1999-07-13City of Beverly, Massachusetts
Public Meeting Minutes
BOARD:
SUBCOMMITTEE:
DATE:
PLACE:
BOARD MEMBERS PRESENT:
Planning Board
July 13, 1999
Beverly City Hall
Chairperson Richard Dinkin, Barry Sullivan, Ellen
Flannery, Joanne Dunn, Peter Thomas, Robert Rink
ABSENT:
OTHERS PRESENT:
RECORDER:
Vice Chairman, Bill Delaney; John Thomson,
Salvatore Modugno
City Planner Tina Cassidy
Jeannine Dion
Chairperson Dinkin called the meeting to order at 7:30 p.m.
Sullivan:
Motion to recess for public hearings, seconded by Thomas. All members
in favor, no one opposed. Motion carries.
Public Hearing: Site Plan Review application #51-99: renovation of
retail space at 261-263 Cabot Street and construction of second and
third stories for residential apartments / David and Luba Tsypkin.
Cassidy reads legal notice.
Mr. Michael Oratovsky appears on behalf of the applicants, David and Luba Tsypkin.
Oratovsky states the applicants currently own a one-story retail building. The applicants
intend to open a bakery in the vacant retail space and are proposing to add two stories to
the building for residential apartments. He states the owners will occupy one of the
apartments. Oratovsky states the applicants will create a parking lot at the rear of the
building to provide off-street parking for the residential units. Mr. Oratovsky also states
the building is consistent with the urban fabric of the City of Beverly.
Flannery asks if there will be outside lights on the building. Oratovsky responds that
there will be a light at both stair towers directed downward to the parking lot.
Dinkin asks if there are any questions. There are none.
Cassidy reads letters from the Fire Department, Police Departmere, Board of Health, and
Design Review Board.
Dinkin asks if there are any questions from the Board regarding the department letters.
There are none.
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July 13, 1999
Page 2
Dinkin asks if any audience members have any questions.
Barry Glover, 23R Essex Street asks about the height of the building. Oratovsky states it
will be the same height as the abutting property. Glover asks if there will be any changes
to the parking. 0ratovsky responded that no changes were being proposed to the parking
lot. Glover states he is concerned about too many lights. Oratovsky responds that the
lights could be targeted downward. Glover asks if there would be a dumpster. Oratovsky
responds in the afftrmative. Glover expresses concerns about looking at the back of a
dumpster. Cassidy said the dumpster must be screened in accordance with the
requirements of the Zoning Ordinance.
Jeannie Glover, 23R Essex Street reiterates her husband' s concerns and expresses
concern about a decreasing piece of land, which used to act as a buffer.
John Mahoney, 263 Cabot Street, owner of the Atomic Cafe, expresses concern about a
garbage truck being able to fit into the parking lot to empty the dumpster. Mahoney asks
how many cars the owners have. The applicant has two cars. Mahoney expresses
concern about where the construction people are going to park during the construction
phase of the project.
A resident of Cabot Street expresses concern about the parking. He asks if the Catholic
Church has been advised of the proposed construction. Cassidy responds that the
Church, indeed, has been notified.
Tim Glover, 23R Essex Street, asks if it is possible to request some type of planting to act
as a buffer between the properties. Dinkin responds that this request is within the
purview of the meeting.
Dinkin asks if there are any comments in support. There are none.
Dinkin asks if there are any comments in opposition.
Gene Marcello, 265R Cabot Street states the whole area is comprised of houses and
buildings very close together. He is concerned that the new height of the building will
block out a considerable amount of light. Oratovsky responds stating that 2/3 of the
buildings in the area are the same height. Marcello states he is concemed about the
trash/dumpster, more noise and a long construction schedule.
The owner of the Cabot Place Restaurant at 256 Cabot Street states he has concerns about
the parking, especially during construction. He also states he does not believe a dumpster
will fit into the small parking area.
Dinkin states it would be his preference to resolve the issues of the location of and
screening of the dumpster and suggests that the applicant take a look at providing
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July 13, 1999
Page 3
landscaping along the rear fence. Cassidy suggests the applicant also address the
comments of the Design Review Board. Thomas states he would like the applicant to
address the issue of additional storage space for the residential units.
