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1996-02-20 ,airman James A. Manzi Vice Chairman Richard Dinkin Planning Director Tina P. Cassidy William Delaney Joanne Dunn Ellen K. Flannery Salvatore Modugno D. Stephen Papa Barry Sullivan John Thomson Minutes Beverly Planning Board February 20, 1996 Members present: Chairman James Manzi, Vice-Chainxtan Richard Dinkin, Steve Papa, Barry Sullivan, Joarme Dunn, John Thomson, Bill Delaney and Ellen Flannez-j. Also present Planning Director Tina Cassidy, Commissioner of Public Works George Zambouras and Assistant Planning Director Debbie Hurlburt. Manzi calls the meeting to order at 7:30 p.m. Dinkin: motion to recess to public hearing, seconded by Thomson. All members in favor. Motion carries. · Public Hearing: Chanel Hill Subdivision - 56 Grover Street Ford Properties, Inc. Cassidy reads Legal Notice for the seven lot proposed subdivision at 56 Grover Street. Attorney Tom Alexander introduces himself to the Board and states that the last time the Board discussed this site was when there was a proposal for two pork-chop lots; however, due to strong resident sentiment against to the pork-chop lots Mr. Ford withdrew the applicant. The applicaiit is now before the Board with a Definitive Subdivision Plan with no waivers being sought. Alexander states that all of the lots will be serviced by municipal sewer. Alexander continues that the applicant is also before the Conservation Commission. Cassidy reads letters from the Public Works, Board of Health and Fire Departments. Richard Rynkowski of 27 Grover Street states that the letter from Sergeant Tarsook does not indicate the severity of accidents which have occurred there. Rynkowski questions whether there has been any consideration to redoing the street at Walker Road because it is too dangerous. Cily Hail 191 Cabot Street Beverly, Massachusetts 01915 (508) 921-6000 Fax' (5082 922-0285 Minutes of the planning Board February 20, 1996 page two Thomson asks how may entrances will be at the property. Engineer Paul Marchionda states that there will be three entrances, and the location of the cul-de-sac entnnce was selected specifically because it helps the site distance. Thomson asks if there will be sidewalks constructed. Ford states that there will be. An abutter to the property is concerned that the hemlocks will be taken down. Marchionda states that they had checked the site distances and need to take down some trees. Delaney states that this proposal seems to conform to the City of Beverly's Subdivision Rules and Regulations, and that the main issues are safety and traffic. Delaney states that he would like to conduct a site visit and that the Board should consider continuing the Public Heating. Delaney: Motion to continue the Public Hearing to March 19, 1996, seconded by Dinkin. All members in favor. Motion carries. Delaney states that he would like to set a site visit date and t4me now while all the interested parties are here. The Board sets the site visit for March 9, 1996 at 8:00 a.m. Dinkin requests that the applicant allow the public to attend the site visit. Alexander states that that would be fine as long as the public signs off with a waiver not to hold property owner responsible for any injuries that may occur on this site walk. Concurrent Public Hearings: Definitive Subdivision Plan and Special Permit WPOD Pearson Road Cassidy reads legal notice for a special pennit request for this new single-family residential development in excess of two house lots in the Watershed Overlay Protection Ove~ay District and a Definitive Subdivision Plan. Attomey Tom Alexander introduces himself to the Board and introduces Vernon LeBlanc, Engineer for this proposal. Alexander states that this is a five lot subdivision off Old Rubbly Road. Alexander states that the applicants are requesting several waivers: inSection 1II.2.5., location of proposed slreet trees and location of trees to be retained with nunks over 6" in diameter; inSection V.D.2., elimination of sidewalk on the southem poaion of the plan abutting the Marmcci property for a distance of 100' +/-; inSection V.c. 1., minimum cover over sewer; and inSection IV.A.2.e., street intersection radius rounded less than the 30' radius required. Minutes of the Planning Board February 20, 1996 page three Alexander states that the applicant is proposing that a section in front of the Matmcci property will be a landscaped buffer zone instead of sidewalks, and that the applicant has an agreement in the works with Marmcci. Alexander states that a small portion of this roadway was given an endorsement from the Board previously as an Approval Not Required. Cassidy reads letters from the Police, Public Works and Fire Depathuents. Grace Martucci, abutter to the proposal states that she is concerned about the drainage running onto her property. Anne Range an abutter states that she is concerned with the blasting, and whether there are any plans for compensation ff damage occurs. Chairman Manzi states that the Fire