2005-10-18
CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD: Planning Board
TOPIC: Regular Meeting
DATE: October 18, 2005
PLACE: Council Chambers, Beverly City Hall
BOARD MEMBERS PRESENT: Chairperson, Richard Dinkin, John Thomson,
Eve Geller-Duffy, Donald Walter, Charles Harris,
Ellen Flannery, Joanne Dunn
BOARD MEMBERS ABSENT Jason Silva
OTHERS PRESENT: Leah Zambernardi, Assistant Planning Director
RECORDER: Robin Levesque
Dinkin calls the regular meeting of the Beverly Planning Board to order.
Thomson: Moves to recess and reconvene for a regularly scheduled public hearing.
Seconded by Flannery. All members are in favor. Motion carries.
Susie’s Way Definitive Subdivision Plan – 2 Lots off Bridge Street -
Curtis Jones
Zambernardi reads the legal notice.
Attorney Carmen Frattaroli of Carmen A. Frattaroli and Associates, 319 Derby Street
representing the applicant states that Curtis Jones had a successful subdivision on
Virginia Avenue in the past. He states that they went before the board in 2002 with two
plans showing access on Virginia Ave and also off Bridge Street. He states they have
provided a preliminary sub-division plan last year and they had met with the City
Engineer in 2004, he states they have responded successfully with all their plans.
Frattaroli states they have submitted a new filing this year with only 2 houses and some
changes off Bridge Street which will include traffic lights and stop signs. He states that
in 2002, Sergeant Dennis Tarsook had no problem with traffic. He states he doesn’t
tknink it’s a major issue. Frattaroli states the applicant is requesting two waivers from
the following design standards outlined in Sections III and IV of the subdivision
regulations;
1. Section III, C.2.d – Major Features of Land – The regulations state that
the location of trees six inches in caliper measured four feet above the
ground are to be located on the site plan. Most of the subject property is
woodland. Only the trees located within the utility easement have been
located.
2. Section IV, A.2.e. – 30’ Property Line Radius. – The regulations state
that the property lines at street intersections shall be rounded or cut back
at a radius of not less then thirty feet. Due to the confinement of the
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October 18, 2005
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existing property lines, a thirty foot radius is not possible. The project
design includes a rounded curb line with a thirty foot radius that allows
satisfactory vehicular access to and from Bridge Street. In light of the
very limited right of way use that will occur pavement further expansion
of the pavement is not necessary, he stated.
Robert Griffin from Griffin Engineering states that the difference in this plan and the
others is the additional 50 foot length of roadway. He states the project proposes:
1. Constructing Susie’s Way, a 24 foot wide by approximately 350 foot
long roadway within an existing right of way.
2. Providing a hammerhead turn area at the end of Susie’s Way. The
applicant proposes to provide an easement to the City for this area
3. Constructing an 8 inch water line from Bridge Street to Virginia Ave and
installing a hydrant at the northern corner of Lot 5A.
4. Providing municipal, sewer, gas, electrical, telephone and cable services
by mean of a utility easement extending from Virginia Ave.
Griffin states they where before the Conservation Commission, except for the 50 foot
expansion and the 8 inch line.
Dinkin states that the hammerhead are all on private property.
Griffin states a good portion of it is within the easement.
Dinkin asks what the roll of the 50 foot extension plays.
Griffin states where the frontage on Lot 2 begins, it comes down to 150 feet of frontage,
Lot 1 extended the retaining wall 50 feet, which gives frontage of 100 feet.
Dinkin states before it reaches the hammerhead it meets with a private driveway.
Griffin states he thinks the frontage and the 250 feet are two different issues. He states
when we began the turn around it was 250 feet from Bridge Street.
Dinkin asks Griffin to trace the centerline for the right of way on the plan.
Dinkin asks Griffin to trace the property line for Lot 1 on the plan.
Zambernardi asks who owns the beginning of the right of way.
Thomson asks if any portion of the wetlands are spelled out.
Griffin states to the left there is a BVW and to the right an isolated wetland.
Thomson asks about the 25 foot NDZ, is it shown on the plan.
Thomson asks if it’s on file.
Griffin replies no not yet.
Zambernardi asks if he would explain the drainage.
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Griffin states there will be three catch basins which will eventually drain into the
wetland.
Walter asks who owns the right of ways.
Griffin states that Delano gives permission to pass over and the property owners will
have deeds for the Right of Way.
Dinkin states there will be any sidewalks.
Frattaroli states the right of way will be deeded to the homeowners.
Thomson asks about the jog.
