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2003-09-16 City of Beverly, Massachusetts Public Meeting Minutes BOARD: Planning Board SUBCOMMITTEE: DATE: September 16, 2003 PLACE: Beverly City Hall BOARD MEMBERS PRESENT: Chairperson Richard Dinkin; John Thomson, William Betts, Joanne Dunn, Ellen Flannery, Daniel Hamm, Elizabeth McGlynn, Robert Rink OTHERS PRESENT: Leah Zambernardi, Asst. Planning Director, Debra Hurlburt, Planning Director RECORDER: Jeannine Dion Chairperson Dinkin calls the meeting to order at 7:30 p.m. Thomson: Motion to recess and reconvene for a scheduled public hearing, seconded by Flannery. All members are in favor. Motion carries. Public Hearing - Site Plan Review Application #76-03 – Shaw’s Supermarket relocation to former Ames Building – Construction of a 1,590 sq. ft. loading dock, compactor pad, landscaping and parking – S.R. Weiner Assoc./Appledore Engineering Dinkin states that the public hearing was opened at the July meeting. The applicant is proposing to construct a loading dock, landscaping and reconfiguration of parking. At the last meeting, abutters raised concerns about proximity and visibility of the loading docks and trash compactor to local residents, odors and trash, delivery times and rooftop mechanical equipment. Steve Haight from Appledore Engineering appears on behalf of the applicant, Shaw’s Supermarket. He states that after meeting with the Design Review Board, Parking and Traffic Commission and the neighbors, the applicant decided to relocate the dock and compactor to the side of the building. The three bay loading dock will be behind a screened wall. Thomson asks if there will be screening for the residents of Beverly Commons, who expressed concern about the trucks. Mr. Haight responds that the residents of Beverly Commons did not attend the neighborhood meeting but the applicant tried to address all of the concerns. Dinkin asks if members of the public have any questions. Planning Board Minutes September 16, 2003 Page 2 David Filtranti, 5 Beverly Commons Drive request that a time limit be determined for truck deliveries. Dinkin asks if there are comments in opposition of the project. There are none. Dinkin asks if there are comments in support of the project. There are none. Dinkin calls the regular meeting of the Beverly Planning Board to order. Discussion/Decision - Site Plan Review Application #76-03 – Shaw’s Supermarket relocation to former Ames Building – Construction of a 1,590 sq. ft. loading dock, compactor pad, landscaping and parking – S.R. Weiner Assoc./Appledore Engineering Zambernardi reads the following letters into record: · Letter from the Beverly Health Department dated September 12, 2003. · Letter from the Police Department dated September 4, 2003. · Letter from the Parking and Traffic Commission dated September 9, 2003. · Letter from the Design Review Board dated September 9, 2003. · Letter from the Fire Department dated September 10, 2003. · Letter from the Engineering Department dated September 15, 2003. Thomson: Motion to approve the Site Plan Review Application #76-03 for Shaw’s Supermarket as presented with the conditions set forth in the letters from the city departments and limitation of truck delivery time to 6 a.m. through 9 p.m. daily, seconded by Flannery. All members are in favor. Motion carries. Subdivision Approval Not Required Plans (SANR’s) 865 Hale Street – Kevin & Susan Barry/903R Hale Street – Alfred & Abigail Browne Zambernardi states the plan includes a conveyance of a 325 s.f. parcel from the land of Barry at 865 Hale Street to land of Brown at 903 R. Hale Street. The plan meets the Board’s requirements for endorsement as an ANR, and she recommends it be endorsed. Thomson: Motion to endorse the plan for 865 Hale Street and 903R Hale Street as one not requiring approval under the Subdivision Control Law, seconded by Flannery. All members are in favor. Motion carries. Planning Board Minutes September 16, 2003 Page 3 ANR - 97 Bisson Street – Joseph & Virginia Amore and Raymond & Kathleen Allen Zambernardi states the plan includes a conveyance of a 9,910 s.f. parcel from the land of Amore at 97 Bisson Street to land of Allen at 17 Orchard Street. The plan meets the Board’s requirements for endorsement as an ANR, and she recommends it be endorsed. Betts: Motion to endorse the plan for 97 Bisson Street as one not requiring approval under the Subdivision Control Law, seconded by Hamm. All members are in favor. Motion carries. ANR - 45 Enon Street – Commodore Plaza – Enon Street LLC The plan includes a conveyance of a 6,654 s.f. parcel from the land of the Commodore Plaza at 45 Enon Street to the abutting Stop & Shop property on Enon Street. The plan meets the Board’s requirements for endorsement as an ANR and she recommends it be endorsed. Hamm: Motion to endorse the plan for 45 Enon Street as one not requiring