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1997-03-18 William Delaney James A. Manzi : i.~ Joanne Dunn Vice Chairman Ellen ~ Flannery Richard Dinkin Salvatore Modugno D. Stephen Papa Planning Director Barry Sullivan Tina P. Cassidy John Thomson Minutes Beverly Planning Board March 18, 1997 Meeting Members present: Chairman James Manzi, Vice-Chairman Richard Dinkin, Joanne Dunn, Bill Delaney, John Thomson, Barry Sullivan, and Ellen Flannery; also present: Planning Director Tina Cassidy, and Susan Akerman, Secretary to the Board. Chairman Manzi calls the meeting to order at 7:30 p.m. Subdivision Approval Not Required Plans (SANR's), if any Cassidy states that there are no ANR's this month. Set date for public hearinq: Site plan review application 138 Conant Street / The Connolly Partnership 1984 Cassidyupdates the Board stating that an application for site plan review has been received and is on file. Cassidy explains that the proposal is for a 65,000 square foot office building with associate parking. Dinkin: motion to set a date for a public hearing or a site plan review application for 138 Conant Street for the Board's next meeting scheduled for April 15, 1997, seconded by Delaney. All in favor, motion carries. Approval of Minutes: Februar~ 25, 1997 meetinq Thomson: motion to adopt and approve the minutes of the Board's February 25, 1997 regular meeting subject to eliminating the phrase "All i~ favor" on the ninth page, where the Board's votes were split, seconded by Sullivan. All in favor, motion carries. New or Other Business a. Waterways License Application: 675 Hale Street / Sea~ans Cassidy states that a license application for a Waterways license application is on file with the Planning Board as required, and that it is available for members to review. City Hall 191 Cabot Street Beverly, Massachusetts 01915 (508) 921-6000 Fax (508) 922-0285 Pl~-ningBoard Minutes March 18, 1997 Meeting Page Two Other Business: b. Joint public hearing Cassjdy states that a joint public hearing with the City Council has been scheduled for Tuesuay, April 22, 1997 with respect to the rezoning request for a couple parcels of l~-d off Dodge Street, along Shortmeadow Road. c. Proposed Master Plan / Mr. Don Preston Cassidypasses out to the members a packet of information compiled by Mr. Don Preston on the subject of how to develop a comprehensive Master Plan for the City of Beverly. Cassidy states that Mr. Preston is here tonight to further describe how such a plan will work. Mr. Preston addresses the Board and explains that he is looking over issues with respect to developing a Master Plan for the City of Beverly. Mr. Preston explains that the current Master plan is not anactive plan used by the City, but sould be a good guide that the City can use on a daily basis. He suggests that the Board appoint a 15-member citizen's committee to work on the Master Plan with the hired consultant. Cassidy explains that there have been discussions with the Mayor to set some funding aside to hire a consultant to help with this Master PI&~ in the upcoming fiscal year. Dinkin states that this project will require a tremendous amount of work, but that he is intrigued by the proposal and thinks it is in the best interest of the City to hire a consultant. He suggests that the Planning Board might not have the authority to appoint a committee on its own, and suggests that the City Planner seek the City Solicitor's opinion on the subject. Delaney states that he will certainly take a better look at the packet of information presented and states that he likes the idea. Dinkin: motion to recess for four minutes, seconded by Thomson. All in favor, motion carries. Chairman Manzi states that the Planning Board is now in session. Dinkin: motion to recess for the purpose of holding public hearings, seconded by Thomson. All in favor, motion carries. Planning Board Minutes March 18, 1997 Meeting Page Three Public Hearinqs Public Hearinq: Virqinia Avenue Definitive Subdivision Plan Curtis Jones Cassidy reads legal notice. Chairman Manzi asks if the developer's representatives would like to make a presentation. Mr. Vernon LeBlanc addresses the Board and states that Don Brings is also present. Mr. LeBlanc updates the members explaining that a five-lot preliminary subdivision planwas approved last year and that the applicant is seeking approval to construct a new roadway and a cul-de-sac turnaround. Mr. LeBlanc explains that the proposal is to extend the roadway by 285' and put in a cul-de-sac. Mr. LeBlanc states that the proposed five lots are in an R10 district and that the applicant is requesting three waivers: (1) a waiver from the Board's requirement that all trees six (6) inches in callper or greater be shown on the plan; (2) a waiver from the Board's requirement that sidewalks be installed on both sides of .the roadway; and (3) a waiver from the Boa~d's