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1996-09-17Chairman ~ William Delaney James A. Manzi ~.~~ Joanne Dunn Vice Chairman Ellen K. Rannery Richard Dinkin Salvatore Modugno D. Stephen Papa Planning Director *' Barry Sullivan Tina P. Cassidy John Thomson Minutes Beverly Planning Board September 17, 1996 Members present: Chairman James Manzi, Vice-Chairman Richard Dinkin, Steve Papa, Barry Sullivan, John Thomson, Salvatore Modugno, Joanne Dunn, Bill Delaney and Ellen Flannery. Also present: Planning Director Tina Cassidy, City Engineer George Zambouras and Assistant Planning Director Debbie Hurlbutt. Manzi calls the meeting to order at 7:30 p.m. Cassidy explains to members and parties of interest in attendance that the four Public Hearings scheduled for this evening have to be rescheduled for another date because today is a primary election and according te MGL Chapter 40A Section 11, no public hearings shah be held on the day of an election. Cassidy states that in light of this, the Board needs to accept these two letters of extension; Access Road and Nicole Avenue, to a date which will allow for proper legal advertising. Cassidy reads letter from David Camevale for an extension to make a decision on this special permit request for Access Road, and a letter from Thomas Camevale for an extension to make a decision on a subdivision for Nicole Avenue. Thomson: motion to gram extension for the Board to make a decision on a special permit requirement for David Camevale to October 10, 1996, seconded by Dinkin. All members in favor. Motion carries. Thomson: motion to gram extension for the Board to make a decision on a definitive subdivision plan for Thomas Camevale to October 10, 1996, seconded by Flannery. All rnembers in favor. Motion carries. Members discussed the need to reschedule the public hearings as soon as possible. Members concluded that Wednesday, October 9, 1996 would be alright with the members. City Hall 191 Cabot Street Beverly, Massachusetts 01915 (508) 921-6000 Fax (508) 922-0285 Minutes of the Planning Board September 17, 1996 meeting page two Dinkin: Motion to reschedule the following public hearings; the concurrent public hearings for Nicole Avenue for a definitive subdivision and special permit request #92-6, a special permit request, #93-96 for a pork-chop lot for 22 Paine Avenue, and a public hearing for a wavier from frontage request for 9 Thaxton Road, seconded by Delaney. All members in favor. Motion carries. 1. Subdivision Averoval Not Required (SANR) a. Hemlock Street Cassidy states that Parcel "A" shown on the plan is being transferred to the Estes properly. Manzi asks if the plan meets all the City of Beverly's Rules and Regulations. Cassidy states that it does. Dinkin: Motion to endorse this plan as one not requiting approval under the Subdivision Control Law, seconded by FInery. All members in favor. Motion carries. b. Endicott College Cassidy states that this parcel owned by Endicott College indicates that Parcel "B" is being conveyed to Millers and Bornino from the College. Cassidy adds that Parcel "A" will be conveyed at a later date and is not to be considered at this time. Manzi asks if this plan meets the City of Bevedy's Rules and Regulations. Cassidy responds that it does. Dinkin: Motion to endorse this plan as one not requiring approval under the Subdivision Control Law, seconded by Sullivan. All members in favor. Motion carries. c. Wentworth Drive Cassidy states that this parcel fronts on Wentworth Drive and Lot 10C is to be conveyed to Lot B and is to be considered one contiguous lot. Manzi asks if this plan meets the City of Beverly's Rules and Regulations. Cassidy responds that it does. Delaney: Motion to endorse this plan as one not requiring approval under the Subdivision Control Law, seconded by Papa. All members in favor. Motion carries. d. 215 Hart Street Cassidy states that this plan is a conveyance of property; specifically, parcels A and B are being conveyed to Lot 6, David Cressey property. Cassidy adds that Parcel C is to be conveyed to Parcel 5, the Kenna and Nasta property. Minutes of the Planning Board September 17, 1996 meeting page three Manzi asks ff this plan meets the City of Beverly' s Rules and Regulations. Cassidy responds that it does. Delaney: Motion to endorse this plan as one not requiting approval under the Subdivision Control Law, seconded by Sullivan. All members in favor. Motion carries. 