1996-11-19Chairman
James A. Manzi
Vice Chairman
Richard Dinkin
Plannlng Director
Tina P. Cassidy
Wilfiam Delaney
Joanne Dunn
Ellen K. Flannery
Salvatore Modugno
D. Stephen Papa
Barty Sullivan
John Thomson
Minutes
Beverly Planning Board
November 19, 1996 Meeting
Members present: Chairman James Manzi, Joanne Dunn, Bill Delaney,
John Thomson, Barry Sullivan, Ellen Flannery, Stephen Papa,
Salvatore Modugno; also present: Planning Director Tina Cassidy,
Assistant Planning Director Pebble Hurlburr and Susan Akerman,
Secretary to the Board.
Chairman Manzi calls the meeting to order at 7:30 p.m.
Delaney: motion to recess for public hearings, seconded by
Sullivan. All in favor, Motion carries.
Public Hearing: Special Permit application #93-96 for pork
chop lot at 22 Paine Avenue / Paul Quinn, First City
Development Corporation.
Cassidy updates the members and states that memorandums have been
forwarded to the City Solicitor's Office but there has been no
response as of yet. Cassidy states that final flow tests have been
done but there have been no comments yet.
Delaney:
motion to continue public hearing to the next meeting
scheduled for December 17, 1996, seconded by Sullivan.
All in favor, Motion carries.
Delaney: motion to reconvene to regular session, seconded by
Sullivan. All in favor, Motion carries.
Discussion/decision: Special Permit application #94-96 and
site plan review application #27-96 for addition to Mayflower
Moominq House on Cabot Street / Robert & Cheryl Brilliant.
Delaney states that he is concerned that the proposed addition to
the Mayflower Rooming House is not appropriate for piece of
property and that the intensity for the location is not
appropriate. Delaney states that he is also concerned for the
City Hall 191 Cabot Street Beverly, Massachusetts 01915 (508) 921-6000 Fax (508) 922-0285
P1Rnning Board Minutes
Nov-mher 19, 1996 Meeting
Page Two
abutters in the rear for what is proposed, and believes it will
change the character of the area and affect their property value.
Thomson states he shares Delaney's concerns and states that he is
concerned with the dimensional aspect of the building and believes
that the property value will be impacted.
Cassidy summarizes Alexander's letter.
Delaney:
motion that special permit application #94-96 and the
site plan review application #27-96 for an addition to
the Mayflower Rooming House be denied on the grounds that
the site at 325 Cabot Street is not an appropriate site
for use being proposed; that the characteristic of the
neighborhood will be adversely affected; that there is
factual evidence that property values of adjacent
properties will be adversely affected and that nuisance
and traffic would result from the addition, seconded by
Thomson. All in favor, Motion carries 7-1 abstention.
Discussion/decision: Woodland Road definitive subdivision
plan / S & J Development.
Cassidy updates the members and states that a request was received
from the Commissioner of Public Works for supplement drainage
information and that numerous letters have been received from
neighbors and a signed petition has been received and filed.
Delaney states that there is information that has not yet become
available that is critical before the Board can make a decision.
Delaney:
motion to accept the extension that has been submitted by
applicants attorney, seconded by Sullivan. All in favor,
Motion carries.
Delaney: motion to continue discussion to the December 17, 1996
meeting, seconded by Flannery. All in favor, Motion
carries.
Discussion/decision: Porter Terrace Preliminary SubdivisioD
Plan / Crosby and Davis.
Cassidy update the Members.
Delaney states that he has looked at the site and he is concerned
with the configuration of the hammerhead turn around, and the two
waivers (a) the radius at Porter Terrace and (b) the width of the
pavement.
Planning Board Minutes
November 19, 1996 Meeting
Page Three
Thomas Alexander addresses the Board and states that they will look
at the design of the hammerhead and radius. Alexander states that
this is essentially a long driveway to service two lots.
Delaney asks Alexander if he and his client would grant an
extension. Alexander responds yes.
Delaney:
motion to accept
Attorney Alexander,
Motion carries 7-1.
the extension being
seconded by Flannery.
submitted by
All in favor,
Delaney:
motion to continue the discussion on the preIiminary
subdivision plan to the December 17, 1996 meeting,
seconded by Sullivan. All in favor, Motion carries 7-1.
· Subdivision Approval Not Required Plans (SANR's).
a. Dodqe Street / Crosby
Cassidy explains that the owners of this property are seeking to
divide the lot into two to create a second lot. Lot 9A has 100
feet of frontage on Perishing Avenue and Lot 10A has more than the
necessary frontage. The plan meets the Board's requirements for
ANR plans and should be endorsed as such.
Delaney:
motion to endorse the plan of land for Dodge Street as
one not requiring approval under the Subdivision Control
Law, seconded by Modugno. All in favor, Motion carries.
b. Thissel Street
Cassidy explains that Parcel A, Lot 2A, is being conveyed to
Benjamin and Cecily Voughan. The plan meets the Board's
requirements for ANR plans and should be endorsed as such.
Delaney:
motion to endorse the plan of land for Thissel Street as
one not requiring approval under the Subdivision Control
Law, seconded by Papa. All in favor, Motion carries.
c. Access Road / Carnarvale
Cassidy states that the Board previously approved a pork-chop lot
special permit for this lot and that it was now appropriate to sign
this as an ANR Plan. The plan meets the Board's requirements for
ANR plans and should be endorsed as such.
