Loading...
2002-06-19 City of Beverly, Massachusetts Public Meeting Minutes BOARD: Planning Board SUBCOMMITTEE: DATE: June 19, 2001 PLACE: Beverly City Hall BOARD MEMBERS PRESENT: Chairperson Richard Dinkin; Vice Chairman John Thomson, Joanne Dunn, Barry Sullivan, Ellen Flannery, Elizabeth McGlynn ABSENT: Peter Thomas, Robert Rink OTHERS PRESENT: City Planner Tina Cassidy RECORDER: Jeannine Dion Chairperson Dinkin calls the meeting to order at 7:30 p.m. Thomson moves to recess for public hearing, seconded by Flannery. All members in favor. Motion carries. 1. Public hearing (continued): Site plan review application #63-01: construction of three-story office building at Cummings Center (Balch Street end) / Beverly Commerce Park, Inc. (Dinkin recuses himself from this portion of the meeting and Thomson presides as Chairperson.) Cassidy reads into record a letter from Bruno Campia (Bayside Engineering) and Frank Killilea (City Engineer). Killilea states Oveson delivered the Final Report of the Traffic Impact and Access Study dated June 18, 2001 and all the recommended corrections had been made to the final report. Killilea urges the Planning Board to hold Cummings Center responsible for providing and installing the vertical granite curb and concrete sidewalk in front of their property line on Balch Street. Oveson states he spoke with Mr. Campia and his consultant and the oversight was a description of turn counts. There was no impact on the final report. Thomson asks if Oveson is prepared to discuss mitigation measures. Oveson responds . that Cummings would be willing to participate in the lighting of roadway Thomson asks if there are clarifying questions from members of the public. There are none. Planning Board Minutes June 19, 2001 Page 2 Thomson asks if there are comments in support from members of the public. There are none. Thomson asks if there are comments in opposition from members of the public. Rosemary Maglio, 30 Pleasant Street expresses concern on four main issues: 1. Inadequate number of parking spaces to accommodate the new building. 2. Landscaping is inadequate. 3. Inconsistencies with location of dumpster. 4. Inconsistencies with regard to scale. Oveson responds that he has been in communication with Tim Brennan, the Building Inspector regarding the parking issue and expansion of the existing buildings for several years. Every time there is an addition to the facility and when there is a demolition the facility, the square footage is recalculated. The applicant is still under 25% increase. Oveson states the applicant intends to landscape the northern portion of the property as nicely as the southern portion of the property has been landscaped. If the Planning Board wants more trees, he would not resist that at all. Joan Murphy, 36 Longmeadow Road, asks if anything has been done about a traffic light at McKay and Balch Streets. Thomson responds that the Planning Board wrote a letter to the Superintendent of Schools. Cassidy reads a letter from Mr. Lupini, Superintendent of Schools into record. Murphy proposes a pedestrian light. She expresses concern about the children crossing the street. Thomson asks if there are more comments in opposition. There are none. The public hearing is closed. Regular meeting of the Beverly Planning Board is called to order. 2. Discussion / decision: Site plan review application #63-01: construction of three-story office building at Cummings Center (Balch Street end) / Beverly Commerce Park, Inc. Sullivan states that anticipating the motion to approve site plan review application, he would like to recommend a condition that there be an agreement with the City and Cummings, that the work at intersection of Balch and Cabot Streets be completed within an agreed upon timeframe. Planning Board Minutes June 19, 2001 Page 3 Cassidy suggests that prior to issuance of a Certificate of Occupancy for the building. Sullivan states he would like to have something finite, which works for the City and the applicant. Oveson agrees with Cassidy’s suggestion. McGlynn asks for response from applicant regarding the request for the pedestrian light at the intersection of Balch and McKay streets. Oveson responds that he only looked at traffic as far as traffic lights were concerned. McGlynn asks a clarifying question regarding the applicant’s participation in improvements. Cassidy responds that the improvements that the city believes are needed to the Balch and McKay Street intersection include restriping the existing roadway surface to create a left turn lane from Cabot to Balch (and northbound) and then the light will have a new signal. Oveson asks if that involves controls. Killilea responds that he is not sure and needs to check with Mass Highway. Oveson suggests that Cummings take control of the striping and the light and leave the question of the controls to the City. Thomson states Cummings is also responsible for granite curbing and installation of screening and vegetation. Oveson agrees with Thomson. Sullivan: Motion to approve the site plan review application #63-01 for construction of three-story office building at Cummings Center with the following conditions: 1. Installation of granite curbing at Balch Street. 