict them. Alexander comments that the applicant will have more than adequate space for parking. He then tells the Board that Chris Koeplin of Windover Ford, Rebecca Marcinkevich, of Enterprise Rent - A -Car, and Rebecca Brown of GPI, the traffic and parking consultant, are present at the meeting. Mack asks how they are claiming the right to the 3 spaces on the street. Alexander tells him that they are not claiming the spaces but that they can count the City spaces into their calculation. Wynne comments that they are trying to get a Planning Board recommendation for the Building Inspector, either a space per square footage or number of spaces that are required to serve the Beverly Planning Board Meeting Minutes December 18, 2018 use. She says that the 8 spaces are storage, and not to be used for a retail purpose. Alexander comments that the 8 spaces devoted to storage should be allowed to be used and counted towards the requirement for parking. Kilcoyne asks if they are counting the employee that works for Rand Adjusting into their employee count. Marcinkevich comments that they are not sure if they will be accommodating that role at the new location. Flannery asks, what is the average number of cars stored on -site on a daily basis. Marcinkevich comments that there is no actual storage. They like to have 4 -5 vehicles on -site each day. They don't keep an inventory, but they could have as many as 5 daily. Wynne asks what is the most number of vehicles that they would have on -site. Marcinkevich comments that they have a fleet of drivers that cover the area, and they will move vehicles off -site to bigger lots that would be able to accommodate them if needed. Matz asks if there is a sufficient number of parking spaces for residents. Alexander answers yes. Matz then asks if there are 26 on street parking spaces for commercial use and residential. Alexander comments that the residential spaces are on -site and the off -site ones are designated for commercial use. Matz comments that the ordinance requires 157 parking spaces and the applicant only has 154. Hutchinson asks for more clarification with the number of parking spaces from the current use and how Enterprise will change the need. Alexander comments that the space Enterprise Rent -A- Car is currently using is considered retail. The Building Inspector asked the applicant if they store some vehicles on -site and told them that should be considered as storage and not parking. In addition, they have to provide 1.7 spaces for the storage. He comments that would require 5.9 spaces which averages to 6, so they have 8 spaces but are not allowed to count those because the Building Inspector is counting them as storage. Alexander tells the Board that they are only considered storage for small periods of time. Alexander comments that rest of the space on the first floor level is retail space and if they did the retail calculation they would have 3 extra spaces. But they are required to not use 8 of their spaces for parking because they are being designated as storage. The applicant is asking to use those spaces as both storage and parking. Alexander comments that they need an additional 1.7 spaces because of the storage situation. Barrett comments that they could consider them to have 8 on -site parking spaces with everything included as well as the 3 street parking spaces. Barrett is concerned that the on -site adjuster and their customers, would need a space to have car looked at. Chris Koeplin of Beverly Crossing explains that the way the property was designed was to create the flow of traffic onto Rantoul Street. There is a door on the side of the building where they can cue up a car, do an adjustment, but he doesn't think they need to dedicate a space for those purposes. Barrett comments that they can't control who drops off vehicles and asks what if a customer comes to drop off a car after hours and all of the spots are filled. Koeplin says the resident spaces are dedicated and they are not looking for relief on a shared parking situation. Beverly Planning Board Meeting Minutes December 18, 2018 Alexander believes that in the evening there is a likelihood that those resident spaces are not going to be used. Craft comments that these dedicated retail spots will most likely be used later on in the day. Koeplin comments that retailers are not requesting parking spaces. Koeplin tells the Board that they can give two of the spots away if needed for retail. Mack asks, what is the current size of Enterprise versus the proposed space. Marcinkevich explains that they do not have real inventory but usually have 4 -5 vehicles available for customers to choose from and that would be what the roughly 12 customers a day are returning and taking. They currently have 14 spaces in