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1996-06-18 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 June 18, 1996 Members present: Chairman James Manzi, Vice-Chairman Richard Dinkin, Steve Papa, Barry Sullivan, Joanne Dunn, Salvatore Modugno, Bill Delaney and Ellen Flannery. Also present: Planning Director Tina Cassidy, Commissioner of Public Works George Zambouras and Assistant Planning Director Debbie Hurlburt. Manzi calls meeting to order at 7:30 p.m. Dinkin: motion to recess to public hearing, seconded by Papa. All members in favor. Motion carries. Public Hearing: Waiver From Frontage of the Subdivision Control Law (M.G.L. Ch 41. S. 81-R) Brendan Teelini - 564 Cabot Street Cassidy reads legal notice for a Waiver from Frontage requirements of the Subdivision Control Law. Cassidy 'states that the applicant has received a variance from the Board of Appeal. Cassidy also reminds that Board of the case which requires applicants to receive a frontage waiver from planning boards after they have received a variance from board of appea~s. Attorney Thomas Alexander introduces himself to the Board and states that he is representing Mr. Teeling. Alexander states that this project was originally proposed as a five lot subdivision but was reconfigured to lessen the density. Cassidy reads letters from the Fire and Police Departments and the Board of Health (see file). Chairman Manzi asks if any members of the public would like to speak. Naomi Cohen of 31 Colgate Road asks Cassidy for clarification because she didn't understand the process. Cassidy states that this proposal is before the Planning Board because the property lacks the required 100 feet of frontage mandated by zoning. C~ty Hall 191 Cabot Street Beverlv Massachusetts 01915 (508) 921-6000 Fax (508) 922-0285 Minutes of the Planning Board June 18, 1996 meeting Page two Dinkin asks Cassidy what was the required frontage for a pork-chop lot. Cassidy states 75 feet. Sandra Bernard of 563 Cabot Street asks Alexander where the lots are located. Alexander indicates the lots that have the required frontage and the ones that do not. Manzi asks if there was any one else in attendance who would like to speak on this issue. There being none, Manzi declares the Public Hearing closed at 7:40 p.m. Continuation of a Concurrent Public Hearings: Sam Fonzo Drive Definitive Subdivision Plan and Watershed Protection Overlay District Snecial Permit Cassidy rereads legal notice for this Definitive Subdivision Plan and Watershed Protection Overlay District Special Permit. Cassidy updates the Board and states that the Board has been waiting for a response from the Fire Department. Cassidy also states that the Board has been waiting for a response from the Department of Public Works discussing the revised drainage cilculations. Cassidy reads letters from the Public Works and Fire Departments (see file). Attomey Thomas Alexander states that he has met with the Fire and Public Works Departments and have come to a conclusion on the issue of roadway grade. Peter Ogren from Hayes Engineering states that the Fire and Public Works Depathnents were originally concemed with the 8% grade. Ogren states that the resolution was to not allow greater than 7% grades at the two steepest locations and that the rest of the roadway profiles are less than 6%. Naomi Cohen of 3 1 Colgate Road reads a letter stating that she strongly objects to DPW Director George Zambouras' letter and that the meeting should not be closed until the public can review the plans and Zambouras' letter. Cohen also cites issues with widening the road, traffic access and egress at the Flatley Company. Cohen goes on to state that she would like to see the figures on the financial compensation in writing. Cohen adds that she has concerns because the gravel pit contains fly ash. Vincent Cotreau of 71 Enon Street asks Ogren if the 30% traffic increase from the new development was taken into consideration. Ogren states that the figures assume 500,000 s.f. of new building area. Cotreau asks Ogren if the new roadway could handle the potential traffic increase. Ogren states that it can, and that this project is currently under study with the Environmental Impact Report. Ogren states that there is a general consensus that in most industrial parks, with staggered hours that it would be sufficient. Minutes of the Planning Board June 18, 1996 meeting Page three Cotreau asks how the grant money is going to be paid back. Alexander states that the $1 million repayment will come from lot sales, which will be determined by the market. CotTeau states that there are wetlands in the vicinity and that so much of the land will be unusable for developers and there will be no payback. Alexander states that there will be a blanket mortgage over the entire property. Cotreau states that if there are a lot of wetlands on the property that it would be hard to sell and the City won't get the money back. Ogren states that there has been a buildout study done and that the wetlands have been taken into account and based on certain configuration of the lots and what each lot could support. Cotreau asks for the amount. Alexander states that $1,775,000 in grants have been received, and that Fonzo will repay $1 million. Alexander