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2007-06-04 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: Planning Board, Special Meeting MEMBERS ABSENT: OTHERS PRESENT: June 4,2007 Sohier Room, Beverly Public Library Chairperson Richard Dinkin, Eve Geller- Duffy, Ellen Flannery, Charles Harris, John Thomson, David Mack, Stephanie Williams, Don Walter Joanne Dunn Assistant Planning Director Leah Zambernardi Andrea Bray RECORDER: Chairperson Dinkin calls the meeting to order. Thomson: Motion to recess for public hearing, seconded by Flannery. All members vote in favor. The Chair votes in favor. The motion passes 8-0. 1. Continued Concurrent Public Hearim!:s: Foster Lane Cluster & Definitive Subdivision Plans - 30 Foster Street - Hub Realtv TrustIRobert J. Hubbard. Trustee Thomson: Motion to waive the reading of the public hearing notice, seconded by Flannery. All members and the Chair vote in favor. The motion passes 8-0. Attorney Marshall Handley represents the applicant and introduces Bob Griffin of Griffin Engineering, who also represents the applicant. Griffin describes some minor changes that were made to the drainage plan as a result of the review from CDM. He says that on the definitive plan they extended the drainage calculations into an area to the east of the development and better defined a swale and a berm which keep the water outside of the detention pond. On the cluster plan, Griffin states that they provided better definition to the swale and berm with divert flow away from the detention system. He adds that on both plans they provided calculations showing that the detention system would not pop out of the ground in a high water situation. Griffin states that he met with Amy Maxner regarding the accuracy of the delineation of the wetlands and this issue has been clarified. He adds that Maxner has written a letter regarding her new opinion on the location of the wetlands. Planning Board Minutes June 4, 2007 Page 2 of9 Zambernardi states that after reviewing the drainage system, City Engineer Frank Killilea has confirmed that Griffin has addressed all of CDM' s comments. Zambernardi adds that Griffin Engineering has complied with Killilea's request to better define the swale and berm on each of the plans. Zambernardi asks Handley if he has any response to the City Solicitor Gelineau's opinion about the legality of subdividing the pork chop lot. Handly agrees with the City Solicitor's opinion that it is the option of the Board to allow subdivision of this lot. Zambernardi asks about an intersection site distance evaluation and if it has been completed. Griffin states that they never made a formal submittal about an intersection site distance, but he describes the study and the results. He adds that the site is below the thresholds for the site distance requirement. Griffin says that the stop sign is not necessary but they are putting it there anyway as an additional safety measure. Griffin states that they might opt to add a 3-way stop sign at this intersection as a precaution. Thomson states that he sees this development as a large rock pile with a canyon cut into the middle. He expresses concern about a driver's visibility from this site. He asks how the sight lines are measured. Griffin explains the method for the study and explains that the test assumes that the driver will be 14/ back from the intersection. Thomson asks about the location of the steep rock. Griffin locates the embankment on the plan stating that it is 20 feet back from Foster Street. Thomson states that he wants to see this staked out on a site visit. Debra Bright of 224 Common Lane asks about whether this study was done before or after the re-grading of the road. Griffin states that there is no difference. Chester Walsh of29 Foster Street states that he would like to attend the site visit. He asks Griffin about the large rock on the neighbor's property. Griffin states that the developer will not alter any of the neighbors' properties. Planning Board Minutes June 4, 2007 Page 3 of9 Walsh expresses concern about the volume of traffic and states that this traffic study does not consider any increase of volume. Griffin states that the increase will be insignificant with only 3 or 4 additional houses added to this area. Walsh expresses concerns about the safety of those attending the site visit and offers to pay for the police detail during that time. Renee Mary of274 Hale Street questions the traffic hazards in that area during extreme weather. Griffin states that the road is designed with a crown which will direct water to the sides and into catch basins. Renee Mary asks if the drainage will not go to Centerville Creek. Griffin states that it will not because it drains in a northerly direction into a detention pond and then into the neighboring wetlands. He describes the drainage on Foster Street. Renee Mary asks about the traffic on the weekend to the compost facility. Griffin states that the addition of3 or 4 homes off of Foster Street will have insignificant effects on the traffic. Debra Bright of 224 Common Lane expresses concern about the visibility of the traffic coming out of that new street. Dan Spencer of 14 Foster Street expresses concern about the traffic on Foster Street. Alvin Mitchell of 27 Chapman Street, who has run