requirement that straight-faced granite curbin9 be installed to permit the installation of bituminous concrete curbing. George Zambouras addresses the Board and states that he has requested that a sidewalk be installed in front of Lot A. Thomson asked if the issues in George Zambouras' letter of July 1996 have been resolved. Mr. Zambouras states yes and explains the resolved issues. Cassidy reads the following letters: - Letter dated 1/8/97 from the Beverly Fire Department. (On File) - Letter dated 1/28/97 from the Beverly Police Department. (On File) - Letter dated 2/3/97 from the Beverly Board of Health. (On File) Geoffrey Besse of 202 Bridge Street addresses the Board and identifies his property on the plan and states that it abuts a piece of land on the back side of Lot #3. Mr. Besse asks if there was a possibility that at some point a subdivision and utility easements would be built on this piece of land. Mr. Besse states that he finds this objectional because others may attempt to utilize this right of way and second, if a subdivision was built one house would be in his back yard and asks if there was a way to Pla--ingBoard Minutes March 18, 1997 Meeting Page Four reconfigure the lot. Mr. LeBlanc explains that the piece of land is a non-buildable lot and doesn't apply to this subdivision. Chairman Manzi explains that if something was going to happen to that piece of land there would have to be another public hearing. Dinkin asks why the applicant is seeking a waiver from the required sidewalks. Mr. LeBlanc explains that basically there are no sidewalks in the vicinity of this project at present. A resident of 24 Virginia Avenue asks if blasting is required. Mr. LeBlanc explains that when the test pits were performed they didn't encounter any ledge, but there is a possibility that ledge could be found at a later date and blasting would have to be performed. The resident of 24 Virginia Avenue asks if ledge was found, would the developer just blast or would the abutters be notified before hand. Chairman Manzi explains that the abutters will be notified and that the developer will have to seek approval from the Fire Department and that a pre-blast survey will be performed. This resident asks what the working hours will be. Mr. LeBlanc states that he was not sure. Resident asks if established times are set. Cassidy explains that the City has an ordinance that all worked be performed between the hours of 7:00 a.m. - 8:00 p.m. This resident asks if developers can work on Sundays and/or holidays. Zambouras explains that the developer would have to seek a special permit from the Police Department, and that generally developers do not work on Sundays or holidays. This resident asks if the additional drainage will be taken care of. Zambouras responds yes. Maureen Troubetaris, Ward 1 Councilor states that the neighbors are not in total objection to the construction of these houses, but that their main concern is that these houses be built right and states that the neighbors are also concerned with increased water problems. Ms. Troubetaris states that she feels that the requested waivers for sidewalks and curbing should be denied. Cassidy asks if the applicant has applied to the Conservation Commission. Mr. LeBlanc explains that they are still before the Conservation Commission seeking a Notice of Intent. Manzi asks if there are any other members of the public who wish to speak on the proposal. Hearing none, Manzi declares the public hearing closed. Pl~-ningBoard Minutes March 18, 1997 Meeting Page Five Public Hearing: Montserrat Estates Definitive Subdivision Plan / Gladys Dailey and Suz~nme Sullivan Cassidy reads legal notice. Chairman Manzi asks if Counsel would like to make a presentation. Mr. Paul Marchionda of Marchionda & Associates addresses the Board as the project's engineer and updates the members explaining that this proposal is for the construction of 28 single family house lots. Mr. Marchionda explains the proposals regarding the sewer system, pump station and drainage system, explaining that the proposed drainage design will help mitigate drainage. Mr. Marchionda identifies the wetlands on the property. Cassidy reads the following letters: - Letter dated 1/29/97 from the Beverly Police Department. (On File) - Letter dated 1/27/97 from the Beverly Fire Department. (On File) - Letter dated 2/3/97 from Conservation Administrator, Debbie Hurlburt. (On File) - Letter dated 3/18/97 from the DPW. (On File). - Letter dated 2/27/97 from the Beverly Board of Health. (On File) - Letter dated 3/5/97 written to Attorney Moran from the Planning Board Staff. (On File) - Letter dated 3/10/97 from Attorney Moran in receipt of letter from Planning Board Staff. (On File) Attorney William DiMento addresses the Board and states that he represents a neighbor on Brookhead Avenue and that this neighbor is opposed to this subdivision. Attorney