approval under the Subdivision Control Law, seconded by Thomson. All members in favor. Motion carries. ANR – Wood Lane – Anthony Jack Zambernardi states the filing for this plan is incomplete. Additional information is expected and this agenda item will most likely be taken up at the next meeting. ANR – 299 Dodge Street – Alipio Sabatini Zambernardi states this plan includes a conveyance of an 85,874 s.f. parcel from land of Sabatini at 299 Dodge Street to land of Carmen Frattarolli. This conveyance will create a buildable parcel with frontage on Beaver Pond Road. Thomson: Motion to endorse the plan for 299 Dodge Street as one not requiring approval under the Subdivision Control Law, seconded by Flanney. All members are in favor. Motion carries. Public Hearing – Cleveland Road Extension Definitive Subdivision Plan and Acceptance of Form G Covenant: 391R Elliott Street – William Beard Zambernardi reads the legal notice. Planning Board Minutes September 16, 2003 Page 4 Attorney William Bowler of 6 Bay Road, Hamilton speaks on behalf of the petitioner. He states that the applicant appeared before the board with a preliminary plan for a minor subdivision in January of 2001. The work included extending Cleveland Road and providing a turnaround for emergency vehicles. Deficiencies in the preliminary plan were identified and addressed by the applicant. On February 20, 2001, the Planning Board took no action on the preliminary plan and asked that the applicant submit a determination as to whether they have a legal right to construct the roadway as proposed. Attorney Bowler stated that he submitted a letter indicating that “Cleveland Road Extension is a validly created private way currently in legal existence, which was accepted by the Planning Board at their March, 2002 regular meeting. He explains that they are now presenting a definitive plan for the property. Bob Griffin, Griffin Engineering states that Cleveland Road will be extended by 90 feet to provide access to the existing parcel of land. The applicant is proposing a hammerhead turnaround and the installation of a fire hydrant. Zambernardi reads the following letters into record: · A letter from the Police Department dated August 26, 2003. · A letter from the Fire Department dated September 3, 2003. · A letter from the Board of Health dated August 13, 2003. · A letter from the Conservation Commission dated September 15, 2003. · A letter from the Engineering Department dated September 15, 2003. Thomson asks about the question of rights of use. Attorney Bowler responds that he provided a letter, which was accepted by the Planning Board indicating that the applicant does have right to use the street. Don Wood, 62 County Way Extension asks how many houses will be built and he expresses concern about safety during construction. Griffin responds one house is being proposed and he states that a condition could be imposed that no construction vehicles can park on County Way Extension. Griffin provides a list of requested waivers. · Width of street – proposing 24 feet. · Length of dead-end street – extending by 90 feet. · Turnaround for dead-end – proposing a hammerhead turnaround. · Proposing to extend the 6 inch water line. · Utilities – proposing above-ground utilities. · Proposing 3 ½ foot wide sidewalks on the west side of the street. Planning Board Minutes September 16, 2003 Page 5 · Curbs and berms – bituminous on both sides (consistent with the Cleveland Road build out). Thomson asked Mr. Griffin to explain the drainage and where runoff from the site will go. Griffin responded that runoff will go onto Beard’s property. Rink asks if there is a requirement for sprinklers. Griffin responds that sprinklers will be installed in the home. Dinkin puts the public hearing into recess. The regular meeting is called back to order. Subdivision Approval Not Required Plans (SANR’s) ANR - Extended Stay America, Bohler Engineering and T. Flatley – Conant Street and Cherry Hill Drive Zambernardi states the plan splits an approximately 10-acre lot owned by T. Flatley into two separate lots. One lot, at the corner of Conant Street and Cherry Hill Drive will be 3.21 acres and will be the location of the proposed Extended Stay America Hotel. The other lot, with frontage on Conant Street will be 7.09 acres. The plan meets the Board’s requirements for endorsement as an ANR and she recommends endorsement. Flannery: Motion to endorse the plan for Extended Stay America – Conant Street and Cherry Hill Drive as one not requiring approval under the Subdivision Control Law, seconded by Hamm. All members in favor. Motion carries ANR - Euplio and Diane Marciano – 13 Prospect Street Zambernardi states the Marciano's filed an ANR plan in June 2003 with the board to divide a lot on Prospect Street. Two houses were situated on this lot that were in existence prior to Zoning. The