2003-09-16
City of Beverly, Massachusetts
Public Meeting Minutes
BOARD: Planning Board
SUBCOMMITTEE:
DATE: September 16, 2003
PLACE: Beverly City Hall
BOARD MEMBERS PRESENT: Chairperson Richard Dinkin; John Thomson,
William Betts, Joanne Dunn, Ellen Flannery, Daniel
Hamm, Elizabeth McGlynn, Robert Rink
OTHERS PRESENT: Leah Zambernardi, Asst. Planning Director, Debra
Hurlburt, Planning Director
RECORDER: Jeannine Dion
Chairperson Dinkin calls the meeting to order at 7:30 p.m.
Thomson:
Motion to recess and reconvene for a scheduled public hearing, seconded
by Flannery. All members are in favor. Motion carries.
Public Hearing - Site Plan Review Application #76-03 – Shaw’s Supermarket
relocation to former Ames Building – Construction of a 1,590 sq. ft. loading dock,
compactor pad, landscaping and parking – S.R. Weiner Assoc./Appledore
Engineering
Dinkin states that the public hearing was opened at the July meeting. The applicant is
proposing to construct a loading dock, landscaping and reconfiguration of parking. At the
last meeting, abutters raised concerns about proximity and visibility of the loading docks
and trash compactor to local residents, odors and trash, delivery times and rooftop
mechanical equipment.
Steve Haight from Appledore Engineering appears on behalf of the applicant, Shaw’s
Supermarket. He states that after meeting with the Design Review Board, Parking and
Traffic Commission and the neighbors, the applicant decided to relocate the dock and
compactor to the side of the building. The three bay loading dock will be behind a
screened wall.
Thomson asks if there will be screening for the residents of Beverly Commons, who
expressed concern about the trucks. Mr. Haight responds that the residents of Beverly
Commons did not attend the neighborhood meeting but the applicant tried to address all of
the concerns.
Dinkin asks if members of the public have any questions.
Planning Board Minutes
September 16, 2003
Page 2
David Filtranti, 5 Beverly Commons Drive request that a time limit be determined for
truck deliveries.
Dinkin asks if there are comments in opposition of the project. There are none.
Dinkin asks if there are comments in support of the project. There are none.
Dinkin calls the regular meeting of the Beverly Planning Board to order.
Discussion/Decision - Site Plan Review Application #76-03 – Shaw’s Supermarket
relocation to former Ames Building – Construction of a 1,590 sq. ft. loading dock,
compactor pad, landscaping and parking – S.R. Weiner Assoc./Appledore
Engineering
Zambernardi reads the following letters into record:
·
Letter from the Beverly Health Department dated September 12, 2003.
·
Letter from the Police Department dated September 4, 2003.
·
Letter from the Parking and Traffic Commission dated September 9, 2003.
·
Letter from the Design Review Board dated September 9, 2003.
·
Letter from the Fire Department dated September 10, 2003.
·
Letter from the Engineering Department dated September 15, 2003.
Thomson:
Motion to approve the Site Plan Review Application #76-03 for Shaw’s
Supermarket as presented with the conditions set forth in the letters from
the city departments and limitation of truck delivery time to 6 a.m. through
9 p.m. daily, seconded by Flannery. All members are in favor. Motion
carries.
Subdivision Approval Not Required Plans (SANR’s)
865 Hale Street – Kevin & Susan Barry/903R Hale Street – Alfred & Abigail
Browne
Zambernardi states the plan includes a conveyance of a 325 s.f. parcel from the land of
Barry at 865 Hale Street to land of Brown at 903 R. Hale Street. The plan meets the
Board’s requirements for endorsement as an ANR, and she recommends it be endorsed.
Thomson:
Motion to endorse the plan for 865 Hale Street and 903R Hale Street as
one not requiring approval under the Subdivision Control Law, seconded
by Flannery. All members are in favor. Motion carries.
Planning Board Minutes
September 16, 2003
Page 3
ANR - 97 Bisson Street – Joseph & Virginia Amore and Raymond & Kathleen Allen
Zambernardi states the plan includes a conveyance of a 9,910 s.f. parcel from the land of
Amore at 97 Bisson Street to land of Allen at 17 Orchard Street. The plan meets the
Board’s requirements for endorsement as an ANR, and she recommends it be endorsed.
Betts:
Motion to endorse the plan for 97 Bisson Street as one not requiring
approval under the Subdivision Control Law, seconded by Hamm. All
members are in favor. Motion carries.
