1999-09-14City of Beverly, Massachusetts
Public Megting Minutes
BOARD: Planning Board
SUBCOMMITTEE:
DATE: September 14, 1999
BOARD MEMBERS PRESENT: Chairperson Richard Dinkin, Vice-Chairman Bill
Delaney, Robert Rink, John Thomson, Peter Thomas, Joanne Dunn, Ellen Flannery
BOARD MEMBERS ABSENT: Barry Sullivan
OTHERS PRESENT: City Engineer Frank Killilea, City Planner Tina Coasidy
RECORDER: Tina Cassidy
Dinkin calls the meeting to order at 7:30 p.m.
Delaney: motion to recess for public hearings, seconded by Flannery. All members
in favor, motion carries.
Cassidy explains that the Board has received a request from Atty. James Manzi Jr. to
continue the public bearing on the site plan review application filed by Walter Ewaschuk
for property at 495 Cabot Street. The applicant is requesting a continuance to the
October meeting of the Board to enable him to appear before the Zoning Board of
Appeals prior to further consideration of his site plan review application.
Delaney: motion to continue the public hearing on the site plan review application
filed for 495R Cabot Street to the Board's October 19, 1999 meeting at
7:30 p.m. Motion seconded by FIannery, all members in favor. Motion
carries.
Delaney and Thomson excuse themselves from the meeting.
Public Hearing (continued): Site Plan Review application for 261-263 Cabot
Street
Dinkin reconvenes the public hearing and asks the applicants to make a presentation to
the Board. Michael Oratovsky, the architect representing property owners David and
Luba Tsypkin, addresses the Board and explains that the owners are seeking permission
to renovate a portion of the first floor retail space at this address into a bakery/cafe, and to
construct residential units on an upper story. He explains that the original site plan that
was reviewed by the Board at its last meeting has been modified to address the concerns
raised by members of the audience at the first part of the public hearing. The plan has
been changed to propose the construction of three residential units on a second story,
instead of six units on two floors. A landscaping strip has been added along the rear
property line in which three trees will be planted, and a dumpster will be located between
the two stairwells at the back of the building, and will be wheeled to the curb for
emptying. Oratovsky notes that the owners have already entered into a tentative contract
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September 14, 1999
Page two
for trash removal services, so any concerns regarding the owner's ability to arrange for
refuse collection have been addressed. Oratovsky adds that lighting fixtures are shown
on the elevation plans for the sides of the building, and will be mounted on the building
itself and their light directed downward into the parking lot.
Dinkin asks if any members of the public or board have any questions. Barry Glover,
22R Essex Street, ash ahout the details of the landscaping strip and dumpster location.
Oratovsky points to the dumpster location on the plan, and states that the three trees to he
planted along the rear property line will be honey locust trees.
Russ Rollins, Ward 2 Councilor, informs the Board that most people in the audience
came prepared to oppose the addition of six units, and is not sure what the abutters think
about the revised plan for only three units. He will withhold further comment until the
residents have had an opportunity to speak.
Flannery asks for an explanation of the number of parking spaces to be constructed on the
site. Oratovsky answers that although zoning will require five (5) spaces, the owners will
be creating six (6). Ron Costa, Atlantic Avenue, asks if the owners have used any CDBG
grant funding for the project. Oratovsky answers no.
Jeannine Glover of Essex Street asks where the exits and entrances to the residential units
will be located. Oratovsky answers in the rear of the building. She asks if the City's fire
department has approved this arrangement. Oratovsky answers yes.
Dinkin asks Cassidy to read all new correspondence on this application that was received
since the last meeting. Cassidy reads letters from the Design Review Board and an
abutter (see file). Oratovsky explains the issues that were raised at the last Design
Review Board meeting and states that he is willing to work with that Board to address
members' concerns.
Gene Marcello, Cabot Street, states his belief that the project is still not practical and is
opposed to the project.
Judy Gillespie, Agate Street, states that she is pleased with the changes the owners have
agreed to make so far in response to the concerns of abutters, and encourages the owners
to continue to meet with the residents to make sure every aspect of this project "goes
together" during construction.
Barry Glover asks how large the trees will be. Oratovsky states that the trees will be a
minimum often (10) feet in height at the time of planting. Russ Rollins expresses
concern that the sidewalk in front of the store will be blocked during construction and
asks about the delivery of goods to the bakery. Don Preston. Pickett Street, expresses his
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September 14, 1999 meeting
Page three
support for the project, believing that it would be a tremendous asset that would bring
customers into the downtown. Barry Glover states that he is in favor of the revised
project as it was discussed tonight. A resident of 2 Judson Street states that she believes
the project will enhance and beautify the downtowm
Marion SipIey states that she is in favor of the project because it will bring more people
into the downtown. An audience member asks how long construction is expected to last.
