2008-02-19
CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD OR COMMISSION:
SUBCOMMITTEE:
DATE:
LOCATION:
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
RECORDER:
Planning Board, Regular Meeting
February 19, 2008
City Council Chambers, Beverly City Hall, 3rd
Floor
Chairperson Richard Dinkin, John Thomson,
Joanne Dunn, Ellen Flannery, Charles Harris,
Ellen Hutchinson, David Mack, Stephanie
Williams
Leo Panunzio
Planning Director Tina Cassidy
Andrea Bray
Chairperson Dinkin calls the meeting to order.
Flannery: Motion to recess for public hearing, seconded by Thomson. Passes 8-0-1.
The Chair abstains
1. Continued Public Hearin2 - Site Plan Review Application #92-07 - demolish free
standin2 structure at 309 Cabot and construct addition to existin2 structure at 311
Cabot Street - 309 and 311-317 Cabot Street - Jaspal S. Gill. Trustee. God Bless
America Realtv Trust
Cassidy reads the legal public hearing notice.
Attorney Matthew Kavanagh distributes color plans to the members and describes the
new design for the site. He explains that the applicant's store will be enlarged and the site
will be improved, as an old structure on the site is demolished. The improvements he
describes include expansion of the sidewalks, additional parking spaces, and enhanced
landscaping. He states that there will be 32 parking spaces, and that the original count of
33 spaces was reduced by 1 to accommodate an additional landscaping bed.
Kavanagh describes the improvements to the building design, stating that, along the right
side of the front, Architect Greg Hepner has inserted panels of recessed brick, which
mimic the windows on the other side.
Kavanagh states that there are no current water problems but a water drainage system will
be installed with the new construction. He explains that the roof will drain into a catch
basin on Charnock Street. He states that, if the neighbors wish, a six-foot vinyl fence will
be placed on the neighbors' property along the length of the rear property line.
Planning Board
February 19,2008
Page 2 of 10
Kavanagh explains that two lights in the parking area will be removed because they shine
into the neighbors' properties. He adds that these lights will be replaced by three down
lights. He states that the florescent lights along the building will be replaced by down
lights. He says the total number of HV AC units will be reduced and there will be sound
barriers surrounding all of the units.
Cassidy reads the following letters:
Dated December 26, 2007 from Conservation Agent Amy Maxner
Dated December 27,2007 from the Fire Department, Wayne Francis
Date December 27,2007 from the Police Department
Dated January 1 0, 2008 from the Engineering Department
Dated January 14, 2008 from Disabilities Coordinator Arthur Daignault
Dated January 8,2008 from Bill Burke, Director of Public Health
Dated January 11, 2008 from the Parking and Traffic Commission, Chair Tina Cassidy
Dated February 1, 2008 from Kate Newhall, Associate Planner, on behalf of the DRB
Dinkin asks the public for clarifying questions, comments in support, and comments in
opposition. There are no questions or comments.
Dinkin asks the board members if they have any questions.
Thomson asks about the proposed use of the property.
Kavanagh states that it will be a convenience store, which is being expanded to sell
alcoholic beverages.
Thomson expresses concern about the long wall with no windows along the right side of
the front facade.
Architect Greg Hepner describes the brick wall, stating that they continued the colonnade
and cornice along the brick front. He adds that the brick panels will be indented about 1
inch with a different color brick in the same color family. He says that there will be
shadows cast, which will make the wall more interesting.
Thomson asks about the Beverly Paint building.
Kavanagh states that it will be closing and the applicant intends to find a new tenant for
that building.
Thomson expresses concern about approving a site plan where the total use of the site is
unknown.
Regarding the next public meeting, Dinkin asks Attorney Carmen Frattaroli how much
time his item will need.
Planning Board
February 19,2008
Page 3 of 10
Frattaroli states that it will take 10-15 minutes for his presentation.
Dinkin recesses the public hearing until 9:00 P.M.
Dinkin reconvenes the public hearing.
Thomson asks about the parking division between the paint store and the convenience
store.
Kavanagh states that they are increasing the parking by 7 spaces, with a total of 32
spaces. He adds that they haven't triggered the need to have additional parking because
there are three fewer users of the property.
Cassidy clarifies the parking requirement stating that it is based on square footage, not
the number of units. She adds that they need to return to the ZBA for the one-space
reduction, which resulted from the additional landscaped bed.
Thomson asks about basement space.
Kavanagh states that the convenience store has no basement and the paint store has a
small crawl space for utilities.
Thomson asks about landscaping.
Kavanagh states that trees and some shrubs will be installed on the landscaping strips,
taking care that the plantings do not block the view of the property from the street.
