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1996-04-01 ,irman James A. Manzi Vice Chairman RichBrd 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 Monday, April 1, 1996 Special Meeting Members present: Chairman James Manzi, Vice-Chairman Richard Dinkin, Salvatore Modugno, John Thomson, Ellen Flannery, Joanne Dunn, Steve Papa and Bill Delaney. Also present were City Planner Tina Cassidy, Assistant City Planner Debbie Hurlburr and Commissioner of Public Works George Zambouras. Manzi calls the meeting to order at 7:30 p.m. Dinkin: motion to recess for public hearings end reconvene, seconded by Thomson; all members in favor, motion carries. Public Hearing (continued): Aileen's Way Definitive Subdivision off Meadow Road / Richard and Aileen L'Abbe Cassidy rereads the legal notice and explains that the applicant and the Dallas' attorney were to meet to discuss the Woods Road access issue and to try to come to some type of resolution. Attomey Thomas Alexander addressed the Board and stated that he did in fact meet with Attorney Mark Glovsky and the Dallas' regarding the road and discussed the possibility of providing a stub through Lot 5, if the Dallas' gave a land swap to the back of Lot 5. Alexander states that the Dallas's did not wish to do that as this time. Jack Shide, President of the Willow Pond Association states that he has a petition that contains signatures from 32 lot owners that have water coming onto their property. Dinkin asks where the stub-outs are located. Alexander states that they would stub to the North but not stub to the South. Manzi states that abutter Maestronzi was concerned with his easement which crosses over the applicants prope~7. Alexander states that they have already concluded that it is a land court fight-of-way, and it is a way that has 10-12' in width, and there will be no blockage. City Hall 191 Cabot Street Beverly, Massachusetts 01915 (508) 921-6000 Fax (508) 922-0285 Minutes of the Planning Board April 1, 1996 meeting page two Dinkin asks if the two lots that the right-of-way crosses will have easements. Alexander states that they will. Delaney asks if the engineer could talk about the drainage in the area and give the Board an overview. Bill Manuel of Hancock Environmental states that this is a closed drainage system, and that the outlet will go to one or two detention systems, or to open space area at Willow Pond. Manuel states that he has discussed this with the City Engineer to meet the City's concerns and that they have been addressed. Manuel adds that the drainage calculations and the 100 year m-off does not increase the m-off, and to a small degree it improves the area. Manuel states that most of the flow ms away from the pond and only a small portion of m-off flows toward the pond. Delaney asks what are the characteristics of these detention ponds. Manuel states that they are shallow, grassy, with one to two feet of area which will be maintained by the City. Delaney asks if the m-off will flow to catch basins. Manuel states that it will. Delaney asks where they continue to. Manuel states that the catch basins connect to a concrete pipe. Detaney asks how big the pipe is. Manuel states that it is a 24" rcp. Delaney asks what is expected of the City in order to maintain the system and where does the liability lie. Alexander states that the ownership will be with the property owner and ms'retained by the City only. Cassidy states that the deeds will have a record on the deed stating that the owners are responsible. Cassidy reads comment letter from the Fire Deparm~ent (see file). Cassidy had asked George Zambouras to attend the meeting to explain this subdivision and how this proposal affects the Willow Pond development. Zambouras states that the Conservation Commission' s filing shows a pvc pipe but the original filing does not, although the Conservation Commission did approve the plan showing the pvc pipe. Zambouras adds that he has reviewed the calculations and that this development did not have an adverse impact on Willow Pond. Delaney states that there seems to be flooding problems there. Zambouras states that the pond is described as a detention basin and the outlet has control structures to limit how much is released. Additionally, the Conservation Commission denied some of these lots to be built upon but the Department of Environmental Protection superseded the Commission and let the lots be built. Delaney asks if there are any further problems at the outlet. Zambouras states that he can look at the outlet to see if it is releasing enough water. Zambouras adds that the open brook at Old Essex Street could be enlarged, it is deep enough but not wide enough. Zambouras states that this proposal will be adding volume but the rate is not increased. Minutes of the Planning Board April 1, 1996 me~ing page three Thomson asks if there has been any 100 year storms lately. Zambouras states no, but the last big storm was in October, which was not a 100 year storm but it was close. Zambouras states that it rained 5.2" in 6-8 hours. Thomson asks if the existing Willow Pond is functioning currently. The residents responds no in nnison. Zambouras asks why the residents do not believe that it its functioning correctly. Shide states that Meadow Road flooded in May of 1987. Shide also states that the Conservation Commission did some work at the upper area to try and replicate the area to no avail. Shide states that the 24" pipe is not up to spec and that the water is not flowing as it should, and that 6' of the shore line has been eaten up by previous storms which are not even the 100 year storms. Shide adds that there has been water problems now and more development will only have an adverse affect on the area. Shide supplied the Planning Board will a petition