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
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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.
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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
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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.
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November 15, 2005
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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
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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.