2012-09-11CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD OR COMMISSION
SUBCOMMITTEE:
DATE:
LOCATION:
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
RECORDER:
Planning Board
September 11, 2012
Beverly Senior Center, 90 Colon Street
Chairperson Richard Dinkin, Vice Chairperson
John Thomson, Ellen Flannery, Charles Harris,
Ellen Hutchinson, David Mack, James Matz,
Michael O'Brien, John Mullady
Assistant Planning Director Leah Zambernardi
Leah Zambernardi/Eileen Sacco
Chairperson Dinkin called the meeting to order at 7:30 p.m.
Dinkin calls for a moment of silence in memory of the victims of the terrorists who died on
September 11, eleven years ago today.
Dinkin asked for a motion to adjourn to Executive Session for the purpose of discussing pending
litigation and the Planning Board will return to open session at 7:45 p.m.
Thomson moved to adjourn to Executive Session for the purpose of discussing pending litigation
and the Planning Board will return to open session at 7:45 p.m. Flannery seconded the motion.
Dinkin calls for a roll call vote.
Zambernardi calls the roll as follows:
Hutchinson
Yes
Flannery
Yes
Dinkin
Yes
Thomson
Yes
Harris
Yes
O'Brien
Yes
Matz
Recused
Mack
Yes
Mullady
Yes
The motion carried (8 -0).
The Planning Board reconvened the regular meeting of the Beverly Planning Board at 7:45 p.m.
Regular Meeting
Beverly Planning Board
September 11, 2012
Page 2 of 15
Subdivision Approval Not Required Plans (SANR's)
a. 22 -22 Paine Avenue — Marcia Glassman -Jaffe and Mark Jaffe & Ford and Kathryn
O'Neil
Zambernardi informed the board that the Planning Board received a letter from the applicant
requesting that they be allowed to withdraw the application without prejudice.
Thomson made a motion to allow the applicant for the SANR for 20 -22 Paine to withdraw
without prejudice. Motion seconded by Flannery. The motion carried (8 -0).
b. 232 &234 Essex Street — Walker Realty Trust
Joe Peznola of Hancock Environmental addressed the Board and explained that Walker Realty
Trust has submitted a SANR plan to divide the property into two (2) lots. He noted the location
of the property on the plans and noted that the site houses the Next Generation Day Care Center.
He explained that Lot A would include the school building on Essex Street and would have
122,857 s.f of lot area where 15,000 s.f is required and 214 feet of frontage where 125 feet is
required. He also explained that Lot B would have 790,770 s.f of lot area and well over 250
feet of frontage.
Zambernardi noted that there is a common lot line that goes through the school building. She
also explained that reflects the line that was created in 1992 and the Planning Board has that on
file.
Dinkin asks if this is related to the 40R project. Peznola stated that the owner is doing this for
financing reasons for the Day Care Center.
Thomson: made a motion to endorse the SANR as submitted. Motion seconded by
Flannery. Motion carried 8 -0.
C. 47 Grover Street — John L. Hyland and Diane E. Hyland
Atty. Thomas Alexander with offices at 1 School Street, Beverly, addressed the Board and
explained that the applicant is dividing the property at 47 Grover Street into two (2) lots. He
explained that the lots are significantly in excess of the underlying zoning requirement of 100
feet of frontage and 15,000 s.f of land with 40,000 s.f. and 25,793 s.f. respectively.
Alexander also noted that Lot A is a wetland band and they have demonstrated access to the lot
and have submitted an Order of Conditions from the Beverly Conservation Commission that
allows access across the wetlands.
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Beverly Planning Board
September 11, 2012
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Thomson asks if the applicant is replacing the area of wetland access by means of replication
elsewhere on the site. Alexander explained the plan.
Zambernardi states that she has reviewed the plan and it meets all of the requirements of the
Board for an ANR and she has also talked with Amy Maxner the Beverly Conservation
Commission agent.
Thomson: made a motion to endorse the SANR as submitted. Motion seconded by
Flannery. Motion carried 8 -0.
