1997-12-09Chairman Richard Dinkin
Planning Director
Tina R Cassidy
Ellen Flannery
Salvatore Modugno
Stephen Papa
Barry SuMvan
John Thomson
Minutes
Beverly Planning Board
December 9, 1997 Meeting
Members present: Chairperson Richard Dinkin, Vice-Chairman Bill
Delaney, John Thomson, Joanne Dunn, and Ellen Flannery; also
present: Planning Director Tina Cassidy, Director of Engineering
Frank Killilea, Jr, and Susan Akerman, Secretary to the Board.
Chairperson Dinkin calls the meeting to order at 7:30 p.m.
Delaney: Motion to recess for public hearings,seconded by
Flannery. Dinkin, Delaney, Thomson, Dunn,seconded by
in favor, no one opposed. Motion carries.
Public Hearing: Site Plan Review application #35-97:
Reconstruction of Gibbs Gas Station/293 Cabot Street / Salem
Hospital
Cassidy reads legal notice.
Nancy Attaya-McCann, Attorney representing Gibbs Gas Station
addresses the Board and explains a proposal to upgrade an existing
gas station at the intersection of Cabot and Dane Streets,
currently under the name Charter, and to construct a convenience
store/retail food mart in the rear of the property.
Attorney Attaya explains that the applicant is proposing to upgrade
the service station by removing the old gas tanks and installing
new fiberglass tanks, installing a new canopy in the same location,
and adding a convenience store.
Attorney Attaya states that the applicant has appeared before the
Parking & Traffic Commission and before the Design & Review Board,
and that their conditions have been incorporated into the existing
site plan.
Beverly Planning Board
December 9, 1997 Meeting
Page Two
Attorney Attaya explains that the applicant has gone before the
Appeals Board as well, and did receive a variance with respect to
altering the existing signage and adding new signage, but that the
applicant did not receive a variance for a drive through window as
requested.
Attorney Attaya explains that Engineer Richard Ayoub, revised the
site plan so that the plan would reflect the elimination of the
drive through window proposal.
Richard Ayoub addresses the Board and reviews the design and
landscaping plans, noting that there are seven parking spaces
available, that there is parking for employees, that there is a
handicapped parking space and a ramp for access into the store,
that there is space for a trash dumpster in the rear of the
property, that new fiberglass gas tanks will be installed, that the
pump islands will be approximately in the same location with 20' of
distance between them, and that the applicant is proposing a couple
of planters for the landscaped island.
Cassidy reads the following letters:
Letter from the Beverly Board of Health dated 10/29/97.
(On File)
Letter from the Beverly Fire Department dated 11/12/97.
(On File)
Letter from the Parking & Traffic Commission dated
10/27/97. (On File)
Letter from the Design Review Board dated 10/9/97.
(On File)
Letter from the Beverly Police Department dated 12/8/97.
(On File)
Letter from the Engineering Department dated 12/9/97.
(On File)
Chairperson Dinkin asks if any of the Board members have questions.
Delaney asks what are the proposed hours of operation for the gas
station/food mart? Mr. John Flynn states that they want to keep
the hours of operation the same as it is now. (6:00 a.m. - 10 or
11:00 p.m.)
Beverly Planning Board
December 9, 1997 Meeting
Page Three
Delaney requests a summary of the current use of the abutting
properties located behind and to the rear of the gas station.
Flynn states that a funeral parlor is behind it, and a restaurant
with residential units on the upper floors is located to the south.
Delaney asks that the lighting scheme to be explained. Mr. Flynn
explains that down lights will be used for the canopy, between the
islands and in the rear of the building.
Delaney asks if there are any free-standing lights. Mr. Flynn
responds yes.
Delaney asks if any signage will be eliminated. Mr. Flynn explains
that the free-standing sign will stay in the same location, but
will be lowered and that red channel letters will be used on the
canopy.
Delaney asks if there will be any curb cuts that will interrupt the
flow of traffic. Mr. Flynn responds no.
