1998-06-16Chairperson Ellen K. Flannery
Richard Dinkin z~~ Salvatore Modugno
Vice Chairman Robert Rink
William Delaney Barry Sullivan
Planning Director Peter M. Thomas
Tina P. Cassidy Minutes John Thomson
Beverly Planning Board
June 16, 1998 Meeting
Beverly High School Auditorium
Members present: Chairperson Richard Dinkin, Vice-Chairman Bill
Delaney, Barry Sullivan, Salvatore Modugno, Ellen Flannery, Joanne
Dunn, John Thomson, Peter Thomas and Robert Rink; also present:
Planning Director Tina Cassidy, Director of Engineering Frank
Killilea, Jr., and Susan Akerman, Secretary to the Board.
Chairperson Dinkin calls the meeting to order at 7:30 p.m.
Thomas: Motion to recess for public hearings, seconded by
Thomson. Dinkin, Delaney, Sullivan, Thomson, Modugno,
Dunn, Flannery, Thomas and Rink in favor, no one opposed.
Motion aarries.
Public Hearinae
· Site Plan Review application #38-98: McDonald's restaurant
224 Elliott Street / MCDOnald's Corporation
Cassidy reads legal notice.
Attorney Thomas Alexander addresses the Board on behalf of
McDonald's restaurant and states that McDonald's restaurant is
seeking to locate a restaurant at 224 Elliott Street, which is also
the site of a Stop & Shop Supermarket.
Alexander states that McDonald's has a long history with the City
of Beverly, that the restaurant by the bridge was one of the first
to be opened in Massachusetts. Alexander states that McDonald's
intent is to replace that store to service the downtown area, Ryal
Side, Goat Hill and the Cove areas.
Alexander states that the restaurant will be located on the Stop &
Shop site, that the area is zoned CG (Commercial/General), and that
the footprint is :~ller than that which was shown on the original
plan as a result the rezoning process several years ago.
Alexander explains that there will be 60 seats in the restaurant,
61 parking spaces on site with several handicapped spaces.
Alexander explains that the style of the building will be similar
City Hall 191 Cabot Street Beverly, Massachusetts 01915 (978) 921-6000 Fax (978) 922-0285
Beverly Planning Board
June 16, 1998 Meeting
Page Two
to the Stop & Shop structure (New England style clap board), that
there is a fence that abuts the public park, that it will share the
same curb cut as Stop & Shop, that they will not be creating a new
entrance on Elliott Street and that the rock out-cropping on the
site will be preserved.
Alexander states that McDonald's is well known for litter control
on site, that there will be a couple of daily-basis clean-ups, and
explains that they are proposing to add trees along the fence and
in front for screening purposes.
Alexander notes that this McDonald's will generate 50-55 full/part-
time positions, primarily for Beverly residents.
Alexander explains the process that they have gone through, and
noted that they met with the Design Review Board which approved the
site plan with a number of conditions, that they met with the
Parking & Traffic Commission and received approval for the project
and states that all zoning requirements have been met.
Cassidy reads the following letters:
- Letter from the Board of Health dated 6/16/98. (On File)
- Letter from the Engineering Department dated 6/16/98.
(On File)
- Letter from the Fire Department dated 6/16/98. (On File)
- Letter from the Design Review Board dated 6/8/98. (On File)
- Letter from the Police Department dated 6/10/98. (On File)
- Letter from the City Parking a Traffic Commission dated
6/9/98. (On File)
- Letter from a resident of 14 Longmeadow Rd. and owner of
Bridge Street Auto Repair, Beverly. (On File)
- Letter from Beverly resident Margaret Toomey dated
6/12/98. (On File)
- Letter from resident Mr. Burke, Sr., Rantoul Street,
Beverly dated 6/98. (On File)
- Letter from resident Mary Whirmore, Beverly. (On File)
- Letter from resident Gregory Provardi. (On File) ~
Beverly Planning Board
aune 16, 1998 Meeting
Page Three
Dinkin asks if any member of the Board has questions.
Sullivan asks if there will be any playground equipment on site.
Alexander states not at this time, that they plan to keep the
landscaping as is, but noted that if they did change the plan then
it would result in another site plan review.
