1997-04-22 Minutes
Beverly Planning Board
April 22, 1997 Joint Public Hearing
and Special Meeting
Members present: Chairman James Manzi, Bill Delaney, Salvatore
Modugno, Ellen Flannery, Steven Papa and Joanne Dunn; also present:
Planning Director Tina Cassidy, Assistant Planning Director Debbie
Hurlburt and Susan Akerman, Secretary to the Board.
Acting City Council President Russ Rollins calls the Joint Public
Hearing to order at 7:30 p.m.
Joint Public Hearing: City Council Order #61: Request to rezone
land on Shortmeadow Road from "R-10" to "CN" Zoning District /
Arthur Booras
Cassidy reads legal notice. Sitting Council President Rollins asks
if Counsel would like to make presentation.
Thomas Alexander, Attorney representing the applicant, Arthur
Booras, addresses the City Councilors and Planning Board Members
and states that Mr. Booras has owned the North Beverly Food Mart on
Dodge Street since 1988 and that he also owns several parcels of
land in the rear of the building which is adjacent to the layout of
Shortmeadow Road, which is a paper street. Attorney Alexander
explains that the store is currently zoned "CN" and that the back
parcels of land are zoned "R-10" Attorney Alexander reviews the
plan and explains that Mr. Booras is seeking to rezone a portion of
the property he owns off Shortmeadow Road from the "R-10" zoning
district to the "CN" zoning district for the purpose of
constructing 22 parking spaces for employees of the retail center.
Attorney Alexander states that Mr. Booras proposes to donate a
parcel of open space, approximately 2¼ acres, to the Conservation
Commission. Attorney Alexander hands out to the members an escrow
letter (draft form) (On File) which proposed to restrict future use
of the rezoned land to accessory parking for the retail center, to
alleviate concerns about the future use of the land if it is
rezoned.
Attorney Alexander explains that in addition to all the preliminary
work, Mr. Booras met with the abutters and neighbors. Attorney
Alexander states that 32 people have signed a petition in support
of this proposal. (On File)
Planning Board Minutes
April 22, 1997 Special Meeting
Page Two
Attorney Alexander notes that there are benefits for the City of
Beverly, and to Mr. Booras with respect to this project. Attorney
Alexander points out that the area seeking to be rezoned is larger
than necessary for the parking lot area; only a portion of the
three parcels being rezoned would be used as a parking area.
President Rollins asks if anyone from the public would like to
speak.
Joan Murphy of 36 Longmeadow Road explains that she read anarticle
in the paper with respect to spot zoning and questioned if this
would be taking place. Attorney Alexander responds no and states
that it abuts an existing "CN" zone. Councilor Murray explains
that it won't be considered spot zoning because the parcels are
adjacent to an abutting area already zoned "CN".
Ms. Murphy asks how the lot abuts a "CN" zone. Attorney Alexander
explains that it does not directly abut, but that the layout abuts
and states that it is legal to rezone a layout of a way so it can
connect.
Joseph Pellitier a resident of Beverly states that the land behind
the store has been a disgrace and what Mr. Booras will be doing is
improving the area, but also states that the area has a high water
table and asks if anything will be done to alleviate that problem.
Attorney Alexander explains that that issue is pending before the
Conservation Commission's Notice through a Intent for extensive
drainage requirements.
Councilor Troubetaris questions why the City would want to acquire
another piece of land that they would have to be responsible for
maintaining. Attorney Alexander suggests that it is an easy way to
assure that no further development occurs and notes that it would
give children a place to play.
Councilor Troubetaris asks Alexander to point out the area subject
to review by the Conservation Commission. Mr. Booras reviews the
contours of the land and states that the parking lot will drain
into the wetlands on and off site.
Councilor Golin explains that as a resident of the area she can
attest to the area being very wet and states by having this piece
of land in the ownership of the Conservation Commission, the
responsibilities of further drainage issues will be the City's and
that the neighbors see this as a benefit.
Councilor McGlynn asks what happens to Shortmeadow Road. Attorney
Alexander explains that it is a paper street and that Mr. Booras
owns to the mid point of the street where his property abuts the
layout.
