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1998-09-22 ~/~( Joanne Dunn Chairperson Ellen K. Flannery Richard Dinkin F~' ,.C~''1 Salvatore Modugno o~ ~',~', Robert Rink Vice Chairman ' ~ ] Barry Sullivan William Delaney /~:~~;~ Planning Director Peter M. Thomas John Thomson Tina P. Cassiciy Minutes Beverly Planning Board September 22, 1998 Meeting Members present: Chairperson Richard Dinkin, Vice-Chairman Bill Delaney, Salvatore Modugno, Barry Sullivan, Ellen Flannery, Joanne Dunn, John Thomson, Peter Thomas and Robert Rink. Also present: Planning Director Tina Cassidy, Director of Engineering Frank Killlien, Jr., and Susan Akerman, Secretary to the Board. Vice-Chairman Delaney calls the meeting to order at 7:30 p.m. Thomas: Motion to recess for public hearings, seconded by Sullivan. Delaney, Modugno, Sullivan, Dunn, Thomas, Thomson and Rink in favor, no one opposed. Motion carries. 1. PUblic Hearinqs: · Site Plan Review Application #38-98 / construction of a McDonaldss Restaurant at 224 Elliott Street / The McDonald's CorporatiOn Cassidy reads legal notice. Chairperson Dinkin joins the meeting at this time. Cassidy reads the following letters: - Letter from City Solicitor Marshall Handly. (On File) - Letter from Building Inspector Tim Brennan. (On File) Cassidy states that the plan before the members is a revised plan for the Board to consider. Attorney Thomas Alexander addresses the Board and reviews the revised plan and addresses some items that the Planning Board has raised. The first issue being litter control, Attorney Alexander hands out a litter control program and map submitted by the McDonaid's Corporation outlining where they have agreed to clean up the litter; the second issue was a request for a traffic analysis, Attorney Alexander submits a traffic analysis prepared by VHB and summarizes it for the members. City Hall 191 Cabot Street Beverly, Massachusetts 01915 (978) 921-6000 Fax (978) 922-0285 Planning Board September 22, 1998 Meeting Page Two Alexander notes that the combination of trips that will be generated by McDonald's and Stop & Shop will result in fewer trips generated compared to the previous site plan originally planned/approved for this site. Dinkin asks if the VHB study refers to traffic patterns generated specifically for a fast food restaurant. Alexander states that the study's assumptions are based on a fast food restaurant with a drive through window. Lastly, Alexander explains that the applicant has pursued some alternative designs, and summarizes that the original design for the building was designed &san ocean front building which would be in keeping with the design of the Stop a Shop (Cape Cod Design) and explains that prior to this Board, McDonald's met with the Design Review Board which had the following changes; that the roof be changed to go all the way around the building, that the signage be removed on the waterfront facade, that the trim and roof color be revised, and that there be a reduction in the height and width of the windows, so now there will be a 25% reduction in window area. Alexander explains that they added a 1' diameter column to the front of the building to break the window area view, that a patio has been added facing the waterfront park at the request of the Harbor Management Authority, and a brick pathway has been proposed to be installed. Attorney Alexander explains that McDonald's employees will police the patio and walkway area for litter as well, and noted that as a result of the patio and walkway there will be a break in the stockade fence that divides McDonald's and the park. Ellen Flannery joins the meeting at this time. (7:45 p.m.) Attorney Alexander states that the patio and walkway are dedicated for public use, and that this sums up what has been going on. Cassidy reads a letter from City Engineer Frank Killilea, Jr. dated 9/22/98. (On File) Chairperson Dinkin asks the members if they have any clarifying questions. Thomson asks if the City Engineer has received plans that actually show the utilities tieing into Elliott Street. Mr. Killilea states that he has received plans prior to the July meeting that showed stub connections to the utilities, but that the applicant was to follow up with as-builts, and they have not yet been submitted. Thomson asks if there are any plans to light the patio at night. Mr. Killilea states that if there is going to be a public walkway, the applicant should have proper illumination/lights along the pathway. Attorney Alexander states that there are lights proposed Planning Board September 22, 1998 Meeting Page Three for around the pathway and that McDonald's Corporation would be willing to add lights to the patio in accordance with the lights on the pathway. Delaney asks if they plan to put tables, umbrellas, etc. on the patio area. Attorney Alexander responds