Delaney asks if there will be any surface repaying. Mr. Flynn
states that the majority of the area will be repaved.
Delaney asks Mr. Flynn to review the drainage scheme. Mr. Flynn
explains that the run-off will be caught in a catch basin located
in the rear of the property.
Delaney asks if there will be a grease/oil seperator installed into
the drainage system. Mr. Flynn explains that the existing catch
basin is hooded.
Delaney asks if the catch basin flows to municipal pipes in Cabot
or Dane Street. Mr. Flynn responds yes.
Delaney questions the existing landscaping. Mr. Flynn explains
that the landscaping scheme will stay relatively the same, and that
low level junipers and some yews will be planted at the corner of
Cabot and Dane Streets.
Delaney asks if the plan reflects the relocation of the dumpster.
Mr. Flynn responds yes.
Delaney asks if the concerns/conditions of the Design Review Board
and Parking & Traffic Commission have been incorporated into the
site plan. Mr. Flynn states yes.
Flannery asks for a clarification with respect to the signage plan.
Mr. Flynn reviews the signage and states that the name of the
station will be placed on the front, side and rear of the canopy.
Beverly Planning Board
December 9, 1997 Meeting
Page Four
Flannery asks where the points of entry will be. Attorney Attaya
explains that customers will be able to enter the site at any
point, that there will be one sign off Dane and two signs off Cabot
and that a DO NOT ENTER sign will be placed at the corner of the
building so as to prevent customers from going behind the building.
Delaney asks if the plan reflects any directional arrows on the
pavement. Mr. Flyrun states no, but explains that typically arrows
are placed down on the pavement by the islands.
Thomson asks if the revised plan incorporates all the comments/
concerns from the other Commissions. Mr. Flynn responds yes.
Dinkin asks what the convenience store will mainly sell; (i.e.
groceries, previously packed foods). Attorney Attaya states that
the store will sell typical convenience store items such as snacks,
tonic, milk, coffee, sandwiches in cellophane, etc.
Dinkin asks if the store will sell more grocery type items or
prepared foods. Attorney Attaya states groceries.
Dinkin asks if there is a proposal for the trapping of chemical
spills. Mr. Flynn explains that five grooves around the island are
required by law for potential spills, and that the canopy keeps the
rainwater from washing gas/oil away.
Dinkin asks if the applicant anticipates any remediation when the
existing tanks are removed. Mr. Flynn responds yes and states that
they will be working with an environmental consulting firm.
Dinkin asks if anyone from the public wishes to speak.
William Goldberg of 10 Rantoul Street asks what materials will be
used for the exterior of the building; (ie. split face granite
block), and if the building will be an enhancement or a detriment
to the area. Mr. Flynn states that the building will not be out of
character at all, and that he feels that the building will be an
enhancement.
Richard Marino of 10 West Dane Street asks if he will still be able
to access his restaurant from this site. Mr. Flynn responds that
there are no plans to restrict this access at this time.
Mr. Marino asks if the applicant is going to keep the open area as
it is now. Mr. Flynn states that there are no plans to change
conditions on the lot line in question at this time.
Dinkin asks if there are any comments in opposition to the
petition. There are none.
Beverly Planning Board
December 9, 1997 Meeting
Page Five
Dinkin asks if there are any comments in support of the petition.
There are none.
Dinkin declares the public hearing closed.
Public Hearing (continued from 12/6/97): Thackery Way
definitive subdivision plan / O.H.C. Realty Trust
Cassidy updates the members and states that the public hearing on
this three lot subdivision started in November, and that the Board
did a site visit on December 6, 1997 to review the property in
question. The hearing has been continued to this evening's
meeting.
Dinkin asks if the applicant would like to add anything to his
presentation. Mr. Ogren states no.
Dinkin asks if the Board has any additional questions. There were
none.
Dinkin asks if anyone from the public wishes to speak.
James Danforth of 16 Wentworth Drive states that he wants to go on
the record as being in support of this plan.