ANR - 45 Enon Street – Commodore Plaza – Enon Street LLC
The plan includes a conveyance of a 6,654 s.f. parcel from the land of the Commodore
Plaza at 45 Enon Street to the abutting Stop & Shop property on Enon Street. The plan
meets the Board’s requirements for endorsement as an ANR and she recommends it be
endorsed.
Hamm:
Motion to endorse the plan for 45 Enon Street as one not requiring
approval under the Subdivision Control Law, seconded by Thomson. All
members in favor. Motion carries.
ANR – Wood Lane – Anthony Jack
Zambernardi states the filing for this plan is incomplete. Additional information is
expected and this agenda item will most likely be taken up at the next meeting.
ANR – 299 Dodge Street – Alipio Sabatini
Zambernardi states this plan includes a conveyance of an 85,874 s.f. parcel from land of
Sabatini at 299 Dodge Street to land of Carmen Frattarolli. This conveyance will create a
buildable parcel with frontage on Beaver Pond Road.
Thomson:
Motion to endorse the plan for 299 Dodge Street as one not requiring
approval under the Subdivision Control Law, seconded by Flanney. All
members are in favor. Motion carries.
Public Hearing – Cleveland Road Extension Definitive Subdivision Plan and
Acceptance of Form G Covenant: 391R Elliott Street – William Beard
Zambernardi reads the legal notice.
Planning Board Minutes
September 16, 2003
Page 4
Attorney William Bowler of 6 Bay Road, Hamilton speaks on behalf of the petitioner. He
states that the applicant appeared before the board with a preliminary plan for a minor
subdivision in January of 2001. The work included extending Cleveland Road and
providing a turnaround for emergency vehicles. Deficiencies in the preliminary plan were
identified and addressed by the applicant. On February 20, 2001, the Planning Board took
no action on the preliminary plan and asked that the applicant submit a determination as to
whether they have a legal right to construct the roadway as proposed. Attorney Bowler
stated that he submitted a letter indicating that “Cleveland Road Extension is a validly
created private way currently in legal existence, which was accepted by the Planning
Board at their March, 2002 regular meeting. He explains that they are now presenting a
definitive plan for the property.
Bob Griffin, Griffin Engineering states that Cleveland Road will be extended by 90 feet to
provide access to the existing parcel of land. The applicant is proposing a hammerhead
turnaround and the installation of a fire hydrant.
Zambernardi reads the following letters into record:
·
A letter from the Police Department dated August 26, 2003.
·
A letter from the Fire Department dated September 3, 2003.
·
A letter from the Board of Health dated August 13, 2003.
·
A letter from the Conservation Commission dated September 15, 2003.
·
A letter from the Engineering Department dated September 15, 2003.
Thomson asks about the question of rights of use. Attorney Bowler responds that he
provided a letter, which was accepted by the Planning Board indicating that the applicant
does have right to use the street.
Don Wood, 62 County Way Extension asks how many houses will be built and he
expresses concern about safety during construction. Griffin responds one house is being
proposed and he states that a condition could be imposed that no construction vehicles can
park on County Way Extension.
Griffin provides a list of requested waivers.
·
Width of street – proposing 24 feet.
·
Length of dead-end street – extending by 90 feet.
·
Turnaround for dead-end – proposing a hammerhead turnaround.
·
Proposing to extend the 6 inch water line.
·
Utilities – proposing above-ground utilities.
·
Proposing 3 ½ foot wide sidewalks on the west side of the street.
Planning Board Minutes
September 16, 2003
Page 5
·
Curbs and berms – bituminous on both sides (consistent with the Cleveland
Road build out).
Thomson asked Mr. Griffin to explain the drainage and where runoff from the site will go.
Griffin responded that runoff will go onto Beard’s property.
Rink asks if there is a requirement for sprinklers. Griffin responds that sprinklers will be
installed in the home.
Dinkin puts the public hearing into recess. The regular meeting is called back to order.
Subdivision Approval Not Required Plans (SANR’s)
ANR - Extended Stay America, Bohler Engineering and T. Flatley – Conant Street
and Cherry Hill Drive
Zambernardi states the plan splits an approximately 10-acre lot owned by T. Flatley into
two separate lots. One lot, at the corner of Conant Street and Cherry Hill Drive will be
3.21 acres and will be the location of the proposed Extended Stay America Hotel. The
other lot, with frontage on Conant Street will be 7.09 acres. The plan meets the Board’s
requirements for endorsement as an ANR and she recommends endorsement.