Dinkin asks for a motion to recess for Public Hearings at this time.
Thomson made a motion to recess for public hearings. Flannery seconded the motion. The
motion carries (7 -0).
Public Hearing — Special Permit Application #132 -12 — Request for Additional Driveway
Access onto Balch Street for New Northwest Parking Deck — Cummings Center — Beverly
Commerce Park, LLP
Flannery recused herself from participation in this matter.
Stephen Drohosky, General Manager of the Cummings Center addressed the Board and
explained that they received approval at the last meeting for the construction of an open steel and
concrete parking structure with one level above grade, and a solar support structure to be located
between the 500 Cummings Center building and Balch Street.
Drohosky explained that the proposal originally included a driveway opening from the garage to
Balch Street and the driveway was removed from the proposal because there were already 4
openings on Balch Street where only two driveway accesses at a street per lot are allowed. He
noted that they are now requesting a fifth driveway opening onto Balch Street, which would be
used for right turn only exiting traffic only.
Thomson questioned if the Parking and Traffic Commission voted favorably on this. Drohosky
explained that the Parking and Traffic Commission reviewed this project in May of 2012 when
the driveway was still part of the project and in their comment letter for the project,
recommended that the exit should be a right turn only.
Zambernardi explained all of the PTC's suggested conditions were incorporated into this plan.
She also explained that the Planning Staff updated the Parking and Traffic Commission at its
August 14, 2012 meeting and asked them if the fact that the driveway needs a special permit
would in any way change their earlier conclusion. She noted that the PTC members decided that
their comments would not change and they would not review the proposal a second time.
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Beverly Planning Board
September 11, 2012
Page 4 of 15
Thomson questions why the PTC recommended a right turn only. Drohosky explained that Mr.
Benevento was concerned about traffic crossing to make left turns onto Balch Street.
Zambernardi also noted that the letter from the PTC indicated that the proximity of the
McKeown School was also a concern.
Dinkin asked that letters and comments from other Boards and Commissions be read for the
record at this time.
Zambernardi read letters and emails from the following:
Sgt. Russell Rollins — Beverly Police Department — dated September 6, 2012
Richard Benevento — Parking and Traffic Commission — dated May 24, 2012
Amy Maxner — Conservation Commission Agent — email dated September 6, 2012
Eric Barber — City Engineer — Dated August 24, 2012
William Burke — Director of Board of Health — dated September 4, 2012
William Fiore — Beverly Fire Department — dated August 14, 2012
Zambernardi also noted that the Board has received letters from residents regarding this project
as follows:
David Burnham — 454 Cabot Street, Beverly Ma. (letter in opposition)
Dinkin opens the hearing up for public comment at this time.
Ward Three Councilor Jim Latter addresses the Board and states that he has received similar
concerns of those expressed by Mr. Burnham in his letter. He stated that he is concerned about
feeding a right turn into traffic. He also noted that all of the students at the McKeown School get
bus transportation. He stated that he does not understand why we are going to force people who
need to take a left turn to take a right turn.
Rosemary Maglio of 30 Pleasant Street addresses the Board and stated that she supports the
abutters in their concerns about traffic on Cabot and Balch Streets. She also expressed concerns
about the Cummings Center gradually adding to their site and taking away landscaping. She
stated that they need to consider what the neighbors want.
Eleanor Marshall of 43 Balch Street addresses the Board and states that she lives across the street
from the garage. She also stated that she does not think that the right turn is going to work
noting that the Cummings Center has many exit roads.
Drohosky addressed the Board and stated that they are committed to their landscaping plan and
they have 100 people who maintain the property. He also noted that they have added many
plantings to the site and have just ordered hundreds of mums that will be installed on the site in
the next few weeks.
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Beverly Planning Board
September 11, 2012
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Drohosky stated that some landscaping will be eliminated with the construction of the new road.
Dinkin asks if there are any members of the Board who have questions.
Thomson asks if the Parking and Traffic Commission action is a decision or a recommendation.