Sullivan asks if this McDonald's will be owner-operated or a
franchise. Alexander states a franchise.
Delaney asks if someone could comment further on the topics of
signage, lighting scheme and drainage. Chris Nardone, a
representative of Stop & Shop addresses the Board and explains that
with the site now having a smaller building area, the roof drainage
will be substantially less than originally approved by the Planning
Board, that under the original site plan the roof area was
calculated with the capacity of the existing Stop & Shop area and
included filtration, so we will add any additional infiltration if
needed. (ie: oil & grease traps, etc.) Lighting will be directed
downward on the site and heads equipped with hoods to nsure this.
Delaney asks where the water will be going and where the catch
basins are located on-site. Mr. Nardone explains and indicates on
the plan that there are three catch basins on site, two existing
and approved under the original site plan, the other one needs to
be installed and will tie into one of the other catch basins that
flows out to the City's drainage system on Elliott Street.
Delaney questions what the applicants are referring to as a
previously approved site plan. Cassidy explains that the original
site plan was the Stop & Shop, and in conjunction with that a 9,600
square foot building was shown on the plan. Approval of the
original site plan was conditioned on the applicant's submitting a
new site plan to the Board when they found a specific tenant.
Delaney asks Frank Killilea if he could review the drainage
calculations of the previously-approved plan. Killilea states that
he will.
Thomas asks if the applicant plans to submit as-built plans to the
City Engineer as he requested in his letter read earlier. Mr.
Nardone states yes.
Dave Pagel addresses the Board with respect to the lighting scheme
and signage, distributes a lighting scheme/plan to the members, and
states that McDonald's designs all their lighting systems to have
a shoe box fixture with a shut-off device directed forward toward
the McDonald's building, and that it will be nO lighter/brighter
than Stop & Shop's lighting currently is.
Beverly Planning Board
June 16, 1998 Meeting
Page Four
Rink asks what type of material is used for the lighting poles.
Page1 states metal.
Delaney asks where the major signs will be located. Pagel
indicates on the plan where all the signs will be and what type of
signs they will be, and noted that they are all generally small.
Delaney asks if there will be any illuminated signs. Page1 states
that some are and some aren't.
Thomson asks if this will complete all the development of the
entire Stop & Shop site. Attorney Alexander states that any
additional development will result in further site review, but that
he can't speak for Stop & Shop. Thomson notes that.
Thomson asks if this is the entire parcel set aside previously for
retail development. Alexander states yes, it will cover the entire
site that was devoted for retail.
Modugno asks what the hours of operation will be. Alexander states
that from Sunday to Thursday the hours will be 6:00 a.m. to 11:00
p.m.; on Friday & Saturday the hours will be 6:00 a.m. to 12:00
midnight.
Delaney asks if the recommendations from the Design Review Board
have been incorporated into the plan. Pagel states that the
recommendations will be incorporated into the plan.
Dinkin asks if there are any questions from members of the public.
JoanMurphy of 36 Longmeadow Road questions the fence, and asks if
there are going to be any gates or openings in the fence by the
park for outdoor eating. Alexander states that there are no gates
or openings proposed, there will be no access to the park area from
this development directly. Instead, park-goers will use the two
existing park entrances off Elliott Street and from the existing
parking lot.
Peter Dragonis of 23 Appleton Avenue asks what the forum is for
opposition, and states that he is concerned with the environmental
impact, sound, colors of advertising and bird ecology (seagulls);
then states that he is disturbed that McDonald's, which once failed
in the City of Beverly is coming in again and trying, that he feels
that they need to find a more suitable design for this
establishment, something more decorative and environmentally
better, that supports Beverly, Massachusetts as being one of the
earliest communities in Massachusetts, that the Board should really
consider what we are doing to our City, how people perceive us, and
Beverly Planning Board
June 16, 1998 Meeting
Page Five
that we need to make our City prettier and that there are plenty of
food establishments in Beverly.
Dinkin explains that when a proposed use is a use by right, the
owner of that property has a right to request a permit to operate
that use, that the issue before the Board deals with the
particular structure and site amenities, rather than the use
itself. Essentially there is no forum to oppose a fast food
restaurant in this zone, since it is allowed by right under zoning.