Flannery:
Motion to endorse the plan for Extended Stay America – Conant Street
and Cherry Hill Drive as one not requiring approval under the Subdivision
Control Law, seconded by Hamm. All members in favor. Motion carries
ANR - Euplio and Diane Marciano – 13 Prospect Street
Zambernardi states the Marciano's filed an ANR plan in June 2003 with the board to
divide a lot on Prospect Street. Two houses were situated on this lot that were in
existence prior to Zoning. The Marciano’s requested to divide this lot with an ANR plan
in accordance with Beverly Zoning Ordinance Section 29-5.F-5, which states “…any lot
on which more than one house existed at the time of the adoption of this Ordinance may
be divided with a minimum of non-conformance, and sold to separate owners and used
with a minimum of non-conformance.” The Marciano’s received an endorsement at the
June meeting.
As an afterthought, they decided to add a parking easement on one of the newly created
lots and are coming back to the Board to add the parking easement on the plan before they
record it with the Registry of Deeds.
Planning Board Minutes
September 16, 2003
Page 6
Thomson expresses concern that the lot is a substandard lot and the proposal is to make it
more substandard. He states it is his inclination to deny it based on the area.
Dinkin agrees that the proposal is to increase the degree to which a lot is non-conforming.
Thomson:
Motion to deny endorsement of the ANR on the basis that it does not
comply with area requirements. As the applicant is not present tonight, he
may be given the option to withdraw the plan without prejudice, or the plan
will be denied. The motion is seconded by Flannery. All members are in
favor. Motion carries.
ANR - 5 Jacobs Avenue / Charles & Lorraine Bell – 9 Crescent Avenue
The plan includes a conveyance of a 79 s.f. parcel from the land of Bell at 9 Crescent
Avenue to land of Burke at 5 Jacobs Avenue. Currently a structure labeled “Boat House”
on the plan is located on both of the parcels. The land conveyance would change the lot
line so that the entire boat house structure would be contained on the land of Burke. The
conveyance would make the nonconforming lot less nonconforming.
A letter from Attorney James Timmons is read into record stating that the conveyance
would cure a longstanding encroachment issue.
Thomson:
Motion to endorse the plan for 5 Jacobs Avenue as one not requiring
approval under the Subdivision Control Law, seconded by Flannery. All
members in favor. Motion carries.
Recess and reconvene for Public Hearing.
Site Plan Review Application #75-03 – Extended Stay America Hotel – Conant
Street and Cherry Hill Drive
Zambernardi reads the legal notice.
Steve DeCoursey from Bohler Engineering represents the applicant. He states that the
Extended Stay America Hotel will service the business community and will be
complimentary to the business park and Cummings Park. The Zoning Board has issued
several variances. The Parking & Traffic Commission and Design Review Board have
approved the Site Plan Review.
Dinkin asks if there will be food and beverages served at the site. DeCoursey responds
that there will be no food and beverage served.
Planning Board Minutes
September 16, 2003
Page 7
Thomson asks if there will be screening. DeCoursey responds that the Design Review
Board has worked with him on the landscaping plan.
Zambernardi reads the following letters into record:
·
A letter from the Conservation Commission dated September 15, 2003.
·
A letter from the Board of Health dated September 15, 2003.
·
A letter from the Police Department dated September 4, 2003.
·
A letter from the Fire Department dated September 10, 2003.
·
A letter from the Parking and Traffic Commission dated September 9, 2003.
·
A letter from the Design Review Board dated September 9, 2003.
·
A letter from the Engineering Department dated September 15, 2003.
Hurlburt states she spoke with Frank Killilea from the Engineering Department regarding
his request for additional time to review the drainage study. She explained that he stated
that he would be agreeable with a conditional approval pending his review of the drainage
study.
Dinkin asks if there are clarifying questions from members of the board. There are none.
Dinkin asks if there are clarifying questions form members of the public. There are none.
Dinkin asks if there are comments in opposition of the project. There are none.
Dinkin asks if there are comments in support of the project. There are none.
The public hearing is closed and the regular meeting of the Beverly Planning Board is
called to order.
Discussion/Decision – Cleveland Road Extension Definitive Subdivision Plan and
Acceptance of Form G Covenant: 391R Elliott Street – William Beard
Thomson states that he is concerned with the length of the dead end street. He is also
concerned with overhead utilities, that the lot may be further subdivided, or that the road
may be further extended. He does not want to give up on the dead end street policy. He
states that there is a tradeoff element here. He would support the plan with all the waivers
except for the overhead utilities. Flannery concurs.
Thomson asks if there will be a guardrail of some sort at the end of the turnaround.
Griffin states there is a guardrail shown on the plan.
