1996-10-09 William Delaney
James A. Manzi ~ ~.~~ Joanne Dunn
Vice Chairman Ellen K. Flannery
Richard Dinkin Salvatore Modugno
D. Stephen Papa
Planning Director Barry Sullivan
Tina P. Cassidy John Thomson
Minutes
Beverly Planning Board
October 9, 1996 Special Meeting
Members present: Chairman James Manzi, Vice-Chairman Richard
Dinkin, Salvatore Modugno, Joanne Dunn, Bill Delaney, Stephen Papa,
John Thomson, Barry Sullivan, .Ellen Flannery; also present:
Planning Director Tina Cassidy, Assistant Planning Director Debbie
Hurlburt 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
Thomson. All in favor, Motion carries.
· Public Hearing: Nicole Avenue Definitive subdivision plan and
Watershed Protection Overlay District special permit / Tom
Carneva!e, R.C. Realty Trust
Cassidy reads legal notice. Manzi asks if Counsel would like to
make presentation.
Michael McCarron, attorney representing Tom Carnevale, introduces
himself to the Board and explains that Mr. Carnevale owns property
located on Hull Street, Beverly, with a portion of it located in
the Town of Wenham. McCarron explains that Mr. John Ricci of Hayes
Engineering is also present this evening.
McCarron explains that they are proposing a four (4) lot
subdivision located in the City of Beverly even though a portion of
the property is located within the Town of Wenham. McCarron
explains that they will not be creating any buildable lots in
Wenham, nor will they be applying to the Wenham Planning Board for
any approval pursuant to the Subdivision Control Law. McCarron
explains that the roadway, Nicole Avenue, doesn't have status in
Wenham its only for the purpose of creating more buildable lots
within the City of Beverly. McCarron reviews the history of the
project and asks Mr. Ricci to describe the lots, the proposed
structure of the roadways, the utilities and the request for
waivers.
Ci~ Hall 191 CabotStreet Beverl~ Massachusetts01915 (508) 921-6000 Fax ~08) 922-0285
Ricci addresses the Board and presents revised plans to the
Chairman. Ricci explains that the four lot subdivision has a 32
foot wide paved roadway with curbing and sidewalks. Ricci states
that all four lots conform to the zoning requirements in Beverly,
all lots will be serviced by underground utilities as well as
municipal water and sewer. Ricci reads letter from George
Zambouras (On File). Cassidy states that Zambouras spoke with her
regarding two issues. The first issue is in regard to the design
of the pump station. Cassidy states that Zambouras will provide a
design to the engineer. Cassidy adds that the second issue
Zambouras is concerned with is the size of the easement that is
proposed for around the pump station in which he explained to Tina
that he is particularly concerned that the size might not be big
enough to provide him with room necessary, therefore causing a
cross over onto someone's private property.
Delaneyquestions the issue of an easement for sewer lines. Ricci
explains that they have an easement for maintenance purposes and
also an easement from the abutter to allow them to run the sewer
lines through their property and onto Hull Street. (See file).
McCarron explains that in their submission they are asking for two
waivers, one from section 5.D.2 which requires that sidewalks be
installed on both sides of the street, and a waiver from section
5.E.1.A which requires vertical granite curbing. McCarron states
that they are asking for a waiver from those two requirements and
would propose slope granite curbing along the roadway, sidewalks on
the right hand side of the street to terminate at the end of the
cul-de-sac. McCarron adds that in exchange for the granting of
these two waivers, they would extend the sidewalk along Hull
Street.
McCarron shows pictures indicating the area in front of Hull Street
where there are no sidewalks at present and where they are
proposing to extend the sidewalk 125 feet longer.
McCarron explains that his client would like to see a notation on
the plan that the sewer service will only service the City of
Beverly and not service the Town of Wenham.
McCarron explains that the roadway has potential status for
acceptance as a public way by the City and discusses if a notation
should be put on the plan that it is a private way until accepted
by the City of Beverly.
McCarron explains that this filing also incorporates a request for
a special permit for a residential development in excess of two
house lots in the Watershed Protection Overlay District. McCarron
explains that there are over two miles between the reservoir and
the subdivision.
Cassidy reads the following letters to the Members:
- Letter dated 7/16/96 from DPW, George Zambouras. (On File).
- Letter dated 5/31/96 from Beverly Board of Health.
(On File).
- Letter from Police Department. (On File).
