1997-10-21Chariman
James A. Manzi
Vice Chairman
Richard Dinkin
Planning Director
Tina P. Cassidy
Minutes
William Delaney
Joanne Dunn
Ellen K. Flannery
Salvatore Modugno
D. Stephen Papa
Barry Sullivan
John Thomson
Beverly Planning Board
October 21, 1997 Meeting
Members present: Richard Dinkin, Bill Delaney, John Thomson, Barry
Sullivan, Salvatore Modugno, Joanne Dunn, and Ellen Flannery; also
present: Planning Director Tina Cassidy, Susan Akerman, Secretary
to the Board and Engineering Director Frank Killilea.
Acting Chairman Dinkin calls the meeting to order at 7:30 p.m.
Delaney:
Motion to recess for public hearings, seconded by
Flannery. Delaney, Flannery, Thomson, Sullivan, Modugno
and Dunn in favor, no one opposed. Motion carries.
Public Hearinq
Special Permit application #98-97 and Site Plan Review
application #34-97 for construction of mini-storage warehouse
operation and accessory uses / L.P. Henderson Road / Beverly
Airport Mini-Storage, Inc.
Cassidy reads legal notice.
Tom Alexander, Attorney representing the Applicant addresses the
Board and explains a proposal to tear down the two existing
buildings and use their foundations to construct five new buildings
for a mini-storage warehouse site. Attorney Alexander states that
the area is zoned IR and that a mini-storage warehouse is an
allowable use in this district by special permit, which has been
granted by the Board of Appeals for this project.
Attorney Alexander states that the property is located in a
watershed protection overlay district, which requires a review by
the Salem/Beverly Water Supply Board.
Attorney Alexander reviews the drainage and environmental issues
that exist on the site and states that they have received an
endorsement from the Salem/Beverly Water Supply Board with five
conditions that have been discussed and that his client is willing
to do.
Attorney Alexander states that the site complies with zoning
requirements and that the site has the required frontage
Planning Board Minutes
October 21, 1997 Meeting
Page Two
Attorney Alexander notes that members from the Airport Commission
are here tonight; the Airport will be leasing the land to the
applicant, Tom Ford.
Attorney Alexander reviews the background information and states
that there is no disturbed soil, that there are environmental
studies going on (PIP) and that they intend to work very closely
with Ransom Environmental Consultants, who are studying this area
for the City. Attorney Alexander notes that this is an
environmentally sensitive and productive use of the site and that
Mr. Ford is an experienced devloper who is aware of the site
conditions.
John Dick of Hancock Engineering addresses the Board and reviews
the proposal to tear down the two existing buildings and use the
foundations to construct five new buildings for a mini-storage
warehouse. Mr. Dick states that the site. is mostly paved, that
their work will not impact drainage and that the area is under
Conservation Commission review to identify existing wetlands.
Mr. Dick states that a revised drainage system will be implemented
so that the existing catch basin will remain and explains that
there will be a hood to attract any debris before going down the
pipes and exiting into the soils. Mr. Dick notes that this system
is not yet finalized, but states that the system will be designed
to pick up any ground water, that they will be using the existing
septic lines, that power and water already exist on the site and
that they are in compliance with the Salem/Beverly Water Supply
Board with respect to storm water management techniques.
Mr. Dick also states that there is a proposed parking lot that will
not disturb any earth on the site.
Attorney Tom Alexander addresses the Board and reviews the history/
prior uses of the site, noting that the site once outfitted a
machinery shop. Attorney Alexander states that the project will
have one employee on site at all times, that the impact on the
watershed will be far less than any other prior uses and that this
project will eventually connect up to the sewer line that is being
designed for Airport Road/SamFonzo Drive.
Attorney Alexander states that there are on-going discussions with
the Fire Department with respect to fire prevention measures and
that a letter from the Fire Department stating their agreement for
the use of this site will be sent.
Mr. Tom Ford, the applicant, addresses the Board and states that
what he is offering is dry, secured storage. Mr. Ford explains
that a key card will be issued to the individual seeking to use the
storage facility, that there will be a security gate, that there
Planning Board Minutes
October 21, 1997 Meeting
Page Three
will be a resident manager on location, and that there will be
night lights on-site for a secured perimeter as well as a camera.