Griffin states twenty-four foot pavement will be adequate room for two vehicles.
Thomson asks Zambernardi about the waivers.
Dinkin asks the public if they have any questions.
Robert Taylor of 23 Virginia Ave asks what is the total area of pavement and how large
of a structure is the retaining wall.
Griffin states the total are of pavement is 350 feet x 24 feet, the retaining wall varies in
height there is a 16 foot exposure.
Taylor asks where on the Bridge Street or the Virginia Avenue end.
Resident of 204 Bridge Street asks if any other lots will be created.
Griffin states no other lots will be created.
Frattaroli states that Curtis Jones will not be doing anymore building in that area.
Delano asks if they could subdivide for another lot.
Dinkin states yes the potential is there.
Robert Hague of 202 ½ Bridge Street asks if the road is 250 feet or 350 feet.
Griffin states he will explain it again.
Resident of 210 Bridge St.
Dinkin states Curtis Jones has the right to pass over.
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Dinkin asks who owns the property.
Frattaroli states that Mr. Delano owns the property; he shows the area on the plan.
Dinkin states I will assume he has the right to pass over.
Geoffrey Besse of 202 Bridge St. hands out information to the members, he states he is
representing himself and other residents. He states the project is based on waivers and he
opposes to them. He states his biggest concern is the access on Bridge St. He states he’s
lived there for 25 years and there has been a number of accidents. He states his primarily
concern is that the area has many accidents. Besse states he knows that Sergeant Tarsook
has given his approval. He states over a period of time others have tried to subdivide. I
am opposed to \this project, oppose to grant any waivers. I’m not clear to what the length
of the street is. How they develop this radius when it infringes on others property, Besse
stated.
Myra Herrick of 31 Cressy Street states she is familiar with the area. Herrick states she’s
aware of the hazards of Bridge Street. She states there have been some improvements on
Elliott Street but Bridge Street is a hazard. She states the right of way will narrow a piece
of land, in order to get access and egress on Bridge Street some fences will have to be
removed. Most houses have at least two vehicles and they may have visitors they will
have to access from hazardous Bridge Street, she stated.
Michalene Hague of 202 ½ Bridge St states if the police thought this was a safe place,
why are there speed traps. Curve is very dangerous; I’m against a waiver at that area she
stated.
Dinkin states he need to put this hearing in recess until 8:45 p.m. as there is another
public hearing at 8:15 p.m
Modification to Special Permit Application #107-03 for one pork-chop lot – 5-7
Elmtop Lane – Elmtop Realty Trust
Harris steps down.
Zambernardi reads the legal notice.
Attorney Marshall Handly of Abbott St. representing the applicant states the applicant
wishes to modify clause 3(ii): “That any new residence constructed more than 500 feet
from the layout of Ober Street have residential sprinklers”. He states that this
modification is requested to conform the Special Permit to the established policy of the
Beverly Fire Department that new residential l=construction on dead end streets and more
than 500 feet from a looped main be equipped with residential sprinklers. He states that
this policy is reflected in the recommendation of the Beverly Fire Department contained
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in the June 12, 2003 letter of Deputy Chief Mitchell to the Board. Handly states that the
minutes of the Planning Board meeting of October 21, 2003, reflect that the sprinkler
requirement was predicated on the assumption that any new residence would be in excess
of 500 feet from the Ober Street main, as described in the June 12, 2003 letter. Handly
states the modification. /clarification is requested and appropriate because:
1. The nearest looped main is in Ober Street.
2. It has been established by the Beverly Fire Department field
measurement that the residence at 7 Elmtop is well within the 500 foot
limit established by Beverly Fire Department standing policy.
3. Other accessory structures have been planned and permitted that would
not require sprinklers in any event.
Handly reads the letter from the Fire Department. Handly requests the members to
remove the condition form 7 Elmtop Lane.
Dinkin asks Zambernardi if the letter from the Fire Department is accurate.
Zambernardi reads a letter dated Oct 18, 2005 from Deputy Chief Wayne Francis,
Beverly Fire Department.
Handly states that 7 Elmtop has been completed 5 Elmtop hasn’t been started.
Dinkin asks which is on the pork chop lot.
Handly replies that 5 is.
Flannery states that it clarifies on the special permit that both have sprinklers.
Albert Decristoforo of 25 Ober Street states he was here at the first meeting and it did
state that both houses have sprinklers.
Handly states look at the special permit it states construction beyond 500 feet would have
to have sprinklers. He states it has been identified by the Fire Department that it’s not
beyond 500 feet.
Dinkin asks if there are any additional questions.
