1996-07-16 William Delaney
James A. Manzi ~~ Joanne Dunn
Vice Chairman Ellen K. Flannery
Richard Dinkin Salvatore ModuOno
D. Stephen Papa
Planning Director Barry Sullivan
Tine P. Cassidy John Thomson
Minutes
Beverly Planning Board
July 16, 1996
Members present: Chairman James Manzi, Vice-Chairman Richard Dinkin~ Steve Papa, Barry
Sullivan, Ellen Flannery and John Thomson. Also present: Planning Director Tina Cassidy,
Commissioner of Public Works George Zambouras and Assistant PIning Director Debbie
Hurlbutt.
Manzi calls the meeting to order at 7:15 p.m.
Cassidy informs the members that project coordinator of Salem Sound 2000, Sam Cleaves had
asked to address the Board before the public hearings to discuss storm water management
regulations in Beverly.
Cleaves indicates that some type of storm water management regulations is going to become part
of State mandated regulations. Cleaves indicates that Newburyport and Rowley have
incorporated these regulations into their zoning ordinances, and Gloucester is about to adopt
regulations for their ordinance as well. Cleaves leaves the Board with some model regulations
for storm water management for their consideration.
Manzi thanks Cleaves for bringing this issue to the Board's attention.
Dinkin: motion to recess to public hearing, seconded by Sullivan. All members in favor.
Motion carries.
· Public Hearing: Morgan's Island definitive subdivision plan request to modify
approved subdivision plan re: Emergency Access Road/Dennis & Karen L'Italien
Cassidy reads legal notice for requested modification for this subdivision.
City Hall 191 Cabot Street Beverly, Massachusetts 01915 (508) 921-6000 Fax (508) 922-0285
Minutes of the Planning Board
July 16, 1996 meeting
page two
Mr. Dennis L'Italien states that this emergency access mad was first brought up by the Board
as part of the initial subdivision plan and the neighbors were able to review and comment on this
as well. This emergency access road indicated two concrete pads separated by a grass strip, with
some shrubbery. L'Italien adds that when he went to get an occupancy permit from the Fire
Department, the Department asked him to install a paved roadway approximately 24' in width,
with no planrings. L'Italien states that due to what the Fire Department had requested there has
been an increase in traffic. L'Italien states that he was trying to lessen the impact and slow down
the traffic but the Fire Department's request has increased this. L'Italien adds that he did not
want to cause any disrespect to the Board but felt he was forced by the Fire Department to add
items as they required.
Cassidy states that what is before the Board is a request to modify the existing subdivision.
Cassidy states that L 'Italien has proposed a modification which would leave intact the pavement
closest to Hathaway Avenue and then switch to two concrete slxips as shown on the subdivision
plan originally approved. Cassidy adds that the modification proposes to add shrubbery such as
dwarf planrings. Cassidy also indicates that this could preclude snow removal.
Fire Chief Kenneth Pelonzi states that he met this morning with Cassidy and City Solicitor
Marshall Handly to discuss this modification. Pelonzi states that he doesn't usually allow these
emergency access roads. Pelonzi adds that he would consider approving the modification without
planrings. Pelonzi states that the City Solicitor wanted the Board or the Fire Department to know
that this concession will not bind the Board to this at other times and set a precedent.
Charles Grimes of 26 Old Town Road addresses the Board and states that he was a member of
the Board at the time of this discussion of the construction of this access road. Grimes adds that
this is a concern of his and his wife and that he and others had bought their property believing
that the road was a cul-de-sae; now, the street is really a through road connecting to Hathaway
Avenue. Grimes adds that there is a need for clarity here and that he feels that the Fire Chief
has created a difficult situation.
Manzi asks if there was anyone else in attendance that would like to speak on this issue. There
being none Manzi closes the Public Hearing at 7:45 p.m.
Din kin: motion to reconvene, seconded by Thomson. All members in favor. Motion
carries.
1. Discussion/Decision: Morgan's Island definitive subdivision plan request to modify
annroved subdivision plan re: Emers,encv Access Road/Dennis and Karen L'Italien
Cassidy reiterates the issues with the Morgan' s Island definitive subdivision modification to allow
dwarf planrings or installation of granite curbing.
Minutes of the Planning Board
July 16, 1996 meeting
page three
Thomson states that the Chief should draft up new regulations which would regulate subdivision
extensions with a minimum and a maximum length of roadways as well as adopting those
regulations. Thomson adds that he agrees with Grimes that there is a need for clarity.
