2000-09-07City of Beverly, Massachusetts
Public Meeting Minutes
BOARD:
SUBCOMMITTEE:
DATE:
PLACE:
BOARD MEMBERS PRESENT:
ABSENT:
OTHERS PRESENT:
RECORDER:
Pla~nlng Board
September 7, 2000
Beverly City Hall
Chslrperson Richard Dinkin; Vice Ch~-..-,~n Bill
Delaney, Joanne Dann, Robert Rink, John Thomson
Barry Sullivan, EIL-n Flanmry, Peter Thomas
City Planner Tim Cassidy
Jeannine Dion
Chairperson D~ ca~ the meeting to order at 7:20 p.nt
Subdivision Approval Not Required Plans (SANR's)
a. Beaver Pond Road
Cassidy states the plannin~o Board approved a plan for thl.q property along
Beaver Pond Road several months ago. The applicant divided one hrgc lot
into a nomher of smaller single family lots. The applicar~ needed to change
son~ of~ lot iln~s between lot 17A and lot 1SA in order to
accommodate the location of a septic system for one of the lots. It meets
all the Board's requirements for an ANR plan,
Delaney:
motion to endorse the plan for land on Beaver Pond Road owned by
Beaver Pond Trust as one not requiring approval under the Subdivision
opposition. Motion carries.
b. 181 Emot, Street (Cumminp Center) / Cumminp PropeFties
Cassidy states the property on Balch Street is owned by Cummings
Properties. The applicant proposes to create a lot with frontage on Balch
Street. She expresses her concern *hst recordation of the plan at the
Registry of~ may create a zoning ~4olation with respect to pa~inE,
Some of the part4-~ tha~ ,zummtly services existing buildings is located on
this lot. Howev~, thc potential violation is not something that would
prevent the Planning Board from endorsing the ANR. The only criterion
the plsnnln~o Board can use by law is the lot's frontage and its sdllerence to
the zoning ordinance in that respect.
Planning Board Minutes
September 7, 2000
Page 2
Delaney:
nelaney:
Cassidy recommends that the Planning Board endorse the ANR plan but
that the board consider highlighting the potential zoning violation for the
~uilding h~Vector.
Dink/n asks iftbe lot is mmsferred to separate ownership, will the main
portion of the property no longer meet the parking requ/ren~as of zoning.
Dinldn asks if it is required that a commercial or industrial site meet its
requiremm entirely on property to which it holds title? Cassidy responds
'no' and states there/s a provision in the ordinance that says that you can
have parking eitber on the -~-.e lot as the use it serves or on an adjacent
lot, so long as the park~n~ is located within 500 feet of thc mnl. entrance of
motion to endorse the plan for 181 Eiliott Street (Cummings Center) as
one not rcquidng approval under the Subdivision Control Law, seconded
by D. nn_ All ~ in favor, no one in opposition. Motion carries.
e. Hale Stree~/Carbone
Cassidy states the property is fronted on Pickman Road and Hale Street.
Attorney Mark Glovsky, repfcsc~ ;..~ the owner, states the property at 215
Hale Strest is owned by Ellen Carbone. The phn proposes dividing the
property into two parcels. The exisfin~ house at 215 Hale Street is golng
to be on a lot containing almost 14,000 square feet with legal fro~tn~e on
Hale Street. The hdan~ ofthe hnd is golni to be con/bit~ with other
land of the Carbone's to form one conti~ous lot. The applicant does not
intend to create any nddition~ builal._~ sites at the moment. Glovsky states
Thomson asks if there is access from Pickman Road to this location
Olovsk~ respo-d-, tbere is access. Th~ am ledge omemppin~ but tl~
would not inhibit sonmbody from carving in a driveway if they wanted to
spend the money. It is doable but not preferable. Hereiteratestbattbey
have no plan to creste tmiiding lots with this plan.
motion to endorse the plan for 215 Hale Strut as one not requir~
approval under the Subdivision Co,,l.ol Law, seconded by Thomso~ .All
members in favor, no one in opposition. Motion carries.
Planning Board Minutes
September 7, 2000
Page 3
Meeting Place Circle: discussion on release of additional lots, update
on off-site drainage project / Tower Homes
Dana Tower appears before the board to request the Plann/ng Board release the renu/ning
lots in thc Meeting Place Circle suixiivision from the language of thc Fo,m G Rem/ctive
Covenant. He states he has been advised of concerns regarding off-site dra/nage. Tower
states he has spoken with Thomas Neve, the engineer regaraln~ the project and Neve
believes be has done cvaythi%o tim he can do at this point.
Tower states Mr. Ncve n~t with the City Solicitor and the City Engineer and developed
an '?rovcment plan. An informsfional meetln2 was held with the abutters at the
beginvl,2 of July, which was attended by Mr. Neve, who provided information. Since the
anythln~ unt/I the city obtains the permit to do the work.
which was done months ago.
Tower states he, Neve and the site contractor are all vnNllng to do the work but until tho
city obtains tbe permits, their hand~ are tied. They do not feel the remaining ~ts .~muld be
Cassidy states tbe city smi a letter several weeks ago to the abutters asking them to
review the plan and sign a re]ea.qe th~ will allow the city or its agents (the developer) to
e~ter omo their property and do the druidic work. Cassidy states she has not heard back
from any oftbe abut~ yet.
Tlmm~n ~1o~ where Mr. Tower isint~,ms ofconsUuction. Tower rcspondsthat lit 5 is
just about done and lit 3 is bi done. He adds that he has reservations on other lits.
Thonmon Mks aboui the roadwork. Tower responds all work that n,~ds to be done to the
road and the a-~m~ciatcd uhllt/eS will be con?ieee by the winter other than the final coat on
in2001.
Tower states tbere is langunge in the restrict/ve covenants that preserves tbe develiper's
perpetual right to cn~cr upon thc lots to do any associated utility work. He states mi., Js an
important point because it would a~_liw access if it takes linger to secure releases from all
Phnning Board Minutes
September 7, 2000
Page 4
Thomson reco~m~-nds speaking with City Engineer Frank gillilea and releasing three
more lots.
on a t_,'~'_-hnical mstter, in terms of the lot release, as it relates to the Phnning Board
approval of a subdivision, only the $2:5,000 bond is required. The bond has been posted.
agrees with Thomqon and reA~ll_q that he was pushin~ to time the rdease into the building
ofthe lots. Dclan~ states ifall the lots are built upon, it is going to create the condition
affecting W'dlow Pond that the board was concerned about.
Cassidy ~ she will call each owner noxt week and set up a deadline for the abuIters to
respond and will speak with City Solicitor, Marsb~! Handly regarrJ~%o a clmr cut schedule
on how to proceed lathe ev~t all t~h~ lot relmses are not recoived voluntanqy.
DeLqn,~y states hl.q pr~fca~ll~ in the short-term would be to mJ~ls~ Olfly fl Coupi~ of lots
for building and sale purposes and then try to sort ~hi.~ out better hefore thc remaining lots
Thomson:
motion to release three lots at Meeting Place Circle from the covenant for
bmqdin~o and sale purposes, with thc lots to be designat~ by the developer
in favor, no om in opposition- Motion carries.
Adjournment
Thomson: motion to adjourn, scconded by Dchu~, all mcmb~ in favor, no one
opposed. Motion carries.