1997-09-16Chairrman James A. Manzi
Vice Chairman
Richard 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
September 16, 1997
Members present: Vice-Chairman Richard Dinkin; Steve Papa, Bill Delaney, Ellen Flannery,
Barry Sullivan, John Thomson and Joanne Dunn. Also present: planning Director Tina Cassidy
and Assistant Planning Director Debbie Hurlburt. '
Vice-Chairman Dinkin calls the meeting to order at 7:30 p.m.
Cassidy informs the Board that the scheduled public hearings have to be rescheduled due to this
meeting falling on the night of a primary election.
Delaney: motion to reschedule the public hearings for Tall Tree Drive subdivision and 176
Bridge Street which were scheduled for this evening to Monday, September 22,
1997 at 7:30 p.m. and 7:45 p.m. respectively, seconded by Thomson. All in favor,
motion carries.
1. Subdivision Approval Not Required Plans (SANR's}
a. Prince/Hale Street/David Carnevale and Prince St. Realty Trust
Thomson and Sullivan recuse themselves from discussion on this matter.
Cassidy addresses the Board and provides background information regarding this ANR. Cassidy
also states that David Carnevale's Attorney, David Peterson is in attendance to discuss the ANR.
Peterson introduces himself to the Board and states that this ANR plan was originally before the
Board on June 17, 1997 and did receive the Board's approval; however, the plan has changed
due to transfer of ownership. Peterson states that the previous four lots have not changed and
that there is a plan pending in the: however, the hammerhead lot that was proposed, the
neighbors did not like the configuration and they have addressed it with the new plan. There is
an appeal pending on the June ANR.
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September 16, 1997 Meeting
Page Two
Dinkin asks Cassidy if there are any issues the Board should be made aware of. Cassidy
responds no. Cassidy adds that the Board should review this application on its own merit;
although the plan is confusing due to land court and registered land, it does meet all the Board's
Rules and Regulations for ANR's.
Delaney asks how many lots are shown on this ANR. Peterson responds four.
Delaney: motion to endorse the plan of land for Prince and Hale Street as one not requiting
approval under the Subdivision Control Law, seconded by Flannery.
Members in favor: Delaney, Flannery, Dunn, Papa and Dinkin. Motion carries 5-0.
Thomson and Sullivan return to the meeting.
b. Morgan's Island Road/Karen & Dennis L'Italien
Cassidy reviews the ANR plan with the Board. Delaney asks if Lot 6B, that is being conveyed
out to the abutter, is paved. Cassidy responds that it is not but that this will provide future
access to the rear of the property. Thomson asks if the plan meets all the Board's Rules and
Regulations. Cassidy responds that it does.
Thomson: motion to endorse the plan of land for Morgan's Island Road as one not requiring
approval under the Subdivision Control Law, seconded by Papa. Members in
favor: Delaney, FIannery, Dnnn, Papa, Thomson and Sullivan. Motion carries 6-0.
2. Discussion/Decision: Mullen/Loeb Estate nreliminarv subdivision plan/James Mullen
Thomson recused himself from discussion on this matter.
Attorney Thomas Alexander inlxoduces himself to the Board. Alexander states that they have
met with two neighborhood groups; Prides Crossing and Beverly Farms, on August 20 and 21
respectively, and that they have incorporated the input of the residents into their plans.
Alexander adds that they do not have a waiver list for the subdivision at this lime.
Kyle Corkum, a representative from Toll Brothers, introduces himself to the Board and states that
they have held meetings with neighbors and that it was evident from these meetings that some
flaws existed in their proposal and they want to address the issues and wanted to give the Board
an update on the project. Corkum states that the turn out for the meetings was good and that the
discussions were helpful. Corkurn adds that the issues discussed were drainage, open space, and
the use of Greenwood Avenue. Corkum states that the drainage was a concern for all of the area
and that this may or may not be related to this specific project but Hayes Engineering is looking
at the issues.
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September 16, 1997 Meeting
Page Three
Corkurn adds that density, was discussed, and how they were entitled to the number of lots
indicated, and that they also talked in concept about how the number of lots were achievable
within this area. Corkum adds that the discussion included the construction timetable, blasting
issues, and construction traffic.
