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2004-06-15 City of Beverly, Massachusetts Public Meeting Minutes BOARD: Planning Board SUBCOMMITTEE: DATE: June 15, 2004 PLACE: Beverly City Hall BOARD MEMBERS PRESENT: Chairperson Richard Dinkin; Vice Chairman John Thomson, Joanne Dunn, Ellen Flannery, Daniel Hamm, Donald Walter OTHERS PRESENT: Leah Zambernardi, Assistant Planning Director RECORDER: Jeannine Dion (by tape) Dinkin calls the regular meeting of the Beverly Planning Board to order. Walter: Motion to recess and reconvene for a regular scheduled public hearing, seconded by Flannery. All members are in favor. Motion carries. Public Hearing (continued): Chapman Corner Estates – Definitive Subdivision Plan – 2 Boyles Street – Manor Homes at Whitehall, LLC/David Carnevale Thomson : Motion to waive reading the legal notice, seconded by Hamm. All members are in favor. Motion carries. Voting members are Dinkin, Flannery, Thomson, Hamm, Walter. Zambernardi states Attorney Thomas Alexander, representative for the applicant, submitted a request for a waiver to July 30, 2004. Thomson: Motion to continue the hearing for Chapman Corner Estates – Definitive Subdivision Plan to July 20, 2004 at 8:30 p.m., seconded by Flannery. All members are in favor. Motion carries. Thomson asks about Daniel Hamm’s membership on the Planning Board. Zambernardi responds that the City Council has approved Dan Hamm to continue as a member until the end of October 2004. Dinkin calls the regular meeting of the Beverly Planning Board to order. Dinkin asks for the Board’s permission to ask the Assistant Planning Director to express the Board’s interest in closing the hearing at the next regular meeting. Zambernardi will Planning Board Minutes June 15, 2004 Page 2 speak with Attorney Alexander about Hamm’s status on the Board and the Board’s desire for this matter to close. Subdivision Approval Not Required (SANR’s) 245 Dodge Street – Henry Bertolon The application involves the conveyance of 2,822 s.f. parcel from Mr. Bertolon’s land at 255 Dodge Street to his land at 245 Dodge Street. No new lots are being created. Both lots meet the requirements for endorsement of an ANR and staff recommends that it be endorsed as such. Thomson: Motion to endorse the ANR plan for 245 Dodge Street as one not requiring approval under the Subdivision Control Law, seconded by Flannery. All members in favor. Motion carries. 569 - 571 Hale Street Zambernardi states that 569 to 571 Hale Street are involved. The proposal is a net gain of two ANR lots, both of which have the necessary minimum frontage and area. The members review the plan. Thomson: Motion to endorse the ANR plan for 569 – 571 Hale Street as one not requiring approval under the Subdivision Control Law, seconded by Flannery. All members in favor. Motion carries. 12 Cleveland Road Zambernardi states the parties want to extinguish the property line that separates them. The members review the plan. Thomson: Motion to endorse the ANR plan for 12 Cleveland Road , as one not requiring approval under the Subdivision Control Law, seconded by Walter. All members are in favor. Motion carries. Off Paine Avenue - Cutler Attorney Mark Glovsky states the Form A plan shows the division of the property owned by the Cutler Realty Trust, shown as Lot 1 and 2 on the plan. The proposal is to add land to make the lot in conformance for future development. Planning Board Minutes June 15, 2004 Page 3 Thomson: Motion to endorse the ANR Plan for Paine Avenue, as one not requiring approval under the Subdivision Control Law. Seconded by Dunn. All members are in favor. City Council Order #138 – Recommendation to City Council – Proposed Amendment Request by Property Owner Rezone parcel at Cummings Center from “IG” (General Industrial) to “IR” (Restricted Commercial) – 201 Elliott Street (950 Cummings Center Drive) – Beverly Commerce Park, Inc. (Gerard McSweeney) Dinkin states that Cummings Properties submitted a request to change the zoning on their 2.1 acre parcel at the corner of Elliott and McKay Streets from General Industrial (IG) to a Restricted Industrial/Research/Office District (IR) in order to construct a 6-story hotel. At the special meeting of the Board held immediately after the joint public hearing on June 3, 2004 members expressed their concern that this rezoning may be vulnerable to a legal challenge that it is “spot zoning.” As a result, the Board requested that Cummings Properties submit a legal opinion on this matter for review and recommendation by the City Solicitor. Roy Gelineau, City Solicitor, states he read the opinion from the Cummings Center and provides comments regarding the legal opinion. He states if you read the Master Plan, there is a substantial reason to suggest that this proposal is consistent with what is proposed in the Master Plan. Dinkin notes that the sections of the Master Plan which were cited are the community vision, the economic