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2005-07-21 joint meeting (2) CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD: Planning Board TOPIC: Joint Public Hearing with the Legal Affairs DATE: July 21, 2005 PLACE: Council Chambers, Beverly City Hall BOARD MEMBERS PRESENT: Chairperson, Richard Dinkin, John Thomson, Eve Geller-Duffy, Jason Silva, Donald Walter, Charles Harris, BOARD MEMBERS ABSENT Ellen Flannery, Joanne Dunn OTHERS PRESENT: Ward 1 City Councilor Maureen Troubetaris, Ward 3 City Councilor John Burke, Ward 6 City Councilor Patricia Grimes, Leah Zambernardi, Assistant Planning Director RECORDER: Leah Zambernardi, Robin Levesque Dinkin calls Special Meeting to Order at 7:00 pm Discussion/Recommendation: City Council Order #105 – Proposed Zoning Amendment – Open Space Residential Design Site Plan Ordinance (OSRD) Thomson: Moves to waive the reading of the legal notice. Seconded by Harris. All in favor. Motion carries. Amendment #17 (Page 5) The Board decides to make the text read, “pursuant to an approved Abbreviated…” and to strike the “ process”, add the word “as” immediately after, and to strike the words “and approved by the Conservation Commission”. Amendment # 18 (page 5) The Board decides to leave this provision in the ordinance. Amendment #19 (page 5) The Board agrees to strike this provision. Amendment #20 (Page 5) The Board decides to let the Ordinance read, “(i) were performed by a Licensed Landscape Architect and (ii) were followed in determining the layout of proposed streets, buildings, house lots, and open space as shown on the required plans.” Beverly Planning Board - Meeting Minutes July 21, 2005 Page 2 Amendment 21 (Page 5) The Board agrees with Burke’s amendment. Amendment 22 (Page 5) The Board agrees with Burke’s amendment. Amendment 23 (Page 5) The Board agrees with Burke’s amendment. Amendment 24 (Page 6) The Board disagrees with Burke’s amendment and decides to leave the text in. Amendment 25 (Page 6) The Board agrees with Burke’s amendment. Amendment 26 (Page 6) The Planning Board agrees with this amendment but decides not to include it because it would make the ordinance more restrictive which means the ordinance would have to be re-advertised. Amendment 27 (Page 7) The Board agrees with Burke’s amendment. Amendment 28 (Page 7) The Board agrees to delete the text “in so far as practicable” only. Amendment 29 (Page 7) The Board does not incorporate Burke’s amendment. Amendment 30 (Page 8) The Board does not incorporate this amendment. Amendment 31 (Page 8) The Board agrees with this amendment. Beverly Planning Board - Meeting Minutes July 21, 2005 Page 3 Amendment 32 (Page 8) The Board agrees with this amendment. Amendment 33 (Page 8) The Board does not incorporate this amendment. Amendment 34 (Page 8) The Board does not incorporate this amendment. Amendment 35 (Page 8) The Board agrees to incorporate this amendment. Amendment 36 (Page 8) The Board accepts the amendment for deleting “/or” but does not accept the amendment to delete “and the general public”. Amendment 37 (Page 9) The Board does not accept this amendment. Amendment 38 (Page 9) The Planning Board does not accept this amendment. Amendment 39 (Page 9) The Board accepts this amendment. Amendment 40 (Page 9) The Board does not accept this amendment but agrees to clarify the “Increase Allowed” section. Grimes states she proposed an amendment to this section that was not included related to making minimum dimensional requirements. She states that she wants the minimum requirements to be at least those of the R6 zone. Houseman states that he feels very strongly that minimum dimensional requirements should not be included. Dinkin states he is on the fence. Troubetaris suggests they leave it alone and not include the Beverly Planning Board - Meeting Minutes July 21, 2005 Page 4 requirements. Thomson states there can be a minimum standard that is waivable by the Board. The Board agrees to incorporate this amendment. Amendment 41 (Page 9) The Board does not accept this amendment. Amendment #42 (Page 10) The Board does not accept this amendment. Amendment #43 (Page 10) The Board does not accept this amendment. Amendment #44 (Page 10) The Board accepts this amendment but makes the language read “shall be requested” rather than “is required”. Amendment #45 (Page 10) The Board incorporates this amendment with the addition of the words “or built upon for structures accessory to” after the words “The Planning Board may permit up to five percent (5%) of the open space to be paved” and then deleting the word “for” which follows. Amendment #46 (Page 10) The Board accepts this amendment. Amendment #47 (Page 10) The Board accepts this amendment. Amendment #48 (Page 10) The Board accepts this amendment. Amendment #49 (Page 10) The Board partially accepts this amendment but leaves in the last sentence of item g. Amendment #50 (Page 11) Beverly Planning Board - Meeting Minutes July 21, 2005 Page 5 The Board accepts this amendment. Amendment #51 (Page 12) The Board accepts this amendment. Amendment #52 (Page 12) The Board does not accept this amendment. Amendment #53 (Page 12) The Board accepts this amendment. Amendment #54 (Page 12) The Board keeps the word “no” in the document, but accepts the other change. Amendment #55 (Page 12) The Board does not accept this amendment. Amendment #56 (Pages 12 – 14) The Board does not accept this amendment. Thomson: Moves to close the public hearing. Seconded by Harris. All members are in favor. Motion carries. Members ask that Planning Staff amend the ordinance to reflect the changes made tonight and then distribute those changes to members for a final review. Dinkin closes the hearing and reconvenes the regular meeting for discussion. SANR: 15 Paine Avenue – Louis Luz Attorney Mark Glovsky, of Glovsky and Glovsky, 8 Washington St., Beverly, MA representing the owner states the applicant wishes to have one new building lot. He states the lots have frontage on a way that was in existence prior to Subdivision Control. Dinkin asks the condition of the road. Glovsky states the road is bituminous concrete and has 2 hydrants and the street is 25’ wide. Dinkin states the locus map needs to be updated. Beverly Planning Board - Meeting Minutes July 21, 2005 Page 6 Thomson states there would be an automatic approval if we do not act on the plan within a certain amount of days. Thomson: Moves to find that the lots have frontage on a way in existence when the subdivision control law became effective in Beverly and that the way has sufficient width, suitable grades, and adequate construction in accordance with the requirements of M.G.L. Ch. 41 Section 81L. However the plans has certain technical deficiencies therefore it deny the plan. The Board authorizes, Chairman Richard Dinkin to endorse the plan should these technical deficiencies be addressed. Walter seconded the motion. All members are in favor. Motion carries. SANR: 76 Paine Avenue – J. Swansberg Attorney Thomas Alexander of 1 School St, Beverly, MA represents the applicant and states the owner would like to subdivide 5.9 acres into two lots. He states the road providing frontage was approved as a subdivision street in 1958. Dinkin asks about the condition of the way. Alexander states it is dirt but that another house further down the street uses it for access year round. Thomson: Moves to endorse the plan. Seconded by Geller-Duffy. All members are in favor. Motion Carries. Thompson’s Farm Definitive Subdivision Plan – Acceptance of Performance Bond (Form G Covenant) and Developer’s Acknowledgement Form – Sign Plan Members accept a Form G Covenant and Developer’s Disclosure Agreement and Acknowledgement Form and sign mylars. Thomson: Moves to adjourn. Seconded by Geller-Duffy. All in favor. Motion Carries.