Corkum states that discussion ensued regarding the lot sizes and most felt more comfortable with
larger lot sizes and that the Toll Brothers will explore this area. Corkum adds that the Board
disenssed the approval process, the preliminary process and how these residents felt that they do
not have much of a voice now and that they would like to see a continuation of meetings with
the developer.
Corkum states that another issue raised is regarding traffic and how it will impact the
neighborhoods, its impact on properties and how Hale Street would shoulder most of this traffic.
Corkum states that another issue was the impact on schools and the possibility of doing a fiscal
analysis. Corkum adds that the issue of metability was discussed and that it was reposed in
the press that the homes will be sold at a higher price, but that was not represented by the Toll
Brothers, and that houses would be sold for between $500,000 and $750,000.
Corkum states that the groups discussed the impacts on wetlands and that they are not intending
on developing in the wetlands.
Corkum states that the issue of taxes and the high value of property and whether it would have
a negative or positive impact on the neighborhoods was also raised.
Corkum states that at the Board's October 21st meeting he is anticipating having the waiver list
available for the 69 lots, as well as the traffic study, the drainage analysis and the fiscal analysis.
Delaney asks if there are any time frame issues. Cassidy responds that the Board only has until
the end of September to act on this preliminary subdivision or the applicant would need to seek
an extension of time. Cassidy adds that she is not sure whether October or November is best,
and wonders whether the information would be available to City Engineer Frank Killilea in a
timely manner.
Dinkin asks if there is an extension of time on this Preliminary decision would that impact the
Definitive deadline. Cassidy responds no.
Delaney states that it may be helpful to hear from Mr. Corkum as to whether October or
November is better. Corkum responds that they prefer to come back in with the plans in October
to keep the Board informed of progress.
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September 16, 1997 Meeting
Page Four
Delaney states that he does not have a problem with meeting again in October. Cassidy suggests
an extension to the end of October.
Dinkin states that it would be useful to extend to November as opposed to October.
Delaney: move to accept the request for extension of time for the preliminary subdivision
plan for the Mullen Estate to November 30, 1997, seconded by Sullivan.
Members in favor: Delaney, Flannery, Sullivan, Papa and Dunn. Motion carries 5-0.
Delaney: move to continue discussion of the preliminary subdivision plan for the Mullen
Estate to the Board's October meeting, seconded by Flannery. Members in favor:
Delaney, Flannery, Sullivan, Papa and Dunn. Motion carries 5-0.
Thomson returned to the meeting.
Mini-Storage proposal on L.P. Henderson Road: set date for public hearing on
special permit #34-97 and site plan review/Beverly Mini-Storage, Inc. (Tom Ford}
Cassidy states that the Board has received two applications for public hearings for a mini-storage
facility on L.P. Henderson Road; one is for Site Plan Review and one is Special Permit request
for development in the Watershed Overlay District. Cassidy adds that this is City of Beverly
property and that it is being leased to Mr. Ford. Cassidy states that this applicant will appear
before the Zoning Board of Appeal next week for a variance from use. Cassidy states that this
will be handled as concurrent public hearings.
Delaney: motion to set concurrent public hearings for Site Plan Review and a Special
Permit for the Watershed Overlay District for a mini storage facility on L.P. Henderson Road
for October 21, 1997, seconded by Flannery.
Members in favor: Delaney, Flannery, Thomson, Papa, Dunn and Sullivan. Motion carries 6-0.
Morgan's Island Subdivision: Request for reduction in bond posted as surety/Dennis
& Karen L'Italien
Cassidy states that the Board has received a request from Dennis and Karen L'Italien seeking a
bond reduction from $50,700 to $39,675 for work performed at Morgan's Island Road. Cassidy
adds that the Board has received a letter from City Engineer Frank Killi!ea dated September 16,
1997 stating that there is enough money remaining to finish the project and would recommend
that the Board approve this request.
