1996-04-01 ,irman
James A. Manzi
Vice Chairman
RichBrd Dinkin
Planning Director
Tina P, Cassidy
William Delaney
Joanne Dunn
Ellen K. Flannery
Salvatore Modugno
D. Stephen Papa
Barry Sullivan
John Thomson
Minutes
Beverly Planning Board
Monday, April 1, 1996
Special Meeting
Members present: Chairman James Manzi, Vice-Chairman Richard Dinkin, Salvatore Modugno,
John Thomson, Ellen Flannery, Joanne Dunn, Steve Papa and Bill Delaney. Also present were
City Planner Tina Cassidy, Assistant City Planner Debbie Hurlburr and Commissioner of Public
Works George Zambouras.
Manzi calls the meeting to order at 7:30 p.m.
Dinkin:
motion to recess for public hearings end reconvene, seconded by Thomson; all
members in favor, motion carries.
Public Hearing (continued): Aileen's Way Definitive Subdivision off Meadow Road
/ Richard and Aileen L'Abbe
Cassidy rereads the legal notice and explains that the applicant and the Dallas' attorney were to
meet to discuss the Woods Road access issue and to try to come to some type of resolution.
Attomey Thomas Alexander addressed the Board and stated that he did in fact meet with
Attorney Mark Glovsky and the Dallas' regarding the road and discussed the possibility of
providing a stub through Lot 5, if the Dallas' gave a land swap to the back of Lot 5. Alexander
states that the Dallas's did not wish to do that as this time.
Jack Shide, President of the Willow Pond Association states that he has a petition that contains
signatures from 32 lot owners that have water coming onto their property.
Dinkin asks where the stub-outs are located. Alexander states that they would stub to the North
but not stub to the South.
Manzi states that abutter Maestronzi was concerned with his easement which crosses over the
applicants prope~7. Alexander states that they have already concluded that it is a land court
fight-of-way, and it is a way that has 10-12' in width, and there will be no blockage.
City Hall 191 Cabot Street Beverly, Massachusetts 01915 (508) 921-6000 Fax (508) 922-0285
Minutes of the Planning Board
April 1, 1996 meeting
page two
Dinkin asks if the two lots that the right-of-way crosses will have easements. Alexander states
that they will.
Delaney asks if the engineer could talk about the drainage in the area and give the Board an
overview. Bill Manuel of Hancock Environmental states that this is a closed drainage system,
and that the outlet will go to one or two detention systems, or to open space area at Willow
Pond. Manuel states that he has discussed this with the City Engineer to meet the City's
concerns and that they have been addressed. Manuel adds that the drainage calculations and the
100 year m-off does not increase the m-off, and to a small degree it improves the area.
Manuel states that most of the flow ms away from the pond and only a small portion of m-off
flows toward the pond.
Delaney asks what are the characteristics of these detention ponds. Manuel states that they are
shallow, grassy, with one to two feet of area which will be maintained by the City.
Delaney asks if the m-off will flow to catch basins. Manuel states that it will. Delaney asks
where they continue to. Manuel states that the catch basins connect to a concrete pipe. Detaney
asks how big the pipe is. Manuel states that it is a 24" rcp.
Delaney asks what is expected of the City in order to maintain the system and where does the
liability lie. Alexander states that the ownership will be with the property owner and ms'retained
by the City only. Cassidy states that the deeds will have a record on the deed stating that the
owners are responsible.
Cassidy reads comment letter from the Fire Deparm~ent (see file).
Cassidy had asked George Zambouras to attend the meeting to explain this subdivision and how
this proposal affects the Willow Pond development. Zambouras states that the Conservation
Commission' s filing shows a pvc pipe but the original filing does not, although the Conservation
Commission did approve the plan showing the pvc pipe. Zambouras adds that he has reviewed
the calculations and that this development did not have an adverse impact on Willow Pond.
Delaney states that there seems to be flooding problems there. Zambouras states that the pond
is described as a detention basin and the outlet has control structures to limit how much is
released. Additionally, the Conservation Commission denied some of these lots to be built upon
but the Department of Environmental Protection superseded the Commission and let the lots be
built.
Delaney asks if there are any further problems at the outlet. Zambouras states that he can look
at the outlet to see if it is releasing enough water. Zambouras adds that the open brook at Old
Essex Street could be enlarged, it is deep enough but not wide enough. Zambouras states that
this proposal will be adding volume but the rate is not increased.
Minutes of the Planning Board
April 1, 1996 me~ing
page three
Thomson asks if there has been any 100 year storms lately. Zambouras states no, but the last
big storm was in October, which was not a 100 year storm but it was close. Zambouras states
that it rained 5.2" in 6-8 hours.
Thomson asks if the existing Willow Pond is functioning currently. The residents responds no
in nnison. Zambouras asks why the residents do not believe that it its functioning correctly.
Shide states that Meadow Road flooded in May of 1987. Shide also states that the Conservation
Commission did some work at the upper area to try and replicate the area to no avail. Shide
states that the 24" pipe is not up to spec and that the water is not flowing as it should, and that
6' of the shore line has been eaten up by previous storms which are not even the 100 year
storms. Shide adds that there has been water problems now and more development will only
have an adverse affect on the area. Shide supplied the Planning Board will a petition stating that
drainage is a problem, and that as the situation stands now more water can not be tolerated.
