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2003-05-20 City of Beverly, Massachusetts Public Meeting Minutes BOARD: Planning Board SUBCOMMITTEE: DATE: May 20, 2003 PLACE: Beverly City Hall BOARD MEMBERS PRESENT: Chairperson Richard Dinkin; Joanne Dunn, John Thomson, Ellen Flannery, Patricia Grimes, Daniel Hamm, William Betts, Elizabeth McGlynn ABSENT: Robert Rink, Patricia Grimes OTHERS PRESENT: Leah Zambernardi, Asst. 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 (continued) - Site Plan Review Application #73-03 Prescott Farms/Boulder Lane – The Miles Group – Set Date for Continuation of Joint Public Hearing with Zoning Board of Appeals At the joint public hearing of the Planning Board and the Zoning Board of Appeals (ZBA) on May 13, 2003, Planning Board members voted to continue the public hearing to their regular meeting on May 20, 2003. The purpose of this meeting is to specify a date to continue the joint public hearing with the ZBA. McGlynn asks a clarifying question regarding the procedure. Dinkin responds that each board has to take two separate votes on two separate issues. In one case, which is the 14 lot PRD, the Planning Board’s vote must precede the ZBA’s vote. In the case of the variance, the ZBA vote must precede the Planning Board’s vote. In fact, if the ZBA votes in the negative, there is not longer a site plan to review. Dinkin states that the ZBA could close either or both public hearings in the next scheduled hearing, which is next week. The ZBA could take a vote on the variance but not on the PRD. Thomson: Motion to continue the public hearing to June 3, 2003 at 7:30 p.m., seconded by Hamm. All members are in favor. Motion carries. The regular meeting of the Beverly Planning Board is called to order. Planning Board Minutes May 20, 2003 Page 2 Subdivision Approval Not Required Plans (SANR’s) Folger Avenue/Winthrop Avenue – Bruce Burgess & Joyce Combe – Attorney Carmen Frattarolli Attorney Carmen Frattarolli states that the applicants have filed an ANR plan with the Board to divide a lot on Folger Avenue and Winthrop Avenue. Two buildings are situated on this lot that were in existence prior to the City’s adoption of the subdivision control law in 1954. The applicant requests to divide the lot with an ANR plan in accordance with the Massachusetts General Law Chapter 41 Sec. 81 L. He states he is mindful that if the ANR is approved by the Planning Board, it is not approving the zoning. Thomson asks what evidence Frattarolli has regarding the buildings. Zambernardi responds that she checked with the Building Inspector. Thomson: Motion to endorse the plan for Folger Avenue/Winthrop Avenue as one not requiring approval under the Subdivision Control Law, seconded by Flannery. All members are in favor, no one in opposition. Motion carries. 14 Beaver Pond Road - Attorney Carmen Frattarolli Attorney Frattarolli received an ANR for the creation of one buildable lot by conveying land from two separate parcels at 8 Beaver Pond Road in 1998. In September of 2002, there was subsequent ANR endorsement to divide lots at 6 Beaver Pond Road and 10 Beaver Pond Road for the creation of four new parcels. Frattarolli is seeking to create four additional lots with frontage on Beaver Pond Road. Two of the lots, closest to Dodge Street, are unbuildable. The remaining two lots are buildable lots with conforming frontage on Beaver Pond Road. These two lots become narrow after the required length of frontage and then widen out to the buildable portion of the lot. Thomson: Motion to endorse the plan for 14 Beaver Pond Road as one not requiring approval under the Subdivision Control Law, seconded by Flannery. All members are in favor, no one in opposition. Motion carries. Special Permit Application #98-97 Expiration – Airport Mini-Storage Beverly Airport, Inc./T. Ford Zambernardi states that Tom Ford received a special permit on November 24, 1997, which was scheduled to expire on November 21, 2000. Because the City was undertaking state- mandated environmental testing and study of the site in question, the construction allowed Planning Board Minutes May 20, 2003 Page 3 by the special permit could not commence by law. Mr. Ford has received several one-year extensions with the last being a 6-month extension to May 24, 2003. Zambernardi reads a letter from Tom Ford dated May 19, 2003 requesting another six month extension and a letter from Frank Killilea, the City Engineer, dated May 20, 2003 recommending that the Planning Board grant the six month extension as requested. Thomson: Motion to grant a six-month extension for Special Permit Application #98- 97- Airport Mini-Storage Beverly Airport, Inc., seconded by Flannery. All members are in