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03-19-19 BPB MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES Board: Planning Board Meeting Date: March 19, 2019 Location: Beverly City Hall, City Council Chambers Members Present Chair Ellen Hutchinson, Vice Chair Ned Barrett, Sarah Bartley, Derek Beckwith, William Boesch, Alexander Craft, Ellen Flannery, Wayne Miller Members Absent: Allison Kilcoyne Others Present: Assistant Planning Director Darlene Wynne Recorder: Samantha Johanson, Recording Secretary Chair Ellen Hutchinson called the meeting to order at 7:02 p.m Subdivision Approval Not Required Plans a. None. Approval of Minutes (as available): November 5, 2018, February 5, 2019 Discussion on Planning Board Minutes from November 5, 2018; Ellen Flannery has submitted changes to Darlene Wynne. Flannery: Motion to approve November 5, 2018 minutes as amended. Wayne Miller seconds the motion. The motion is approved (6 -0). Sarah Bartley and Derek Beckwith abstain. Discussion on Planning Board Minutes from February 5, 2019. Flannery and Miller submit minor edits to Wynne. Flannery: Motion to approve February 5, 2019 minutes as amended. William Boesch seconds the motion. The motion is approved (8 -0). Flannery: Motion to recess to Public Hearing. Zane Craft seconds the motion. The motion is approved (8 -0). Continued Public Hearing: Livingstone Avenue Definitive Subdivision Plan (7 Porter Terrace) — 7 Porter Terrace, LLC Wynne tells the Board that the applicant is requesting a continuance of the Public Hearing because they have not yet been before the Conservation Commission, as the Board desired. Flannery: Motion to grant continuance of Public Hearing to April 30, 2019 and grant time extension to May 31, 2019. Boesch seconds the motion. The motion is approved (8 -0). Beverly Planning Board Meeting Minutes March 19, 2019 Continued Public Hearing: Special Permit #171 -19 — 31 Park Street — For relief from parking requirements under Section 300 -59D for a restaurant use — Backbeat Brewing LLC The applicant is preparing information to meet with Parking and Traffic and looking for an extension to April 9, 2019 meeting. Boesch: Motion to grant continuance of Public Hearing to April 9, 2019 meeting. Derek Beckwith seconds the motion. The motion is approved (8 -0). Public Hearing: OSRD Site Plan #10 -17 — Hickory Hill Way (f.k.a. 20, 30, & 40 Webster Avenue) — Permission to use the existing cart path located within Open Space Parcel 1 to provide temporary access and egress for the existing 20 Webster Avenue 5- family residence while the subdivision roadway is under construction — Hickory Hill LLC c/o Griffin En2ineerin2 Group LLC Wynne tells the Board that their application was denied by the Conservation Commission and they are requesting withdrawal of the application without prejudice. Ned Barrett: Motion to withdraw petition without prejudice. Craft seconds the motion. The motion is approved (8 -0). Miller: Motion to close Public Hearing. Flannery seconds the motion. The motion is approved (8 -0). Request for Minor Modification: Site Plan Review #134 -18 — 268B Cabot Street — relocate two (2) residential units from the ground floor to one each on the first floor and second floor, and thereby reducing the proposed non - residential space — Overlook Cabot, LLC Materials added into the record: Letter from Miranda Gooding, Glovsky and Glovsky, dated March 11, 2019 Plan Set: "268B Cabot Street" 268 B Cabot Street, Beverly, MA 01915, 2 revised sheets: A -1.1 First Floor Plan, dated December 21, 2018, scale 1/4 " =1' and A -1.2 Second Floor Plan, dated December 21, 2018, scale 1/4 " =1', all prepared for Overlook Cabot, LLC, 5 Briscoe Street, Beverly, MA 01915, prepared by Seger Architects, Inc., 10 Derby Square, Suite 3N, Salem, MA 01970 • Planning Department Staff Report, 268B Cabot Street Modification Miranda Gooding, Glovsky & Glovkky, 8 Washington Street, for the applicant, reminds the Board that this project has been approved and modified before the Planning Board. It is a 5 -story addition to the building at 268 Cabot Street, which houses the Atomic Cafe. They are looking to move two of the units that they had planned on having below the Atomic Cafe because the cafe was not amenable to the proposal. They are proposing to move the residential units to the ground and first floor of the new addition at the rear of the building, where commercial space had previously been shown. There will be no other changes to the original site plan. Hutchinson asks Gooding to point out the proposed changes on the plan. Beverly Planning Board Meeting Minutes March 19, 2019 Wynne asks if the proposed Atomic Cafe space is getting larger. Gooding says that the deck will be 3 feet wider. Hutchinson asks how much commercial space will be lost. Gooding tells her that the original plans had 630 sq. ft. on the ground floor and 750 sq. ft. on the first floor. Barrett asks about the original space where the units were going to be and will they remain undeveloped. Peter Lutts, owner Overlook LLC says that there are bathrooms and office space there currently used by the Atomic Cafe. Barrett then asks him how much longer their lease is. Lutts answers about 5 years with options. Miller asks if the exterior is unchanged. Gooding tells him that is correct. Flannery asks if there are any changes for Design Review Board to review. Gooding tells her nothing else is changing. Barrett: Motion to deem as a minor modification. Miller seconds the motion. The motion is approved (8 -0). Barrett: Motion to approve the minor modification. Miller seconds the motion. The motion is approved (8 -0). OSRD #02 -10 & Definitive Subdivision Plan for 875 Hale Street (n.k.a. West Beach Lane) — Release