adds that the City benefits from this project because only 60% of the land is Fonzo property and that the rest the City owns. Alexander adds that the City will greatly benefit and that the State, not the City, is picking up the cost. Robert Perron of 8 Bass River Road questions the storm water and the control rates. Perron states that he doesn't understand where these structures will' be located and what they will function like and he is concerned with flood water. Ogren states that the Environmental Impact Report shows the location of the storm water management areas and indicates the storm water systems for the audience. Perron states that he would not like to see ponds and that they would not do a thing for anyone. Ogren responds that it makes no difference if an industrial park is built here or not because the same downstream condition would exist regardless. Pencon asks about the sewer pipe and how they anticipate tapping into Nursery Street sewer. Ogren states that this is not currently before the Planning Board. Public Works Commissioner Zambouras states that this project was design in the 1980's, however the project never moved forward because the funding source dried up. Zambouras adds that the City decided not to build then although it is needed because of the existing system inadequacy of sewer to the surrounding streets. Perron states that on page 9-5 of the Environmental Impact Report, which states the groundwater does not flow eventually into Wenham Lake and he believes that the groundwater does in fact flow this way and he is very concerned about this and the water supply. Perron goes on to comment that he challenges the Environmental Impact Report because it does flow toward Wenham Lake. Ogren responds that Perron has misquoted the report. Ogren explained the watershed area and how the water would flow away from Wenham Lake. Zambouras adds that borings were taken every 300' to determine the water flow. Minutes of the Planning Board June 18, 1996 meeting Page four Cassidy rereads letter from the Beverly/Salem Water Board (see file). Ogren adds that surface water flows with the contours where recharge occurs but that other issues are factored in such as capillaries. Ogren states that they did look at various borings and the level of the bedrock. David Lang, Chairman of the Beverly Conservation Commission states that the Commission is currently reviewing this filing for wetlands flagging. Naomi Cohen reads a letter from Renee Mary of 247 Hale Street. Zambouras states that in a report dated in 1978-79 from the Environmental Protection Agency did not recommend that the airport be tied into the Bass River. Ogren adds in response to a question from the audience that the FAA would not take jurisdiction over the neighborhoods. Renee Mary of 274 Hale Street states that there should be a dye test, and that some of what she is hearing are inaccurate statements. Manzi asks if there is anyone else who would like to speak on this proposal, there being none the concurrent Public Hearings are declared closed at 8:45 p.m. Dinkin: motion to recess for five minutes, seconded by Delaney. All members in favor. Motion carries. Discussion/Decision: Waiver from Frontage of the Subdivision Control Law (M.G.L. CH 41, S. 81-R} - Brendan Teelin~ - 564 Cabot Street Cassidy reviews with the Board what waivers are being sought for this proposal, Section III.C. 1 .b, General Definitive Plan Filing Requirements; Section III.C.2, Definitive Plan Contents; Section III.C.8, Performance Guarantee; Section III.C.9, Reduction of Bond Surety; Section III.C. Release of Performance Guarantee; Section IV, Design Standards; Section V, Required Improvements for an Approved Subdivision. Dinkin states that this seems to be the creation of two pork-chop lots with slightly smaller frontages. Sullivan asks Alexander if a provision can be placed on the plan stating that no further subdivision so as to create additional building lots. Alexander states that he does not feel that would be a problem, and that he doesn't feel that they could further subdivide anyway, and he would not have a problem with that being part of the decision. Minutes of the Planning Board June 18, 1996 meeting Page five Dinkin: motion to grant following waivers requested for 564 Cabot Street, Section III.C. 1 .b, Section III.C.2, Section III.C.8, Section III.C.9, Section III.C, Section IV, and Section V, seconded by Papa. All members in favor. Motion Carries. Dinkin: motion to approve the Definitive Subdivision Plan and grant wavier of frontage regulations in accordance with M.G.L. Chapter 41, Section 81R, provided a notation is placed on plan prohibiting further subdivision so as to create additional building lots and the condition is made a condition of approval, seconded by Sullivan. All members in favor. Motion carries. Discussion/Decision: Sam Fonzo Drive Definitive Subdivision Plan and Watershed Protection Overlay District Soecial Permit Cassidy updates the Board as to what the proposal is seeking in terms of waivers (see file). Manzi asks if any of the Members have any more questions. Delaney states that it appears that all the information that the Board was seeking has been addressed, specifically, the waiver from the grade has been