2007-06-04
CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD OR COMMISSION:
SUBCOMMITTEE:
DATE:
LOCATION:
MEMBERS PRESENT:
Planning Board, Special Meeting
MEMBERS ABSENT:
OTHERS PRESENT:
June 4,2007
Sohier Room, Beverly Public Library
Chairperson Richard Dinkin, Eve Geller-
Duffy, Ellen Flannery, Charles Harris, John
Thomson, David Mack, Stephanie Williams,
Don Walter
Joanne Dunn
Assistant Planning Director Leah
Zambernardi
Andrea Bray
RECORDER:
Chairperson Dinkin calls the meeting to order.
Thomson: Motion to recess for public hearing, seconded by Flannery. All members
vote in favor. The Chair votes in favor. The motion passes 8-0.
1. Continued Concurrent Public Hearim!:s: Foster Lane Cluster & Definitive
Subdivision Plans - 30 Foster Street - Hub Realtv TrustIRobert J. Hubbard.
Trustee
Thomson: Motion to waive the reading of the public hearing notice, seconded by
Flannery. All members and the Chair vote in favor. The motion passes 8-0.
Attorney Marshall Handley represents the applicant and introduces Bob Griffin of Griffin
Engineering, who also represents the applicant.
Griffin describes some minor changes that were made to the drainage plan as a result of
the review from CDM. He says that on the definitive plan they extended the drainage
calculations into an area to the east of the development and better defined a swale and a
berm which keep the water outside of the detention pond. On the cluster plan, Griffin
states that they provided better definition to the swale and berm with divert flow away
from the detention system. He adds that on both plans they provided calculations
showing that the detention system would not pop out of the ground in a high water
situation.
Griffin states that he met with Amy Maxner regarding the accuracy of the delineation of
the wetlands and this issue has been clarified. He adds that Maxner has written a letter
regarding her new opinion on the location of the wetlands.
Planning Board Minutes
June 4, 2007
Page 2 of9
Zambernardi states that after reviewing the drainage system, City Engineer Frank Killilea
has confirmed that Griffin has addressed all of CDM' s comments. Zambernardi adds that
Griffin Engineering has complied with Killilea's request to better define the swale and
berm on each of the plans.
Zambernardi asks Handley if he has any response to the City Solicitor Gelineau's opinion
about the legality of subdividing the pork chop lot.
Handly agrees with the City Solicitor's opinion that it is the option of the Board to allow
subdivision of this lot.
Zambernardi asks about an intersection site distance evaluation and if it has been
completed.
Griffin states that they never made a formal submittal about an intersection site distance,
but he describes the study and the results. He adds that the site is below the thresholds
for the site distance requirement. Griffin says that the stop sign is not necessary but they
are putting it there anyway as an additional safety measure. Griffin states that they might
opt to add a 3-way stop sign at this intersection as a precaution.
Thomson states that he sees this development as a large rock pile with a canyon cut into
the middle. He expresses concern about a driver's visibility from this site. He asks how
the sight lines are measured.
Griffin explains the method for the study and explains that the test assumes that the driver
will be 14/ back from the intersection.
Thomson asks about the location of the steep rock.
Griffin locates the embankment on the plan stating that it is 20 feet back from Foster
Street.
Thomson states that he wants to see this staked out on a site visit.
Debra Bright of 224 Common Lane asks about whether this study was done before or
after the re-grading of the road.
Griffin states that there is no difference.
Chester Walsh of29 Foster Street states that he would like to attend the site visit. He
asks Griffin about the large rock on the neighbor's property.
Griffin states that the developer will not alter any of the neighbors' properties.
Planning Board Minutes
June 4, 2007
Page 3 of9
Walsh expresses concern about the volume of traffic and states that this traffic study does
not consider any increase of volume.
Griffin states that the increase will be insignificant with only 3 or 4 additional houses
added to this area.
Walsh expresses concerns about the safety of those attending the site visit and offers to
pay for the police detail during that time.
Renee Mary of274 Hale Street questions the traffic hazards in that area during extreme
weather.
Griffin states that the road is designed with a crown which will direct water to the sides
and into catch basins.
Renee Mary asks if the drainage will not go to Centerville Creek.
Griffin states that it will not because it drains in a northerly direction into a detention
pond and then into the neighboring wetlands. He describes the drainage on Foster Street.
Renee Mary asks about the traffic on the weekend to the compost facility.
Griffin states that the addition of3 or 4 homes off of Foster Street will have insignificant
effects on the traffic.
Debra Bright of 224 Common Lane expresses concern about the visibility of the traffic
coming out of that new street.
Dan Spencer of 14 Foster Street expresses concern about the traffic on Foster Street.
