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2008-04-15 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Planning Board, Regular Meeting April 15, 2008 City Council Chambers, Beverly City Hall, 3rd Floor Chairperson Richard Dinkin, Vice Chairperson John Thomson, Joanne Dunn, Ellen Flannery, Charles Harris, Ellen Hutchinson, Leo Panunzio, Stephanie Williams David Mack Assistant Planning Director Leah Zambernardi Andrea Bray Chairperson Dinkin calls the meeting to order. Thomson: Motion to recess for public hearing, seconded by Flannery. Passes 7-0-1. 1. Continued Public Hearin2 - City Council Order #24 - Proposed Zonin2 Amendment Relative to Open Space Residential Desi2n (OSRD) Site Plan Ordinance (Section 29-24.B) Thomson: Motion to waive the reading of the legal public hearing notice, seconded by Flannery. Passes 7-0-1. The Chair abstains. Zambernardi states that the board is continuing to hear public comment. She adds that the board received a number of letters from citizens, and the City Council is scheduled to meet on this issue again on May 5. Zambernardi reads a letter from the fire department, which recommends that the grade be brought down to 8%, and a letter from Tina Cassidy regarding several amendments cited by City Councilor John Burke. Those letters are: . Dated April 15, 2008, from Wayne Francis, Deputy Chief, Fire Department. . Dated April 4, 2008, from Tina Cassidy, Planning Director. Dinkin asks for comments from the public. Renee Mary of 274 Hale Street expresses frustration because she suggested an amendment that was not even considered. Planning Board April 15, 2008 Page 2 of 11 Pam Kampersal of 241 Dodge Street states that she has written a letter to the Planning Board, and iterates her concern about the water supply. She clarifies that the Conservation Commission was informed about these amendments after she claimed that they had not been notified. She defends Councilor John Burke stating that he only said that his suggestions were made. She suggests allowing Councilor Burke to respond in writing to Cassidy's letter. Scott Houseman of 27 Appleton Avenue, who wrote the OSRD, distributes a page containing his suggestion for another amendment. He reads his document, which explains that he would like to change the "Covered Projects" section, as it applies to R-45 and R-90 districts, to set the threshold for OSRD review at three or more buildable lots. Williams asks if the three would be additional lots or three including the original lot. Houseman says that it is including the original lot. Pam Kampersal asks for clarification as to why the City Council and the Planning Board are now meeting separately. Dinkin explains that it is to lessen the burden on the Planning Board members. He adds that the Planning Board is required to hold a public hearing and the City Council is required to hold a public hearing, and they often hold them jointly as a convenience for the pubic. Thomson adds that joint hearings are an excellent tool for short hearings, but they don't work well for extended hearings. Thomson says that he has an amendment he would like to suggest, regarding a conflict between two sections of the ordinance. He suggests they make the provision relating to undersized lots not mandatory when they have their frontage on an existing road. He reads his new amendment. He states that whether the applicant has his lot on a new road or an existing road is less important than preserving the open space. Pam Kampersal asks if he will recommend this amendment to the City Council. Thomson says that he is currently recommending it to the Planning Board, and the Planning Board can determine if they wish to recommend it to the City Council. Houseman speaks in favor of this amendment. Harris asks if this allows flexibility for the developer on Beaver Pond Road to make four lots or less. Planning Board April 15, 2008 Page 3 of 11 Thomson states that he will not discuss a specific application during this hearing, and explains that it will make no difference if the lot is on a pre-existing street or a new street created by a sub-division. Renee Mary states that he doesn't understand it and she urges the board to wait to vote on this. Dinkin states that he will probably close this hearing tonight. Renee Mary reads a letter from Mary Roderick of 14 Peabody Avenue urging the board to keep this public hearing open. Pam Kampersal states that the Beaver Pond Road application would have to comply with the existing OSRD. Dinkin states that he cannot answer that question, and the board will not address specific applications during this hearing. City Councilor Wesley Slate of 26 Lothrop Street states that the City Council's intention is to close the public hearing at the next meeting. Dinkin closes the public hearing. Dinkin resumes the regular meeting. 