Department conducts pre-blast and post-blast surveys to abutters within a certain radius of the development to determine whether any damage has occurred. John Ingemi of 46 Hathaway Avenue states that he also has concerns with blasting and drainage and questions when all this development will stop. Dinkin states that the alternative to permitting conforming development is for the City to take the land and that is economically unfeasible. Zambouras asks for the length of the new roadway. LeBlanc states that it is 490 feet. William Caywood of 50 Hathaway Avenue asks what is going to happen to the wetlands. Thomson asks if the landscaped buffer area is in lieu of a sidewalk. Alexander states that it is because Mrs. Martucci wanted to keep the area landscaped and did not want sidewalks near her propen'y. Dinkin responds that the landscaped buffer will look like someone's front yard. Thomson asks if the proposed buffer will obstruct views for cars exiting the site. Alexander responds that the proponent will make sure that the landscaped buffer will not obstruct site lines. Sullivan asks if there is room for both sidewalks and landscaping. Leblanc responds that this would then fall on the Martucci property. Sullivan asks if the applicant would put in both if it was worked out with Mrs. Marmcci. Leblanc responds yes. Leo Marshall of 52 Hathaway Avenue asks if the foundation is damaged and it is outside of the area of pre-blast survey who is responsible. Delaney: Motion to continue the meeting to the March 19, 1996 seconded by Dinkin. All members in favor. Motion carries. Minutes of the Planning Board February 20, 1996 ~ page four The members suggest a site visit for 9:00 a.m. on March 9. All members were in agreement. Dinkin asks the applicant if the public could attend the site visit. Alexander responds that would be fine as long as people attending sign a waiver releasing the property owner from responsibility for any injury incurred. Public Hearing: Special Permit Request to convert three-unit dwelling into a five- unit dwelling Cassidy reads legal notice for this Special Permit request. Cassidy states that the Board has received a letter from Mr. Costa dated April 2, 1996 requesting to withdraw the applicant without prejudice (see file). Dinkin: Motion to allow applicant to withdraw without prejudice, the applicant for a special peahilt for 10 West Dane Street, seconded by Thomson. All members in favor. Motion can'ies. Public Hearing: Alleen's Way Subdivision Plan - (off Meadow Road) - Alleen L'Abbe Cassidy reads legal notice for this six-lot subdivision plan. Manzi asks the members if they have any issues. Delaney states that it was regrettable that the site visit could not be conducted due to weather conditions, however he still wants to see the site. Manzi states that all members seem to feel the same. Alexander asks if the Board would allow discussion on some of the issues. Delaney asks if the Conservation Commission has seen the site and whether there is an Order of Conditions, and if there is than the Board needs to get a copy of those Conditions. Goehard Doell of 18 Meadow Road states that he had looked at plans when he bought his property previously and the property lines now are different than what he saw on the previous plan. Vernon states that the lines shown are approximate boundary lines. Delaney asks Zambouras if he has reviewed the drainage calculations. Zambouras states that he reviewed the calculations and that there is a slight decrease below pre-existing conditions. Cassidy reads Zambouras' letter regarding the drainage calculations (see file). Minutes of the planning Board February 20, 1996 page five Cassidy also reads a letter from Attomey Glovsky regarding the Dallas' concerns (see file) who are abutters to the site. Delaney asks Cassidy if the Fire Department has clarified its concerns regarding this proposal. Cassidy responds that she has not yet received any additional input from the Fire Depa~hnent. Richard Maestranzi who owns property north of the locus, states that he has no problem with the subdivision; however, he would like to see a stub with a 12' right-of-way so that he could make a driveway. Delaney: Motion to continue public heating to March 19, 1996, seconded by Sullivan. All members in favor. Motion carries. The members suggested a site visit for 10:00 a.m. on March 9. All members are in agreement. Dinkin asks the applicant if the public can attend the site visit. Alexander states that would be fine as long as a waiver from liability would be signed by the 'attendees. Public Hearing Continued: Special Permit Request - Two Pork-chop Lots - 30 Boyles Street - Daniel Tobin and Mary Elizabeth Passeri Cassidy rereads legal notice for a Special Permit request for two pork-chop lots at 30 Boyles Street. Peter Ogren of Hayes Engineering introduces himself to the Board. Ogren states that at the last meeting there was an outstanding issue regarding the driveways to the lots. Ogren states that the driveway would enter