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1996-11-19Chairman James A. Manzi Vice Chairman Richard Dinkin Plannlng Director Tina P. Cassidy Wilfiam Delaney Joanne Dunn Ellen K. Flannery Salvatore Modugno D. Stephen Papa Barty Sullivan John Thomson Minutes Beverly Planning Board November 19, 1996 Meeting Members present: Chairman James Manzi, Joanne Dunn, Bill Delaney, John Thomson, Barry Sullivan, Ellen Flannery, Stephen Papa, Salvatore Modugno; also present: Planning Director Tina Cassidy, Assistant Planning Director Pebble Hurlburr and Susan Akerman, Secretary to the Board. Chairman Manzi calls the meeting to order at 7:30 p.m. Delaney: motion to recess for public hearings, seconded by Sullivan. All in favor, Motion carries. Public Hearing: Special Permit application #93-96 for pork chop lot at 22 Paine Avenue / Paul Quinn, First City Development Corporation. Cassidy updates the members and states that memorandums have been forwarded to the City Solicitor's Office but there has been no response as of yet. Cassidy states that final flow tests have been done but there have been no comments yet. Delaney: motion to continue public hearing to the next meeting scheduled for December 17, 1996, seconded by Sullivan. All in favor, Motion carries. Delaney: motion to reconvene to regular session, seconded by Sullivan. All in favor, Motion carries. Discussion/decision: Special Permit application #94-96 and site plan review application #27-96 for addition to Mayflower Moominq House on Cabot Street / Robert & Cheryl Brilliant. Delaney states that he is concerned that the proposed addition to the Mayflower Rooming House is not appropriate for piece of property and that the intensity for the location is not appropriate. Delaney states that he is also concerned for the City Hall 191 Cabot Street Beverly, Massachusetts 01915 (508) 921-6000 Fax (508) 922-0285 P1Rnning Board Minutes Nov-mher 19, 1996 Meeting Page Two abutters in the rear for what is proposed, and believes it will change the character of the area and affect their property value. Thomson states he shares Delaney's concerns and states that he is concerned with the dimensional aspect of the building and believes that the property value will be impacted. Cassidy summarizes Alexander's letter. Delaney: motion that special permit application #94-96 and the site plan review application #27-96 for an addition to the Mayflower Rooming House be denied on the grounds that the site at 325 Cabot Street is not an appropriate site for use being proposed; that the characteristic of the neighborhood will be adversely affected; that there is factual evidence that property values of adjacent properties will be adversely affected and that nuisance and traffic would result from the addition, seconded by Thomson. All in favor, Motion carries 7-1 abstention. Discussion/decision: Woodland Road definitive subdivision plan / S & J Development. Cassidy updates the members and states that a request was received from the Commissioner of Public Works for supplement drainage information and that numerous letters have been received from neighbors and a signed petition has been received and filed. Delaney states that there is information that has not yet become available that is critical before the Board can make a decision. Delaney: motion to accept the extension that has been submitted by applicants attorney, seconded by Sullivan. All in favor, Motion carries. Delaney: motion to continue discussion to the December 17, 1996 meeting, seconded by Flannery. All in favor, Motion carries. Discussion/decision: Porter Terrace Preliminary SubdivisioD Plan / Crosby and Davis. Cassidy update the Members. Delaney states that he has looked at the site and he is concerned with the configuration of the hammerhead turn around, and the two waivers (a) the radius at Porter Terrace and (b) the width of the pavement. Planning Board Minutes November 19, 1996 Meeting Page Three Thomas Alexander addresses the Board and states that they will look at the design of the hammerhead and radius. Alexander states that this is essentially a long driveway to service two lots. Delaney asks Alexander if he and his client would grant an extension. Alexander responds yes. Delaney: motion to accept Attorney Alexander, Motion carries 7-1. the extension being seconded by Flannery. submitted by All in favor, Delaney: motion to continue the discussion on the preIiminary subdivision plan to the December 17, 1996 meeting, seconded by Sullivan. All in favor, Motion carries 7-1. · Subdivision Approval Not Required Plans (SANR's). a. Dodqe Street / Crosby Cassidy explains that the owners of this property are seeking to divide the lot into two to create a second lot. Lot 9A has 100 feet of frontage on Perishing Avenue and Lot 10A has more than the necessary frontage. The plan meets the Board's requirements for ANR plans and should be endorsed as such. Delaney: motion to endorse the plan of land for Dodge Street as one not requiring approval under the Subdivision Control Law, seconded by Modugno. All in favor, Motion carries. b. Thissel Street Cassidy explains that Parcel A, Lot 2A, is being conveyed to Benjamin and Cecily Voughan. The plan meets the Board's requirements for ANR plans and should be endorsed as such. Delaney: motion to endorse the plan of land for Thissel Street as one not requiring approval under the Subdivision Control Law, seconded by Papa. All in favor, Motion carries. c. Access Road / Carnarvale Cassidy states that the Board previously approved a pork-chop lot special permit for this lot and that it was now appropriate to sign this as an ANR Plan. The plan meets the Board's requirements for ANR plans and should be endorsed as such. Delaney: motion to endorse the plan of land for Access Road as one not requiring approval under the Subdivision Control Law, plan is not to be released from the Planning Department until the City Clerk's signature indicating that the Planning Board Minutes November 19, 1996 Meeting Page Four appeal period has passed and no appeal action was taken, seconded by Sullivan. All in favor, Motion carries. Oak Heights Estates: set-aside funds for "improvements" Request from tot lot residents to reallocate from "maintenance" to Cassidy updates M~mhers and states that the residents want the $3,000.00 that has been set aside to maintain the tot lot to be used to improve the lot. (i.e. trash barrels, trees, wood chips replaced). Thomson: motion to authorize George Zambouras to use the $3,000.00 that has been set aside for maintenance and/or a combination of maintenance/improvements, seconded by Modugno. All in favor, motion carries. 