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1997-10-21Chariman James A. Manzi Vice Chairman Richard Dinkin Planning Director Tina P. Cassidy Minutes William Delaney Joanne Dunn Ellen K. Flannery Salvatore Modugno D. Stephen Papa Barry Sullivan John Thomson Beverly Planning Board October 21, 1997 Meeting Members present: Richard Dinkin, Bill Delaney, John Thomson, Barry Sullivan, Salvatore Modugno, Joanne Dunn, and Ellen Flannery; also present: Planning Director Tina Cassidy, Susan Akerman, Secretary to the Board and Engineering Director Frank Killilea. Acting Chairman Dinkin calls the meeting to order at 7:30 p.m. Delaney: Motion to recess for public hearings, seconded by Flannery. Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, no one opposed. Motion carries. Public Hearinq Special Permit application #98-97 and Site Plan Review application #34-97 for construction of mini-storage warehouse operation and accessory uses / L.P. Henderson Road / Beverly Airport Mini-Storage, Inc. Cassidy reads legal notice. Tom Alexander, Attorney representing the Applicant addresses the Board and explains a proposal to tear down the two existing buildings and use their foundations to construct five new buildings for a mini-storage warehouse site. Attorney Alexander states that the area is zoned IR and that a mini-storage warehouse is an allowable use in this district by special permit, which has been granted by the Board of Appeals for this project. Attorney Alexander states that the property is located in a watershed protection overlay district, which requires a review by the Salem/Beverly Water Supply Board. Attorney Alexander reviews the drainage and environmental issues that exist on the site and states that they have received an endorsement from the Salem/Beverly Water Supply Board with five conditions that have been discussed and that his client is willing to do. Attorney Alexander states that the site complies with zoning requirements and that the site has the required frontage Planning Board Minutes October 21, 1997 Meeting Page Two Attorney Alexander notes that members from the Airport Commission are here tonight; the Airport will be leasing the land to the applicant, Tom Ford. Attorney Alexander reviews the background information and states that there is no disturbed soil, that there are environmental studies going on (PIP) and that they intend to work very closely with Ransom Environmental Consultants, who are studying this area for the City. Attorney Alexander notes that this is an environmentally sensitive and productive use of the site and that Mr. Ford is an experienced devloper who is aware of the site conditions. John Dick of Hancock Engineering addresses the Board and reviews the proposal to tear down the two existing buildings and use the foundations to construct five new buildings for a mini-storage warehouse. Mr. Dick states that the site. is mostly paved, that their work will not impact drainage and that the area is under Conservation Commission review to identify existing wetlands. Mr. Dick states that a revised drainage system will be implemented so that the existing catch basin will remain and explains that there will be a hood to attract any debris before going down the pipes and exiting into the soils. Mr. Dick notes that this system is not yet finalized, but states that the system will be designed to pick up any ground water, that they will be using the existing septic lines, that power and water already exist on the site and that they are in compliance with the Salem/Beverly Water Supply Board with respect to storm water management techniques. Mr. Dick also states that there is a proposed parking lot that will not disturb any earth on the site. Attorney Tom Alexander addresses the Board and reviews the history/ prior uses of the site, noting that the site once outfitted a machinery shop. Attorney Alexander states that the project will have one employee on site at all times, that the impact on the watershed will be far less than any other prior uses and that this project will eventually connect up to the sewer line that is being designed for Airport Road/SamFonzo Drive. Attorney Alexander states that there are on-going discussions with the Fire Department with respect to fire prevention measures and that a letter from the Fire Department stating their agreement for the use of this site will be sent. Mr. Tom Ford, the applicant, addresses the Board and states that what he is offering is dry, secured storage. Mr. Ford explains that a key card will be issued to the individual seeking to use the storage facility, that there will be a security gate, that there Planning Board Minutes October 21, 1997 Meeting