2. Discussion/decision: Access Road Preliminary. Subdivision Plan/David Carnevale Cassidy states that this is a preliminary plan which incorporates the Pork-chop lot special permit request that the Board is currently reviewing. This plan was filed as an extension of Access Road which will incorporate four lots; one lot before 9 & 11 Access Road, one lot at 9 & 11 Access Road, and two house lots after 9 & 11 Access Road. Attorney Thomas Alexander introduces himself to the Board. Alexander states that the roadway layout is 640' and of that 430' is paved. Alexander states that his client is looking to pave the rest of the roadway as laid out and add a hammerhead turnaround. Alexander states that the roadway width is 24'. Alexander adds that there in currently no sewer but sewer, will be added and is to come up the Road. Alexander adds that all the houses on Access Road will have the opportunity to hook up to the sewer system. Alexander also adds that this proposal keeps the street character as it is. Engineer Vernon LeBlanc adds that the layout of the roadway is to the end of what the State had originally proposed to improve. Dinkin states that the width of layout is 30' and wants to know what is the minimum and maximum variable width. LeBlanc states that the variable is between 60 and 21 feet. Dinkin confirms that the waivers being sought are for sidewalks, curbs, grass strips and the location of 6" trees. Cassidy responds affirmatively. Cassidy reads letters from the Police, Public Works, Health and Fire Departments (see file). Zambouras states that in response to the Fire Department's letter regarding the installation of sprinkler systems there must be a fire flow conducted to make sure that it could accommodate the system. Thomson asks how this relates to the dead-end road. Cassidy responds that the role is a 500 feet maximum for a dead-end road. LeBlanc adds that from Dodge Street to the beginning of the cul- de-sac is approximately 640 feet. Sullivan asks if the applicant could proceed if a sidewalk is required. Zambouras states that there couldn't be widening of the layout due to takings. Minutes of the Planning Board September 17, 1996 meeting page four Delaney asks Zambouras if the Board acts favorably on this application what would be his preference from the City's prospective. Zambouras states that the roadway should be 24 feet wide with no curbing, but if the neighbors want sidewalks then the Board should required them todo so. Delaney asks where the pork-chop lot in regard to this proposal. Cassidy states that the pork- chop lot will no longer be necessary because the lot will have appropriate frontage and the lot would be conforming. Dinkin adds what is the total number of lots. LeBlanc states that there will be three new lots. Dinkin states that the purpose of the preliminary plan is to determine if a plan in its current condition could be approvable. Dinkin adds that he sees no issues raised which would grea~y change the configuration; however, he does not see this subdivision as problem free. Dinkin: Blotion to approve the preliminary subdivision plan for Access Road Extension, seconded by Sullivan. All members in favor. Motion carries. 3. Discussion/decision: Carleton Avenue Preliminary Subdivision Plan/Anthony Delorenzo Cassidy states that the preliminary subdivision plan before the members is a minor subdivision with the layout of only 40' and a 6% grade. Cassidy adds that no utilities are being proposed. Alexander states that he believes that there is water and sewer provided in the way. Cassidy reads letters from the Public Works, Police, Health and Fire Departments (see file). Sullivan asks if curb and sidewalk are required. Cassidy responds not for a minor subdivision. Sullivan: Motion to approve the preliminary subdivision plan for Carleton Avenue as submitted, seconded by Papa. All members in favor. Motion carries. 4. Discussion/decision: Request for bond reduction, recommendation to City Council on acceptance plans/Maplewood Village Realty Trust, AI Symes Cassidy states that Maplewood Village Realty Trust is looking to have their bond reduced, and the Board to recommend that the City Council accept the following streets: Independence Circle, Shannon Lane, Balsam Drive and Fern Street. Cassidy reads a letter from City Engineer George Zambouras recornmending that the bond be reduced to $305,566. Dinkin: Motion that the bond on the Maplewood Subdivision be reduced to $305,566, seconded by Modugno. All members in favor. Motion carries. Minutes of the Planning Board September 17, 1996 page five Cassidy states that the next request is to extend the construction completion date to April 17, 1997. Delaney asks where is the buildout at. Simms states that it is 70% complete. Dinkin: Motion to extend the construction completion date to April 17, 1998, seconded by Papa. All members in favor. Motion carries. Cassidy states that the final request is to recommend that the City Council accept the following streets; Independence Circle, Shannon Lane, Balsam Drive and Fern Street. Zambouras adds that he recommends that the City Council approve the acceptance plans. Dinkin: Motion to recommend that the City Council approve the acceptance plan for Independence Circle;Shannon Lane, Balsam Drive and Fern Street. 