Planning Board Minutes
September 16, 2003
Page 8
Thomson:
Motion to approve the waivers of the subdivision regulations that are
requested except for the waiver from underground utilities, which is
denied, seconded by Flannery. Motion carries.
Thomson:
Motion to approve the definitive subdivision plan with the comments of the
department heads incorporated as conditions, seconded by Flannery.
Motion carries.
Thomson:
Motion to accept the Form G Covenant, seconded by Flannery. Motion
carries.
Discussion/Decision – Site Plan Review Application #75-03 – Extended Stay America
Hotel
Thomson:
Motion to approve the Site Plan Review Application #75-03 – Extended
Stay America Hotel subject to Engineering Department’s review and
comments from the city departments, seconded by Rink. All members are
in favor. Motion carries.
Chapman Corner Estates Definitive Plan (28 lots) – 2 Boyles Street – David
Carnevale/Manager, Manor Homes @ Whitehall LLC - Set Public Hearing
Flannery:
Motion to set a public hearing for Chapman Corner Estates Definitive Plan
– 2 Boyles Street for October 21, 2003 at 7:30 p.m., seconded by Rink.
All members are in favor. Motion carries.
Beverly Commerce Park, Inc. – Site Plan Review Application #77-03 – Construction
of 3-story office research building (21,000 sq. ft.) attached to existing garage – 950
Cummings Center Drive – Gerard McSweeney – Set Public Hearing
Flannery:
Motion to set a public hearing for Beverly Commerce Park, Inc. – Site Plan
Review Application #77-03 for October 21, 2003 at 9:30 p.m., seconded
by Dunn. All members are in favor. Motion carries.
Public Hearing: Modification #2 to Site Plan Review Application #60-00
Commodore Plaza – Reduce land area by 6,654 sq. ft. and parking by 27 spaces.
Allow for internal traffic circulation between subject property and abutting
commercial property (Stop & Shop) – 45 Enon Street/Enon Street LLC
Attorney Alexander states that in July 2000, Enon Street LLC received site plan approval
to demolish the former Commodore Restaurant and to redevelop the parcel with a
restaurant and two retail buildings with associated parking and landscaping. During the
public hearing, members of the Planning Board suggested that an internal access road be
Planning Board Minutes
September 16, 2003
Page 9
provided between the parking lots of the Commodore property and the abutting Stop &
Shop property. At that time, the property owners were not able to make the connecting
access road and it was not added to the plan.
In March 2002, Enon Street LLC received approval for a modification of the site plan to
reduce one retail building by 11,200 s.f. and to reduce the parking by 103 spaces. They
also eliminated the proposed underground parking.
Enon Street LLC is now coming forward with a second modification to reduce the land
area by 6,654 s.f. and parking by 27 spaces. This will allow room to provide internal
traffic circulation between the Commodore property and the abutting Stop & Shop
property.
Peter Ogren, the engineer for the project also provides an overview of the project.
Zambernardi reads the following letters into record:
·
A letter from the Conservation Commission dated September 16, 2003.
·
A letter from the Board of Health dated September 12, 2003.
·
A letter from the Police Department dated September 12, 2003.
·
A letter from the Fire Department dated September 10, 2003.
·
A letter from the Parking and Traffic Commission dated September 9, 2003.
·
A letter from the Design Review Board dated September 9, 2003.
·
A letter from the Engineering Department dated September 15, 2003.
Zambernardi states that the Engineering Department had requested to review the water
utility layouts prior to approval. She states that the Board may choose to approve the
plan with his comments as a condition.
Bill Welch, 7 Lincoln Street expresses concern about traffic, a buffer between Stop &
Shop and residential properties, snow storage and limiting the time for truck deliveries.
Ogren responds that they spent a lot of time during the site plan review discussing all of
the topics.
Welch states he has water on his property, which he never had before the project. Ogren
responds that he notices the curb was done incorrectly and he will be sure it is corrected.
The hearing is put into recess until 9:38 p.m.
Public Hearing: Site Plan Review Application #73-03: Prescott Farms, Boulder
Lane – Miles Group c/o Attorney Thomas Alexander
Planning Board Minutes
September 16, 2003
Page 10
Attorney Alexander states that the June 3, 2003 joint public hearing of the Planning Board
and the Zoning Board of Appeals (ZBA) was canceled due to the ZBA’s incomplete
deliberations on the variance. The ZBA continued their deliberations on the variance to
their September 24, 2003 meeting.
Attorney Thomas Alexander provides a request for a continuance of the public hearing to
the October 21, 2003 Planning Board meeting.