Delaney asks if there are any changes that have occurred in the
plan relative to Mr. Danforth's drainage scheme. Mr. Ogren states
that there are no changes that reflect on the plan, but that the
applicant is willing to grant an easement to relocate the discharge
pipe.
Cassidy states that she is concerned that the creation'"of an
easement may render a lot non-conforming with respect to the zoning
ordinance.
Cassidy states that it might not be problematic if the easement is
defined. Mr. Ogren responds that he would prefer to save the
pinpointing of the location of the easement until the house is
built, and that the applicant wants the advantage of being able to
direct the water so it won't back-up into other neighbors property.
Frank Killilea states that he does not see, as the plan exists now,
how the applicant can drain Mr. Danforth's property. Mr. Killilea
adds that if the applicant uses a 74' contour line for the pipe,
then that would be a proper way/alternative, and that the plan
should be modified.
Dinkin states that he is not comfortable with the possibility of
creating non-conforming lots and that he prefers to delay a
decision on this project until the easement is added to the plan.
Beverly Planning Board
December 9, 1997 Meeting
Page Six
Dinkin states that he would like to see the easements on the plan,
and to know that all the lots conform before he approves it.
Delaney states that he agrees with Mr. Dinkin's comments/concerns,
and that he too would like to see the easements on the plan before
recordation.
Mr. Ogren states that if the Board approves the plan, the plan
can't be endorsed until the 20-day appeal process is over; the
location of the easement can be added to the plan during that
period.
Delaney asks if the Board is voting on any waivers tonight and if
so, what ones.
Cassidy states that there are several waivers being requested:
A waiver from requiring the location of trees 6" in
caliper or greater be shown on the plan;
A waiver from requiring the location of proposed street
lights on the definitive plan at the time of submittial;
A waiver to permit minimum width of a drainage easement
to be 20' instead of 30';
A waiver to allow minimum outside roadway diameter of the
cul-de-sac of 84' and a minimum cul-de-sac property line
diameter of 100';
A waiver to allow grading outside the right-of-way to be
two foot horizontal and one foot vertical in cut and fill
areas;
A waiver to allow the use of sloped granite curbing to
match the existing curbing on Wentworth Drive; and
- A waiver that the minimum cover over a sewer line be 3½'.
Thomson states that he recalls that at the site visit a change was
made with respect to the entrance of the cul-de-sac and that there
was going to be some filling in by the front of the parcel, and
asks if this area is going to be filled or not. Mr. Ogren states
that if that was what the Board decided, then it will be done.
Delaney asks if a notation has been made on the plan to reflect the
suggestions of the Engineering Department referenced in it's letter
dated November 18, 1997 with respect to tree planting. Mr. Ogren
responds no, but the change will be made on the plan.
Beverly Planning Board
December 9, 1997 Meeting
Page Seven
Dinkin asks if there are any comments in opposition to this
proposal. There are none.
Dinkin asks if there are any comments in support of this proposal.
There are none.
Dinkin declares the public hearing closed.
Dinkin calls the Planning Board to regular session.
Discussion/decision: Site Plan Review application #35-97:
Reconstruction of Gibbs Gas Station / 293 Cabot Street / Salem
Hospital
Thomson: Motion to grant site plan review application #35-97 for
Gibbs Gas Station, 293 Cabot Street, seconded by
Flannery. Thomson, Flannery, Dunn, Delaney, Dinkin in
favor, no one opposed. Motion carries 5-0.
Discussion/decision: Thackery Way definitive subdivision plan /
O.H.C. Realty Trust
Thomson states that it is his personal feeling, with respect to Mr.
Danforth's drainage, that it is a private agreement and that it is
not the Board's place to take action, and he encourages the Board
not to condition it's approval on it. Thomson further states that
if the easements are to be shown, then they could be added during
the appeal period.
Delaney states that he doesn't disagree with Mr. Thomson regarding
the private agreement, but that he is concerned with how an
easement will impact the subdivision, and that he is not
comfortable leaving this matter unaddressed.