Dinkin: move to approve the major modification to Morgan's Island subdivision
emergency access road with the condition that the dwarf shrubbery shown on the
plan on Hathaway Avenue end not be allowed, seconded by Thomson. All
members in favor. Motion carries.
2. Nicole Avenue definitive subdivision plan and special permit/Thomas Carnevale
Attorney Michel McCarron representing Thomas Camevale asks that the Board continue the
public hearings to the next regularly scheduled meeting of the Board because he is still trying
to discuss the issue of municipal services with the City Solicitor and the City Council. Cassidy
roads letter seeking permission from the Board to extend the time to take final action on this
filing to September 30, 1996.
The Board discussed the need to recess the public hearing to Saturday, September 7, 1996.
Dinkin: motion to approve the request to extend the time to take final action on the filing
to September 30, 1996, seconded by Sullivan. All members in favor. Motion
carries.
Dinkin: motion to hold a site visit on September 7, 1996 at 9:00 a.m., seconded by
Flannery. All members in favor. Motion carries.
3. Subdivision Approval Not Required (SANR)
a. 42 Paine Avenue
Cassidy updates the Board on this ANR for 42 Paine Avenue. Cassidy states that the Board
postponed a decision on this application at the last meeting so the Board could conduct a site
visit. Cassidy adds that this road is a private way and the Board needs to determine the adequacy
of its widths and grades for access of the proposed lot to this road. Cassidy also states that the
Board needs to look at the issue of lot area, and it is indicated now as a lot with 90,000 s.f with
a private easement. Cassidy states that the City has just adopted an amendment to the definition
of lot area and the lot area calculation could not include any private easements.
Cassidy reads letters from the Police and Fire Departments (see file).
Minutes of the Planning Board
July 16, 1996 meeting
page four
Manzi asks if this ANR plan meets with all of the City'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, Papa seconds. All members in favor. Motion carries.
4. Discussion/Decision: Virginia Avenue Preliminary Subdivision Plan/Curtis Jones~ Jr.
Vernon LeBlanc of Hancock Survey introduces himself to the Board and indicates the area of
subdivision on the plan and shows how the five lots are configured. LeBlanc also indicates
where the wetlands have been delineated. LeBlanc states that as Virginia Avenue exists today
there is a sidewalk on one side only. LeBlanc also discusses the utilities improvements.
Cassidy reads letters from the Police, Fire and Public Works Departments as well the Board of
Health.
Dinkin states that he is willing to discuss the curbing issue, however~ not the sidewalks or above-
ground utilities.
Thomas asks LeBlanc if the applicant owns the lot on the other side of the wall that is shown
on the plan. LeBlanc states that he does not.
Dinkin asks Cassidy that based on the City's Regulations and the new calculation of wetlands
would this be approvable. Cassidy states that it would.
Dinkin: motion to approve the preliminary subdivision plan, seconded by Sullivan. All
members in favor. Motion carries.
Dinkin cautions the applicant that this property is speculative and that even though the Board has
approved the preliminary plan, it does not mean that the Board would necessarily approve a
definitive plan.
5. Discussion/Decision: Montserrat Estates Preliminary Subdivision Plan
Cassidy states to the Board that this is the third Preliminary Plan filed for this property off Tall
Tree Drive that the Board has had to review; one in April of '95, the second in January of '96,
and that this is the third.
Minutes of the Planning Board
July 16, 1996 meeting
page five
Mike DeZany, an engineer representing the applicant, states that there have been some changes
to this plan from the previous plan. DeZany indicates that the main access is from Tall Tree
Drive, and that two of the roads are now less than 500' in length. DeZany states that the second
road of access is Broo'khead Avenue and will eventually connect to Laurel Ridge but in the
interim there will be a temporary turn-around for emergency access vehicles.
Cassidy reads comment letters from the Public Works, Fire, Police and Health Departments (see
file).
Dinkin asks what is the length of the roadway. DeZany states approximately 850 feet.
Thomas asks Cassidy if Brookhead Avenue it still a private road. Cassidy responds that it is.
Dinkin asks how wide the right-of-way is for Road C. DeZany responds 48 feet.
Thomson asks whether the applicant has the legal right to use this road. DeZany states that he
believes that he does. Thomson states that he would like ~at information provided to the Board
because this 30-1ot subdivision may in fact legally overburden any easement.
Zambouras states that Road C is not up to current standards or regulations.
Dinkin asks Cassidy if she could make available to the members the text of the decision
previously made.
Dinkin: motion to recess for five minutes, seconded by Thomson. All members in favor.
Motion carries.
Manzi calls the meeting back in session after Cassidy provides the members with a copy.
