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2007-10-16 Planning Board Minutes October 16, 2007 Page 1 of 10 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: Planning Board, Regular Meeting MEMBERS PRESENT: October 16, 2007 City Council Chambers, Beverly City Hall, 3rd Floor Chairperson Richard Dinkin, John Thomson, Joanne Dunn, Ellen Flannery, Charles Harris, David Mack, Stephanie Williams, Don Walter None Assistant Planning Director Leah Zambernardi Andrea Bray MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Chairperson Dinkin calls the meeting to order. Dinkin announces that the OSRD discussion has been tabled and will be handled at a special meeting that will be scheduled later this evening. Thomson: Motion to recess for public hearing, seconded by Flannery. Passes 8-0. 1. Continued Public Hearin2 - Con2ress Circle Definitive Subdivision Plan - cui de sac and 2 lots in IG Zone - 10-16 Con2ress Street - Beverlv Office Development. LLC Thomson: Passes 8-0. Motion to waive the reading of the public notice, seconded by Flannery. Attorney Tom Alexander speaks about the zoning freeze stating that it has been done for protection of rights to develop an IG development but the developer wishes to build the condominium development which was proposed with the application for the new zoning change. He describes the subdivision. He introduces Mike Juliano of Meridian Associates Engineering. Juliano describes the cul-de-sac and the drainage system. Dinkin asks if a traffic study was done. Alexander states that they did not have a traffic study because it wasn't requested. Harris asks if there is a stop sign coming into that cul-de-sac. Planning Board Minutes October 16, 2007 Page 2 of 10 Juliano says that there is a stop sign at the end of Porter Street and Wellman Street. Harris asks if a speed bump will be necessary. Alexander states that there is concern with speed bumps in the City and that is why they were removed from Lothrop Street. Zambernardi reads the following letters into the record: . Dated October 15,2007, from Frank Killillea, Director of Engineering . Dated October 11,2007, from Sergeant Joseph Sheers, Traffic Safety Officer. . Dated October 10,2007, from Amy Maxner, Environmental Planner. . Dated Sep 27, from Wayne Frances, Beverly Fire Department. . Dated October 5, 2007, from William T. Burke, Department of Public Health. Dinkin asks the public for any clarifying questions. Rosemary Maglio of 30 Pleasant Street asks if any specific industrial uses will be proposed for this site. Alexander says that there are no plans for any industrial uses. Thomson asks what the frozen zoning will do for the applicant. Alexander states that they still need to get a permit from the DEP before they develop the residential project. He adds that they would not be able to do a lot of things in an IG district. Dinkin asks what the applicant will do if the condo market collapses before breaking ground. Alexander states that there is very little likelihood that this industrial zone plan will be acted upon. He adds that the IG zoning plan would not make sense economically. He iterates that they have not received all of the permits for the WDR zoning. Maglio asks if the same environmental issues apply for the IG and WDR zoning. Alexander states that the primary purpose of the Chapter 91 permit is for the walkway and the public area that is proposed. He adds that the City required a walkway during the rezoning process and that was what triggered the need for Chapter 91 review. Harris asks about the anticipated time of completion. Planning Board Minutes October 16, 2007 Page 3 of 10 Alexander states that if they break ground in spring of 2008 they would be able to sell units in fall of 2009. Phil Hansbury of 52 Lafayette Street, Salem, owns 3 lots across the street on Congress Street between Porter and Wellman Streets. He expresses concern about the traffic Issues. Zambernardi asks if there are any improvements proposed on Congress Street. Alexander states that there are none. Dinkin states that he would like to see a traffic study. Thomson states he sees no need for a traffic study at this stage and it could be required at a later point when the uses are proposed. Phil Hansbury of 52 Lafayette Street, Salem, says that there is a beach at the end of that street. He expresses concern about the traffic. Dinkin closes the public hearing. 