RoseMary Maglio of Pleasant Street states that there are already
two existing commercial uses to the site, Stop & Shop and
BankBoston, she questions why they need 61 parking spaces when all
that is required is 27 spaces, and notes that according to
McDonald's research 50% of the business will be drive through, so
why are 61 parking spaces needed. She then explains that there is
a pool of water in this area with the grade going down toward the
river, that she is concerned with the water flowing toward the Bass
River, and asks if the Conservation Commission had anything to say
about this issue. Maglio also states that she is concerned with
signage, concerned that the plan shows a picnic table and states
that this is sort of deceptive, that she is concerned with the
landscaping plan, where are the planrings going to be, on what side
of the fence; she questions the height of the tallest letter on the
proposed signs, and explains that the windows in the front of the
building have 66 panes of glass, 30% of those 66 panes of glass
would be allowed to have signs in them, and states that she would
like to see less, that 7' of glass with 30% of that glass being
signs, is a lot of additional signage. She also states that she is
concerned with the dumpster in back.
Alexander states that the issue of the Conservation Commission is
not an issue, that the applicant received an Order of Conditions
for this site, for the Stop & Shop which included a retail 9,600
square foot footprint. However, one condition was if a change was
made the applicant was to notify the Conservation Commission and
that Board will determine if any adjustments must be made to the
conditions. Alexander notes that they wrote to the Conservation
Commission, but that there has been no response back yet from that
Board.
Alexander explains that internally Stop & Shop does its own
analysis with respect to parking spaces and states that the company
feels that 61 spaces are required for a building of this size; that
signage has all been reviewed by the Design Review Board, that the
applicant is in compliance, and will comply with any requirements
of the Building Inspector and the Zoning Ordinance.
Beverly Planning Board
June 16, 1998 Meeting
Page Six
Dinkin states that this site abuts an environmentally sensitive
wetland area. Alexander explains that the Conservation Commission
approved an Order of Conditions, and states that there will be no
greater impact to the wetlands than previously approved for, since
the footprint of the proposed establishment is significantly
smaller than the one originally approved.
Dinkin places the public hearing for McDonald's in recess until the
call of the chair.
· Public Hearing: Estates at Prides Crossing Definitive
SubdiviSion Plan / James X. MUllen, Toll BrOthers
Cassidy reads the legal notice.
Dinkin places the public hearing for the Estates at Prides Crossing
in recess and returns the Board back to the McDonald's site plan
review public hearing, and asks if there are any additional
clarifying question from the public.
Mary Rodrick of Peabody Avenue states that she is concerned with
safety, that there is a major problem with the traffic conditions
on Route 62 and when the trains go through and that more traffic at
that intersection will create more problems. Alexander states that
the traffic at this location was extensively studied on several
occasions, that the site was originally going to contain a larger
structure, and that they contemplated a use like this. He noted
that there will be no additional curb cuts proposed, and that
according to McDonald's research, it is indicated that a large
portion of business generated is drive by business, people are
likely to use a McDonald's like this before or after shopping, and
states that the roadway can more than adequately handle the extra
volume, and that the Parking & Traffic Commission approved this
plan.
Killilea explains that the traffic signals now operate
independently, but with the reconstruction of Route 62 traffic
controls will communicate with each other, so that there will be a
better flow of traffic in this area.
Rodrick asks if these traffic controls will be installed before the
McDonald's restaurant is put in. Killilea states no, that the City
has to get the sensors into the ground first.
Mary Norman of Washington Street states that she misses the
McDonald's at the bridge, that she is looking forward to a new
McDonald's, and states that she uses Route 62 daily as well as the
new businesses at Cummings Center and the new Stop & Shop, .that she
looks at this as a more positive aspect, and notes that McDonald's
is a good community company, that she is in support of this plan.
Beverly Planning Board
June 16, 1998 Meeting
Page Seven
Joan Murphy asks if the signals will be tied in with the train
system. Killilea states yes, that the City is working with the
MBTA and Amtrak with respect to signalization.
Dinkin asks if there is any one in support of this plan.
