2005-12-20
City of Beverly, Massachusetts
Public Meeting Minutes
BOARD: Planning Board
TOPIC: Regular Meeting
DATE: December 20, 2005
PLACE: Council Chambers, Beverly City Hall
BOARD MEMBERS PRESENT: Chairperson, Richard Dinkin, Vice Chairman, John
Thomson; Ellen Flannery; Eve Geller-Duffy; Jason
Silva; Charlie Harris
BOARD MEMBERS ABSENT: Joanne Dunn; Donald Walter
OTHERS PRESENT: Leah Zambernardi, Assistant Planning Director
RECORDER: Leah Zambernardi
The regular meeting of the Beverly Planning Board is called to order.
Flannery: Moves to recess for scheduled public hearing. Seconded by Silva. All
members are in favor. Motion carries unanimously.
Public Hearing: Site Plan Review #85-05 – 107R Brimbal Avenue - Three-Ce Realty
Trust (owner) and Redgate Realty/Jeffrey Lawler (applicant)
Zambernardi reads the public hearing notice.
Thomas Alexander speaks on behalf of applicant Jeffrey Lawler. He presents an overview
of Mr. Lawler's plan to build a 2nd 50' x 100' steel storage building at 107R Brimbal
Avenue. He states that the building will be used for storage and contractor shops.
Engineer Robert Griffin discusses the site plan and provides an overview of parking, traffic
circulation, drainage and utilities.
Zambernardi reads the following comment letters from City departments into the record:
??
dated November 23, 2005 from the Fire Department
??
dated December 13, 2005 from the Board of Health
??
dated December 19, 2005 from the Conservation Commission
??
dated December 19, 2005 from the Police Department
??
dated December 6, 2005 from the Parking and Traffic Commission
??
dated December 20, 2005 from the Engineering Department
??
dated December 8, 2005 from the Design Review Board
Planning Board Minutes
December 20, 2005
Page 2
Dinkin asks members for their questions and comments.
Harris asks if the existing building is sprinklered. Alexander responds that it is.
Geller-Duffy asks who the direct abutters are. Alexander responds that Windsor Courts,
Ralph Cerundolo and Maestranzi are direct abutters.
Flannery asks if the new building will be similar in design to the old building. Alexander
states that it will be.
Thomson asks what other sites are accessed from Otis Road. Alexander states that
Maestranzi's property is accessed. Thomson asks if it is privately owned. Alexander
states that parts are owned by the City of Beverly and parts are owned by Maestranzi.
Dinkin asks for questions and comments from members of the public. There are none.
The public hearing is closed and the regular meeting of the Planning Board is called to
order.
Discussion/Decision: Site Plan Review #85-05 – 107R Brimbal Avenue - Three-Ce
Realty Trust (owner) and Redgate Realty/Jeffrey Lawler (applicant)
Thomson asks about the possibility of paving Otis Road, as was suggested by the Police
Department and the Parking and Traffic Commission. Alexander states this road has
adequately served as access for the dumpsite for many years. He states this project is a
small project with a limited budget. He states that paving Otis Road would be very
expensive for the applicant. He notes that the existing building is sprinklered and that the
new one will be too. He states the existing surface is gravel.
Dinkin asks what a condominium sells for in this development. Lawler responds
approximately $200,000.
Thomson asks about Engineering Director Frank Killilea's letter requesting that the plan
not be approved until acceptable as-built plans relating to the first storage building are
submitted and approved by his office. Griffin states that they just found about this request
a few minutes prior to the meeting. He states that had they known about this concern,
they would have made arrangements to get plans to the Engineering Department prior to
this meeting. Thomson asks why this is the case. Zambernardi states that the first
building was not subject to any review or approval by the Planning Board. She suspects
the as-builts were required by Engineering as part of the building permit process for the
first building although she is not sure about this. She is not sure where the break down in
communication occurred between Engineering and the applicant but notes that the
Planning Board Minutes
December 20, 2005
Page 3
Engineering Director is just coming back from an extended leave. She suggests that a
solution may be to approve the plan with the condition that no permits be issued by the
Building Inspector until acceptable as-built plans are reviewed and approved by the
Engineering Department.
Thomson asks how long it will take to get as-builts completed. Griffin states 2 weeks.
Thomson: Moves to approve the site plan subject to the comments contained in the
department head and commission letters except that the Board does not require
Otis Road to be paved. Also, no building or foundation permit shall be issued
until as-built plans are submitted and approved by the Engineering Department.
Seconded by Geller-Duffy. All members are in favor. Motion carries
unanimously.
Set Public Hearing - Foster Lane Definitive Subdivision Plan – 30 Foster Street -
Robert Hubbard
and
Set Public Hearing - Cluster Definitive Subdivision Plan for Foster Lane – 30 Foster
Street - Robert Hubbard
Thomson: Moves to set concurrent public hearings for February 22, 2005 at 7:30 p.m.