2. Public Hearin2 - Modification to Definitive Subdivision Plan - Cleveland Road Extension - 17 Cleveland Road - David Camobell Zambernardi reads that public hearing notice. Attorney Mark Glovsky says that they have filed a modification for the original subdivision plan. He provides a history of the approval process for the subdivision. He says that the original plan proposed an extension of the road and the hammerhead which was denied by the Planning Board. He says that Mr. Campbell acquired the property and assumed that he could have his driveway come from Cleveland Road directly. Glovsky says that the abutters, the Beards, expressed concern when his garage went up and that is when the Planning Department got involved. Glovsky states that City Solicitor Mr. Roy Gelineau concluded that the driveway was an extension of the street and therefore prohibited and the Board went with that decision. Glovsky states that there is now just a small amount of driveway which will come off of the end of Cleveland Road. He introduces Bob Griffin of Griffin Engineering. Bob Griffin of Griffin Engineering displays the plan of the subdivision and describes the parcel boundaries. He describes the original plan showing that the run off originally would have traveled across the Beard property. He states that the new plan diverts the run off by collecting it in a drainage trench and directing it to the south so that it will not cross over the Beard property. Planning Board Minutes October 16, 2007 Page 4 of 10 Harris asks about the retaining wall stating that it was never in the original plan. Griffin states that there is a wall on the right of the driveway now and he is proposing another wall in the right-of-way. Harris asks where the water runs when it comes out of the pipe. Griffin states that water will be diverted to the south to Elliott Street and eventually gets to the golf course. Harris asks about the applicant's statement that it was OK for the driveway to be there. Glovsky states that Gelineau's opinion was different than it is now. Zambernardi states that Gelineau thinks the improvements are an extension of the street. He thinks that it is in the Board's authority to interpret their original condition of approval. Thomson asks if there is any paving beyond the pavement limit. Griffin points out the area that is currently paved. Glovsky says that they are discussing the walls because they are looking at everything that is improving drainage. He adds that it is OK for someone to build a stone wall unless there is a prohibition against it. Walter says that the stone wall is going to be installed on the right-of-way and this is not allowed. Glovsky states that the right-of-way is a paper street that several owners have access over. He adds that it is not the jurisdiction of the Planning Board to determine whether improvements can be placed in it and it would be an issue between the parties involved. Thomson asks if they have searched this property for who owns to the centerline of the right-of-way. Glovsky says that he doesn't know about the center line and that this right-of-way is not used by anyone and he plans to enter into an agreement with all of the parties to extinguish it. Thomson states that if the drainage calculations worked because of the wall and then the right-of-way issue is not settled the drainage might be compromised. Planning Board Minutes October 16, 2007 Page 5 of 10 Griffin says that the wall has no impact on the drainage. There is much discussion about this right-of-way. Zambernardi clarifies the drainline and the impact on the right-of-way, as long as it doesn't encumber the deeded person's right to pass. Maureen Troubetaris of 28 Davis Road asks if this affects the house that was formerly owned by the Beard's on Elliot Street. Griffin states that water will not run there. He describes the amount of water which will run off as being small. Dinkin asks for comments in opposition of the application. Maureen Troubetaris of 28 Davis Road speaks in opposition to the application. Dinkin asks what the constraints would be to building this project as the plan was approved. Glovsky says that the house was designed and constructed with the garage facing in a different direction, and at this point it would be extremely expensive to relocate the driveway and reorient the garage. He adds that the developer believed that he had the right to do what he was doing. Dinkin confirms that the constraints that are in question are constraints created by the applicant. Walter states that the applicant can move the garage door and place windows where