2011-02-20CITY OF BEVERLY MASSACHUSETTS
REGULAR MEETING MINUTES
BOARD OR COMMISSION:
SUBCOMMITTEE:
DATE:
LOCATION:
PLANNING BOARD
Planning Board
Tuesday, December 20, 2011
Council Chamber, City Hall, third floor
MEMBERS PRESENT: Chairperson Richard Dinkin, Vice Chairperson John
Thomson, Michael O'Brien, Charles Harris, Ellen
Hutchinson, Ellen Flannery, James Matz
MEMBERS ABSENT: David Mack
OTHERS PRESENT: Assistant Planning Director, Leah Zambernardi
RECORDER: Diana Ribreau
Dinkin called the Regular Meeting of Beverly Planning Board to order at 7:30 p.m.
1. Subdivision Approval Not Required Plans (SANR's)
a. 15 and 17 Thoreau Circle — Smuckler and Zarba
Zambernardi stated that the applicants have submitted a plan conveying an approximately 185 s.f
parcel of Smuckler property at 15 Thoreau Circle to property of Zarba at 17 Thoreau Circle. The
frontage on both properties would not be affected. The lot area reduction of 15 Thoreau Circle
would not bring the parcel under the lot area requirements for the R22 zoning district (22,000
s.f.). The plan meets the Board's requirements for SANR's and Planning Staff has recommended
that it be endorsed as such.
Harris made a motion to endorse the SANR plan located at 15 and 17 Thoreau Circle as
submitted. Motion seconded by Matz. Motion carried 6.0.0.
b. 64 and 66 Paine Avenue — John E. Godfrey Trust
Zambernardi stated that Attorney Tom Alexander explained to staff that 64 and 66 Paine Avenue
were two separate lots and are currently owned by the same entity. 64 Paine Avenue has a home
on it and currently has a conforming lot area and frontage. Attorney Alexander explained that a
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Beverly Planning Board
December 20, 2011
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single- family house on a nonconforming lot at 66 Paine Avenue had been demolished. The
proposal involves redrawing the lot lines to create 2 conforming building lots, presumably to
allow the construction of a new house at 66 Paine Avenue.
Attorney Alexander submitted a plan with the application dated 1941 demonstrating that the lots
have frontage on a way that meets one of the City's 3 criteria for adequate frontage specifically
that it is a "way physically in existence when the Subdivision Control Law became effective in
Beverly" (Zoning Ordinance Section 29- 2.B.28). Staff asked that Attorney Alexander provide
more information to the Board demonstrating that the way fully meets this criteria, specifically
that it has "sufficient width, suitable grades, and adequate construction to provide for the needs of
vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and
for the installation of municipal services to serve such land and the buildings erected or to be
erected thereon ".
Harris made a motion to endorse the SANR Plan located at 64 and 66 Paine Avenue as
submitted. Motion seconded by Matz. Motion carried 6.0.0.
c. 6 and 8 Silver Court — Nancy A. Patterson and Christine Patterson Cody and Dennis
and Andrea Tupper
The Applicants have submitted a plan conveying a 1,443 s.f parcel from property owned by
Patterson at 6 Silver Court to property of Tupper at 8 Silver Court. The frontage for both
properties would not be affected. The lot area reduction of 6 Silver Court would not bring the
parcel under the lot area requirements for the R6 Zone. 8 Silver Court has a nonconforming area
of 2,656s.f. where 6,000 s.f is required. The lot area of 8 Silver Court would be increased as a
result of this land transfer. The plan meets the Board's requirement for SANR's and Zambernardi
recommended that it be endorsed as such.
Hutchinson made a motion to endorse the SANR Plan located at 6 and 8 Silver Court as
submitted. Motion seconded by Harris. Motion carried 6.0.0.