Zambernardi states that it is a recommendation. She also noted that the input of the Parking and
Traffic Commission is not a step that is part of the Special Permit process.
Matz questioned if there were two exits on Balch Street already and they are requesting a third.
Zambernardi confirmed that this would be the third exit. Matz asked if the two existing exits
allow a left turn. Zambernardi stated that left turns are allowed from those exits.
Hutchinson questioned what they are trying to accomplish with this egress. Drohosky explained
that a majority of the people who work in the Cummings Center work in the 500 building. He
explained the site and the locations of the parking in relation to the buildings.
Mullady asked if they would consider making the closest opening a right turn only. Drohosky
stated that they have not thought about that. He also noted that they were indifferent to the right
turn only and stated that they would be fine with a right and left turn at that exit, noting that they
were trying to be responsive to the concerns of the Parking and Traffic Commission.
Dinkin declares the public hearing closed.
Continued Public Hearings — Special Permit Application #131 -12 Site Plan Review
Application #108 -12 and Inclusionary Housing Application #04 -12- 130 Cabot Street —
Cabot Street Apartments — 130 Cabot Street LLC — c/o The Halloran Companies
Dinkin asks for a motion to waiver the reading of the legal notice.
Thomson made a motion to waive the reading of the legal notice. Flannery seconded the motion.
The motion carried (8 -0).
Dinkin addressed those present and reviewed the ground rules for this public hearing.
Zambernardi reported that the Planning Board opened this public hearing on June 19, 2012 and it
was continued to July 17, 2012 pending review of the Design Review Board and the Parking and
Traffic Commission. She explained that the July 17 hearing was continued to this evening.
Zambernardi explained that the decision deadline for the project is 65 days from the close of the
public hearing for the site plan and 90 days from the close of the public hearing for the special
permit.
Dinkin asked for the reading of letter and emails from other city departments at this time.
Regular Meeting
Beverly Planning Board
September 11, 2012
Page 6 of 15
Zambernardi read letters and emails into the records as follows:
Beverly Design Review Board — Kate Newhall — dated July 12, 2012
Parking and Traffic Commission — Richard Benevento — dated July 12, 2012
City Planner — Tina Cassidy — Memo dated June 18, 2012
Eric Barber — City Engineer — dated July 10, 2012
Dinkin states that it has been brought to his attention that the Planning Board needs to go back
into Executive Session at this time to discuss pending litigation and the Planning Board will
reconvene at 8:55 p.m.
Thomson moved to adjourn to Executive Session for the purpose of discussing pending litigation
and the Planning Board will return to open session at 8:55 p.m. Flannery seconded the motion.
Dinkin calls for a roll call vote.
Zambernardi calls the roll as follows:
Flannery
Yes
Dinkin
Yes
Thomson
Yes
Harris
Yes
O'Brien
Yes
Matz
Recused
Mack
Yes
Mullady
Yes
Hutchinson
Yes
The motion carried (8 -0)
Dinkin reconvened the public hearings of the Beverly Planning Board at 8:55 p.m.
Dinkin informed those present that the Board will continue on with the hearing for 130 Cabot
Street.
Dinkin asked Zambernardi to continue reading letters of comment from city departments
regarding this project.
Zambernardi read letters and emails from the following:
Lt. William Fiore — Beverly Fire Department — dated May 3, 2012
Sgt. Russ Rollins — Beverly Police Department — dated June 12, 2012
William Burke — Director of Board of Health — dated June 11, 2012
Regular Meeting
Beverly Planning Board
September 11, 2012
Page 7 of 15
Zambernardi also reported that the Board has received a letter of support for the project from the
following:
Gin Wallace, Executive Director of Beverly Main Streets
Paul Guanci — City Council President and Owner of Beverly Super Sub
Zambernardi also stated that since the last meeting a You Tube Video has been posted online by
Dana Acciavatti, 4 Elm Street. Dinkin stated that if it cannot be presented here it is not part of
the record.
Dinkin asks the applicant if they have anything they would like to add at this time.