Dinkin states that the purpose of submission of a preliminary plan is to provide the developer
with guidance to general development of which could ultimately be approved by the Board.
Dinkin: motion to disapprove the preliminary subdivision plan for Montserret Estates for
the following reasons:
1. Scale of the locus is not noted;
2. The length of one roadway labeled Road "B" is approximately 850' long, and exceeds
the Board's 500' maximum allowable length of a dead-end street;
Minutes of the Planning Board
July 16, 1996 meeting
page six
3. The cross-section shows slopes of 3: 1, 2: 1, and 1:1, and the maximum slope allowed
by the Board's regulations is 3:1;
4. The plan fails to show proposed street names for any of the proposed roadways;
5. Title block lists incorrect owners/applicants;
6. The Board's regulations require the installation of hydrants at 500' intervals - plans
shows no hydrant on the proposed extension of Tall Tree Drive until sta. 700, and no
hydrants at all for Road "B";
7. The layout of proposed Road "C" is of indeterminate width, and may not meet the
Board's minimum width requirement of 50'; additionally, the proposed Road "C" does
not meet the Board's minimum radius requirement, contains no utilities or required
looped water main, and creates a zoning violation;
8. Conditioning the approval of one subdivision upon the completion of construction of
another subdivision on adjacent land now owned or controlled by the applicant (s) is
not good planing practice, sets bad planning precedence, and would be neither an
appropriate nor a responsible action for the Board to take; and
9. The concerns expressed by the Beverly Public Works, Police, Fire, and Health
Departments in letters to the Board on this filing, seconded by Sullivan. All members
in favor. Motion carries.
6. Wayland Road: Request permission to reapply to Board of Appeal
C, assidy states that the applicant who was seeking permission from the Planning Board to reapply
to the Board of Appeal has decided not to pursue this matter and, has withdrawn their request.
7. Chanticleer Drive Subdivision/accept maintenanc. e fund contribution/release !ot~
C, assidy states that Dan Finn of Carriage Hill-Realty Trust has submitted a check in the mount
of $5,000.00 for long term maintenance of catch basins and leaching wells for the Chanticleer
subdivision as required by the Board's original approval of the plan. Cassidy adds that Finn is
seeking to have the Board release lots #1, 2, 4 and 5 for building and sale purposes.
Thomson: motion to accept the check for $5,000.00 and release lots #1, 2, 4 and 5 for
building and sale purposes, seconded by Papa. All members in favor. Motion
carries.
8. Morl~an's Island Subdivision/request for bond reduction
Cassidy states that Dennis & Karen L'Italien are requesting a bond reduction from $166,000.00
to $144,475.00. Cassidy reads letter from Commissioner of Public Works George Zambouras
indicating that $144,475.00 is required to cover all remaining work (see file).
Minutes of the Planning Board
July 16, 1996 meeting
page seven
Dinkin: motion to reduce the mount of bond for the Morgan's Island Subdivision to
$144,475.00, seconded by Flannery. All members in favor. Motion carries.
9. The Planters subdivision/request for bond reduction
Cassidy states that the Board holds a tri-partite agreement to cover the cost of completion of this
subdivision and that most of the work has been completed. Cassidy states that since most of the
work has been done, and that the remaining work should be completed within two weeks, and
because the Board is not meeting until September the applicant wanted to see if the Board would
allow the Chinnan to have the authority to endorse the release of these lots. Sullivan states that
he does not have a problem with it but wanted to know if Ma_nTi felt comfortable with this
responsibility. Manzi states that he is. Sullivan asks Manzi if he is comfortable with the quality
of work that's been done. ManTi states that he is. Thomson asks if this is more an issue of
timing more than anything else. Cassidy responds yes.
Sullivan: motion to authorize the Chairman to allow the release of the remaining lots
contingent upon the receipt of a letter ffo~n the Commissioner of Public Works
indicating that the current bond amount is adequate to guarantee project
completion, seconded by Dinkin.
Discussion: Dinkin states that he doesn't have a problem with this conceptually; however, he
doesn't believe that the Board can delegate the ability to unilaterally release lots and that the
motion should be made differen~y.
Dinkin: motion to release'all lots in the Planters subdivision for building and sale purposes
upon the completion of the roadway binder to the satisfaction of the Public Works
Director and that subsequent notification of that fact shall be given to the
Chairman of the Planning Board, seconded by Sullivan. All members in favor.
Motion carries.