DiMento explains that Professional Engineer, Alan Taubert was also retained by the abutter to review the proposal. Attorney DiMento passes out a letter to the members and states that eventually the burden of this development will be on the neighbors and that it should be on the developer. Attorney DiMento asks how can a private road with a restricted covenant be used on Brookhead to access a 28 lot subdivision, when it is supposed to access only a single family dwelling. Attorney DiMento states that a legal analysis and rights should be submitted'with respect to why the developer believes he is legally entitled to use this road as access. Attorney DiMento asks if the neighbors are invited to attend any meetings scheduled. Planning Board Minutes March 18, 1997 Meeting Page Six Dinkin asks what the square footage of wetland filling in would be. Mr. Marchionda states that he doesn't have that calculation. Cassidy states that 500 square feet of filling in of wetlands without replication can be allowed. Sullivan asks if a list of waivers have been requested. Mr. Marchionda states that no waivers are being requested. Cassidyasks if the plan shows all trees 6" or greater in caliper. Mr. Marchionda states that the site is entirely wooded. Cassidyexplains that the Board's Subdivision Rules and Regulations mandate that all trees 6" or greater in caliper must be shown on the plan, or a waiver is required. Dinkin states that there are two issues that he feels may merit keeping this public hearing open. The first being that he would like to have a site visit and have the public be welcomed, the second he would like to hear from City Solicitor Marshall Handly relative to the issue of right of access over Brookhead Avenue. Zambouras states that not only does the plan need to be submitted showing all trees 6" in caliper, but that a drainage and water plan also need to be submitted and that the title block on the plans should read the City of Beverly, not the Town of Beverly. Don Winslow of 2 Robin Road asks when and how was I0 acres of land changed from an R22 zoning to an R20 zoning. Cassidy states that the majority of this area is zoned R22, the City does not have an R20 zone, but that she would have to look into that issue. Joanne Avallon of 17 Boyles Street asks when and how the developer will deal with drainage, filling in of wetlands, culverts, etc., and states that these issues need to be paid attention to. Mr. Marchionda explains that two detention basins are on the site to prevent any additional water problems. Renee Mary of 274 Hale Street states that she is concerned with the down stream effect. Bill Herrington of 6 Brookhead Avenue asks when the proposed road would be going in. Mr. Marchionda explains first they have to move a house. Dinkin states that he needs to review the technical considerations. Thomson notes that the over all drainage and water plans have not been submitted and asks if they are required. Zambouras responds yes. Planning Board Minutes March 18, 1997 Meeting Page Seven Thomson asks why they weren't submitted. Mr. Marchionda explains that he didn't realize that these submittals were required and that he was under the impression that everything was submitted. Cassidy reads Page #17 of Section III.C.2.x regarding the Board's Subdivision requirements. Thomson asks if there is anincomplete submission since there is no drainage or water plan. Mr. Marchionda states that the water line is shown on the plans. (8½" x 11") in the drainage analysis booklet. George Z~mhouras states that reproducible prints with respect to drainage and water do not suffice; it must be on a mylar or mylar reproducible. Delaney states that he is interested in seeing the location of the proposed houses and the grading of the lots. Mr. Marchionda explains that they have not yet been provided. . Delaney states that he would also like to see the proposed replication area of the wetlands. Joanne Avallon asks who is going to decide what legal effects this proposed access road will have on the neighborhood. Cassidy states that the Board will have to rely on the City Solicitor, since the developer's Attorney has declined to provide the Board with the information it requested from him on this subject. Dinkin states that if there is a disagreement with the analysis of the law, then it will most likely be a Judge who decides. M~. Marchionda asks if he could get a list of items that the Board is looking for. Chairman Manzi responds yes. Stephen Crane of 3 Robin Road states that the area is not marked at all and suggests that the Board have the area surveyed and marked to identify the lots and wetlands and asks if the neighbors will be permitted on the site walk. Mr. Crane also requests that the Board reject this plan due to another resubmittal that doesn't have the required documentation. Cassidy explains that it is for the private