646 Hale Street: Request for finding of specific and material change to variance appl~,cation; permission to reapply to the Board of Appeals within two years of a variance denial / Attorney Thomas Alexender Attorney Alexander addresses the Board and states that he went before the ZBA to request a variance petition. Alexander explains that the variance petition exists for a three family house and his client is seeking to get variance to create two lots plus maintain the three family dwelling but. to be used as only a two family house. Alexander states that a driveway exists and that the access is not as good as it should be but access of the driveway will be widened sufficiently enough so that the City can get emergency vehicles in. Delaney: motion to find specific and material changes to application present now as oppose to original, seconded by Papa. All in favor, Motion carries 8-0. Delaney: motion to grant applicant to reapply to the Board of Appeals for a variance, seconded by Modugno. All in favor, Motion carries 8-0. Approval of Minutes: September 12, 1996 regular October 9, 1996 Special Meeting, October 15, 1996 Meetinq, and October 28, 1996 Special Meetinq. meeting, Regular Chairman Manzi asks if there are any corrections that need to be made to the minutes as drafted. There are none. Delaney: motion to approve the minutes of the Board's September 12, 1996 regular meeting, the Board's October 9, 1996 special meeting, the Board's October 15, 1996 regular Planning Board Minutes Nov.mher 19, 1996 Meeting Page Five meeting and the Board's October 28, 1996 special meeting, seconded by Thomson. All in favor, Motion carries. · New or Other Business a. 30 Rantoul Street: Special Permit / Fire House Takeover / L. ltalien Cassidy updates the Members and states that the applicant wants to open a fast food establishment on the first floor of 30 Rantoul Street, that the applicant went to the Board of Appeals to seek permission for a variance and is now seeking permission f~om the Planning Board that a special permit be granted and requests the Board to schedule a public hearing at the next regular meeting. Thomson: motion to set a hearing date for meeting, seconded by Sullivan. carries. the December 17, 1996 All in favor, Motion b. Conifer WaY: Accept passbook for sale of lots. Cassidy updates the Members. Delaney: motion to accept the certified check in the amount of $14,312.00 as surety to guarantee completion of Conifer Way development, seconded by Sullivan. All in favor, Motion carries. Delaney: motion to release Lots No. 2 & 3 of Conifer Way for sale purposes only, seconded by Thomson. All in favor, Motion carries. c. Moore Circle Subdivision: Endorse Plan Cassidy updates the Members and states that there is an outstanding issue regarding trash pick-up with the City of Beverly for three lots at Moore Circle that needs to be resolved and that there are two different types of curbing; Danvers has bituminous concrete and Beverly has sloped granite. Cassidy suggests that the Board consider a minor modification to clarify this curbing issue. Thomson: motion to grant a minor modification to allow Bituminous concrete curbing in Beverly, seconded by Papa. All in favor, Motion carries. Cassidy explains that a plan needs to be endorsed by the Planning Board with a date of November 19, 1998 with a two year completion date and that an active court case is outstanding - Order of Remand. Planning Board Minutes Nov-m~er 19, 1996 Meeting Page Six Cassidy suggests that the Board should: 1. Approve Form G Covenant as surety. Instruct the Chairman to write a letter to the Judge to indicate that there are no further impediments and could move forward when appeal period process passes. Conditionally approve plan until a court order is resolved. Thomson: motion to endorse plan as approved as modified with minor non-condition that no further changes be made to plan and that the plan is not to be released until a final order is filed with the City Planner and to ask the Chairman of the Planning Board to communicate with the Court that this approval has been granted and indicate conditions, seconded by Delaney. All in favor, Motion carries. Sullivan: motion to accept the Form G Covenant with a completion date of November 19, 1998, seconded by Delaney. All in favor, Motion carries. d. NiCole Avenue: Endorse Plan Cassidy updates the Members and states that a pump station is existing, that there are two easements for a sewer line and that there is no executed easement for sewer line. Cassidy states that the Board cannot act on this because all conditions of the subdivision have been met, therefore, cannot sign an ANR because there is no approved way. Thomson: motion to permit applicant to withdraw the ANR plan, seconded by Sullivan. All in favor, Motion carries. e, Chapter 91 License Application / Mr. & Mrs Clark Cassidy states that a Chapter 91 license for 40 Crescent Avenue is on file with the Planning Board as required, and that it is available for Members to review. Delaney: motion to adjourn meeting, seconded by Flannery. All in favor, Motion carries. Meeting is adjourned at 9:30 p.m.