2015-07-21Beverly Planning Board
July 21, 2015
Board:
Date:
Location:
Members Present
Members Absent
Others Present:
Recorder:
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Planning Board Meeting
July 21, 2015
Beverly City Hall, City Council Chambers
Chair John Thomson, Ellen Hutchinson, Ellen Flannery, Catherine
Barrett, James Matz, David Mack, Ned Barrett, Wayne Miller
None
City Planner Aaron Clausen
Eileen Sacco
Thomson calls the meeting to order at 7:00 p.m.
Subdivision Approval Not Required Plans
30 Foster Street — Lindlewood Realty Trust - Elizabeth Flannery
Planning Board member Ellen Flannery notes for the record that she is not related to the
applicant.
Clausen explains that Lindallwood Realty Trust has submitted an application for endorsement of
an SANR plan for property located at 30 Foster Street, owned by Elizabeth Flannery. He notes
that the ANR plan has been submitted subsequent to the OSRD plan approved by the Planning
Board during the June 2015 meeting.
Clausen explains that the plan is consistent with the Planning Board decision and includes the
creation of two building lots with frontage on Foster Street and a third parcel of land to be
dedicated to the City of Beverly as open space (labeled lot 3).
Clausen states that planning staff has reviewed the plan for conformance with the Board's OSRD
decision dated June 29, 2015 and determined that the plan is consistent with that approval and
that it conforms with the Board's requirements for SANR's and recommends endorsement of the
plan.
Hutchinson: Motion to endorse the SANR as submitted for 30 Foster Street. Miller seconds
the motion. The motion carries (8 -0).
286 County Way — Jon and Paula Tosi / Stephen Sadoski and Kristel Holland
Robert Griffin is present for the applicants.
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Beverly Planning Board
July 21, 2015
Robert Griffin addresses the Board on behalf of the applicants and explains that Jon and Paul
Tosi have submitted an application for endorsement of an SANR plan to transfer 2,837 square
feet of land from their property at 286 County Way (Lot 1 on the plan), to the adjacent property
at 4 Clifton Avenue. He notes that parcel A will be combined with the property at 4 Clifton
Avenue for a combined lot size of 11,674 s.f. with 88 feet of frontage on Clifton Avenue.
Griffin further explains that Lot 1 will retain a total of 13,163 s.f. and 160 feet of frontage on
Clifton Avenue, and 100 feet of frontage on County Way. He also notes that no new building lots
are created with the ANR plan.
Griffin explains that following the land transfer the property at 4 Clifton Avenue will become
compliant to lot area which is a minimum of 10,000 s.f in the R10 district and will also become
more compliant with regards to frontage, however it will remain a nonconforming lot with
frontage of less than 100' feet as required in the R10 district.
Griffin stated that the property at 286 County Way meets the frontage, lot area, and all other
dimensional requirements of the Beverly Zoning Ordinance.
Clausen states that planning staff has reviewed the plan for conformance with the Board's
requirements for a SANR and recommends it be endorsed as such.
Hutchinson: Motion to approve the SANR Plan for 286 County Way as submitted. N. Barrett
seconds the motion. The motion carries (8 -0).
64 Conant Street — Pixley Peck Realty Trust
Clausen explains that Brain Peck and Lora Pixley, trustees of Pixley Peck 2010 Family Realty
Trust have submitted an application for endorsement of an SANR plan to transfer 2,817 square
feet of land (identified as parcel A on the plan) from their property with frontage on Old Farm
Road (Map 66 Lot 29) to the property located at 64 Conant Street.
Clausen explains that the two existing parcels have merged under single ownership to create a
single building lot. He also notes that a single family structure labeled Parcel A will facilitate
the creation of a building lot on Old Farm Road (labeled Lot 2 on the plan) and following the
land transfer the property located at 64 Conant Street will be 10,317 s.f in size and will have 100
feet of frontage on Conant Street. He further notes that the lot will remain compliant with all
other dimensional requirements of the Beverly Zoning Ordinance.
Clausen explains that planning staff has reviewed the plan for conformance with the Board's
requirements for SANR's and recommends endorsement of the plan.
Hutchinson: Motion to approve the SANR Plan for 64 Conant Street as submitted. Flannery
seconds the motion. The motion carries (8 -0).
