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2002-06-18 City of Beverly, Massachusetts Public Meeting Minutes BOARD: Planning Board SUBCOMMITTEE: DATE: June 18, 2002 PLACE: Beverly City Hall BOARD MEMBERS PRESENT: Chairperson Richard Dinkin; Ellen Flannery, Robert Rink, Patricia Grimes, Elizabeth McGlynn, John Thomson ABSENT: Barry Sullivan, Joanne Dunn OTHERS PRESENT: Assistant City Planner, Leah Zambernardi RECORDER: Jeannine Dion Chairperson Dinkin calls the meeting to order at 7:30 p.m. Dinkin: motion to recess and reconvene for scheduled public hearings, seconded by Grimes. All members in favor. Motion carries. Public Hearing – Modification to Site Plan Review Application #34-97 – Airport Mini-Storage Warehouse/Henderson Road – Combine (2) 25’ X 220’ Buildings into (1) 50’ X 220’ Building/Beverly Airport Mini-Storage, Inc. – T. Ford Zambernardi reads the legal notice into record. Thomas Ford states this is a minor modification. He outlines the following modifications: · Reconfiguration of the building footprints and aisle widths. · Climate controlled facilities which involves combining the two central 25’ x 220’ buildings into one 50’ x 220’ building. · Addition of 8-feet to the southern building, changing the dimensions from 32’ x 236’ to 40’ x 236’. · Removal of the central traffic aisle. Zambernardi reads the following correspondence into record: · Letter dated June 11, 2002 from the Salem and Beverly Water Supply Board. · Letter dated May 20, 2002 from the Board of Health. · Letter dated May 21, 2002 from the Fire Department. · Letter dated May 9, 2002 from the Police Department. · Letter dated April 29, 2002 from the Conservation Commission. · Letter dated May 15, 2002 from the Parking & Traffic Commission. Planning Board Minutes June 18, 2002 Page 2 · Letter dated May 6, 2002 from the Design Review Board. · Letter dated June 18, 2002 from the Engineering Department. Dinkin asks if there are any clarifying questions from members of the board. Thomson asks if there is an increase to the impervious area. Ford responds that there is no increase. Dinkin asks if there are any clarifying questions from members of the public. There are none. Dinkin asks if there are comments in opposition of the project. Renee Mary, 274 Hale Street expresses concern about the close proximity of the site to the water supply. Dinkin asks if there are comments in favor of the project. Paul Lydon, 46 Livingstone Avenue and a member of the Beverly Airport Commission states he has been waiting a long time for this project. Paul Vitale, 3 College Lane and a member of the Beverly Airport Commission states that the Airport Commission is 100% behind this project. Leo White, 12 Stewart Lane and a member of the Beverly Airport Commission states that he is in favor of the concept. Pam Kampersal, 241 Dodge Street asks a clarifying question regarding the apartment on- site. Ford responds that there is a resident manager’s apartment above the office. Paul Vitale, 3 College Lane states that he supports the apartment because someone on-site at night will provide for additional security. Ford notes that it is not a rental apartment. Thompson asks Kampersal if she thinks it would be better for the site to be paved, with an asphalt cap over the contaminated area. Kampersal states that it is preferable to have as much percolation as possible. Mr. Killilea states that the city is currently pursuing removal of all contaminated material on the site. They have one more RAM, a remedial measure, for this site. The city submits those results to the DEP and EPA for approval. One more RAM must be done prior to Mr. Ford’s commencement of the project on the site. Planning Board Minutes June 18, 2002 Page 3 Paul Barnico, 11 Iverson Road and a member of the Airport Commission states that the Airport Commission is trying to clean up the Nike Buildings, which are almost 50 years old. He further states the Commission has spent $107,000 of airport money in partial cleanup, has received $159,000 UDAD loan and there is no evidence of contamination. Gardner Trask, the Danvers representative to the Beverly Airport Commission states that he is in support of the project. Pam Kampersal, 241 Dodge Street asks if there have been any reports from the LSP regarding recent contaminants. Killilea responds that 2 RAMS have been performed to remove contaminant material and the final suspected place that material may be is under the foundation of the rear building. The building will need to be demolished and then the city will probe under the foundation to see if the material underneath is contaminated. Paul Lydon, 46 Livingstone Avenue states that no work will commence until there is a clean bill of health. The public hearing is closed. The regular meeting of the Beverly Planning Board is called to order. Subdivision Approval Not Required Plans (SANR’s) a. 45 Beavor Pond Road – Michael Milsom & Leslie Sands Rink abstained from this hearing. Attorney Mark Glovsky appears on behalf of the applicants. He states that the applicants are proposing the division of a tract of land. There will be a creation of one new building lot (lot 2), which has been designed to meet the requirements of the zoning by-law. The lot meets the requirements of the zoning by-law. Zambernardi states that the plan is technically compliant. Thomson: Motion to endorse the plan for 45 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. b. 10 Farms Lane – William and Carolyn Maciel – Approved 1993 (Signature for Recordation) Zambernardi explains that Mr. Maciel received an endorsement from the Planning Board on June 15, 1993 for his plan as one not requiring approval under the Planning Board Minutes June 18, 2002 Page 4 subdivision control law, however the plan was not recorded with the Registry of Deeds. The Planning Department has a copy of the paper plan with former Chairman James Manzi’s signature. Mr. Maciel is submitting a mylar print of the plan, approved in 1993, for the Planning Board Chairman’s signature so that he may file it with the Registry of Deeds.Dinkin signs the new mylar print of the original approved plan. (Thomson recuses himself from this portion of the meeting.) Public Hearing – Modification to Site Plan Review Application #36-97 – Axcelis (Formerly Eaton Nova) – Expansion of Shipping & Receiving Area/10,500 sq. ft. addition – Axcelis Technologies/108 Cherry Hill Drive Zambernardi reads the legal notice into record. Alan Fine, architect for the project, states that the applicant is proposing to incorporate a 10,500 square foot addition to the rear of the building for the expansion of the shipping and receiving area for additional storage. Chris Sparages from Hayes Engineering provides an overview of the plan. In addition to the 10,500 square foot addition, the following changes are proposed: · Elimination of parking spaces to allow for easier maneuverability for the trucks. · Addition of parking spaces (11) in another location (parking spaces under the approved number of parking spaces). · Recyclable receiving area. · Reduction in impervious area. Zambernardi reads the following correspondence into record: · Letter dated June 17, 2002 from the Board of Health. · Letter dated June 6, 2002 from the Fire Department. · Letter dated June 13, 2002 from the Police Department. · Letter dated June 14, 2002 from the Conservation Commission. · Letter dated June 13, 2002 from the Parking & Traffic Commission. · Letter dated June 10, 2002 from the Design Review Board. · Letter dated June 18, 2002 from the Engineering Department. Dinkin asks if there are clarifying questions from members of the public. There are none. Dinkin asks if there are comments in opposition. There are none. Planning Board Minutes June 18, 2002 Page 5 Dinkin asks if there are comments in support. There are none. The public hearing is closed. (Thomson returns to the meeting.) Discussion/Decision: Public Hearing – Modification to Site Plan Review Application #34-97 – Airport Mini-Storage Warehouse/Henderson Road – Combine (2) 50’ X 220’ Buildings into (1) 50’ X 220’ Building/Beverly Airport Mini Storage, Inc. – T. Ford Thomson: motion that the Modification to Site Plan Review Application #34-97 be accepted subject to the comments of city departments, seconded by Flannery. Rink abstains. Motion carries (5-0-1). Discussion/Decision – Modification to Site Plan Review Application #36-97 – Axcelis (Formerly Eaton Nova) – Expansion of Shipping & Receiving Area/10,500 sq. ft. addition – Axcelis Technologies/108 Cherry Hill Drive Flannery: motion that the Modification to Site Plan Review Application #36-97 be accepted subject to the comments of city departments, seconded by Grimes. Thomson abstains. Motion carries (5-0-1). Meeting Place Circle Subdivision – Request for Reduction of Performance Bonds Tri-Partite Agreement/Tower Homes, Dana Towers and Bi-Partite Agreement/Annecrest Builders, Basil Constantine Zambernardi reads a letter dated May 31, 2002 from Thomas Neve Associates requesting a bond release of $5,875 of the remaining $7,125 bond amount for trees and grass plots. Zambernardi reads a letter dated May 20, 2002 from Basil Constantine requesting that the remaining $12,500 be released. Zambernardi reads a letter from Frank Killilea dated June 18, 2002 into record recommending the bond release of $5,875. Zambernardi reads a letter from Frank Killilea dated May 20, 2002 into record not recommending that the Planning Board release the remaining $12,500 until the work is complete. Thomson: motion to release $5,875 of the bond money for Meeting Place Circle and deny the request to release $12,500, seconded by Flannery. All members in favor. Motion carries. Planning Board Minutes June 18, 2002 Page 6 Birch Woods Subdivision - Request for Extension of Construction Completion Date Zambernardi reads a letter dated June 13, 2002 from Joseph J. Phelan II requesting an extension of the performance bond in the amount of $1,595,193.75 and the official completion date to August 1, 2002. Zambernardi reads a letter dated May 1, 2002 from John R. Rivers, Sr. stating that he is no longer affiliated with the developer of the project. He states he owns lot 10 and has an issue regarding the release of bond money to the developer until after they have removed the steel bridge and iron water pipe sitting on the corner of Birch Woods Drive. Zambernardi reads a letter dated June 18, 2002 from Frank Killilea recommending that the Planning Board grant the extension. This letter recognizes that the ductile pipe and the abandoned steel bridge located in the right-of-way must be removed. Thomson: motion to grant the extension of the construction completion date to August 1, 2002, seconded by Flannery. All members in favor. Motion carries. Master Plan Presentation – Ken Buckland (The Cecil Group) Ken Buckland from the Cecil Group provides an overview of the Master Plan