property owners to grant permission for the public to attend the site visit. Peter Tarr of 3 Brooks Circle states that the public is welcomed on his property and asks that the Board focus on the proposed house that is being moved, to think of the kids and public safety issues. Linda Doyle of 4 Brookhead Avenue states that the public is also welcomed on her property and asks that the Board note the left hand Planning Board Minutes March 18, 1997 Meeting Page Eight turn onto Brookhead Avenue from Boyles Street when they visit the site. Dinkin asks Attorney Moran if members of the public will be allowed on the site visit. Attorney Moran states that he will recommend to his client that the public be invited. Dinkin: motion to recess the public hearing on Montserrat Estates to the visit on Saturday, April 5, 1997 at 9:00 a.m., seconded by Flannery. All in favor, motion carries. Chairman Manzi recesses the Board for five minutes. Chairman Manzi states that the Planning Board is now in session. Public Hearing: Woodland Road Definitive Subdivision Plan / Salvatore De Tessa & Joseph Schelzi Cassidy reads legal notice. Thomas Alexander, Attorney representing the applicant addresses the Board and states that the applicant was before the Board previously with a 10 lot subdivision plan and explains that in this new proposal the applicant has decreased the subdivision to 8 larger lots, with a shorter road and a proposal to dead end it. Attorney Alexander states that Peter Ogren is present and that he would like to turn the meeting over to him. Attorney Alexander also states that the applicant will be happy to comply with the request of the Fire Department that sprinklers be installed and have it be a condition of subdivision approval. Peter Ogren of Hayes Engineering addresses the Board and explains that the design is to extend Woodland Road and have the road end in a cul-de-sac. Mr. Ogren states that the total length of the street will be 874 feet, and in revising the plan the number of lots has been reduced, that there will be less building on Anna Lane, and that the drainage scheme is the same, to collect by normal subsurface drainage management, and use a detention basin that will ultimately discharge from a new pipe into the current drainage system. Mr. Ogren explains that the capacity of the pipes have been increased to accommodate a 15 year storm event and that the other aspects of the plan remain the same. Mr. Ogren explains that the street grade changes quite a bit and that a waiver in grade will be needed in order to make a difference in the grade~ that the existing right of way is at 12% and that the developer will hold to that and, that a vertical curve is required to make the transition. Mr. Ogren states that the street will be flat, that the developer will follow the contours in a level fashion and that the profile of the new lots will be gentler. Pl~--ingBoard Minutes March 18, 1997 Meeting Page Nine Mr. Ogren reviews the requested waivers: · a request for a waiver for requiring the location of all trees six inches in callper or greater be shown on the plan; · a request for a waiver of the 6% maximum grade for secondary streets, and hold the existing pavement grade to approximately Station 2+25; · a request that sidewalks be waived on the easterly side of Woodland Road; · a request to waiver the full constmction of the 40-foot existing right-of-way width of Woodland Road and A~hna Lane; and · a request to allow grading outside the right-of-way to be 2' horizontal and. 1' vertical in cut and fill areas· and 4' vertical to 1' horizontal in ledge cuts; · a request for a waiver that the minimum right-of-way width of Woodland Road and Anna Lane be 40' and the · minimum pavement width be 28'; and Mr. Ogren explains that he originally asked for a request for a waiver from submitting the drainage analysis for the proposed subdivision with the definitive plan. However, he submitted revised drainage mnalyses to the City Planner at the beginning of this evenings meeting. Cassidy reads the following letters: - Letter dated 3/18/97 from the DPW. (On File) - Letter dated 3/13/97 from the Beverly Fire Department. (On File) - Letter dated 3/4/97 from the Beverly Board of Health. (On File) - Letter dated 3/3/97 from the Beverly Police Department. (On File) - Letter dated 3/15/97 from William Cowles, 106 Colon Street. (On File) - Letter dated 3/12/97 from several Beverly residents. (On File) Planning Board Minutes March 18, 1997 Meeting Page Ten Mr. William Woitunski of 114 Rear Colon Street asks if any developer follows through after a project is completed and states that he did some research on S & J Development, reviews and submits his findings, stating that he couldn't track them down. Mr. Ogren states that Mr. Woitunski could have call him and he would have been happy to get in touch with the developer for him. A resident of 8 Woodland