1997-04-15 Minutes
Beverly Planning Board
April 15, 1997 Meeting
Members present: Chairman James Manzi, Vice-Chairman Richard
Dinkin, Bill Delaney, John Thomson, Barry Sullivan, and Ellen
Flannery; also present: Planning Director Tina Cassidy, Assistant
Planning Director Debbie Hurlburr and Susan Akerman, Secretary to
the Board.
Chairman Manzi calls the meeting to order at 7:30 p.m.
Dinkin: motion to recess for public hearings and reconvene
regular meeting, seconded by Thomson. Dinkin, Delaney,
Thomson, Sullivan and Flannery in favor, no one opposed.
Motion carries.
· Public Hearing: Bartlett Street Definitive Plan: Waiver from
frontage requirements of zoning ordinance in accordance with
M.G.L. Chapter 41, Section 81-R / Consuelo Martinez and
Nicholas Metta
Cassidy reads legal notice. Manzi asks if counsel for the
applicants would like to make a presentation.
Thomas Alexander, Attorney representing the petitioners addresses
the Board and explains to the members that Lot A has the required
frontage, and Lot B has 22.50 feet of frontage. Attorney Alexander
states that the petitioners have received a variance from frontage
for Lot B from the Board of Appeals in October 1996. The
petitioners are seeking a continuance of this hearing to the April
22, 1997 special meeting because the applicant needs to
reconfigured the lot line slightly.
Cassidy reads the following letters to the Members:
- Letter dated 2/24/97 from the Beverly Fire Department.
(On File)
- Letter dated 2/4/97 from the Beverly Police Department.
(On File)
- Letter dated 4/10/97 from the Beverly Board of Health.
(On File).
Planning Board Minutes
April 15, 1997 Meeting
Page Two
Bill Finch of 50 Front Street states that he was no~ aware of the
hearing for the variance last year and is concerned with
neighborhood development and maintaining property values in the
area and that there already is a problem with off-street parking in
this area. Mr. Finch states that the off-street parking problem
will only be compounded by creating these units and that he is
opposed to this project.
Attorney Alexander addresses the Board and states that there is a
signed petition of 13 neighbors who are in support of this project
and that it was discussed thoroughly with the neighbors and with
the Board of Appeals.
Kathy Corbett of 38 Front Street states that she was at the October
meeting, and that it was canceled and she never received
notification of the rescheduled hearing date. Ms. Corbett states
that there are many more people who didn't sign the petition, and
that she is concerned with the increased density.
Mike Gaudette of 3 South Street states that he is concerned with
parking, that there are many cars that already park at the two
family dwelling, and that he is opposed to the possibility of a
house lot being broken up to make parking lots.
Dennis Corbett of 38 Front Street states that he is opposed to this
project for all the reasons previously stated.
Mr. King of 51 Front Street states that he can attest that there is
not enough parking, that there is not enough room for cars now, and
that he was never approached about the waiver and that he objects
to this project.
Carol Rose of 50 Front Street states that she is opposed to this
project and that it is crazy to do this to the neighbors.
Bill Finch states that he was not approached to sign the petition
and feels that with only 22' of frontage for the proposed Lot B
that is out of whack from the regular zoning ordinance and states
if it is to be done that it is against zoning regulations.
Dinkin: motion to place the public hearing on Bartlett Street
Definitive Plan in recess to April 22, 1997 at 8:00 p.m.
Thomson states that he does not plan to be at the April 22, 1997
meeting.
Thomson asks if the garage is removed how will parking be provided.
Attorney Alexander explains that it is only a shed and that there
is already a demolition date. Thomson asks how many parking spaces
Planning Board Minutes
April 15, 1997 Meeting
Page Three
are currently existing on site and how many will be provided if the
property is subdivided. Attorney Alexander responds that there is
one off-street parking spot on site now, and that the topography of
the property will make it very difficult to provide more.
Dinkin withdraws his motion.
Dinkin: motion to place the hearing on Bartlett Street Definitive
Plan in recess until 8:45 p.m. tonight (4/15/97),
seconded by Thomson. Dinkin, Delaney, Thomson, Sullivan
and Flannery in favor, no one opposed. Motion carries.
· Public Hearing: Site Plan Review #28-97 - 138 Conant Street
/ Connelly Brothers 1984
Cassidy reads legal notice.
