2012-11-20CITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Date:
Location:
Members Present
Members Absent:
Others Present:
Recorder:
Planning Board
Tuesday, November 20, 2012
Beverly City Hall, City Council Chambers
Chairman Richard Dinkin, Vice Chair John Thomson, Ellen
Hutchinson, Ellen Flannery, James Matz, John Mullady, David
Mack, Michael O'Brien, Charles Harris
None
Assistant Planning Director Leah Zambernardi
Leah Zambernardi
Dinkin calls the meeting to order at 7:30 p.m.
Recess for Public Hearings
Thomson moves to recess for public hearings at this time. Hutchinson seconds the motion. The
motion carries (8 -0).
Continued Concurrent Public Hearings — Special Permit application #131 -12 — Site Plan
Review Application #108 -12 and Inclusionary Housing Application #04 -12 — Construction
of Three Story Building Containing 13 Apartments with Commercial Space on the First
Floor — 130 Cabot Street — Cabot Street LLC c/o The Holloran Companies
Thomson moved to waive the reading of the Legal Notice. Flannery seconded the motion. The
motion carried (8 -0)
Attorney Thomas Alexander with offices at 1 School Street, Beverly, Massachusetts addressed
the Board and reported that he has submitted a letter requesting that the public hearing be
continued to the next meeting of the Board in December. He also stated that he has signed a
waiver from the time requirement in which the Board has to hold a hearing.
Thomson: Moved to continue the public hearing for 130 Cabot Street to December 18, 2013
at 7:30 p.m. assuming the applicant grants the waiver to the Planning Board.
Flannery seconds the motion. The motion carried (8 -0).
The regular meeting of the Planning Board reconvened at this time.
26R Michael Road Definitive Plan (now 28 Michael Road) — Request for Bond Release and
Acceptance of As -Built Plan — Norwood Realty Trust
Zambernardi states that Norwood Realty Trust received subdivision approval in November 2010
to extend Michael Road approximately 100 -feet to allow the development of one new home. In
Beverly Planning Board- Meeting Minutes
November 20, 2012
Page 2 of 4
January 2011, the Board set a construction completion deadline of November 22, 2012 and
accepted a Letter of Credit in the amount of $44,000 to guarantee the completion of the
subdivision. The new owner /builder, Michael McNiff received a partial bond release of $40,000
in March 2012. At that time the home had been constructed and the roadwork had been
substantially completed. The remaining $4,000 guaranteed repaving a water trench, installing 8
to 10 boulders along one property line, providing testing and repairs to a new sewer manhole and
an As -Built plan. The current expiration date for the Letter of Credit is November 22, 2012. Mr.
McNiff has submitted a letter to the Board dated October 30, 2012 requesting that the Board
release the remaining roadway bond for the completed work and that it accept an As -Built plan.
Zambernardi reads a letter from the City Engineer recommending approval of this request.
Thomson: Motion to release the bond and to accept the As -Built plan per Mr. McNiff s request.
Flannery seconded the motion and it carried (8 -0).
Subdivision Approval Not Required Plans (SANR's)
a. 16 & 42 Whitehall Circle — Manor Homes Development, LLC
Zambernardi states that Robert Griffin has submitted a SANR plan on behalf of David Carnevale
of Manor Homes Development, LLC for property within the Whitehall Cluster Subdivision that
was approved by the Board in 2008. Mr. Griffin was in attendance and stated that the applicant
proposes to divide Lot 23 into two parcels. Parcel "A" would be combined with Lot 24 to create
one lot with a total area of 19,491 s.f. Parcel "B" would become new Lot 23, having a lot area of
29,442 s.f. Zambernardi stated that the plan meets the Board's requirements for SANR's and she
recommends that it be endorsed as such.
Thomson: Motion to endorse the plan as one not requiring approval under the subdivision
control law. Flannery seconded the motion and it carried (8 -0).
b. Bonad Road — The 2 Bonad Road Trust
Zambernardi states that the 2 Bonad Road Trust submitted a SANR plan to divide the existing lot
at 2 Bonad Road into 2 building lots that conform to the R10 Zoning Requirements. The newly
created Lot 1 would have 10,979 s.f. where 10,000 s.f is required and 130 feet of frontage where
100 feet is required. The newly created Lot 2 would have 10,022 s.f. and 131.64 feet of frontage.
Zambernardi states that the plan meets the Board's requirements for endorsement as an SANK.
Thomson: Motion to endorse the plan as one not requiring approval under the subdivision
control law. Hutchinson seconded the motion and it carried (8 -0).
c. 5 Dix Way, 760 Hale Street, 770 Hale Street - Gerald & Gretchen Collings, Dix Way, LLC
& Charles W.G. & Barbara Thomas
Zambernardi states that the applicants submitted SANR plan to convey two parcels of land from
property of Collings to property of Dix Way, LLC and Thomas. One 432 s.f parcel would be
Beverly Planning Board- Meeting Minutes
November 20, 2012
Page 3 of 4
conveyed to Dix Way, LLC. The second 687 s.f parcel would be conveyed to Thomas. After
the conveyance, the Collings property would have 8645 s.f of lot area and over 156 -feet of
frontage on Dix Way. Zambernardi states that the plan meets the Board's requirements for
endorsement as an SANR and staff recommends it be endorsed as such.
Mack: Motion to endorse the plan as one not requiring approval under the subdivision control
law. Harris seconded the motion and it carried (8 -0).
d. 8 Curtis Point Road — John D. and Kathryn Duffy
Zambernardi states that the Duffy's have submitted a SANR plan to convey a 6,648 s.f parcel
from the lot identified at "2X' on the plan to 8 Curtis Point Road. Duffy is present and addresses
the Board.
Thomson: Motion to endorse the plan as one not requiring approval under the subdivision
control law. Flannery seconded the motion and it carried (8 -0).
Concurrent Public Hearings — Second Request for Modification to Site Plan Review
Application #105 -11 and Special Permit Application #129 -11 — 48 Dodge Street —
Walmens
Matz recused himself.
Zambernardi reads the legal notice. Jeff Rhuda requests that the Board allow the applicant to
withdraw their request without prejudice.
Dinkin allows Rosemary Maglio of 30 Pleasant Street to ask a question.
Dinkin closes the public hearing.
Thomson: Motion to allow the applicant to withdraw without prejudice their request.
The meeting was reconvened at this time.
Request for Minor Modification — Site Plan Review Application #105 -11 and Special
Permit Application #129 -11— 48 Dodge Street — Walgreens
Matz remains recused.
Attorney Brad Latham spoke on behalf of the petitioner and asked that the Planning Board
approve a modification of the location of the curb cut (driveway) on Conant Street to be as
shown on the plans filed with the request. He asked that it be approved as a minor modification
to the site plan and the special permit.
Beverly Planning Board- Meeting Minutes
November 20, 2012
Page 4 of 4
Thomson: Motion to deem the proposed changes as minor. Flannery seconded the motion and it
carried (7 -0).
Thomson: Motion to approve the changes in substance. Mack seconded the motion and it
carried (7 -0).
Matz returned to the meeting.
New or Other Business
Members of the Board discuss potential zoning amendments with Planning Director Tina
Cassidy regarding off street parking requirements, drive - thru's, adult entertainment zoning and
the design review board.
Members of the Board discuss the meeting schedule for 2013 and set a date and time for the
holiday dinner.
Adjournment
There being no further business to come before the Planning Board this evening a motion was
made by Matz to adjourn the meeting, seconded by Thomson. The motion carried (8 -0)
The meeting was adjourned at 9:00 p.m.