Atty. Alexander stated that he would like to clarify a few things that were mentioned if the letter
and emails that have just been read. He stated that there seems to be some confusion about the
street trees that they are proposing to plant on Vestry Street. He explained that initially the trees
will be 10 -12 feet tall and over time the canopy above will expand at a higher level. He showed
photos of existing trees on the street.
Alexander also stated that presently Vestry Street has no sidewalks and they are putting a
sidewalk in along the building as part of the project, which will be for the benefit of the
neighborhood as well.
Alexander also explained that concerns about the turning radius on Vestry Street for emergency
vehicles etc. will be addressed with the removal of the guard rail which will improve the turning
radius.
Alexander also noted that the comments that Sgt. Rollins made in his letter dated June 12, 2102
was before the matter was reviewed by the Parking and Traffic Commission and as a member he
voted in favor of the recommendation that was submitted to the Board.
Alexander noted that historically this site has been a commercial use until it was destroyed by
fire. He noted that the Beverly Historical Society has photographs of the area prior to the fire
from the 1970's. He noted that at that time two buildings entirely covered both lots.
Alexander explained that the proposed lighting for the site will be mounted to the building and
noted the locations on the plan.
Dinkin asked for comments from the Planning Board at this time.
Thomson noted that there are still some submissions that were requested by the City Engineer
that have not been received. Alexander suggested that the recommendation could be
incorporated into the decision. Thomson noted that this is more than a recommendation, noting
that the City Engineer requested additional information. He stated that he is not comfortable
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Regular Meeting
Beverly Planning Board
September 11, 2012
Page 8 of 15
closing the public hearing without the receipt of that information. He also suggested that he was
going to recommend that the Planning Board hold a site visit.
Alexander stated that the surveyor has met with the City Engineer and they have agreed to
submit the requested information.
Dinkin opened the hearing up for public comment at this time. He asked those present to ask
clarifying comments at this time, noting that there will be time later in the meeting for public
comment.
Rachael Botticelli of 106 Cabot Street addressed the Board and questioned why the applicant
was given approval to use public parking. Dinkin explained that zoning allows for the use of
additional parking with 500 feet of the site.
David Flint, 19 Railroad Avenue asked for a clarification about fencing.
Elisabeta Veliaj of 144 Cabot Street addressed the Board and expressed her concern about the
moving of utility poles for this project which may affect parking she uses on the street.
Alexander stated that the pole she is referring to will not be moved. She questioned the location
of the trees on Vestry Street and asked how far the trees would be from the street. Alexander
stated that they would be 4 -6 feet from the street and will be on the curb not in the street. She
stated that she is also concerned about parking during the winter when there is snow piled on the
street.
Peter Secondiani of 18 Railroad Avenue addressed the Board and asked if those using the
municipal parking spaces will be required to pay the meters. Dinkin stated that residents using
the municipal spaces will have to feed the meters the same as everyone else. The resident noted
that the lot is full in the winter when there is a parking ban.
Dana Acciavatti of 4 Elm Street addressed the Board and asked if the petition that was submitted
by the applicant that was signed by people from Salem and other communities, and the closest
person to the site being located a mile away is significant to the Board. Dinkin stated that the
proximity of the signers will be taken into consideration by the Board.
Danielle Gunn of 15 Railroad Avenue addressed the Board and expressed her concern about the
HVAC units and the noise they will generate. The project architect explained the location of the
HVAC units and noted that they will be small units 24 inches. Dinkin asked if they have any
information regarding the noise level of the units on a hot summer night in the middle of August.
The project architect stated that they will provide that information to the Board.
A resident of 26 Perkins Street, Amesbury, MA., the owner of the Lucky Dog on Cabot Street
asked if those who use the parking lot will be subject to the same rules and regulations as
everyone else. Dinkin stated that those who use the lot will have to follow all of the rules.