2. Recommendation to City Council - Council Order #24 - Zonin2 Amendment - Open Space Residential Desi2n (OSRD) Site Plan Ordinance Dinkin recommends waiting until the next meeting to discuss this item. Thomson asks if there is any further explanation necessary on his amendment. He provides an abstract description of this item. Dinkin suggests that Thomson propose his amendment so the board can determine whether to consider this with all of the other amendments. Thomson: Motion to add this amendment, seconded by Flannery. Hutchinson asks Thomson to read this amendment again. Thomson reads the amendment. The members vote in favor. Harris abstains. The Chair abstains. Passes 6-0-2. Planning Board April 15, 2008 Page 4 of 11 Thomson: Motion to change the maXImum grade to 8%, seconded by Flannery. Passes 7-0-1. The Chair abstains. Zambernardi reads an amendment suggestion for section 7.3, written by Mary Roderick. She states that she agrees with Roderick's suggestion. Thomson: 7 -0-1. Motion to amended this text as suggested, seconded by Flannery. Passes Thomson asks Zambernardi if she feels that it is important to stick to the 4-lot threshold. Zambernardi states that she is OK with the amendment presented by Scott Houseman. Thomson proposes that the ordinance be amended to reflect Scott Houseman's suggestion in 2.1.a-e, seconded by Flannery. All members vote in favor. The Chair abstains. Passes 7-0-1. Dinkin states that he would like the members to consider whether they wish to vote on these in one block or if they wish to separate these amendments. Williams: Motion that the board consider all of these amendments separately, seconded by Hutchinson. Passes 7-0-1. The Chair abstains. Thomson: Motion to adopt the amendments in section II including Houseman's suggested amendment, seconded by Williams. Passes 7-0-1. The Chair abstains. Harris: Motion to adopt the amendments in section III, seconded by Flannery. Passes 7-0-1. The Chair abstains. Thomson: Motion to adopt the amendments in section IV, seconded by Flannery. Passes 7-0-1. The Chair abstains. Thomson: Motion to adopt the amendments in section V, seconded by Williams. Passes 7-0-1. The Chair abstains. Thomson: Motion to adopt the amendments in section VI, seconded by Flannery. Passes 7-0-1. The Chair abstains. Thomson: Motion to adopt section VII with the change that he made and to change the maximum grade to 8%, seconded by Flannery. Williams states that section 4 of this section regarding the 0 setback might result in encroachment on properties abutting the OSRD. Planning Board April 15, 2008 Page 5 of 11 After much discussion the members agree to use the language "only a lot line created by the proposed OSRD may have a O-foot side yard set back" in this section. Williams: Motion that the amendment for section 4 of section VII read as follows, "Only a lot line created by the proposed OSRD may have a O-foot side yard set back", seconded by Thomson. Passes 6-1-1. Hutchinson opposes. The Chair abstains. The members vote on section VII. Passes 7-0-1. The Chair abstains. 3. Continued: OSRD Initial Review #01-08 - Beaver Pond Road - Gwenn Evitts Williams recuses herself from this issue. Attorney Carmen Frattaroli of 14 Beaver Pond Road, representing the applicant, states that he has provided his report, and has worked with many specialists, and has moved forward with an ANRAD petition. He adds that the Conservation Commission has issued its ORAD. He reads the report from Landscape Architect, Laura Rutledge. He states that there is additional information on the ANRAD petition and Wetland Scientist Mary Rimmer's report. He displays and describes several plans, speaking at length about the challenges associated with this parcel. He then presents and explains Concept Plan 6. Thomson states that he is happy to see this because this is what the board was looking for all along. He states that there is nothing really special about this property that dictates the location of the housing. He says that Plan #4 is the one that he prefers. Frattaroli confirms that, on Plan #4, Lot 1 has the problem with the leaching field. Thomson suggests a minor modification to address this issue. Thomson suggests that the Planning Department contact the Health Department to see if this septic system issue can be resolved. Zambernardi asks if he will request a waiver of the 100-foot perimeter buffer zone requirement. Frattaroli says he doesn't know yet. Hutchinson suggests that the board wait to hear an answer from the BOH. She asks Frattaroli if he as any rights with regard to the land under CR. Frattaroli says that he has thought about that and