Page Three will be a resident manager on location, and that there will be night lights on-site for a secured perimeter as well as a camera. Mr. Ford states that the tapes from the camera will be kept for 30 day intervals, as required by law. Mr. Ford also states that the leases will contain language on contamination issues; storage of hazardous materials will not be allowed. Mr. Ford explains that they will use the existing septic system, that they will downgrade the electrical power and that there is one underground storage tank that will be removed. Mr. Ford states that he is aware of the environmental issues on the site, and is confident that the property is not considerably contaminated. Cassidy reads the following letters: - Letter from the Police Department dated 10/1/97. (On File) - Letter from the Conservation Commission dated 9/25/97. (On File) - Letter from the Parking & Traffic Commission dated 9/20/97. (On File) - Letter from the Engineering Department dated 9/21/97. (On File) - Letter from the Salem/Beverly Water Supply Board dated 10/20/97 (On File) - Letter from Board of Health dated September 30, 1997. (On File) Dinkin asks if any members of the Board have any clarifying questions. Delaney asks for a clarification with respect to the PIP process. Cassidy explains that three sites on the northerly side of Henderson Road are considered potentially hazardous sites and are under investigation. Cassidy further explains that the Mass DEP requires a Public Involvement Plan to identify if hazardous materials exist and if so a clean-up process will have to be performed. Planning Board Minutes October 21, 1997 Meeting Page Four Attorney Alexander states that the site at L.P. Henderson Road has not yet been positively identified as a site with hazardous materials on it. Killilea addresses the Board and states that there are three sites that are under investigation; Nike site, Airport site, and the Vitale site. Thomson asks if there could be further changes to the site plan. Cassidy states yes; in particular, from the Fire Department since there are still on-going discussions. Thomson asks if these public hearings will be closing tonight. Cassidy states that she would recommend that the Board table this matter to the Board's next meeting. Thomson asks if a hazardous material was stored on the premises and was release, what mechanism would be used to prevent the hazardous material from getting into the water supply. Mr. Ford explains that there is a threshold to retain surface water in each building and catch basins with grease and oil traps will be installed on the site. Thomson asks how the traps collect hazardous materials. Mr. Ford explains that if the material floats it will be trapped; but if the particles are heavy, they will sink into the sump. Thomson asks if there is a sanitary sewerage disposal system. Mr. Ford explains that the facility will be tied into the existing subsurface disposal system in the rear of the lot. Dinkin asks, if for some reason hazardous waste or materials are brought to the site by a tenant, will you be able to visually pick it up. Mr. Ford responds yes, a sharp resident will catch it through the camera survellance system. Dinkin asks if anyone from the public wishes to speak on this matter. Renee Mary of 274 Hale Street states that the applicant should wait until Ransom Environmental finishes their study before any work is done on the site. Mr. Ford states that Phase I, II and III have been complete and that he suspects a clean bill of health. Attorney Alexander that it is their intention to work closely with DEP and Ransom and that they won't jeopardize this on-going effort of the City. Planning Board Minutes October 21, 1997 Meeting Page Five Ms. Mary questions what is meant by a clean bill of health. Attorney Alexander explains that they will wait until they get a blessing from DEP. Ms. Mary states that the Planning Board should go to the next PIP meeting. Leo White from the Airport Commission states that he is in favor of this proposal, that he does not want to see another machine shop on this site and that he believes that the mini-storage warehouse will clean up a lot of problems that have existed on this site in the past. Dinkin asks if there are any comments in opposition to the project. There are none. Cassidy reads a letter from Renee Mary dated 10-21-97. Delaney: Motion to continue the concurrent public hearing on Special Permit Application #98-97 and Site Plan Review Application #34-97 to the Board's next meeting scheduled for November 18, 1997, seconded by Sullivan. Dinkin, Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, no one opposed. Motion carries. Regular Meeting