Mary Geary of 155 Bridge Street states that she has been living in
Beverly for 40 years and that she is thoroughly in favor of a new
McDonald's, and notes that she shops at the new Stop & Shop so she
sees this as a 2 for 1 deal.
Dinkin asks if there is any one who would like to speak in
opposition to this plan.
Mr. Dunklebarger of 2 Leather Lane states that this proposal should
never have been requested, that a proper traffic study should be
done in the City of Beverly, and comments that people are going to
other businesses at Cummings Center, that this new development was
not intended to turn into a competing use with downtownbusinesses,
that all merchants on Cabot Street/Rantoul Street have been paying
taxes for years, and are now competing with non-conforming uses in
the area that is supposed to be industrial, that citizens lost the
battle to keep the area industrial, and settled for a couple of
hundred entry level jobs, and a pittance of tax revenue.
Dunklebarger states don't change the use, and don't continue the
trend. Dunklebarger further states that the number of parking
spaces canbe reduced from 61 to 27, and asks why pave the area by
river if you don't necessarily have to.
Mary Rodrick states that she counted 20 Stop & Shop bags in the
bushes in the park, that people will go to the park, sit and eat
their food, and asks if McDonald's would be willing to help with
the up-keep of the park.
Renee Mary of 274 Hale Street asks if there could be a provision
that McDonald's help clean-up the park. Alexander states that
McDonald's would welcome a provision that the firm will clean the
park twice a day.
Rose Mary Maglio asks on what side of the stockade fence are the
trees. Alexander states that the trees are on the park side of the
fence.
Phillip Samson of 4 Oak Street states that there are plenty of
unhealthy fast-food restaurants, that he would not like to see
another fast-food restaurant in the area.
Beverly Planning Board
June 16, 1998 Meeting
Page Eight
Dinkin declares the public hearing in recess to the call of the
Chair and recesses the Board for 10 minutes.
Dinkin calls the Planning Board back into session.
Sullivan: Motion to continue the public hearing for Site Plan
Review Application #38-98: Construction of a McDonald's
restaurant at 224 Elliott Street to the Board's next
meeting scheduled for July 14, 1998, seconded by Delaney.
Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn,
Flannery, Thomas and Rink in favor, no one opposed.
Motion carries.
Sullivan: Motion to recess for public hearing, seconded by
Flannery. Dinkin, Delaney, Sullivan, Thomson, Modugno,
Dunn, Flannery, Thomas and Rink in favor, no one opposed.
Motion carries.
s Public Hearing: Estates at Prides Crossing Definitive
Subdivision Plan / James X, Mullen, TOll BrOthers
Dinkin calls the public hearing on this application back into
session from its earlier recess, and asks the developer to address
the Board.
Attorney Thomas Alexander addresses the Board on behalf of Toll
Brothers and presents a 58-1ot definitive subdivision plan called
the Estates at Prides Crossing and notes that the property is zoned
R45. Alexander reviews the history of the property, the process
the applicant has gone through for the past six months and states
that this plan is substantially the same as the preliminary plan
that was previously approved by the Board.
Alexander states that an Environmental Impact Report will be done
on the site, that the drainage systems are in and that they are in
compliance with the Storm Water Management Act, and notes that
there will not be an increase of water run-off due to this project.
He states that David Veigh will go over the traffic analysis and
that Peter Ogren, the Project Engineer, is also here tonight.
David Veigh addresses the Board and explains that he prepared a
preliminary traffic report early in February, that traffic counts
were done in November, and states that the areas studied were the
intersections of Haskell Street and Webster Avenue; Paine Avenue
and Hale Street; Thissel Street and Hale Street; Common Lane and
Greenwood Avenue; and Common Lane.
Veigh states that the numbers are significant, that according to
MEPA process there will be 270 less trips than the standard
threshold. Veigh states that an EIR has been prepared for the
Beverly Planning Board
June 16, 1998 Meeting
Page Nine
project, that Mass Highway sees no need for further review of this
project, and states that the neighbors concerns go beyond what the
State requires.
Veigh explains that they studied the traffic during the peak hours
of traffic and notes that there is a volume of 60-62 vehicles per
hour, that they looked at each intersection, and states that the
subdivision will not cause a significant delay in the flow of
traffic, that the capacity will have no impact on surrounding
neighborhoods.