Manzi states that when this subdivision was being constructed the Planning Board went out to
where the contractor was digging and the foundations appeared too deep.
Manuel states that this is a six lot subdivision and the drainage for four of the house lots are
flowing in a different direction, to a different water shed, and that only a small mount of water
is flowing toward Willow Pond.
Jane Pica of 24 Meadow Road states that she built a home two years ago and she has the highest
foundation and water is still a problem. Manuel states that Pica lives where the Conservation
Commission denied approval and that it was superseded by the Department of Environmental
Protection and the land was a filled area.
Ken Noonan of 28 Meadow Road states that trees have been cleared for conservation reasons in
the back in the past two years and there was an increase in water just from the clearing of trees.
Gene Kokoska of 26 Meadow Road has concerns regarding the existing water problems.
Janet Appleton of 320 Essex Street states that part of the pond is on her property and that there
is a dam there that stops the flow and that this brook should be free flowing.
Renee Mary of 240 Hale Street states that something should be done about the brook to improve
the conditions.
Thomson asks Appleton if the dam between Willow Pond and her pond is preventing water to
come onto her property via the brook. Appleton responds yes. Thomson asks if during flood
conditions if there is any water in her pond. Appleton responds that her pond will get wet but
then will dry out.
Minutes of the Planning Board
April 1, 1996 meeting
page four
Zambouras states that the dam is holding back more water then was originally built to do.
Shide states that the Willow Pond Association is currently paying for maintenance of the control
structure.
Alexander states that the Conservation Commission did issue an Order of Conditions which were
not appealed.
Thomson states that during the site visit he saw a pipe that was quite high and asks if it is
intended for overflow. Zambouras responds that he believes that the pipe is too low not too high.
Dinkin asks if it is fair to say that the drainage system is badly implemented. Zambouras
responds no.
Shide states that in 1990 the Conservation Commission did a study of the Willow Pond floor and
presently with the addition of silt and peat that the Pond is in jeopardy.
Cassidy reads petition from the Willow Pond Association (see file).
Delaney asks if there is an interrelationship between the outflow of the existing pond and the
increase of volume of water as it affects the existing subdivision. Delaney asks if it is necessary
to know if the existing pond is working and how that affects the entire drainage system.
Zambouras responds that there is an interrelationship if the existing control structure is
functioning, and that is a crucial issue. Zambouras adds that the control structure has an
emergency overflow which will still allow for the water to spill over.
Manzi asks there was any other comments regarding this proposal. There being none Manzi
declared the Public Hearing closed.
· Public Hearing (continued): Pearson Road Definitive Subdivision off Old Rubbly
Road
Cassidy rereads legal notice for this Definitive Subdivision plan. Cassidy also read Department
comxnent letters.
Alexander states that he met with the neighbors and discusses the 20' no-cut buffer on the edge
of the rear of the subdivision. Alexander adds that they are seeking a waiver for the sidewalk
adjacent to the Martucci property which would instead have a landscaped buffer instead of a
sidewalk.
Minutes of the Planning Board
April 1, 1996 meeting
page five
Tim LiPorto of 2 Old Rubbly Road asks if there are improvements to Essex Slxeet and if there
is adequate flow. LiPotto asks if changing the size of the pipe will have capacity to carry current
flow and additional flow. LiPorto asks is the madway is longer than the 500' requirement.
LiPorto states that Palardy was the co-developer of Old Rubbly Road which took five years to
finish and he didn't ridfill what was initially slated to be done. LiPorto ash who is to provide
fire protection, and that the fife boxes don't currently work and are not connected. LiPorto asks
if there are any waivers requested. Cassidy reads wavier list (see file).
Cassidy responds to the issue of the length of the roadway. Cassidy states that due to the
required installation of an emergency access road between Hathaway Avenue and Old Town
Road, there will be a second means of access, and emergency vehicles could access this vicinity
quickly, therefore the 500' rule is not an issue and no waiver from that requirement will be
necessary.
Alexander states that the fire boxes are there however he has been waiting for the City
Electrician to come down to the area to connect the box. Zam,bouras states that City Electrician
Fred Young is checking out prices.
Cassidy asks what the name of the new roadway would be. Palardy responds that it will be
Sunday Drive.
Ralph Parker of 51 Hathaway Avenue states that he bought his house in 1960, and asks if his
street is to be considered no longer a dead-end slxeet, and if it is, is it due to the emergency
access issue. Parker adds that two years ago he had 6" of water in his basement and he had to
have 5 pumps going to get the water out. Engineer Vernon Leblanc states that water will be
diverted down the new subdivision road to Essex Street.
Manzi asks if the City is responsible for cleaning of easements. Zambouras responds that the
City will clean even if there is no easement.
Manzi asks if there are any more comments regarding this proposal. Hearing none Manzi
declared the Public Hearing closes.
Dinkin:
Motion to recess for five minutes, seconded by Flarmery. All members in favor.
