1998-02-23 doanne Dunn
Richard Dinkin <~ Ellen K. Flannery
Vice Chairman Salvatore Modugno
William Delaney D. Stephen Papa
Planning Director Barry Sullivan
Tina P. Cassidy John Thomson
Minutes
Beverly Planning Board
February 23, 1998 Meeting
Members present: Chairperson Richard Dinkin, Vice-Chairman Bill
Delaney, Salvatore Modugno, Ellen Flannery, Joanne Dunn and Peter
Thomas; 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.
Discussion/decision: Mullen/Loeb Estate Preliminary subdivision
plan - James Mullen and Toll Brothers
Peter Ogren addresses.the Board and states that a revised
preliminary planshowing 58 conventional subdivision lots has been
submitted as well as a list of waivers.
Mr. Ogren states that the waivers that the applicant would be
seeking are:
1. a waiver of the curbing requirement to permit the
installation of slcped faced granite curbing, rather than
straight-faced granite curbing;
2. a waiver of maximum roadway grade of 6% to 9.5%
3. a waiver of a 4½' cover over sewer and 2' cover over
drains;
4. a waiver of the side cut slope maximum from 3:1 to 1:1 in
ledge areas and from 3:1 to 2:1 for non-ledge areas;
5. a waiver of the minimum pavement width for the three cul-
de-sacs from 32' to 24' and from 32' to 28' for the three
main roadways;
6. a waiver of no tangents between reverse curves; and
7. a waiver of a 2' cover on drains.
City Hall 191 Cabot Street Beverly, Massachusetts 01915 (978) 921-6000 Fax (978) 922-0285
Beverly Planning Board
February 23, 1997 Meeting
Page Two
Mr. Ogren explains that the applicant is requesting the pavement
width waiver because 24' is what ITE recommends as standard, and
notes that cut and fill operations will be minimized by allowing
the street grade waivers.
Mr. Ogren also notes that they did a summary report with respect to
the availability of utilities, and that an upgrade of the pumping
station will need to be done, and that they need to come up with an
access solution with respect to water because there is not
sufficient water pressure for the houses on top of the hill.
Dinkin asks if the roads are to be private or City owned.
Mr. Ogren responds City.
David Veigh of Vanasse & Associates addresses the Board with
respect to the traffic counts done on November 12 & 13, 1997, and
reviews the process/assumption for traffic that would be generated
from this subdivision.
Mr. Veigh explains that he further identified trip distribution/
assumptions on Common Lane and Greenwood Avenue, that he did a
study of travel times from the front of the site, that he did a
series of traffic analyses on the delay/operation of an
intersection, and concluded that no intersection was found at a
less desirible service post-development.
Mr. Veigh states that the net result is that there will be no
significant capacity impact on the area from the development.
Mr. Ogren addresses the Board with respect to drainage and states
that a comprehensive drainage study was submitted that looked at
all sub-watersheds, including this developments watersheds as well
as problem watersheds within the City of Beverly, and that looks at
the current water flow regulators.
Mr. Ogren reviews the drainage assessment report and notes that the
project locus contributes to several watersheds, that some culverts
found were clogged, but that the most troubled route was found on
Goodwin Road.
Mr. Ogren states that a service report was done, but that the
report doesn't seek a solution. Mr. Ogren explains that they are
focusing on an area, where a major watershed comes together that is
currently owned by the Glen Urquhart School, that has the potential
for reestablishing an area which was historically used to hold
water on the land, and states that Toll Brothers will pursue
engineering solutions to this area as part of its definitive plan
preperation and review process.
Beverly Planning Board
February 23, 1997 Meeting
Page Three
Mr. Ogren states that as part of this preperation, Toll Brothers
would have to increase the ponding area, change the outflow,
restore and make the retension area operate better, reopen some of
the other watersheds, focus on an area where some hydraulic changes
could occur, and add some additional drainage system improvements.
Cassidy reads the following letters:
- Letter from the Beverly Conservation Commission
dated 2/23/98. (On File)
- Letter from the Beverly Police Department dated 2/23/98.
(On File)
- Letter from the Beverly Fire Department dated 2/23/98.
(On File)
- Letter from Frank Killilea, Director of Engineering
dated 2/23/98. (On File)
Dinkin asks if any members of the Board have questions.
Dinkin asks what is the current plan for Road B access. Mr. Ogren
states that it will be left open for traffic to flow freely.
Dinkin clarifies for members of the public that any action taken by
the Board tonight is not binding on either the Board or developer,
and that many things occur between the preliminary and definitive
stages.