5. Moore Circle Subdivision: Request for Minor Modification to eliminate condition of intermunicipal agreement/Sheila and Paul Moore Cassidy explains the history of this parcel and indicates that because it crosses tom boundaries the proponent had to file a subdivision plan in both Danvers and Beverly. Cassidy adds that the issue is the provision of services, and Danvers had agreed to provide snow plowing, maintenance of the roadway and utilities. Cassidy states that Danvers would not provide the trash service. Dinkin asks if these properlies have been transferred and if they have not then a notation could be placed on the plan indicating that the property owners of the three properties in Beverly must have private trash removal. Sullivan asks Cassidy about school busing. Cassidy states that if there are children that live there and the radius for bus pick is in that area the children will be picked up. Sullivan asks whether the Board should note this. Cassidy responds that if the Board wanted to do so they could. Sullivan states that he would like to see a provision of certain services axe at risk and should be noted on the plan. Delaney states that he would like to see the agreement of Danvers' and what obligates them to provide services that they said they would provide. Delaney adds that he would like to see Beverly pick up the trash. Modugno states that Laidlaw has a responsibility to pick up trash in Beverly because they are contracted to do so. Minutes of the Planning Board September 17, 1996 meeting page six Thomson asks if there were any waivers involved in this subdivision. Cassidy responds that there were not, only the issue of services. Dinkin: Motion to find the requested modification for Moore Circle to be minor, seconded by Delaney. All members in favor. Motion carries. Dinkin: Motion not to approve the requested minor modification to eliminate the condition of inter-municipal agreement, seconded by Delaney. All members in favor. Motion carries. 6. Chapel Hill Subdivision: Request to establish amount of surety, acceptance of form of surey~ release of lots for building and sale purposes/T Ford Company Cassidy reads letter from T Ford Company requesting the Board establish the mount of surety and accept that form of surety. Cassidy adds that the applicant is seeking to have all lots released for building and sale purposes. Dinkin: Motion to set the bond amount for $213,375, seconded by Sullivan. All members in favor. Motion carries. Dinkin: Motion to accept the Tri-Partite agreement as surety for the Chapel Hill Subdivision, seconded by Flannery. All members in favor. Motion carries. Dinkin: Motion to release all lots for building and sale purposes, seconded by Sullivan. All members in favor. Motion carries. 7. 12 Summit Avenue: Schedule discussion on request for permission to reapply to the Board of Appeals within two years of variance denial/Tom Carnevale Cassidy states that this request to reapply to the Board of Appeal is before the Board because it was denied by the Board of Appeal and in order for an applicant to reapply to the Appeal Boards, the applicant must first apply to the Planning Board to determine if there is a specific and material change. Cassidy states that the original proposal before the Board of Appeal was for the installation of eight units and the applicant has amended this plan for four units. Cassidy states that in order for the Board to consider this application there must at least eight members here to vote on this issue. Sullivan: Motion to discuss this request for permission to reapply to the Board of Appeal, for the October 9, 1996 meeting, seconded by Dunn. All mernbers in favor. Motion carries. Minutes of the Planning Board September 17, 1996 meeting page seven 8. 325 Cabot Street (Mayflower Motel): set date for public hearing on special permit For addition to establishment/Robert Brilliant Cassidy states that the Board has received two requests; one is asking for additional units from 22-43, and a special permit and the need for site plan review. Delaney: Motion to set the public hearing for the next meeting for October 15, 1996, seconded by Flannery. All members in favor. Motion carries. 9. Minutes Delaney: Motion to accept the minutes for the regular meeting of July 16, 1996 and the special meeting for August 6, 2996, seconded by Papa. All members in favor. Motion carries. 10. Old/New Business Cassidy states that the Board has received a copy of a Chapter 91 License for 12 Marsh Avenue, 3 Wilson Avenue, 151 West Street and 7R Ober Street, and if any of the members would like to review them they will be on file in the PIning Depaxtment. Delaney states that the Board should consider adding to the Zoning Ordinance issues regarding intermunicipal issues in which the Board should either avoid them or deal with them. Dinkin states that the Board should consider looking at a study to regulate adult entertainment zoning districts. 11 Adjournment Dinkin: Motion to adjotu'n, seconded by Moduguo. All members in favor. Motion carries.