Flannery:
motion to continue the public hearing Site Plan Review application #51-
99: renovation of retail space at 261-263 Cabot Street and construction of
second and third stories for residential apartments to September 14, 1999
at 7:30 p.m., seconded by Sullivan. All members in favor, no one in
opposition. Motion carries.
Public Hearing: Hannah Lane definitive subdivision plan (25 Hull
Street) / Bernard and EIma Sawyer, Trustees
Cassidy reads the legal notice.
Stephen Sawyer, the applicant's engineer presents the plans to the Board. The applicants
are proposing to divide their 40,000 square foot lot in two to create an additional building
lot. Sawyer states a 50 foot right of way with a cul-de-sac will provide access to both the
existing house and the new lot. Sawyer is asking for two waivers: first a waiver from the
requirement for a 30' radius on one side of the new road at the Hannah Lane/Hull Street
intersection and second a waiver of the 25' minimum pavement width for minor streets to
allow a pavement width of 18' with two 3' grass shoulders. Sawyer states the plan will
create a nice lot and enhance the area.
Dinkin asks if there are any questions. Sullivan asks if the applicant could provide a
screen between the property and the school. Sawyer responds the applicant would be
willing to provide a screen. The owner, Bernard Sawyer states there currently is planting
now between the house and the school and as such there is no open view. Sullivan asks
why the applicant is requesting a waiver for a 30' radius requirement. Sawyer responds
that it is due to the location of the driveway and as a shared driveway it is conducive to
the lots.
Thomas asks if the applicant is proposing curbing. Sawyer responds "no." Mr. Thomas
asks if there is a change in elevation. Mr. Sawyer responds there is a very slight change
but the applicant is basically following the current contours of the land.
Rink asks if the City Engineer has reviewed the plans. Cassidy responds that he indeed
has.
Ms. Cassidy reads letters from the Conservation Commission, Engineering Department,
Fire Department, Police Department and Board of Health.
Dinkin asks if there are any questions from the Board regarding the letters. There are
none.
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July 13, 1999
Page 4
Dinkin asks if there are any questions from the audience.
Tom Butler, 21 Hull Street states during the 40 years he has lived on Hull Street, he has
been flooded out about 15 times. Mr. Butler expresses concern about more hot top
adding to the flooding problems. Mr. Sawyer states that he will be filing a Notice of
Intent with the Conservation Commission and that there is room to create a swale to hold
the water if the Conservation Commission believes it necessary. Sawyer states there
would be no increase in storm water flow from the site.
Dinkin asks if there are comments in support of the petition.
Bernard Sawyer, the applicant, states Butler's problem stems from the school. Sawyer
states the grade is not changing and he does not see how this will change the current
water problem. Sawyer states he has not had a water problem in 21 years. Sawyer states
he has met with several neighbors to discuss the project and as yet has had no objections
to the project.
Dinkin asks if there are comments in opposition.
City Councilor John M. Murray, Greenwood Avenue, states the Planning Board should
visit the site. Murray agrees that there is a flooding problem. Murray concedes that it is
probably because of the construction of the school.
Butler states the applicant does not have a flooding problem because he is 30 feet above
him and again strongly expresses his opposition.
Dinkin asks if there are any comments.
Dinkin asks if there are any other questions from the Board or the audience. There are
none. Dinkin declares the public hearing closed.
Public Hearing: Site Plan Review application #50-99: construction of
new restaurant building at 396 Cabot Street / Balboni Family Trust.
Cassidy reads the legal notice.
Mr. Thomas Alexander, representing the property owner, Balboni Family Trust, states the
property is on the comer of Cabot and Beckford Streets and has been under the
ownership of the Balboni family for approximately fifty years. Alexander states the
applicant intends to sell Lot B to David Jenks, owner of five pizza franchises and
refurbish the building which will house a new Dominoes pizza establishment. Alexander
states the existing convenience store will move to the opposite side of the building and a
new free-standing restaurant building will be constructed. Alexander states he has gone
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July 13, 1999
Page 5
before the Design Review Board, Parking & Traffic Commission and the Board of
Appeals. Alexander states the applicant has agreed to move the dumpster to the rear of
the property (as requested by the Board of Appeals), move the lot line, improve a
stockade fence for an abutter and withdraw a request for a free standing sign in the from
of the property. Alexander states Stephy's Kitchen and Dominoes Pizza will complement
each other. Alexander states Killilea provided him with a letter with concerns of a
technical nature. Alexander states the concerns will be addressed.