Oratovsky answers several months. Gene Bowden, Arthur Street Court, recommends the
Board require garbage disposals in all units. Dinkin informs Bowden that the Board
cannot dictate the installation of disposals in the units.
Bill Fishbane, Ellsworth Avenue, states that he is in favor of the project because it will
result in the renovation and occupancy of a vacant storefront and will add affordable
housing units to the City's housing stock.
Dinkin asks if there is any additional public comment. Hearing none, he closes the public
hearing.
Discussion: Request for Board to accept extension of time for final Board
action on M.G.L. Chapter 41, Section 81-R waiver request and definitive
plan approval for 495R Cabot Street
Cassidy informs the Board that Mr. Walter Ewaschuk, through his attorney, James Manzi
Jr. has requested that the Board accept an extension of time for final action by the
Planning Board on the above-referenced filings. The extension will extend the time from
September 30, 1999 to October 29, 1999.
Flannery: metion to accept an extension of time for final Planning Board action on
the waiver and definitive plan approval applications for 495R Cabot
Street. Motion seconded by Thomas, all members in favor. Motion
carries.
Discussion/decision: Site Plan Review application for 261-263 Cabot Street
David and Luba Tsypkin
Dinkin asks if there is any further discussion on this application.
Flannery: motion to approve the site plan for 261-263 Cabot Street as amended and
discussed this evening SUBJECT TO the condition that at least three (3)
honey locust trees be planted in the planting strip along the rear property
line and that the trees must be at least ten (10) feet in height at the time of
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September 14, 1999 meeting
Page four
planting. Motion seconded by Rink, all members in favor. Motion
carries.
Thomson rejoins the meeting.
4. Discussion: Hannah Lane definitive subdivision plan / Bernard Sawyer
Dinkin asks Cassidy to update the Board. Cassidy states that at the last Planning Board
meeting, members tabled further discussion on this application so that the applicant could
provide the Board and the City Engineer with copies of a drainage study for review. The
applicant has submitted the study and it has been reviewed by the City Engineer.
Steve Sawyer, project engineer, addresses the Board and explains the revised plan that
incorporates the requirements and recommendations of the Conservation Commission.
They will he attending a meeting of the Conservation Commission later this evening,
where they hope to get approval of the project from that Board. The Board holds a
general discussion on the project, and Cassidy reads a letter received from the City
Engineer (see file).
Dinkin asks if there is any other discussion on this matter. There is none.
Thomas: motion to approve the Hannah Lane subdivision plan as presented and
discussed this evening. Motion seconded by Flannery, all members in
favor. Motion carries.
Discussion: revisions to approved site plan for the former Haiku Haiku site
at 13-23 Enon Street
Cassidy explains that the property owner, John Athanasopolous, has made several
revisions to the approved site plan for this property. His attorney, Thomas Alexander,
addresses the Board and explains that a number of changes have been made to the plan.
The owner has attempted to resolve a dispute with one of his tenants regarding the
proposed site improvements, and has not been successful. Consequently, the applicant is
revising the site plan to: a) retain the center driveway that was to he eliminated, b) create
a two-way traffic aisle and pedestrian walkway between the new retail building and the
existing retail building, and c) leave the existing retail building homing the print shop
and liquor store as it presently exists. No facade improvements will he made to the
existing building.
Killilea notes that if the driveway scheme for this site is to be changed in any way, he
must be informed immediately so that those changes can be reflected in the plans for the
Route 1 A reconstruction project.
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September 14, 1999 meeting
Page five
Thomson asks Alexander to explain his request to modify the site plan from a procedural
perspective. Alexander responds that the City's zoning ordinance does not specify that a
public hearing must be held in order to revise the site plan, and feels comfortable that the
major change (to create a center driveway) improves traffic flow on the site and meets the
condition attached to the original site plan approval requiring a minimum separation
between buildings of at least six feet.
Cassidy reads letters from the Design Review Board and Parking and Traffic
Commission.
Dinkin asks if there is any further comment on the amended site plan. There is none.
Thomson: motion to approve the modified site plan for the former Haiku Haiku site
on Enon Strteet, seconded by Flannery. All members in favor, motion
Sunday Drive subdivision: Request bond reduction and extension of
construction completion date / David Carnevale and Gary Palardy
Cassidy explains that the developers have requested a reduction in the bond posted as
surety for this subdivision and an extension of the construction completion date which is
slated to expire on September 30, 1999. She also reads letters from Attorney Thomas
Alexander and City Engineer Frank Killilea (see file).
Following a brief discussion, members request that the matter of extending the
construction completion date be placed on the October meeting agenda for further
discussion.
Thomson: motion to reduce the surety posted for the Sunday Drive subdivision from
$17,587 to $4,000, seconded by Thomas. All members in favor, motion carries.