Mr. Ford states that the tapes from the camera will be kept for 30
day intervals, as required by law.
Mr. Ford also states that the leases will contain language on
contamination issues; storage of hazardous materials will not be
allowed.
Mr. Ford explains that they will use the existing septic system,
that they will downgrade the electrical power and that there is one
underground storage tank that will be removed.
Mr. Ford states that he is aware of the environmental issues on the
site, and is confident that the property is not considerably
contaminated.
Cassidy reads the following letters:
- Letter from the Police Department dated 10/1/97. (On File)
- Letter from the Conservation Commission dated 9/25/97.
(On File)
- Letter from the Parking & Traffic Commission dated 9/20/97.
(On File)
- Letter from the Engineering Department dated 9/21/97.
(On File)
- Letter from the Salem/Beverly Water Supply Board dated
10/20/97 (On File)
- Letter from Board of Health dated September 30, 1997.
(On File)
Dinkin asks if any members of the Board have any clarifying
questions.
Delaney asks for a clarification with respect to the PIP process.
Cassidy explains that three sites on the northerly side of
Henderson Road are considered potentially hazardous sites and are
under investigation. Cassidy further explains that the Mass DEP
requires a Public Involvement Plan to identify if hazardous
materials exist and if so a clean-up process will have to be
performed.
Planning Board Minutes
October 21, 1997 Meeting
Page Four
Attorney Alexander states that the site at L.P. Henderson Road has
not yet been positively identified as a site with hazardous
materials on it.
Killilea addresses the Board and states that there are three sites
that are under investigation; Nike site, Airport site, and the
Vitale site.
Thomson asks if there could be further changes to the site plan.
Cassidy states yes; in particular, from the Fire Department since
there are still on-going discussions.
Thomson asks if these public hearings will be closing tonight.
Cassidy states that she would recommend that the Board table this
matter to the Board's next meeting.
Thomson asks if a hazardous material was stored on the premises and
was release, what mechanism would be used to prevent the hazardous
material from getting into the water supply. Mr. Ford explains
that there is a threshold to retain surface water in each building
and catch basins with grease and oil traps will be installed on the
site.
Thomson asks how the traps collect hazardous materials. Mr. Ford
explains that if the material floats it will be trapped; but if the
particles are heavy, they will sink into the sump.
Thomson asks if there is a sanitary sewerage disposal system. Mr.
Ford explains that the facility will be tied into the existing
subsurface disposal system in the rear of the lot.
Dinkin asks, if for some reason hazardous waste or materials are
brought to the site by a tenant, will you be able to visually pick
it up. Mr. Ford responds yes, a sharp resident will catch it
through the camera survellance system.
Dinkin asks if anyone from the public wishes to speak on this
matter.
Renee Mary of 274 Hale Street states that the applicant should wait
until Ransom Environmental finishes their study before any work is
done on the site.
Mr. Ford states that Phase I, II and III have been complete and
that he suspects a clean bill of health.
Attorney Alexander that it is their intention to work closely with
DEP and Ransom and that they won't jeopardize this on-going effort
of the City.
Planning Board Minutes
October 21, 1997 Meeting
Page Five
Ms. Mary questions what is meant by a clean bill of health.
Attorney Alexander explains that they will wait until they get a
blessing from DEP.
Ms. Mary states that the Planning Board should go to the next PIP
meeting.
Leo White from the Airport Commission states that he is in favor of
this proposal, that he does not want to see another machine shop on
this site and that he believes that the mini-storage warehouse will
clean up a lot of problems that have existed on this site in the
past.
Dinkin asks if there are any comments in opposition to the project.
There are none.
Cassidy reads a letter from Renee Mary dated 10-21-97.
Delaney: Motion to continue the concurrent public hearing on
Special Permit Application #98-97 and Site Plan Review
Application
#34-97 to the Board's next meeting scheduled for
November 18, 1997, seconded by Sullivan. Dinkin,
Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in
favor, no one opposed. Motion carries.
Regular Meeting now in session.
Discussion/Decision: Mullen/Loeb Estate Preliminary Subdivision
Plan off Hale Street and Greenwood Avenue / James Mullen and Toll
Brothers
Cassidy updates the members and states that a drainage analysis has
been received from Hayes Engineering since the last meeting.