Alvin Mitchell of 27 Chapman Street, who has run Camp Mitchman expresses concern
about the traffic in that area.
Joe Boccia of36 Foster Street, director of Camp Mitchman, expresses concern about the
sight lines on that street. He shows pictures of the intersection and describes the problem
with the line of sight.
Dinkin asks Griffin the about dimensions of the blast area.
Griffin shows the plan and describes the topography.
Dinkin asks the width of the blast area.
Griffin states that the rock goes back about 150 feet from the road.
Planning Board Minutes
June 4, 2007
Page 4 of9
Dinkin expresses concern that this new development will sit in a canyon.
Joe Boccia of36 Foster Street, director of Camp Mitchman, states that he does not
dispute the results of traffic study when standing at the edge of the road, but standing
back 5 feet from the street he finds that visibility is impaired.
Elizabeth Macomber of21 Foster Street states that she has a blind driveway and there is
signage on Foster Street for this. She expresses concern about traffic hazards on that
street.
Dinkin asks for additional comments in opposition to the project.
Joe Boccia asks about the legality of this property being subdivided. He sites the 1985
special permit which restricts any subdivision on this site.
Dinkin states that to vacate an existing condition would require a separate vote, so this
application would require two votes, (1) to vacate the 1985 special permit condition and
(2) to approve or deny the subdivision.
Boccia, director of Camp Mitchman, reminds the Board about all of his concerns which
include:
. The compost site odor would be a problem for the new residents in this
development.
. The topography of this location is inappropriate for any development.
. A new development would adversely affects Camp Paradise and Camp Mitchman
(his business).
. The traffic conditions on Foster Street are hazardous.
. It would exacerbate the current flooding situation on Foster Street.
. There would be a loss of wildlife habitat in that area.
Renee Mary of274 Hale Street asks about Griffin's proposal to add a 3-way stop sign at
the corner of Foster Street and Foster Lane. She reminds the Board that there is already a
stop sign at the corner of Foster Street and Cole Street and asks if another stop sign
would be allowed or if it is too close to the existing one. She adds as a point of
information that the State Highway Commission would determine the speed limit on this
road.
Chester Walsh of 29 Foster Street asks if there is 10% grade at one point on the road.
Griffin states that the cluster plan has a 10% maximum slope and the definitive plan has a
6% maximum slope.
Planning Board Minutes
June 4, 2007
Page 5 of9
Joyce Hersey of 16 School Street, Essex, co-director of Camp Mitchman, asks about
snow removal on the new street.
Griffin states that the cluster plan calls for the entire infrastructure to be private, and the
definitive plan has public infrastructure except for the drainage system which is private.
Thomson asks where the trash would go for pick up.
Griffin states that it would go out to Foster Street or there would be a private collection
for these residents.
Debra Bright of224 Common Lane asks where the plowed snow will go.
Griffin states that the new street would have wider pavement than Foster Street or any
neighboring streets so the snow could be plowed into an opening on the new street.
Joe Boccia of36 Foster Street, director of Camp Mitchman, asks about the structure at
the bottom of the road.
Griffin describes the underground retention system which has a plastic liner with the
pipes with crushed stones between the pipes and then some fill and then some gravel.
Boccia asks what keeps those pipes from freezing.
Griffin states that it drains completely after each storm so it will be empty and will not
freeze.
Boccia states last winter some pipes did freeze and a backhoe was used to clear that area.
Dan Spencer of 14 Foster Street asks what happens if those pipes are full.
Griffin states that it is above the water table and it will not fill up.
Zambernardi reads the following letters:
. Dated May 7,2007 from Environmental Planner Amy Maxner in which she states
that the cluster plan is the better of the two plans.
. Dated March 27,2007 from the Police Department, Chris Negroti, Traffic
Sergeant in which a stop sign installation is recommended.
. Dated Feb 14,2007, from Wayne Frances, Deputy Chief of Fire Prevention in
which he does not approve of the cluster plan.
. Dated Feb 14,2007, from Wayne Frances, Deputy Chief of the Fire Prevention in
which he approves of the definitive plan.
Planning Board Minutes
June 4, 2007
Page 6 of9
. Dated March 29,2007, from William Burke, director of Public Health.
. Dated April 5, 2007, from David Gardner of9 Foster Drive in which he requests
that the name for the new street be anything but Foster Lane.
Dinkin states that it is unfair to ask Ms. Geller-Duffey to drive 3.5 hours for a site visit.
Geller-Duffy states that she would like this to be over at this meeting.
Walter asks Thomson if a site visit would influence his decision about the
appropriateness of this subdivision. He says that the Board should first determine
whether to vacate the condition set in the 1985 special permit. He points out the there
needs to be evidence that this development would benefit the City or the area in order for
the Board to vacate this condition. He requests that the Board vote on this issue this
evemng.
