2002-03-19City of Beverly, Massachusetts
Public Meeting Minutes
BOARD: Planning Board
SUBCOMMITTEE:
DATE: March 19, 2002
PLACE: Beverly City Hall
BOARD MEMBERS PRESENT: Chairperson Richard Dinkin; Joanne Dunn, John
Thomson, Ellen Flannery, Peter Thomas, Elizabeth
McGlynn, Robert Rink, Patricia Grimes
ABSENT: Barry Sullivan
OTHERS PRESENT: City Planner Debra Hurlburt
RECORDER: Jeannine Dion
Chairperson Dinkin calls the meeting to order at 7:30 p.m.
Thomson:
motion to recess for public hearings, seconded by Flannery. All members
in favor, no one in opposition. Motion carries.
Public Hearing: Site plan review application #67-01- Cabot Crossing –
Construction of Commercial building and mixed-use commercial/residential
building – 495 Cabot Street/Town & Country Homes
Hurlburt reads the legal notice into record. She states that at the last hearing, the
application was continued due to technical deficiencies on the plan. Since that time, Mr.
Griffin has updated the plan and it is now technically compliant.
Attorney Thomas Alexander states that the applicant has complied with all of the
requirements and the plan has been approved by the Design Review Board and the Parking
& Traffic Commission and the Building Inspector. He requests that the public hearing be
closed and that the Planning Board take action on this matter.
Hurlburt reads correspondence from the following departments/boards into record:
·
Tim Brennan, Building Inspector (dated March 18, 2002),
·
Frank Killilea, Engineering Department.
Dinkin asks if there are comments in favor of the plan. There are none.
Dinkin asks if there are comments in opposition to the plan.
Lorelei Azarian, 509 Cabot Street disagrees with Mr. Alexander’s comment that the plan
has been approved by all boards. She states that the Conservation Commission has not
approved the plan. She is opposed to the proposed project.
Planning Board Minutes
March 19, 2002
Page 2
Claudette Turner, 5 Roosevelt Avenue states that even though there is a drought, she still
has standing water in her backyard. The project should not be approved because it is too
big for the area.
Bill Squibb, 509 Cabot Street states that there is a “property rights” concern regarding this
project. This project proposes moving wetlands closer to other abutting properties.
Rosemary Maglio, 30 Pleasant Street reads a letter into record.
The public hearing is closed.
Public Hearing: Modification to Site Plan Review #60-00 – Reduce building design
by 11,000 square feet and parking reduction by 59 spaces – 45 Enon Street / Enon
Street LLC
Hurlburt reads the legal notice into record.
Attorney Thomas Alexander states the modification is a reduction of 11,000 square feet in
building area and a reduction in 59 parking spaces. The underground parking is being
eliminated. The plan has been approved by the Design Review Board and the Parking and
Traffic Commission. The project is outside the buffer zone. The work on the site has
been supervised by a Licensed Site Professional, who has been working in conjunction
with the DEP. Any fly ash on site has been dealt with as recommended by DEP.
Peter Ogren reviews the details of the project. He states the retention pond and the traffic
design is the same. There is currently a 6-inch line and it would be difficult to put
additional lines underneath Enon Street.
Hurlburt reads correspondence from the following departments/boards into record:
·
Letter from Pam Kampersal (dated March 5, 2002) expressing concern regarding
40,000 cubic yards of fly ash on the site and alleged illegal dumping on the site.
·
Letter from the Design Review Board (dated March 11, 2002),
·
Letter from the Parking and Traffic Commission,
·
Letter from the Conservation Commission Agent, Deb Hurlburt,
·
Letter from Sergeant Dennis Tarsook, Police Department,
·
Letter from William Burke, Director of Public Health (dated March 14, 2002),
·
Letter from Fire Prevention (dated March 18, 2002),
·
Letter from the Engineering Department (dated March 19, 2002).
Planning Board Minutes
March 19, 2002
Page 3
Killilea asks when the applicant is going to finalize the plan and get the proper city permits
for the construction project. He states the Planning Board conditions #8 and 9 required
same. Ogren responds that the finalization of the water services will be done when it is
determined how many tenants will occupy the site. There are final architectural plans for
the restaurant only at this time.
Dinkin asks if there are any comments in support of the project. There are none.
Dinkin asks if there are any comments in opposition.
William Welsh, 7 Lincoln Street states that he believes the building is closer to the
residential properties and he asks if there will be plantings along the abutters’ property
lines to provide a buffer. Ogren responds that the building has slid back a little. The
actual edge of the pavement, buffer zone and landscape plan remains the same. He states
the total activity behind the center will now be decreased because of the elimination of the
underground parking.
Dinkin places this hearing in recess until 9:00 p.m.