the back parking lot. They usually only have 1 -2 customers return vehicles overnight, but not normally every night or more than that. Usually it is after a holiday or snow storm, and they work with their driver crew to move vehicles if needed. Boesch comments that the current back lot has about a dozen vehicles. He asks how they made the determination that they only need 8 spaces for storage. Marcinkevich comments they do a lot of work with body shops, so sometimes the vehicles are at auto body shops and not in the back lot. So there aren't always 8 vehicles in those spots. They have locations in Salem, Danvers, and Gloucester, so vehicles can be moved to those lots if needed. They have a manager who can move vehicles if needed based on the number of rentals they have. Barrett asks if they can limit the number of vehicles that Enterprise is allowed to store on -site. Koeplin comments that there are spots designated for Enterprise and for the residents of the building with signage. Alexander comments that there is signage that the residential spaces are devoted to the residents. Wynne asks if each unit has its own specific space. Koeplin tells her that there is one per unit with specific space. Mack suggests that someone monitor the parking spaces. Boesch comments that their concern would be what if 10 people decide to drop their car off on the same day and there aren't enough spaces. Boesch comments that their current lot is much bigger in size than what they are proposing for this future location. Matz asks what happens if the Board doesn't believe there is sufficient parking spaces for this site. Hutchinson explains that the applicant is asking for a recommendation to the Building Inspector that the 6 parking spaces for vehicles being rented out and 2 spaces for clean- up /storage be deemed adequate for a rental car business. Wynne comments that they can recommend it or not, and they can also ask for more information from the applicant. Mack asks if they can condition that to the occupancy permit and if Building Inspector adopts the recommendation and the parking ends up not being adequate what happens. Can it be conditioned to the site plan, special permit, or occupancy permit. Wynne tells him it is tied to the occupancy permit. Alexander agrees. Mack comments that they can recommend a condition that they have the Building Inspector do a periodic review of sufficiency of the parking tied to the occupancy permit. Alexander comments they could make a condition that the spaces be reviewed by the Building Inspector and have some taken away if it's in violation of the occupancy permit. Beverly Planning Board Meeting Minutes December 18, 2018 Barrett comments that there are other alternatives to store extra cars with other lots in the City. Alexander suggests that they could make a minor modification to the special permit for that particular use and if they go over it, it could be a violation. Alexander explains it is a long term relationship with the landlord and a long term business in the City and provides an important function. In addition, it is close to the train station and some customers come to get a car at this location. He says it is less intense than a retail use in that area. Kilcoyne comments that Enterprise has a procedure in place that if extra cars show up later in the day they can contact their drivers to pick them up and the extra cars will only be stored for a short period of time. Marcinkevich comments that most drivers are within an hour from the site. Wynne asks for clarification on the report that says vacant residential spaces are free to use if needed. Koeplin tells her that they are not looking for shared parking but there will always be spaces that aren't used when they have vacant units so they could utilize those spaces. Wynne comments that would require a special permit. Wynne asks how Enterprise will know there is excess inventory of spaces for them to use. Alexander comments they have a 4% vacancy rate at any given time. Wynne then asks for clarification about how the 6 and 2 spaces designated for Enterprise could be used for other uses. Alexander explains that if all the vehicles are out for the day, it will be designated strictly for storage or employee parking for Enterprise. Mack: Motion to issue the requested recommendation to the Building Inspector, that the 6 spaces for vehicles being rented out and the 2 spaces for cleanup /storage are adequate for the proposed rental car business use, with the following additional recommendations: (1) that the Building Inspector strongly consider a monitoring and recording mechanism to ensure the allocation of eight spaces is sufficient for the proposed use; and (2) that the Building Inspector consider conditioning any occupancy permit