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September 11, 2012
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Elisabeta Veliaj of 144 Cabot Street addressed the Board again and expressed concern about the
number of parking spaces being provided for the site. She stated that the law requires them to
have 1 '/2 spaces per unit. Alexander reviewed the parking requirements under the ordinance and
explained that they are providing 13 spaces onsite and one handicapped space on Vestry Street.
He explained that the remainder of the required parking is accounted for in the use of the
municipal lot that is allowed in the zoning provision.
Thomas Walsh of 25 Vestry Street addressed the Board and noted that in Sgt. Rollins and Eric
Barbers comments regarding the project, they were concerned about insufficient parking.
Alexander explained that he does not think that either of them were aware of the zoning
provision that allows the use of municipal parking spaces.
Dana Acciavatti, 4 Elm Street addressed the Board and questioned if there would be assigned
parking in the lot for the tenants. Alexander explained that the 13 spaces on the site would be
assigned. He also noted that a recent parking study done by the Planning Department on recent
developments downtown found that the tenants are using less than one parking space per unit.
Thomson questioned why this is being done as a special permit. Alexander explained that the
handicapped parking space provided on Vestry Street may be accomplished by way of a Special
Permit.
Peter Gunn of 18 Railroad Avenue addressed the Board and asked how they are going to dampen
the noise from the air conditioners with a fence. The project architect and explained that the
fence is a visual screen and they will be installing sound barrier as well.
Dianne Belisle, 4 Elm Street addresses the Board and asked who is going to pick and choose who
gets the handicapped parking space should there be more than one person who needs it.
Alexander explained that ADA code requires one parking space. He also noted that there will be
13 spaces in the back of the building.
Mack questions if it is within the purview of the Planning Board to consider whether the
applicant is compliant with parking. Dinkin explains that with regards to a Special Permit the
Planning Board has a relatively broad authority to condition —and they do not have to say that the
applicant is compliant with parking but they are required to take into consideration the impact it
will have on the abutters to the property.
Dale Acciavatti, 4 Elm Street addressed the Board and stated that he feels that Beverly Main
Street submitted their letter of support before they reviewed it. He also stated that he feels that
there is a conflict of interest for Atty. Alexander and Main Streets. Dinkin stated that Beverly
Main Streets is a private organization that does not approve projects for the City of Beverly.
Rosemary Maglio of 30 Pleasant Street addressed the Board and stated that she does not think
that the ordinance regarding parking specifies that municipal parking can be used. She stated
that her recollection of the ordinance is that it says that a parking lot can be used and questioned
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Regular Meeting
Beverly Planning Board
September 11, 2012
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the use of a municipal parking area to provide parking for a private development. Dinkin stated
that is right.
Danielle Gunn, 15 Railroad Avenue asked that trash be required to be stored in the building.
Rachael Botticelli of Cabot Street addressed the Board again and noted that there are concerns
about parking at Siam Delight as well and asked who would address those concerns. Dinkin
stated that those issues are not relative to this project.
Flannery asked Alexander where the handicapped parking space is located. Alexander explained
the location on Vestry Street and noted the area on the plan. He noted that the space is van
accessible and is within the setback area designated and is the required five feet from the
property line.
Dianne Belisle, 4 Elm Street addresses the Board and states that a handicapped van takes up
extra room. Dinkin stated that there is a certain amount of room that is required for a van and the
space could be handicapped accessible but not van accessible. Jim McDowell of Eastern Land
Survey addresses the Board and explains that the requirements for handicapped spaces require 13
feet for a handicapped space and 16 feet for van access. He noted that they have 16 plus feet and
the space is van accessible.
Peter Gunn asked about parking spaces for commercial use.
Dinkin addresses those present and explains that the portion of this that has real teeth is the
Special Permit, noting that the inclusionary housing is a formula and Site Plan Review is review
of the design and the landscaping, etc. He states that he is not sure if the number of parking
spaces they provide is one space per unit, noting that they may be required to have more than one
space per unit.
Dinkin asks if there is anyone present who wishes to comment in favor of this project.
David Flint, owner of 19 and 43 Railroad Avenue addressed the Board and stated that after the
last meeting he looked at the site and met with city planning officials and he stated that he feels
that this project is a good use of this lot.