development goals, and the section on developing increased opportunities for tourism. Dinkin states citizens will have some time to speak on the substance of this proposal at a later date. What is being proposed for this site is not a use by right and will require additional public hearings. Thomson asks Gelineau if he has reviewed specific cases related to spot zoning. Gelineau states he has. Thomson asks Gelineau if he believes the opinion from the Cummings Center is fair and accurate. He states he agrees and that if it is the city’s will, and if it serves a public purpose, the courts would probably agree with the city. He states this use is consistent with how Cummings Center uses its property. The use is not a random selection. Thomson asks a question about public benefit and property ownership. Gelineau states that this could still be challenged in court. His view is that someone would not be successful. Planning Board Minutes June 15, 2004 Page 4 Thomson states this is an excellent idea for a project, which will benefit the city tremendously. The location, if not ideal, is certainly acceptable. The area is minimally populated by residents. It is unfortunate that King’s Grant, which was an ideal location, has closed. This area is serviced by two major arteries of the city. Elliott Street is a street capable of holding traffic. He is delighted to see a hotel there, since the proposed hotel at Cherry Hill isn’t being constructed. He states the public benefit of a hotel is very substantial. Thomson: Motion that the Planning Board recommend to the City Council that the zone change be approved, seconded by Hamm. All members are in favor. Motion carries. Open Space Residential Design (OSRD) – Draft Ordinance Planning Board Vice-Chair, John Thomson, and Zoning Board Co-Chair, Scott Houseman, have developed a draft OSRD Ordinance. The draft has been reviewed and commented upon by the Comprehensive Rezoning Committee and is being submitted to the Board for its review and comment. Thomson asks if Scott Houseman, the Zoning Board Chairman, may speak. He states that he thinks it is important as a legislative function to allow him to address the Board. He asks the Board to consider waiving the requirements to allow Scott Houseman to be heard, so, as the Board takes this Ordinance into consideration before the July meeting. It could also consider Houseman’s comments. The members recess for 5 minutes. The Board reconvenes. Thomson asks the Board to consider waiving the rules to allow one of the drafts people of the Ordinance to briefly speak. He states the Board is in its legislative function at this point. Thomson : Motion to suspend the rules to allow Scott Houseman to speak on the chief features of the Ordinance. Walter seconds the motion. Discussion on the motion: Dinkin states he is strongly opposed as a matter of equity. The Board denies other people to speak at a non-advertised public meeting. This proposal technically will not have a proponent until the Board decides to become its proponent. Given that there will be many opportunities for Mr. Houseman to speak to the Board in the future, he can’t support him speaking now. Flannery states the question would be, would we have to allow someone else to speak on a legal element. The motion does not carry (3-4) (Dunn, Thomson and Betts in favor) (Hamm, Flannery, Dinkin and Walter in opposition). Planning Board Minutes June 15, 2004 Page 5 Dinkin states that Mr. Thomson was a drafter of the Ordinance and he sits on the study committee. Dinkin urges the Board members to study the draft order and Mr. Houseman’s fact sheet carefully. This is the first of what he believes will be a large number of proposals of the Comprehensive Rezoning Study. In all cases, it will be the Planning Board who has standing to sponsor the proposals to the City Council. He urges the Board to study carefully and deliberate carefully. He urges members of the Board to call Mr. Houseman if they have questions on the draft. Flannery : Motion to recess and reconvene for a regular scheduled hearing, seconded by Hamm. All members are in favor. Motion carries. Public Hearing (continued): Special Permit Application #109 and Site Plan Review #80-04 – Pleasant Court Apartments (formerly Pisani’s Market) – Multi-family dwelling in which residential use comprises from 76% to 100% of total floor area. Raze existing non-conforming wood-frame, mixed-use building & construct one 5- story masonry building – one-story commercial & residential space & four stories residential with 2 levels of parking – 116 Rantoul Street/Roof Investors Thomson : Motion to waive reading the legal notice, seconded by Flannery. All members are in favor. Motion carries. Attorney Mark Glovsky, representative for the applicant, states a letter has been submitted to the Planning Board respectfully requesting a continuance to the next scheduled Planning Board meeting. He had hoped to wrap