stating that drainage is a problem, and that as the situation stands now more water can not be tolerated. Manzi states that when this subdivision was being constructed the Planning Board went out to where the contractor was digging and the foundations appeared too deep. Manuel states that this is a six lot subdivision and the drainage for four of the house lots are flowing in a different direction, to a different water shed, and that only a small mount of water is flowing toward Willow Pond. Jane Pica of 24 Meadow Road states that she built a home two years ago and she has the highest foundation and water is still a problem. Manuel states that Pica lives where the Conservation Commission denied approval and that it was superseded by the Department of Environmental Protection and the land was a filled area. Ken Noonan of 28 Meadow Road states that trees have been cleared for conservation reasons in the back in the past two years and there was an increase in water just from the clearing of trees. Gene Kokoska of 26 Meadow Road has concerns regarding the existing water problems. Janet Appleton of 320 Essex Street states that part of the pond is on her property and that there is a dam there that stops the flow and that this brook should be free flowing. Renee Mary of 240 Hale Street states that something should be done about the brook to improve the conditions. Thomson asks Appleton if the dam between Willow Pond and her pond is preventing water to come onto her property via the brook. Appleton responds yes. Thomson asks if during flood conditions if there is any water in her pond. Appleton responds that her pond will get wet but then will dry out. Minutes of the Planning Board April 1, 1996 meeting page four Zambouras states that the dam is holding back more water then was originally built to do. Shide states that the Willow Pond Association is currently paying for maintenance of the control structure. Alexander states that the Conservation Commission did issue an Order of Conditions which were not appealed. Thomson states that during the site visit he saw a pipe that was quite high and asks if it is intended for overflow. Zambouras responds that he believes that the pipe is too low not too high. Dinkin asks if it is fair to say that the drainage system is badly implemented. Zambouras responds no. Shide states that in 1990 the Conservation Commission did a study of the Willow Pond floor and presently with the addition of silt and peat that the Pond is in jeopardy. Cassidy reads petition from the Willow Pond Association (see file). Delaney asks if there is an interrelationship between the outflow of the existing pond and the increase of volume of water as it affects the existing subdivision. Delaney asks if it is necessary to know if the existing pond is working and how that affects the entire drainage system. Zambouras responds that there is an interrelationship if the existing control structure is functioning, and that is a crucial issue. Zambouras adds that the control structure has an emergency overflow which will still allow for the water to spill over. Manzi asks there was any other comments regarding this proposal. There being none Manzi declared the Public Hearing closed. · Public Hearing (continued): Pearson Road Definitive Subdivision off Old Rubbly Road Cassidy rereads legal notice for this Definitive Subdivision plan. Cassidy also read Department comxnent letters. Alexander states that he met with the neighbors and discusses the 20' no-cut buffer on the edge of the rear of the subdivision. Alexander adds that they are seeking a waiver for the sidewalk adjacent to the Martucci property which would instead have a landscaped buffer instead of a sidewalk. Minutes of the Planning Board April 1, 1996 meeting page five Tim LiPorto of 2 Old Rubbly Road asks if there are improvements to Essex Slxeet and if there is adequate flow. LiPotto asks if changing the size of the pipe will have capacity to carry current flow and additional flow. LiPorto asks is the madway is longer than the 500' requirement. LiPorto states that Palardy was the co-developer of Old Rubbly Road which took five years to finish and he didn't ridfill what was initially slated to be done. LiPorto ash who is to provide fire protection, and that the fife boxes don't currently work and are not connected. LiPorto asks if there are any waivers requested. Cassidy reads wavier list (see file). Cassidy responds to the issue of the length of the roadway. Cassidy states that due to the required installation of an emergency access road between Hathaway Avenue and Old Town Road, there will be a second means of access, and emergency vehicles could access this vicinity quickly, therefore the 500' rule is not an issue and no waiver from that requirement will be necessary. Alexander states that the fire boxes are there however he has been waiting for the City Electrician to come down to the area to connect the box. Zam,bouras states that City Electrician Fred Young is checking out prices. Cassidy asks what the name of the new roadway would be. Palardy responds that it will be Sunday Drive. Ralph Parker of 51 Hathaway Avenue states that he bought his house in 1960, and asks if his street is to be considered no longer a dead-end slxeet, and if it is, is it due to the emergency access issue. Parker adds that two years ago he had 6" of water in his basement and he had to have 5 pumps going to get the water out. Engineer Vernon Leblanc states that water will be diverted down the new subdivision road to Essex Street. Manzi asks if the City is responsible for cleaning of easements. Zambouras responds that the City will clean even if there is no easement. Manzi asks if there are any more comments regarding this proposal. Hearing none Manzi declared the Public Hearing