Danielle Gunn, 15 Railroad Avenue addressed the Board and stated that she and her husband are
accepting of the project noting that the applicant has every right to develop his property.
Robert Nelson of 12 Davis Street addressed the Board and stated that he is the owner of 24
Vestry Street and he stands by the owners right to build on his property. He also noted that he
feels that the developer should listen to the neighbors regarding their concerns.
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Beverly Planning Board
September 11, 2012
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David Flanagan of 18 Railroad Avenue addressed the Board and stated that he is not a direct
abutter but he watches the turnover every years of college students in apartments in the area and
he thinks that this will be a quality project for the neighborhood.
Dinkin asks if there is anyone present who wishes to comment in opposition to the project. He
stated that people will have two minutes each to make their comments.
Dana Acciavatti, 4 Elm Street addresses the Board and notes that he has a presentation that he
would like to make and he would like more time to do that. Mr. Dinkin asks those present who
indicated that they would like to speak would like to relinquish their time to Mr. Acciavatti.
Dinkin gives Mr. Acciavatti the floor at this time.
Acciavatti submitted a petition signed by 200 people. He noted that Sgt. Rollins raised concerns
about that parking for the site in his comment letter to the Board. He also stated that he has
monitored the municipal parking lot they proposed to use to provide parking for the site and on
the dates of September 7, and 8 the lot was full at various times of the day. He notes that they do
not have assigned parking and wonders where people will park if they are unable to find a space
in the lot, in a neighborhood that already has parking problems.
Acciavatti also expressed concern about snow removal noting that plowing in the area is difficult
as it is. He also questioned where children are going to play noting that there is no yard space.
Acciavatti stated that he feels that the project will ruin the existing businesses in the area, noting
that Sam's Cleaners has submitted a letter of opposition to the project. He stated that he is tired
of the unbridled construction and development in Beverly that has no regard for the people.
Acciavatti stated that he feels that there is a big conflict of interest with Beverly Main Streets and
Mr. Alexander noting that he is a major sponsor of Main Streets.
Acciavatti referred to the Beverly Master Plan which states that a project should not disturb a
neighborhood. He also noted that in a list of items that contribute to a business failing is a lack
of parking and he feels that this project should have its own parking.
Elisabeta Veliaj of 144 Cabot Street addressed the Board and expressed concerns about snow
removal, noting that in the winter residents are not allowed to park on the street.
Rosemary Maglio addressed the Board and expressed her concern about the large footprint of the
project and the impact on the neighborhood. She noted increased traffic and a decrease in safety
and she does not agree with Alexander regarding the amount of parking they are providing. She
stated that she has written a letter and has photos of the area. Dinkin asks Maglio if she would
like to submit her information for the record.
Dinkin states that he would like to recess the public hearing to a date certain at this time.
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Thomson made a motion to continue the public hearing to October 16, 2012 at 8:00 p.m., in
the City Council Chambers at Beverly City Hall. Mack seconded the motion. The motion
carried (8 -0)
Thomson made a motion for the Planning Board to hold a site visit to 130 Cabot Street on
Saturday, October 6, 2012 at 9:00 a.m.
The Board discussed possible dates for a site visit. After several suggestions, members could not
come to an agreement on a date and time, and it was agreed that members would visit the site
individually if they so choose.
Thomson withdrew his motion regarding the site visit.
Dinkin reconvened the regular meeting at this time.
Request for Minor Modifications to Site Plan Review Application #105 -11 and Special
Permit #129 -11 — 48 Dodge Street — Walgreens — Westward Apple Orchards Limited
Partnership
Atty. Thomas Alexander of 1 School Street Beverly, MA. addressed the Board and explained
that they are requesting a modification to condition #5 of the approval issued by the Board
regarding the hours of operation for Walgreens. He explained that the condition calls for the
hours of operation to be 8:00 a.m. — 10:00 p.m. for the first two years and after that if they so
choose they can come back to request hours of operation for 24 hours per day. He stated that
they have a letter of support from the abutters. He also explained that the other matter that they
want to modify is an adjustment to the Conant Street entrance so as to allow for an existing
utility pole at the request of National Grid.