out the current driveway and service both lots and the site distances have been reviewed. Ogren states that at the previous hearing there was not yet a response from the Police Department; however, since that meeting there has been a letter. - Cassidy states that there were a couple of outstanding issues, one regarding drainage calculations and the other was regarding the subdivision proposal in the 1980's, and that there was a condition to that approval regarding the adequacy of the existing water lines and asks if it is still pertinent. Zambouras states that there was a stipulation on the last subdivision due to the Fire Department but it pertained to fire flows not for domestic water. Zambouras adds that the flows should be better now that the new water tower is on-line. Zambouras continues that the back property drains to the abutter on Lot Two but it is not a measurable amotmt of water. Ogren states that the water flows in a northern direction. Cassidy reads letter from the Police Depal~nent (see file). Minutes of the Planning Board March 4, 1996 page six Renee Mary of 274 Hale Street asks if there is any new information regarding the widening of Boyles Street. Zambouras states that at this time there are no current plans to widen Boyles Street. Chairman Manzi asks if there is anyone present who would like to speak further on this proposal. There being none, Manzi closes the Public Hearing. Chairman Manzi reconvenes the meeting to regular session. 1. Discussion/decision: 30 Bovles Street - Snecial Permit re~!uest for two Pork-chon Lots Cassidy updates the Board on this proposal. Cassidy asks if the property owner would be willing and legally able to use the existing driveway as a shared driveway. Ogren responds yes and he believes that the proponent has secured a letter stating that the abutter, who also has an easement to use the driveway has no concerns or problems with this subdivision. Cassidy states that she visited the site and the site distances ire not bad, and recommends the Board condition the approval of the special permit on granting the City an easement on the front of the property for future roadway improvements, and that no further subdivision of lots to create additional building lots be allowed. Dinkin: Motion to approve the Special Permit Request for two pork-chop lots at 30 Boyles Street subject to the following conditions: 1. Vehicular access to both lots #1 and #2 as shown on the subject plan shall be provided by sharing the driveway existing on site as of the date of this vote: 2. That an easement be granted to the City of Beverly along the frontage of both lots along Boyles Street for the purpose of future sidewalk installation orroadway improvements by the City; the width of this easement shall be determined by the Commissioner of Public Works; and 3. That a restriction shall be place on the lots created by this special permit prohibiting further subdivision of the lots in the future in such a manner as to create additional building lots; a notation to this effect shall be incorporated onto the plan prior to endorsement by the Planning Board, seconded by Delaney. All members in favor, motion carries. Delaney: Motion for a 5 minute recess, seconded by Dinkin. All members in favor, motion carries. Chairman Manzi resumes the meeting. Minutes of the Planning Board February 20, 1996 page seven 2. Wentworth Drive - Preliminary Subdivision Plan - Georle & Diane Traicoff Hurlburt updates the Board on the status of this Plan, and states that at the last Board meeting the members voted to extend the time for action due to questions regarding the lack of sidewalks. Zambouras states that he would like to have sidewalks in this subdivision. Attorney Thomas Alexander states that the applicant will agree to sidewalks being constructed. Zambouras states that he would like the developer to install a looped water main system to connect to Kennel Hill Drive. Peter Ogren, Engineer for the project states that he believes that this would be difficult to do. Ogren states that he will work with Zambouras on this issue. Delaney: Motion to approve the Preliminary Subdivision Plan for Wentworth Drive subject to the plan conforming to the City of Beverly's Subdivision Rules and Regulations regarding slreet layout, curbing and sidewalks, seconded by Dinkin. All members in favor, motion carries. 