10. Juniper Valley Court/Accept as-built plans, release of lots
Cassidy states that the City Council has accepted this roadway as a public way and the Planning
Board now needs to accept the as-built plans. Cassidy adds that $2,440.00 remaining in an
escrow account should also be released to the developer.
Thomson: motion to accept as-built plans, seconded by Flannery. All members in favor.
Motion carries.
Dinkin: motion to release all remaining bond monies, seconded by Thomson. All
members in favor. Motion carries.
Minutes of the Planning Board
July 16, 1996 meeting
page eight
11. Cherry Hill Industrial Park/Expiration of Construction Completion Date
C, assidy states that the applicant is seeking an extension of this project completion date and that
the developer is straggling along to finish the project; however, there is money in an account
which would cover the completion of this project if necessary. Cassidy reads letter seeking the
extension to December 31, 1996.
Thomson: motion to grant an extension of construction completion date for the Cherry Hill
Industrial Park to December 31, 1996, seconded by Papa. All members in favor.
Motion carries.
12. Sunday Drive Definitive plan/accept Form G covenant, release lots for building
purposes and endorse plan
Cassidy gives the Board a brief history of the project. Cassidy states that the Board has received
a From G restrictive covenant as a form of surety and that the applicant is seeking the acceptance
of a Form G covenant and the release of lots to be built upon.
Dinkin states that he would like to have the signature of the fifth properly owner prior to
Dinldn: motion to accept the Form G covenant as surety for the Sunday Drive subdivision,
seconded by Sullivan. All members in favor. Motion carries.
Dinkin: motion to release all lots in Sunday Drive subdivision for the purposes of building
only subject to the condition that no building permits be issued until releases from
all property owners affected by the required off-site drainage improvements are
received by the PIning Board, seconded by Sullivan. All members in favor.
Motion carries.
13. Chapel Hills Estates/proposed modification to definitive subdivision plan
C, assidy states that the Planning Board has received a request from Tom Ford for a modification
to the Chapel Hills Estate subdivision plan which seeks to change the width of paved area from
32' to 26', to install a sidewalk on one side of the street only, and to change from vertical granite
curbing to sloped granite curbing (see letter of request in file).
Cassidy reads petition from abutters in favor of this modification request.
Dinkin states that he believes that this is clearly a major modification and would therefore require
a pubic heating.
Minutes of the Planning Board
July 16, 1996 meeting
page nine
Thomson asks the developer if these three conditions are linked together. Ford responds that they
are.
Zambouras adds that this modification would require a public hearing.
Sullivan states that he agrees with the developer that this modification is worthy of consideration;
however, he also agrees with Zambouras that a public hearing is required and that the Board must
go through the process.
Ford states that he was hoping that this issue could be addressed as quickly as possible because
he has already been delayed because of the Historic Commission' s six month demolition waiting
period.
Sullivan asks Cassidy if there are any guidelines as to what constitutes a major or minor
modification. Cassidy responds that when there is a modification to change the lot line or the
roadxvay layout, then it would be considered a major modification.
Dinkin asks Cassidy what the ea~iest date the Board could meet to discuss this modification.
Cassidy responds August 5, 1996 due to advertising deadlines.
Dinkin: motion to find the proposed modification to be considered a major modification,
seconded by Flannery. All members in favor. Motion carries.
Dinkin: motion to hold a public hearing on this major modification for Chapel Hill Estates
for Tuesday, August 6, 1996, seconded by Sullivan. All members in favor.
Motion carries.
14. Access Road/set public hearing
Cassidy states that the Board has received an application for a pork-chop lot special permit from
David Camevale for property on Access Road, and the Board needs to set a public hearing date
tonight.
Dinkin: motion to set a public hearing for a special permit for a .pork-chop lot on Access
Road for September 17, 1996, seconded by Thomson. All members in favor.
Motion carries.
15. New/other business
Cassidy states that the Board has received notification of a Chapter 91 Waterways License for
13 Melvin Avenue and if any members would like to review it, it will be on file in the Planning
Department.
Minutes of the Planning Board
July 16, 1996 meeting
page ten
Cassidy also states that members need to sign the various plans prior to leaving the meeting.
16. Approval of minutes
Manzi asks members if they have reviewed the minutes of the June 17, 1996 Special Meeting
and the Joint Public Hearing on June 18, 1996, and whether there are any changes to those
minutes. There are none
Thomson: motion to approve the minutes of the June 17, 1996 special meeting and the June
18, 1996 regular meeting, seconded by Sullivan. All members in favor. Motion
carries.
17. Adjournment
Dinkin: motion to adjourn, seconded by Thomson. All members in favor. Motion carries.