2002-12-17Public Meeting Minutes – Planning Board
December 17, 2002
Page 1
City of Beverly, Massachusetts
Public Meeting Minutes
BOARD: Planning Board
SUBCOMMITTEE:
DATE: December 17, 2002
PLACE: Beverly City Hall
BOARD MEMBERS PRESENT: Chairperson Richard Dinkin, John Thomson, Ellen
Flannery, Robert Rink, Patricia Grimes, Elizabeth
McGlynn,
ABSENT: Joanne Dunn, Barry Sullivan
OTHERS PRESENT: Assistant Planning Director, Leah Zambernardi
RECORDER: Leah Zambernardi
Chairperson Dinkin calls the meeting to order at 7:30 p.m.
Flannery:
Motion to recess and reconvene for scheduled public hearing, seconded by
Grimes. All members in favor, no one in opposition. Motion carries.
Public Hearing: Special Permit #106-02 – Request for a Pork Chop Shaped Lot – 23
Pershing Avenue/Barrowclough Properties
John Thomson recuses himself as an abutter.
Zambernardi reads the legal notice into record.
Grimes: Motion to put hearing in recess until the next regular meeting of the
Planning Board on January 23, 2003 at 7:30 p.m., seconded by Rink. All
members in favor, no one in opposition. Motion carries.
Kevin Dalton, representing Barrowclough Properties LLC asks if the hearing is being
continued because of a lack of a quorum. Dinkin states that it is in his authority to
continue the public hearing.
Dinkin calls the regular meeting of the Planning Board to order.
Chapman’s Corner Preliminary Subdivision – 2 Boyles Street – Whitehall Hill
Realty Trust/Henry Bertolon
Dinkin states that a letter has been submitted by Bertolon’s attorney, Tom Alexander,
requesting to continue this meeting until the Board’s next regular meeting in January.
This letter also includes a waiver of the time restrictions for final action by the Planning
Board on this preliminary plan.
Planning Board Minutes
November 19, 2002
Page 2
Flannery: Motion to continue the meeting on this preliminary plan until the next regular
meeting of the Planning Board on January 23, 2003 seconded by Grimes. All
members in favor, no one in opposition. Motion carries.
Elmtop Circle Preliminary Subdivision (5 Elmtop Lane) – Elmtop Realty
Trust/Michael Hubbard
Attorney Tom Alexander states that the Planning Board conducted a site walk on
December 7, 2002. He states that Engineer Bob Griffin will address concerns brought up
by the City Departments at the last meeting. He also states that there has been concern
about tearing down the existing building and it would be their intent to attempt to preserve
the core of the building without its later additions. It would be moved to Lot 2 as shown
on the subdivision plan.
Dinkin clarifies that some non-historically significant additions to the building would not
be in the plans to move the building. Attorney Alexander affirms.
Bob Griffin states that the right of way for Elmtop Lane is 40 feet wide. There are 7
houses off Elmtop Lane. They would construct 4 lots in the 1.4. acre area through a
minor subdivision. The goal is to widen out the portion of Elmtop Lane in front of the
subdivision to 24 feet of pavement for 2-way traffic as required by the Fire Department.
The plan calls for providing an easement in a portion of Lot 1 so they can meet the 24 feet
pavement requirement. They would maintain a 6 percent grade on the street and a 2
percent grade in the cul de sac. Engineering has commented that they find the location of
the existing water main. They would do test pits prior to filing of a definitive plan to
identify the location of the water main. Griffin also describes how they will bring the
sewer connections to City standards. The individual houses would all be sprinklered
because the existing water main is only 6 inches wide where 8 inches is required. The Fire
Department also found the numbering system was confusing, so they will accommodate
that request by re-numbering the houses or re-naming the street. They are open to
suggestions. The Health Department comments are basically pro forma and the applicants
will accommodate them in the plans. The Conservation Commission expressed concerns
related to the coastal bank and they would be filing with the Conservation Commission.
Dinkin asked if the intent is to abandon the rest of the existing driveway easement. Mr.
Griffin affirms.
Thomson states he received a copy of a letter from Hancock Survey commenting on the
plan sent to Board members from the neighbors, and asks the developer if they have
received it. Attorney Alexander states they have not received it. Thomson asks that the
applicants be given a copy and an opportunity to respond to their concerns.
Planning Board Minutes
November 19, 2002
Page 3
Thomson states he is concerned about the minor subdivision regulations and existing
conditions of Elmtop Lane, which is a minor road leading to 6 lots. He states that the
applicants propose to create 4 additional house lots also having access off that minor road.
He states that this is already characteristic of a minor subdivision and the applicants are
adding 4 more lots, which would possibly overburden the street. Attorney Alexander
states that this proposal is in of itself a minor subdivision. The existing street and the lots
pre-date the minor subdivision regulations the Planning Board has. Thomson asks the
Planning Staff or the Solicitor’s office to clarify that. Attorney Alexander asks how you
would determine what was already existing there. Beverly is an old City and there are
many roadways in Beverly that would be considered substandard. Thomson states that a
difference is that this street is a private way. He does not recall that a subdivision has ever
been created off a private way. Attorney Alexander states that they would be willing, if
required, to explore the possibility of upgrading the street to major subdivision standards.