2. Applicant will take responsibility for the restriping of the intersection of Cabot and Balch Streets as well as its traffic light in coordination with the City and the City’s engineer’s office. 3. Increase of screening. 4. Installation of concrete sidewalks. All members in favor, no one in opposition. Motion carries. (Dinkin returns to the meeting and resides as Chairman.) Sullivan: Motion to recess for public hearing, seconded by Flannery. All members in favor, no one in opposition. Motion carries. Planning Board Minutes June 19, 2001 Page 4 3. Subdivision Approval Not Required Plans (SANR’s) a. 57 Ober Street / Kennedy Cassidy states the property has an existing single-family house owned by the Kennedy’s and an existing way that leads to Rice’s Beach. Over the years the Kennedy’s have owned 57 Ober Street for over 30 years and some of the landscaping improvements that they have made over time, including parts of their driveway and walkway have literally been installed on what is part of the way. The applicant is proposing to transfer ownership of Lot #8 and transfer it to the Kennedy’s property. It does not affect the travel way and no building is being proposed. Thomson: Motion to endorse the plan of 57 Ober Street as one not requiring approval under the Subdivision Control Law, seconded by Sullivan. All members in favor, no one in opposition. Motion carries. b. Beaver Pond Road / J. Drislane Attorney Thomas Alexander appears on behalf of the applicant. He states there are two existing lots. One lot is a grand fathered pork chop lot (Lot A1C) and the other lot is a conforming lot (Lots 2 and 2A). The applicant is proposing to make the pork chop lot slightly wider, with slightly more frontage and add it to Lot 2A, to create a new pork chop lot, which will be made up of Lot A1C and 2A. The new separate lot, which will take the place of the old lot will be Lot 2. Lot 2 conforms to the frontage and area requirements of the R45 zone and the existing non-conforming lot is actually made slightly more conforming because it gets more frontage. Alexander states that non-conforming lots are allowed to be added to. Cassidy states that no new building lots are being created. Thomson states that the applicant is not creating a non-conforming lot. It’s already an existing non-conforming lot. Thomson: Motion to lay this item on the table for further discussion, seconded by Dunn. All members in favor, no one in opposition. Motion carries. After some research and discussion , the members of the board resolve questions regarding an easement. Planning Board Minutes June 19, 2001 Page 5 Sullivan: Motion to endorse the plan of Beaver Pond Road as one not requiring approval under the Subdivision Control Law, seconded by Flannery. All members in favor, no one in opposition. Motion carries. c. Jewett Road / Newman Road / J. Manzi Attorney Thomas Alexander states the property is in the R10 district and the applicant is proposing the creation of two ANR lots. Cassidy states Jewett and Newman Roads are partially constructed. Alexander states the roads were approved by the Land Court. Chapter 41, Sec. 81FF provides that a subdivision that were approved by the Land Court prior to the adoption of the Subdivision Control Law in 1952 shall be given the same affect as in every regard, as subdivisions that have been approved under the Subdivision Control Law. Chapter 41, Sec. 81L provides “lots that have sufficient area and frontage on a way that has been approved by the Planning Board shall be sufficient for purposes of ANR.” Cassidy reads a letter from Marshall Handly dated June 19, 2001 into record citing the aforementioned case law. Thomson: Motion to endorse the plan of Jewett Road/Newman Road as one not requiring approval under the Subdivision Control Law, under the condition that sufficient ways providing frontage are shown on the 1923 registered plan, seconded by Sullivan. All members in favor, no one in opposition. Motion carries. d. 18 Front Street Attorney Thomas Alexander states there is a property owned by the Arcone family with a 60 – 70 year old garage and shed. The owners of the Arcone property would like to sell the property, however they have discovered that the garage and shed are not on their land. The abutting property is a 4 unit condominium and the owners have agreed to have the shed and garage removed. Cassidy states the setback requirements are 10 feet (side), 20 feet (front) and 20 feet (rear) and they are accessory buildings. Alexander states he had the building inspector look at the property and he said it would be in conformance with the zoning. When the buildings were Planning Board Minutes June 19, 2001 Page 6 built, it was before the zoning existed. The applicant is merely proposing a corrective action. Cassidy reads a letter dated June 19, 2001 from the building department stating that 18 Front Street is in conformance with the City of Beverly’s zoning ordinance. Thomson: Motion to endorse the plan of 18 Front Street as one not requiring approval under the Subdivision Control Law, noting that parcel A is not to be considered a building lot, seconded by Sullivan. All members in favor, no one in opposition. Motion carries. 