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Beverly Planning Board
July 21, 2015
Approval of Minutes
The minutes of the November 18, 2014, December 1, 2015, December 16, 2015, January 13,
2015, January 21, 2015, April 6, 2015 and April 28, 2015 Planning Board meetings were
presented for approval.
Hutchinson: Motion to approve the minutes of the November 18, 2014, December 1, 2015,
December 16, 2015, January 13, 2015, January 21, 2015, April 6, 2015 and April
28, 2015 as amended. Flannery seconded the motion. The motion carried (8 -0).
Hutchinson moves to recess for public hearings at this time. Flannery seconds the motion. The
motion carries (8 -0).
Public Hearing — Off Nelson Avenue — Definitive Subdivision Plan — Creation of Two new
Lots and Extension of Nelson Avenue — Matthew E. Power, Trustee of Fairlee Nominee
Realty Trust
Atty. Henry Rappa addresses the Board on behalf of the applicant and explains that they have
submitted a Minor Subdivision Plan to extend the end of Nelson Avenue 100 feet to create
frontage for two additional single family building lots partially located in Beverly and Wenham.
He explains that the property located within the City of Beverly is subject to an Agreement for
Judgement of Land Court whereby Mr. Power has title to the parcel of land totaling 22,669 s.f of
land. He reviews the history of the site and notes that there is an overview of the history of the
property in the materials submitted to the Board.
Atty. Rappa explains that Hancock Associates prepared the plans.
Atty. Rappa explains that the proposed subdivision would extend Nelson Avenue in a northerly
direction approximately 100 feet, of which 60 feet of the proposed road would be located in
Beverly and 40 feet would be in the Town of Wenham. He explains that the proposed extension
would narrow to 24 feet from the current width from curb to curb of 32 feet. He also explains
that no curbing is proposed, however a two foot swale is proposed to collect stormwater flowing
in that direction. He further notes that stormwater flowing in a southerly direction will be
directed to existing catch basins located in Nelson Avenue.
Atty. Rappa explains that the entire house will be in Beverly.
Atty. Rappa explained that portions of the roadway and homes will be located within the 100
year floodplain, shown on the plan as a hatched area on sheet #3. He also notes that the
applicant is proposing compensation of the displaced flood storage on the northern portion of the
Wenham property and is shown on plan sheet C -2.
Atty. Rappa explains that the subdivision plan meets all of the Beverly Subdivision requirements
and notes that they are seeking a number of waivers from subdivision regulations including the
following:
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Beverly Planning Board
July 21, 2015
1. Section III, 2, D — Identifying Existing Trees
Reason for Request: Small and insignificant trees are existent. Once the entire
development is laid out, a conservative effort will be made to preserve vegetation.
2. Section III, 2, O — No Roadway Profiles were provided
Reason for Request: The request is a minor extension of the roadway (100 feet)
3. Section III, 2, Q — No existing sizes of pipes were provided for water and sewer
Reason for Request: Once plans are further developed all pipe sizes will be added.
4. Section III, 2, S — No proposed street trees were provided
Reason for Request: Small and insignificant trees are existent. Once the entire
development is laid out, a conservative effort will be made to preserve vegetation
5. Section III, 2, T — Proposed pavement width is 24' not 32'. No curbing will be provided.
(Granite not bituminous concrete). Sidewalks will not be provided.
Reason for Request: Existing 32' roadway is very wide. 24' is adequate for this minor
extension.
6. Section III, 2, U — No proposed street lights will be provided.
Reason for Request: The request is a minor extension of the roadway (100 feet)
7. Section IV, A, 1, B — No turnaround will be provided for these two lots, not a typical cul-
de -sac configuration
Reason for Request: Turnaround will occur in the Town of Wenham
Thomson opens the public hearing up for questions from the Planning Board members at this
time.
Thomson asks if this development is going to provide access for further development of the area.
Rappa explains that there is a restricted covenant that prevents anything but a single family
house on the property and notes that there will be no further subdivision of the land in Wenham.
Clausen notes that the plans show the extension of the property in Beverly and Wenham and
notes that there is a 25' wide utility and access easement shown on Sheet 1 of the plan but is not
shown on Sheet 3. Rappa explains the easement is recorded at the registry of deeds
and is held for the benefit of the MBTA. He further notes that the plans show the location of the
proposed house is located within the bounds of that easement.
