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1997-04-22 Minutes Beverly Planning Board April 22, 1997 Joint Public Hearing and Special Meeting Members present: Chairman James Manzi, Bill Delaney, Salvatore Modugno, Ellen Flannery, Steven Papa and Joanne Dunn; also present: Planning Director Tina Cassidy, Assistant Planning Director Debbie Hurlburt and Susan Akerman, Secretary to the Board. Acting City Council President Russ Rollins calls the Joint Public Hearing to order at 7:30 p.m. Joint Public Hearing: City Council Order #61: Request to rezone land on Shortmeadow Road from "R-10" to "CN" Zoning District / Arthur Booras Cassidy reads legal notice. Sitting Council President Rollins asks if Counsel would like to make presentation. Thomas Alexander, Attorney representing the applicant, Arthur Booras, addresses the City Councilors and Planning Board Members and states that Mr. Booras has owned the North Beverly Food Mart on Dodge Street since 1988 and that he also owns several parcels of land in the rear of the building which is adjacent to the layout of Shortmeadow Road, which is a paper street. Attorney Alexander explains that the store is currently zoned "CN" and that the back parcels of land are zoned "R-10" Attorney Alexander reviews the plan and explains that Mr. Booras is seeking to rezone a portion of the property he owns off Shortmeadow Road from the "R-10" zoning district to the "CN" zoning district for the purpose of constructing 22 parking spaces for employees of the retail center. Attorney Alexander states that Mr. Booras proposes to donate a parcel of open space, approximately 2¼ acres, to the Conservation Commission. Attorney Alexander hands out to the members an escrow letter (draft form) (On File) which proposed to restrict future use of the rezoned land to accessory parking for the retail center, to alleviate concerns about the future use of the land if it is rezoned. Attorney Alexander explains that in addition to all the preliminary work, Mr. Booras met with the abutters and neighbors. Attorney Alexander states that 32 people have signed a petition in support of this proposal. (On File) Planning Board Minutes April 22, 1997 Special Meeting Page Two Attorney Alexander notes that there are benefits for the City of Beverly, and to Mr. Booras with respect to this project. Attorney Alexander points out that the area seeking to be rezoned is larger than necessary for the parking lot area; only a portion of the three parcels being rezoned would be used as a parking area. President Rollins asks if anyone from the public would like to speak. Joan Murphy of 36 Longmeadow Road explains that she read anarticle in the paper with respect to spot zoning and questioned if this would be taking place. Attorney Alexander responds no and states that it abuts an existing "CN" zone. Councilor Murray explains that it won't be considered spot zoning because the parcels are adjacent to an abutting area already zoned "CN". Ms. Murphy asks how the lot abuts a "CN" zone. Attorney Alexander explains that it does not directly abut, but that the layout abuts and states that it is legal to rezone a layout of a way so it can connect. Joseph Pellitier a resident of Beverly states that the land behind the store has been a disgrace and what Mr. Booras will be doing is improving the area, but also states that the area has a high water table and asks if anything will be done to alleviate that problem. Attorney Alexander explains that that issue is pending before the Conservation Commission's Notice through a Intent for extensive drainage requirements. Councilor Troubetaris questions why the City would want to acquire another piece of land that they would have to be responsible for maintaining. Attorney Alexander suggests that it is an easy way to assure that no further development occurs and notes that it would give children a place to play. Councilor Troubetaris asks Alexander to point out the area subject to review by the Conservation Commission. Mr. Booras reviews the contours of the land and states that the parking lot will drain into the wetlands on and off site. Councilor Golin explains that as a resident of the area she can attest to the area being very wet and states by having this piece of land in the ownership of the Conservation Commission, the responsibilities of further drainage issues will be the City's and that the neighbors see this as a benefit. Councilor McGlynn asks what happens to Shortmeadow Road. Attorney Alexander explains that it is a paper street and that Mr. Booras owns to the mid point of