2007-11-20
CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD OR COMMISSION:
SUBCOMMITTEE:
DATE:
LOCATION:
Planning Board, Regular Meeting
MEMBERS PRESENT:
November 20,2007
City Council Chambers, Beverly City Hall,
3rd Floor
Chairperson Richard Dinkin, John Thomson,
Joanne Dunn, Ellen Flannery, Charles
Harris, David Mack, Don Walter
Stephanie Williams
Assistant Planning Director Leah
Zambernardi
Andrea Bray
MEMBERS ABSENT:
OTHERS PRESENT:
RECORDER:
Chairperson Dinkin calls the meeting to order.
1. Open Space Committee - Presentation of Draft Open Space Plan
Elizabeth Dunne, Vice-Chair of the Open Space and Recreation Committee, explains that
the committee has been working on the plan for about 2 years, and that the plan must be
updated every 5 years in order to qualify for funding. She shows the names of the
members and states that there are 4 vacancies on the committee and they are looking for
new members.
Dunne states that about 10% of the land (400 acres) in Beverly is protected open space,
managed by Essex County Green Belt or under conservation restriction with the
Conservation Commission. She describes the open space parcels and some land that the
committee would like to see the city acquire. She talks about the other goals of the
committee.
Dunne invites the Board to make comments or questions.
Assistant Planning Director, Leah Zamernardi, introduces Amy Maxner, Environmental
Planner, and Kate Newhall, Associate Planner.
Thomson mentions the Community Preservation Act, and asks if the Open Space
Committee will attempt to pass this act.
Dunne states that they would like to see this act passed but it might be a bad time to bring
this up.
Planning Board Minutes
November 20,2007
Page 2 of 4
Maxner states that the campaign for this act would require a broad base of partners and
encompasses more than just this committee's efforts. She adds the last campaign might
have failed because they were going for the full percentage and it is possible to grade the
percentage.
Maxner states that they need the Planning Board to submit a letter of support for the
Open Space Plan to the state. She adds that if she received no comments on the draft she
would assume the Board approves of the plan. She offers to draft a letter of endorsement
for the Board Chair's signature.
Dinkin asks Maxner to go ahead with this and Maxner agrees.
2. 675 Hale Street - Subdivision Approval Not Reauired (SANR) - Dr. Robert
Seamans & Caleb Lorin2
Attorney Mark Glovsky states that they went before the board 2 years ago and withdrew
the application because of a negative response to the plan by the Board. They now have
an indication that the plan would be endorsed based upon court proceedings that occurred
on a nearby parcel. However, they are now subject to OSRD where they were not
previously. He adds that the Planning Department has agreed that this property should
not be subject to OSRD, which was enacted to restrict development and protect open
space. The Planning Department agreed to amend the OSRD to exclude properties of this
type, but the applicant is still waiting for the amendment. Glovsky says that rather than
continue to wait, Dr. Seamans applied to the ZBA for a variance, which was granted
subject to having no further future division of this property.
Glovsky describes the ANR application, stating that there will be only one new lot for a
total of two lots on the 16 acres.
Thomson clarifies the ZBA' s restriction stating that it will go on for 20-year increments
but will lack the perpetuity unless an organization like Essex County Greenbelt or
Trustees of the Reservation will take it over.
Glovsky states that the ZBA decision's appeal period expires on November 26 so if the
ANR passes tonight, he suggests that the board not sign the approval until November 27.
Zambernardi states the application meets all of the technical requirements.
Dinkin states that he is troubled by the implication of the variance based on whether the
OSRD creates dimensional regulation but not use regulation. He opines that if OSRD
creates use restriction then the ZBA has no authority to grant a variance. He suggests
that the board wait at least until the expiration of the appeal period before coming to a
decision on the ANR. He says that he would be more comfortable if this were withdrawn
and then resubmitted. He adds he thinks the City should file an appeal of the variance.
Planning Board Minutes
November 20,2007
Page 3 of 4
Glovsky states that the ZBA has studied the proposed location of the new dwelling and
found no problem. He adds that the OSRD is designed primarily for cluster
developments and for the protection of open space and this division does not apply to
this. He adds that the reason for them to go to the ZBA was because they were waiting
for 1.5 years and there was no progress on an amendment to the OSRD. Glovsky says
that the applicant is interested in placing a conservation restriction on a portion of the
property to ensure that there is no future subdivision.
Thomson agrees with Glovsky and states that it is not the Planning Board's position to
determine what is or is not the correct procedure of the ZBA.
Thomson: Motion to endorse this ANR and authorize the Chair to sign the plan once
the appeal period expires and it is confirmed no appeals have been filed, seconded by
Mack. Passes 6-1. The Chair votes in opposition.
3. Same Fonzo Drive - Subdivision Approval Not ReQuired (SANR) - City of
Beverly
Zambernardi describes the application and states that this meets all of the technical
requirements.
Mack:
abstains.
Motion to endorse the ANR, seconded by Harris. Passes 6-0. The Chair
4. Approval of Minutes - October 16. 2007 Meetin2
Harris:
Motion to approve the minutes, seconded by Flannery. Passes 7-0.
5. Future Plannin2 board Meetin2 Dates
Zambernardi states that the regular meeting in December will be on the 18th, and in
January it will be the 15th, and in February there is a conflict with President's Day.
The members discuss the possible dates for a February meeting and agree to meet on the
19th at the Library.
6. Holiday Dinner - Date. Location. Time
The members agree to have the holiday dinner on Thursday, December 13, at 6:30 PM at
Mandrake or the Wild Horse Cafe. Zambernardi agrees to call Mandrake to see if they
can accommodate a large group.
Planning Board Minutes
November 20,2007
Page 4 of 4
7. Penny Lane Subdivisoin (formerly Hale Court) - Extension of Construction
Completion Date - Tom Ford
Zambernardi states that the board received a letter from Tom Ford regarding the Penny
Lane subdivision, which has a construction completion deadline set for December 26, and
he is requesting an extension of the construction completion date.
Zambernardi reads Tom Ford's letter into the record as well as a letter from the
Engineering Department recommending granting this extension.
Thomson:
Motion to grant the extension, seconded by Walter. Passes 7-0.
8. Site Plan Review - MTB Enterprises - 83-85 Brid2e Street -Set Public Hearin2
Date
Zambernardi states that the board needs to set a public hearing date.
Walter: Motion to set a public hearing date for December 18, at 7:30 PM,
seconded by Flannery. Passes 6-0
Flannery:
Motion to adjourn, seconded by Walter. Passes 7-0.
The meeting is adjourned at 8:45 PM.