now in session. Discussion/Decision: Mullen/Loeb Estate Preliminary Subdivision Plan off Hale Street and Greenwood Avenue / James Mullen and Toll Brothers Cassidy updates the members and states that a drainage analysis has been received from Hayes Engineering since the last meeting. Attorney Tom Alexander address the Board and explains that his client started this process last summer to open a dialogue; he states that there are a lot of concerns with drainage, that a watershed study has been done and that they hope to submit another preliminary plan which will adequately address the drainage issues. Peter Ogren of Hayes Engineering addresses the Board and explains that both the Planning Board and the public requested an analysis of the drainage watersheds in the vicinity of the project. Mr. Ogren reviews the five watersheds: (1) The Beverly Farms North watershed is a large watershed (900 acres) that discharges to the Atlantic and that 11 acres of this watershed is on the Mullen site; Planning Board Minutes October 21, 1997 Meeting Page Six (2) Beverly Farms South watershed is a smaller watershed (95 acres) with a percentage on the Mullen site; (3) Prides Crossing East watershed is mostly on the Mullen site; (4) Prides Crossing Central watershed has 12 acres on the site; and (5) Prides Crossing West - no development on this. Mr. Ogren states that they have obtained all information that they could regarding culverts and their hydraulic capacities and states that there has been no maintenance on these structures for some time. Mr. Ogren reviews blockage and water discharge problems that have been found. Mr. Ogren states that most of the proposed development will take place in the Prides Crossing Central watershed area. Cassidy reads the following letter: Letter from the Engineering Department dated 10/21/97. (On File) Cassidy lists the information requested by the Board and City departments which was supposed to be submitted to the Board in time for last month's meeting; 1. a list of waivers to be requested; ' 2. a plan that shows that 69 lots can be created with a conventional subdivision plan; 3. a preliminary traffic analysis; 4. drainage, water and sewer calculations of the existing municipal systems and the expected impact on them; and 5. an analysis of the fiscal impact on surrounding neighborhoods. Attorney Alexander states that the Preliminary Traffic Analysis won't be complete in two weeks' time. Mr. Corkum of Toll Brothers says that this information will be available in advance of the next meeting. Sullivan asks if a fiscal impact on the neighborhoods will be included. Attorney Alexander responds yes. Planning Board Minutes October 21, 1997 Meeting Page Seven Dinkin asks Attorney Alexander if this additional information will be submitted within two weeks. Alexander and Corkum state that it will be. Cassidy states that the expiration date for the Board's consideration of the proposal is November 30, 1997, and explains that the Board meets on November 18, 1997 and that this information should be submitted two weeks prior to the Board's meeting to allow the City Engineer adequate time to review the project. Dinkin tables this matter to the Board's next meeting scheduled for November 18, 1997. The Planters Subdivision: Expiration of construction completion date and discussion on project completion / O.H.C. Realty Trust Cassidy updates the members and lists the remaining work items that need to be done and what has been accomplished since last meeting. This list has been prepared by the City Engineer's Office. Cassidy states that the dead and dying trees have been replaced; that additional trees have been planted; that the curbing has been adjusted and grouted; that the grass strips have been finished; that the paving of the sidewalks has been done; and that final sidewalk paving has been completed. What is left to be done is the construction of the tot lot and final road paving; the installation of two fire alarms/pull boxes; and the catch basins and manholes need to be cleaned out, as built and acceptance plans submitted and installation of guard rail. Mr. Albert Ellis addresses the Board and states that all remaining work items will be complete by the second week of December. Mr. Ellis explains that he met with Joan Fairbank and got input for equipment best suited for children and states that the tot lot will be complete in the beginning part of December. Mr. Ellis states that the installation of the guardrails will be done after fencing of the tot lot is complete. Cassidy asks if a design of the tot lot has been done. Mr. Ellis responds yes. Cassidy states that it would be a good idea to work with the Public Service