Attorney Tom Alexander address the Board and explains that his
client started this process last summer to open a dialogue; he
states that there are a lot of concerns with drainage, that a
watershed study has been done and that they hope to submit another
preliminary plan which will adequately address the drainage issues.
Peter Ogren of Hayes Engineering addresses the Board and explains
that both the Planning Board and the public requested an analysis
of the drainage watersheds in the vicinity of the project.
Mr. Ogren reviews the five watersheds:
(1)
The Beverly Farms North watershed is a large watershed
(900 acres) that discharges to the Atlantic and that 11
acres of this watershed is on the Mullen site;
Planning Board Minutes
October 21, 1997 Meeting
Page Six
(2) Beverly Farms South watershed is a smaller watershed (95
acres) with a percentage on the Mullen site;
(3) Prides Crossing East watershed is mostly on the Mullen
site;
(4) Prides Crossing Central watershed has 12 acres on the
site; and
(5) Prides Crossing West - no development on this.
Mr. Ogren states that they have obtained all information that they
could regarding culverts and their hydraulic capacities and states
that there has been no maintenance on these structures for some
time.
Mr. Ogren reviews blockage and water discharge problems that have
been found.
Mr. Ogren states that most of the proposed development will take
place in the Prides Crossing Central watershed area.
Cassidy reads the following letter:
Letter from the Engineering Department dated 10/21/97.
(On File)
Cassidy lists the information requested by the Board and City
departments which was supposed to be submitted to the Board in time
for last month's meeting;
1. a list of waivers to be requested; '
2. a plan that shows that 69 lots can be created with a
conventional subdivision plan;
3. a preliminary traffic analysis;
4. drainage, water and sewer calculations of the existing
municipal systems and the expected impact on them; and
5. an analysis of the fiscal impact on surrounding
neighborhoods.
Attorney Alexander states that the Preliminary Traffic Analysis
won't be complete in two weeks' time. Mr. Corkum of Toll Brothers
says that this information will be available in advance of the next
meeting.
Sullivan asks if a fiscal impact on the neighborhoods will be
included. Attorney Alexander responds yes.
Planning Board Minutes
October 21, 1997 Meeting
Page Seven
Dinkin asks Attorney Alexander if this additional information will
be submitted within two weeks. Alexander and Corkum state that it
will be.
Cassidy states that the expiration date for the Board's
consideration of the proposal is November 30, 1997, and explains
that the Board meets on November 18, 1997 and that this information
should be submitted two weeks prior to the Board's meeting to allow
the City Engineer adequate time to review the project.
Dinkin tables this matter to the Board's next meeting scheduled for
November 18, 1997.
The Planters Subdivision: Expiration of construction completion
date and discussion on project completion / O.H.C. Realty Trust
Cassidy updates the members and lists the remaining work items that
need to be done and what has been accomplished since last meeting.
This list has been prepared by the City Engineer's Office.
Cassidy states that the dead and dying trees have been replaced;
that additional trees have been planted; that the curbing has been
adjusted and grouted; that the grass strips have been finished;
that the paving of the sidewalks has been done; and that final
sidewalk paving has been completed. What is left to be done is the
construction of the tot lot and final road paving; the installation
of two fire alarms/pull boxes; and the catch basins and manholes
need to be cleaned out, as built and acceptance plans submitted and
installation of guard rail.
Mr. Albert Ellis addresses the Board and states that all remaining
work items will be complete by the second week of December.
Mr. Ellis explains that he met with Joan Fairbank and got input for
equipment best suited for children and states that the tot lot will
be complete in the beginning part of December.
Mr. Ellis states that the installation of the guardrails will be
done after fencing of the tot lot is complete.
Cassidy asks if a design of the tot lot has been done. Mr. Ellis
responds yes.
Cassidy states that it would be a good idea to work with the Public
Service and Engineering Departments for the actual design of the
tot lot, since those agencies will have to maintain it.
Dinkin asks if there is enough Bond to cover the remaining work.
Killilea responds yes.
Planning Board Minutes
October 21, 1997 Meeting
Page Eight
Delaney asks if the Army Corps. is satisfied with the planting of
the retention ponds. Mr. Ogren explains that they have met with
the Army Corps. and that they are concerned with what was happening
with the natural vegetation and that it was agreed that some
replanting will be done.
Delaney asks if the replanting will be done in the spring. Mr.