Thomson asks about the curbing.
Griffin states that it will be granite and on the outside of the sidewalk.
Thomson asks about the hours of operation.
Kavanagh states that the One-Stop Market will be open 24/7, with the liquor portion of
the store being closed when liquor sales are prohibited. He adds that they are happy to
limit the hours of delivery to between 9:00 AM. and 6:00 P.M.
Renee Mary of274 Hale Street asks if the neighbors will be looking at the concrete wall.
Kavanagh confirms that a fence will screen the concrete wall.
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February 19,2008
Page 4 of 10
Dinkin closes the public hearing.
2. Public Meetin2 - Open Space Residential Desi2n #01-08 - Initial Review
Appication - Beaver Pond Road - Gwenn Evitts
Williams recuses herself from this issue.
Cassidy reads that legal public hearing notice.
Attorney Carmen Frattaroli states that this is an ANR and OSRD application for a lot on
Beaver Pond Road. He explains that each lot has the minimum of 125 feet of frontage
and the conforming minimum lot size. He adds that they anticipate no construction of
road, sewers, water pipes, or sidewalks.
Frattaroli states that 27 months ago this would have been a straightforward ANR as
OSRD did not exist. He shows various plans of the property. He states that he is looking
for a waiver of the open space requirement. He explains that the ordinance dictates that
the remaining land be divided in half, after taking off the land placed in conservation and
the wetland. For half of the remaining land, he states that OSRD requires this to be
placed in conservation. If that happens, Frattaroli states that they will be left with 4 half-
acre lots, which is inconsistent with a neighborhood having an average lot size of 4.5
acres. He asks for a waiver to hire a licensed landscape architect stating that he isn't sure
what the licensed landscape architect would add to the process.
Frattaroli presents conceptual plan #1 and conceptual plan #2 stating that the main
difference is location of one of the leaching fields. He clarifies that plan # 1 is the
preferred plan.
Frattaroli states that the other waiver requested is the requirement to file an ANRAD.
Frattaroli reviews the comments and suggestions submitted by Assistant Planning
Director Leah Zambernardi.
Marily McCrory of 2 Lovett Court, a member of the Open Space and Recreation
Committee, explains her objection to three issues: (1) the waiver of open space
requirement - there is research showing that proximity to open space has a monetary
value. She sites local examples of successful OSRD developments, including
Partridgeberry Place, and Caldwall Farm; (2) Frattaroli's contention that half-acre lots are
inconsistent with the other parcels - this ordinance would discourage sprawl; and (3) the
request to waive the requirement to hire a registered landscape architect, she believes a
landscape architect can take into account many things that other disciplines do not. The
landscape architect has a knowledge of plant communities, and of what should and
should not be preserved, and a sensitivity to views. In summary she speaks against
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February 19,2008
Page 5 of 10
granting the waivers. She states that the ordinance is working as it IS intended, to
encourage applicants to think creatively about the use of the land.
Cassidy reads the following letters:
Dated February 19, 2008 from the Beverly Conservation Agent, Amy Maxner
Dated February 14, 2008 from William T. Burke, Director of Public Health
Dinkin states that Frattaroli raised question about whether the board has the authority to
waive certain requirements but didn't offer thoughts as to why the board has the power to
waive these specific requirements.
Thomson asks if the property now consists of one lot.
Frattaroli states that they are in fact 4 lots, one of which has been sold off with the house.
Thomson states that 33% of the land is under a conservation restriction but is still owned
by the applicant so the lot will still be 6 acres and a portion of that total will be subj ect to
open space restrictions. He clarifies that half of the remaining area would go into open
space and unbuildable but the remaining 1Iz is buildable on the original lot size.
Dinkin clarifies stating that the dedicated open space can be handled in one of three ways
(1) to deed it to the city (2) to deed it into a trust (3) to remain under ownership of the
property owners.
Much discussion ensues about the interpretation of the open space requirement.
Thomson states that the lot size will be reduced but will be legal and comply with zoning,
and the building area will be the same.
Dinkin recesses this hearing until 9:35 P.M.
Dinkin reconvenes the public meeting.
Attorney Frattaroli states that two of the rules may need examining. He reads ordinance
section VII. 1 and ordinance part VIII.l.c. He expresses confusion with these items.
Thomson describes this ordinance and its intentions. He states that this process should
elicit information about the site, in particular the parts of the site that should be protected.
He states that the general concept is that the applicant, with the help of the landscape
architect, establishes the values of the site, then the design of the buildings and
improvements are determined, and finally the open space is put into a protection plan.
