2007-12-18
CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD OR COMMISSION:
SUBCOMMITTEE:
DATE:
LOCATION:
Planning Board, Regular Meeting
MEMBERS PRESENT:
Tuesday, December 18, 2007
City Council Chambers, Beverly City Hall,
3rd Floor
Chairperson Richard Dinkin, John Thomson,
Ellen Flannery, Charles Harris, David Mack,
Stephanie Williams, Don Walter
Joanne Dunn
Assistant Planning Director Leah
Zambernardi
Andrea Bray
MEMBERS ABSENT:
OTHERS PRESENT:
RECORDER:
Chairperson Dinkin calls the meeting to order.
Thomson: Motion to recess for public hearing seconded by Flannery. Passes 7-0.
1. Public Hearin2 - Site Plan Review Application #91-07 - Removal of free standin2
canopv and construction of addition to existin2 structure in CN Zone - 83-85 Brid2e
Street - MTB Enterprises. Inc.
The Chair recuses himself for this issue and steps down.
Zambernardi reads the legal public hearing notice.
Attorney Matthew Kavanagh describes the project and the modifications suggested by the
DRB, which include a concrete sidewalk on Eastern Avenue, replacing damaged
sidewalk along Bridge Street, and adding granite curbing. He states that there will be
three bollards spaced between the four trees to define the property from the sidewalk. He
adds that the underground tanks will be removed. He introduces Bob Griffin of Griffin
Engineering who opts not to make any presentation stating that Kavanagh has provided a
good description of the project.
Kavanagh states that essentially what is being done is using the area previously used for
the sale of gasoline and converting it to additional space to work on the automobiles. He
points out the area, which will be a no-parking zone and states that cars will be valet
parked as they arrive.
Thomson asks if the corner of Eastern Ave and Bridge Street is an entryway and
Kavanagh states that it is. Kavanagh points out the existing and proposed curb cuts.
Planning Board Minutes
December 18,2007
Page 2 of9
Thomson asks about the previous clean-up on the site and Kavanagh states that it was
done years ago in connection with the replacement of the tanks.
Thomson asks if the corner entry could be painted yellow.
Zambernardi asks if there are existing trees.
Kavanagh: No.
Zambernardi asks if sight lines will be compromised by these trees
Bob Griffin of Griffin Engineering states that the traffic commission studied this plan and
approved of it. He adds that the trees will be ornamental pears.
Zambernardi asks how high the windows are.
Kavanagh states that they begin about 2 feet off the ground.
Thomson recesses this public hearing until 8: 10.
Thomson calls the hearing back to order.
Zambernardi reads the following letters:
. Dated December 7,2007 from the DRB, Kate Newhall.
. Dated December 18, 2007 from the Engineering Department, Frank Killelea.
. Dated November 29,2007 from Wayne Francis, Beverly Fire Prevention.
. Dated November 29,2007 from Amy R. Maxner, Environmental Planner.
. From the Police Department, Sergeant Joseph Shares, Traffic and Safety.
. Dated December 3 2007 from the BOH, William T. Burke.
. Dated December 13, 2007 from Parking and Traffic Commission, Tina Cassidy.
Thomson opens to the public.
Joan Murphy of36 Longmeadow Road asks if this will go back to the DRB and Thomson
states that it will not. Joan Murphy expresses concern about the snow removal causing
damage to the sidewalk.
Kavanagh states that the snow removal will be easier because they will have removable
bollards. He adds that there is storage space for the snow in the back of the property and
in heavy snow conditions the snow would be removed from the site.
Planning Board Minutes
December 18,2007
Page 3 of9
Renee Mary of 374 Hale Street asks what bollards are.
Griffin states that they are poles that stick out of the ground to prevent cars from passing.
Mary asks what kind of native species will be in the planting bed.
Griffin states that there will be rhododendron, inkberry, and juniper in the planting bed.
Mary asks about the police department's request to see through the windows.
Kavanagh states that the police requested that there be no tall plantings by the windows
so they can see into the shop.
Williams asks for clarification about the snow storage.
Griffin points to storage space along the fence in the back and the area next to the
handicapped space. He adds that they intend to remove snow if it is very heavy.
Thomson closes the public hearing.
Dinkin returns to the meeting.
2. Public Hearin2 - Special Permit Application #115-07 - Construction of li2ht
industrial buildin2 in Watershed Protection Overlay District - Sam Fonzo Drive -
C. Ronald Vitale
Zambernardi reads the legal public hearing notice.
Attorney Marshall Handley speaks about the project stating that it is the tail end of a very
long process. He adds that the applicant has been through many commissions and has
been approved by all of them. He states that they are here seeking a permit for something
that the city has wanted for this site.
Peter Ogren states that this property is not in the watershed of Wenham Lake, but it is in
the watershed of the Bass River. He reviews all of the comments and approvals of the
various city departments.
Zambernardi states that the Planning Department spoke with Tom Knowlton and he saw
no issues with the drainage system.