Peter Ogren of Hayes Engineering addresses the Board and reviews
the site, and states that the entire site is 88.7 acres, that there
will be 58 building lots, that there is 45,000 square feet of land
area for each lot in an R45 zone, noting that they are aware of the
zone line, and that they propose to construct 75,000 linear feet of
paving. Ogren reviews the streets and the traffic patterns, and
states that they propose to provide municipal sewerage, that the
boosters for two houses are to remain, that the sewer is proposed
to connect to the existing systems in two locations, the first will
be a gravity sewer system; the second will have 37 units going to
Hale Street, and states that there will be a pumping station at the
southerly section of the property connected by a force main.
Ogren states that drainage was a concern, that they made some
preliminary findings, and that they also filed a mitigation report.
Ogren states that they previously submitted a watershed map, then
indicates on the map where the central watersheds are located, and
explains that most development will happen in that area, then
reviews a number of other watersheds.
Ogren then discusses the topography, stating that there are
significant wetland systems in this area, that most of the wetlands
are on the easterly half of property, that there will not be as
much density in that area, and that the basic design is to limit
development in those watersheds, and to employ mitigation measures.
Ogren states that they mostly need to control water run-off, and
that they are subject to storm water management regulations. Ogren
states that there will be a reduction in run-off volumes to all
watersheds, that they have provided the necessary run-off
mitigation in order to meet storm water management standards.
Ogren reviews the location of the vernal pools on the map, and
states that their storm water management plan does anticipate added
drainage to the pools, and that the additional volume has been
taken into account as part of the design of the site.
Mr. Ogren states that there are a number of waivers being requested
for this project: ~
- a waiver of 150' minimum tangent lengths between reverse
curves;
Beverly Planning Board
June 16, 1998 Meeting
Page Ten
- a waiver of the minimum pavement width from 32t to 28t;
- a waiver of maximum roadway grade of 6% to 9.5%;
- a waiver of the curbing requirement to permit the
installation of sloped faced granite curbing, rather than
straight-faced granite curbing;
- a waiver of maximum roadway embankment;
- a waiver of maximum ledge cuts of l0t vertical to
horizontal~
- a waiver of maximum spacing for distance between catch
basins;
- a waiver to amend the amount of cover on sewer from 6~ to
4' as well as the depth of the covers; and
- a waiver of a 3t cover to 2' cover on any reinforced
piping.
Ogren lastly states that they are working with DEP to review
wetlands/resource areas, and that they are going to begin dealing
with all aspects of environmental impacts.
Kyle Corkum of Toll Brothers Development addresses the Board and
states that Toll Brothers is widely recognized for its excellence
in home building, that they have 32 years of experience, that the
project will be done by local trades people, that the size and
stature of the homes proposed are appropriate for the Prides
Crossing area, and that Toll Brothers is committed to this project
until it is complete.
Corkum states that he is aware of the opposition to this project
and states that Toll Brothers will demonstrate good neighborhood
values, and notes that Toll Brothers has met with people in the
neighborhood who have concerns and states that they will continue
to be there to address any questions/concerns.
Corkumfurther explains that they will be maintaining the entrance
and beautifying it, explains that they made the lots larger than
originally proposed and will create open space in environmentally
sensitive areas, that they will pay attention to the drainage which
is an area of concern, and that they are working to help the
potential drainage problem to Chubbs Brook. Corkum states that
Toll Brothers intends to offer solutions to the existing drainage
situation, and that this development will not create ~urther
problems.
Beverly Planning Board
June 16, 1998 Meeting
Page Eleven
Alexander addresses the Board and states that the developer's
presentation is over and that they will answer any questions from
the public and the Board.
Dinkin asks if there is any one from the public with questions or
comments.
Stella-Mae Stevens of 840 Hale Street states that she lives a half
mile from the proposed site, that she is a concerned citizen and a
member of Groundswell, a citizen group which was created after a
walk around the site with the Conservation Commission.
Seamons states that she is concerned with what might happen to this
area, and then passes out the organization's mission statement to
the members and reads into the record. (On File)
A resident of Hale Street questions the number of houses proposed
and states that Toll Brothers' answer to this question is that it
is only economically feasible for them to build a 58-1ot
subdivision, he then asks Toll Brothers to explain to the public
how they could not make a project of less than 58 lots feasible.