the current garage door is, and move the driveway. David Campbell states it would be expensive because there is ledge on one side of the lot. He adds that when he purchased that lot from the Vitolo's he had the plan and the deed and the right-of-way but he didn't know that the driveway couldn't approach his house by going through the right-of-way. Dinkin states that he would like to continue this hearing until another date so that he can speak to Gelineau. Thomson states that the would like to continue this hearing in 15 minutes. Dinkin recesses this hearing until 9:30 PM. Planning Board Minutes October 16, 2007 Page 6 of 10 Dinkin reopens the public hearing. Harris asks Campbell if he was notified that he had deviated from the plan at any time during the construction. Campbell says that he was never told by anyone that he was in non-compliance. Harris asks the same question 2 more times to be clear about this point and Campbell says that he was unaware that he was in non-compliance. Zambernardi states that there was a site visit in late September of last year and the staff made a decision that this was good to go and Killilea got involved shortly after that and a letter was submitted to Mr. Campbell that he was in non-compliance and they did not hear from Mr. Campbell until he applied for his water connection. Dinkin clarifies that there has been communication with the applicant for at least 9-10 months that he was in non-compliance with the approved plan. Campbell states that he did no work on the right-of-way once he was advised that he was in non-compliance. Dinkin asks when the garage went up. Campbell says that it was a long time ago. He adds that he never disregarded a directive. Griffin states that Zambernardi's memo to Campbell is in the end of October and then there was a request for drainage calculations in the end of November. Williams asks if it would be possible to shift the location of the driveway to a location that is consistent to the approved plan and still leave the garage where it is. They examine the plan and discuss alternatives. Dinkin states that he doesn't want to discuss the costs with the applicant. Zambernardi reads the following letters into the record: . Dated October 5, 2007, from William T. Burke, Director of Public Health . Dated October 3,2007, from Wayne Frances, Deputy Fire Chief . Dated October 12,2007, From Frank Killilea, Director of Engineering . Dated October 9,2007, from Sergeant Joseph Sheers, Traffic Sergeant . Date October 16,2007, from Amy Maxner, Environmental Planner Planning Board Minutes October 16, 2007 Page 7 of 10 . Dated September 30,2007, from William and Linda Beard, 14 Cleveland Road (abutters to the applicant). Dinkin asks Griffin to trace the boundaries of the right-of-way. Griffin points this out on the map. Dinkin asks for additional questions/comments from the public. There is no response. Thomson: Motion to close the public hearing, seconded by Flannery. Passes 8-0. Dinkin closes the public hearing. 3. Public Hearin2 - Modification #2 to Site Plan Review- 8-foot enclosed extension of existin2 dumpster/unloadin2 dock area - 108 Cherry Hill Drive - Axcelis Technolo2ies Zambernardi reads the legal public hearing notice. Peter Ogren with Hayes Engineering displays the plans for the revision and describes this as revision #2, which supercedes the first revision. He says that they wish to extend the building out 8 feet and add trash compactors and dumpsters. Dinkin clarifies that this revision abandons revision # 1. Zambernardi states that there were no concerns brought up in any of the department head comment letters. Thomson: Motion to waive the reading of the deparments' letters, seconded by Flannery. Passes 8-0. Thomson asks if this addition is in an area that is already paved. Ogren says that it is. Dinkin opens to the public. There are no questions of comments. Dinkin closes the public hearing. 