Silva: Moves to recess for a scheduled public hearing. Seconded by Harris. All members
are in favor. Motion carries unanimously.
Public Hearing: Amendments to the Board's Rules and Regulations Governing the
Subdivision of Land
Zambernardi reads the legal notice.
Zambernardi provides an overview of the proposed amendments. She states that the
proposal involves 5 amendments, which have been reviewed and commented upon by the
City Solicitor including:
1. Amending the references to fees for ANR's, Preliminary Plans and Definitive
Subdivision plans. She states that currently the document cites the Board's old fees in
several different places. She notes that the Board adopted a new document related to fees
last year (Planning Board's Rules and Regulations Governing Fees and Fee Structures)
where fees are specifically dealt with. She states this proposal is to eliminate all dollar
amounts in the subdivision rules and to replace them with a reference to the Fee Rules.
This will centralize the fees into one document so that they can more easily be amended
from time to time.
Planning Board Minutes
December 20, 2005
Page 4
2. Requiring applicant to submit a copy of registered or recorded plans that were
approved by the Planning Board. She states this practice will provide information to the
Board whether or not a plan has been filed with the Registry.
3. New requirements for electronic data submittals for ANR's and Definitive Subdivision
Plans. She states that the Engineering Department has requested this new requirement so
they can incorporate information from new subdivisions such as lot lines and utilities into
the City's GIS system.
4. Amend paper filing requirements to require 11" x 17" copies of the plans upon
application. She states that these plans are used to put in the staff reports for members'
use.
5. Changing datum reference used to establish elevations on plans. She states
Engineering requested this change so that there is one uniform reference requirement.
Members discuss the changes and ask Zambernardi questions.
Dinkin asks for questions and comments from the public. There are none.
The public hearing is closed.
The regular meeting of the Planning Board is called to order.
Discussion/Decision: Amendments to the Board's Rules and Regulations Governing
the Subdivision of Land
Thomson: Moves to approve the amendments to the Board's Rules and Regulations
Governing the Subdivision of Land. Seconded by Flannery. All members are
in favor. Motion carries.
Cleveland Road Extension #2 (approved September 21, 2005) - Alfonso and Mary
Vitolo - Acceptance of Performance Bond (Form G Covenant), Developer's
Disclosure Agreement Form and Lot Owner's Agreement and Acknowledgement
Form and Planning Board Signatures for Recordation of Plans.
Zambernardi states that the Vitolo's have submitted a Form G Covenant as surety to
guarantee completion of the Cleveland Road Definitive Subdivision Plan #2, which was
approved by the Board in September 2005. She states they have proposed a construction
completion date of October 3, 2007. She states they have also submitted a Developer's
Disclosure Agreement Form and a Sample Lot Owner's Agreement and Acknowledgement
Planning Board Minutes
December 20, 2005
Page 5
Form, which will be recorded along with the covenant. She states that final Mylar plans
have been submitted for the Board's signature.
Thomson: Moves to accept the submitted documents with a construction completion date
of October 3, 2007. Seconded by Geller-Duffy. All members are in favor.
Motion carries.
Hannah Court Preliminary Minor Subdivision Plan – 14 & 16 Bayview Avenue -
Katherine W. Bacon (owner)/ Robert Hubbard (applicant)
Zambernardi states that the Hubbards have submitted a preliminary plan to create a cul de
sac road, which serves 5 lots off Bayview Avenue. She states that they have signed a
waiver of the time requirements for the Board to take action on the plan so that the Board
can review the plan at the January 24, 2006 meeting.
Flannery: Motion to accept the waiver of time and to continue the meeting on this
application to the January 24, 2006 meeting.
Subdivision Approval Not Required Plans (SANR’s)
a. Steven W. Seydler and Bonnie S. Seydler and Ian Cohen and Jennifer A.
Dowd - 3 Woodland Avenue
Zambernardi states that this plan involves splitting a 5477 s.f. parcel into Parcel 4A (2622
s.f.) and Parcel 4B (2855 s.f.). Parcel 4A will be conveyed to land of Seydler and Parcel
4B will be conveyed to land of Cohen and Dowd. She states that no new building lots are
being created.
She states that the plan meets the requirements for endorsement as an ANR and
recommends it be endorsed as such.
b. Windover Development LLC - 675 R Hale Street
Zambernardi states that has submitted a plan to convey a small portion of one lot on Paine
Avenue to another lot. Thomson notes that the plan needs a note on the small portion to
be conveyed stating that it is "not a buildable lot", the owner's name, and the area of the
parcel added to the plan.