3. Moore Circle Subdivision - Paul & Sheila Moore- Revision to Subdivision Plan Hurlburt states that what is before the Board this evening is a Court Order remanding this revised subdivision plan for Moore Circle. Zambouras states that in his review of the plan the topography now causes a slight reduction in runoff than what was in the original plan. Councillor Troubetaris states that there is a severe drainage problem on Sunset Drive, and is currently in the Legal Affairs Committee became of drainage problems, and she states that she believes that drainage from Danvers contributes to part of this problem. Troubetaris asks that because this proposal crosses town boundaries, who will address the problems of where the children will go to school and who will take care of the drainage issues? John Barrows of Marchionda Engineering states that he was hired to redesign the area. Barrows states that previously there was no run-off to the detention area below but now all the ran-off will go to the detention basin and that Danvers has accepted the detention area. Barrows continues that the peak flows of run-off will be cut down from pre-constmction to post- construction flows. Zambouras states that the water that currently flows over land, goes to the Sunset Drive area, and that no water goes southerly. Zambouras adds that this subdivision does not affect anything in Beverly. Dinkin asks after development is there more water, less water or the same amount that flows. Barrows states that the peak flows will be less and that this will help that water situation on Sunset, however that this won't help the overall problem but won't create any more. Minutes of the Planning Board February 20, 1996 page eight Zambouras adds that the lots in Danvers will be serviced by Danvers and the lots in Beverly will be serviced by Beverly. Dinkin: Motion to have City Solicitor review the Court Order remand and direct the Board at the next meeting, seconded by Delaney. All members in favor, motion carries. 4. Mors,an's Island Subdivision - Release of Lots 5 & 7 for Buildinl~ Purooses Only Hurlburt states that the Planning Board has received a letter from Dennis and Karen L'Italien seeking the release of Lot #5 and Lot #7 from the language of the Form G Restrictive Covenant posted as surety for this project for building purposes only (see file). Dinkin: Motion to release lots #5 and #7 in the Morgans Island subdivision for building purposes only, seconded by Papa. All members in favor, motion carries. 5. Chanticleer Drive Subdivision -Release of Lots #1 and #2 for Buildira, Punloses Only Hurlburt states that the Planning Board has received a letter from Daniel Finn seeking the release of Lots #1 and #2 from the language of the Form G Restrictive Covenant posted as surety for this project for building purposes only (see file). Dinkin: Motion to release lots #1 and #2 in the Chanticleer Drive subdivision for building purposes only, seconded by Sullivan. All members in favor, motion carries. 6. Subdivision Annroval Not Reauired (SANR) a. Pickman Road/Duane and Ellen Carbone Hurlbun explains that this ANR shows a division of lots creating a total of four house .lots, all lots have frontage on an improved public way in an R-10 district. Manzi asked if this plan complies with the City's Rules and Regulations. Hurlbun states that it does. Thomson: Motion to endorse the ANR plan for Pickman Road, seconded by Dinkin. All members in favor, motion carries. b. Morgan's Island/Dennis & Karen L'Italien Hurlbun explains that this plan indicates a change in lot lines within an R-15 district and is not creating any additional lots. Manzi asks if this plan complies with the City's Rules and Regulations. Hurlbun states that it does. Minutes of the Planning Board February 20, 1996 page nine Dinkin: Motion to endorse the ANR plan for Morgan's Island, seconded by Papa. All members in favor, motion carries. 7. Manlewood Vi!ial~e Subdivision Plan - Accentance Plans Hurlburt states that the developer has asked the Planning Board to table the discussion of this request until he can discuss issues with the Commissioner of Public Works due to Zamboums' concerns. Thomson: Motion to table this matter to the next meeting, seconded by Dinkin. All members in favor, motion carries. 8. Set Date for Public Hearing: Sam Fonzo Drive Definitive Subdivision Plan Hurlbutt states that a Definitive Subdivision Plan has been submitted for property located off Cherry Hill Drive and L.P. Henderson Road. Hurlburt states that the Board needs to set a date for a public hearing. Dinkin states that the Board should set a'separate meeting for this project because it may be a long public hearing. The members were in general agreement. Dinkin: Motion to set Public Hearing for a special meeting on March 12, 1996 at a location to be determined by the Planning Deparhnent, seconded by Delaney. All members in favor, motion carries. Set Date for joint public hearing: City Council proposed Zoning Ordinance amendment Order #36 Re: Bed and Breakfast Establishments Hurlbutt states that the Planning Department received a City Council Order to amend the current Zoning Ordinance regarding Bed and Breakfast Establishments. Delaney states that when the Planning Department responds to the City Council, he would like to suggest holding the meeting in the next month due to the large number of meetings the Board already has this month. Thomson: Motion to recommend to the City Council that a Joint Public Hearing be held on Council Order #36, seconded by Delaney. All members in favor, motion carries. 10. Adiournment Dinkin: Motion to adjourn, seconded by Dunn. All members in favor, motion carries.