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February 19,2008
Page 6 of 10
Thomson states that in this case, when the dust settles, there will be 4 houses on lots that
are half-acre or smaller, which will be perfectly legal (not non-conforming). He states
that this will take approximately 2-3 meetings, and they need to make a site visit. He
encourages Frattaroli to meet with the neighbors.
Dinkin clarifies that the ordinance specifies that the Planning Board has the power to
issue a waiver in a narrow set of circumstances.
Frattaroli asks about section VII. 1 saying that the private way at Beaver Pond Road
makes this issue inapplicable.
Thomson suggests for the purposes of this application that because this is defined as legal
frontage on a street, in this case a private way, that the board ignore this position for
purposes of an ANR plan.
Thomson: Motion to conclude that provIsIon VII. 1 will not apply in this ANR
situation, seconded by Flannery. Passes 6-0-2. Williams recuses herself. The Chair
abstains.
Thomson clarifies part VIILl.c. that the ordinance allows for flexibility for the placement
of the open space provided the space is contiguous.
Dinkin clarifies that the Board has determined that section VII. 1 is not applicable in this
application.
Frattaroli contends that section VII. 1 was placed into this ordinance because the intention
of the ordinance was to be used only for large parcels on developed roads, not on a
private way as is this case.
Thomson states that he would like to approach this with the goal of preserving 50% of the
remaining space after the wetland and conservation space has been deleted. He adds that,
in this context, this is the least applicable parcel for the OSRD. He says that they need to
get a landscape architect involved right away.
Frattaroli asks the board to look at concept plan #1 as a basis for future direction.
Thomson states that the lot lines are the least important factor in the process, and the
most important factor is the location of the structures. He says that, currently, the board
has no data on the site to determine if the house locations are fitting. He adds that he
doesn't see any material difference between plans #1 and #2.
Harris suggests that the members be willing to reconsider the prior vote after the site has
been evaluated.
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February 19,2008
Page 7 of 10
Thomson: Motion that the members agree to be open to reconsidering the prior vote,
seconded by Flannery. 6-0-2. Williams recuses herself. The Chair abstains.
Pam Kampersal of 241 Dodge Street, a member of the Open Space and Recreation
Committee and member of the Water Board, speaks against granting the requested
waivers. She suggests giving land as open space to the association on that street. She
states that the Director of Engineering, Frank Killilea would like to see the location of the
wells and septic systems on these properties and the abutting properties. She asks that
this land be studied at high water levels. She states that a study needs to be done to
determine the impact of four additional wells on the aquifer. She expresses concern for
the water supply depletion.
David McKay at 24 Beaver Pond Road asks for clarification about what exists on the
ground now and what has already been approved by the Planning Board.
Frattaroli states that the subdivided her 11 + acres into 4 ANR lots, and the house lot was
sold and the other 3 lots are being reviewed tonight. He adds that these other 3 lots are
taxable as buildable lots, and the plan tonight is to reconfigure the remaining 6 acre tract
into a 4-lot parcel.
Karen Drislane of 5 Beaver Pond Road asks for clarification about Frattaroli's statement
about why this might not have been necessary.
Dinkin clarifies that it is necessary because it is over 2 acres.
Mary Roderick of 14 Peabody Avenue asks if the applicant owns the property that was
deeded into CR.
Frattaroli states that the use, not the land, was deeded away.
Roderick states that she agrees with all that Pam Kampersal has said.
Dawn Marie Haight of 3 5 Beaver Pond Road asks who hires the landscape architect.
Frattaroli states that the applicant will hire the landscape architect.
Harris: Motion to lay this matter on the table until the next meeting, seconded by
Hutchinson. Passes 6-0-2. Williams recuses herself. The Chair abstains.
3. Discussion/Decision: Site Plan Review Application #92-07 - 309 and 311-317
Cabot Street - Jaspal S. Gill. Trustee. God Bless America Realtv Trust
Thomson asks why the plans were not stamped.
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February 19,2008
Page 8 of 10
Kavanagh states that they will be stamped.
Thomson asks Cassidy how concerned they should be about the lack of information about
the use of the Beverly Paint building.
Cassidy states that they cannot change the use of that space if the new use creates
additional parking needs than the approved use.
Thomson states that he has no objection to this project but he is concerned about the
appearance of the right half of the building. He suggests putting tree planters in front of
the panels.
Kavanagh states that concrete planters will be placed on that wall.
Harris asks if they would break up the brick with clapboard or cedar shingle.
Kavanagh states that the DRB discussed this but they were reluctant to use a different
material.
Much discussion ensues about the brick wall.