yes. Delaney suggests that the applicant address this issue further. Dave Pagel addresses the Board and explains that the tables will be cement terracotta with the chairs affixed to the table, so that the wind won't blow them over. Delaney asks the applicant if they have anything with them to show the Board the difference on how the windows in the front of the building will look. Attorney Alexander shows the members the difference on the plan and explains the differences in the dimensions. Chairperson Dinkin asks if the signage internal to the building has changed. Mr. Pagel responds no. Delaney asks with respect to the letter from the Building Inspector, is there a particular position for the free-standing sign. Attorney Alexander explains that they have a different interpertation of the ordinance, but that the applicant will abide by the variance process if it chooses to erect a free standing sign. Thomas asks if the second sign is part of the Planning Board's approval tonight. Attorney Alexander states that in light of the Building Inspector's letter, it has not been included in tonight's approval, and the applicant will amend the plan to eliminate it if the Planning Board approves the plan this evening. Thomas asks what the hours of operation will be. Attorney Alexander states that the hours of operation will be from 6:00 a.m. to 12:00 p.m., that they do not intend to go beyond that, but noted that the site is not in a residential neighborhood so there are no restrictions on the hours of operation. Chairperson Dinkin asks if any one from the public wishes to speak. Joan Murphy of Longmeadow Road addresses the Board and states that at the first public hearing she stated that she was concerned with the possibility that customers of McDonald's would take over the public park, and now that there will be a division in the fence between the public park and McDonald's and a proposal for a patio, Ms. Murphy states that she is concerned that the customers could conceivable take over the public park, and then asks if there is Planning Board September 22, 1998 Meeting Page Four anything in the plans to keep the park as a public park and not for use for McDonald customers, what safeguards are there. Attorney Alexander shows Ms. Murphy the plan and explains where the walkway and the fence are, and where the opening in the fence will be, then noted that the opening will be approximately 100' Attorney Alexander states that they are proposing a patio to address a concern, that McDonald's has no concerns either way, that they can do with or without the patio. Chairperson Dinkin asks if there are any additional questions from the public. There were none. Chairperson Dinkin asks if there are any comments in opposition to this matter. Joan Murphy states that she would like to see a smaller opening in the fence. Chairperson Dinkin asks if there are any comments in support of this matter. There were none. Chairperson Dinkin declares the public hearing on Site Plan Review Application #38-98 / construction of a McDonald's Restaurant at 224 Elliott Street closed. Chairperson Dinkin recesses the Board for three minutes. 2. Special Permit Application #100-98 for reconstruction of exiStinu uas station at 38 Enon Street / Gibbs Oil Co. Chairperson Dinkin states that the public hearing for Special Permit Application #100-98 is called to order. Cassidy reads the legal notice. Cassidy updates the members and explains that there has been a request by the applicant's attorney to have this public hearing continued to the Board's November 17, 1998 meeting, due to the fact that the applicant's attorney cound not present this evening due to an unavoidable scheduling conflict. Delaney: Motion to table the public hearing on Special Permit Application #100-98 for reconstruction of existing gas station at 38 Enon Street to the Board's November 17, 1998 meeting, seconded by Thomas. Dinkin, Delaney, Modugno, Sullivan, Dunn, Flannery, Thomas, Thomson and Rink in favor, no one opposed. Motion carries. Planning Board September 22, 1998 Meeting Page Five Chairperson Dinkin states that this public hearing is continued to the Board's November 17, 1998 meeting. Chairperson Dinkin returns the Board back to regular session. 