closes. Dinkin: Motion to recess for five minutes, seconded by Flarmery. All members in favor. Motion carries. Meeting was reconvened at 9:05 p.m. 1. Discussion/Decision: Aileen's Way Definitive Subdivision off Meadow Road Cassidy restates that the Public Heating portion had been closed. Minutes of the Plann'mg Board April 1, 1996 meeting Page six Dinkin states that there were a number of waivers and asks Cassidy if she would reread them. Cassidy rereads waiver list (see file). Thomson states that there is one waiver that bothers him and that is the waiver of the 500' length of the dead-end street. Thomson states that the drainage situation also concerns hun, and that the drainage is already muddled out there and that this proposal would be an additional burden to Willow Pond. Delaney states that he feels the same, and that the water situation is very troubling. Delaney adds that the Board has an opinion from the DPW which indicates that the design calculations compliment the City' s Rules and Regulations, but we have a deficiency in our information, not in theory but in actuality and that it is critical that we look at what is curren~y happen'rag there. Delaney states that he agrees with Thomson that the 500' road length is an issue. Dinkin states that it is clear that this developer cannot be held responsible for a system that is not functioning previously. Dinkin adds that this project abuts an area that is troubled from a drainage prospective and that the addition of more water flow is troubling. Dinkin adds that in the informal discussion of this project the Planning Board members voiced that the extension of the 500' waiver was going to be troublesome, and that this extension is almost 3 times the length of what the Rules and Regulations allow. Cassidy responds that the Board must file their decision by tomorrow or seek an extension. Thomson: Motion to deny the applicants' request for a waiver of the Board's regulation regarding the maximum length of a dead-end street, and approve the rema'ming requested waivers, seconded by Dinkin. All members in favor. Motion carries. Alexander states that he would like to withdraw, without prejudice, the subdivision application from the Board's consideration. Cassidy states that she needs a letter in writing. Casstdy reads the request to withdraw without prejudice letter. Thomson: Motion to allow applicant to withdraw without prejudice for the Definitive subdivision for Aileen's Way, seconded by Dinkin. All members in favor. Motion carries. 2. Discussion/Decision: Pearson Road Subdivision off Old Rubblv Road Cassidy reminds members that the Public Hearing is closed. Cassidy readdresses the waivers that are requested. Minutes of the Planning Board April 1, 1996 meeting page seven Dinkin states that prior to voting the Board may want to look at the Order of Conditions issued by the Conservation Commission. Hurlburr responds that the Conservation Commission has not yet issued an Order of Conditions and will be discussing this proposal at their April 9 meeting. Thomson asks that if the 12" pipe was replaced would that solve some of the problems. Zambouras states that it would, however the section of pipe was supposed to be removed previously but the homoowner would not allow access to the properly. Thomson asks if the City can speak to the applicant about bearing the cost of the installation of the new pipe. Zambouras states that he could. Cassidy asks if a cost estimate could be ascertained. Zambouras states that it easily could. Cassidy states that there definitely is an easement but she doesn't know if it is a City easement. Manzi states that the Board needs to know more about the easement situation. Delaney asks who owns the pipe. Zambouras states that if it does not benefit the City then the homoowner owns the pipe. Cassidy explains the time line that the Board must make their decision. Alexander states that the problem with the pipe is that the City does not know where the 12" pipe extends to and where it ends. Delaney asks where the pipe expands out. Zambouras responds to the south and east of the roadway. Thomson: Motion to table discussion of this proposal to the Board's next meeting on April 17, seconded by Dinkin. All members in favor. Motion carries. 3. Discussion re~ardin~ City Council Order #36 Cassidy reiterates Council Order #36 regarding an amendment which would increase the maximum number of rentable rooms in bed and breakfast establishments from three to five. Dinkin: Motion to recommend City Council Order #36 be adopted, seconded by Papa. All members in favor. Motion carries. 4. Discussion rel~ardinl/City Council Order #115 Cassidy reiterates Council Order #115 regarding an amendment which would require Commercial Mobile Radio Service (CMRS) transmission devices be required to obtain a special permit. Minutes of the Planning Board April 1, 1996 meeting page eight Dinkin: Motion to recommend City Council Order #115 be adopted, seconded by Thomson. All members in favor. Motion carries. 5. Minutes Dinkin: Motion to approve the minutes of March 19, 1996, seconded by Hannery. All members in favor. Motion carries. 6. Old/New Business Cassidy reminds members that the Board would be meeting on Wednesday, April 17, 1996 instead of Monday, April 15 due to the holiday and the Council needing the Chamber, therefore the Board's meeting will be bumped to Wednesday evening. Cassidy states that members will be invited to an appreciation night sponsored by area business initiated by the Mayor for May 3, 1996 at the Victoria-Rocci Post. Cassidy hands out a list of proposed zoning amendments which she wanted the Board to review and for discussion at a later date. 7. Adiournment Dinkin: Motion to adjourn, seconded by Thomson. All members in favor. Motion carries.