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2005-11-15 City of Beverly, Massachusetts Public Meeting Minutes BOARD: Planning Board TOPIC: Regular Meeting DATE: November 15, 2005 PLACE: Council Chambers, Beverly City Hall BOARD MEMBERS PRESENT: Chairperson, Richard Dinkin, Vice Chairman, John Thomson; Ellen Flannery (arrives at 7:45 p.m.); Joanne Dunn; Donald Walter; Eve Geller-Duffy; Jason Silva; Charlie Harris OTHERS PRESENT: Leah Zambernardi, Assistant Planning Director RECORDER: Leah Zambernardi The regular meeting of the Beverly Planning Board is called to order. Dinkin states he will put the first item on the agenda on hold until Flannery arrives. Set Public Hearing - Site Plan Review Application #85-05 - 107R Brimbal Avenue - Redgate Realty - Jeff Lawler Zambernardi states that Redgate Realty has submitted a site plan application to build a 50' x 100' steel storage building on property at 107R Brimbal Avenue. She states that site plan review is triggered because a second building is being built on a lot in an IR Zone. Thomson: Moves to set a public hearing for Site Plan Review Application #85-05 for Tuesday, December 20, 2005 at 7:30 p.m. Harris seconds the motion. All members are in favor. Motion carries 7-0. Set Public Hearing - Proposed Amendments to Planning Board's Rules and Regulations Governing the Subdivision of Land Zambernardi states that the City's GIS Coordinator, Roland Adams, has requested that the Board obtain electronic files of plans from applicants upon their approval. She states the way to do this is by amending the Board's Subdivision Rules and Regulations through a public hearing. She states she would also like to include updating of the fees and of the paper filing requirements to reflect the Board's current administrative practices. Thomson: Moves to set a public hearing to consider amending the Board's Subdivision Planning Board Minutes November 15, 2005 Page 2 Rules and Regulations for Tuesday, December 20, 2005 at 8:00 p.m. Geller- Duffy seconds the motion. All members are in favor. Motion carries 7-0. Set Public Hearing - Site Plan Review #86-05 - 63 Dodge Street (North Beverly Plaza) - Beverly National Bank Zambernardi states that the Board has received a site plan review application from Beverly National Bank to construct a new 3,558 s.f. bank structure with associated parking additions and landscaping. Thomson: Moves to set a public hearing on Site Plan Review Application #86-05 for Tuesday, December 20, 2005 at 8:30 p.m. Walter seconds the motion. All members are in favor. Motion carries 7-0. Flannery arrives at 7:45 p.m. Discussion/Decision: Modification/Clarification to Special Permit #107-03 for a pork chop lot - 5-7 Elmtop Lane Harris recuses himself from this petition. Eligible voting members are Dinkin, Thomson, Flannery, Dunn, Walter and Geller-Duffy. Dinkin states that the public hearing was closed at the last meeting. He states that the request is to modify/clarify Condition #3(ii) of the Board's approval letter dated 11/27/03 related to residential sprinklers. Attorney Marshall Handly represents the applicants and states that that the requirement for residential sprinklers is that homes beyond 500 feet of a looped main, based on the measurement criteria applied by the Fire Department, need to have them. He states that when the actual structure at 7 Elmtop Lane was put on the ground, the Fire Department measured the distance and determined that it is not more than 500 feet away. Thomson: Moves to suspend the Rules of the Board to allow Fire Chief Rick Pierce and former Deputy Chief Clark Mitchell to speak to the Board in their capacity as municipal officials. Seconded by Dunn. All members are in favor. Motion carries 6-0. Pierce states that in late 2002/early 2003, the old estate with the old driveway was still on the ground. He states they took a measurement from the nearest looped main on Ober Street up the old driveway to the house. He states that after 7 Elmtop was put in the ground with a new driveway, they re-measured and found that the distance was about 460 feet, therefore they do not need sprinklers. Planning Board Minutes November 15, 2005 Page 3 Mitchell states that the driveway which triggered the old measurement no longer exists. He states that in his initial letters which required sprinklers, the Fire Department assumed they would use the old driveway and the measurement was taken using it. He states that his other requests, such as widening the opening at the entrance of Elmtop Lane were addressed. Dinkin asks if the measurement is taken in linear feet up the roadway. Pierce confirms it is measured up the roadway to the foundation. Dinkin asks for more clarification and states he is prone to ask for a third measurement but that he is not sure it is necessary. Thomson states that his thoughts when he first looked at this request were that he wanted to know if the Board had a concern about sprinklering and he did not find evidence of that after reviewing the record. He thinks the situation is confused by the fact that when we started out, this was a proposal for a 4-lot subdivison. Due to negotiations with neighbors, the plan that came back was one "as of right" lot and one pork chop lot. Our jurisdiction at the time was the pork chop lot and the other lot was an ANR lot. The Board was pleased that the neighbors had come to an agreement with the developer and he thought it was a good outcome. He states that the Board was probably reminded to add the requests of the Fire Department on as conditions by Planning Staff and the Board did so because it was at the request of the Fire Department, not because the Board was overly concerned. He states that having heard now that the Fire Department is not concerned, and that the applicant took the route of consulting with municipal officials, but despite the unfairness to neighbors he thinks the Board should not stick to this condition and that the Board should allow the condition to be modified. Thomson: Moves to clarify Condition #3(ii) of Special Permit #107-03 to allow that the residence constructed at #7 Elmtop Lane not be required to install residential sprinklers as it is not the intention of the City to require that properties that are within 500 feet of a looped water main be required to have residential sprinklers. All other conditions of the special permit shall