he might reduce the buffer zone. He adds that the CR is like dead land and includes wet land and a 25-foot no build zone, and Planning Board April 15, 2008 Page 6 of 11 his client has considered deeding that land to the city in order to stop paying property taxes on it. The members agree to schedule a site visit on Sunday, April 27, at 1 :00. Robert Buchsbaum of 12 Bertram Street, Chair of the Open Space and Recreation Committee, asks if the BOH allows for communal septic systems. Zambernardi agrees to look into this. Marshall Handly of 6 Clark Avenue requests clarification on the number of lots permitted. Frattaroli states that after excluding the wetlands and CR land there are under 4 acres of buildable of land. Simon Haight of 3 5 Beaver Pond Road suggests that the applicant create only three lots. Frattaroli states that Mr. Haight's father emailed him and suggested that he reduce the number oflots to three. He states that they would still trigger the OSRD. Zambernardi reads the following correspondence: . Dated April 18, 2008 Email from Amy Maxner, staff representative to the Open Space and Recreation Committee . Letter from William Frost of 29 Beaver Pond Road Pam Kampersal of 241 Dodge requests clarification about the applicant's ability to include the CR land in the OSRD. She suggests the applicant bring a sewer line into Beaver Pond Road. Frattaroli says that it is not economically feasible. Kampersal suggests they have only three green houses built. Erwin Schinnerl of30 Beaver Pond Road, expresses concern with the change in character that will result with this change, and states that he would prefer to see this parcel subdivided into only three lots. Thomson: Motion to continue this until the next meeting, seconded by Flannery. Passes 7-0-1. 4. 12 ~ Hi2h Street and 5 Dix Way - Ha22strom and Dix Way LLC - Subdivision Approval Not ReQuired (SANR) Planning Board April 15, 2008 Page 7 of 11 Zambernardi shows the plans to the members. Timothy McInnis of 5 Dix Way states that the propane tank has been there since 1992. Zambernardi states that this is in R-6 zoning and the frontage is not affected. Thomson: Motion to endorse this ANR, seconded by Hutchinson. Passes 7-0-1. 5. Brimbal Avenue (Hannah School) and Essex Street (City Landfill) - City of Beverly Zambernardi shows the plan and states that this IS an application by the city. She describes the new lot line. Thomson: Motion to endorse this ANR, seconded by Williams. Passes 7-0-1. 6. Approval of Minutes - Re2ular Meetin2 of March 24. 2008 Thomson makes a suggestion for an amendment to the minutes. Flannery: 1. Motion to approve the amended minutes, seconded by Harris. Passes 7-0- New or Other Business 7. Bass River Estates - Reconsideration of Construction Completion Date Zambernardi provides an update stating that there was a complaint letter from an abutter at 27 Folger Avenue, whose property was cut. She reads a letter from the applicant, in which he promises to build the wall. She adds that the applicant has been busy constructing the wall and it should be completed soon. She confirms that the construction completion date is November 1, 2008. Dinkin confirms that no action from the board will be necessary. Thomson asks if any measures will be taken to control the dust. Zambernardi states that they will hydro seed. 8. Cleveland Road Subdivision #2 - ReQuest to Release Bond and Construction Completion Planning Board April 15, 2008 Page 8 of 11 Zambernardi states that the Vitolo's posted a bond on the 17 Cleveland Road subdivision and then sold the property, but the bond remained with the Vitolo's. She reads a letter from David Campbell stating that the project is completed. She adds that the abutter, Bill Beard, complained that the wall on the property was encroaching on the no-build right- of-way. She reads a letter from the Engineering Department recommending the release of the bond. Zambernardi states that the board could do as recommended by Killilea, or the board could set a completion date for Mr. Campbell. Thomson states that the problem is that the bond isn't Mr. Campbell's money so he has no incentive to complete the project. Dinkin states that he has a problem with holding the Vitolo's hostage. Williams states that the abutter, Bill Beard, will probably complain about the release of the bond before the work is completed. Thomson states that the board should not release the bond, because it is the only security. He suggests setting a completion date. Dinkin requests that Zambernardi have David Campbell come to the next meeting. Thomson: Motion to not release the bond, seconded by Flannery. Passes 7-0-1. 