Dinkin stated that it is his view that this request to modify condition #5 is not a minor change
and will require an additional public hearing on the matter. He questioned if the letter from the
abutters Alexander mentions is signed by all of the abutters. Alexander states that it is signed by
two people.
Thomson states that he agrees that this is a major change noting that if the neighbors are content
with a 24 hour store he would be fine with that but he wants to hear it from them.
Jeff Rhuda stated that the delay would put construction off until the spring and we could lose
Walgreens.
Thomson made a motion to deny the request on the grounds that the change in the hours of
operation is not a minor modification. Flannery seconded the motion. The motion carried
(7 -0).
Alexander requested that he Board set the public hearing for the next Planning Board meeting.
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Mack made a motion to set the date for the public hearing on the Minor Modifications to
Site Plan Review Application #105 -11 and Special Permit #129 -11 — 48 Dodge Street for
Tuesday, October 16, 2012 at 7:30 p.m. Thomson seconded the motion. The motion
carried (7 -0).
It was noted that the request to relocate the Conant Street driveway would be considered at that
time as well.
Continued Discussion/Decision - Special Permit Application #132 -12 — Request for
Additional Driveway Access onto Balch Street for New Northwest Parking Deck —
Cummings Center — Beverly Commerce Park, LLP
Flannery recuses herself from the discussion.
Hutchinson expressed concern about the proposed right turn only on McKay Street noting that
she thinks that it was suggested with the best of intentions but she would prefer that all of the
driveways be the same.
Thomson states that he understands the concern noting that there is a lot of traffic at key times in
the area. He also noted that the Parking and Traffic Commission was concerned about the school
in the neighborhood.
Dinkin suggested that if the Planning Board requests that it be two way it would have to go back
to the Parking and Traffic Commission. Thomson stated that the other option that the Board
has is to deny the request.
Hutchinson noted that the deck was originally proposed with this option but it was removed from
the plan.
Thomson made a motion to grant the special permit for the driveway access as depicted on
the plan. Mack seconded the motion. The motion FAILED 3 -4 -1 with (Thomson, Mack &
O'Brien in favor)(Harris, Hutchinson, Matz and Mullady opposed)(Flannery in absention)
Continued Discussion/Decision — Deem Definitive Subdivision Plan a Substitute Yield Plan
Under the OSRD Filing — 875 Hale Street — MontRosemary Park, LLC
Dinkin noted that the Planning Board has held Executive Sessions this evening regarding this
matter and the follow two issues and the Board is ready to take action on these matters at this
time.
Thomson addressed those present and noted that the yield plan has been amended due to the
deficiency in the road that was pointed out during the appeal.
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Thomson made a motion to approve the Yield Plan for the property known as 875 Hale Street as
shown on the Definitive Subdivision Plans prepared and stamped by Hayes Engineering, dated
May 2010 and revised through June 7, 2012 consisting of 7 sheets, provided that the applicant
present evidence prior to the release of the plan that it had obtained variances and waivers prior
to the acceptance of the Yield Plan (September 11, 2012). Harris seconded the motion. The
motion carried 6 -0 -2 (Thomson, Flannery, Harris, Hutchinson, Mack and O'Brien in favor)(no
one in apposition)(Matz and Mullady in abstention)
Continued Discussion/Decision — Request for 2nd Modification to 875 Hale Street Definitive
Subdivision Plan
Thomson made a motion to approve the modification of the Definitive Plan for the property known as
875 Hale Street as shown on Definitive Subdivision Plans prepared and stamped by Hayes
Engineering, dated May 2010 and revised through June 7, 2012 consisting of 7 sheets.
The motion included granting the following requested waivers of the Board's Rules and
Regulations Governing the Subdivision of Land, all of which had been previously requested and
granted.