Delaney asks if the lots meet zoning requirements. Mr. Ogren
responds yes.
Delaney questions the issues regarding the area under discussion
with the Conservation Commission (ie: BVW, isolated land subject to
flooding). Mr. Ogren states that delineation issues have been
taken into consideration, as well as the set back of the lots. The
pending Request for Determination of Applicabilty has not yet been
issued by the Conservation Commission.
Delaney questions the roadway grade for Road A and asks if there is
a specific grade. Mr. Ogren states no, and explains that the
roadway grade of 9.5% is the most comfortable grade, that it is the
right place to enter the land, and that they could change it, but
more cut and fill will need to take place.
Delaney asks Mr. Ogren to review the maximum grade levels. Mr.
Ogren points them out on the map.
Beverly Planning Board
February 23, 1997 Meeting
Page Four
Delaney states that he still has concerns with respect to pavement
widths, and asks what the rational is for that waiver. Mr. Ogren
explains that a 28' roadway width is sufficient for two-way
traffic, and that they are looking for manuvering speeds to be
lower, and states that in a subdivision like this one, there is
little parking on the street.
Delaney states that he is concerned with blasting, and asks if the
level of blasting will be limited. Mr. Ogren states absolutely,
that they are trying to limit the amount of cut, and explains that
the advantage to limiting the pavement width would be for drainage
reasons, there won't be as much run-off generated.
Dinkin asks if the subdivision could be built should the Board not
grant a waiver that is on the list. Mr. Ogren responds no, it
would mean a different subdivision, and that the applicant would
need to know the extent of cut and fill needed and pavement widths.
Frank Killilea addresses the Board and states that the reason that
the City requires roadway widths of 32' is for snow plowing
circumstances, that they need some place to put the snow. Mr.
Ogren states that the layout will still be 50' in width.
Thomas asks if they intend to widen out Greenwood Avenue, and
questions how would fire trucks exit Road B.
Delaney states that the developers know the issues that need
further work, that while he is willing to consider several waivers
such as the Board's maximum roadway grades, and the tangent waiver
request, he has some reservations with some of the other waivers.
He will carefully consider improvements to Greenwood Avenue with
respect to drainage, traffic, and construction improvements needed.
Delaney: Motion to approve the Mullen/Loeb Estate Preliminary
subdivision plan, seconded by Modugno. Delaney, Modugno,
Flannery, Dunn and Thomas in favor, Dinkin opposed.
Motion carries 5-1.
The Planters Subdivision: formal release of Form G covenant and
discussion on outstandinq issues (call boxes) / O.H.C. Realty Trust
Cassidy updates the members and states that there are two
outstanding issues with respect to this project, the first issue
being that the applicant is seeking the Board's authority to
execute a blanket covenant that would formally release all lots
from the Form G Covenant; the second issue is that the fire alarm
call boxes are not yet installed as the developer promised they
would be by 12/31/97.
Beverly Planning Board
February 23, 1997 Meeting
Page Five
Cassidy reads a letter from developer Albert Ellis dated 2/20/98
RE: Call Boxes. (On File)
Delaney: Motion to direct the Chairperson to execute the Form G
Restrictive Covenant release, seconded by Flannery.
Dinkin, Delaney, Modugno, Flannery, Dunn and Thomas in
favor, no one opposed. Motion carries 6-0.
Delaney states that he is satisified with the explanation of why
the fire alarm call boxes are not yet installed, and states that
the matter should resolve itself. Cassidy says she will place the
matter on the March agenda for discussion if it does not.
Sunday Drive Subdivision: update on no-cut zone violation,
discussion/decision on minor modification to approved plan / Gary
Palardy and David Carnevale
Cassidy updates the members and explains that there were some
questions concerning a violation where a new property owner did
some cutting within the 20' no-cut zone shown on the definitive
subdivision plan. Cassidy states that the property owner, Mr.
Beggan, has spoken with his neighbors and came up with a mutual
solution to replace the screening.
Mr. Joe Beggan addresses the Board, submits a plan that attempts to
remedy the problem. Mr. Beggan explains that the plan includes the
planting of four 16' high red maple trees and a 2' berm to be added
at the property line. Mr. Beggan further explains that the trees
will be planted two in a row, that they will be set back to keep
the branches from going over the property line, and that his goal
is to have the trees planted by April. Two additional evergreens
will also be planted.
Thomas states that he is concerned with the roots of the trees that
are to be planted, explaining that the roots cause many problems,
and questions if 10-18' is far enough from the property line since
the roots could penetrate the stone wall.