Road states that he is concerned with density stating that it is inconsistent with other existing lots and states that he is also concerned with the property values in the neighborhood. Renee Mary of 274 Hale Street states that the drainage is going to go down hill and questions the drainage system and asks what is going to happen if there is a lot of water, can the brook handle the water. Mr. Ogren explains that a detention pond is storing water on the site so the rate of discharge will remain the same, that there will be no change in the down stream. Renee Mary asks if the brook they are referring to is the brook behind Colon Street, under the railroad tracks, behind the dentist office..Mr. Ogren responds yes. Renee Mary asks why the developer is proposing a bigger pipe. Mr. Ogren states in case it fails and explains that most drainage systems are not constructed for the I00 year storm and states that they changed the size so that ~ to a 15 year storm is contained. Fred Johnson of 2 Jewett Road asks if the developer calculates how bad the drainage system in Beverly is and if they calculate that into their plans. Mr. Ogren responds yes. Edward King of 129 Colon Street asks if there will be any blasting, and states that he is concerned with the water coming downat a 12% grade. Alan Cunninghamof 112 Colon Street states that he agrees with all the comments being made, and comments upon the sponge effect and quality of life. Evelyn Gellineri of 11Montserrat Road states that many houses have been built in this area since she bought her house, that there is an existing problem with the water flowing when it rains and/or in the winter months and that the problem is getting worse and asks if something can be done for the people living there. Virginia McGlynn, Ward 4 Councilor states that the steepness of the road bothers her and that she has no faith in detention ponds. Planning Board Minutes March 18, 1997 Meeting Page Eleven Mr. William Woitunski of 114 Rear Colon Street states that he brought photos showing the flooding in this area and states that the pipe was cleaned out by the City one week before the October storm. Mr. Woitunski also states that the top of the hill is solid rock, that blasting would cause water to re-route and that the people living in this area do a lot to control the water problem and states that if the pipe gets jammed water will overflow andrun off onto their property and that the developer should install a bigger back up pipe, that the soil is saturated year round and that he has seen a sheet flow of water coming off the hill into the back yard. Cassidystates thatanabutter has written a letter saying he will not sell the developers any land for the roadway. Mr. Ogren states that the developer did have a verbal agreement to purchase same land for a roadway radius. Priscilla Johnson of 2 Jewerr Road states that she can attest to the yards being undeE~ater by Montserrat Train Station, that it looks like a river running down that road in the rain and that it is very dangerous and asks that the Board deny these waivers and comments that developers are getting waiver happy. Ken Anastasi of 114 Colon Street states that he has serious reservations regarding blasting and a large body of water above his property and states that he fears for his property. Ms. Woitunski of 114 Rear Colon Street comments upon the detention pond and that it will bring an increase in bugs and leaves and asks who will maintain the detention pond so it doesn't get smelly. Mr. Ogren states that the Commonwealth has determined that detention ponds are a good idea/benefit. George Zambouras states that if the detention pond is constructed correctly there shouldn't be any standing water, and will therefore not have an odor. Mr. William Woitunski of 114 Rear Colon Street asks who should we call to get help if something happens to the detention pond and states that it should be maintained by the City and that there should be a secondary pipe. Fred Johnson of 2 Jewett Road states that he and his wife clean out the storm drain between 4-5 times a year in a heavy rain or snow storm and states that he is against all the waivers. Edward King of 129 Colon Street asks if this road will be a private way or a city street. Cassidy states that it will be a city street. Pl~-ningBoard Minutes March 18, 1997 Meeting Page Twelve Mr. King asks how will a garbage truck get up the street. Z~mbouras states that the Packer Trucks will be able to negotiate the street. A resident of 124 Colon Street states when the trees are cleared out there will be an increase of water coming down the hill, has the developer considered this issue in the hydraulic analysis. Mr. Ogren responds yes. Ms. Woitunski of 114 Rear Colon Street asks if there is going to be a large ugly fence installed around the detention pond. Mr. Ogren states if the Board feels it is necessary