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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.