Dinkin asks if there are any questions for approval.
Dinkin asks if there are any questions for opposing.
Decristoforo states they said to have sprinklers in both 5 and 7 Elmtop.
Renee Mary of 274 Hale Street asks I thought pork chop lots where abolished
Thomson asks if the original plans showed sprinkler systems.
Handly states no, just fire alarms.
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Thomson asks when construction began.
Handly replies March 2003 at 7 Elmtop.
Flannery reads letter of June 12, 2003 form Fire Department and states the letter requires
sprinkler systems.
Dinkin states he believes the original letter from the Fire Departments measurements are
inaccurate, the second he states is more accurate.
Handly states the direct line from the main to the house is less than 500 feet.
Thomson asks if part of the record from other meetings, have those conditions been
waived.
Handly states the houses that need to be sprinkled are more than 500 feet. It was a
request from the Fire Department, this is not new construction, it falls in the Fire
Departments review, he stated.
Dinkin asks Handly to describe the extent of the construction that occurred prior to the
special permit.
Handly states I believe the foundation.
Thomson states I believe when we had a site visit there was a house.
Dinkin asks if there are any questions or comments.
Dinkin closes the hearing.
Discussion/Decision: Modification to Special Permit Application #107-03- 5-7
Elmtop Lane – Request to modify/clarify Condition #3 (ii) of approval letter dated
11/27/03 – Elmtop Realty Trust
Dinkin states he would like to view the minutes and the special permits, he asks
Zambernardi to email them to the members.
Thomson states I think I need to be satisfied.
Dinkin to Handly it is unlikely that you will get a decision tonight.
Thomson moves to continue its discussion until the next meeting on Tuesday, November
15, 2005. Seconded by Flannery. All members are in favor. Motion carries.
Dinkin states the Planning Board is in recess until 8:45 p.m.
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Harris returns.
Susie’s Way Definitive Subdivision Plan – 2 Lots off Bridge Street -
Curtis Jones
Dinkin asks if there are any questions in opposition.
Robert Hague of 202 ½ Bridge St. states there is a 30 foot radius, a proposed right of way
it infringes on my frontage. He states that Jones approached me and I declined, making
my frontage less than 100 feet, it takes away frontage on 204 Bridge Street also. The
City enlarged the guardrail; he wants to take it away. He states he has had vehicles in my
front yard and he wants to take the guardrail away.
Dinkin asks about information on the ownership.
Griffin states they have a flare at the intersection and they will be relocating the pole and
removing some of the guardrail. He states there will be no construction on Mr Hague’s
property.
Lorraine McGee’s Son of 42 Violet Street, Ct. states on behalf of my mother Lorraine
McGee of 6 Kathleen Drive there is a thin strip, I thought it would be difficult for two
houses, fought tooth and nail to protect wetland area; it’s a very active wetland and
habitat area. He states the sewer is going through both the wetlands. On behalf of my
Mother, we are in opposition of this project.
Dinkin asks if there are any other questions in opposition.
Hague asks if the turn radius City property and is it taking away from the sidewalk.
He asks if they will be taking his stone wall. He states that Jones has never taken me and
shown me these plans. I don’t like my property being taken away
Resident of 204 Bridge Street states clearly I don’t think Frank Killilea, Engineering
Director is in the habit of giving City property away. He asks if he will be able to park in
his driveway with this sidewalk. He states it’s the longest 250 foot road I’ve ever seen.
He reads a letter he wrote regarding this project.
Zambernardi asks if he would like to submit the letter into record.
Frank Delano of 206 Bridge Street asks if Jones accesses my land do I still pay the taxes
on this land.
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Frattaroli states the main concern people in this room have is the traffic. He refers to the
letter written by Michael Collins, Public Service Director, the last sentence.
Ward 1 City Councilor Maureen Troubetaris of 20A Davis Rd. states the safety issue is a
main concern; there has been a very long history of accidents. She states the Elliott and
Bridge Street traffic lights haven’t slowed the traffic. Take a good look, lots made of
waivers. She states she opposes the extension of the road. Opposes the 30 radius on
Delano property. She states it opens the opportunity for further development. I ask the
Planning Board not to approve this project.
Sharon Weir of 32 Cressy Street states that a car came down Bridge Street and went right
through my house. Weir states and the project infringes on the wetlands.
Hague asks where will the water go, who will maintain and also who will be snow
plowing.