Ogren states that this will be a multi-tenant site and he does not know the specific use but
it will be light industrial space, possibly an electrical contractor, and possibly storage
space.
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December 18,2007
Page 4 of9
Thomson asks what steps are planned with this site to protect the watershed.
Ogren states that they have a complete storm water management system.
Dinkin recesses the public hearing until 8:30.
Dinkin reopens the hearing.
Thomson asks why this is in front of the board if this is not a watershed.
Zambernardi states that it is an overlay district, which includes the airport and moves east
and was drawn out some time ago. She adds that engineers have deemed that the actual
Wenham Lake watershed does not include this area. She reads from the zoning
ordinance section 29.31.c, which states the purpose of the watershed protection overlay
district is to protect the water supply, not specific to Wenham Lake.
Handley states that the overlay district is a political situation and not a scientific one. He
adds that this area does not drain to Wenham Lake but to the Bass River.
Ogren states that a preliminary design of the building has been prepared.
Williams expresses concern about the uncertainty about the proposed use other than light
industrial uses.
Ogren states that a variance would be needed to have any use outside of the light
industrial uses, which are listed in the ordinance.
Handley states that the watershed overlay uses are delineated in the zoning ordinance.
Harris asks if this has been approved by the conservation commission.
Ogren states that it was approved.
Harris states that this is not the issue of the Planning Board if it has already been
approved by the conservation commission.
Mack asks if the special permit could be revoked if the property is used for anything
other than a specified use. He expresses concern about not being specific when listing
acceptable uses in the special permit.
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December 18,2007
Page 5 of9
Thomson agrees with Mack and states that they are putting the cart before the horse. He
states that the Board can protect themselves by imposing conditions on the special permit.
He suggests continuing with the hearing and listening to what others have to say before
making a decision.
Dinkin clarifies that granting this special permit will allow them to have any use, which is
granted, in the watershed district.
Handley points out the watershed overlay district restrictions listed III the ZOnIng
ordinance.
Dinkin asks Ogren about the specific restrictions on the Dawson's basement on Enon
Street and Ogren provides a brief explanation of the restrictions.
Handley states that this project will be a slab on grade and that Dawson's is absolutely in
the watershed, unlike this site.
Dinkin states that since the members are not scientists they need to be sensitive to the
political entity. He adds that he is trying to get them out of here tonight with a special
permit which has the protections which the public will feel are adequate.
Dinkin opens to the public.
Eleanore Pavlioich of 50 Trask Street expresses concern about the number of bays on this
site stating that it might have parking for about 50 trucks.
Dinkin states that it appears that storage of semis is not permitted but accepting delivery
from semis will be permitted. He adds that he can resolve the delivery hours by
condition.
Ogren states that the plans call for only three bays, which can accept a tailgate delivery.
Linda Briggs of 54 Trask Street asks about the lights on the site. She states that a 9-5
operation is appropriate for this neighborhood.
Joan Murphy of 36 Longmeadow Road explains that the water, which seeps into the
ground will end up in Wenham Lake. She adds that there are underground areas that the
state deems to be critical to the water supply in the future.
Renee Mary of 274 Hale Street agrees that we need to err on the side of caution.
Mary Roderick of 14 Peabody Avenue states that this ordinance was written in 1987
when the city recognized that there are threats to the water supply. She adds that the
ordinance needs to be revised and made stronger and the Planning Board should consider
Planning Board Minutes
December 18,2007
Page 6 of9
any permits that they will grant in the district. She urges the Board to consider this
special permit.
Thomson asks Roderick if it is her opinion that land in the industrial park should not be
developed at all.
Roderick: Yes.
Ogren states that there is no place where there is any underground stream, which flows in
the direction of Wenham Lake.
Handley states that the point of the special permit is to allow the board to impose special
conditions to protect the watershed overlay district, not to restrict all development. He
adds that the city has zoned this area for light industrial use.
Thomson asks if there are uses allowed in the watershed district, which do not require a
special permit.
Mack states that there are uses such as conservation.
Linda Briggs of 54 Trask Street asks if they have a plan for the hours of operation and the
lighting.
Handley states that they do not have a plan yet.
Mary Roderick of 14 Peabody Avenue states that the overly district allows a lot of things
by right such as single-family homes, not multi family.
Handley says that the RFP provides that a site plan review will be necessary.
Dinkin closes the hearing.
The Chair reconvenes the regular meeting.
3. Discussion/Decision: Site Plan Review Application #91-07 - 83-85 Brid2e Street-
MTB Enterprises. Inc.
Dinkin recuses himself and steps down.
Vice-Chair Thomson asks the members for their thoughts.
Walter states that they should approve the plan as presented this evenIng with the
conditions suggested in the letters.
Planning Board Minutes
December 18,2007
Page 7 of9
Williams suggests that they should paint the corner entry with a pedestrian crosswalk as
suggested by Thomson.