Covenant and Establish Performance Bond — Montrose School Park LLC Materials added into the record: • Letter from Jeffrey Rhuda, Montrose School LLC, dated 3/14/19 • Email from Sean Ciancarelli, Assistant Beverly Engineer, dated 3/8/19 • Performance Bond, with Exhibit A • Form H Release Form • Irrevocable Letter of Credit 9031903 issued by SalemFive, dated 3/12/19 • Conservation Commission Special & Standard Conditions, dated 6/22/2018 • Draft documents for review: • West Beach Lane Homeowners' Association Trust • West Beach Lane Restrictive Covenant, Easement and Agreement - Open Space • Quitclaim Deed • Planning Department Staff Report, 875 Hale Street • Planning Board Modification to Decision on OSRD Site Plan 902 -10, dated 4/13/18 • Planning Board Decision on OSRD Site Plan 402 -10, dated 6/29/11 The 6 -lot OSRD and Definitive Subdvision Plan was approved by the Board on April 13, 2018. Montrose School Park LLC is requesting the Board's acceptance of a Performance Bond in the form of an Irrevocable Letter of Credit for the remaining construction of infrastructure and roadway at West Beach Lane (formerly known as 875 Hale Street) and the release of the lots from the Covenant (Form G), which had been accepted by the Board on July 17, 2018. Beverly Planning Board Meeting Minutes March 19, 2019 Landers Symes, representing Montrose Park LLC, is looking to establish a performance bond and release Lot 1 as it is under agreement. He notes Lot 1 is the existing carriage house on the property and is not on the new road. They are looking to get it released so they can sell it to a buyer who will continue renovation and put it on the market. They are also looking for waivers from installing open space markers at this time, noting that the conservation area has erosion control and it is an active construction site, so it doesn't make sense for them to put the permanent posts in yet. They are also seeking a temporary waiver for the deed restriction which hasn't been done yet. It is already in the HOA documents and notes that will be a conservation restriction area. Symes shows the Board photos of the construction site from different points of view. Barrett asks about the West Beach Lane Homeowners Trust and if there is something the Board needs to do with that. Wynne comments that she has spoken to the attorney and Mr. Jeff Rhuda and she verified that the edits that were reflected in the decision have been made in those documents. She has forwarded them to the Solicitor's office for review. The applicant's attorney was asking the Planning Board to approve them subject to a condition that if the Solicitor has any further changes the documents would be amended. Symes comments that they are the trustees of the HOA until they sell off the property and they have the authority to make changes until that time. Barrett then asks if Symes has agreed to make any suggested revisions by the City Solicitor. Hutchinson tells him yes, and the amended document would be recorded. Wynne comments that it would have to be recorded within so many days. Miller asks if there are any restrictions in the HOA that might be in question. Wynne tells him that it is pretty standard and it meets the requirement of the OSRD regulations, and specific comments for this application have already been made. Barrett asks about the Covenant Release Form and releasing Lot 1, as well as Lots 2, 3, 4, 5, and 6 and are they releasing all of them. Wynne tells him that they are releasing the Form G and putting on a performance bond to finish construction, but they would not be bonding Lot 1 which would be fully released. Hutchinson asks when they anticipate they will be recording the conservation restriction. Symes tells her that they are waiting on everyone to agree on which way to go and it could be done soon, but it is pending the attorney's final decision. Barrett: Motion to grant a partial waiver from Planning Board decision letter dated June 29, 2011, Condition 92, Open Space Standard a. By granting this partial waiver of conditions, the applicant need not record a conservation restriction or deed restriction for the open space prior to transfer of Lot 1. Flannery seconds the motion. The motion is approved (8 -0). Barrett: Motion to grant of a partial waiver from Planning Board decision letter dated April 13, 2018, Condition 92. By granting this partial waiver of conditions, Beverly Planning Board Meeting Minutes March 19, 2019 permanent markers need not be set to mark the boundaries of the Do Not Disturb Areas and the dedicated Open Space Areas prior to the transfer or sale of Lots 1, 2 and 4. Craft seconds the motion. The motion is approved (8 -0). Barrett: Motion to accept the Covenant Release Form (Form H) releasing Lot 1 on Hale Street and Lots 2, 3, 4, 5, and 6 on West Beach Lane. Boesch seconds the motion. The motion is approved (8 -0). Barrett: Motion to accept the Performance Bond, in the amount of $31,200 dated March 11, 2019, securing remaining construction and infrastructure installation for Lots 2, 3, 4, 5, and 6 and accept Irrevocable Letter of Credit from SalemFive Bank dated March 12, 2019 in the amount of $31,200. Flannery seconds the motion. The motion is approved (8 -0). Barrett: Motion to accept the revised "West Beach Lane Homeowners' Association Trust" and "West Beach Lane Restrictive Covenant, Easement and Agreement — Open Space ", subject to these conditions: final review and approval in form by the City Solicitor's office and that any changes requested by the Solicitor be recorded within 10 business days of requested changes. Miller seconds the motion. The motion is approved (8 -0). Hillside Avenue Definitive Subdivision Plan — Establish Covenant and Endorse