Zambernardi reads letters submitted:
1. Dated October ____, Sergeant Dennis Tarsook, Beverly Police
Department
2. Dated October ____, Amy Maxner, Environmental Planner,
Conservation Commission
3. October 18, 2005, Deputy Chief Wayne Francis, Beverly Fire
Department
4. Dated October 17, 2005, William Burke, Director of Health Department
5. Dated October 18, 2005, Michael Collins, Director of Public Services for
Frank Killilea, Engineering Director
6. Dated October 14, 2005, Edward Spicer of 200 Bridge Street, letter of
opposition.
Rosemary Maglio of 30 Pleasant Street asks if the people who have levied there for over
twenty years been grandfathered. She states there have been a lot of accidents in that
area.
Hague states that Cressy Street is used as a turn around; as a result they are also part of
the traffic problem.
Dinkin closes the hearing.
Discussion/Decision: Susie’s Way Definitive Subdivision Plan off Bridge
Street/Curtis Jones
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Dinkin states neither the Planning Department of the Engineering Department has
permission to dispose of City property. It looks as though you may have a deed or
frontage problem.
Thomson states he has an issue about the turn a round, or hammer head. He states no
impacts from waivers, private property minimizes value. He states he’s had enough
testimonies. He stats he has a problem using the sidewalk in the radius. He states he’s
not in favor of granting any waivers.
Thomson moves to deny the project for the previously mentioned reasons and to grant o
waivers. Seconded by Geller-Duffy. All members are in favor. Motion carries.
Hayes steps down
Foster Lane – Preliminary Subdivision Plan (continued) – 30 Foster Street Creation
of cul-de-sac which would provide frontage for fie new lots – Hub Realty
Trust/Michael Hubbard
Robert Griffin from Griffin Engineering represents the applicant. Griffin reviews the
project stating the presented a plan in May and was asked to change the layout. He states
they where back in September with a cluster plan showing the houses on one side of the
property.
Griffin states that Dinkin asked them to provide public access and to provide catch basins
to exclude some of the puddles. Griffin states that there goal is to get some feed back so
they can file a definitive plan.
Thomson asks did you consider moving the houses to the northeast. Are there any trails
in use?
Griffin states the Girl Scout property constructed a fence.
Thomson asks how old the fence is.
Griffin states the fence is two to five years old.
Thomson asks about the trails.
Griffin states he walked the area a few times and there was no indication of any trails.
Thomson asks about OSRD
Dinkin states there heading in the right direction
Flannery asks about the drainage.
Griffin states there are catch basins along Foster Street and the pipe opposite 30 Foster
Street is to channel of to the Centerville Creek.
Dinkin asks if it would be an improvement.
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Griffin states a significant improvement
Zambernardi asks where the houses and the road are, how will it be graded.
Griffin states Lots 1, 2, & 5 are flat, Lot 3 constructed on grade, some filling and cutting,
Lot 4 is rather flat, not a whole lot of grading.
Flannery asks if they will be looking for a waiver.
Griffin states we would with this plan.
Zambernardi asks what is the grading of the new open space.
Griffin states that part of it is steep and the other is flat.
Flannery asks what the zoning is. Zambernardi answers R-22.
Thomson states the OSRD is designed for waivers, you need to come up with a better
design.
Dinkin asks the members if they have any additional questions.
Thomson states good effort made.
Thomson moves a No Vote. Seconded by Flannery. All members are in favor. Motion
carries.
Hayes returns.
SUBDIVISION APPROVAL NOT REQUIRED PLANS
8 Marion Avenue/Folger Avenue – Frank & Philip Tanzella
Thomson moves to endorse this plan. Seconded by Flannery. All members are in favor.
Motion carries.
783 Hale Street – Forbes Leland & Robert R. BORDEN, III
Thomson moves to endorse this plan. Seconded by Flannery. All members are in favor.
Motion carries.
Grover Street – John and Diane Hyland – Create Lot B
Thomson moves to endorse this plan. Seconded by Flannery. All members are in favor.
Motion carries.
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APPROVAL OF MINUTES
??Joint Public Hearing, June 6, 2005
??Joint Public Hearing, June 20, 2005
??Regular Planning Board Meeting, June 21, 2005
??Public Hearing with Legal Affairs, June 30, 2005
??Joint Public Hearing, July 5, 2004
??Regular Meeting, July 19, 2004
??Site Visit, July 23, 2005
Thomson states a work to the note taker, we move, we don’t motion.
Thomson moves to approve the minutes. Seconded by Flannery. All members are in
favor. Motion carries.
Thomson moves to adjourn at 10:20 p.m. Seconded by Geller-Duffy. All members are in
favor. Motion carries.
Adjournment at 10:20 p.m.
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