then a fence will be installed and states that the fence doesn't have to be ugly. Fred Johnson of 2 Jewett Road asks who will clean out the pond. Mr. Ogren explains that the developer will clean out the pond when it is under his control and then when it is deeded over to the City, then it will be the property owners' responsibility. Maureen Troubetaris, Ward i Councillor asks after the street is accepted who is in charge of the pond. Zambouras states it will be the responsibility of the new residents of the eight lots. Manzi asks if there are any other members of the public who would like to speak. Hearing none, Chairman Manzi closes the public hearing. Planning Board back in regular session. Discussion: Virqinia Avenue Definitive Subdivision Plan Cassidy updates the members with respect to the waivers. Dinkin: motion to approve the waiver from the Board's requirement that all trees 6" in caliper or greater be shown on the plan, seconded by Sullivan. All in favor, motion carries. Dinkin: motion to reject the waiver from the Board's requirement that sidewalks be installed on both sides of the roadway, seconded by Delaney. All in favor, motion carries. Dinkin: motion to reject the waiver from the Board's requirement that straight-faced granite curbing be installed, seconded by Flannery. All in favor, motion carries. Sullivan asks other Board members to consider requesting that the developer agree to placing a restriction on the land shown as "not a separate building lot" that there be no further subdivision of that land. The developer expresses concern on that point, and the Pl~n-ing Board Minutes March 18, 1997 Meeting Page Thirteen Board asks Planning Staff to discuss the issue ~d report back at the next meeting. Delaney: motion to table discussion on the Virginia Avenue Definitive Subdivision Plan to the Board's next meeting scheduled for April 15, 1997, seconded by Thomson. All in favor, motion carries. Discussion: Woodland Road Definitive Subdivision Plan Dinkin comments that he is prepared to move on some of the waivers but not all of them. Thomson states that more information from the developer is needed with respect to the radius issue and what exactly is the situation. PEr. Ogrenstates that the planproposes an improved radius for both sides, that they did negotiate a radius for the easterly side and canmake a slight improvement on the westerly side. A waiver will be necessary. .. Thomson states that the detention area above existing homes is risky. Mr. Ogren states that the line is not subject to leaking out and not subject to clogging. Thomson asks what storm year is it designed for. Mr. Ogren states the 100 year storm. Thomson asks if Mr. Ogren could describe the flow path water from the detention pond would take if it did overflow. Mr. Ogren explains the flow path stating that the flow path will essentially occur in the same direction as it now flows, in a southerly direction. Dinkin: motion to table the discussion on the Woodland Road Definitive Subdivision Plan to the Board's next meeting scheduled for April 15, 1997, seconded by Thomson. All in favor, motion carries. New/Other Business Cassidy states that this will be the Board's last meeting to have George Zambouras for Board Consultant. George Zambouras explains that he has accepted a position with the To~ of Winchester as Town Engineer and Engineer for the Planning Department. Thomson thanks George on behalf of the entire Board for his years of dedicated service to the Board and the City. Planninq Board Minutes March 18, 1997 Meetinq Page Fourteen Other Thomson comments about long standing zoning problems and states that he would like to see the Board consider increasing the lot size requirements across the City- Dinkin states that he is opposed to any general move to up-size zoning within the city, that it would have a negative effect on the character of the City. Cassidy states that she would support a review of this issue. Delaney comments that it would be useful to get preliminary material to identify areas where rezoning might be appropriate. Sullivan states that we need to maintain the integrity of the City by controlling future subdivisions. Dinkin comments that steps should be taken to address some of these issues. Sullivan states that it would be useful if City Solicitor Marshall Handly looked at the entire submission regarding Montserrat Estates Definitive Subdivision Plan. Cassidy agrees. Thomson asks if there are any back up plans for a consultant. Cassidy explains that there will be an interim professional for the next several weeks to allow the City to publicize the position and get resumes. Dinkin asks if this individual will be a consultant for the Board. Cassidy states the Board will have to ask that individual.~- Dinkin: motion to adjourn meeting, seconded by Flannery. All in favor, motion carries. Meeting is adjourned at 10:50 p.m.