- Letter dated 6/11/96 from the Fire Department (On File).
- Letter dated 7/15/96 from Beverly/Salem Water Supply Board.
(On File).
- Letter dated 8/6/96 from the Law Firm of Serafini, Serafini
& Darling, Salem, MA. (On File).
Chairman Manzi opens discussion to the public.
David Geikie, of the Wenham Planning Board asks if any of these
lots will have driveways in Wenham.
Ricci explains that Lot #4 has its driveway in Beverly but in order
to meet the Beverly Zoning Ordinance a portion of its frontage will
be located in Wenham.
Geikie asks approximately how much of it will be in Wenham.
Ricci explains that 32 feet is in Beverly with 400 feet or so in
Wenham.
Geikie asks if they could show him the delineation of Lot #4 and
the delineation of the Wetlands on the map. McCarron shows the
outline on the map.
(Ellen Flannery joins the meeting at 8:00 p.m.)
Geikiequestions if the land at the upper right is developable and
if it could be separated and developed in the future. Ricci
responds no, that it is all part of Lot #4 and explains that the
soils in this area would perclude dividing the lot under current
regulations.
Geikie asks if all water and sewer permits have been obtained in
the City of Beverly. Ricci states that they will be.
Geikie questions the maintenance of the streets. McCarron explains
that the sewer stays entirely within the City of Beverly and the
water main is tapped off at Hull Street and explains there is no
maintenance of the streets at this time because it still a private
way until it is accepted as a public way, which may or may not ever
occur.
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Geikie states he would like to see the Planning Board make a
notation on the plan indicating these lots are on a private way
until the City of Beverly or Wenham agree on the maintenance.
Ms. Joan Murphy of 36 Longmeadow Road asks where the children will
go to school. McCarron states the City of Beverly.
Murphy asks if the taxes are going to be paid to both communities.
McCarron states only Lot #4 will pay to both.
Chairman Manzi asks if any other members of the public wish to be
heard by the Board. Hearing no response, Chairman Manzi closes the
public hearing.
s Public Hearing: 7-11 Access Road pork-chop lot special
permit/David Camevale.
Cassidy reads legal notice. Chairman Manzi asks if Counsel would
like to make a presentation.
Attorney Thomas Alexander introduces himself to the Board and
states he is here on behalf of David Carnevale and explains that
they are seeking a special permit for the pork chop lot on Access
Road. Alexander reviews the history of Access Road and explains
that they want to cut out a conforming lot closer to Dodge Street.
Alexander states that there will be very little impact on the area,
there are no close abutters, and he reviews the wetland area.
Alexander states that Mr. Vernon LeBlanc, engineer for the project,
is also present this evening.
Cassidy reads letters to Members.
- Letter dated 8/21/96 from the Police Department. (On File).
- Letter dated 9/19/96 from Joan Murphy, 36 Longmeadow Rd.
(On File).
Chairman Manzi opens meeting up to the public.
Mr. Lawrence Atherton, 5 Access Road asks if the development is
going to have city sewerage. Carnevale responds yes.
Murphy asks if sewer shown is shown on the current plan and if it
will be completed before any buildings go up. Alexander responds
yes.
Murphy asks if there will be enough room for the sewer system to be
installed behind Lots #9 & 11 and states she doesn't think it
appears to have enough room and explains that there are a lot of
wetlands behind this area add states the wetlands are a concern to
her. Alexander states there is 25.5 feet from the back lot line.
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Murphy explains that parking is another concern to her and asks if
there is going to be parking for a six (6) unit dwelling.
Alexander states there will be parking for a five (5) unit
dwelling. Murphy states that there are many cars being parked on
this narrow street and shows pictures to the Board. Alexander
explains that most of the cars are from the construction workers.
Murphy asks if sidewalks are required for the pork chop lot or just
the street. Alexander states it is not a subdivision and sidewalks
are not required.
Atherton states that there is no problem with cars there.
Mrs. Salimino, a resident of Beverly, asks about water pressure.
Tina Cassidy reads letter from Fire Department. (On File).
Cassidy asks if Mr. Alexander could elaborate with respect to the
Fire Department's sign off on the Building Permit Application.
Alexander states that flow tests will be done this week by the Fire
Department.
Cassidy explains that the Fire Department won't sign off on a
building permit application and let a house go under construction
until their sure they have the fire flow there.