and Engineering Departments for the actual design of the tot lot, since those agencies will have to maintain it. Dinkin asks if there is enough Bond to cover the remaining work. Killilea responds yes. Planning Board Minutes October 21, 1997 Meeting Page Eight Delaney asks if the Army Corps. is satisfied with the planting of the retention ponds. Mr. Ogren explains that they have met with the Army Corps. and that they are concerned with what was happening with the natural vegetation and that it was agreed that some replanting will be done. Delaney asks if the replanting will be done in the spring. Mr. Ogren states that he will have to consult with the Army Corps. to see what species they want to put in to replace those that didn't survive over this summer; some planting may need to wait until spring. Delaney asks if DEP is still involved with plantings. Mr. Ogren explains that DEP is still involved but not so much with planting, that they have a separate agreement with the Army Corps. Delaney asks what the end result of this process was from the Army Corps. Mr. Ogren states that they received a letter that the grading is in compliance. Thomson: Motion to extend the completion date to December 17, 1997, seconded by Sullivan. Dinkin, Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, no one opposed. Motion carries. Delaney asks if there has been any thought process to moving the date of the December meeting. Traicoff Circle Definitive Subdivision Plan: set date for public hearinq / O.H.C. Realty Trust Delaney: motion to set a date for a public hearing for the Traicoff Circle Definitive Subdivision Plan for the Board's next meeting scheduled for November 18, 1997, seconded by Flannery. Dinkin, Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, no one opposed. Motion carries. Birch Woods Subdivision: Discussion on modifications to sewer design / Cove Realty Trust, David Walsh This matter was placed on the table subject to the call of the chair. Old Rubbly Road Definitive Subdivision Plan: set date for public hearing / Robert Van Twuyner Cassidy updates the members and explains that this is a proposal for construction of an existing road layout in the City of Beverly, Planning Board Minutes October 21, 1997 Meeting Page Nine and a request to schedule a public hearing for the Board's November meeting. Delaney: motion to set a date for a public hearing for the Old Rubbly Road Definitive Subdivision Plan for the Board's next meeting scheduled for November 18, 1997, seconded by Sullivan. Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, Dinkin abstains. Motion carries. Sullivan questions the Board's right to review this, and the unknown impact of what future development in Wenham might have on Beverly streets. Cassidy explains that this right of way was granted to the City of Beverly as part of the Oak Heights subdivision and that an easement is in existence here. Sullivan asks if any waivers are being requested. Cassidy explains that the applicant is proposing a minor subdivision, that the total number of lots is not known and that there are no buildable lots in Beverly. Thomson asks if this is effectively going to be a cul-de-sac. Cassidy responds correct, there is no way out into the Town of Wenham. Thomson asks if Beverly's Fire Department comes into play. Dunn asks if the subdivision will connect to the Beverly sewer system. Cassidy states no they cannot tie in, it will not be permitted by SESD. The Board asks Cassidy to consult with the City Solicitor prior to advertising the public hearing. Birch Woods Subdivision: Discussion on modifications to sewer desicrn / Cove Realty Trust, David Walsh Cassidy updates the members and explains that the present plans to the Planning Board are to allow two properties with future sewer subouts. Attorney Tom Alexander addresses the Board and explains that Mr. Walsh doesn't own the property yet so he doesn't have proposed easement documents, but will get language to the Board before the next meeting. Cassidy asks if the documents can be obtained from the present owners. Attorney Alexander states that it would be difficult or unlikely. Planning Board Minutes October 21, 1997 Meeting Page Ten Sullivan questions the original design. Cassidy explains the initial and revised design. Sullivan asks if the applicant will incur additional costs. Attorney Alexander states that he doesn't think so, that there are existing sewer pipes. Sullivan states that he has no problem with the proposal as long as there are no problems with the other two people. Delaney asks if there is an opinion from the Engineering Department with respect to the location of the easements, if they are appropriate. Mr. Killilea