Thomson adds that they should add that there be no piling of snow on the sidewalks and
that the bollards remain in place except for snow removal.
Walter: Motion to accept this proposal to include the conditions which were
outlined in the letters, parking spaces 4 and 5 will not be filled in, the pedestrian areas
will be painted, the tanks will be removed, no snow will be piled on the sidewalks, and
the bollards will remain in place except for snow removal, also the Board does not concur
with the DRB's recommendation other than with the suggestion about security lighting,
seconded by Williams. Passes 6-0. The Chair recuses himself and does not participate in
the vote.
4. Discussion/Decision: Special Permit Application #115-07 - Sam Fonzo Drive - C.
Ronald Vitale
Handley clarifies the applicability of the site plan review stating that he may have mis-
spoken and this will not be subject to site plan review.
Zambernardi states that special permitted projects require site plan review.
Handley suggests continuing this and including the site plan review with this.
Dinkin states that they can do this if they can get the plan completed by the January
meeting.
Thomson asks if these plans are just conceptual.
Handley states that there are elevation drawings.
Thomson suggests approving of the special permit with the conditions that no
construction begin until there is a site plan review.
Harris asks if the board will be comfortable approving the special permit pnor to
knowing the uses.
Dinkin states that they can impose conditions on the special permit and asks if they can
impose conditions on the ensuing site plan.
There is much discussion among the board as to the proper procedure to take with this
application.
Thomson asks if they wish to withdraw the proposal or be denied.
Planning Board Minutes
December 18,2007
Page 8 of9
Handley states that he has no choice and they have to withdraw.
Mack asks if the board can take no action and allow the applicant to come back with a
potential use next month.
Handley agrees to discuss this with his client and return next month.
Mack: Motion to table this issue until the January meeting, seconded by Harris.
All members and the Chair vote in favor. The motion passes 7-0.
5. Set Public Hearin2 - Modification to Site Plan Review Application #89-07 - 369-
399 Rantoul Street - Wind over Properties. LLC
Thomson: Motion to schedule this meeting for January 15,2008 at 7:30, seconded by
Flannery. Passes 7-0.
6. Federal Hei2hts Site Plan #66-01 and Modification of Special Permit Application
#112-05 (approved Mav 2007) - Review of aesthetics (Architecture and
Landscapin2 )
Attorney Tom Alexander provides a history for this project stating that Atlas Mortgage
Company foreclosed on the builder who had many non-compliance issues with this
property. He adds that Altas submitted a plan alteration, which was approved in May
2007. He says that the parking lot and sidewalk cannot be finished until the spring.
Alexander adds that the building inspector is scheduled to inspect for purposes of an
occupancy permit and there are some buyers who would like to close on units in this
building as soon as possible.
The members review the plans. They have no additional changes to suggest.
Dinkin confirms that the board does not need to take any action on this, and that the
applicant has fulfilled the requirements of the special permit/ site plan condition.
7. Approval of Minutes: Special Meetin2 of November 19. and Re2ular Meetin2 of
November 20.2007
Walter: Motion to approve the minutes from the November 20, 2007 meeting,
seconded by Flannery. Passes 7-0.
Flannery: Motion to approve the minutes fro the November 19, 2007 meeting,
seconded by Harris. Passes 5-0. Mack and Williams abstain because they were not
present.
Planning Board Minutes
December 18,2007
Page 9 of9
New/Other Business
a. 2007 Open Space and Recreation Plan Update - Letter for Si2nature
Zambernardi states that she has a letter of endorsement of the plan for the Board's
signature.
Thomson:
O.
Motion to sign the letter of endorsement, seconded by Flannery. Passes 7-
b. Cummin2s Center access driveway - McKay Street
Zambernardi states that the Planning Board's approval of a driveway access of McKay
Street in to the parking garage at the west side of the Cummings Center included a
condition that the Board shall retain the jurisdiction to review the impact of the access
drive one year after a hotel is built to the south of the garage, but no later than December
2007. Zambernardi states that a hotel has not been built, however she would like
guidance from the Board as to what they prefer to do at this point, now that it is
December 2007. Members of the Board vote to send a letter to the owner stating that
even though the December 2007 deadline has passed, they still retain jurisdiction to
review the access drive as stated in the 5-24-05 approval letter.
Mack and Harris leave the meeting.
c. ReQuest to set public hearin2: 309 Cabot Street - One Stop Market - Jaspal Gill.
Trustee
Zambernardi states that a site plan application has been submitted with a request to set a
public hearing date.
Thomson: Motion to schedule a public hearing for January 15, 2008 at 8:30,
seconded by Flannery. Passes 5-0.
d. Holiday dinner
Zambernardi states that the December 20, 2007 date is problematic to have the holiday
dinner. Members agree to reschedule for January, possibly January 17, 2008.
Zambernardi states she will work on setting a final date.
Walter:
Motion to adjourn, seconded by Williams. Passes 5-0.
The meeting is adjourned at 10:30 PM.