Dinkin states that he is concerned about the possibility of the lot
lines being changed, and that he is not comfortable in voting on
the plan tonight.
Thomson states that the applicant could come back with an ANR plan.
Delaney: Motion to grant a waiver from requiring the location of
trees 6" in caliper or greater be shown on the plan; a
waiver from requiring the location of proposed street
lights on the definitive plan at the time of submittial;
a waiver to permit minimum width of a drainage easement
to be 20' instead of 30'; a waiver to allow minimum
outside roadway diameter of the cul-de-sac of 84' and a
minimum cul-de-sac property line diameter of 100'; a
waiver to allow grading outside the right-of-way to be
two foot horizontal and one foot vertical in cut and fill
Beverly Planning Board
December 9, 1997 Meeting
Page Eight
areas; a waiver to allow the use of sloped granite
curbing to match the existing curbing on Wentworth Drive;
and a waiver that the minimum cover over a sewer line be
3½ ' , seconded by Thomson. Thomson, Flannery, Dunn,
Delaney, Dinkin in favor, no one opposed. Motion carries
5-0.
Delaney: Motion to table consideration of this matter to the
Board's Special Meeting scheduled for Thursday, December
11, 1997, seconded by Flannery. Thomson, Flannery, Dunn,
Delaney, Dinkin in favor, no one opposed. Motion carries
5-0.
Subdivision Approval Not Required Plans (SANR's)
Essex Street
Cassidy updates the members and explains that this ANR was
previously approved in July; the plan, for endorsement tonight, is
a liner plan that can be recorded at the Land Court.
Thomson: Motion to endorse the plan of land for Essex Street as
one not requiring approval under the Subdivision Control
Law, seconded by Delaney. Thomson, Flannery, Dunn,
Delaney, Dinkin in favor, no one opposed. Motion carries
5-0.
198 Common Lane / Peter Farmer
Delaney: Motion to endorse the plan of land for 198 Common Lane as
one not requiring approval under the Subdivision Control
Law, seconded by Thomson. Thomson, Flannery, Dunn,
Delaney, Dinkin in favor, no one opposed. Motion carries
5-0.
Discussion/decision: Site Plan Review application #34-97:
Construction of mini-storage warehouse facility / L.P. Henderson
Road / Beverly Airport Mini-Storage, Inc.
Attorney Tom Alexander addresses the Board and updates the members
stating that a special permit was granted last month, that the
applicant has worked through all of the conditions, but that there
is one remaining issue regarding drainage, and explains that the
applicant has re-directed the flow of water to go under Henderson
Road. Attorney Alexander states that they have a plan that shows
the actual engineering details of this change, that had been
requested by the Salem/Beverly Water Supply Board.
Beverly Planning Board
December 9, 1997 Meeting
Page Nine
Cassidy states that a copy of the revised plan should be submitted
to the Salem/Beverly Water Supply Board for confirmation of its
acceptability.
Delaney asks other than the drainage issue, is this the exact same
plan as previously reviewed? Attorney Alexander responds yes.
Thomson: Motion to approve Site Plan Review Application #34-97 for
L.P. Henderson Road, subject to submission of this plan
to the Salem/Beverly Water Supply Board for review and
approval as to the relocated drainage line, seconded by
Delaney. Thomson, Flannery, Dunn, Delaney, Dinkin in
favor, no one opposed. Motion carries 5-0.
Eaton Corporation:Set date for public hearing on site plan review
application #36-97for addition to existing facility / Eaton
Corporation
Cassidy updates and explains that an application for site plan
review was received and that the applicant is seeking to add a two
story addition to an existing building and would like to set a
public hearing date.
Delaney: Motion to set a public hearing date on the Eaton
Corporation for the Board's next meeting scheduled for
January 22, 1997, seconded by Thomson. Thomson,
Flannery, Dunn, Delaney, Dinkin in favor, no one opposed.
Motion carries 5-0.