states yes the location of the easements are appropriate. Thomson states that there is no reason to go back to a public hearing, do as a minor modification. Flannery asks if this project has been discussed with the neighbors. Cassidy responds no. Attorney Alexander states that this will be a very involved project with a lot of outstanding issues. Dunn asks if the applicant intends to go forward with construction. Attorney Alexander states yes. Thomson: motion to postpone a decision until the Board's next meeting scheduled for November 18, 1998, seconded by Flannery. Dinkin, Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, no one opposed. Motion carries. The Board asks Cassidy to meet with the two property owners to get their comment and input on the proposal. Site Plan Review application #35-97: set date for public hearing on construction of mini-mart and service station upgrade / Salem Hospital Cassidy updates the members. Deleney: motion to set a public hearing date for Site Plan Review application #35-97 for the Board's next meeting scheduled for November 18, 1997, seconded by Flannery. Dinkin, Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, no one opposed. Motion carries. Planning Board Minutes October 21, 1997 Meeting Page Eleven Delaney recalls that a couple of other public hearings have been scheduled for the Board's November meeting and asks if this should/could be put off. Delaney: motion to withdraw previous motion, seconded by Flannery. Dinkin, Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, no one opposed. Motion carries. Sullivan suggests that the Board schedule this public hearing for the Board's December meeting and if there is a problem, bring it up in the November meeting under new/other business. Delaney: motion to set a public hearing date for Site Plan Review application #35-97 for the Board's December 9, 1997 meeting, seconded by Flannery. Dinkin, Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, no one opposed. Motion carries. Brimbal Hill Drive Extension: expiration of construction completion date / K & L Realty Trust, Holly Lockwood Trustee Cassidy reads a letter from K & L Realty Trust requesting an extension of time for completion of construction date. Dinkin asks if there is any pending litigation. Cassidy responds yes. Thomson: motion to grant extension of construction completion date to April 28, 1998, seconded by Sullivan. Dinkin, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, Delaney abstains. Motion carries. Approval of Minutes: September 16, 1997 regular meeting and September 22, 1997special meeting Thomson: motion to accept minutes of the September 16, 1997 regular meeting and September 22, 1997 special meeting as presented, seconded by Delaney. Dinkin, Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, on one opposed. Motion carries. Election of Officers (chairman and vice-chairman) Nomination of Chairman Flannery: motion to nominate Richard Dinkin as Chairman, seconded by Modugno. Dinkin asks if there are any further nominations. There are none. Planning Board Minutes October 21, 1997 Meeting Page Twelve Flannery: motion to close nomination for chairman, seconded by Sullivan. Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, on one opposed. Motion carries. Flannery: motion to elect Richard Dinkin Chairman of the Planning Board, seconded by Delaney. All members in favor, none opposed. Richard Dinkin is elected Chairman. Nomination of Vice-Chairman Flannel-y: motion to nominate William Delaney as Vice-Chairman, seconded by Modugno. Dinkin asks if there are any further nominations. There are none. Flannery: motion to close nomination for vice chairman, seconded by Thomson. Dinkin, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, on one opposed. Motion carries. Flannery: motion to elect William Delaney Vice-Chairman of the Planning Board, seconded by Delaney. All members in favor, none opposed. William Delaney is elected Vice- Chairman. Dinkin requests that he be referred to as Chairperson instead of Chairman. New or Other Business a. Sign Bridge Street definitive plan / MacDougall b. Other Flannery asks for an up date to the grant application for funding of a masterplan. Cassidy updates, and will send a copy to members. Thomson: motion to schedule the Planning Board's December meeting for December 9, 1997 instead of December 16, 1997, seconded by Sullivan. Dinkin, Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, on one opposed. Motion carries. Adjournment Thomson: motion to adjourn, seconded by Flannery. Dinkin, Delaney, Flannery, Thomson, Sullivan, Modugno and Dunn in favor, on one opposed. Motion carries. Meeting is adjourned at 10:00 p.m.