Dinkin asks if there are any questions from the Board. Sullivan asks about the location of
the Dominoes Pizza. Alexander states it will be on Cabot Street. Sullivan asks about
curb cuts. Alexander said they are shown on the plan.
Ms. Flannery asks about outside lighting. Jenks states the lights will be on until
midnight.
Cassidy reads letters from the Conservation Commission, Parking and Traffic, Police
Department, Board of Health and City Engineer. In the City Engineer's letter, Mr.
Killilea states the plan is not stamped by a registered architect and states the easement
area should be more clearly identified.
Dinkin asks if there are any questions from the audience. There are none.
Dinkin asks if there are any comments in support. There are none.
Dinkin asks if there are any comments in opposition. There are none.
Dinkin recommends waiting until Mr. Killilea's comments have been addressed. Dinkin
said he would like to see the appropriate signatures on the plans before the closing of the
hearing.
Alexander states Richard W. Griffin from Salem prepared the plans and he feels
confident he can obtain signatures from him tomorrow. Alexander further states utilities
are a matter of public record, construction materials are not part of the public hearing
process and lastly, a delay could impose a substantial hardship on the project. Alexander
states Killilea's concerns are of a technical nature and should not hold up the process.
Dinkin asks if the easement is located on the plan. Mr. Alexander responds in the
affirmative. Dinkin recesses the Board until 9:25 p.m.
Dinkin calls the regular meeting to order.
Subdivision Approval Not Required Plan / 396 - 398 Cabot Street /
Balboni Family Trust
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July 13, 1999
Page 6
Cassidy explains the plan to divide this lot into two. Dinkin asks if it meets all the
Board's requirements for ANR plans. Cassidy responds that it does.
Sullivan:
motion to endorse the plan for 396-398 Cabot Street / Balboni Family
Trust as one not requiring approval under the Subdivision Control Law,
seconded by Thomas. All members in favor, no one in opposition.
Motion carries.
Subdivision Approval Not Required Plan / 239 Hale Street
Cassidy explains the plan, which would subdivide the property into two lots. The plan
meets the Board's requirements for ANR plans.
Sullivan:
motion to endorse the plan for 239 Hale Street as one not requiring
approval under the Subdivision Control Law, seconded by Flannery. All
members in favor, no one in opposition. Motion carries.
Public Hearing (continued): Site Plan Review application #50-99:
construction of new restaurant building at 396 Cabot Street / Balboni
Family Trust.
Dinkin calls the public hearing back into session from its earlier recess. The Board
members review the plan and Dinkin confirms the name of the individual who prepared
the plan with Alexander; the same gentleman prepared the ANR plan just reviewed by the
Board. Dinkin closes the Public Hearing.
Dinkin returns the meeting to regular session.
Public Hearing: Site Plan Review application #48-99: accept
extension of time for final Board action on petition to construct two
craftsmen's shops at 495R Cabot Street / Walter Ewaschuk.
Cassidy reads the applicant's letter of request to continue the site plan review public
hearing to September 14, 1999 and his request for an extension of time on the M.G.L.
Chapter 41, Section 81 -R and definitive plan approval to September 30, 1999.
Thomas:
motion to continue the public hearing regarding Site Plan Review
application #48-99 to construct two craftsmen's shops at 495R Cabot
Street at the applicant's request to the Board's September 14, 1999
meeting, seconded by Flannery. All members in favor, no one in
opposition. Motion carries.
Sullivan:
motion to accept the extension of time for final action by the Board on the
requests for 81-R waivers and definitive plan approval in accordance with
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July 13, 1999
Page 7
M.G.L. Chapter 41, Sections 81 -R and 81-T and to continue discussion on
both requests to September 14, 1999, seconded by Rink. All members in
favor, no one in opposition. Motion carries.
Discussion/decision: Hannah Lane definitive subdivision plan (25
Hull Street)
Dinkin asks the engineer to review the drainage plan again. Sawyer states there is ample
room for a swale if it is needed.
Dinkin details the two waivers being requested 1) reducing the width of roadway to 18'
and 2) 30' radius requirement. Dinkin states the Police Department representative is not
the only person with a problem with reduced roadway widths - the Chairman does, too.