Marciano’s requested to divide this lot with an ANR plan in accordance with Beverly Zoning Ordinance Section 29-5.F-5, which states “…any lot on which more than one house existed at the time of the adoption of this Ordinance may be divided with a minimum of non-conformance, and sold to separate owners and used with a minimum of non-conformance.” The Marciano’s received an endorsement at the June meeting. As an afterthought, they decided to add a parking easement on one of the newly created lots and are coming back to the Board to add the parking easement on the plan before they record it with the Registry of Deeds. Planning Board Minutes September 16, 2003 Page 6 Thomson expresses concern that the lot is a substandard lot and the proposal is to make it more substandard. He states it is his inclination to deny it based on the area. Dinkin agrees that the proposal is to increase the degree to which a lot is non-conforming. Thomson: Motion to deny endorsement of the ANR on the basis that it does not comply with area requirements. As the applicant is not present tonight, he may be given the option to withdraw the plan without prejudice, or the plan will be denied. The motion is seconded by Flannery. All members are in favor. Motion carries. ANR - 5 Jacobs Avenue / Charles & Lorraine Bell – 9 Crescent Avenue The plan includes a conveyance of a 79 s.f. parcel from the land of Bell at 9 Crescent Avenue to land of Burke at 5 Jacobs Avenue. Currently a structure labeled “Boat House” on the plan is located on both of the parcels. The land conveyance would change the lot line so that the entire boat house structure would be contained on the land of Burke. The conveyance would make the nonconforming lot less nonconforming. A letter from Attorney James Timmons is read into record stating that the conveyance would cure a longstanding encroachment issue. Thomson: Motion to endorse the plan for 5 Jacobs Avenue as one not requiring approval under the Subdivision Control Law, seconded by Flannery. All members in favor. Motion carries. Recess and reconvene for Public Hearing. Site Plan Review Application #75-03 – Extended Stay America Hotel – Conant Street and Cherry Hill Drive Zambernardi reads the legal notice. Steve DeCoursey from Bohler Engineering represents the applicant. He states that the Extended Stay America Hotel will service the business community and will be complimentary to the business park and Cummings Park. The Zoning Board has issued several variances. The Parking & Traffic Commission and Design Review Board have approved the Site Plan Review. Dinkin asks if there will be food and beverages served at the site. DeCoursey responds that there will be no food and beverage served. Planning Board Minutes September 16, 2003 Page 7 Thomson asks if there will be screening. DeCoursey responds that the Design Review Board has worked with him on the landscaping plan. Zambernardi reads the following letters into record: · A letter from the Conservation Commission dated September 15, 2003. · A letter from the Board of Health dated September 15, 2003. · A letter from the Police Department dated September 4, 2003. · A letter from the Fire Department dated September 10, 2003. · A letter from the Parking and Traffic Commission dated September 9, 2003. · A letter from the Design Review Board dated September 9, 2003. · A letter from the Engineering Department dated September 15, 2003. Hurlburt states she spoke with Frank Killilea from the Engineering Department regarding his request for additional time to review the drainage study. She explained that he stated that he would be agreeable with a conditional approval pending his review of the drainage study. Dinkin asks if there are clarifying questions from members of the board. There are none. Dinkin asks if there are clarifying questions form members of the public. There are none. Dinkin asks if there are comments in opposition of the project. There are none. Dinkin asks if there are comments in support of the project. There are none. The public hearing is closed and the regular meeting of the Beverly Planning Board is called to order. Discussion/Decision – Cleveland Road Extension Definitive Subdivision Plan and Acceptance of Form G Covenant: 391R Elliott Street – William Beard Thomson states that he is concerned with the length of the dead end street. He is also concerned with overhead utilities, that the lot may be further subdivided, or that the road may be further extended. He does not want to give up on the dead end street policy. He states that there is a tradeoff element here. He would support the plan with all the waivers except for the overhead utilities. Flannery concurs. Thomson asks if there will be a guardrail of some sort at the end of the turnaround. Griffin states there is a guardrail shown on the plan. Planning Board Minutes September 16, 2003 Page 8 