Concurrent Public Hearing: Special Permit Request #104-01 & Site Plan Review
Application #71-01 – Construction of 14-Unit Apartment Building/103 Elliott
Street/Brian LeBlanc
Hurlburt reads the legal notice into record.
Bill Balkus, the architect for the project, appears on behalf of the applicant, Brian
LeBlanc. He states since the last meeting, Hayes Engineering engineered the property.
Frank Killilea has reviewed the plan and some changes have been made pursuant to Mr.
Killilea’s request.
Hurlburt reads a letter from City Engineer, Frank Killilea dated March 19, 2002. He
recommends that the width of driveway waiver be denied due to the volume of traffic on
Elliott Street.
Dinkin asks if members of the public have clarifying questions.
Rosemary Maglio, 30 Pleasant Street asks how the proposed project will be screened from
the residential abutters. Balkus responds that according to the Zoning By-Laws the
applicant is not required to provide any buffer. He states the applicant is providing a 6-
foot cedar-screening fence around the perimeter of the whole property.
A business owner at 117 Elliott Street expresses concern that the proposed project will
exacerbate the already limited parking situation in the area.
Planning Board Minutes
March 19, 2002
Page 4
Joan Murphy, 36 Longmeadow Road expresses concern regarding the width of the
driveway.
Mr. Modugno, 1 Colgate Road states he is in favor of the project. The house has been
empty for over 20 years and views this project as an improvement.
A resident states that he is concerned about the impact this project will have on traffic and
parking in the area.
Dinkin asks if there are additional comments. There are none.
The hearing is closed.
Public Hearing: Modification to Site Plan Review #60-00 – Reduce building design
by 11,000 square feet and parking reduction by 59 spaces – 45 Enon Street / Enon
Street LLC
The Board is back in session regarding Site Plan Review #60-00. Public comments
continue.
Renee Mary, 274 Hale Street expresses concern regarding the proximity of the fly ash to
the neighborhood.
Margarie Crosby, 17 Lincoln Street states that 18 months ago the owner of the property
promised a fence and trees for screening. There are very few trees left standing. Ogren
responds that the site plan shows a fence.
Jack Kelliher, President of Kelliher Construction Company, 232 Essex Street states that
during the month of April, the trees will be planted as shown on the landscape plan. In
reference to the fence, he states that he and the owner of the property recently walked the
property and they discovered that there were several fences, which encroached on the
applicant’s property. They spoke with the abutters and all parties agreed to leave the
fences. He asks what the Planning would like to applicant to do.
Dinkin states that the Planning Board would insist that the applicant comply with what the
plan represents. Kelliher expresses concern about angering some of the neighbors but
agrees to install a fence.
Rink asks what happened to the dumpster. Ogren responds that there are now small
containers in each loading dock.
Dinkin adjourns the hearing.
Planning Board Minutes
March 19, 2002
Page 5
The regular meeting of the Planning Board is called to order.
Subdivision Approval Not Required Plans (SANR’s)
22 Echo Avenue
Hurlburt states the applicant is requesting a conveyance of property from Lot A2 to B2.
Hurlburt states the applicant meets all the regulations.
Flannery:
Motion to endorse the plan for 22 Echo Avenue as one not requiring
approval under the Subdivision Control Law, seconded by Grimes. All
members in favor, no one in opposition. McGlynn abstains. Motion
carries.
Discussion/Decision: 67-01 Cabot Crossing – Site Plan Review Application #67-01 –
Cabot Crossing - Construction of Commercial building and mixed-use
commercial/residential building – 495 Cabot Street/Town & Country Homes
Thomson expresses concern regarding the type of use for the front of the building.
Thomson:
Motion to approve the Site Plan subject to the Planning Board retaining
jurisdiction over the property and that the applicant be required to come
back before the Planning Board for further review of the Site Plan once a
use is determined for the proposed 1-story Commercial/Residential
building, and the use must be a CN type use. The Planning Board reserves
the right to review the site plan again, seconded by Flannery. Grimes
abstains. Motion carries.
Discussion/Decision: Modification of Site Plan Review #60-00 45 Enon Street/Enon
Street LLC
Hurlburt reads into records a letter dated July 11, 2000 from Richard Dinkin, Chairman of
the Planning Board outlining the Conditions #8 and #9. The conditions read as follows:
Condition 8: The sizes of the existing water and sewer lines on Enon Street must be
verified and a proposed water and sewage service on the site must be designed to the
satisfaction of the City Engineering Director.
Condition 9: The owner must obtain all required permits from the Engineering
Department and resolve all applicable water testing charges prior to issuance of a building
permit.
Planning Board Minutes
March 19, 2002
Page 6
Killilea states that to date the Engineering Department has not issued any permits for this
project. He has not seen a building permit. The applicant needs a sewer permit, water
permit and the water service charge must be addressed. Attorney Alexander states the
applicant has a foundation permit. When the project is beyond the foundation, the
applicant will apply for the building permit and pay the demand charge at that time.