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September 16, 1997 Meeting
Page Five
Delaney: move to reduce the bond mount for the Morgan's Island Subdivision from
$50,700 to $39,675, seconded by Sullivan. Members in favor: Delaney, Sullivan,
Flannery, Dunn, Thomson and Papa. Motion carries 6-0.
Planters Subdivision: expiration of construction completion date/O.H.C. Realty
Trust/John Keilty
Cassidy states that she has received a letter from residents regarding this subdivision. Cassidy
states that there are two outstanding issues. One being the expiration of the construction
completion date which is currently set to expire at the end of this month (September). Cassidy
adds that this was originally approved in 1982 however, there were legal issues which allowed
for some of the delay. Cassidy states that the second issue is that the surety of $322,500 is set
to expire, and that this amount was established a long time ago.
Cassidy reads a letter of request from Hayes Engineering which seeks an extension of time from
September 1997 to December 1997. Cassidy adds that she has not yet received a letter from the
bank regarding the surety.
Delaney asks who is the developer. Cassidy responds that it is OHC Realty Trust and the
contact people are Jack Keilty and Peter Ogren. Delaney asks if there is a current list of the
remaining work. Cassidy responds no.
Delaney states that he does not usually hear directly from residents regarding Planning Board
issues; however, he has on this development. Delaney adds that the drainage is a disaster, and
that he wants someone here from the development team to discuss these issues, and that perhaps
next week at the special meeting the Board can have the opportunity to speak with them.
Delaney states that he would like to discuss the remaining work, the tot lot design and its
coustmction, and finally a revised list of work to be completed.
Delaney states that the Board would need to start bond revocation process unless the bank agrees
to extend the date.
Thomson asks if the City Engineer would be able to produce the list of what needs to be done.
Cassidy responds yes.
Dinkin reminds members that the bond reduction is not on the table because there is no formal
request,
Planning Board Minutes
September 16, 1997 Meeting
Page Six
Delaney: move to instruct the City Solicitor to take action on the bond revocation for the
Planters Subdivision unless the form of surety is in place by September 18, 1997
by 5:00 p.m. and that it is extended in the form acceptable to the City Solicitor
to a date not earlier than September 30, and that the amount of surety is equal to
the amount of work and that if the Board is to extend to September 30 then the
City Solicitor would be asked to refrain from revocation, seconded by Thomson.
Members in favor, Delaney, Thomson, Dunn, Flannery, Papa, Sullivan and Dinkin.
Motion carries 7-0.
Delaney: move to extend the conslntction completion date for the Planters Subdivision to
Monday, September 22, 1997, seconded by Flannery.
Members in favor: Delaney, Flannery, Thomson, Papa, Dunn; Sullivan and Dinkin. Motion carries 7-0.
6. Old/New Business
a. Chapter 91 Waterways License application: 2 Margin Street/Jeff Bunk
Cassidy states that a Chapter 91 License for 2 Margin Street is on file with the Planning Board
as required, and that it is available for members to review.
b. Birchwoods Subdivision sewer modification/David Walsh
Cassidy states that there has been a change in the plans regarding the Birchwoods Subdivision
sewer which calls for the elimination of the pemp station which means that there are two houses
that would not have access to the new sewer system. Cassidy states that she has advised the
applicant to modify the plans again to allow the two houses to be hooked up. Cassidy states that
she would like the members to instruct her to invite the applicant to the next meeting to discuss
the revised plan for sewer.
Delaney: move to insnet the Planning Director to contact Mr. Walsh of the Birchwoods
Subdivision and invite him to the October meeting to discuss the outstanding
issues, seconded by Flannery.
Members in favor: Delaney, Flannery, Dunn,
Thomson, Papa and Sullivan. Motion carries 6-0.
c. Approval of Minutes: August 27, 1997 Special Meeting
Thomson: motion to approve the minutes of the Board's August 27, 1997 meeting, seconded
by Papa. Members in favor: Thomson, Papa, Delaney, Flannery, Sullivan and
Papa. Motion carries 6-0.
7. Adjournment
Delaney: motion to adjourn, seconded by Papa. All members in favor. Motion carries.