Clausen refers to the restricted covenant for residential use only. Rappa explains that the
covenant restricts further development of the site.
Mack states that he would like to see the restricted covenant notated on the plan. Thomson
agrees that the plan should reference the restricted covenant.
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Beverly Planning Board
July 21, 2015
Mack asks if there is anything in the restricted covenant regarding access. Rappa explains that
this road is only to access this site.
Matz asks if the Beverly Conservation Commission has reviewed the plan noting that there is
work to be done in the floodplain. Rappa states that the Conservation Commission has reviewed
the project and has issued an Order of Conditions for the house and one for the roadway as well.
He notes that the rest of the property is under the jurisdiction of the Wenham Conservation
Commission. He states that they have filed a Notice of the Intent with them for the open space
trails that will have to be maintained.
Hutchinson asks if they will be using the road for emergency access. Rappa states that they will
be using it for emergency access.
Miller asks if the plans have been reviewed by the Beverly and Wenham Fire Departments.
Rappa reports that they have reviewed the plans.
Thomson asks if there are comments from other Boards and Commission regarding this matter.
Clausen reports that comment letters have been received from the following city departments:
Engineering Department — has reviewed the plans and made recommendations in letter dated
July 14, 2015
Beverly Board of Health — has reviewed the plan and has issued their standard list of
recommendations
Beverly Police Department Traffic Officer has reviewed the plans and has no issues with the plan
Beverly Conservation Commission has reviewed the plans and issued Orders of Conditions on
June 30, 2015 with four (4) special conditions.
Beverly Fire Prevention has reviewed the plan and has no issues with the plan.
Roy Tauro of Hancock Associates explained the drainage for the site. He reviewed the plan
showing the location of the dwellings and notes the location near Wirling Drive and Nelson
Avenue.
Thomson asks if the drainage plans it as the street paved.
Thomson asks if the land court decision deals with a possible subdivision. Rappa explains that
there is a recorded plan that shows this configuration.
Thomson opens the public hearing up for questions from the members of the Planning Board at
this time.
Clausen notes that the plan approved by the Town of Wenham has no jurisdiction in Beverly.
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July 21, 2015
Thomson asks if there is a Land Court Plan that shows this subdivision. Rappa explains that
there was an Agreement for Judgement for parcel A and B.
Mack asks what the Agreement for Judgement calls for. Rappa explains that parcel A is divided
into Lot Al and A2 in Wenham and explains that neither is a buildable lot.
Mack asks who owns the land where the pavement is to be built. Rappa states that the road area
is part of what has been recorded in the summary judgement.
Thomson states that he would like to see a copy of the restricted covenant and the access
easement and revised plans showing the restricted covenant and the location of the building.
Thomson opens the public hearing up for public comment at this time.
Greg Martin of 33 Wirling Drive addresses the Board and reports that the owner of the property
proposed a land swap with him in order to get the 100 feet of frontage that he would need. He
also reported that he has drainage issues in his yard.
Cindy Borgizia of 31 Wirling Drive addresses the Board and expressed her concern about filling
lots in the floodplain. She questions if they need to raise the lot above the floodplain. Turra
explains the area and notes the location of the floodplain.
Rick Marciano of 141 McKay Street addresses the Board and states that flooding is a major issue
and states that the developer should be improving that. He also questions whether Beverly or
Wenham would be responsible for public services. Atty. Rappa explains that there will be an
interagency agreement for city services.
There being no further questions or comments regarding this matter, Thomson suggests that the
Board continue the public hearing to the September Planning Board meeting.
Mack: Motion to continue the Public Hearing for Nelson Avenue to the September 15,
2015 Planning Board meeting. Hutchinson seconds the motion. The motion
carries (8 -0)
Public Hearing — Special Permit Application #147 -15 — Request to Share
On -Site Parking for Mixed Use Property (Section 38- 25.D.1) — 50 Dodge Street
Clausen explains that the applicant has requested that the public hearing be continued to the
September 15, 2015 meeting of the Planning Board.
Mack: Motion to continue the public hearing to the September 15, 2015 Planning Board
meeting. C. Barrett seconds the motion. The motion carries (8 -0).