4. Moore Circle subdivision: request for bond release / J & M Realty Trust Cassidy states the applicant has submitted an acceptable As Built and reads a letter dated June 19, 2001 from Frank Killilea stating all construction is complete and recommending a bond release of $4,310. Thomson: Motion to grant a bond reduction of $4,310 to 0, seconded by Flannery. All members in favor, no one in opposition. Motion carries. 5. Discussion / decision: Breanna’s Way preliminary subdivision plan / John Pohas Cassidy states she met with the owner of the property. He has talked with Frank Killilea and is in the process of refining the layout plan for the cul-de-sac. The applicant has asked for acceptance of a request for a continuation to the July 31, 2001 meeting. Thomson: Motion to grant an extension of time for Breanna’s Way preliminary subdivision plan to August 3, 2001 to be placed on the agenda of the July 31, 2001 meeting, seconded by Flannery. All members in favor, no non in opposition. Motion carries. 6. Meeting Place Circle subdivision: request for bond reduction Tower Homes Cassidy reads a letter from ___________ into record. The drainage work was completed by the contractor under Neve’s supervision. The work has reduced ponding in a number of yards. There are two unresolved issues. 1) Modifications to the outlet of Willow Pond. The water is now flowing freely Planning Board Minutes June 19, 2001 Page 7 2) Dredging of the inlet to the pipe from the small pond. The applicant requests reduction to $12,500 or 50% + interest. Cassidy reads a letter from Neve & Associates into record and states she spoke with Mr. Neve. He is unconvinced that he should do the work at Willow Pond. Cassidy recommends speaking with the Conservation Commission regarding the clam shall digger when the pond is dry. If the Conservation Commission requires a permit, Neve will need to apply for a permit. He is willing file and do the work. Killilea recommends that ½ of the money be returned. TINA: PLEASE FILL IN THE BLANKS ON THE FOLLOWING MOTION. Thomson: Motion to grant a bond reduction to $12,500 and advise developer to _______________________ … remove shells, seconded by Flannery. All members in favor, no one in opposition. Motion carries. 7. 48 Federal Street – 253 Rantoul Street: “Federal Heights Apartments” / schedule concurrent public hearings on special permit application #103-01 and site plan review application #66-01 Odyssey Properties, Inc. Cassidy states in the late 1980’s the Planning approved 18 one bedroom units for this location. They were not constructed and time has expired. Odyssey Properties, Inc. is proposing construction of 18 one bedroom units with parking below grade. A site plan review is required because of the size of the project. The zoning requires 20% of the floor area set aside for commercial use. They are under 20% commercial floor space. Thomson: Motion to schedule concurrent public hearings regarding special permit application #103-01 and site plan review application #66-01 Odyssey Properties, Inc. / “Federal Heights Apartments” on the July 31, 2001 agenda at 7:30 p.m., seconded by Sullivan. All members in favor, no one in opposition. Motion carries. 8. Cabot Crossing / 495 Cabot Street / Cabot Crossing Realty Trust: Set Public Hearing for Site Plan Review Application #67-01 Cassidy states there was a proposal to develop the property in the past. There is a new proposal to demolish existing structures and construct two buildings. One commercial building and one commercial/retail/residential building. The property is in the CN zoning district. Planning Board Minutes June 19, 2001 Page 8 Thomson: Motion to schedule public hearings regarding Cabot Crossing / 495 Cabot Street / Cabot Crossing Realty Trust on the September agenda, seconded by Dunn. All members in favor, no one in opposition. Motion carries. 9. Approval of Minutes: April 17, 2001 and May 15, 2001 regular meetings Flannery: Motion to approve the minutes of the April 17, 2001 and May 15, 2001 regular meetings. The motion is seconded by Dunn. All members in favor, no one in opposition. Motion carries. 10. Adjournment Thomson: Motion to adjourn, seconded by Dunn. All members in favor, no one in opposition. Motion carries. The meeting is adjourned at 9:30 p.m.