2002-10-17
City of Beverly, Massachusetts
Public Meeting Minutes
BOARD: Planning Board
SUBCOMMITTEE:
DATE: October 17, 2002
PLACE: Beverly City Hall
BOARD MEMBERS PRESENT: Chairperson Richard Dinkin, Joanne Dunn, John
Thomson, Ellen Flannery, Barry Sullivan, Elizabeth
McGlynn, Robert Rink, Patricia Grimes
ABSENT:
OTHERS PRESENT: Planning Director, Debra Hurlburt and Assistant
Planning Director, Leah Zambernardi
RECORDER: Cheryl Lamont
Chairperson Dinkin calls the meeting to order at 7:30 P.M.
Flannery: motion to recess and reconvene for scheduled public hearings, seconded by
Grimes. All members in favor. No one in opposition. Motion carries.
Public Hearing – Special Permit #105-02 – Congregate Housing for Elderly and Site
Plan Review Application #72-02 for Construction of 20 Multi-Family Buildings,
Rehabilitation of Five Existing Buildings and Associated Site and Utility
Improvements-Whitehall Hill Realty Tr./Henry Bertolon
Hurlburt reads the legal notice into record.
Chairman Dinkin asks Attorney Alexander if he has had opportunity to read City
Solicitor Peter Gilmore’s legal opinion on the matter and he asks if the applicant would
like to withdraw without prejudice at this time.
Attorney Alexander states that he is unprepared to answer this request and asks if he
could have an opportunity to discuss this with his client.
Chairman Dinkin states that the Board will recess for regular meeting and reconvene the
public hearing in fifteen minutes at 7:50 P.M.
Birch Woods Subdivision – Expiration of Completion Date (10/30) – J. J. Phelan &
Sons
Hurlburt states the Board has received a letter dated October 17, 2002 from Engineering
Director Frank Killilea stating that Benchmark Survey, the Engineering Firm for PRZ has
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October 17, 2002
Page 2
submitted progress prints of as builts and street acceptance plans for review. Also,
Phelan has submitted a check in the amount of $6,000 made payable to the City of
Beverly to cover the costs of a one-inch overlay on Cross Lane. Killilea also states that
he believes Benchmark Survey will meet the October 30, 2002 deadline.
Killilea explains the reason for the payment in lieu of performing the work is that the
contractor was only required to provide a one-inch overlay and the City believes that a
two-inch overlay is necessary on that roadway in addition to making some drainage
improvements.
It was decided in the best interest of the City to arrange a monetary value for the work
Phelan was supposed to do and to have the City do this work, hopefully this fall.
Dinkin asks if they have ceded voluntary security. Hurlburt confirms that Phelan has
submitted a check for $6,000. Killilea states that approximately $1,500,000 is still set
aside in bonds. He recommends that the Board not release the bond until next month.
Thomson: motion to consider the Birchwoods subdivision as complete but to table the
matter of releasing the performance bond until the Board’s next meeting. Seconded by
Flannery. All members in favor. No one in opposition. Motion carries.
Modification of Cherry Hill Park Subdivision (approved 1979) Condition #5 of
Approval – Reduction of 150’ Greenbelt Area to 75’ – Set Public Hearing -
Extended Stay America Hotel
Hurlburt reads a letter to the Board dated September 27, 2002 from S. Scott Rogers and
Stephen DeCoursey from Bohler Engineering requesting the modification of a definitive
plan received in 1979 for condition #5 which required a 150’ restrictive greenbelt area
which runs parallel to Conant Street.
Richard Kane of Flatley Company appears before the board to request the modification of
the definitive plan. He states that they are proposing a 75’ restricted greenbelt area, which
they claim would provide open space and adequate area for landscaping for the proposed
three story, 101 room Extended Stay America Hotel.
Thomson: motion to set Public Hearing for the modification to Condition #5 of the
Definitive Plan for November 19, 2002 at 7:30 p.m., seconded by Flannery. All members
in favor. Motion carries.
Public Hearing – Special Permit #105-02 – Congregate Housing for Elderly and Site
Plan Review Application #72-02 for Construction of 20 Multi-Family Buildings,
Rehabilitation of Five Existing Buildings and Associated Site and Utility
Improvements-Whitehall Hill Realty Tr./Henry Bertolon
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October 17, 2002
Page 3
Thomson: motion to reopen the public hearing for Whitehall Hill Realty Trust, seconded
by Flannery. All members in favor. No one in opposition. Motion carries.
Attorney Alexander states that the applicant prefers to withdraw without prejudice at this
time.
Dinkin asks if at this time any member of the public would like to speak in favor or in
opposition of this project. No one responds.
The public hearing is closed.
The regular meeting of the Beverly Planning Board is called to order.
Discussion/Decision – Special Permit #105-02 – Congregate Housing for Elderly and
Site Plan Review Application #72-02 for Construction of 20 Multi-Family Buildings,
Rehabilitation of Five Existing Buildings and Associated Site and Utility
Improvements-Whitehall Hill Realty Tr./Henry Bertolon
Thomson: motion to allow the applicant, Whilehall Hill Realty Trust to withdraw
without prejudice, seconded by Flannery. All members in favor. No one in opposition.
Motion carries.