He thinks a smaller street with less pavement would be more appropriate for the
neighborhood. Thomson states that he would think they might need to ask for a series of
waivers for a smaller street and that he is also thinking of precedents for future minor
subdivisions.
Thomson sites a concern brought up by Hancock that the length of the road is
approximately 430 feet where only 250 feet is allowed in a minor subdivision. Griffin
states that the length from Ober Street is 430 feet, but the minor subdivision road for this
proposal is measured from the intersection of Elmtop Lane. That distance is under 250
feet. Thomson, reiterates that the Board needs clarification from the Planning Department
of this. Thomson also states that roadways require 50 feet of right of way, where Elmtop
Lane only has 40 feet. Thomson asks about drainage. Griffin states that the water will
drain down to a catch basin at the bottom of the cul de sac and then it will be drained out
to the ocean.
Grimes asks about the house on Lot 1 and setback issues. Griffin States they are not
attempting to circumvent zoning, but that they are providing more pavement to meet the
right of way requirements.
Dinkin asks that the developer get copies of Hancock’s comments. Thomson asks the
applicant if they would prefer to hear responses regarding issues brought up tonight at the
next meeting or if they would like a decision tonight. Attorney Alexander states they
would like to await a decision because the preliminary plan process will help them in their
final design for the definitive plan.
Dinkin asks for an extension of the time requirements. Attorney Alexander provides a
time waiver granting an extension of the time permitted to make a decision on the
preliminary plan to February 1, 2003.
Planning Board Minutes
November 19, 2002
Page 4
Thomson:
Motion to grant an extension of the time required for action on this
preliminary plan from December 27, 2002 to February 1, 2003, seconded by Flannery. All
members in favor, no one opposed. Motion carries.
Birch Woods Subdivision – Expiration of Completion Date – J.J. Phelan & Sons
Zambernardi reads a letter dated December 16, 2002 from the Engineering Department.
Killilea states that all site work is complete and the only remaining issue with Birch Woods
Subdivision is the submittal of acceptable As Built Drawings. Killilea recommends that
the Planning Board grant a completion extension until January 31, 2003 to accomplish
this.
Thomson:
Motion to grant the extension of completion to January 31, 2003 seconded
by Flannery. All members in favor, no one in opposition.
Hawk Hill Subdivision – Acceptance of Performance Bond and Partial Release of
Lots
Zambernardi reads a letter dated December 12, 2002 from Jeff Rhuda of Symes
Associates that requests to set a bond amount for a tripartite agreement in the amount of
$811,475 and lot releases for lots 1-18, 21-24, 30, 31, & 33.
Zambernardi reads a letter dated December 16, 2002 from Engineering Director Frank
Killilea recommending that the Planning Board release the aforementioned lots for
construction and accepts the $811,475 Performance Bond Agreement.
Thomson asks if the documents are prepared. Zambernardi states that the documents are
prepared and need signatures from the Planning Board members.
Thomson asks what the time period is. Zambernardi states it is February 11, 2004.
Thomson:
Motion to accept the bond amount, seconded by Flannery. All members in
favor, no one in opposition. Motion carries.
Thomson:
Motion to release lots 1-18, 21-24, 30, 31 and 33, seconded by Rink. All
members in favor, no one in opposition. Motion carries.
Proposed Zoning Amendment – Sign Ordinance
Zambernardi provides an update for the Board. She relates information from Planning
Director, Debra Hurlburt and states that the last round of revisions have been made. They
will be reviewed by City Solicitor Peter Gilmore. Dinkin states that the matter will be
tabled until the January meeting.
Planning Board Minutes
November 19, 2002
Page 5
Proposed Amendment to Subdivision Rules and Regulations – Adequacy of Ways
Providing Access to Subdivisions
Zambernardi states that language has been drafted for this amendment and City Solicitor
Peter Gilmore has incorporated his comments. She adds that Thomson has made a
suggestion for additional language and Planning Staff is awaiting the City Solicitor’s
comments on that language. Dinkin asks if the content of Thomson’s comment will
change the nature of a legal notice necessary to call a public hearing on this matter.
Zambernardi states that will probably not be a problem.
Thomson:
Motion to set a public hearing for this proposed amendment to January 23,
2003 at 8 p.m., seconded by Rink. All members in favor, no one in
opposition. Motion carries.
Approval of Meeting Minutes:
Flannery:
Motion to accept the meeting minutes dated November 19, 2002, seconded
by Thomson. All members in favor, no one in opposition. Motion carries.
New/Other Business
Planning Board meeting dates for January and February
Due to Martin Luther King Day in January and Presidents Day in February, the Board
discusses meeting dates.
Flannery:
Motion to set the regular January and February meetings of the Beverly
Planning Board to Thursday January 23, 2003 at 7:30 p.m. and Thursday,
February 20, 2003 at 7:30 p.m., seconded by Rink. All members in favor,
no one in opposition. Motion carries.
Adjournment
Grimes:
Motion to adjourn, seconded by Flannery, all members in favor, no one
opposed. Motion carries.
The meeting is adjourned.