Planning Board Minutes
April 22, 1997 Special Meeting
Page Three
Councilor Golin notes that the City could restrict ~he remaining
portion of the lot so it would never be paved or developed.
Attorney Alexander responds that Councilor Golin is correct and
states that the Conservation Commission could place a restriction
on the parcel as discussed previously.
Joan Murphy states that she doesn't think it is necessary to do
away with a right of way for parking purposes and that spot zoning
is a slippery slope. Attorney Alexander states that this rezoning
request does not propose to eliminate the paper street known as
Shortmeadow Road.
Councilor Murray asks if this project would prevent any access to
Dodge Street. Attorney Alexander responds no.
Councilor Murray explains to Ms. Murphy that nothing happens to the
neighborhood's access onto Dodge Street and states that he supports
the project.
President Rollins asks for a show of hands from the audience in
support of this project. (7 in favor, 3 not in favor)
President Rollins reads the following letters:
- Letter from Councilor Bill Coughlin. (On File)
- Letter from Steven Turner. (On File)
President Rollins declares the public hearing closed, and refers
the matter to the Planning Board for a recommendation.
Planning Board's Special Meetinq
Chairman Manzi calls meeting to order.
1. Discussion/decision: City Council Order #61: Request to
rezone land on Shortmeadow Road from "R-10" to "CN" Zoninq
District / Arthur Booras
Planning Board in session.
Cassidy updates the members and explains the CN zoning cn Dodge
Street, states that there is no city property involved in the
rezoning, and suggests that the construction details of the parking
area might be better left to the Conservation Commission for
review.
Planning Board Minutes
April 22, 1997 Special Meeting
Page Four
Delaney asks for a clarification with respect to the~land that Mr.
Booras actually owns in this area. Attorney Alexander explains the
contours of the land owned by Mr. Booras.
Delaney asks if there is any other land owned by Mr. Booras that
isn't either proposed for rezoning or proposed for donation to the
City. Attorney Alexander responds no.
Delaney asks if there are any construction plans with respect to
the parking area and asks what will be used to construct the area?
Attorney Alexander states asphalt will be used to construct the
area, that there will be erosion control and whatever other
restrictions the Conservation Commission places on the area.
Delaney asks if there will be lightingin the parking lot. Mr.
Booras states yes, for safety reasons for the people coming out at
night.
Delaney asks if there are any designs yet. Mr. Booras states no
and explains that he wants to involve the neighbors to see what
they think would be appropriate.
Delaney notes that he has visited this area and states that he
feels that this project makes sense, that it would clean up the
area considerably, that the Conservation Commission will do a good
job with respect to drainage concerns, and feels that it is not a
spot zoning issue, and that it is a plus to neighbors and states
that he is largely in favor of this project.
Flannery questions the proposed chain link fence. Attorney
Alexander explains that it was a suggestion of Councilor Coughlin
that the existing stockade fence be replaced with a chain link
fence.
Delaney: Motion to recommend to the City Council to adopt and
approve Order #61: Request to rezone land onShortmeadow
Road from "R-10" to "CN" Zoning District, seconded by
Flannery. Delaney, Modugno, Flannery, Papa and Dunn in
favor, no one opposed. Motion carries.
2. 589 Essex Street definitive subdivision plan and request for
waiver from frontaqe requirements of zoninq in accordance with
M.G.L. Chapter 41, Section 81-R / Sean Bell
Cassidy updates the members and recommends to the members that they
schedule a public hearing for the May 20, 1997 meeting.
Delaney: Motion to schedule a public hearing for 589 Essex Street
definitive plan to be held at the Board's next meeting
scheduled for May 20, 1997, concurrently with other
Planning Board Minutes
April 22, 1997 Special Meeting
Page Five
previously scheduled hearings, seconded by Papa. .Delaney, Modugno,
Flannery, Papa and Dunn in favor, no one opposed. Motion carries.
3. New/Other Business
Cassidy states that there is none.
4. Adjournment
Delaney: Motion to adjourn meeting, seconded by Flannery.
Delaney, Modugno, Flannery, Papa and Dunn in favor, no
one opposed. Motion carries.
Meeting adjourned at 8:15 p.m.