Worthington Green Subdivision: request to extend construction completion
date
Cassidy explains that the applicant is seeking an extension of the construction completion
date, which expires next month. The only remaining work item is the construction of
sidewalks along Grover Street, and the City has requested that he postpone doing this
work until it begins the Grover Street reconstruction project early next spring. The
developer, John Sanidas, is amenable to postponing construction. City engineer Frank
Killilea has recommended a construction completion date of September 2000.
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September 14, 1999 meeting
Page six
Members of the Board discuss the matter, and elect to postpone discussion until Mr.
Sanidas can be present. The item will he tabled to the Board's October meeting.
8: Ice House Lane: Set bond amount, request to accept passbook as surety,
release of remaining lots for sale purposes
Cassidy explains that the developer, Michael McNiff, is requesting the release of the two
remaining lots in this subdivision for sale purposes. The lots had previously been
released for building purposes only. City Engineer Frank Killilea, in a letter dated
September 14, 1999, recommends a bond amount of $1,200 for this subdivision. Mr.
McNiff who is present this evening, explains that he has a passbook in that amount and
must get the signature of the City's Finance Director on several documents in order to
complete the paperwork with the bank.
Thomson: motion to establish the surety necessary to guarantee completion of the Ice
House Lane subdivision at $1,200, to accept a passbook in that amount,
and to release the two remaining lots in this subdivision for sale purposes
SUBJECT TO receipt of a passbook in the amount of $1,200 made
payable to the City of Beverly and Michel McNiff. Motion seconded by
Thomas, all members in favor. Motion carries.
Discussion: amendments to approved site plan for Stephy's Kitchen at the
corner of Cabot and Beckford Streets
Cassidy explains that the owners of this property would like to make several changes to
the approved site plan for this project. Attorney Thomas Alexander, representing the
owners, addresses the Board and states that amendments to the plan include the addition
of an entry porch at the restaurant's front door, the addition of a "sunburst" clapboard
design on the front facade, and the relocation of a parking space to the front of the
restaurant that will he designated for handicapped parking.
Thomas asks Alexander if and when the applicant intends to remove the construction
vehicles that are presently stored on site. Alexander states that the construction vehicles
will he removed from the site as soon as work on the property is completed.
Thomson: motion to approve the modified site plan for the Stephy's Kitchen
restaurant as modified and discussed this evening, seconded by Thomas.
All members in favor, motion carries.
10.
Nicole Avenue subdivision: request for bond reduction, extension of
expiration date of Tri-Partite Agreement posted as surety
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September 14, 1999 meeting
Page seven
Cassidy explains that the developer of this subdivision, Tom Carnevale, has provided the
Board with an extension of the Tri-Partite Agreement posted as surety for this
subdivision. He is seeking an acceptance of that extension and a bond reduction.
Cassidy reads letter from City Engineer Frank Killilea with respect to the bond reduction
request (see file).
Thomson: motion to accept the executed extension of the Tri-Partite Agreement
posted as surety to guarantee project completion and to reduce the bond
from $227,068.00 to $75,962.50. Motion seconded by Flannery, all
members in favor. Motion carries.
11. Meeting House Lane definitive subdivision plan: set date for public hearing
Cassidy explains that the Board has received a definitive subdivision application for a
nine-lot subdivision off Essex Street in Beverly adjacent to the Willow Pond subdivision.
She notes that one lot shown on the plan will not meet the city's zoning requirements as it
is presently configured. However, drainage calculations and all other submission
requirements of the Board have been observed. Dinkin requests that she point out the
shortcomings to the applicant' s engineer prior to the hearing.
Thomson: motion to schedule a public hearing on the Meeting House Lane definitive
subdivision plan for the Board's October 19, 1999 meeting at 8:00 p.m.,
seconded by Flannery. All members in favor, motion carries.
12. Approval of Minutes
Dinkin asks if all members have read the draft minutes of the Board's November 17,
1998 and July 13, 1999 meeting minutes, and whether any corrections are necessary.
Flannery: motion to accept the minutes of the November 17, 1998 and July 13, 1999
meetings as drafted, seconded by Dunn. All members in favor, motion carries.
13. New or Other Business
Dinkin asks Cassidy to update the Board on the subject of possible adoption of a Great
Estates by-law. Cassidy states that she will send members copies of similar ordinances
from other communities as previously promised. Dinkin states that the subject will be
placed on the Board's agenda for the next meeting for discussion purposes.
Dinkin asks if there is any other business for the Board to discuss. There is none.
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September 14, 1999 meeting
Page eight
Thomson: motion to adjourn, seconded by Fiannery. All members in favor, motion
carries.
The meeting is adjouned at 9:20 p.m.