Thomson asks if the board could approve this application but see some additional
suggestions for the treatment of the right side of this building.
Thomson: Motion to approve the site plan with the following conditions:
1. There will be no loading zone off the street, and they waive the requirement for a
dedicated loading area within the parking lot
2. The board acknowledges that the parking spaces have been reduced by 1, because
of the additional planting bed.
3. The applicant will install a vinyl fence, at least 6 feet in height, along the entire
back boundary, so long as the neighbors approve.
4. Granite curbing will boarder the sidewalks.
5. Loading will be accomplished within the parking lot on site.
6. The new AC units will be shielded for noise.
7. The hours of delivery and dumpster visits will be limited to 9:00 AM. to 6:00
P.M.
8. The planning board retains jurisdiction of the fa<;ade and the applicant will present
alternatives to the brick wall on the right side of the building.
9. The design will incorporate all of the comments from the official letters on the
application.
Dunn seconds the motion. Passes 7-0-1. The Chair abstains.
Planning Board
February 19,2008
Page 9 of 10
4. Continued Discussion/Decision: Special Permit Application #115-07 - Sam
Fonzo Drive/Trask Street - C. Ronald Vitale
and
5. Set Public Hearin2 - Site Plan Review Aplication 93-08 - Sam Fonzo Drive/Trask
Street - C. Ronald Vitale
Dinkin states that this issue is being extended until March and Williams is not available
on the third Tuesday in March so he wishes to reschedule this item for another date in
March. The members agree to meet on March 24.
Williams: Motion to set the regular March meeting for Monday, March 24, and the
public hearing for that date at 7:30 PM, seconded by Flannery. Passes 7-1. Mack votes
in opposition.
6. Parkin2 Recommendation to Buildin2 Commissioner for Endicott Colle2e
Dick Wylie, President of Endicott College, states that they have requested clarification on
the number of spaces needed for a new residence hall. It will have 3 new beds because
most of the students will be moved there from other campus locations.
Cassidy states that there isn't a minimum for dormitories so the building inspector will
set the requirement based on the Board's recommendation.
Wiley states that there are no new students coming into it, and currently there are 743
cars on campus with a total of almost 1900 students. He clarifies that this is a
replacement residence hall because they are taking down a building. Of the total roughly
1100 parking spaces, Wiley states that 750 are for student use. He clarifies that 400
seniors are off campus during the day, while serving internships. He says that they will
be adding 23 more spaces near this facility.
Williams clarifies that in this case the Board must determine if the 23 additional spaces
will be sufficient.
Dinkin states that because there is no on street parking anywhere in the vicinity of the
campus, this issue will have no neighborhood impact. He states that he is satisfied that
the 23 additional spaces are adequate.
Williams: Motion to recommend to the building inspector that the 23 spaces
proposed will be sufficient, seconded by Harris. Passes 8-0.
Planning Board
February 19,2008
Page 10 of 10
Thomson: Motion to recommend to the building inspector that no additional spaces
be required for the public safety building, seconded by Flannery. Passes 8-0.
7. Election of Officers for 2008 - Chairperson and Vice-Chairperson
Dinkin passes the gavel to the Vice-Chair.
Vice-Chair Thomson asks for nominations for Chair.
Flannery nominates Dinkin as Chair, seconded by Williams.
There being no further nominations, Thomson closes the nominations.
All members vote in favor. Passes 7-0-1. Dinkin Abstains.
Dinkin passes the gavel to Flannery. Flannery asks for nominations for Vice-Chair.
Dinkin nominates John Thomson as Vice-Chair, seconded by Mack.
There being no further nominations, Flannery closes the nominations.
All members vote in favor. Passes 7-0-1. Thomson abstains.
8. Approval of Minutes: Re2ular Meetin2 of January 15. 2008
Mack: Motion to approve the minutes from the January 15, 2008 meeting,
seconded by Flannery. Passes 6-0-2. Thomson did not vote because he was not present.
The Chair abstains.
New or Other Business
. Dinkin welcomes the new Planning Board members Ellen Hutchinson and Leo
Panunzio.
. Dinkin confirms that all members have received copies of the Open Meeting Law
Guidelines from the MA Attorney General's Office.
10. Reminder: Joint Public Hearin2 with City Council: Mondav. March 3. 2008 at
7:15 P.M. for site plan review amendments and 7:25 P.M. for Open Space
Residential Desi2n (OSRD) Site Plan Ordinance amendments. City Hall. Council
chamber. and special meetin2 immediately after. Conference Room "B"
Mack:
Motion to adjourn, seconded by Dunn. Passes 8-0.
The meeting is adjourned at 11:20 P.M.