Thomson:
Motion to continue the public hearing on the above-referenced site plan
to the October meeting, seconded by Flannery. Motion carries.
Public Hearing: Modification #2 to Site Plan Review Application #60-00
Commodore Plaza – Reduce land area by 6,654 sq. ft. and parking by 27 spaces.
Allow for internal traffic circulation between subject property and abutting
commercial property (Stop & Shop) – 45 Enon Street/Enon Street LLC
Chris Serino, 9 Lincoln Street states that his concern about the project was privacy and it
continues to be a concern. He provides picture of his property before, during and after the
construction. The developer was supposed to provide screening, which was provided but
does not meet the spirit of the agreement.
Dinkin recommends that the applicants, Welch and Serino talk about a reasonable
resolution to the problems and places the hearing in recess until later in the evening.
Special Permit Application #107-03: Elmtop Lane – Pork Chop Shaped Lot –
Michael and Robert Hubbard, Trustees, Elmtop Realty Trust
Zambernardi reads the legal notice.
Attorney Thomas Alexander representative for the applicant, states there have been
several meetings with some of the neighbors and the parties have agreed to several
conditions. He provides a list of the conditions to the board.
Dinkin asks why an agreement between private parties should be conditions. Alexander
responds that conditions are typically the result of negotiations between neighbors and an
applicant.
Dinkin asks Bob Griffin, the engineer, to provide an overview of the drainage.
Dinkin places the hearing in recess.
Public Hearing: Modification #2 to Site Plan Review Application #60-00
Commodore Plaza – Reduce land area by 6,654 sq. ft. and parking by 27 spaces.
Planning Board Minutes
September 16, 2003
Page 11
Allow for internal traffic circulation between subject property and abutting
commercial property (Stop & Shop) – 45 Enon Street/Enon Street LLC
Alexander states that the applicant agrees to the following:
·
Install an additional row of six foot tall arborvite, 3 to 4 feet on center (between
the white property line).
·
Plant 1 white pine on the Welch property.
·
There will be no snow storage in the entire green space between the Welch
property and the applicant’s property.
·
The applicant will submit As Builts by December 21, 2003 showing the water feed
lines to the buildings on the site and grading consistent with the original approved
site plan.
The plantings will be done by December 21, 2003.
The hearing is closed.
The regular meeting of the Beverly Planning Board is called to order.
Discussion/Decision: Modification #2 to Site Plan Review Application #60-00
Commodore Plaza – Reduce land area by 6,654 sq. ft. and parking by 27 spaces.
Allow for internal traffic circulation between subject property and abutting
commercial property (Stop & Shop) – 45 Enon Street/Enon Street LLC
Thomson:
Motion to approve Site Plan Review Application #60-00 as presented
including the conditions with the abutters and all comments from the city
departments, seconded by Flannery. All members are in favor. Motion
carries.
Special Permit Application #107-03: Elmtop Lane – Pork Chop Shaped Lot –
Michael and Robert Hubbard, Trustees, Elmtop Realty Trust
Mr. and Mrs. Horzempa, abutters to the project, express their concerns about the drainage
and they would like more time to go over some of the information discussed at this
evening’s meeting.
Dinkin asks if there are comments in support of the project. Attorney McCann responds
that his clients support the project.
The hearing is closed.
The regular meeting of the Beverly Planning Board is called to order.
Planning Board Minutes
September 16, 2003
Page 12
Discussion/Decision: Special Permit Application #107-03: Elmtop Lane – Pork
Chop Shaped Lot – Michael and Robert Hubbard, Trustees, Elmtop Realty Trust
Thomson states that there was a great attempt to resolve the abutters issues. He suggests
that the applicant come back with a list of conditions that should be in the Planning Board
decision.
Thomson recommends that this is not resolved until the Horzempa’s have time to get
information and speak with Frank Killilea in the Engineering Department.
Dinkin recommends that the Horzempa’s schedule an appointment with Frank Killilea.
Dinkin lays this on the table until October 21, 2002.
New/Other Business
Flannery:
Motion to approve the minutes dated April 28, 2003 and May 13, 2003 of
the Joint Public Hearings with the Zoning Board of Appeals as written,
seconded by Thomsom. All members are in favor. Motion carries.
Flannery:
Motion to approve the minutes dated June 17, 2003 and July 15, 2003 of
the Beverly Planning Board as written, seconded by Thomson. All
members are in favor. Motion carries.
Adjournment
Flannery: Motion to adjourn, seconded by Thomson. All members are in favor.
Motion carries.
The meeting is adjourned at 11:00 p.m.