or the renewal of an occupancy permit on such reporting mechanism. Barrett seconds the motion. The motion is approved (7 -1, Hutchinson opposed). Construction Completion & Bond Release — Open Space Residential Design (OSRD) Site Plan & Definitive Plan —122 Cross Lane (n/k/a Greening Way) — Benco, LLC Materials added into the record: Plan Recorded with Land Court: "Plan of Land, 122 Cross Lane, Beverly, MA" Being a Subdivision of Lot shown on Land Court Plan 18383A, prepared for BENCO, LLC, scale F =30', dated 11/23/16, prepared by American Land Survey Associates, Inc., 42 Cherry Street, Gloucester, MA 01930, recorded as Plan Book 457, Plan 84 at the Essex South Registry of Deeds. "AB -1: As -Built Site Plan for Certificate of Compliance," scale F =20', dated 10/10/18, prepared for BENCO, LLC, prepared by Griffin Engineering Group, LLC, 495 Cabot Street, 2n Fl, Beverly, MA 01915. Planning Department Staff Report The applicant is seeking a construction completion determination and bond release related to the OSRD Site Plan and Subdivision, which was approved in September 2016. The OSRD plan set Beverly Planning Board Meeting Minutes December 18, 2018 was never recorded at the South Essex Registry of Deeds (only a single page subdivision plan was recorded, subject of 1/3/17 modification by the Board) recorded in Book 457 Page 84 and as registered land at Plan #18383A. The project is a combination of recorded and registered land. The OSRD plan set should have been recorded, as is typical and noted in the decision letter. The Board will have to attest that the OSRD plan set has not substantially changed before that plan set can be recorded, because it has been longer than 6 months. Wynne comments that the project was done last year, but the Open Space conveyance procedures had not been met during that Council cycle. The Council did approve the conveyance of the 60,000 s.f. parcel of Open Space, but the applicant had never recorded the OSRD Site plan. They normally record this plan because it contains the full detail of everything that the Board approved whereas a land court plan may only include the lot lines created. They have agreed to do that now, but if it is not recorded within six months, then the Board needs to certify that the plan has not changed before the Registry of Deeds will accept it. Then they can take that letter and record the mylars that were already signed in 2016 by the Board. She adds the Board needs to affirm that they have made minor modifications but they don't relate to lots in the subdivision. The lot lines haven't changed, but the tree boundaries changed and some other changes were made. The Open Space has stayed the same. The applicant is also seeking the Board deem the construction complete and release the performance bond. She recommends that the release of the bond be conditioned on the applicant recording the plan. Wynne reads the certificate approved by the Planning Board. Barrett: Motion to certify that the OSRD Site Plan and Definitive Subdivision Plan have not changed substantially since the Board's October 18, 2016 approval and to execute a Planning Board Certificate in accordance with MGL Chapter 41 Section 81X. Flannery seconds the motion. The motion is approved (8 -0). Barrett: Motion to deem construction of said OSRD Site Plan and Subdivision complete and to release, in its entirety, the performance bond posted as surtey to guarantee the completion of the subdivision, secured by a Tri -Party agreement between the City of Beverly, Benco, LLC, and BankGloucester, in the amount of $34,560, subject to the following conditions: (1) That the performance bond shall be released only after the applicant records, and provides evidence of such to the Planning Department, the "OSRD Site Plan & Definitive Subdivision Plan for Greening Way (1ka 122 Cross Lane), Map 33 Lot 6A & 7, Beverly, MA" 6 sheets; all drawn by Griffin Engineering Group, LL C, 495 Cabot Street, 2 " Fl, Beverly, MA 01915, dated 6113116. (2) Subject to the applicant, or its representatives, referencing said recording of the above plan to the following documents: Plan of Land 122 Cross Lane Beverly, MA recorded at Book 457 Plan 84. (3) That the Homeowner's Association Bond in the amount of $10,000 be renewed and transferred to the HOA. Craft seconds the motion. The motion is approved (8 -0). Beverly Planning Board Meeting Minutes December 18, 2018 New /Other Business a. Matz mentions the open position on the Community Preservation Committee. Hutchinson comments that they should vote for someone from the Board to replace Matz. Matz comments that on Thursday, December 20 they can stop by and observe the meeting. Adjournment Mack: Motion to adjourn the meeting at 8:30pm. Matz seconds the motion. The motion is approved (8 -0).