3. Discussion/Decision: Site Plan Review for McDonald's restaurant on ElliOtt Street Cassidy updates the members and explains that she has received several revised plans with amendments, and if the Planning Board chooses to approve this plan, that she would recommend two conditions. The first condition being that the free standing sign be eliminated, and the second condition is a request that any plan sheets that need to be revised, be revised and submitted reflecting the changes and the dates of these changes included. Thomson comments that the Engineering Director has not yet looked at the traffic study. Mr. Killilea states that the City is not going to add any lanes to E11iott Street, but are talking about adjustments of the signals to make the flow of traffic smoother. Thomson asks if perhaps the concern of traffic is less now that the proposal for a gas station is out of the question. Mr. Killilea states that it is a mute question right now. Delaney asks if the applicant might consider pursuing some different ways of looking at the area that is to the right front of the proposed building, from the street up to the proposed patio where there will be no fence. Ms. Murphy states as a point of view, that the applicant should look at different ways because more people will use the park because there is a division in the fence, and people do like a buffering, and asks if it would be appropriate to do some landscaping in that are (ie: shrubs, flowers to distinguish edge of park). Attorney Alexander states that they can discuss the possibility of a split rail fence or some other landscaping scheme that will be acceptable to the Board. Chairperson Dinkin states that demarcation plantings make more sense. Attorney Alexander states perhaps junipers could be used. Thomson states that he would like the City Engineer to get the plans for the utilities. Mr. Killilea states that during the recess he received the plans. Thomson asks if there are any plans for a playground area. Attorney Alexander states that the plan does not show for an exterior play area. Mr. Page1 states that there are no plans at this time for an exterior play area. Planning Board September 22, 1998 Meeting Page Six Thomson notes that there is a nicely grassed area along Elliott Street before the public park which has gotten shabby, and asks if McDonald's would be willing to take care of the weeds, etc. in that area. Chairperson Dinkin states that he believes that as part of Stop & Shop's approval, Stop & Shop is to maintain that area, and that maybe this is an enforcement issue with Stop & Shop. Attorney Alexander states that this area is not part of the area that McDonald's is leasing from Stop & Shop, but will speak with Stop a Shop about maintaining the area more frequently. Mr. Killilea explains that this part of Elliott Street is a transition section, and with the reconstruction of Route 62 the City plans to go in that section and continue the concrete sidewalk, so the problem/concern may be corrected and rectified by that project. Chairperson Dinkin asks Mr. Killilea if he feels that he needs additional opportunity to review the additional documents submitted. Mr. Killilea responds no. Delaney: Motion to approve Site Plan Application #38-98 for construction of a McDonald's restaurant at 224 Elliott Street with the following conditions: (1) that the free standing sign in front of the building be eliminated from the plans; (2) that the applicant landscape the right front of the building from the patio toward Elliott Street and subject to the approval of the Engineering Department and the developer; and (3) subject to any revisions to the plan be properly shown and dated, seconded by Flannery. Thomas questions if there should be a condition with respect to the lighting of the patio area. Thomson proposes that the motion be amended to require that McDonald's propose the lighting scheme for the patio to be consistent with that of the existing pathway. Motion amended by Thomson and seconded by Flannery. and in continuation of the motion, that the applicant agree to police the area and pick up any trash in the areas identified in the plans submitted to the Board tonight, and that with the agreement and concurrence of the applicant the hours of operation be limited to 6:00 a.m. to 12:00 p.m. Dinkin, Delaney, Modugno, Sullivan, Dunn, Flannery, Thomas, Thomson and Rink in favor, no one opposed. Motion carries. Planning Board September 22, 1998 Meeting Page Seven 4. Nicole Avenue Subdivision: Request to establish Bond amount, acceptance of surety g/21/99 posted to quarentee completion of subdivision, release of lots for buildingend sale purposes, extension Of construction completiOn.date / TOm Carnevale Cassidy updates the members and explains that she has received a letter from R.C. Realty Trust requesting that the Board (1) consider extending the construction completion date from November 1998 to November 30, 1999 in order to enable the applicant to complete the subdivision in that time; and (2) to establish a Bond amount. Cassidy notes that the Engineering Department has reviewed the letter and suggests that the Bond amount be established at $222,131.25. Cassidy further notes that one additional work item has not been reflected in the bond, and that being approval of the subdivision was subject to the developer installing a sidewalk to be consistent with that existing on Hull Street. Cassidy states that this