Susie’s Way – Preliminary Plans (via Bridge Street and Virginia Avenue Ext.) 2
Lots – Curtis Jones
Attorney Carmen Frattaroli, representing Curtis Jones, presents a preliminary plan to
create a minor subdivision street to provide access to two existing currently unbuildable
lots. These lots are located between properties that abut Bridge Street to the north and
properties that abut Virginia Avenue to the south. The preliminary plan includes two
alternative proposals; one with access from Virginia Avenue, and one with access from
Bridge Street.
Attorney Frattaroli discusses each alternative plan. He states that access via Virginia
Avenue would require many waivers. Another option would be to have a thruway to
Bridge Street for emergency access only. He states the better plan would be to develop
the two lots with access from Bridge Street. This plan better meets the requirements of
the subdivision regulations. It will have only one waiver request for radius at Bridge
Street. He states that four years ago, Traffic Sergeant Tarsook was in opposition to the
Bridge Street plan. Now, since there is a light slowing down traffic at Bridge and Elliott
streets, he is in favor.
He addresses the radius waiver stating that the road does not start for another 8 feet after
the property line. The surveyor has stated that one side could be made to conform.
Hurlburt reads into record letters received from the Fire, Police and Engineering
Departments.
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October 17, 2002
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Attorney Frattaroli addresses the concern of slope and states that they can meet the 6
percent grade.
Dinkin asks about replication. Attorney Frattaroli states that he is not sure that
replication would be required on the Bridge Street side.
Thomson asks the location of the 8 percent slope. Attorney Frattaroli states the property
slopes down from Bridge Street to the driveways. Thomson asks if there are houses on
the sides of the right of way off Bridge Street. Attorney Frattaroli states that there is a
driveway and a house on the right and a large yard on the other side.
Dinkin asks if they have explored the possibility of acquiring property next to the right of
way. Attorney Frattaroli states that they have not.
Dinkin states that this is an unusual situation and a waiver for turning radius causes him
anxiety.
Thomson asks if they are willing to give up the right of way off Virginia Avenue other
than for utilities. Attorney Frattaroli states that they would.
Thomson states that he is concerned with the turning radius because the left side is the
most difficult area with the most acute angle. He states that a car turning right will hang
out and that traffic will be on-coming from a shorter street. He states that if Mr. Jones
decides to provide access from Bridge Street, he would want the right of way from
Virginia Avenue given up except for the utilities easement.
Dinkin states that he would like to see an exploration with abutters over fee titles and
easements or they should conform to the turning radius requirements of the subdivision
regulations.
Members of the Board took a no vote action on this preliminary plan.
Subdivision Approval Not Required Plans (SANR’s)
181 Elliott Street – Beverly Commerce Park, Inc.
Bruce Oveson, representing 181 Elliott Street, Cummings Park presents a proposal to
reconfigure the lot lines at the Cummings Center. He explains that they are building an
anchor store to be connected to the existing parking structure.
Thomson asks if ownership of the parcels is the same. Oveson states that the whole
property is under the same ownership except for the parcels involving the ponds, which
are separate.
Thomson states that it is odd for a lot line to go through an existing building. Oveson
states that it is more of a building and fire code issue than a zoning issue.
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October 17, 2002
Page 5
Thomson asks about frontage and area requirements. Oveson states that lot A-1 has
frontage on Elliott or Balch streets. He states that there is no lot area requirement in an
IG zone.
Grimes asks how many lots there will be once the change is made. Oveson states that
there will be two.
Thomson: motion to endorse the plan as one not requiring approval under the
subdivision control law with the stipulation that this endorsement does not imply that all
aspects of the plan conform to zoning. Sullivan seconds. All in favor. Motion passes.
City Council Order #305 – Re: Hawk Hill Estates – Proposed Exchange of Property
Rights with City initiated by Symes Associates, Developer
Hurlburt states that the Planning Department sent a memo to members in July pertaining
to a letter from Symes Associates that proposes the exchange of property between the
City and the developer within the Hawk Hill subdivision. This letter was sent to the City
Council and the Legal Affairs and Accounts Subcommittee referred the letter to Planning
for a recommendation.
Hurlburt explains that this does not require a Planning Board vote.
Thomson states there is concern over this way providing access into nearby industrial
property. Hurlburt states that the City land is essentially landlocked. Sullivan suggests
that the easement be accepted with the stipulation that a restriction be placed on the right
of way stating that it may not allow access to industrial property. Thomson asks if the
City can request a monetary value for relinquishing its right to the existing 10-foot way
through the subdivision.
Approval of Minutes – Regular Meeting 9/19/02
Flannery makes a motion to table the minutes of the Regular Meeting on September 19,
2002. Sullivan seconds. All in favor. Motion passes.
New/Other Business
Waterways License – Maritime & Northeast Pipeline LLC & Algonquin Gas
Transmission Company
Hurlburt states that the Planning Department has received a letter from the DEP
approving the Chapter 91 license for the pipeline. Copies of the license are available in
the Planning Department for members to review if they wish.
Ways providing access into proposed subdivisions
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October 17, 2002
Page 6
Thomson states that he has recently reviewed case law that addresses the concept of
Planning Boards having comment over ways that provide access into proposed
subdivisions, in which it can take into account off-site access. Dinkin asks Planning Staff
to research whether the subdivision regulations include such provisions and to explore
what other cities and towns are doing. He asks staff to draft an amendment.
Adjournment
Flannery motion to adjourn. Seconded by Sullivan. All members in favor. No on in
opposition. Motion carries.
The meeting was adjourned at 8:45 P.M.