Kyle Corkum declines to answer this question.
Joan Johnson of 677 Hale Street states that she lives a half mile
from the proposed project, then reads a prepared statement. (See
File).
Joann Truslow of 47 Thissel Street states that the run-off water
that comes down Greenwood is a mess, that it is constantly flooded
at the end of Common Lane, that her driveway becomes an ice dam,
that she has trouble not believing that the water flowing down
Greenwood Avenue is out of control, that the run-off can't be
helpful to anyone, that the area becomes an island from time to
time from drainage run-off, that she gets water in the basement,
that they get at least one foot of water during a storm, and that
the traffic from Common Lane has increased significantly, and that
the all mighty buck balance doesn't always work.
Tom Nolan of 8 Farms Lane states that he has lived in Beverly for
60 years, that he hunted up in this area as a young person and that
the road got wiped out by water even back then.
Jane Brusca of 11 Greenwood Avenue displays a map, reviews several
issues of concern including the fact that there will be blasting,
that alterations of the topography will be needed to construct the
proposed roads, that the building lot elevations will have to be
altered (goes over maximum cut and fill of area), that a number of
trees will have to be cut down, and that Groundswell is no.t
Beverly Planning Board
June 16, 1998 Meeting
Page Twelve
necessarily against development, but alter so that not as much
alternation has to be done to the area. Brusca submits her
presentation to the Board to be part of the record. (On File)
Judith Moss of 7 Goodwin Road states that she has lived in this
area for 37 years, that she has experienced seven 100 year storms
and that four of them were before the development of Greenwood
Avenue, that the project of Stone Ridge added to the problem, and
that the last two 100 year storms she watched the water pour down
Greenwood Avenue, that development of that hill is
uncomprehensible, and asks that the Board really look at the
drainage issue carefully and consider the people living there.
Moss also questions why somebody would study the traffic in this
area in November.
Deborah Gorsline of 143 Valley Street states that she is concerned
with traffic and safety issues. She submits a letter from MEPA for
the Board's records, and states that she wants to bring to the
Board's attention that 10 accidents have been recorded from 1995 to
the present, that five occurred at the intersection of Greenwood
Avenue and Common Lane~ that the average speed of the road is 30
mph, but that the average speed of cars traveling on those roads is
over that, that there will be big trouble if more traffic is added,
that there are poor sidewalks in the neighborhood, that they are
faced with streaming water, that much magic will be needed for a
safe access and egress, and urges the Board to require the
applicant to address these issues and deny waivers that will
negatively impact the safety of our area.
George Moss of 7 Goodwin Road states that he wants to mention that
there were problems with 100 year storms even before our Government
spent millions of dollars to alleviate the problem, that with an
additional 58 houses on a hill, the water is going to go down.
Bob Seamans of 675 Hale Street states that his property runs along
wetlands, that a large percentage of water from the neighborhood
comes onto his property, that he doesn't know where all the water
comes from, but that a lot comes from an area near the Beverly
Farms Station on other side of the watershed, that some people
would benefit from the proposed development, but not most of them,
and questions what will happen if you take a natural habitat, with
its own catch basins, start to smooth out the terrain and take out
4,000 trees, water will come gallivanting down. He questions if it
is even possible to solve the problem from an engineering
standpoint. He states that he can't contemplate what will happen
with this subdivision, that it is a major concern.
Beverly Planning Board
June 16, 1998 Meeting
Page Thirteen
Jonathan Warren of 502 Hale Street states that he is the 6th
generation to live in Prides Crossing, he makes a presentation on
drainage and explains where the drainage flows in this area, states
that there are natural catch basins, that there is extreme
flooding, and that there is a fragile pond area. Warren states
that he is concerned with the whole drainage issue, with the number
of trees being removed, with the blasting that will change the flow
of ground water and with traffic, and notes that there is a lot of
traffic. He talks about road conditions in the winter, and states
that the subdivision will cause more trouble.