process. The Master Plan process started in 1999, which included the following: · Public workshops · Community Attitude Survey · Public meetings · Master Plan Steering Committee monthly meetings · Joint meetings with the Open Space and Recreation Committee/Harbor Management Authority Buckland provides an overview of the major topics including: · Land Use · Transportation and Infrastructure · Housing · Residential Development and Open Space · Economic Development Buckland states adoption of the Master Plan is by vote of the Planning Board and asks if members of the Planning board have any questions. Planning Board Minutes June 18, 2002 Page 7 Grimes expresses her appreciation and applauds all of the work done, but in terms of getting to the “nitty gritty”, it cannot get done tonight. The Planning Board is by statute the maker of the Master Plan and the Planning Board needs to discuss more in detail at a special meeting. She states it would be highly irresponsible for the board to vote on it this evening. Scott Houseman, member of the Master Plan Steering Committee and Chairman of the Zoning Board of Appeals informs the board that the ZBA has before it, within 4–6 weeks, an application for a variance involving 70 units to be built along the Beverly/Wenham line (near Gordon College). He states he will probably asks the ZBA to adopt the Master Plan based upon the process that has already gone forward and incorporate it into the ZBA Rules and Regulations at the next ZBA meeting, so that the document can serve as some type of guidance for the board given the magnitude of the proposed project. It is unusual for the ZBA to have before it an application of such magnitude and Houseman’s concern is that the board has available to it something other than the “bare bones planning and zoning ordinances.” Dinkin states that he does not want to presume that any member of the board wishes to presume to tell another independent board what it may or may not do with its rules and regulations. He states it is his understanding, however, that a change to a municipal regulation will require a period of public input. You would have to post a public hearing in order to adopt this, or any document as a part of the rules and regulations. If the ZBA chooses to use the document to provide internal guidance, there ought to be nothing in the Master Plan draft that would obviate need for the applicant to demonstrate hardship as defined in the statute. Dinkin asks for more information regarding the proposed ZBA application. Houseman responds that it is an application to create congregate housing in a property that is presently zoned industrial near Boulder Lane and Gordon College (off Route 128). Maureen Troubetaris, a member of the Master Plan Steering Committee and Councilwoman stresses the seriousness of all boards coming together for a common cause. Houseman asks for a flavor of some of Grimes’ concerns because most of the Master Plan Steering Committee members are available to answer questions. Grimes states she would like time to boil it down and be prepared. Don Preston, a member of the Master Plan Steering Committee states that the process involved the community in public hearings and stresses that the document is a “working” document. It is just a starting point and the real process starts afterward. Planning Board Minutes June 18, 2002 Page 8 Joanne Avallon, a member of the Master Plan Steering Committee states that while it is the Planning Board’s authority and responsibility to adopt the Master Plan, it was statutorily the responsibility of the community to draft the plan itself and she hopes the Planning Board respects the Master Plan’s need to draft it. The committee was clear on its responsibility. Dinkin states that he does not regard this stage of the process as adversarial but regards it as both deliberate and cooperative. The Planning Board does believe it should take the opportunity to deliberate and would be remiss if, as a group, the board did not bring its collective experience to the deliberation. George Simon, a member of the Master Plan Steering Committee expresses concern delaying the adoption of the Master Plan. Grimes: motion to take up consideration of the City of Beverly’s draft Master Plan at the next scheduled Planning Board meeting on July 16, 2002, seconded by Flannery. All members in favor. Motion carries. Dinkin asks that the members of the Master Plan Steering Committee be advised of the July agenda in advance of the meeting. Cogswell Avenue Minor Subdivision – Completion of Subdivision – Peter Scouras Zambernardi reads a letter dated June 18, 2002 from Peter Scouras into record requesting that the Cogswell Avenue minor subdivision be considered complete. She also reads a letter dated June 18, 2002 from Frank Killilea into record recommending that the Planning Board consider the Cogswell Avenue Minor Subdivision complete and recommend acceptance. Thomson: motion to recommend to the city acceptance of the Cogswell Avenue Minor Subdivision as a city way, seconded by Flannery. All members in favor. Motion carries. Approval of Minutes – May 21, 2002 Flannery: motion to accept the minutes dated May 21, 2002 as written, seconded by Grimes. All members in favor. Motion carries. Adjournment Grimes: Motion to adjourn, seconded by Flannery, all members in favor, no one opposed. Motion carries. Planning Board Minutes June 18, 2002 Page 9 The meeting is adjourned at 9:25 p.m.