reduced from 8% grade to less than 7%, a sidewalk has been added to one side of the roadway, and the drainage calculations are acceptable. Delaney adds that a notation should be added on the plan that all the lots are subject to site plan review approval and that the applicant must obtain all applicable permits. Sullivan asks Zambouras if he would go over the downstream drainage improvements. Zambouras states that the drainage improvements which were designed by Camp Dresser and McKee indicate that the proposed pipe is sufficient to handle the drainage. Dinkin states that there is clearly overlapping jurisdiction and multiple reviews. Dinkin adds that projects that do not have all permits will not proceed, and that the best way to serve the public imerest is to attend to these items that fall within the Board's jurisdiction. Delaney states that there has been a lot of input from the developer, City agencies and the public on these filings and that he is prepared to move forward and make a decision on this issue. Delaney: move to gram Waiver of Section III.B.2.e, requiremere that trees 6" in caliper or greater be shown on the plan, seconded by Dinkin. All members in favor. Chairman votes in favor. Motion carries. Delaney: move to grant Waiver of Section IV.A.2.b, requirement that centerline radii be at least 300' to the extent shown on the plan, seconded by Sullivan. All members in favor. Chairman votes in favor. Motion cardes. Minutes of the Planning Board June 18, 1996 meeting Page six Delaney: move to grant Waiver of Section IV.A.4.b, requirement that maximum roadway grades at the locations shown on the plan not exceed 6%, requirement is waived to allow grades of less than 7%, seconded by Dinkin. All members in favor. Chairman votes in favor. Motion carries. Delaney: move to gram Waiver of Section IV.I, V.D, V.I, requirements to allow installation of sidewalk on only one side of roadway, that the location of the sidewalk within the right-of-way can be adjacent to the curb at wetlands crossing only, that grass strips between the curb and sidewalk may be eliminated in the vicinity of wetlands crossings only, and that retaining wails may be located within the limits of the right-of-way in the vicinity of wetlands crossings, seconded by Papa. All members in favor. Chairman votes in favor. Motion Carries. Delaney: move to grant Waiver of Section V.B.4, to allow grading outside the right-of-way to 2-feet horizontal to 1-foot vertical in cut and fill areas, seconded by Papa. All members in favor. Chairman votes in favor. Motion carries. Delaney: move to grant Waiver of Section V.E. 1, to allow the use of bituminous concrete, seconded by Papa. 3-4, motion fails. Manzi asks if there is any discussion on the motion. Dinkin states that this Board has not permitted the use of bituminous concrete in 12 years and that he believes that nothing compels one to use it elsewhere. Delaney: move to grant waiver of Section V.E. 1, to allow the use of sloped granite curbing, seconded by Modugno. All members in favor. Chairman votes in favor. Motion carries. Delaney: move to approve the Definitive Subdivision Plan and grant the Special Permit for commercial/industrial development in the Watershed Protection Ove~ay District subject to the following conditions: 1. That all lots developed in this subdivision shall be required to submit plans for site plan review by the Planning Board, and that all site plans submitted shall include detailed drainage analyses for review; 2. That all other federal, state and local approvals necessary for this project be received/granted by the appropriate agencies; 3. That the downstream drainage improvements outlined in a letter from Commissioner of Public Works George Zambouras dated April 30, 1996 be constructed and in place prior to the issuance of any building permits: Minutes of the Planning Board June 18, 1996 meeting Page seven 4. That a detailed design of the superelevation of the roadway at Sta. 7+25 be submitted to the Commissioner of Public Works prior to construction; and 5. That a notation shall be added to the definitive subdivision plan referencing the Soil and Solid Fill Regulations promulgated by the Beverly Board of Health, seconded by Dinkin. All members in favor. Chairman votes in favor. Motion carries. Delaney adds that there has been discussions regarding the establishment of no-build zones; however there has not been discussions regarding the distances. Dinkin states that his is sympathetic to the abutter's concerns but he believes that this can be dealt with under the auspices of site plan review. 