Thomson: Motion to approve the waivers of the subdivision regulations that are requested except for the waiver from underground utilities, which is denied, seconded by Flannery. Motion carries. Thomson: Motion to approve the definitive subdivision plan with the comments of the department heads incorporated as conditions, seconded by Flannery. Motion carries. Thomson: Motion to accept the Form G Covenant, seconded by Flannery. Motion carries. Discussion/Decision – Site Plan Review Application #75-03 – Extended Stay America Hotel Thomson: Motion to approve the Site Plan Review Application #75-03 – Extended Stay America Hotel subject to Engineering Department’s review and comments from the city departments, seconded by Rink. All members are in favor. Motion carries. Chapman Corner Estates Definitive Plan (28 lots) – 2 Boyles Street – David Carnevale/Manager, Manor Homes @ Whitehall LLC - Set Public Hearing Flannery: Motion to set a public hearing for Chapman Corner Estates Definitive Plan – 2 Boyles Street for October 21, 2003 at 7:30 p.m., seconded by Rink. All members are in favor. Motion carries. Beverly Commerce Park, Inc. – Site Plan Review Application #77-03 – Construction of 3-story office research building (21,000 sq. ft.) attached to existing garage – 950 Cummings Center Drive – Gerard McSweeney – Set Public Hearing Flannery: Motion to set a public hearing for Beverly Commerce Park, Inc. – Site Plan Review Application #77-03 for October 21, 2003 at 9:30 p.m., seconded by Dunn. All members are in favor. Motion carries. Public Hearing: Modification #2 to Site Plan Review Application #60-00 Commodore Plaza – Reduce land area by 6,654 sq. ft. and parking by 27 spaces. Allow for internal traffic circulation between subject property and abutting commercial property (Stop & Shop) – 45 Enon Street/Enon Street LLC Attorney Alexander states that in July 2000, Enon Street LLC received site plan approval to demolish the former Commodore Restaurant and to redevelop the parcel with a restaurant and two retail buildings with associated parking and landscaping. During the public hearing, members of the Planning Board suggested that an internal access road be Planning Board Minutes September 16, 2003 Page 9 provided between the parking lots of the Commodore property and the abutting Stop & Shop property. At that time, the property owners were not able to make the connecting access road and it was not added to the plan. In March 2002, Enon Street LLC received approval for a modification of the site plan to reduce one retail building by 11,200 s.f. and to reduce the parking by 103 spaces. They also eliminated the proposed underground parking. Enon Street LLC is now coming forward with a second modification to reduce the land area by 6,654 s.f. and parking by 27 spaces. This will allow room to provide internal traffic circulation between the Commodore property and the abutting Stop & Shop property. Peter Ogren, the engineer for the project also provides an overview of the project. Zambernardi reads the following letters into record: · A letter from the Conservation Commission dated September 16, 2003. · A letter from the Board of Health dated September 12, 2003. · A letter from the Police Department dated September 12, 2003. · A letter from the Fire Department dated September 10, 2003. · A letter from the Parking and Traffic Commission dated September 9, 2003. · A letter from the Design Review Board dated September 9, 2003. · A letter from the Engineering Department dated September 15, 2003. Zambernardi states that the Engineering Department had requested to review the water utility layouts prior to approval. She states that the Board may choose to approve the plan with his comments as a condition. Bill Welch, 7 Lincoln Street expresses concern about traffic, a buffer between Stop & Shop and residential properties, snow storage and limiting the time for truck deliveries. Ogren responds that they spent a lot of time during the site plan review discussing all of the topics. Welch states he has water on his property, which he never had before the project. Ogren responds that he notices the curb was done incorrectly and he will be sure it is corrected. The hearing is put into recess until 9:38 p.m. Public Hearing: Site Plan Review Application #73-03: Prescott Farms, Boulder Lane – Miles Group c/o Attorney Thomas Alexander Planning Board Minutes September 16, 2003 Page 10 Attorney Alexander states that the June 3, 2003 joint public hearing of the Planning Board and the Zoning Board of Appeals (ZBA) was canceled due to the ZBA’s incomplete deliberations on the variance. The ZBA continued their deliberations on the variance to their September 24, 2003 meeting. Attorney Thomas Alexander provides a request for a continuance of the public hearing to the October 21, 2003 Planning Board meeting. Thomson: Motion to continue the