Susan Rolands of 623 Hale Street states that she knows what the
traffic is like, she submits pictures to the Board of a pool that
nobody thinks exists, and states that she is concerned with water
issues.
Richard Baker of R643 Hale Street talks about hydrology in the
area, and states that he has 25 years of experience in this field.
Baker explains that the outlet on Greenwood Avenue goes to a pond,
creating an impervious area~ then he goes over rate of increase
with respect to water flow; goes over peak flows, and states that
the flow will increase by 35% in certain areas; speaks of the
drainage system, and identifies the vernal pools on the map and
reviews the discharge to these vernal pools. Baker states that he
is concerned because the run-off of the roadways and the driveways
is contaminated.
Jon Fisk of 8 Indian Hill Road goes over issues related to the
City's tax base and states that it is a falsehood and lie that a
real estate development of this type will bring in tax revenue, and
states that in a Massachusetts study it states that these types of
real estate subdivisions cost more money to maintain and service
than revenue brought in. He states that it will cost the City of
Beverly $1.09 to service this real estate development.
Ray Miyares an attorney at Picket & Miyares of 47 Winter Street,
Boston and a member of Groundswell addresses the Board and points
out several issues: (1) with respect to the waivers and states
that there are regulations for subdivisions with strict compliances
that a subdivision must follow according to these rules and
regulations, and that such action is in the public interest, and
that he has not heard the applicant state any of this; (2) that the
definition of adequate access is one factor that the applicant
should be considering, and he calls attention to the secondary
access on Greenwood Avenue, and goes over pavement of the roadways.
Beverly Planning Board
June 16, 1998 Meeting
Page Fourteen
Patricia Pierce, advisor to Groundswell addresses the Board and
reviews the study of the finished grade, stating that it will
devastate the site with minimal allowable frontage, that it is an
extreme exploitation of the land, that it will cause forcible
damage, that the site consists of fruit trees, etc., and notes that
there is already stormwater problems prior to any tree removal,
that the water retention from the tree removal becomes dramitically
reduced, that the land will be buried and dead and the character of
the City will be changed, the village becomes over developed. She
then submits her list of omissions/misrepresentations.
Next, Pierce shows the vertical cuts on the map, goes over the
blasting table, and requests that the Board exercise their
authority on open space. Pierce states it's the moral issue of
whose property right should prevail.
Dinkin explains that the Board has the remainder of its agenda to
deal with tonight, and suggests that the Board continue the public
hearing to another Board meeting.
Cassidy states that the Board will need an extension of time for
final Board action from the applicant to September 30, 1998.
Attorney Tom Alexander states that the applicant will agree to
that, and provides a written extension to the Board.
Sullivan: Motion to schedule a site visit to this property for
August 8, 1998 at 9:00 a.m., seconded by Flannery.
Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn,
Flannery, Thomas and Rink in favor, no one opposed.
Motion carries.
Dinkin states that the applicant has indicated that any member of
the public who wishes to attend the site visit with the Board will
be asked to sign a release of liability form.
Thomas: Motion to accept the extension of time for final Board
action to September 30, 1998 and to continue the public
hearing on the Estate at Prides Crossing Subdivision to
the Board's meeting scheduled for September 8, 1998,
seconded by Sullivan. Dinkin, Delaney, Sullivan,
Thomson, Modugno, Dunn, Flannery, Thomas and Rink in
favor, no one opposed. Motion carries.
Dinkin returns the Planning Board back to regular session.
Subdivision ApprOval Not Required Pla~ (SANR's)
a. 3.8 Western AVenue ~
Cassidy updates the members and explains that this is one lot that
will be divided in two, and Parcel B goes to the abutter.
Beverly Planning Board
June 16, 1998 Meeting
Page Fifteen
Sullivan: Motion to endorse the plan of land for 38 Western Avenue
as one not requiring approval under the Subdivision
Control Law, seconded by Delaney. Dinkin, Delaney,
Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and
Rink in favor, no one opposed. Motion carries 9-0.
b. Cherry Hill Drive / FlatleV Corporation
Cassidy updates the members and states that the necessary ANR plan
for the land acquisition by the City of Beverly for the Sam Fonzo
Drive project has been submitted and shows the creation of a non-
buildable parcel conforming with the approved roadway layout over
Flatley property.