The members discuss the process for this application.
Chester Walsh of 29 Foster Street stresses the importance of a site visit and urges the
Board to make a site visit.
Dinkin puts the hearing in recess until 9:40 p.m.
Dinkin calls the public hearing back to order.
Alvan Mitchell of 29 Chapman Street states that an existing law can only be changed by a
special permit.
Joe Boccia of36 Foster Street presents signed applications for the special permit and the
letter that granted the special permit in 1985.
Dinkin closes the public hearing.
2. Discussion/Decision: Foster Lane Cluster & Definitive Subdivision Plans - 30
Foster Street - Hub Realtv Trust. Robert Hubbard. Trustee
The members discuss the option to vacate the 1985 special permit condition which
prohibits subdivision of this site.
Walter expresses opposition to vacating this condition, stating that the applicant must
prove that this development will benefit the City or the area, and such proof is not
apparent.
Planning Board Minutes
June 4, 2007
Page 7 of9
Thomson states that the City Solicitor's opinion is ambiguous. He suggests two votes,
first if the conforming subdivision mutes the condition, and second if the previous
condition should be vacated. He suggests deferring the decision until he has more
information from the City Solicitor. He speaks in favor of a site visit.
Attorney Handley states that the site visit is evidentiary and that all voting members
should attend it. He adds that it would be a problem to close the public hearing prior to
the site visit.
Dinkin returns to the public hearing.
Dinkin calls the special meeting back to order.
Dinkin says that if this vacancy vote is a special permit vote, it would require a super
majority which is not available on this Board. He clarifies that the voting members for
this issue are Walter, Geller-Duffy, Thomson, Flannery, and himself, and with only 5
voting, a super-majority would be impossible. He states that the absence of a super
majority would constitute an approval for the application. He expresses confusion on the
legality of the special permit vote.
Much discussion ensues about this process and members express dissatisfaction with the
City Solicitor's letter.
Walters: Motion to seek additional guidance from the City Solicitor as to whether
the condition of the original subdivision road obviates the special permit condition
entirely, and whether the Board needs to act on a special permit, seconded by Flannery.
All voting members and the Chair vote in favor. The motion passes 5-0.
Dinkin suggests asking Gelineau to address the point of the evidential nature of the site
visit. He states that he would like to know Gelineau's decision before making a site visit.
He asks Geller-Duffy when she can make another meeting.
Flannery suggests holding a vote immediately after the site visit.
The members agree to hold a vote immediately after the site visit.
Thomson: Motion to hold a site visit on Saturday, June 23, 2007, at 11 :00 a.m.,
seconded by Flannery. All voting members and the Chair vote in favor. The motion
passes 5-0.
Thomson asks Griffin if he can have the site staked before the site visit.
Planning Board Minutes
June 4, 2007
Page 8 of9
Griffin agrees to make the necessary preparations.
Having concluded all discussion on this application, Geller-Duffy steps out.
3. Discussion/Recommendation: Citv council Order #103 - Inclusion of Affordable
Housim!:
Dinkin says that this Ordinance should have allowed for a small density bonus in the CC
district.
Zambernardi reads the parking requirements for parking in the CC district which require
one space for a one bedroom unit, and two spaces for any units with more than one
bedroom.
Walter states that the density bonuses should not be given for units placed off-site.
Dinkin states that their goal is to get more units. He adds that the other issue is the 5-unit
threshold.
Members agree that the threshold should be set at 10 instead of 5 for all units.
Walter states that he would like to see Beverly residents receive priority for these
affordable units.
Thomson disagrees with this suggestion and states that it would be seen as unfair.
Dinkin suggests adding CC to H.l.a and the members agree.
Thomson suggests changing the language ofB.3 to "any development that is not
applicable may elect to participate" and the members agree.
Zambernardi points out another last minute correction by Tina Cassidy (add RIO and R15
to G.2.b).
Mack: Motion to recommend City Council passage of this Ordinance with the
above noted changes, seconded by Flannery. All members and the Chair vote in favor.
The motion passes 7-0.
4. Citv Council Order #104: Zone MaD Chan2e ReQuest. 480-486 Rantoul Street
Zambernardi reminds the members of the joint public hearing with the City Council
which is scheduled for June 18,2007, regarding Order #104 (Zone Map Change Request
480-486 Rantoul Street). She adds that there will be a special meeting held immediately
after the joint public hearing.
Planning Board Minutes
June 4, 2007
Page 9 of9
Walter: Motion to adjourn, seconded by Mack. All members and the Chair vote in
favor. The motion passes 7-0.
The meeting is adjourned at 11 :00 p.m.