Mr. Steve Connolly of Connolly Brothers addresses the Board and
states that his company is proposing a 65,000 square foot office
building at 138 Conant Street which is in an IR zone. Mr. Connolly
states that they are in compliance with the zoning ordinance, and
that the Conservation Commission has reviewed the site and that an
Environmental Notification Form has been filed with the DEP.
Peter Ogren of Hayes Engineering addresses the Board and reviews
the plan explaining that the entire property is in an IR zone, that
the proposed office building will have the required 257 parking
spaces and that 51 of those parking spaces will be under the
building. Mr. Ogren explains that the building proposed is to be
serviced by existing municipal services and that the development is
not subject to storm water management guidelines but that they took
guidance from the Storm Water Management regulations to design the
drainage system. Mr. Ogren states that there are no wetland
resource areas or bordering vegetated wetland areas on site.
Mr. Ogren states that George Zambouras raised concerns regarding
the discharge of the swale and that they made a small change from
the initial plan to now have the discharge go in the direction of
the existing catch basin in Route 128.
Mr. Harry Samolchuk addresses the Board and explains the specifics
of the building and states that the building is 65,000 square feet
in size, that it will be four stories, and that the roof will be
flat.
Mr. Samolchuk reviews the design for the basement and states that
it will be similar to the structure at 152 Conant Street.
Mr. Samolchuk reviews the landscaping and states that they will try
to maintain as much of the existing planting as they can, and then
Planning Board Minutes
April 15, 1997 Meeting
Page Four
he reviews the lighting aspects of the project. He~explains that
there will be two (2) signs, one on Conant Street and one facing
Route 128. Mr. Samolchuk states that they will be seeking a
variance because of the size of the signs.
Cassidy reads the following letters to the Members:
- Letter from the Police Department dated 4/14/97. (On File)
- Letter from the Fire Department dated 4/10/97. (On File)
- Letter from the Design Review Board dated 3/27/97.
(On File)
- Letter from the Board of Health dated 4/11/97. (On File)
- Letter from the Parking Commission dated 4/9/97. (On File)
- Letter from the Conservation Commission dated 3/27/97.
(On File)
- Letter from DPW dated 4/15/97. (On File)
Chairman Manzi closes the Public Hearing on 138 Conant Street.
· Public Hearing: Continuation Lakeshore Crossing Definitive
Subdivision Plan / Symes Associates
Chairman Manzi recused himself from discussion of this matter, Vice
Chairman Dinkin chairs the hearing.
Cassidy updates the members and reads a letter dated 4/14/97 from
Symes Associates that has been received since the Board's last
meeting. The letter requests permission to withdraw the plan from
consideration without prejudice. (On File)
Attorney Thomas Alexander respectfully requests a vote from the
Board.
Dinkin closes the Public Hearing.
Discussion/decision: Lakeshore Crossing Definitive Subdivision
Plan / Symes Associates.
Thomson: motion to permit applicant to withdraw without prejudice,
seconded by Sullivan. Dinkin, Delaney, Thomson, Sullivan
and Flannery in favor, no one opposed. Motion carries.
Planning Board Minutes
April 15, 1997 Meeting
Page Five
Delaney: motion to recess for five minutes, seconded by Flannery.
Dinkin, Delaney, Thomson, Sullivan and Flannery in favor,
no one opposed. Motion carries.
Chairman Manzi resumes the Chairmanship.
Discussion/decision: Bartlett Street Definitive Plan: Waiver from
frontage requirements of zoning ordinance in accordance with M.G.L.
Chapter 41, Section 81-R / Martinez and Metta.
Dinkin: motion to place the Public Hearing on Bartlett Street
Definitive Plan in recess to the Board's May 20, 1997
meeting at 7:30 p.m., seconded by Sullivan. Dinkin,
Delaney, Thomson, Sullivan and Flannery in favor, no one
opposed. Motion carries.
· Public Hearing: Conti.nuation Montserrat Estates Definitive
Subdivision Plan/GladVs Dailey/Suzanne SullivanJPhilip Moran
Thomson recused himself from discussion of this matter.
Delaney: motion to recess to the call of the Chair, seconded by
Dinkin. Dinkin, Delaney, Sullivan and Flannery in favor,
no one opposed. Motion carries.