Subdivision Plan — Godzilla LLC /ASB Design Group and Gre2ory and Helga Senko Materials added into the record: • Planning Department Staff Report, Hillside Avenue • Form G Covenant The applicant is seeking the Board's endorsement (final approval) of the modified Subdivision Plan since no further appeal has been made. The Board must approve a performance guarantee (bond or covenant) securing the construction of ways and municipal services. The applicant proposes the City's standard Form G Covenant, with an amendment removing the restriction from transferring the lot. The Board can vote to endorse the plan. Thomas Alexander with offices at One School Street Beverly, for the applicant Godzilla LLC, tells the Board that the subdivision was approved last year after changes were made due to neighbors' requests. The Form G Covenant secures the construction to ensure it is completed according to the plan. Wynne asks Alexander if he is amenable to the proposed condition that a performance bond should be placed before the building permit is issued. Alexander tells her they can build under the Covenant until the work is completed or the occupancy permit is issued. Wynne comments that Form G doesn't allow the sale of the lot, but the owner is planning to sell the lot. The Board tries to establish language related to the amendment to allow the sale of the lot. Alexander says often a good bit of work is done before the Performance Bond is placed. Beverly Planning Board Meeting Minutes March 19, 2019 Wynne comments that there are some off -site improvements related to downstream catchment relocation. She wants to make sure that gets done before the occupancy permit is issued. She suggests either when a performance bond is established or no occupancy permit shall be issued before the work is complete. Barrett asks if they are proposing a performance bond. Alexander tells him either the Board has to approve the sale of the lot or they have to establish a bond. Barrett clarifies that they are not approving the sale of the lot but only the Form G. Alexander says the construction completion requires a bond or surety or that the work has been actually completed. Barrett asks if it is the posting of that bond later in the process that allows them to release the Form G altogether. Alexander comments that the other way to release the Form G is to complete all the work under the Form G, which can be released upon review by the City Engineer. Wynne asks if it is repetitive to say the work must be completed before the occupancy permit is issued. Alexander comments there are some neighbors worried that some of the work may not get done, so it might make sense to clearly state that. Wynne suggests language that no occupancy permit shall be issued without verification by the Planning Department that both onsite and offsite improvements have been made per the approved plan. Barrett clarifies that the plan has been modified based on the settlement. Alexander confirms. Miller clarifies in a question that this is a two -part ask to secure a Form G and endorse the plan. Wynne clarifies that the endorsement is to assure that there have been no additional appeals. Beckwith asks why the Board has to endorse it. Alexander clarifies it is so he can record the plan at the Registry of Deeds. Wynne provides further clarity on the process. Barrett: Motion to accept the Form G Covenant, as amended to allow the sale of the lot, subject to a condition that no certificate of occupancy can be issued without verification by Planning Department that confirms both onsite and offsite improvements have been made. Flannery seconds the motion. The motion is approved (8 -0). Barrett: Motion to endorse the Definitive Subdivision Plan. Miller seconds the motion. The motion is approved (8 -0). Set Public Hearing Date: Definitive Subdivision Plan — 53 Williams Street (Map 28 Lot 114) — Creation of 40' wide by 57' long private way and one new residential lot, for a total of two residential lots — MJP Properties Inc. Flannery: Motion to set Public Hearing for April 9, 2019 meeting. Craft seconds the motion. The motion is approved (8 -0). Set Public Hearing Date: OSRD #11 -18 — Off Thaxton Road and Grover Street — Construct a new 250' long dead -end private roadway off of Thaxton Road with three new sin2le- family residential lots and a 3.15 -acre open space parcel — Hickory Street Realty Trust Beverly Planning Board Meeting Minutes March 19, 2019 Miller: Motion to set Public Hearing for April 9, 2019 meeting. Boesch seconds the motion. The motion is approved (8 -0). New /Other Business a. Beverly Master Plan Update: Wynne updates the Board about the Master Plan. They have hired Utile, a Boston -based design firm, working with several sub - consultants. They had their internal kick -off meeting and are finalizing the Master Plan steering committee. They are hoping to hold their first public meeting in the beginning of May. The firm is establishing a brand for the Master Plan and some materials to promote it. They will have a Website and an interactive online comment board. They are looking to do some unique public outreach other than the public meetings. Miller was asked to be on the committee and Bartley is joining as well. They are looking to form a diverse committee with varying skillsets. Hutchinson reiterates that the Planning Board will have approval over the Master Plan and it's important for them to play a meaningful and visible role in the process. She asks that everyone plan on attending as many meetings as possible. b. Other business not known at the time of the posting of this agenda. Adjournment Miller: Motion to adjourn the meeting at 8:10 pm. Boesch seconds the motion. The motion is approved (8 -0).