up with the Zoning Board before completing the process with the Planning Board. The hearing was continued with the Zoning Board until next Tuesday. He states there was a meeting a couple of weeks ago with Frank Killilea, Gerry Marsella, Leah Zambernardi, Rick Salvo (engineer) and Dave Dwyer because there is a significant amount of additional information that Zambernardi and Killilea have been asking for. Zambernardi asked that the information be returned to the Planning Board two weeks prior to the next scheduled meeting and asks for a continuance to July 20, 2004. Thomson: Motion to grant an extension of the public hearing for Special Permit Application #109 and Site Plan Review - #80-04 – Pleasant Court Apartments to July 20, 2004 at 9:30 p.m. Seconded by Flannery. The motion carries. Open Space Residential Design (OSRD) – Draft Ordinance (continued) Thomson states a couple of years ago a developer from Westborough explained the concept of open space design. This ordinance would have the attempt to have the site characteristics be the primary determinant of where properties get built and the rest of the Planning Board Minutes June 15, 2004 Page 6 design follows. It encourages a process of give and take. He describes each section of the Ordinance. Betts asks a question about ownership of the open space. Dinkin states that he supports the ordinance conceptually. He identifies problems he sees with the ordinance as drafted. He states that people with more than two acres will no longer be able to develop their property by right. There is no opportunity in the language that allows property development in a by-right manner. He states he also found a few minor problems with the details, which are fixable. The Board tables this discussion to the next meeting. The Board recesses for a scheduled public hearing. Public Hearing (continued): Special Permit #110-09 – Installation of Wireless Communication Facility in the Watershed Protection Overlay District – Beverly Airport, 46 L.P. Henderson Road, Sprint Spectrum/T. Greene Dinkin opens the hearing. Tim Greene from Terra Search displays photos of the project site. He states he submitted a Phase I to the Board. Frank Killilea states that drainage from that area goes to the Bass River, not Wenham Lake. Thomson asks about the question from the public at the last meeting regarding drainage to Wenham Lake. He asks if there is a difference between surface water and groundwater. Killilea states that Henderson Road is a dividing line. Drainage to the north goes to Wenham Lake and drainage to the south goes to the Bass River area. He states there is no study to support the claims that drainage is going to Wenham Lake. He states the Phase II is all the area north of Henderson Road. Dinkin asks for clarifying questions from the public. There are none. Dinkin asks for comments in opposition. There are none. Dinkin asks for comments in support. Ray Mahoney, 10 Beverly Hills Avenue, and member of the Airport Commission speaks in favor. Bob Mezzetti, Airport Manager, states the proposed location is ideal for a tower. It is out of the public eye and out of wetlands. It will improve the revenue of the airport and the general fund. It is an unmanned facility as well. He states it is a win-win situation. Planning Board Minutes June 15, 2004 Page 7 Leo White, 12 Steward Lane and Airport Commission member, speaks in favor. Paul Barnico, 11 Iverson Road and Airport Commission member, describes the history of the site and states he is in favor. Peter Simpson, 7 Thomas Road and Airport Commission member, states that the new airport hanger built in the buffer zone was permitted by DEP. The new structure will be in an upland position. Dinkin closed the public hearing. Thomson asked that if, in the course of digging, you found contaminants, would you do soil analysis. Greene stated that unless we were to find something such as an oil drum, there is no reason to do the soil test because it is uphill. Thomson asked what they would do if they did find contaminants. Greene stated that standard procedure would be to bring an LSP in. Thomson : Motion to grant the requested Special Permit for installation of a wireless communications facility in the Watershed Protection Overlay District with the condition that all comments from the City Engineer, the Conservation Agent, and the Board of Health Director are adhered to. Seconded by Flannery. Motion carries unanimously. The Board reconvenes its regular meeting. Minutes Flannery: Motions to accept the minutes of the March 16, 2004 regular meeting and the May 17, 2004 special meeting of the Board. Seconded by Walter. Motion carries unanimously. Dinkin asks staff to send the developers of Boulder Lane a letter similar to the one they will be sending to the developers of Chapman Corner. Adjournment Flannery : Motion to adjourn, seconded by Dunn. All members are in favor. Motion carries. The meeting is adjourned.