Chairman Manzi states that the Planning Board is back in session.
Attorney Philip Moran presents Cassidy with a request for an
extension of time for final action by the Planning Board on this
filing for 30 days which Cassidy reads into the record.
Dinkin: motion to accept Applicant's request for an extension of
time for final action on the Montserrat Estates
Definitive Subdivision filing to May 31, 1997, seconded
by Sullivan. Manzi, Dinkin, Delaney, Sullivan and
Flannery in favor, no one opposed. Motion carries.
Dinkin: motion to recess the Public Hearing on the Montserrat
Estates Definitive Subdivision Plan to the Board's next
meeting scheduled for May 20, 1997 at 8:00 p.m., seconded
by Sullivan. Manzi, Dinkin, Delaney, Sullivan and
Flannery in favor, no one opposed. Motion carries.
Thomson rejoins meeting and Chairman Manzi calls the Planning Board
back in session.
Planning Board Minutes
April 15, 1997 Meeting
Page Six
Discussion/decision: Bartlett Street Definitive Rlan~ Waiver from
frontage requirements of zoning ordinance in accordance with M.G.L.
Chapter 41, Section 81-R / Martinez and Metta.
Cassidy states that an extension of time to May 30, 1997 for final
action on the Bartlett Street Definitive Plan has been received.
Dinkin: motion to accept the extension of time to May 30, 1997
for final Planning Board action, seconded by Delaney.
Dinkin, Delaney, Thomson, Sullivan and Flannery in favor,
no one opposed. Motion carries.
Discussion/decision: Site Plan Review application #28-97 for 138
Conant Street / Connolly Brothers 1984
Delaney asks Mr. Ogren for a detailed explanation of the drainage
system. Mr. Ogren reviews the design.
Delaney asks if the drainage system has been designed carefully so
that it will accommodate the flow and won't overflow onto Route
128. Mr. Ogren responds yes and states that George Zambouras is
satisfied with the design.
Delaney asks what is beyond the property border. Mr. Ogren states
a single family residence, and explains the area beyond the border
in the vicinity of the project.
Delaney asks the applicant to describe what the landscaping will be
along the boundary. Harry Samolchuk explains the plans for
landscaping.
Dinkin: motion to approve the proposed site plan, seconded by
Flannery. Dinkin, Delaney, Thomson, Sullivan and
Flannery in favor, no one opposed. Motion carries.
Discussion/decision: Woodland Road Definitive Subdivision Plan /
S & J Associates
Cassidy updates the members and explains that there are a number of
outstanding waiver requests that the Board never voted on.
Delaney states that he has a number of issues with this proposal
and that he is not convinced by the detention calculations.
Attorney Alexander explains that they are trying to work within the
confines of a road laid out in 1970 to make 1997 standards fit and
states that the drainage situation will be better down slope
because there is something catching it.
Delaney asks Cassidy if she could update the members regarding the
specific waivers being requested.
Planning Board Minutes
April 15, 1997 Meeting
Page Seven
Cassidy states the following waivers are being requested:
1. a request for a waiver for requiring the location of all
trees six inches in caliper or greater be shown on the
plan;
2. a request for a waiver of the 6% maximum grade for
secondary streets, and to hold the existing pavement
grade to approximately Station 2+25;
3. a request that sidewalks be waived on the westerly side
of Woodland Road;
4. a request to waiver the full construction of the 40-foot
existing right-of-way width of Woodland Road and Anna
Lane;
5. a request to allow grading outside the right-of-way to be
2' horizontal and 1' vertical in cut and fill areas, and
4' vertical to 1' horizontal in ledge cuts;
6. a request for a waiver that the minimum right-of-way
width of Woodland Road and Anna Lane be 40', and the
minimum pavement width be 28';
7. a request for a waiver from the Board's minimum roadway
radius requirement of 30'; and
8. a request for a waiver of the 500' maximum length of a
dead end road.
Thomson states that he is concerned with the two substandard radii
at the intersection of Woodland Road and Colan Street because it
will create a danger; the proposed roadway grades; and the
detention pond, noting that although it may be better for the area
in whole, he is concerned with issues such as maintenance of the
pond and the consequences downstream if it didn't function
properly.