Killilea states the following permits must be pulled: water, sewer, building and the
demand charge.
Thomson expresses concern that the building is moving closer to the residential abutters
and requests that the fence be installed before construction commences. He also expresses
concern that the screening is somewhat vague. He recommends sticking with the
landscape plan now and perhaps request the applicant come back before the Planning
Board in one year to revisit the landscape plan.
Thomson:
Motion to approve the modification, including the original conditions and
modification of the fence requirement, so that a continuous fence exists
across or near the northern property line (either incorporating existing
fences that are on the property or new fences) continuing to the buffer
zone. And that the adjoining properties of Serino and Welch of 9 and 7
Lincoln Street include the planting of 3 additional White Pines (at each
address) as part of the landscaping plan for additional screening either at
the top or the bottom of the bank, seconded by Thomas. Grimes abstains.
Chair is opposed. Motion carries.
Discussion/Decision: Special Permit Request #104-01 & Site Plan Review
Application #71-01 – Construction of 14-Unit Apartment Building/103 Elliott
Street/Brian LeBlanc
Thomson:
Motion to grant the Special Permit Request #104-01 and Site Plan Review
#71-01, seconded by Thomas. Grimes abstains. Motion carries.
Repetitive Petition to the Zoning Board of Appeal/19 Rezza Road/Brian Boches
Planning Board Minutes
March 19, 2002
Page 7
Hurlburt updates the Board on this proposal at 19 Rezza Road and stated that the
Planning Board had reviewed a Repetitive Petition for Mr. Boches at its December 18,
20001 meeting. Mr. Boches had successfully received an eight-vote approval from the
Board to return to the Zoning Board of Appeal (ZBA). However, it was discovered at the
ZBA meeting, that the Board might not have seen the second plan that the ZBA reviewed
and ultimately denied. The ZBA has continued it’s meeting so that the Planning Board
can review this plan.
Thomson:
Motion to approve the Repetitive Petition to the Zoning Board of Appeal,
seconded by Flannery. All members in favor. Motion carries.
Approval of Minutes
Flannery: Motion to approve the February 12, 2002 meeting minutes of the Beverly
Planning Board as written, seconded by Thomas. All members in favor.
Motion carries.
New or Other Business
391 Elliott Street
Hurlburt states that a preliminary subdivision plan for 391 Elliott Street was submitted to
the Planning Board last fall/early winter. The board had requested a letter that that private
way was a “legal existence”. The board has received a letter from Attorney William
Bowler indicating “The Cleveland Street extension is a validly created private way
currently in legal existence”.
Discussion/Decision: City Council Order #29 Proposed Zoning Amendment Section
29-23-D.1 & Section 29-23-D-2.c (1, 2, 3 Cailin Road) Cailin LLC and Cabot
Beverly LLC
Dinkin states the Planning Board met with the City Council and heard a proposed zoning
amendment. A member of the public in attendance at the hearing thought that the notice
was defective. Dinkin asks that a note be sent to the City Solicitor to review the notice
for defects.
Thomas:
Motion to separate the motions, seconded by Grimes. All members in
favor. Motion carries.
Discussion/Decision: Zoning Amendment Section 29-23-D.1 (Adding the words “or
IR District after the words Residential District”).
Planning Board Minutes
March 19, 2002
Page 8
Grimes questions how appropriate this type of congregate elderly housing would be on
this particular lot with its proximity to the airport.
Thomas states he has always believed the Master Plan is a dynamic plan and an ongoing
search for what we want to do in our community. To put this off a few months to make
that decision, when we have the opportunity to tackle this issue, might do a disservice to
the community.
Dinkin states he is not certain he would like to introduce additional opportunities for non-
industrial/non-commercial uses. He states it is his intent to vote in the negative on this
issue and recommend to the City Council that this proposed amendment not be adopted at
this time.
Thomson states that the Master Plan Committee has agonized over what the City’s
priorities are in a thoughtful and comprehensive fashion, as opposed to “piece meal”
fashion. He would not want to put the cart before the horse and intends to vote against
the proposed amendment. Thomson would not want to give up industrial land until the
entire process is reviewed.
Thomson:
Motion to recommend to City Council that the Zoning Amendment Zoning
Amendment Section 29-23-D.1 not be pursued, seconded by Flannery. All
members in favor. Motion carries.
Thomson:
Motion to recommend to City Council that the Zoning Amendment Zoning
Amendment Section 29-23-D-2.c. not be pursued, seconded by Flannery.
All members in favor. Motion carries.
Adjournment
Flannery:
Motion to adjourn, seconded by Thomson, all members in favor, no one
opposed. Motion carries.
The meeting is adjourned at 10:25 p.m.