Ogren states that he will have to consult with the Army Corps. to
see what species they want to put in to replace those that didn't
survive over this summer; some planting may need to wait until
spring.
Delaney asks if DEP is still involved with plantings. Mr. Ogren
explains that DEP is still involved but not so much with planting,
that they have a separate agreement with the Army Corps.
Delaney asks what the end result of this process was from the Army
Corps. Mr. Ogren states that they received a letter that the
grading is in compliance.
Thomson:
Motion to extend the completion date to December 17,
1997, seconded by Sullivan. Dinkin, Delaney, Flannery,
Thomson, Sullivan, Modugno and Dunn in favor, no one
opposed. Motion carries.
Delaney asks if there has been any thought process to moving the
date of the December meeting.
Traicoff Circle Definitive Subdivision Plan: set date for public
hearinq / O.H.C. Realty Trust
Delaney: motion to set a date for a public hearing for the
Traicoff Circle Definitive Subdivision Plan for the
Board's next meeting scheduled for November 18, 1997,
seconded by Flannery. Dinkin, Delaney, Flannery,
Thomson, Sullivan, Modugno and Dunn in favor, no one
opposed. Motion carries.
Birch Woods Subdivision: Discussion on modifications to sewer
design / Cove Realty Trust, David Walsh
This matter was placed on the table subject to the call of the
chair.
Old Rubbly Road Definitive Subdivision Plan: set date for public
hearing / Robert Van Twuyner
Cassidy updates the members and explains that this is a proposal
for construction of an existing road layout in the City of Beverly,
Planning Board Minutes
October 21, 1997 Meeting
Page Nine
and a request to schedule a public hearing for the Board's November
meeting.
Delaney: motion to set a date for a public hearing for the Old
Rubbly Road Definitive Subdivision Plan for the Board's
next meeting scheduled for November 18, 1997, seconded by
Sullivan. Delaney, Flannery, Thomson, Sullivan, Modugno
and Dunn in favor, Dinkin abstains. Motion carries.
Sullivan questions the Board's right to review this, and the
unknown impact of what future development in Wenham might have on
Beverly streets.
Cassidy explains that this right of way was granted to the City of
Beverly as part of the Oak Heights subdivision and that an easement
is in existence here.
Sullivan asks if any waivers are being requested. Cassidy explains
that the applicant is proposing a minor subdivision, that the total
number of lots is not known and that there are no buildable lots in
Beverly.
Thomson asks if this is effectively going to be a cul-de-sac.
Cassidy responds correct, there is no way out into the Town of
Wenham.
Thomson asks if Beverly's Fire Department comes into play.
Dunn asks if the subdivision will connect to the Beverly sewer
system. Cassidy states no they cannot tie in, it will not be
permitted by SESD.
The Board asks Cassidy to consult with the City Solicitor prior to
advertising the public hearing.
Birch Woods Subdivision: Discussion on modifications to sewer
desicrn / Cove Realty Trust, David Walsh
Cassidy updates the members and explains that the present plans to
the Planning Board are to allow two properties with future sewer
subouts.
Attorney Tom Alexander addresses the Board and explains that Mr.
Walsh doesn't own the property yet so he doesn't have proposed
easement documents, but will get language to the Board before the
next meeting.
Cassidy asks if the documents can be obtained from the present
owners. Attorney Alexander states that it would be difficult or
unlikely.
Planning Board Minutes
October 21, 1997 Meeting
Page Ten
Sullivan questions the original design.
Cassidy explains the initial and revised design.
Sullivan asks if the applicant will incur additional costs.
Attorney Alexander states that he doesn't think so, that there are
existing sewer pipes.
Sullivan states that he has no problem with the proposal as long as
there are no problems with the other two people.
Delaney asks if there is an opinion from the Engineering Department
with respect to the location of the easements, if they are
appropriate. Mr. Killilea states yes the location of the easements
are appropriate.
Thomson states that there is no reason to go back to a public
hearing, do as a minor modification.
Flannery asks if this project has been discussed with the
neighbors. Cassidy responds no.
Attorney Alexander states that this will be a very involved project
with a lot of outstanding issues.
Dunn asks if the applicant intends to go forward with construction.
Attorney Alexander states yes.