Dinkin asks Mr. Ogren to describe what type of weather conditions
need to occur to make the detention pond flow over to the lots
surrounding it. Mr. Ogren explains that they performed analyses
with respect to the 100 year storm, but notes that the outlets do
need to be kept clear in order for it to function in accordance
with the calculations and design.
Delaney states that he is concerned with other aspects of the
project as well and states that the waivers that most concern him
are the grades, the dead end road length, and the design waivers.
Planning Board Minutes
April 15, 1997 Meeting
Page Eight
Dinkin states that he would like to see some re-engineering of the
pond to provide additional protection to the lots and states that
he can't support the waiver request for the length of the street.
Sullivan states that he is concerned with safety issues first, then
drainage. While drainage issues in the area may be improved, he
has concerns with safety issues and substandard roadway design.
Thomson suggests that they vote on the waivers one by one.
Thomson: motion to grant the requested waiver for requiring the
location of all trees six inches in caliper or greater be
shown on the plan, seconded by Dinkin. Dinkin, Delaney,
Thomson, Sullivan and Flannery in favor, no one opposed.
Motion carries.
Thomson: motion to deny the req~ested waiver of the 6% maximum
grade for secondary streets, and permission to hold the
existing pavement grade to approximately Station 2+25,
seconded by Sullivan. Manzi, Delaney, Thomson, Sullivan
mnd Flannery in favor, Dinkin against. Motion to deny
waiver carries 5-1.
Thomson: motion to grant the requested waiver that sidewalks be
waived on the westerly side of Woodland Road, seconded by
Delaney. Delaney, Dinkin, Thomson in favor, Flannery &
Sullivan against. Motion to approve waiver carries 3-2.
Thomson: motion to grant the request to waiver the full
construction of the 40-foot existing right-of-way width
of Woodland Road and Anna Lane, seconded by Dinkin.
Manzi, Dinkin, Delaney, Thomson, and Flannery in favor,
Sullinan against. Motion to grant waiver carries 5-1.
Thomson: motion to grant the requested waiver to allow grading
outside the right-of-way to be 2' horizontal and 1'
vertical in cut and fill areas, and 4' vertical to 1'
horizontal in ledge cuts, seconded by Delaney. Dinkin,
Delaney, Thomson, Sullivanand Flannery in favor. Motion
to grant waiver carries 5-0.
Thomson: motion to grant the requested waiver that the minimum
right-of-way width of Woodland Road andAnna Lane be 40',
and the minimum pavement width be 28', seconded by
Dinkin. Dinkin, Delaney and Thomson in favor, Flannery
and Sullivan against. Waiver request is denied 3-2.
Planning Board Minutes
April 15, 1997 Meeting
Page Nine
Thomson: motion to deny the requested waiver to-al}ow a dead end
street longer than 500', seconded by Sullivan. Dinkin,
Delaney, Sullivan, Thomson and Flannery in favor. Motion
to deny waiver carries 5-0.
Thomson: motion to deny the requested waiver for property line
radius requirements, seconded by Sullivan. Dinkin,
Delaney, Sullivan, Thomson and Flannery in favor. Motion
to deny waiver carries 5-0.
Dinkin states that the proposal is at a crossroads.
Delaney suggests that the Board go forward with their final vote.
Delaney: motion to deny the eight-lot revised Woodland Road
Definitive Subdivision Plan, seconded by Dinkin. Dinkin,
Delaney, Sullivan, Thomson and Flannery in favor. Motion
carries.
Delaney asks if the original ten-lot definitive plan is still on
the table. Cassidy responds yes and states that there is one
additional waiver request submitted for that application, which is
a request from the Board's requirement of a maximum 6% grade and no
greater than 9%.
Delaney: motion to grant the requested waiver for requiring the
location of all trees six inches in caliper or greater be
shown on the plan, seconded by Thomson. Dinkin, Delaney,
Sullivan, Thomson and Flannery in favor. Motion carries.
Delaney: motion to deny the requested waiver from the Board's
maximum 6% grade requirement, seconded by Sullivan.
Dinkin, Delaney, Sullivan, Thomson and Flannery in favor.
Motion carries.