The Planters Subdivision: Expiration of Tri-Partite Agreement
posted as surety and construction completion date / O.H.C. Realty
Trust
Cassidy updates the members and explains that the applicant is
seeking two requests: the first being an extension of the
construction completion date from 12/30/97 to 4/30/97 for
completion of the tot lot, installation of heat patch of water
trench, tree/grass plot guarantee and the installation of two fire
alarm call boxes; the second request is for an extension for the
expiration of the Tri-Partite Agreement posted as surety. Cassidy
states that a letter from the bank has not yet been received, but
that a letter from Peter Ogren has.
Thomson questions the installation of the fire alarm call boxes.
Mr. Ellis states that the call boxes will be installed before the
end of the year.
Beverly Planning Board
December 9, 1997 Meeting
Page Ten
Thomson: Motion to extend the construction completion date of the
Planters Subdivision to April 30, 1998, upon the
condition that the installation of the two fire alarm
call boxes be done before the end of the year and that
surety is in place, seconded by Delaney.
Thomson withdraws his motion.
Delaney: Motion to instruct the City's Planning Director to
initiate bond revocation proceedings unless an acceptable
extension of surety, effective until April 30, 1998, is
delivered to the Planning Director by December 23, 1997,
seconded by Thomson. Thomson, Flannery, Dunn, Delaney,
Dinkin in favor, no one opposed. Motion carries 5-0.
Thomson: Motion to extend the construction completion date of the
Planters subdivision to April ,30, 1998, subject to
submission of an acceptable form of surety to the
Planning Director prior to December 23, 1997, and subject
to the installation of all fire alarm call boxes in this
subdivision before December 31, 1997, seconded by
Delaney. Thomson, Flannery, Dunn, Delaney, Dinkin in
favor, no one opposed. Motion carries 5-0.
Birch Woods Subdivision: Update on modifications to approved
desiqn of sewer system / David Walsh
Cassidy updates the members and recommends that the Board consider
these changes as formal modifications in January.
Cassidy states that the developers have agreed to all points, and
that they will be providing Mr. Killilea with a plan showing
elevations.
Delaney: Motion to table this matter to the Board's next meeting
scheduled for January 22, 1997,
Dinkin states that if the Board finds this modification to be
minor, then the Board can vote to approve.
New or Other Business
20 Foster's Point
Cassidy states that a Chapter 91 license for 20 Foster's Point is
on file with the Planning Board as required, and that it is
available for members to review.
Beverly Planning Board
December 9, 1997 Meeting
Page Eleven
Virginia Avenue
Cassidy states that a late file has been requested from Mr. Curtis
Jones for the Virginia Avenue subdivision. Cassidy explains that
the developer is seeking permission to reduce the proposed width of
an easement from 20' to 15'.
Cassidy reads a letter from Frank Killilea, Jr. dated 12/9/97. (On
File)
Delaney asks why the applicant is seeking to do this. Mr. Jones
explains that he is trying to avoid having to get a variance for a
house to be built on this lot.
Thomson states that it is his opinion that the amendment would not
elicit public comment and should be considered a minor
modification.
Delaney: Motion to find this request to be a minor modification,
seconded by Flannery. Thomson, Flannery, Dunn, Delaney,
Dinkin in favor, no one opposed. Motion carries 5-0.
Thomson: Motion that the minor modification be approved, seconded
by Delaney. Thomson, Flannery, Dunn, Delaney, Dinkin in
favor, no one opposed. Motion carries 5-0.
Board's January Meeting
Delaney: Motion that the Board's next regular meeting be scheduled
for January 22, 1998, seconded by Flannery. Thomson,
Flannery, Dunn, Delaney, Dinkin in favor, no one opposed.
Motion carries 5-0.
Adjournment
Delaney: Motion to adjourn, seconded by Dunn.Thomson, Flannery,
Dunn, Delaney, Dinkin in favor, no one opposed. Motion
Meeting was adjourned at 9:15 p.m.