the street where his property abuts the layout. Planning Board Minutes April 22, 1997 Special Meeting Page Three Councilor Golin notes that the City could restrict ~he remaining portion of the lot so it would never be paved or developed. Attorney Alexander responds that Councilor Golin is correct and states that the Conservation Commission could place a restriction on the parcel as discussed previously. Joan Murphy states that she doesn't think it is necessary to do away with a right of way for parking purposes and that spot zoning is a slippery slope. Attorney Alexander states that this rezoning request does not propose to eliminate the paper street known as Shortmeadow Road. Councilor Murray asks if this project would prevent any access to Dodge Street. Attorney Alexander responds no. Councilor Murray explains to Ms. Murphy that nothing happens to the neighborhood's access onto Dodge Street and states that he supports the project. President Rollins asks for a show of hands from the audience in support of this project. (7 in favor, 3 not in favor) President Rollins reads the following letters: - Letter from Councilor Bill Coughlin. (On File) - Letter from Steven Turner. (On File) President Rollins declares the public hearing closed, and refers the matter to the Planning Board for a recommendation. Planning Board's Special Meetinq Chairman Manzi calls meeting to order. 1. Discussion/decision: City Council Order #61: Request to rezone land on Shortmeadow Road from "R-10" to "CN" Zoninq District / Arthur Booras Planning Board in session. Cassidy updates the members and explains the CN zoning cn Dodge Street, states that there is no city property involved in the rezoning, and suggests that the construction details of the parking area might be better left to the Conservation Commission for review. Planning Board Minutes April 22, 1997 Special Meeting Page Four Delaney asks for a clarification with respect to the~land that Mr. Booras actually owns in this area. Attorney Alexander explains the contours of the land owned by Mr. Booras. Delaney asks if there is any other land owned by Mr. Booras that isn't either proposed for rezoning or proposed for donation to the City. Attorney Alexander responds no. Delaney asks if there are any construction plans with respect to the parking area and asks what will be used to construct the area? Attorney Alexander states asphalt will be used to construct the area, that there will be erosion control and whatever other restrictions the Conservation Commission places on the area. Delaney asks if there will be lightingin the parking lot. Mr. Booras states yes, for safety reasons for the people coming out at night. Delaney asks if there are any designs yet. Mr. Booras states no and explains that he wants to involve the neighbors to see what they think would be appropriate. Delaney notes that he has visited this area and states that he feels that this project makes sense, that it would clean up the area considerably, that the Conservation Commission will do a good job with respect to drainage concerns, and feels that it is not a spot zoning issue, and that it is a plus to neighbors and states that he is largely in favor of this project. Flannery questions the proposed chain link fence. Attorney Alexander explains that it was a suggestion of Councilor Coughlin that the existing stockade fence be replaced with a chain link fence. Delaney: Motion to recommend to the City Council to adopt and approve Order #61: Request to rezone land onShortmeadow Road from "R-10" to "CN" Zoning District, seconded by Flannery. Delaney, Modugno, Flannery, Papa and Dunn in favor, no one opposed. Motion carries. 2. 589 Essex Street definitive subdivision plan and request for waiver from frontaqe requirements of zoninq in accordance with M.G.L. Chapter 41, Section 81-R / Sean Bell Cassidy updates the members and recommends to the members that they schedule a public hearing for the May 20, 1997 meeting. Delaney: Motion to schedule a public hearing for 589 Essex Street definitive plan to be held at the Board's next meeting scheduled for May 20, 1997, concurrently with other Planning Board Minutes April 22, 1997 Special Meeting Page Five previously scheduled hearings, seconded by Papa. .Delaney, Modugno, Flannery, Papa and Dunn in favor, no one opposed. Motion carries. 3. New/Other Business Cassidy states that there is none. 4. Adjournment Delaney: Motion to adjourn meeting, seconded by Flannery. Delaney, Modugno, Flannery, Papa and Dunn in favor, no one opposed. Motion carries. Meeting adjourned at 8:15 p.m.