2009-04-21
CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD OR COMMISSION:
SUBCOMMITTEE:
DATE:
LOCATION:
MEMBERS PRESENT:
Planning Board, Regular Meeting
MEMBERS ABSENT:
OTHERS PRESENT:
RECORDER:
April 21, 2009
Beverly Public Library, 32 Essex Street
Chairperson Richard Dinkin, Vice Chairperson
John Thomson, Ellen Flannery, Charles Harris,
Ellen Hutchinson, David Mack
Joanne Dunn, Stephanie Williams
Assistant Planning Director Leah Zambernardi
Leah Zambernardi
Chairperson Dinkin calls the meeting to order at 8:00 p.m.
1. Continued Public Hearin2 - Site Plan Review Application #99-09 and
Inclusionarv Zonin2 Review - Beverlv Retirement Communitv - 145 Conant Street
- Estate of Thomas J. Flatlev and Harvest Development. LLC
Thomson: Motion to waive reading of the public hearing notice, seconded by Flannery.
Passes 5-0-1 with the Chair abstaining.
Miranda Gooding of Glovsky and Glovsky LLC speaks on behalf of the applicant. She
states that there was recently an appeal of the ZBA decision on this project. She states
that the applicant will defend the appeal but in the interim they would like to hold off on
moving forward with their Site Plan Review application. She asks for a continuation of
the public hearing to the June regular meeting of the Board. She states that at that time,
she hopes they will have a better idea of the project status.
Thomson: Motion to continue the public hearing to the Board's regular meeting of
June 16, 2009 at 8:00 p.m. at Beverly City Hall. The motion passes 5-0-1 with the Chair
abstaining.
2. Presentation of the North Shore Transportation Mana2ement Association
(NSTMA) - Andrea Learv. Executive Director
Ms. Andrea Leary of the NSTMA addresses the Board and makes a PowerPoint
presentation introducing her organization to the Board. She explains that the NSTMA is
a new non-profit organization, working to address transportation issues in Beverly,
Danvers, Lynn, Peabody and Salem. The mission of the NSTMA, which began in the
summer of 2008, is to bring together businesses, institutions, developers, organizations
and municipalities to address shared traffic-related issues. The organization aims to
reduce traffic congestion and vehicle emissions while improving access to and within the
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April 21, 2009
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North Shore. She states that the NSTMA is the 11 th TMA in Massachusetts and they are
part of a larger organization called MassCommute, which represents 300 companies and
nearly 300,000 Massachusetts employees. She summarizes the PowerPoint slides, copies
of which can be obtained in the Beverly Planning Department.
Thomson asks how the organization is funded. Leary states that the NSTMA is funded
by a grant from the Boston Metropolitan Planning Council and by its members, which
includes Osram Sylvania and the City of Salem.
Board members further discuss the TMA with Leary. Leary concludes by thanking the
Board for their time.
3. Subdivision Approval Not ReQuired (SANR) Plans
Zambernardi states no SANR plans were submitted.
4. ReQuest for one-year extension of Plannin2 Board OSRD and SANR approvals -
Beaver Pond Road - Evitts
Carmen Frattaroli addresses the Board on behalf of Gwenn Evitts. He states that he was
apprised of the discussion the Board had on his request at the March meeting, which
resulted in the Board's conclusion that recording of the CR's constitutes a substantial use
of the property. He asks for a formal determination from the Board on this.
Mr. Dinkin notes that the Building Commissioner is the official interpreter of the Zoning
Ordinance and there is a possibility that he may not agree with this Board's finding that
recording of a CR on the property would constitute a substantial use. Thomson suggests
making a 2-part vote, first finding that recording of the CR constitutes a substantial use
and second, granting the one-year extension. Hutchinson states that the Board should do
"either, or" but that doing both is contradictory. A discussion ensues amongst the Board
members and Frattaroli.
Thomson sums up the thoughts of the Board, stating that the intent is that it believes that
recording the CR's is a substantial use, but that it also believes it's not the decision
making body on the matter. He states that the Planning Board is making a factual
determination on the substantial use question and that the Board can make an alternate
and independent vote to extend the approval for I-year.
Thomson: Motion to make a factual determination that recording of the two Conservation
Restrictions for Open Space Parcels 1, 2 and 3 constitute a substantial use of the property
pursuant to Section 29-24.B.VI.2.c.; alternatively and independently from this finding, the Board
grants the requested one-year extension of the OSRD Site Plan approval to August 28,2010; and
finally, the Board takes no action on the request for a one-year extension of the SANR because
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April 21, 2009
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there is no known basis for the expiration of this endorsement. Seconded by Mack. Passes 5-0-
1. The Chair does not vote.
5. Continued Public Hearin2 - Site Plan Review Application #100-09 - Black Cow
Restaurant - One Water Street - City of Beverlv and Joseph A. Leone
Thomson: Motion to waive reading of the public hearing notice, seconded by Flannery.
Passes 5-0-1 with the Chair abstaining.
Zambernardi reads a letter from Mayor Scanlon requesting a one-month continuation of
the public hearing for the Black Cow proposal. The letter indicates there are two open
issues that have not yet been resolved: 1. the DRB and P&T recommendations have not
yet been issued; and 2. the City is researching whether an access drive can be installed
connecting the Black Cow parcel to the Harbormaster's parcel. The letter indicates these
issues will most likely be resolved in time for the May meeting and requests an extension
to that time.
Thomson: Motion to continue the public hearing to the Board's regular meeting of
May 19, 2009 at 8:00 p.m. at Beverly City Hall. The motion passes 5-0-1 with the Chair
abstaining.
6. Approval of Minutes - March 2. 2009 and March 17. 2009 Meetin2s
Harris: Motion to approve the minutes, seconded by Hutchinson. Passes 5-0-1.
The Chair abstains.
7. Partial Release of Performance Bond and Acceptance of As-Built Plan - Sar2ent
Avenue Extension Definitive Subdivision Plan - Michael Fiore and D. Jeremv
Campbell
Zambernardi states that the Fiore's and the Campbell's posted a bond totaling $18,500 in
the summer of 2008 to guarantee completion of the subdivision and to allow Campbell to
begin construction on his house. The Fiore's portion of the bond was $7,300 and
guaranteed the completion of the following items: enlarge drywellleaching catch basins
to the full volume as shown on the Plan, enlarge hammerhead pavement as shown on the
Plan and install bituminous curbing as shown on the Plan. She states that Mr. Fiore
recently submitted a request to the Planning Board for a release of this bond. She states
that the Engineering Department has reviewed the work on-site and the As-Built plan.
She reads a letter into the record from the Engineering Department recommending
acceptance of the As-Built and release of the Fiore's portion of the bond.
Thomson asks if the Fiore's satisfactorily completed reconstruction of the neighbor's
stone wall. Zambernardi states that she believes the Fiore's have completed this work.
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April 21, 2009
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Dinkin asks if the amount covers all the items the Fiore's were to complete. Zambernardi
affirms.
Thomson: Motion to accept the As-Built Plan and to release the Fiore's portion of the
performance bond with interest, seconded by Hutchinson. The motion passes 5-0-1 with
the Chair abstaining.
Zambernardi states that the Campbell's have not yet completed their part of the
subdivision therefore their $11,200 will continue to be held in escrow by the City. The
Campbell's will also need to submit an As-Built plan showing their improvements.
Harris: Motion to adjourn, seconded by Flannery. The motion passes 5-0-1 with
the Chair abstaining.
The meeting is adjourned at 9:15 PM.