remain in full force and effect. Flannery seconds the motion. All members are in favor. Motion carries 6-0. Handly states that his clients fully intend to install sprinklers at #5 Elmtop Lane when it is constructed. Discussion/Recommendation: City Council Order #206 - Proposed Zoning Amendment - Section 29-25 - Signs - Recommendation to the City Council Zambernardi states that there were a number of proposed Zoning Amendments that were presented at the joint public hearing with the City Council on November 7. She states that the Board made recommendations on all proposed amendments except for those related to signs. She states that the amendments to the sign ordinance include reducing the height for projecting signs, eliminating a provision related to nonconforming signs that conflicts with M.G.L. 40A Section 6 and case law, and allowing sandwich board signs. She states Planning Board Minutes November 15, 2005 Page 4 that the most contentious seemed to be sandwich board signs. She provides some insight to the Board as to why this amendment is proposed. She states that from the early 1990's until 2003 sandwich board signs were allowed. She states that when the sign ordinance was amended in 2003, this part of the ordinance was amended to prohibit sandwich boards or "portable signs". She states there was little discussion over this during the public hearings. She states that after passage of the ordinance there was hardly any compliance by business owners. She states that the Design Review Board and the Building Inspector started a small campaign to alert business owners of this regulation by putting articles in the newspaper and the North Shore and Beverly Chambers of Commerce newsletters and by speaking with business owners. Still there was little to no compliance. She states that businesses feel very passionately about being able to have these types of signs because it increases visibility of their businesses. She states that the Ordinance amendment was put through in order to get a clear direction from the Council that they should not be allowed or that they should be allowed under certain restrictions. She states that the proposal includes allowing sandwich board that are at a certain size, that leave a certain clearance on the public sidewalk, that are taken down after business hours, etc. Dinkin states he would like to give the businesses tools to remain competitive in society. He states that owners of businesses are more equipped to determine what is good for their business than us. He questions whether there has ever been a reported accident involving these signs. Zambernardi states she has not heard of any during her tenure with the City. She states that the Police Department or the Solicitor's office might have a record. Walter states that if the ordinance is on the books, it should be enforced. Flannery asks if the new ordinance would be better enforced. Zambernardi states it would be easier to enforce the new ordinance. Thomson: Moves to recommend to the City Council that it act favorable upon the proposed amendments to the Sign Ordinance. Geller-Duffy seconds the motion. All members are in favor. Motion carries 8-0. Subdivision Approval Not Required Plans (SANR's) a. 7 Tall Tree Drive - Thomas Carnevale Zambernardi states that Carnevale has submitted a plan showing a conveyance of approximately 17 acres of land from 7 Tall Tree Drive to land just south of the parcel which is owned by Endicott College. She states that technically, this plan meets the requirement for ANR endorsement, however this lot was part of a Settlement Agreement which resulted in a 3-lot subdivision plan in the late 1990s. She states that agreement has a stipulation that the 3 lots cannot be further subdivided for additional building lots. She states there is a notation to this effect on the ANR plan. Planning Board Minutes November 15, 2005 Page 5 Thomson questions whether this plan is acceptable. Zambernardi states that absent that stipulation the lot could potentially be subdivided in the future. Dinkin states the question is whether this is an ANR or a conventional subdivision. He states that if the Board can be assured that the restrictions on further subdivision of the lot will carry through on the title and the plan, this would be an ANR. Attorney Thomas Alexander, representing the applicant, states that the plan would be recorded and that would ensure the land is not further subdivided. He adds there is also a notation that the 17-acre parcel is "non-buildable". Thomson states he is satisfied with the plan having those notations. Thomson: Moves to endorse the plan as one not requiring approval under the Subdivision Control Law. Silva seconds the motion. All members are in favor. Motion carries 8-0. b. 111 Brimbal Avenue - Ralph Cerundolo/Redgate Realty Trust Zambernardi states that this plan is to convey a piece of a parcel owned by Ralph Cerundolo on Otis Road to a parcel owned by Redgate Realty Trust. Thomson asks about the status of Otis Road and its condition. Attorney Thomas Alexander representing the applicant states that Otis Road is shown on a subdivision plan approved by the Planning Board in the late 1950s. He also states the road is paved. Thomson: Moves to endorse the plan as one not requiring approval under the Subdivision Control Law. Dunn seconds the motion. Motion carries 8-0. c. 29R West Street - Michaud Zambernardi states that this plan involves conveyance of railroad-owned property off of West Street to property of Michaud. Thomson: Moves to endorse the plan as one not requiring approval under the Subdivision Control Law. Walter seconds the motion. Motion carries 8-0. Other Business a. Future Meeting Dates The Board votes to set the meeting dates for January and February 2006 to Tuesday, January 24, 2006 and Wednesday, February 22, 2006. Zambernardi states that meeting locations are to be determined. b. Holiday Dinner Planning Board Minutes November 15, 2005 Page 6 The Board votes to hold the holiday dinner at Harry's 240 on Tuesday, December 13, 2005 for cocktails at 6:30 p.m. and dinner at 7:00 p.m. Approval of Minutes Flannery: Moves to approve the minutes of November 7, 2005. Dunn seconds the motion. All members are in favor. The motion carries 8-0. Adjournment Silva: Moves to adjourn at 8:30 p.m. Walter seconds the motion. All members are in favor. Motion carries.