Thomson: Moves to authorize Chairman Dinkin to endorse the plan on behalf of the
Planning Board should these additional notes be added to the plan. Seconded by Flannery.
All members are in favor. Motion carries.
Planning Board Minutes
December 20, 2005
Page 6
Harris: Moves to recess for a scheduled public hearing. Seconded by Silva. All members
are in favor. Motion carries.
Public Hearing: Site Plan Review #86-05 - Beverly National Bank - 63 Dodge Street
- Beverly Plaza LLC c/o S.R. Weiner & Associates (owner) and Beverly National
Bank/ Paul Germano (applicant)
Zambernardi reads the legal notice.
Mark Glovsky speaks on behalf of Paul Germano of Beverly National Bank and Al Rocco
of S.R. Weiner and Associates. He provides an overview of Beverly National Bank's
plans to renovate and expand their existing building at the North Beverly Shopping Plaza.
He states the proposal is to expand the existing building from 2,734 s.f. to 3,558 s.f.,
resulting in an 824 s.f. increase. He states that the building elevations have been
redesigned and the drive thru will be moved from the north side of the building to the west
side of the building which faces Dodge Street. He states that landscaping will be
reconfigured and will increase from 1,759 s.f. to 1,810 s.f. The existing sewer connection
will be upgraded.
Richard Doherty of Hancock Engineering states that two new catch basins will be added
to the southern portion of the building site and will be connected to a new drain manhole
placed above the existing 12-inch line. One new catch basin will be added to the northern
portion of the building. The applicants have indicated that drainage leaving the site will be
improved due to the decrease in impervious area and the improved drainage lines. Parking
will also be increased and reconfigured to accommodate the new traffic flow for the drive-
thru. He also provides an overview of the parking.
Glovsky states there was a question as to whether the drive through structure met the
setback requirements for the CG zone. He states he discussed this with the Building
Inspector who determined that Section 29-5.F.3.c. of the Zoning Ordinance applies which
allows for averaging of setbacks of abutting structures. He states that the plans have been
revised to meet the requests of the Design Review Board and the Parking and Traffic
Commission.
Zambernardi reads the following letters from City departments heads and commissions
into the record:
??
dated December 6, 2005 from the Parking and Traffic Commission
??
dated December 20, 2005 from the Engineering Department
??
dated December 9, 2005 from the Design Review Board
??
dated December 8, 2005 from the Board of Health
??
dated December 19, 2005 from the Conservation Commission
Planning Board Minutes
December 20, 2005
Page 7
??
dated December 20, 2005 from the Fire Department
??
dated December 19, 2005 from the Police Department
Dinkin asks about existing handicapped access and whether they comply now with the
Americans with Disabilities Act. Doherty states they basically comply now. HE states
that the ramp may be a little steeper than is allowed.
Flannery notes that there is parking on the left side of the building and she asks how
customers will get into the building if the entrance is located on the other side. Doherty
states that they have added parking spaces to the right side so that all of the required
parking is provided on that side.
Thomson asks about lighting and observes that the turn motorists must take into the
parking lot for the bank has been and will continue to be very tight. Doherty describes
lighting and states that the turn is a pre-existing condition.
Thomson asks about the potential for landscaping along the curb, which abuts Dodge
Street. Doherty explains that part of the parcel is beyond the bank's lease area. He notes
that they also need the full 18' clearance between the canopy of the drive through and the
curb to accommodate the fire department's comments.
Glovsky adds that subsequent to the Parking and Traffic Commission's letter of December
6, 2005 the Fire Department agreed that they would be happy with having 18 feet of width
and that the 12 feet clearance under the drive through is not necessary. He states this is
indicated in the Fire Department's December 20, 2005 letter.
Dinkin asks if there are any questions or comments from the public. There are none.
Thomson asks about banking during construction. Germano states that Martins
Construction did a thorough phasing plan to allow the bank to be open during the entire
process. He states the length of construction should be 6 to 8 months depending on the
weather.
Dinkin closes the public hearing.
The regular meeting of the Planning Board is called to order.
Discussion/Decision: Site Plan Review #86-05 - Beverly National Bank - 63 Dodge
Street - Beverly Plaza LLC c/o S.R. Weiner & Associates (owner) and Beverly
National Bank/ Paul Germano (applicant)
Thomson: Moves to approve the site plan for Beverly National Bank with the
Planning Board Minutes
December 20, 2005
Page 8
conditions that the applicant complies with the written recommendations from the Board
of Health. The revised plans referenced above address the comments from the
Engineering Department, the Fire Department, the Conservation Commission the Police
Department, the Parking and Traffic Commission and the Design Review Board. Silva
seconds the motion. All members are in favor. Motion carries.