Delaney: Motion to endorse the plan of land for Cherry Hill Drive
as one not requiring approval under the Subdivision
Control Law, seconded by Sullivan. Dinkin, Delaney,
Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and
Rink in favor, no one opposed. Motion carries 9-0.
2. Airport Road/Sam Fonzo Drive: Expiration of construction
completion date referenced in Form G Restrictive Covenant,
M.G.L. Chapter 41, Section 81-X endorsement, signplanCityof
Beverly, Salvatore & Michael Fonzo
Cassidy explains that the City and Aero manufacturing are
requesting an extension of the completion date for the Sam Fonzo
Drive subdivision, and that the Board must execute an 81-X
certificate for the original mylars of the subdivision so that they
can be signed for recordation at the Registry of Deeds.
Deleney: Motion to extend the construction completion date for
Airport Road/Sam Fonzo Drive Subdivision from June 18,
1998 to June 18, 2000, seconded by Sullivan. Dinkin,
Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery,
Thomas and Rink in favor, no one opposed. Motion carries
9-0.
Delaney: Motion to endorse a M.G.L. Chapter 41, Section 81-X
certificate for the Registry of Deeds, seconded by
Flannery. Dinkin, Delaney, Sullivan, Thomson, Modugno,
Dunn, Flannery, Thomas and Rink in favor, no one opposed.
Motion carries 9-0.
3. Conifer Way Subdivision: Request for release of remaining
bond monies _
Cassidy updates the members and explains that the Eng'.~neering
Department has approved the as-built plans for this project and
Beverly Planning Board
June 16, 1998 Meeting
Page Sixteen
recommended that all remaining bond monies be released to the
developer.
Delaney: Motion to accept the as-built plans for the Conifer Way
Subdivision and to release all remaining monies, seconded
by Sullivan. Dinkin, Delaney, Sullivan, Thomson,
Modugno, Dunn, Flannery, Thomas and Rink in favor, no one
opposed. Motion carries 9-0.
4. Cherry Hill Industrial Park: Expiration of construction
COmpletion date / ThOmas Flatlev
Cassidy explains that the Flatley Company has requested an
extension of their completion date for fifteen months.
Thomas: Motion to extend the construction completion date for
Cherry Hill Industrial Park from June 30, 1998 to
September 30, 1998, seconded by Sullivan. Dinkin,
Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery,
Thomas and Rink in favor, no one opposed. Motion carries
9-0.
5. Access Road Subdivision: Expiration of construction
completion date / David Camevale
Cassidy explains that the developer is requesting an extension of
the construction completion date for this project for 6 months.
Sullivan: Motion to extend the construction completion date for
Access Road Subdivision from June 30, 1998 to December
31, 1998, seconded by Delaney. Dinkin, Delaney,
Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and
Rink in favor, no one opposed. Motion carries 9-0.
6. Sunday Drive Subdivision: Expiration of construction
CompletiOn da~e / David Carnevale
Cassidy explains that the developers are requesting a six month
extension of the construction completion date for this project.
Thomas: Motion to extend the construction completion date for
Sunday Drive Subdivision from June 30, 1998 to December
31, 1998, seconded by Flannery. Dinkin, Delaney,
Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and
Rink in favor, no one opposed. Motion carries 9-0.
?. New or Other Business
Summer Schedule :
Cassidy asks the Board to establish a summer meeting schedule.
Beverly Planning Board
June 16, 1998 Meeting
Page Seventeen
Delaney: Motion to schedule a Special Board's meeting for
September 8, 1998, seconded by Thomas. Dinkin, Delaney,
Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and
Rink in favor, no one opposed. Motion carries 9-0.
Thomas: Motion to schedule the Board's July meeting for July 14,
1998, seconded by Sullivan. Dinkin, Delaney, Sullivan,
Thomson, Modugno, Dunn, Flannery, Thomas and Rink in
favor, no one opposed. Motion carries 9-0.
8. AdjOurnment
Thomas: Motion to adjourn, seconded by Flannery. Dinkin,
Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery,
Thomas and Rink in favor, no one opposed. Motion carries
9-0.
Meeting was adjourned at 11:00 p.m.