Delaney: motion to deny the requested waiver that sidewalks be
waived on the westerly side, seconded by Dinkin. Dinkin,
Delaney, Sullivan, Thomsonand Flannery in favor. Motion
carries.
Delaney: motion to grant the requested waiver to allow grading
outside the right of way to be 2' horizontal to 1'
vertical in cut and fill areas and 4' vertical to 1'
horizontal in ledge cuts, seconded by Sullivan. Dinkin,
Delaney, Sullivan, Thomson and Flannery in favor. Motion
carries.
Planning Board Minutes
April 15, 1997 Meeting
Page Ten
Delaney: motion to deny the request to waiver theminimumproperty
line radius requirement of 30', seconded by Dinkin.
Dinkin, Delaney, Sullivan, Thomson and Flannery in favor.
Motion carries.
Delaney: motion to deny the requested waiver that the minimum
right-of-way width be 40', seconded by Dinkin. Dinkin,
Delaney, Sullivan, Thomson and Flannery in favor. Motion
carries.
Delaney: motion to deny the ten-lot Woodland Road Definitive
Subdivision Plan, seconded by Sullivan. Dinkin, Delaney,
Sullivan, Thomson and Flannery in favor. Motion carries.
Discussion/decision: Virginia Avenue Definitive Subdivision Plan
/ Curtis Jones
Cassidy updates the members and reads a letter from Attorney Hilde
Feuerbach representing the applicant Mr. Curtis Jones dated
4/11/97. (On File)
Thomson asks if any waivers are being requested. Cassidy responds
that there were three; the Board granted a tree waiver but denied
waiver requests for sidewalks and
Thomson asks if the plan complies with all the rules and
regulations. Cassidy responds that it does.
Thomson: motion to approve the plan for Virginia Avenue Definitive
Subdivision as proposed, seconded by' Dinkin. Dinkin,
Delaney, Sullivan, Thomson and Flannery in favor. Motion
carries.
Subdivision Approval Not Required Plans (SANR's)
44 Thissell Street / Samuel Vaughn, Jr.
Cassidy updates the members and explains that a portion of this
property is under a Conservation restriction.
Chairman Manzi asks if the plan conforms to all the rules and
regulations. Cassidy responds yes.
Dinkin: motion to endorse plan of land for 44 Thissell Street as
one not requiring approval under the Subdivision Control
Law, seconded by Flannery. Dinkin, Delaney, Sullivan,
Thomson and Flannery in favor. Motion carries.
Planning Board Minutes
April 15, 1997 Meeting
Page Eleven
Set date for public hearing: 24 Brimbal Ave. Definitive Plan and
request for waiver of frontage requirements in accordance with
M.G.L. Chapter 41, Section 81-R / Leonard Colten
Cassidy updates the members.
Dinkin: motion to schedule a public hearing on the 24 Brimbal
Avenue filing for May 20, 1997 at 8:30 p.m., seconded by
Thomson. Dinkin, Delaney, Sullivan, Thomson and Flannery
in favor. Motion carries.
Set date for public hearing: Site Plan Review Application #29-97/
102 Cherry Hill Dr. / The Flatley Company
Cassidy updates the members.
Dinkin: motion to schedule a public hearing on the site plan for
102 Cherry Hill Dr. for May 20, 1997 at 8:40 p.m.
consecutively, seconded by Thomson. Dinkin, Delaney,
Sullivan, Thomson and Flannery in favor. Motion carries.
Approval of Minutes: March 18, 1997 Regular Meeting and April 5,
1997 Site Visit and Public Hearinq
Sullivan: motion to approve the minutes of the Board's March 18,
1997 Regular Meeting, and the Board's April 5, 1997 Site
Visit and Public Hearing as drafted, seconded by Delaney.
Dinkin, Delaney, Sullivan, Thomson and Flannery in favor.
Motion carries.
New or Other Business
Cassidy reminds members that a Joint Public Hearing has been
scheduled for Tuesday, April 22, 1997 at 7:30 p.m. with respect to
a proposed zoning amendment off Dodge Street.
Dinkin and Thomson state they will be unable to attend that
meeting.
Adjournment
Thomson: motion to adjourn the meeting, seconded by Dinkin.
Dinkin, Delaney, Sullivan, Thomson and Flannery in favor.
Motion carries.
Meeting was adjourned at 10:00 p.m.