Cassidy reads letter dated 9/17/96 from the Board of Health. (On
File).
Thomson asks if the plan is for a five unit dwelling. Alexander
states it is zoned for single family units.
Delaney asks how many additional lots. Alexander states one.
Chairman Manzi asks if any other members of the public wish to be
heard by the Board. Hearing no response, Chairman Manzi closes the
public hearing.
· Public Hearing: 9 Thaxton Road Waiver From Frontage
Requirements of Zoning in accordance with MGL ch. 41,
Section 81-R / Mitchell Carrier
Cassidy reads the legal notice. Chairman Manzi asks if Counsel
would like to make a presentation.
Allan Swan, Attorney representing Mr Mitchell Carrier, introduces
himself to the Board and explains the history of Lot 102A and Lot
102B and explains the lots must have 150' of frontage according to
the zoning ordinance. Swan explains that the two lots will be
accessed by a 15 foot driveway easement which was granted by the
Zoning Board of Appeals. Swan indicates that this variance that
was granted was appealed by abutters; However, there has been
resolution to this appeal with Conditions. Swan notes that the
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Agreement for Judgment has a condition that involves the placement
of a 50 foot buffer zone along the lot line, which is a no-build
zone. Swan explains that the Agreement for Judgement is on file is
requesting the Board to approve this as a definitive plan, and if
Board approves as definitive plan there be a condition thatan ANR
plan be submitted.
Cassidy reads letter to the Members:
- Letter dated 9/3/96 from the Police Department. (On File).
- Letter dated 9/11/96 from the Beverly Board of Health.
(On File).
- Letter dated 9/17/96 from the Beverly Fire Department.
(On File).
Chairman Manzi opens discussion to the public.
Deborah Owen, 5 Cumnock Street asks if the buffer zone will bring
the houses closer to Cumnock Street, and explains that she is
concerned with water run off onto her property. Swan states it
shouldn't be a problem.
Richard Silver, 6 Thaxton Road states he is concerned with the
water that flows down from the end of Cumnock Street and explains
that he has two sump pumps running constantly and states it is a
problem. Silver explains that the lot on Cumnock Street is all
ledge and asks if there will be any blasting. Swan states he is
not sure yet. Chairman Manzi explains that even if they do have to
blast they would have to have a pre-blast survey done by the Fire
Department prior to any work being conducted.
Delaney asks for a brief history of the title of ownership and asks
how long his client has owned the property. Swan states Carrier
has owned this property since 1985 and states he did not represent
Mr. Carrier at that time and explains the history to the best of
his knowledge.
Delaney asks if the Agreement for Judgement has been filed. Swan
stated if not already filed it will be within 24 hours.
Delaney asks if the indemnification applies to the parties that are
part of the law suit. Swan explains the Agreement for Judgement.
Suzanne Silver, 6 Thaxton Road asks for clarification regarding the
indemnification with respect to the neighbors and asks if there is
other damage due to waters going into their property does that
cover the parties who were involved with the litigation or does
that apply to other surrounding parties. Swan explains that if a
land owner makes any alterations in the land in the construction
process that results in any change in water run-off and causes
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damages to a neighbor or to any other properties in the
neighborhood they have a right of action against that land owner
and explains that there is a specific provision in the Agreement
for Judgement that addresses this issue.
Richard Silver states he would like to see something in writing
regarding water flow. Cassidy suggests that if the waiver is
approved that the plans could be specifically reviewed with respect
to the drainage issue by the Commissioner of Public Works and
perhaps he may recommend additional catch basins of some kind be
installed along Cumnock Street. Cassidy suggests that this issue
is something for the Board to consider.
Chairman Manzi asks if any other members of the public wish to be
heard by the Board. Hearing no response, Chairman Manzi closes the
public hearing and returns the Board to regular session.
Delaney: motion to recess for five minutes. Barry
Sullivan seconds the motion. All in favor,
motion carries.
(Richard Dinkin joins meeting at 9:00 p.m.)
Deianey: motion to reconvene, seconded by Flannery. All in favor,
motion carries.
1. Discussion/decision: Nicole Avenue Definitive Subdivision
plan and Watershed Protection Overlay District Special Permit
/ Tom Carnevale, R.C. Realty Trust.