favor. Motion carries. Special Permit Application #107-03 One Pork Chop Lot – 5 Elmtop Lane – Set Public Hearing – Michael & Robert Hubbard, Trustees, Elmtop Realty Trust Zambernardi states the applicant is requesting to set a public hearing on this matter for the board’s June 17, 2003 regular meeting. Thomson asks if this is a potential reduction from four lots to two lots. Attorney Alexander responds that is a reduction to two lots. Thomson: Motion to set a public hearing for Special Permit Application #107-03 - 5 Elmtop Lane on June 17, 2003 at 7:30 p.m., seconded by Dunn. All members are in favor. Motion carries. Site Plan Review Application #74-03 – One Stop Market – 174 Rantoul Street – Additional Landscaping per Site Plan Approval Letter for Review – Jaspal Gill Zambernardi states at the April 15, 2003 meeting, the board approved the Site Plan Application with the following conditions: 1. That a raised planter structure with plantings be incorporated, which surrounds the freestanding sign and curves around the edge of the property line at the corner of Rantoul Street and Broadway for review by the Planning Board. 2. That an additional strip of landscaping be placed at the southwest corner of the lot between Parking Space #1 and the sidewalk for review by the Planning Board. Winter Street Architects has submitted the additional plans for the board’s review. She states the Fire, Police and Engineering Departments had no issues with the plans. Hamm: Motion to accept the addendum to the landscaping plan for Site Plan Review Application #74-03 - One Stop Market – 174 Rantoul Street, seconded by Betts. All members are in favor. Motion carries. Planning Board Minutes May 20, 2003 Page 4 New/Other Business Zambernardi states the Open Space and Recreation Committee has finished its Open Space and Recreation Action Plan and the Committee is requesting time on the Board’s June 17, 2003 agenda to present the plan and to receive any comments. Members agree to place David Gardner, Chairman of the Open Space and Recreation Committee, on the June 17, 2003 agenda from 8:00 to 8:30 p.m. Birch Woods Subdivision – Completion Date Expiration – J.J. Phelan & Sons Zambernardi reads a letter from Frank Killilea from the Engineering Department dated May 20, 2003 regarding this matter. He states that Benchmark Survey has provided acceptable As Built prints for the Birch Woods Subdivision. Upon receipt of reproducible Mylar copies, he recommends that the board accept the Birch Woods Subdivision. Killilea states that this has been a long time in finishing this project. This has been one of the better contractors in Beverly. He has done an excellent job. The pump station, trees, etc., which will be turned over to the public, are first class. The power company keeps turning off the streetlights because the bills lapse. Killilea has had some discussions with the power company and they will clear him up through May 15, 2003 as being the owner and at that time he said he hope the City would take action. The bond expires at the end of the month. He recommends that the Planning Board recommend to City Council that they accept the Birch Woods Subdivision. The City would then take over the light bill and the operation of the pump station. Thomson: Motion to recommend acceptance of the Birch Woods Subdivision to City Council and to take no action on the bond, seconded by Flannery. All members are in favor. Motion carries. Inclusionary Housing Ordinance Zambernardi states that the Planning Department has completed the first draft of the Inclusionary Zoning Ordinance, which is currently being reviewed by the City Solicitor. She asks that the board members review the draft. Other Bayberry Lane – Conservation Easement Zambernardi states that a subdivision was approved on Bayberry Lane in 1984. A condition of the subdivision approval was a “conservation easement” which is intended to be a no disturbance area. The owners of 4 Bayberry Lane want to cut some trees down. Planning Board Minutes May 20, 2003 Page 5 The City arborist was sent to the site. Two ash trees are dead. The oak tree is fine. She recommends sending a letter to the owner of 4 Bayberry Lane stating that it is ok to cut only down the two dead ash trees because of the 1984 condition placed on the subdivision. Thomson: Motion to approve Zambernardi’s recommendation to send a letter to the owner of 4 Bayberry Lane stating that it is ok to cut down the two dead only ash trees because of the 1984 condition placed on the subdivision, seconded by Flannery. All members are in favor. Motion carries. Adjournment Hamm: Motion to adjourn, seconded by Dunn, all members are in favor. Motion carries. The meeting is adjourned at 8:30 p.m.