Mr. Beggan states that he is flexible on the planting.
Thomas asks the abutters how tall is the wall. Mr. Campatelli
states that it is a 6' high rip rap wall.
Delaney states that he is satisified with the resolution, but is
concerned about how this happened in the first place. Mr. Beggan
states that he did not pay close enough attention to the
contractor's day to day activities when developing the site.
Delaney asks if everyone is in agreement, and if there are any
other thoughts or ideas on screening that would be beneficial.
Beverly Planning Board
February 23, 1997 Meeting
Page Six
Mr. Campatelli states that it meets his objective, but that he is
concerned with the potential damages to the wall.
Delaney asks if there is a reasonable solution. Cassidy states
that Mr. Campatelli could get assurance from Mr. Beggan and
incorporate the restoration plan into a motion, or Campatelli could
hire an independant arborist to double check the planting scheme,
or the Board can table the matter.
Dinkin states that this matter will be laid on the table subject to
the call of the Chair.
Birch Woods Subdivision: update on modification to sewer line
design, discussion/decision on minor modification to approved
subdivision plan / David Walsh
Cassidy updates the members and states that sewer profile plans
have been received with respect to hook-ups for 2 out of the three
properties, and that the residents are happy with the proposed plan
for sewerage for their property.
Cassidy reads a letter from Frank Killilea dated 2/23/98.
(On File)
Attorney Thomas Alexander states that the condition approved is
acceptable.
Delaney: Motion to find the proposed modification of the sewer
line design to be a minor modification of the plan,
seconded by Flannery. Dinkin, Delaney, Modugno,
Flannery, Dunn and Thomas in favor, no one opposed.
Motion carries 6-0.
Delaney: Motion that the minor modification of the sewer line
design be approved on the condition that a 6" sewer line
be installed in Spruce Run to land owned by Darcy and
equipped with a Y connection, seconded by Flannery.
Dinkin, Delaney, Modugno, Flannery, Dunn and Thomas in
favor, no one opposed. Motion carries 6-0.
Maplewood Subdivision: Request for release of remaining bond
monies posted as surety to guarantee completion of subdivision /
Symes Associates, Maplewood Limited Partnership
Cassidy updates the members and states that the Planning Board
holds a $189,020.00 surety bond in a Tri-Partite Agreement, and
that the applicants have requested a release of the remaining bond
monies posted as surety. Cassidy explains that a full release
would not be appropriate due to several outstanding issues, but
that a reduction of the bond monies from $189,020.00 to $9,480.00
Beverly Planning Board
February 23, 1997 Meeting
Page Seven
may be in order. Cassidy also states that the as-built plans have
been reviewed and have been found acceptable.
Cassidy reads a letter from Frank Killilea dated 2/23/98. (On
File)
Delaney: Motion to deny applicant's request for a release of the
remaining bond monies posted as surety, seconded by
Flannery. Dinkin, Delaney, Modugno, Flannery, Dunn and
Thomas in favor, no one opposed. Motion carries 6-0.
Delaney: Motion to reduce the amount of the Tri-Partite Agreement
for bond monies posted as surety from $189,020.00 to
$9,480.00, seconded by Flannery. Dinkin, Delaney,
Modugno, Flannery, Dunn and Thomas in favor, no one
opposed. Motion carries 6-0.
Delaney: Motion to accept the as-built plans as submitted,
seconded by Dunn. Dinkin, Delaney, Modugno, Flannery,
Dunn and Thomas in favor, no one opposed. Motion carries
6-0.
Special Permit request #99-98: Set date for public hearing on
request to convert multi-unit building at 10-16 Bow Street to 100%
residential use in the "CC" zoning district / Richard Goldberq
Cassidy updates the members and states that a Special Permit
request has been received for permission to convert a currently
used commercial unit into a residential unit. Cassidy further
states that plans have been submitted to the Planning Board and
that the Board may want to schedule a public hearing date for the
Board's March meeting.
Delaney: Motion to echedule a public hearing for Special Permit
request #99-98, 10-16 Bow Street for the Board's next
meeting scheduled for March 17, 1998, seconded by
Flannery. Dinkin, Delaney, Modugno, Flannery, Dunn and
Thomas in favor, no one opposed. Motion carries 6-0.
Adjournment
Delaney: Motion to adjourn, seconded by Ftannery. Dinkin,
Delaney, Modugno, Flannery, Dunn and Thomas in favor, no
one opposed. Motion carries 6-0.
Meeting was adjourned at 9:00 p.m.