2. Cluster Subdivision Plan Chapman's Corner Estates (Settlement Plan) — Expiration
of Letter of Credit (1/15/2011) and request for extension — David Carnevale,
Manager, Manor Homes Development, LLC
Zambernardi reminded the Planning Board that they approved the cluster development plan in
July, 2008 as a Settlement to litigation. The plan involved 5 existing building lots and the creation
of 28 new building lots with frontage on a new, looped roadway, with access off Boyles Street
and Birch Woods Drive in Chapman's Corner. The original construction completion deadline was
July 28, 2010 and the Board later extended that date to July 28, 2011. Last summer, the Board
acknowledged that the project falls under the Permit Extension Act (Ch. 240 of the Acts of 2010)
and is entitled to an automatic 2 year extension of the construction completion deadline, therefore
extending to July 28, 2013. The Board currently holds a Letter of Credit from Boston Private
Bank and Trust Company in the amount of $167, 113.00 to guarantee completion of the
subdivision, which is set to expire on January 15, 2012. A letter of request from Attorney Kim
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Beverly Planning Board
December 20, 2011
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Kramer representing the developer was submitted requesting that the original Letter of Credit
expiry date be extended to January 15, 2013. The bond amount will remain the same.
Zambernardi presented a copy of the correspondence from City Engineer Eric Barber confirming
the dollar amount to be accurate.
Thomson made a motion to accept the letter of credit extension to January 15, 2013 as
submitted. Motion seconded by Harris. Motion carried 6.0.0.
3. Set Public Hearing Date - Site Plan Review Application #105 -11 and Special Permit
Application #129 -11 — Walgreens Pharmacy — 48 Dodge Street — Westward
Orchards Limited Partnership
Zambernardi stated that the Applicant has submitted a site plan review and special permit request
to the Planning Board. The project entails tearing down part of the existing building housing
Coldwell Banker and replacing it with a Walgreens Pharmacy. A special permit is being requested
to allow 102 parking spaces where the Zoning Ordinance calls for 120 parking spaces and to
allow parking spaces within the 10 -foot setback.
Attorney Tom Alexander was present and gave a brief summary.
Thomson asked about signage.
Flannery asked for confirmation that North Shore Bank, Country Curtains, and the entrance to
Symes will remain as they are. Alexander responded yes.
Hutchinson asked Alexander for the anticipated size of the building. Alexander responded that
the building proposed is approximately 13,555 s.f., with a lot size of 1.67 acres.
Flannery made a motion to set the Public Hearing date for Site Plan Review Application
#105 -11 and Special Permit Application #129 -11 for January 17, 2012 at 7:45 p.m. Motion
seconded by O'Brien. Motion carried 6.0.0.
4. Continued Discussion: Proposed Amendments to Open Space Residential Design
(OSRD) Site Plan Ordinance
Zambernardi reminded the Board that at the last meeting, it was determined that lots in the R10
zone should no longer be subject to OSRD and that the threshold for applicability for lots of 5
acres or more in the R15, R22, R45 and R90 zones should be subject to OSRD.
Zambernardi stated that she has revised the Ordinance and reworked the data to see how it would
affect those lots in the aforementioned zones. Zambernardi added that the data looked good and
5 acres seems to be a good starting point and if members of the public request to increase that
threshold the Board can discuss and make a determination at that point.
Zambernardi submitted an updated version of the OSRD with the amendments and revised data.
Planning Board members discussed a few of the lots listed in the tables.
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Beverly Planning Board
December 20, 2011
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Thomson made a motion to support the amendments to the OSRD Ordinance as submitted
and. Motion seconded by Flannery. Motion carried 6.0.0.
5. New or Other Business
a. Reminder : Rescheduled Public Hearing on Modification to Wellington Hills
Definitive Subdivision Plan (AKA Wellington Heights, Oak Hill Estates) to
Tuesday, January 3, 2012 at 7:30 p.m., 3rd Floor Council Chambers, Beverly City
Hall
Zambernardi informed members that the Planning Board Chair received a letter from Chris
VanTwuyver, the Developer for the project. The letter informed the Board that they are holding a
meeting at the Beverly Public Library on Thursday, December 22, 2011 at 7 p.m. and inviting
members of the public, neighbors, Planning Board members, and the Planning Director, to talk
about the project. Legal representation, the Project Engineer, as well as Chris and Pamela
VanTwuyver will be present to discuss both its Beverly and Wenham components.
6. Approval of Minutes: October 18 and November 22, 2011 Meetings
Thomson made a motion to approve the minutes of the Regular Planning Board meetings dated
October 18, 2011 and November 22, 2011 as submitted. Motion seconded by Harris. Motion
carried 6.0.0.
7. Adiournment
Flannery made a motion to adjourn the meeting at 8:30 p.m. Motion seconded by
Thomson. Motion carried 6.0.0.