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2007-11-20 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: Planning Board, Regular Meeting MEMBERS PRESENT: November 20,2007 City Council Chambers, Beverly City Hall, 3rd Floor Chairperson Richard Dinkin, John Thomson, Joanne Dunn, Ellen Flannery, Charles Harris, David Mack, Don Walter Stephanie Williams Assistant Planning Director Leah Zambernardi Andrea Bray MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Chairperson Dinkin calls the meeting to order. 1. Open Space Committee - Presentation of Draft Open Space Plan Elizabeth Dunne, Vice-Chair of the Open Space and Recreation Committee, explains that the committee has been working on the plan for about 2 years, and that the plan must be updated every 5 years in order to qualify for funding. She shows the names of the members and states that there are 4 vacancies on the committee and they are looking for new members. Dunne states that about 10% of the land (400 acres) in Beverly is protected open space, managed by Essex County Green Belt or under conservation restriction with the Conservation Commission. She describes the open space parcels and some land that the committee would like to see the city acquire. She talks about the other goals of the committee. Dunne invites the Board to make comments or questions. Assistant Planning Director, Leah Zamernardi, introduces Amy Maxner, Environmental Planner, and Kate Newhall, Associate Planner. Thomson mentions the Community Preservation Act, and asks if the Open Space Committee will attempt to pass this act. Dunne states that they would like to see this act passed but it might be a bad time to bring this up. Planning Board Minutes November 20,2007 Page 2 of 4 Maxner states that the campaign for this act would require a broad base of partners and encompasses more than just this committee's efforts. She adds the last campaign might have failed because they were going for the full percentage and it is possible to grade the percentage. Maxner states that they need the Planning Board to submit a letter of support for the Open Space Plan to the state. She adds that if she received no comments on the draft she would assume the Board approves of the plan. She offers to draft a letter of endorsement for the Board Chair's signature. Dinkin asks Maxner to go ahead with this and Maxner agrees. 2. 675 Hale Street - Subdivision Approval Not Reauired (SANR) - Dr. Robert Seamans & Caleb Lorin2 Attorney Mark Glovsky states that they went before the board 2 years ago and withdrew the application because of a negative response to the plan by the Board. They now have an indication that the plan would be endorsed based upon court proceedings that occurred on a nearby parcel. However, they are now subject to OSRD where they were not previously. He adds that the Planning Department has agreed that this property should not be subject to OSRD, which was enacted to restrict development and protect open space. The Planning Department agreed to amend the OSRD to exclude properties of this type, but the applicant is still waiting for the amendment. Glovsky says that rather than continue to wait, Dr. Seamans applied to the ZBA for a variance, which was granted subject to having no further future division of this property. Glovsky describes the ANR application, stating that there will be only one new lot for a total of two lots on the 16 acres. Thomson clarifies the ZBA' s restriction stating that it will go on for 20-year increments but will lack the perpetuity unless an organization like Essex County Greenbelt or Trustees of the Reservation will take it over. Glovsky states that the ZBA decision's appeal period expires on November 26 so if the ANR passes tonight, he suggests that the board not sign the approval until November 27. Zambernardi states the application meets all of the technical requirements. Dinkin states that he is troubled by the implication of the variance based on whether the OSRD creates dimensional regulation but not use regulation. He opines that if OSRD creates use restriction then the ZBA has no authority to grant a variance. He suggests that the board wait at least until the expiration of the appeal period before coming to a decision on the ANR. He says that he would be more comfortable if this were withdrawn and then resubmitted. He adds he thinks the City should file an appeal of the variance. Planning Board Minutes November 20,2007 Page 3 of 4 Glovsky states that the ZBA has studied the proposed location of the new dwelling and found no problem. He adds that the OSRD is designed primarily for cluster developments and for the protection of open space and this division does not apply to this. He adds that the reason for them to go to the ZBA was because they were waiting for 1.5 years and there was no progress on an amendment to the OSRD. Glovsky says that the applicant is interested in placing a conservation restriction on a portion of the property to ensure that there is no future subdivision. Thomson agrees with Glovsky and states that it is not the Planning Board's position to determine what is or is not the correct procedure of the ZBA. Thomson: Motion to endorse this ANR and authorize the Chair to sign the plan once the appeal period expires and it is confirmed no appeals have been filed, seconded by Mack. Passes 6-1. The Chair votes in opposition. 3. Same Fonzo Drive - Subdivision Approval Not ReQuired (SANR) - City of Beverly Zambernardi describes the application and states that this meets all of the technical requirements. Mack: abstains. Motion to endorse the ANR, seconded by Harris. Passes 6-0. The Chair 4. Approval of Minutes - October 16. 2007 Meetin2 Harris: Motion to approve the minutes, seconded by Flannery. Passes 7-0. 5. Future Plannin2 board Meetin2 Dates Zambernardi states that the regular meeting in December will be on the 18th, and in January it will be the 15th, and in February there is a conflict with President's Day. The members discuss the possible dates for a February meeting and agree to meet on the 19th at the Library. 6. Holiday Dinner - Date. Location. Time The members agree to have the holiday dinner on Thursday, December 13, at 6:30 PM at Mandrake or the Wild Horse Cafe. Zambernardi agrees to call Mandrake to see if they can accommodate a large group. Planning Board Minutes November 20,2007 Page 4 of 4 7. Penny Lane Subdivisoin (formerly Hale Court) - Extension of Construction Completion Date - Tom Ford Zambernardi states that the board received a letter from Tom Ford regarding the Penny Lane subdivision, which has a construction completion deadline set for December 26, and he is requesting an extension of the construction completion date. Zambernardi reads Tom Ford's letter into the record as well as a letter from the Engineering Department recommending granting this extension. Thomson: Motion to grant the extension, seconded by Walter. Passes 7-0. 8. Site Plan Review - MTB Enterprises - 83-85 Brid2e Street -Set Public Hearin2 Date Zambernardi states that the board needs to set a public hearing date. Walter: Motion to set a public hearing date for December 18, at 7:30 PM, seconded by Flannery. Passes 6-0 Flannery: Motion to adjourn, seconded by Walter. Passes 7-0. The meeting is adjourned at 8:45 PM.