part of the project is estimated to cost between $2,000 - $4,000, and that the Board may want to consider adding this to the Bond amount. Cassidy explains that if these requests are accepted the developer would also like to request that the Board accept a Tri-Partite Agreement in the amount of $227,068.75, which will cover the Hull Street sidewalk, and that lots be released from the Form G Covenant for sale and building purposes. Chairperson Dinkin asks if members of the Board have any questions. There are none. Delaney: Motion to establish the Bond amount for Nicole Avenue Subdivision at $227,068.75, and that the construction completion date be extended from November 1998 to November 15, 1999, and that the Tri-Partite Agreement be accepted in the amount of 227,068.75 in the form submitted as previously approved by the Planning Board, and upon approval of this condition that the lots be released from the Form G Covenant for building and sale purposes, seconded by Thomas. Dinkin, Delaney, Modugno, Sullivan, Dunn, Flannery, Thomas, Thomson and Rink in favor, no one opposed. Motion carries. 5. Chapel Hill Estates Subdivision: discussion on drainage issues / Tim FOrd Cassidy updates the members and explains that she received a copy of a letter from the Law Firm of Peterson & Associates regarding an on-going issue with respect to drainage issues with an abutter. One abutter has charged that there are drainage problems on his lot resulting from this subdivision, and the applicant is asking the Board to solve the issues. Cassidy notes that this is not part of the project, and hands out a series of maps outlining the lots. Planning Board Sept-mher 22, 1998 Meeting Page Eight Cassidy explains that two lots 23F and 23G are under review by the Conservation Commission because there are wetlands on them, and that the developer will need to prove that the lots have been graded as approved. Cassidy states that the abutter indicates the lot causing his difficulties is one not subject to Conservation Commission review, and that no final grading plans were required by the Conservation Commission and/or Planning Board post development for that lot. Cassidy suggests that the Board may want to seek advice from the City Solicitor, that he may be able to suggest how this matter can be rectified, if in fact the Planning Board has the authority to intervene in the matter. Cassidy notes that it is not a requirement for an applicant to submit grading plans with definitive subdivision plans. Delaney states that the Board may have no control over what an owner does on their property, and further states that he thinks this could be a civil matter between the private parties. Chairperson Dinkin states that as the Board looks at property in the City that needs to be developed the Board will continue to see issues on drainage. Cassidy suggests that the Board ask the City Solicitor for guidance and discuss the matter further at the Board's October meeting. Dinkin states that he thinks that Cassidy's suggestion to refer this matter to Marshall Handly is appropriate because if the lot has been conveyed, this will result in a more complex problem. Thomson states that he thinks that the suggestion to refer the matter to Marshall Hanley is good, but questions whether the Board can get involved. He suggests that the Board make a determination on what remedies the Board can impose on a developer so that this situation doesn't happen again. Dinkin states that the Board needs to determine if the property has been conveyed beyond the jurisdiction of the Board, and if not conveyed may/may not be in our jurisdiction, a question for Marshall Handly. Delaney states that he agrees with Dinkin and that Mr. Thomson thoughts are a good issue too, that this Board seek advice on what authority the Board has in this matter. Delaney further states that it is his opinion that the Board's authority is limited, that the Board needs to find a long term resolution to this matter, and that he doesn't think that it is the Board's issue to consider. Planning Board September 22, 1998 Meeting Page Nine Delaney: Motion that the Board direct the Planning Director to consult with City Solicitor Marshall Handly to determine the scope of the Board's authority with the issues raised tonight, seconded by Flannery. Dinkin, Delaney, Modugno, Sullivan, Dunn, Flannery, Thomas, Thomson and Rink in favor, no one opposed. Motion carries. New or Other Business 6. Accept New Covenant and Modify 5/9/98 Vote: Moore Circle Subdivision Cassidy updates the members and explains that the title for Moore Circle has been turned over to new owners , and that the new owners have submitted a new Form G Covenant which is identical to that of what the Moore's had. Cassidy explains that the Board needs to accept the new Form G Covenant reflecting the new owners which