3. Subdivision Anoroval Not Required (SANR) a. 42 Paine Avenue/Ford & Kathryn O'Neill Cassidy explains that this plan has been filed as an ANR. Cassidy explains the criteria to be considered an ANR, and goes on to state that this filing is being submitted with the third criterium as the test which is the one regarding the adequacy of the road to provide access. Cassidy states that the Board must determine whether the layout of the roadway is adequate to handle traffic. Attorney Thomas Alexander recites Chapter 41, Section 81L pertaining to this criterium and that there is also case law entitled Hutchinson and Hingham as well as the Gifford case. Alexander goes on to state that this roadway services more than 15 homes and that the Public Works Department does not have a problem servicing them. Dinkin asks whether the surface of road is paved. Alexander states that it is. Delaney states that he does not know what Paine Avenue looks like and would like to view the site. Alexander states that he has no problem extending the deadline for a decision on this proposal to the July 16, 1996 meeting. Sullivan states that the Fire and Police Departments may have an opinion on this project. Dinkin: motion to accept letter of extension by the applicant for 42 Paine Avenue and send a letter to the Fire and Police Departments to review the location as to the adequacy of the way, seconded by Sullivan. All members in favor. Motion CarrieS. Minutes of the Planning Board June 18, 1996 meeting page eight Dinkin adds that lots 1 &2 are shown with 90,000 s.f. of area and seems to include the area of a private easement. Dinkin suggests that the lots may not be conforming because of the recent amendment to the definition of lot. Alexander will review and revise the plan if necessary. b. 232 Hale Slxeet/Madolvn Tolvanen Cassidy states that this ANR is proposed under provision 41-81L which states that lots with structures built before the subdivision regulations went into effect are exempt. Cassidy adds that the plan conforms to all of the City's Rules and Regulations. Dinkin had a concern that one of the lots was undersized and wonders if there was a reason that it was not divided more evenly. Attorney John Glovsky states that there is an old stone wall that is existing and would need to be moved to accommodate this. Dinkin: move to endorse this plan as an ANR for 23 Hale Street, seconded by Papa. All members in favor. Motion carries. c. 33 Hathaway Avenue/T Ford Company Cassidy updates that Board and indicates that this plan was originally before them as a Special Permit request for a Pork-chop lot which the Board approved. Cassidy states that the this plan has created tiny parcels in the back to convey to the adjacent property owners. Manzi asks if this conforms to the Beverty's Rules and Regulations. Cassidy states that it does. Delaney: move to endorse this plan as one not requiring subdivision approval subject to a note being place on the plan stating that no further subdivision can occur so as to create additional building lots, and the submission of easement language to the City Solicitor, seconded by Dinkin. All members in favor. Motion carries. 4. Discussion/Decision: Woodland Road Preliminary Subdivision Plan Cassidy states that this proposal has not yet received a list of waivers and no revised plans showing the roadway connection with Montserrat Road more clearly have been submitted for the Board's review. Attomey Thomas Alexander states that he has had discussions with the Fire Chief and the DPW Director and they did not indicate that there were any problems. Alexander states that the Fire Chief wanted to have the grades kept below a 7% grade. Peter Ogren from Hayes Engineering stated that there were no revised plans because this is a preliminary plan, and that the list of waivers will be submitted when the definitive is submitted. Minutes of the Plann'mg Board June 18, 1996 meeting Page nine Cassidy reads a letter from the Fire Department and DPW Director George Zambouras (see file). Dinkin asks about the layout of Road A and what its width is. Ogren states that it is 40' wide but could be laid out to 50'. Dinkin states that he preferred to see it as 50'. Delaney asks what is Zambouras meant regarding improvements to off site drainage. Zambouras states that there are minor problems with some areas on the other side of Colon Street. Dinkin: move to approve the preliminary plan, seconded by Modugno. All members in favor. Motion carries. Chanticleer Drive - Acceptance of Letter of Credit, Release of lots for sale purposes Dan Finn. Carria~,e Hill Realty Trust Cassidy states that Mr. Finn is here to request the Board accept a Letter of Credit as surety, and to release all lots for building purposes. Cassidy adds that the Board has not yet received a passbook account as required for maintenance of drainage structures. Dinkin states that the Board should release only one lot until that pass book has been submitted. Dinkin: move to accept Letter of Credit as surety for Chanticleer Drive, seconded by Sullivan. All members in favor. Motion carries. Dinkin: move to release Lot #3 for building and sale purposes, seconded by Flannery. All members in favor. Motion carries. Morgan's Island Subdivision - Request to establish bond amount, accept surety, release lots for buildin~ and sale OurDoses/Dennis & Karen L'Italien Cassidy updates that Board regarding the change that has occurred on this proposal. Specifically, the developer has installed a paved roadway under the specifications of the Fire Chief without the approval of the Board due to the Chief stating that he has sole authority in requiring specific roadway widths. Cassidy states that she has written a letter to the City Solicitor asking his opinion as to whether the Fire Chief has the authority to change the requirements which were previously approved by the Board, and has not yet received a written response