Thomson: motion to postpone a decision until the Board's next
meeting scheduled for November 18, 1998, seconded by
Flannery. Dinkin, Delaney, Flannery, Thomson, Sullivan,
Modugno and Dunn in favor, no one opposed. Motion
carries.
The Board asks Cassidy to meet with the two property owners to get
their comment and input on the proposal.
Site Plan Review application #35-97: set date for public hearing
on construction of mini-mart and service station upgrade / Salem
Hospital
Cassidy updates the members.
Deleney: motion to set a public hearing date for Site Plan Review
application #35-97 for the Board's next meeting scheduled
for November 18, 1997, seconded by Flannery. Dinkin,
Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in
favor, no one opposed. Motion carries.
Planning Board Minutes
October 21, 1997 Meeting
Page Eleven
Delaney recalls that a couple of other public hearings have been
scheduled for the Board's November meeting and asks if this
should/could be put off.
Delaney: motion to withdraw previous motion, seconded by Flannery.
Dinkin, Delaney, Flannery, Thomson, Sullivan, Modugno and
Dunn in favor, no one opposed. Motion carries.
Sullivan suggests that the Board schedule this public hearing for
the Board's December meeting and if there is a problem, bring it up
in the November meeting under new/other business.
Delaney: motion to set a public hearing date for Site Plan Review
application #35-97 for the Board's December 9, 1997
meeting, seconded by Flannery. Dinkin, Delaney,
Flannery, Thomson, Sullivan, Modugno and Dunn in favor,
no one opposed. Motion carries.
Brimbal Hill Drive Extension: expiration of construction
completion date / K & L Realty Trust, Holly Lockwood Trustee
Cassidy reads a letter from K & L Realty Trust requesting an
extension of time for completion of construction date.
Dinkin asks if there is any pending litigation. Cassidy responds
yes.
Thomson: motion to grant extension of construction completion date
to April 28, 1998, seconded by Sullivan. Dinkin,
Flannery, Thomson, Sullivan, Modugno and Dunn in favor,
Delaney abstains. Motion carries.
Approval of Minutes: September 16, 1997 regular meeting and September 22, 1997special meeting
Thomson: motion to accept minutes of the September 16, 1997
regular meeting and September 22, 1997 special meeting as
presented, seconded by Delaney. Dinkin, Delaney,
Flannery, Thomson, Sullivan, Modugno and Dunn in favor,
on one opposed. Motion carries.
Election of Officers (chairman and vice-chairman)
Nomination of Chairman
Flannery: motion to nominate Richard Dinkin as Chairman, seconded
by Modugno.
Dinkin asks if there are any further nominations. There are none.
Planning Board Minutes
October 21, 1997 Meeting
Page Twelve
Flannery: motion to close nomination for chairman, seconded by
Sullivan. Delaney, Flannery, Thomson, Sullivan, Modugno
and Dunn in favor, on one opposed. Motion carries.
Flannery: motion to elect Richard Dinkin Chairman of the Planning
Board, seconded by Delaney. All members in favor, none
opposed. Richard Dinkin is elected Chairman.
Nomination of Vice-Chairman
Flannel-y: motion to nominate William Delaney as Vice-Chairman,
seconded by Modugno.
Dinkin asks if there are any further nominations. There are none.
Flannery: motion to close nomination for vice chairman, seconded by
Thomson. Dinkin, Flannery, Thomson, Sullivan, Modugno
and Dunn in favor, on one opposed. Motion carries.
Flannery: motion to elect William Delaney Vice-Chairman of the
Planning Board, seconded by Delaney. All members in
favor, none opposed. William Delaney is elected Vice-
Chairman.
Dinkin requests that he be referred to as Chairperson instead of
Chairman.
New or Other Business
a. Sign Bridge Street definitive plan / MacDougall
b. Other
Flannery asks for an up date to the grant application for funding
of a masterplan. Cassidy updates, and will send a copy to members.
Thomson: motion to schedule the Planning Board's December meeting
for December 9, 1997 instead of December 16, 1997,
seconded by Sullivan. Dinkin, Delaney, Flannery,
Thomson, Sullivan, Modugno and Dunn in favor, on one
opposed. Motion carries.
Adjournment
Thomson: motion to adjourn, seconded by Flannery. Dinkin,
Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in
favor, on one opposed. Motion carries.
Meeting is adjourned at 10:00 p.m.