4. Discussion/Decision: Con2ress Circle Definitive Subdivision Plan - 10-16 Con2ress Street - Beverlv Office Development. LLC Thomson states that he feels that this cul-de-sac will likely not happen. Planning Board Minutes October 16, 2007 Page 8 of 10 Thomson: Motion to approve the subdivision without conditions, seconded by Mack. Dinkin asks if they do not want a police detail during the construction and utility tie-ins. Thomson states that that will happen anyway. Williams asks what the downside is to placing these conditions in the approval. She says that she wishes to have an LSP on site and she is inclined to add these conditions. Williams: Motion to amend the motion such that the approval would be subject to the conditions set forth in the staff report dated October 16, 2007. Alexander states that he wishes to review these conditions. After reviewing, he then says that most are fine except for the $15,000 would be appropriated for street work or the resetting of the curbs or the paving of Congress Street. Thomson asks if these 2 conditions could be implemented if construction proceeds. Alexander states that a site plan review would require a traffic study and anything done at the time would be highly inappropriate. Thomson asks if Williams would consider removing these two conditions from the amended motion and Williams agrees. Thomson: by Walter. Motion to amend the amendment to exclude these 2 conditions, seconded Vote on the amendment for the amendment: Passes 7-1. The Chair votes in opposition. Vote on the amendment: Passes 8-0. Vote on the motion: Passes 7-1. The chair votes in opposition. 5. Discussion/Decision: Modifications to Definitive Subdivision Plan - Cleveland Road Extension - 17 Cleveland Road - David Campbell Thomson states that he will not characterize Campbell, Griffin, or Glovsky as villains in this issue. He says that he cannot see how the Board can approve this construction in the right-of-way now. He concludes that the board should not approve any improvements within the right-of-way. Dinkin agrees with Thomson and states that it was clear that the Board approved the original plan pursuant to having no improvements on the right-of-way. He asks for a motion. Planning Board Minutes October 16, 2007 Page 9 of 10 Thomson: Motion to deny permission to modify the changes to the subdivsion to any extent where improvements impede on the right-of-way, seconded by Walter. Passes 8-0. Glovsky asks for the expiration date of the bond to be extended and submits a request in writing. Thomson: Motion to extend the expiration date of the bond by a period of 7 months, seconded Flannery. Passes 8-0. 6. Discussion/Decision: Modification #2 to Site Plan Review #36-97 - 108 Cherry Hill Drive - Axcelis Technolo2ies Thomson: Passes 8-0. Motion to approve the modification to the site plan, seconded by Walter. 7. Open Space Residential Desi2n (OSRD) - Discussion of Draft Amendments and Recommendation to set Joint Public Hearin2 with City Council Dinkin reminds the public that this discussion will be done at another meeting. He asks the members to schedule the meeting. The members discuss the possible date and time. Zambernardi states that a Joint Public Hearing has been scheduled to review a proposed amendment to the Site Plan Review Ordinance on November 19, 2007 at 7:05 p.m. Thomson: Motion to schedule the discussion immediately following the Joint Public Hearing on Monday, November 19, 2007, seconded by Flannery. Passes 8-0. 8. Beaver Pond Road: Carmen Frattaroli - Subdivision Approval Not ReQuired (SANR) Dinkin states that Ms. Williams has filed a disclosure of an appearance of conflict. He points out that the appearance of conflict is not a conflict. Carmen Frattaroli of 14 Beaver Pond Road describes the ANR subdivision. Zambernardi states that this plan is technically compliant. Thomson asks if parcel D-5 is a new lot. Frattaroli says that D-5 is shown on a previous plan and it has a house on it. Harris: Motion to endorse the ANR, seconded by Flannery. Passes 8-0. Planning Board Minutes October 16, 2007 Page 10 of 10 9. Thompson Farm Subdivision - Replace the bond with another letter of credit from another bank Zambernardi states that the applicant wishes to release the old bond and change its loan from Danvers Bank to Beverly Cooperative Bank in the same amount. Thomson: Motion to accept the letter of credit and release the old bond, seconded by Dunn. Passes 8-0. 10. Approval of Minutes The members review the minutes and make suggested amendments. Walter: Motion to approve the minutes for the following meetings: Special Meeting and Site Visit of May 12, 2007 Regular Meeting of May 15, 2007 Joint Public Hearing and Special Meeting of May 21,2007 Special Meeting of June 4, 2007 Joint Public Hearing of June 18, 2007 Regular Meeting of June 19, 2007 Special Meeting and Site Visit of June 23, 2007 Regular Meeting of July 17, 2007 Regular Meeting of September 19, 2007 The motion is seconded by Flannery. Passes 8-0. Thomson: Motion to adjourn, seconded by Walter. Passes 8-0. The meeting is adjourned at 10:00 PM.