Woodland Road Preliminary Subdivision Plan - Domenic Shelzi
Thomas Alexander speaks on behalf of Domenic Shelzi. He also introduces Phil Pattison
and Ken Knowles of Meridian Engineering. Alexander gives an overview of the parcel
and the proposed development. He states that Joseph Shelzi submitted a 10-lot and an 8-
lot subdivision plan for this site in 1996 and 1997. The 10-lot subdivision included a thru-
street from Colon Street to Woodland Road. An approximately 180-foot cul de sac was
proposed off of this street, which would provide frontage for 10 lots. The 8-lot
subdivision plan included building out Woodland Road from Colon Street and its
extension into the Shelzi's lot. The road culminated in a cul de sac on Shelzi's lot, which
provided frontage for 8 lots. In 1997, the Board denied both plans. He states that this
preliminary subdivision plan is for 5 lots.
Pattison states that this plan involves extending Woodland Road by approximately 300
feet. An approximately 200-foot long cul de sac would be extended off the Woodland
Road dead end to serve 5 new lots. The total dead end length would total approximately
1300 feet. This plan also sites a stormwater management facility above the lots fronting
Colon Street. Requested waivers include: 1. showing trees 6-inches or more in caliper on
the plans; 2. corner radius; 3. right-of-way and pavement width; 4. length of a dead end
street; and 5. roadway grade.
Alexander states that the applicant is willing to give some level of open space or access to
Lookout Park. He states the total area of the parcel is 2.97 acres and the zoning is R10.
He states the proposed lots are oversized. He acknowledges that it is not an easy site. He
states they are interested in getting feedback from the Board on the proper development of
the property.
Zambernardi reads the following letters from the City department heads and Commissions:
??
dated December 13, 2005 from the Board of Health
??
dated September 20, 2005 from the Conservation Commission
??
dated December 19, 2005 from the Police Department
??
dated November 23, 2005 from the Fire Department
??
dated December 20, 2005 from the Engineering Department
Pattison states that the grade change from the beginning to the end of the road is 40 feet.
He states that no wetlands were observed but no wetlands scientist has been out there yet.
Planning Board Minutes
December 20, 2005
Page 9
Knowles states that they tried to limit the amount of fill and the height of the retaining wall
and that is why they proposed an 8 percent grade. They could engineer a 6 percent grade
although that would cause more disturbance.
Knowles states that the drainage flows from north to south. He states they reserved an
area for a drainage basin although they have not yet determined whether it would be
surface or sub-surface.
He states they are also asking for a waiver of the roundings at the cul de sac entrance. He
states the right of way rounding does not conform although in pavement there is more
given.
Zambernardi asks for more detail on the type of strormwater management. Knowles
states there will be subsurface drywells to catch roof runoff. He states they have not
determined on a surface or sub-surface pond. He states there is a 90' to 50' drop in grade
so they need an emergency overflow that ties down to the City's system.
Thomson asks if they have legal access to the existing roadway.
Thomson states that the original proposal generated many concerns such as the effect of
drainage on other houses abutting the property. He states he is puzzled over how an
underground detention facility can be provided within solid rock. Knowles states they do
not have information on the depth of ledge yet and that it may still be possible.
Thomson states that he might be in favor of permitting one house on the lot to make the
land developable with all the caveats for drainage being retained on the site. He states he
would not support extending Woodland Road. He states that if the property were to be
developed, it would have to be to the minimum extent. He is not in favor of granting the
waivers requested for 5 lots. If an acceptable subdivision were proposed he would be in
favor of the sidewalk waiver since there are none now on Woodland Road.
Flannery states she concurs with Thomson and that she would not be in favor of granting a
waiver of the dead end requirements to further extend Woodland Road.
Alexander asks if the Board agrees that one house would be more appropriate. Board
members concur.
Thomson: Moves to take a "No Vote" action on the plan. Seconded by Flannery. All
members are in favor. Motion carries.
Approval of Minutes
Planning Board Minutes
December 20, 2005
Page 10
Zambernardi states that the September and October minutes are not yet ready.
Flannery: Moves to approve the minutes of the May 17, 2005, July 21, 2005, August 29,
2005, and November 15, 2005 meetings. Seconded by Harris. All members
are in favor. Motion carries.
New or Other Business, if any
a. Set Special Meeting Date
Zambernardi states that the Board just received yesterday a SANR plan for 675R Hale
Street. The Board only has 21 days to endorse the plan, which will come before its next
meeting on January 24, 2006. Members set a special meeting date for December 29, 2005
at 7:00 p.m.
b. Dinkin states that this is Zambernardi's last meeting for several months. Members
present a gift and wish Zambernardi well for her maternity leave.
Adjournment
Silva: Moves to adjourn. Seconded by Geller-Duffy. All members are in favor. Motion
carries.