1) Section III.C.2.d. which requires existing trees 6 inches in caliper measured 4 feet above
the ground to be shown and, in place thereof, allow only existing trees shown on the plan.
2) Section III.C.2.m. which requires street address numbers for each lot and, in place
thereof, allow no street address numbers until assigned.
3) Section III.C.2.u. which requires location of streetlights and, in place thereof, allow no
streetlights.
4) Section III.C.2.u. which requires location of fire alarm systems and, in place thereof,
allow no fire alarm systems.
5) Typical Road Cross - section which requires 3 feet minimum cover over drains and, in
place thereof, allow a minimum of 1.4 feet cover.
Further, this approval is made subject to compliance with the following conditions:
1) That a permanent deed restriction establishing that Road A shall not serve as legal
frontage for or actual access to Lot 6 be provided to the Planning Board.
2) That the statement, "The land shown on this plan is subject to Section 29 -24.B: `Open
Space Residential Design (OSRD) Site Plan Ordinance' of the Beverly Zoning
Ordinance, with the benefit of any waivers lawfully to be granted thereunder" shall be
recorded on the plan and incorporated as a condition of this approval;
3) That the statement, "This approval is subject to the provisions of the decision on OSRD
Site Plan Application #2 -10 for 875 & 875 -1/2 Hale Street, dated June 29, 2011 and filed
with the City Clerk on June 29, 2011" shall be recorded on the plan and incorporated as a
condition of this approval; and
4) That this approval is subject to the applicant's adherence with conditions contained in
Public Health Director William T. Burke's October 8, 2010 letter and Beverly Fire
Prevention's Lieutenant William Fiore's July 2, 2012 letter.
14
Regular Meeting
Beverly Planning Board
September 11, 2012
Page 15 of 15
Hutchinson seconded the motion and it carried 6 -0 -2 (Thomson, Flannery, Harris, Hutchinson,
Mack and O'Brien in favor)(no one in opposition)(Matz and Mullady in abstention).
Continued Discussion/Decision — Petition for the Rescission of the Planning Board's
Approvals of the OSRD Plan dated June 29, 2011 and the Definitive Subdivision Plan dated
July 27, 2011 for 875 and 875 V2 Hale Street — D. Pasquarello, BDI, WT & G, PC
Petition for Rescission of Approval of OSRD Plan dated June 29, 2011
Thomson made a motion to deny the Petition for Rescission of the approval of the OSRD plan
dated June 29, 2011 for 875 Hale Street, on the grounds that the OSRD plan has been modified
and waivers have been granted by virtue of the Board's earlier approval tonight. Mack seconded
the motion and it carried 6 -0 -2 (Thomson, Flannery, Harris, Hutchinson, Mack and O'Brien in
favor)(no one in opposition)(Matz and Mullady in abstention).
Petition for Rescission of Approval of Definitive Subdivision Plan dated July 27, 2011.
Thomson made a motion to deny the Petition for Rescission of the approval of the Definitive
Subdivision Plan for 875 Hale Street approved by the Planning Board on July 27, 2011, on the
grounds that the Definitive plan has been adequately modified and waivers have been granted by
virtue of the earlier approval tonight. Mack seconded the motion and it carried 6 -0 -2 (Thomson,
Flannery, Harris, Hutchinson, Mack and O'Brien in favor)(no one in opposition)(Matz and
Mullady in abstention).
New or Other Business
Zambernardi informed the Board that a request has been made by the Beverly Citizens
promoting the CPA on the November ballot for a letter of support from the Planning Board.
Thomson stated that he felt that the letter of support is appropriate.
Thomson moved that the Planning Board send a letter in support of this initiative. Flannery
seconded the motion. The motion carried 7 -0 with Hutchinson voting in opposition.
Dinkin asked that staff draft a letter for his signature and noted that he wants to put a "wet
signature" on the letter.
Adjournment
Thomson made a motion to adjourn the meeting at 11:00 p.m.. Motion seconded by Hutchinson.
Motion carried 8 -0.
15