Cassidy updates the Board regarding earlier discussion and states
that there are several waivers being requested; (a) that a sidewalk
be installed on one side on the new roadway, (b) that sloped faced
granite curbing be installed in place of vertical faced granite
curbing. Cassidy adds that the applicant stated that if waivers
were approved the developer would agree to install a sidewalk down
Hull Street to meet the existing sidewalk in Beverly. Cassidy adds
that the issue of municipal services has been a problem and until
such time as the City accepts this roadway, if ever, it will remain
a private way. Cassidy noted that the Board is faced with the
issue of how to put people on notice that there is an issue that
services might not be provided by Beverly or Wenham and until such
time as the City accepts the street, the roadway is to be
considered private. Cassidy also noted the developer should put
this issue in the Disclosure Agreement so that potential lot buyers
are aware that there is an issue of municipal services.
Thomson questions if there is an issue that sidewalks and curbing
be installed down Hull Street. Cassidy responds yes and explains
that one suggestion of Zambouras' is that a 5' sidewalk and curbing
be installed on Hull Street to meet the existing sidewalk.
Thomson questions the status of the sewer easement. Ricci responds
they have obtained an easement from the abutter for the purpose of
installing this sewer line. Ricci states that they will grant an
easement to the City on the appropriate lot so the City would have
the right and legal ability to maintain it.
Thomson questions if a signed agreement for the easement has been
submitted. Ricci states it is all documented, but not yet
submitted.
Delaney asks what is the approximate length of the sidewalk down
Hull Street and asked what type of curbing will be installed.
Ricci states the length is about 225' and that concrete curbing
will be installed to match the same type of curbing installed by
the City.
Delaney states that he is concerned with the sewer easement, and
that he would, in addition to having the developer provide the
Board with a signed easement, would be to have the issue of
services clearly stated that neither municipality has agreed to
provide any services to this private way and unless it is worked
out he suggests a notation be put on the Disclosure Form.
Delaney asks where would the developer propose, if granted this
particular waiver, to end the sidewalk. Ricci responds at the end
of the cul-de-sac.
Sullivan questions the waiver request for straight faced granite
curbing and asks the developer if they intend to continue the
sidewalk up Hull street. Ricci states that because there is ledge
on Hull Street it is more economical to install sloped curbing in
place of vertical curbing. Ricci notes if they can't get a waiver
they might have to reconsider.
Delaney states he would prefer to see straight faced curbing
instead of sloped faced curbing.
Delaney: motion to deny the applicant's request for a waiver from
the Board's Subdivision Rules and Regulations to allow
the installation of sloped-faced granite curbing
(straight faced granite curbing will therefore be
required), seconded by Sullivan, all in favor, Motion
carries 7-0.
Delaney: motion to approve the applicant's request for a waiver
from the Board's Subdivision Rules and Regulations to
allow the installation of a sidewalk on one side of the
roadway; a sidewalk must be installed from the new road's
intersection with Hull Street, along the building lots'
frontage in Beverly, around the cul-de-sac, into Wenham,
to the point of the stone bound to be set along the
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frontage for Lot #4, seconded by Thomson, all in favor,
Motion carries 7-0.
Delaney: motion to grant the special permit to allow a residential
development in excess of two house lots in the Watershed
Protection Overlay District subject to the condition that
a five (5) foot wide sidewalk and bituminous concrete
curbing be constructed on the easterly side of Hull
Street from the point of intersection of Nicole Avenue to
the point where the existing City sidewalk on Hull Street
in Beverly ends; that all lots in this subdivision are
subject to the following conditions contained in a letter
from the Salem/Beverly Water Supply Board (on file), (a)
the application of commercial fertilizers and pesticides
or herbicides containing the chemical 2-4D is prohibited;
(b) permitted fertilizer applications shall be limited to
one feeding in April and one in September of each year;
(c) fertilizers used must be of the slow release type
only, and the ratio of nitrogen, phosphorus and potash
must be no more than 10-5-5; (d) lime should be used
twice per year to limit the need for fertilizers; (e)
fertilizers, herbicides, pesticides, and salt shall be
used only with reasonable care and the Salem and Beverly
Water Supply Board shall have the authority to monitor
their use through testing and to require owner(s) to
reduce or eliminate their use of any substance which
reaches higher than historic or comparable levels; (f)
all heating oil storage tanks shall be located free-
standing on concrete floors in basements and all oil feed
lines shall be exposed (not buried under floors) so any
oil leaks can be readily detected. Oil fill pipes shall
be designed to minimize the risk of oil spills entering
the surface or groundwater; (g) members of the Beverly
Conservation Commission and the Superintendent of the
Salem and Beverly Water Supply Board shall be allowed to
enter on the properties at any time to make wetlands
and/or sanitary inspections and collect any necessary
samples; (h) the detention basin must be readily
accessible for maintenance purposes, seconded by Thomson,
all in favor, Motion carries 7-0.