has been notarized, modify the plan to allow the house to be built on Lot #1 instead of Lot #2, but notes that the plan will need to be modified, and that the plan on record is irretrievable for this type of purpose, so the Board needs to consider taking a vote to amend/reverse the previous vote to reflect the amendment, and then record a new Certificate of Board vote reflecting the Board's approval that Lot #1 can be built on instead of Lot #2. Cassidy reads a letter written by herself for Chairperson Dinkin's signature regarding the action taken by the Board. (On File) Chairperson Dinkin asks if Marshall Handly has looked at the language of this letter. Cassidy responds no. Chairperson Dinkin asks who owns the property. Cassidy states J & M Realty Trust. Thomas: Motion to accept the new Form G Covenant and to permit the existing home on the site to be relocated to lot #1 instead of lot #2, seconded by Thomson. Dinkin, Delaney, Modugno, Sullivan, Dunn, Flannery, Thomas, Thomson and Rink in favor, no one opposed. Motion carries. 7. Set Date for FonZO Site Plan Hearina Cassidy states that the applicant has requested that the Board set a public hearing date for a site plan review application filed for construction of a new building on Sam Fonzo Drive. Pl~.~ing Board September 22, 1998 Meeting Page Ten Sullivan questions the likelihood of the Board getting to this matter at their October meeting because of the Mullen/Loeb Estate public hearing. Dinkin states that he would prefer to schedule this public hearing for the Board's October meeting and continue it the Board's November meeting, if necessary. Delaney: Motion to schedule a public hearing date for Fonzo Site Plan for the Board's meeting scheduled for October 20, 1998 at 9:00 p.m., seconded by Flannery. Dinkin, Delaney, Modugno, Sullivan, Dunn, Flannery, Thomas, Thomson and Rink in favor, no one opposed. Motion carries. 8. Rules & Re~aulations Cassidy updates the members with respect to amending the Board's Rules and Regulations. Cassidy states that in July she supplied the members with a first draft of the amended Rules and Regulations for suggestions/revising. Cassidy states that John Thomson submitted some suggestions that should be discussed in detail. Cassidy reviews her suggestions for amendments to the Board's Rules and Regulations, (On File) noting a few: (ie: to strike two words from the definition of frontage; have all streets referred to as one street instead of primary and secondary streets; questions whether minor subdivisions should continue to be permitted; and suggests that the Board consider increasing the fees in accordance with other communities, etc.) Delaney states that other Communities have graduated filing fee schedules. Cassidy states she will review how much it costs to process applications and will look at a graduated scale. Thomas states that other Cities require developers to pay for individual Engineering consultants. Thomson states that the Board needs to consider the best use of Frank Killilea's time, to explore having it cost out to an independent consultant. Cassidy states that Frank still needs to be involved to some extent because he is involved with all City developments. Cassidy states that she would also like the Board to make some suggestions with respect to ANR's; that she would like the Board to consider establishing a section for 81-R waiver requests and set a Planning Board September 22, 1998 Meeting Page Eleven procedure for that; to consider the possibility of increasing the fee for Preliminary Plans and requiring the submission of a list of waivers the applicant wants; to include lot grading plans; replace some words in general; keep the current 6% maximum grade or change; and to take a look at dead ends roadway lengths. Cassidy states that these are some major points and suggested that the members hold a workshop to review the Rules and Regulations and then set a hearing date. The members scheduled a workshop for Tuesday, November 10, 1998 at 7:30 p.m. to review the Board's Rules and Regulations. Approval o~ Minutes; July 14, 1998 Thomson: Motion to accept the minute of the Board's July 14, 1998 meeting, seconded by Flannery. Dinkin, Delaney, Modugno, Sullivan, Dunn, Flannery, Thomas, Thomson and Rink in favor, no one opposed. Motion carries. ad~ ournment Thomson: Motion to adjourn, seconded by Flannery. Dinkin, Delaney, Modugno, Sullivan, Dunn, Flannery, Thomas, Thomson and Rink in favor, no one opposed. Motion carries. Meeting adjourned at 9:30 p.m. Susan D. Akerman 20 Victor Avenue Beverly, Massachusetts 01915 Beverly Planning Department City Hall 191 Cabot Street Beverly, MA 01915 Attention: Tina Cassidy Bill for services rendered: Corrections made to various Planning Board minutes. 1 hours ........... @ $10.00 per hour ..... $10~00 Total amount due ......... $10.00