Motion carries.
Meeting was reconvened at 9:05 p.m.
1. Discussion/Decision: Aileen's Way Definitive Subdivision off Meadow Road
Cassidy restates that the Public Heating portion had been closed.
Minutes of the Plann'mg Board
April 1, 1996 meeting
Page six
Dinkin states that there were a number of waivers and asks Cassidy if she would reread them.
Cassidy rereads waiver list (see file).
Thomson states that there is one waiver that bothers him and that is the waiver of the 500' length
of the dead-end street. Thomson states that the drainage situation also concerns hun, and that
the drainage is already muddled out there and that this proposal would be an additional burden
to Willow Pond.
Delaney states that he feels the same, and that the water situation is very troubling. Delaney
adds that the Board has an opinion from the DPW which indicates that the design calculations
compliment the City' s Rules and Regulations, but we have a deficiency in our information, not
in theory but in actuality and that it is critical that we look at what is curren~y happen'rag there.
Delaney states that he agrees with Thomson that the 500' road length is an issue.
Dinkin states that it is clear that this developer cannot be held responsible for a system that is
not functioning previously. Dinkin adds that this project abuts an area that is troubled from a
drainage prospective and that the addition of more water flow is troubling. Dinkin adds that in
the informal discussion of this project the Planning Board members voiced that the extension of
the 500' waiver was going to be troublesome, and that this extension is almost 3 times the length
of what the Rules and Regulations allow.
Cassidy responds that the Board must file their decision by tomorrow or seek an extension.
Thomson:
Motion to deny the applicants' request for a waiver of the Board's regulation
regarding the maximum length of a dead-end street, and approve the rema'ming
requested waivers, seconded by Dinkin. All members in favor. Motion carries.
Alexander states that he would like to withdraw, without prejudice, the subdivision application
from the Board's consideration. Cassidy states that she needs a letter in writing. Casstdy reads
the request to withdraw without prejudice letter.
Thomson:
Motion to allow applicant to withdraw without prejudice for the Definitive
subdivision for Aileen's Way, seconded by Dinkin. All members in favor.
Motion carries.
2. Discussion/Decision: Pearson Road Subdivision off Old Rubblv Road
Cassidy reminds members that the Public Hearing is closed. Cassidy readdresses the waivers that
are requested.
Minutes of the Planning Board
April 1, 1996 meeting
page seven
Dinkin states that prior to voting the Board may want to look at the Order of Conditions issued
by the Conservation Commission. Hurlburr responds that the Conservation Commission has not
yet issued an Order of Conditions and will be discussing this proposal at their April 9 meeting.
Thomson asks that if the 12" pipe was replaced would that solve some of the problems.
Zambouras states that it would, however the section of pipe was supposed to be removed
previously but the homoowner would not allow access to the properly.
Thomson asks if the City can speak to the applicant about bearing the cost of the installation of
the new pipe. Zambouras states that he could.
Cassidy asks if a cost estimate could be ascertained. Zambouras states that it easily could.
Cassidy states that there definitely is an easement but she doesn't know if it is a City easement.
Manzi states that the Board needs to know more about the easement situation.
Delaney asks who owns the pipe. Zambouras states that if it does not benefit the City then the
homoowner owns the pipe.
Cassidy explains the time line that the Board must make their decision.
Alexander states that the problem with the pipe is that the City does not know where the 12" pipe
extends to and where it ends. Delaney asks where the pipe expands out. Zambouras responds
to the south and east of the roadway.
Thomson: Motion to table discussion of this proposal to the Board's next meeting on April
17, seconded by Dinkin. All members in favor. Motion carries.
3. Discussion re~ardin~ City Council Order #36
Cassidy reiterates Council Order #36 regarding an amendment which would increase the
maximum number of rentable rooms in bed and breakfast establishments from three to five.
Dinkin:
Motion to recommend City Council Order #36 be adopted, seconded by Papa. All
members in favor. Motion carries.
4. Discussion rel~ardinl/City Council Order #115
Cassidy reiterates Council Order #115 regarding an amendment which would require Commercial
Mobile Radio Service (CMRS) transmission devices be required to obtain a special permit.
Minutes of the Planning Board
April 1, 1996 meeting
page eight
Dinkin:
Motion to recommend City Council Order #115 be adopted, seconded by
Thomson. All members in favor. Motion carries.
5. Minutes
Dinkin:
Motion to approve the minutes of March 19, 1996, seconded by Hannery. All
members in favor. Motion carries.
6. Old/New Business
Cassidy reminds members that the Board would be meeting on Wednesday, April 17, 1996
instead of Monday, April 15 due to the holiday and the Council needing the Chamber, therefore
the Board's meeting will be bumped to Wednesday evening.
Cassidy states that members will be invited to an appreciation night sponsored by area business
initiated by the Mayor for May 3, 1996 at the Victoria-Rocci Post.
Cassidy hands out a list of proposed zoning amendments which she wanted the Board to review
and for discussion at a later date.
7. Adiournment
Dinkin: Motion to adjourn, seconded by Thomson. All members in favor. Motion carries.