Delaney: motion to approve the definitive subdivision plan
entitled Definitive Site Development Plan Nicole Avenue,
a conventional subdivision located in Beverly and Wenham,
MA, subject to 1) a notation be added to the definitive
subdivision plan to be recorded at the Registry of Deeds
stating that neither the City of Beverly nor the Town of
Wenham has agreed to maintain the roadway shown on this
subdivision plan, nor has either municipality agreed to
provide typical municipal services to the lots in this
subdivision until it is accepted as a public way by the
City of Beverly or the Town of Wenham. This condition
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must also be included in the Developers Disclosure
Agreement executed by the developer and must also be
included in the Lot Owner's Agreement and Acknowledgement
form to be signed by all homeowners in the development;
2) that a notation be added to the definitive subdivision
plan to be recorded at the Registry of Deeds stating that
"The City of Beverly is a member of the South Essex
Sewerage District. The Town of Wenham is not.
Discharges to the District system from sources outside of
the District boundaries are prohibited. The sewer line
serving the subdivision shall be located within the City
of Beverly and no dwelling or other source located
outside of the City limits may be connected, directly or
indirectly, to said line. The subdivision plan creates
no rights in any land located in Wenham to discharge to
the District sewer system."; 3) that the developer shall
construct a five (5) foot wide sidewalk and install
bituminous concrete curbing along the easterly side of
Hull Street from the point of intersection of Nicole
Avenue to the point where the existing sidewalk in
Beverly currently ends; 4) that the condition and
recommendations contained in letters from the Beverly
Board of Health dated May 31, 1996, the Beverly
Department of Public Works dated July 16, 1996, and the
Salem and Beverly Water Supply Board dated July 15, 1996
be incorporated into the recorded definitive subdivision
plan; the text of the letters from the Board of Health
and Salem and Beverly Water Supply Board shall be
incorporated onto the plans; and 5) the easement language
accompanying the easement for the proposed sewer line
shall be submitted to the Office of the Beverly City
Solicitor for approval prior to endorsement of the
definitive subdivision plan by the Planning Board,
seconded by Thomson, all in favor, motion carries.
2. Discussion/decision: Pork-Chop Lot Special Permit request for
7-11 Access Road / David Camevale
Thomson: motion to grant the special permit for the lot division
shown on a plan entitled Subdivision Plan of Land in
Beverly, subject to the filing of a Form A "Subdivision
Approval Not Required" plan at the expiration of the
statutory appeal period, seconded by Delaney, all in
favor, Motion carries.
3. Discussion/decision: 9 Thaxton Road / Waiver from frontage
requirements of Zoninq / Mitchell Carrier
Delaney: motion to continue this matter until next regular meeting
scheduled for October 15, 1996 and that the Commissioner
of Public Works review the drainage issue that may affect
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abutters and report back to Board, seconded by Thomson,
all in favor, Motion carries.
4. Discussion/decision: 18 S~mmit Avenue: Finding of Specific
and Material change, Permission to reapply to the Board of
Appeals in accordance with M.G.L. Chapter 40A, Section 16.
Cassidy updates the Board regarding this application. The
applicant wants to reapply to the Board of Appeal and needs 8 votes
from the Planning Board to do so. Cassidy states that the specific
and material change is that the petitioner has reduced the number
of units from eight to four.
Dinkin adds that although this Board is looking at a specific and
material change the applicant should note that there could be some
zoning issues due to the number of units in this residential
district.
Mr. Carnevale addresses the Board and reviews Chapter 40A,
Section 16.
Delaney: motion to find, in accordance with the requirements of
M.G.L. Chapter 40A, Section 16 that a specific and
material change has in fact been made to the application,
and that the Board will allow the applicant to reapply to
the Board of Appeals with the revised plan, seconded by
Papa, all in favor, Motion carries 8-0.
5. Adjournment
Dinkin: motion to adjourn, seconded by Flannery, all in favor,
Motion carries.
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