Camp Mitchman expresses concern about the traffic in that area. Joe Boccia of36 Foster Street, director of Camp Mitchman, expresses concern about the sight lines on that street. He shows pictures of the intersection and describes the problem with the line of sight. Dinkin asks Griffin the about dimensions of the blast area. Griffin shows the plan and describes the topography. Dinkin asks the width of the blast area. Griffin states that the rock goes back about 150 feet from the road. Planning Board Minutes June 4, 2007 Page 4 of9 Dinkin expresses concern that this new development will sit in a canyon. Joe Boccia of36 Foster Street, director of Camp Mitchman, states that he does not dispute the results of traffic study when standing at the edge of the road, but standing back 5 feet from the street he finds that visibility is impaired. Elizabeth Macomber of21 Foster Street states that she has a blind driveway and there is signage on Foster Street for this. She expresses concern about traffic hazards on that street. Dinkin asks for additional comments in opposition to the project. Joe Boccia asks about the legality of this property being subdivided. He sites the 1985 special permit which restricts any subdivision on this site. Dinkin states that to vacate an existing condition would require a separate vote, so this application would require two votes, (1) to vacate the 1985 special permit condition and (2) to approve or deny the subdivision. Boccia, director of Camp Mitchman, reminds the Board about all of his concerns which include: . The compost site odor would be a problem for the new residents in this development. . The topography of this location is inappropriate for any development. . A new development would adversely affects Camp Paradise and Camp Mitchman (his business). . The traffic conditions on Foster Street are hazardous. . It would exacerbate the current flooding situation on Foster Street. . There would be a loss of wildlife habitat in that area. Renee Mary of274 Hale Street asks about Griffin's proposal to add a 3-way stop sign at the corner of Foster Street and Foster Lane. She reminds the Board that there is already a stop sign at the corner of Foster Street and Cole Street and asks if another stop sign would be allowed or if it is too close to the existing one. She adds as a point of information that the State Highway Commission would determine the speed limit on this road. Chester Walsh of 29 Foster Street asks if there is 10% grade at one point on the road. Griffin states that the cluster plan has a 10% maximum slope and the definitive plan has a 6% maximum slope. Planning Board Minutes June 4, 2007 Page 5 of9 Joyce Hersey of 16 School Street, Essex, co-director of Camp Mitchman, asks about snow removal on the new street. Griffin states that the cluster plan calls for the entire infrastructure to be private, and the definitive plan has public infrastructure except for the drainage system which is private. Thomson asks where the trash would go for pick up. Griffin states that it would go out to Foster Street or there would be a private collection for these residents. Debra Bright of224 Common Lane asks where the plowed snow will go. Griffin states that the new street would have wider pavement than Foster Street or any neighboring streets so the snow could be plowed into an opening on the new street. Joe Boccia of36 Foster Street, director of Camp Mitchman, asks about the structure at the bottom of the road. Griffin describes the underground retention system which has a plastic liner with the pipes with crushed stones between the pipes and then some fill and then some gravel. Boccia asks what keeps those pipes from freezing. Griffin states that it drains completely after each storm so it will be empty and will not freeze. Boccia states last winter some pipes did freeze and a backhoe was used to clear that area. Dan Spencer of 14 Foster Street asks what happens if those pipes are full. Griffin states that it is above the water table and it will not fill up. Zambernardi reads the following letters: . Dated May 7,2007 from Environmental Planner Amy Maxner in which she states that the cluster plan is the better of the two plans. . Dated March 27,2007 from the Police Department, Chris Negroti, Traffic Sergeant in which a stop sign installation is recommended. . Dated Feb 14,2007, from Wayne Frances, Deputy Chief of Fire Prevention in which he does not approve of the cluster plan. . Dated Feb 14,2007, from Wayne Frances, Deputy Chief of the Fire Prevention in which he approves of the definitive plan. Planning Board Minutes June 4, 2007 Page 6 of9 . Dated March 29,2007, from William Burke, director of Public Health. . Dated April 5, 2007, from David Gardner of9 Foster Drive in which he requests that the name for the new street be anything but Foster Lane. Dinkin states that it is unfair to ask Ms. Geller-Duffey to drive 3.5 hours for a site visit. Geller-Duffy states that she would like this to be over at this meeting. Walter asks Thomson if a site visit would influence his decision about the appropriateness of this subdivision. He says that the Board should first determine whether to vacate the condition set in the 1985 special permit. He points out the there needs to be evidence that this development would benefit the City or the area in order for the Board to vacate this condition. He requests that the Board vote on this issue this evemng. The members discuss the process for this application. Chester Walsh of 29 Foster Street stresses the importance of a site visit and urges the Board to make a site visit. Dinkin puts the hearing in recess until 9:40 p.m. Dinkin calls the public hearing back to order. Alvan Mitchell of 29 Chapman Street states that an existing law can only be changed by a special permit. Joe Boccia of36 Foster Street presents signed applications for the special permit and the letter that granted the special permit in 1985. Dinkin closes the public hearing. 