9. Set September Meetin2 Date Zambernardi states that because September 16 is a primary day, the September meeting must be rescheduled. The members agree to meet on Tuesday, September 23,2008, at 7:30 p.m. 10. Informal Discussion - Re-zonin2 of Brimbal Avenue/Sohier Road parcel (formerly owned by the Archdiocese) - Stevel Cohen of CEA Group and Ken Buckland of Cecil Group Steve Cohen provides an introduction about the project, which is a former landfill, therefore difficult and expensive to develop. He states that they have obtained the conditional approval from the DEP to move forward with the development. He adds that they received subdivision approval to create 3 lots. Ken Buckland, who wrote the master plan, presents a booklet of information about the project that he describes as mixed-use, and pedestrian friendly. He states that based on the RKG study they decided that they would like to develop this space as retail. He Planning Board April 15, 2008 Page 9 of 11 describes the material in the booklet. He requests a response from the board regarding an overlay district. Dinkin states that that he would like to first think about uses and then think about how to get there. He adds that he would like to see some residential uses in this project. Thomson asks if the overlay district would cover just this property. Buckland refers to the map, which delineates the overlay district. Dinkin expresses concern about the impact on the abutting Northridge property. He also expresses concern about the increase in traffic. Buckland states that they have studied the traffic and there are solutions to this, possibly using a traffic light. Steve Cohen requests that they engage the city's traffic consultant. Dinkin states that they are welcome do that at their own expense. Thomson states that there is not enough room there to accommodate a traffic back-up. Harris adds that the NSMT presents a challenge for the traffic situation in that area. Thomson states that he likes the idea of mixed-use zoning on this parcel. He asks if the DEP's review was based on residential. Cohen states that they did approve residential use. Ken Buckland thanks the board for their time. 11. Informal Discussion - Division of property. 105 and 107 Preston Place - John Soursourian and Marshall Handly Chris Sparages of Hayes Engineering describes the plan. He makes note of the wetlands on the property, and states that they would like to create two additional lots. Sparages describes the road as 18-feet wide with a hammerhead turn for emergency vehicles. He adds that there is City water on Preston Place, and there would be on-site sewerage systems on the lots. Attorney Marshall Handly addresses some of the planning department's concerns, which include improving the road beyond the limits of the existing way. He states that he has seen no case stating that you can't improve an ancient way. Planning Board April 15, 2008 Page 10 of II Dinkin states that if Pole Swamp Lane is a public way the applicant would not have the authority to improve it. He asks about the size of the subject parcel. Sparages states that it is over 15 acres and 2 acres are in Manchester. Dinkin states that OSRD would apply to this property. Property owner John Soursourian explains the plan. Zambernardi states that if the pavement won't be extended for the full width of the lots frontage it would require a variance, but the building inspector would make that determination. Soursourian states that the building inspector stated that he didn't care how far the pavement extended along the frontage. Handly reads a definition of frontage for the board as "whatever is sufficient". Thomson asks about the frontage on the lot with the existing house. Sparages states that it is about 135 feet and the Conservation Commission has discovered a vernal pool further down pole swamp lane. Thomson asks the distance from the hammerhead to Preston Place. Sparages states that it is about 165 feet. Thomson states that this subdivision woud be OK if it is an ancient way and not public. 12. Sar2ent Avenue Extension Definitive Subdivision Plan - Acceptance of Form G Covenant and Developer's Disclosure A2reement and Si2natures of 81X Certificate and the plan for recordation Zambernardi descries the 81X Certificate. Thomson: Motion to accept the Form G, seconded by Flannery. Passes 7-0-1. 13. Set concurrent Public Hearin2s: Special Permit #117-08: 363-399 & 380 Rantoul Street. Special Permit #118-08: 380 Rantoul Street. and Site Plan Review #95-08: 363-399 & 380 Rantoul Street - Burnham Apartments - Windover Development Planning Board April 15, 2008 Page 11 of 11 Thomson: Motion to schedule the public hearings for May 20, at 7:30 PM, seconded by Flannery. Dunn: Motion to adjourn, seconded by Hutchinson. Passes 8-0. The meeting is adjourned at 11: 15 PM.