Delaney:
motion to endorse the plan of land for Access Road as one
not requiring approval under the Subdivision Control Law,
plan is not to be released from the Planning Department
until the City Clerk's signature indicating that the
Planning Board Minutes
November 19, 1996 Meeting
Page Four
appeal period has passed and no appeal action was taken,
seconded by Sullivan. All in favor, Motion carries.
Oak Heights Estates:
set-aside funds for
"improvements"
Request from
tot lot
residents to reallocate
from "maintenance" to
Cassidy updates M~mhers and states that the residents want the
$3,000.00 that has been set aside to maintain the tot lot to be
used to improve the lot. (i.e. trash barrels, trees, wood chips
replaced).
Thomson:
motion to authorize George Zambouras to use the $3,000.00
that has been set aside for maintenance and/or a
combination of maintenance/improvements, seconded by
Modugno. All in favor, motion carries.
646 Hale Street: Request for finding of specific and material
change to variance appl~,cation; permission to reapply to the
Board of Appeals within two years of a variance denial /
Attorney Thomas Alexender
Attorney Alexander addresses the Board and states that he went
before the ZBA to request a variance petition. Alexander explains
that the variance petition exists for a three family house and his
client is seeking to get variance to create two lots plus maintain
the three family dwelling but. to be used as only a two family
house. Alexander states that a driveway exists and that the access
is not as good as it should be but access of the driveway will be
widened sufficiently enough so that the City can get emergency
vehicles in.
Delaney:
motion to find specific and material changes to
application present now as oppose to original, seconded
by Papa. All in favor, Motion carries 8-0.
Delaney:
motion to grant applicant to reapply to the Board of
Appeals for a variance, seconded by Modugno. All in
favor, Motion carries 8-0.
Approval of Minutes: September 12, 1996 regular
October 9, 1996 Special Meeting, October 15, 1996
Meetinq, and October 28, 1996 Special Meetinq.
meeting,
Regular
Chairman Manzi asks if there are any corrections that need to be
made to the minutes as drafted. There are none.
Delaney:
motion to approve the minutes of the Board's September
12, 1996 regular meeting, the Board's October 9, 1996
special meeting, the Board's October 15, 1996 regular
Planning Board Minutes
Nov.mher 19, 1996 Meeting
Page Five
meeting and the Board's October 28, 1996 special meeting,
seconded by Thomson. All in favor, Motion carries.
· New or Other Business
a. 30 Rantoul Street: Special Permit / Fire House Takeover
/ L. ltalien
Cassidy updates the Members and states that the applicant wants to
open a fast food establishment on the first floor of 30 Rantoul
Street, that the applicant went to the Board of Appeals to seek
permission for a variance and is now seeking permission f~om the
Planning Board that a special permit be granted and requests the
Board to schedule a public hearing at the next regular meeting.
Thomson:
motion to set a hearing date for
meeting, seconded by Sullivan.
carries.
the December 17, 1996
All in favor, Motion
b. Conifer WaY: Accept passbook for sale of lots.
Cassidy updates the Members.
Delaney:
motion to accept the certified check in the amount of
$14,312.00 as surety to guarantee completion of Conifer
Way development, seconded by Sullivan. All in favor,
Motion carries.
Delaney:
motion to release Lots No. 2 & 3 of Conifer Way for sale
purposes only, seconded by Thomson. All in favor, Motion
carries.
c. Moore Circle Subdivision: Endorse Plan
Cassidy updates the Members and states that there is an outstanding
issue regarding trash pick-up with the City of Beverly for three
lots at Moore Circle that needs to be resolved and that there are
two different types of curbing; Danvers has bituminous concrete and
Beverly has sloped granite. Cassidy suggests that the Board
consider a minor modification to clarify this curbing issue.
Thomson:
motion to grant a minor modification to allow Bituminous
concrete curbing in Beverly, seconded by Papa. All in
favor, Motion carries.
Cassidy explains that a plan needs to be endorsed by the Planning
Board with a date of November 19, 1998 with a two year completion
date and that an active court case is outstanding - Order of
Remand.
Planning Board Minutes
Nov-m~er 19, 1996 Meeting
Page Six
Cassidy suggests that the Board should:
1. Approve Form G Covenant as surety.
Instruct the Chairman to write a letter to the Judge to
indicate that there are no further impediments and could move
forward when appeal period process passes.
Conditionally approve plan until a court order is resolved.
Thomson:
motion to endorse plan as approved as modified with minor
non-condition that no further changes be made to plan and
that the plan is not to be released until a final order
is filed with the City Planner and to ask the Chairman of
the Planning Board to communicate with the Court that
this approval has been granted and indicate conditions,
seconded by Delaney. All in favor, Motion carries.
Sullivan:
motion to accept the Form G Covenant with a completion
date of November 19, 1998, seconded by Delaney. All in
favor, Motion carries.
d. NiCole Avenue: Endorse Plan
Cassidy updates the Members and states that a pump station is
existing, that there are two easements for a sewer line and that
there is no executed easement for sewer line.
Cassidy states that the Board cannot act on this because all
conditions of the subdivision have been met, therefore, cannot sign
an ANR because there is no approved way.
Thomson: motion to permit applicant to withdraw the ANR plan,
seconded by Sullivan. All in favor, Motion carries.
e, Chapter 91 License Application / Mr. & Mrs Clark
Cassidy states that a Chapter 91 license for 40 Crescent Avenue is
on file with the Planning Board as required, and that it is
available for Members to review.
Delaney: motion to adjourn meeting, seconded by Flannery. All in
favor, Motion carries.
Meeting is adjourned at 9:30 p.m.