from the Solicitor. Cassidy states that she has concerns regarding the need to hold a public hearing for a modification and that process to follow. Minutes of the Planning Board June 18, 1996 meeting Page ten Dinkin states that there is a need to require that the processes be adhered to. Dinkin adds that he does not intend to penalize a taxpayer because a public servant has exceeded his authority. Dinkin believes that it is the abutters who have been injured. Manzi states that there is an abutter here that would like to comment on this development. Dinkin: move to suspend the rules to allow an abutter to speak on this issues, seconded by Sullivan. All members in favor. Motion carries. Charles Grimes of 26 Old Town Road states that his view of this issue is that he has purchased property on a cul-de-sac and that his property value has been damaged because he now has a thoroughfare. Grimes states that this is an outrage, and that he sat on this Board when this project was before the Planning Board, and what was approved was two parallel concrete slabs separated by grass and now what he has is nothing of that nature. Grimes states that he believes that this is a regulatory taking and he urges the Board to reverse what has occurred. Delaney states that he agrees with Grimes and he also remembds the plan that was approved and that the Fire Chief may have exceeded his authority, and that he is interested in seeing that Mr. L'Italien can move forward with the sale of lots in this subdivision. Cassidy states that the Board could release lots 5 & 7 for sale purposes, lots which were previously released for building purposes only. Cassidy also adds that the Board has received a request for a minor modification to change this emergency access road. Dunn asks what has changed in the subdivision to have this situation created. Cassidy reviews the history with the Board. Dinkin states that the L'Italien's need to be cognizant of their fight to liftgate if the issue cannot be resolved. -- Dinkin: move to set bond amount at $166,000 to guarantee completion of the Morgan's Island subdivision, seconded by Sullivan. All members in favor. Motion carries. Dinkin: move to accept a tfi-partite agreement as surety between the developer, the City and the Heritage Cooperative Bank in the amount of $166,000 as surety, seconded by Delaney. All members in favor. Motion carries. Dinkin: move to release lots #5 & 7 for sale purposes and all remaining lots released for building purposes only, seconded by Sullivan. All members in favor. Motion canies. Minutes of the Planning Board June 18, 1996 meeting page eleven Dinkin: move to find the proposed modification is a major modification, seconded by Delaney. All members in favor. Motion carries. Dinkin: move to set a public hearing on this major modification to the Morgan's Island subdivision for July 16, 1996, seconded by Papa. All members in favor. Motion carries. Laurel Ridge - Request to extend construction completion date for subdivision referenced in Form G Restrictive Covenant hosted as suretv/N.E.H.S. Pronerties. lnc. Bob Fanning of Beverly Hospital states that since the last time the Board discussed the extension of a construction completion date, the employee in charge of the project has left his position and unfortunately it was not handed off to anyone else. They are proceeding with negotiations with a private contractor to develop this subdivision, and asks the Board for a six month extension of the construction completion date. Dinkin: move to grant a six month extension for a 6onstruction completion date to December 29, 1996, seconded by Delaney. All members in favor. Motion carries. 8. New or Other Business a. Request for Minor Modification: Morgan's Island/Old Town Road/Charles Grimes Manzi asks Grimes to explain the nature of his request. Grimes informs the members that he owns the parcel of land at the comer of Old Town and Morgans Island Road. The subdivision plan for the Oak Heights subdivision, of which Old Town Road was a part, was approved by the Planning Board in the mid 1980's and showed a sidewalk being constructed along his lot to the center of turnaround. Since his house is the last lot on the street he would like to request a modification to the approved plan to eliminate that portion of the sidewalk that runs along his property to the center of the cul-de-sac. Dinkin: motion to find the requested modification of the Oak Heights subdivision to be a minor modification, seconded by Delaney. All members in favor, motion carries. Dinkin: motion to approve the minor modification to the Oak Heights subdivision, seconded by Delaney. All members in favor, motion carries. Minutes of the Planning Board June 18, 1996 meeting page twelve 9. Apnroval of Minutes - May 21. 1996 meetin,, Manzi asks if there are any corrections that need to be made to the minutes of May 21, 1996 meeting. Them are none. Dinkin: motion to approve the minutes of May 21, 1996 meeting, seconded by Sullivan. All members in favor, motion carries. Delaney informs that Board that his personal schedule will not allow him to attend the July meeting of the Board. Dinkin: motion to adjourn, seconded by Delaney. All members in favor, motion carries. The meeting was adjourned at 11:10 p.m.