Dinkin states if reducing the amount of impervious surface could help reduce or eliminate
drainage problems, he would consider the waiver. Dinkin states he would like to see the
calculations before rendering a decision. With the concurrence of the Board, Dinkin
continues the public hearing until September 14, 1999.
Public Hearing (continued): Site Plan Review application #50-99:
construction of new restaurant building at 396 Cabot Street / Balboni
Family Trust.
Sullivan:
motion to approve the Site Plan application #50-99 / 396 Cabot Street/
Balboni Family Trust subject to the following conditions:
1. The site plans are stamped and signed by a Massachusetts registered
land surveyor
2. The information on all utilities servicing all buildings are added to the
site plan, and
3. Structural dimensions are added to the plan along with a description of
the proposed foundation and materials of construction.
Motion seconded by Thomas. All members in favor, no one opposed.
Motion carries.
10. The Planters Subdivision: expiration of Tri-Partite Agreement posted
as surety to guarantee project completion / T. Ford Properties
Cassidy states the Board voted to revoke the surety for this project in June because there
were several outstanding bond items remaining to he completed in this project. Cassidy
states some headway has been made. Ms. Cassidy states the current amount of surety is
$35,000, and states Mr. Killilea, the City Engineer recommends reducing the amount of
surety to $25,000.
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July 13, 1999
Page 8
Sullivan asks if it is possible for all issues to be resolved before the next meeting. Albert
Ellis, representing the developer responds that he does not think so. Sullivan states that
he would be very happy if the work is completed by the September meeting.
Sullivan: motion to reduce the amount of surety necessary to guarantee completion
of the Planters Subdivision project to $25,562 and to accept a passbook in
this amount from the Eastem Bank (passbook account number 98056938)
as surety for the project. Motion seconded by Flannery, all members in favor, no one opposed. Motion carries.
11. Chapel Hill Subdivision: expiration of Tri-Partite Agreement posted
as surety to guarantee project completion / T. Ford Properties
Cassidy states the Board is holding $10,000 pending preparation of easement
documentation for an easement along Grover Street required by the Board as a condition
of approval of the subdivision. Cassidy states the draft easement language has been
submitted to the Planning Department and approved as to form by the City Solicitor.
Cassidy recommends the board refer the roadway easement to the City Council for
acceptance on the City's behalf.
Sullivan: motion to accept and refer the attached madway easement for Chapel Hill
Subdivision to the City Council for acceptance on the City' s behalf and to
release all remaining bond monies posted as surety to guarantee
completion of the project. Motion seconded by Flannery, all members in
favor, no one opposed. Motion carries.
12. Birch Woods Subdivision: set official construction completion date
Cassidy recommends the board establish a construction completion date for Birch
Woods Subdivision for May 1, 2001, which is two years from the date of approval of the
last modification.
Sullivan: motion to establish the construction completion date for Birch Woods
Subdivision for May 1, 2001. Motion seconded by Flannery, all members
in favor, no one opposed. Motion carries.
13. City Council Order #43: outstanding recommendations to City
Council on proposed zoning amendments
Cassidy states there are still two remaining proposals (pedestrian access in parking areas
and adoption of overlay zoning districts as independent ordinances) on which the Board
must make recommendations. Cassidy states there is a timeline (90 days from the close
of the hearing) which needs to be followed. Cassidy states the Board will need to
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July 13,1999
Page 9
schedule another joint public hearing with the City Council in order to officially adopt the
zoning changes.
14.
New or Other Business
a) City Council referral of Great Estates by-law
Cassidy provides Board members with information from the Town of
Ipswich regarding a "Great Estates" by-law. Cassidy states she hopes to
provide Board members with some other examples of this by-law.
Sullivan asks Cassidy if she can get more information from other
communities. Cassidy responds in the afftrmative.
Dinkin states he has been talking about adaptive use of estates and thinks
it might be time for the City to consider this type of zoning.
Cassidy states she believes this is a proactive measure and will place the
subject on the September meeting agenda for discussion by the Board.
Sullivan: motion to adjourn, seconded by Flannery, all members in favor, no one
opposed. Motion carries.
The meeting is adjourned at 9:55 p.m.