2. Discussion/Decision: Foster Lane Cluster & Definitive Subdivision Plans - 30 Foster Street - Hub Realtv Trust. Robert Hubbard. Trustee The members discuss the option to vacate the 1985 special permit condition which prohibits subdivision of this site. Walter expresses opposition to vacating this condition, stating that the applicant must prove that this development will benefit the City or the area, and such proof is not apparent. Planning Board Minutes June 4, 2007 Page 7 of9 Thomson states that the City Solicitor's opinion is ambiguous. He suggests two votes, first if the conforming subdivision mutes the condition, and second if the previous condition should be vacated. He suggests deferring the decision until he has more information from the City Solicitor. He speaks in favor of a site visit. Attorney Handley states that the site visit is evidentiary and that all voting members should attend it. He adds that it would be a problem to close the public hearing prior to the site visit. Dinkin returns to the public hearing. Dinkin calls the special meeting back to order. Dinkin says that if this vacancy vote is a special permit vote, it would require a super majority which is not available on this Board. He clarifies that the voting members for this issue are Walter, Geller-Duffy, Thomson, Flannery, and himself, and with only 5 voting, a super-majority would be impossible. He states that the absence of a super majority would constitute an approval for the application. He expresses confusion on the legality of the special permit vote. Much discussion ensues about this process and members express dissatisfaction with the City Solicitor's letter. Walters: Motion to seek additional guidance from the City Solicitor as to whether the condition of the original subdivision road obviates the special permit condition entirely, and whether the Board needs to act on a special permit, seconded by Flannery. All voting members and the Chair vote in favor. The motion passes 5-0. Dinkin suggests asking Gelineau to address the point of the evidential nature of the site visit. He states that he would like to know Gelineau's decision before making a site visit. He asks Geller-Duffy when she can make another meeting. Flannery suggests holding a vote immediately after the site visit. The members agree to hold a vote immediately after the site visit. Thomson: Motion to hold a site visit on Saturday, June 23, 2007, at 11 :00 a.m., seconded by Flannery. All voting members and the Chair vote in favor. The motion passes 5-0. Thomson asks Griffin if he can have the site staked before the site visit. Planning Board Minutes June 4, 2007 Page 8 of9 Griffin agrees to make the necessary preparations. Having concluded all discussion on this application, Geller-Duffy steps out. 3. Discussion/Recommendation: Citv council Order #103 - Inclusion of Affordable Housim!: Dinkin says that this Ordinance should have allowed for a small density bonus in the CC district. Zambernardi reads the parking requirements for parking in the CC district which require one space for a one bedroom unit, and two spaces for any units with more than one bedroom. Walter states that the density bonuses should not be given for units placed off-site. Dinkin states that their goal is to get more units. He adds that the other issue is the 5-unit threshold. Members agree that the threshold should be set at 10 instead of 5 for all units. Walter states that he would like to see Beverly residents receive priority for these affordable units. Thomson disagrees with this suggestion and states that it would be seen as unfair. Dinkin suggests adding CC to H.l.a and the members agree. Thomson suggests changing the language ofB.3 to "any development that is not applicable may elect to participate" and the members agree. Zambernardi points out another last minute correction by Tina Cassidy (add RIO and R15 to G.2.b). Mack: Motion to recommend City Council passage of this Ordinance with the above noted changes, seconded by Flannery. All members and the Chair vote in favor. The motion passes 7-0. 4. Citv Council Order #104: Zone MaD Chan2e ReQuest. 480-486 Rantoul Street Zambernardi reminds the members of the joint public hearing with the City Council which is scheduled for June 18,2007, regarding Order #104 (Zone Map Change Request 480-486 Rantoul Street). She adds that there will be a special meeting held immediately after the joint public hearing. Planning Board Minutes June 4, 2007 Page 9 of9 Walter: Motion to adjourn, seconded by Mack. All members and the Chair vote in favor. The motion passes 7-0. The meeting is adjourned at 11 :00 p.m.