public hearing on the above-referenced site plan to the October meeting, seconded by Flannery. Motion carries. Public Hearing: Modification #2 to Site Plan Review Application #60-00 Commodore Plaza – Reduce land area by 6,654 sq. ft. and parking by 27 spaces. Allow for internal traffic circulation between subject property and abutting commercial property (Stop & Shop) – 45 Enon Street/Enon Street LLC Chris Serino, 9 Lincoln Street states that his concern about the project was privacy and it continues to be a concern. He provides picture of his property before, during and after the construction. The developer was supposed to provide screening, which was provided but does not meet the spirit of the agreement. Dinkin recommends that the applicants, Welch and Serino talk about a reasonable resolution to the problems and places the hearing in recess until later in the evening. Special Permit Application #107-03: Elmtop Lane – Pork Chop Shaped Lot – Michael and Robert Hubbard, Trustees, Elmtop Realty Trust Zambernardi reads the legal notice. Attorney Thomas Alexander representative for the applicant, states there have been several meetings with some of the neighbors and the parties have agreed to several conditions. He provides a list of the conditions to the board. Dinkin asks why an agreement between private parties should be conditions. Alexander responds that conditions are typically the result of negotiations between neighbors and an applicant. Dinkin asks Bob Griffin, the engineer, to provide an overview of the drainage. Dinkin places the hearing in recess. Public Hearing: Modification #2 to Site Plan Review Application #60-00 Commodore Plaza – Reduce land area by 6,654 sq. ft. and parking by 27 spaces. Planning Board Minutes September 16, 2003 Page 11 Allow for internal traffic circulation between subject property and abutting commercial property (Stop & Shop) – 45 Enon Street/Enon Street LLC Alexander states that the applicant agrees to the following: · Install an additional row of six foot tall arborvite, 3 to 4 feet on center (between the white property line). · Plant 1 white pine on the Welch property. · There will be no snow storage in the entire green space between the Welch property and the applicant’s property. · The applicant will submit As Builts by December 21, 2003 showing the water feed lines to the buildings on the site and grading consistent with the original approved site plan. The plantings will be done by December 21, 2003. The hearing is closed. The regular meeting of the Beverly Planning Board is called to order. Discussion/Decision: Modification #2 to Site Plan Review Application #60-00 Commodore Plaza – Reduce land area by 6,654 sq. ft. and parking by 27 spaces. Allow for internal traffic circulation between subject property and abutting commercial property (Stop & Shop) – 45 Enon Street/Enon Street LLC Thomson: Motion to approve Site Plan Review Application #60-00 as presented including the conditions with the abutters and all comments from the city departments, seconded by Flannery. All members are in favor. Motion carries. Special Permit Application #107-03: Elmtop Lane – Pork Chop Shaped Lot – Michael and Robert Hubbard, Trustees, Elmtop Realty Trust Mr. and Mrs. Horzempa, abutters to the project, express their concerns about the drainage and they would like more time to go over some of the information discussed at this evening’s meeting. Dinkin asks if there are comments in support of the project. Attorney McCann responds that his clients support the project. The hearing is closed. The regular meeting of the Beverly Planning Board is called to order. Planning Board Minutes September 16, 2003 Page 12 Discussion/Decision: Special Permit Application #107-03: Elmtop Lane – Pork Chop Shaped Lot – Michael and Robert Hubbard, Trustees, Elmtop Realty Trust Thomson states that there was a great attempt to resolve the abutters issues. He suggests that the applicant come back with a list of conditions that should be in the Planning Board decision. Thomson recommends that this is not resolved until the Horzempa’s have time to get information and speak with Frank Killilea in the Engineering Department. Dinkin recommends that the Horzempa’s schedule an appointment with Frank Killilea. Dinkin lays this on the table until October 21, 2002. New/Other Business Flannery: Motion to approve the minutes dated April 28, 2003 and May 13, 2003 of the Joint Public Hearings with the Zoning Board of Appeals as written, seconded by Thomsom. All members are in favor. Motion carries. Flannery: Motion to approve the minutes dated June 17, 2003 and July 15, 2003 of the Beverly Planning Board as written, seconded by Thomson. All members are in favor. Motion carries. Adjournment Flannery: Motion to adjourn, seconded by Thomson. All members are in favor. Motion carries. The meeting is adjourned at 11:00 p.m.