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Beverly Planning Board
July 21, 2015
Request for Extension of Expiration of Completion Date — Chapman's Corner Estates —
Manor Homes Development LLC
Bob Griffin representing Manor Homes Development LLC addressed the Planning Board and
requested that the Planning Board extend the completion deadline set forth in the covenant
recorded at the Registry of Deeds be extended to July 28, 2016.
Mack: Motion to extend the completion date for the Manor Homes Development LLC —
Chapman's Corner to July 28, 2016. Miller seconded the motion. The
motion carried (8 -0).
Request to Set Public Hearing — Site Plan Review Application #117 -15 — Construct Four
Story Building at 181 Elliott Street (aka 33 Balch Street) — Beverly Commerce LLC
Clausen reported that the applicant has filed and the Board needs to set a public hearing date.
Mack notes that the Board has quite a few items on the September agenda and suggests
scheduling this public hearing in October.
Hutchinson: Motion to set the public hearing for Site Plan Review #117 -15 Beverly Commerce
LLC for October 20, 2015. Flannery seconds the motion. The motion carries (8-
0).
Request to Set Public Hearing and Public Comment Period — OSRD #8 -15 — Initial Review
and Yield Plan — Create 6 new lots — Sunnycrest Avenue — PD Building LLC
Clausen reports that this matter should be scheduled for the September 15, 2015 meeting.
Hutchinson: Motion to set the public hearing for OSRD #8 -15 Initial Review and Yield Plan
for Sunnycrest Avenue for September 15, 2015. Flannery seconds the motion.
The motion carries (8 -0).
Request to Set Public Hearing and Public Comment Period — OSRD #7 -15 — Initial Review
and Yield Plan 50 -54 Bovles Street
Clausen reports that this matter should be scheduled for the September 15, 2015 meeting.
Hutchinson: Motion to set the public hearing for OSRD #8 -15 Initial Review and Yield Plan
for 50 -54 Boyles Street for September 15, 2015. Flannery seconds the motion.
The motion carries (8 -0).
Request to Set Public Hearing and Public Comment Period — OSRD #5 -14 — Initial Review
and Yield Plan — Create 8 new residential lots — 44 and 52 Standley Street — RC Realty
Trust — Donna Sweeney
Clausen reports that this matter should be scheduled for the September 15, 2015 meeting.
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Beverly Planning Board
July 21, 2015
Hutchinson: Motion to set the public hearing for OSRD #5 -14 Initial Review and Yield Plan
for 44 and 52 Standley Street for September 15, 2015. Flannery seconds the
motion. The motion carries (8 -0).
Request to Set Public Hearing — Waiver from Frontage and Definitive Subdivision Plan —
13 Swan Street — RFR Development
Clausen reported that the applicant has filed and the Board needs to set a public hearing date.
Mack suggests that the public hearing be scheduled for the October 20 Planning Board meeting.
Mack: Motion to set the public hearing for a waiver from frontage and definitive
subdivision plan. Flannery seconds the motion. The motion carries (8 -0).
New or Other Business
Communitv Preservation Committee Priorities for 2015
Thomson suggests that the CPA priorities be taken off the Planning Board agenda noting that it
will be counterproductive until changes are made to the master plan.
It was suggested that applications should be submitted to the Planning Board so that the Board
can see what projects are being funded.
Matz noted that the CPA has $860,000 available for grants and any other numbers that are
floating out there are false. He explained that the state matches 25% of the money collected by
the City.
Beverly pen Space and Recreation Plan
Clausen reports that the Open Space and Recreation Plan for the City of Beverly has been drafted
and will be submitted to the state. He explained that this plan is required for the city to be
eligible for park and land grants and this draft will be sent to the state. He also reported that the
full draft is online and a summary has been included in the Planning Board meeting materials.
Clausen stated that comments and questions can be directed to him and he will get them to the
Open Space and Recreation Committee
Assistant City Planner
Clausen reported that a full time Assistant City Planner has been hired and she will begin
working on August 10, 2015.
Adjournment
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Beverly Planning Board
July 21, 2015
There being no further business to come before the Planning Board this evening a motion was
made by Mack to adjourn the meeting, seconded by Flannery. The motion carried (8 -0)
The meeting was adjourned at 9:00 p.m.
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