2008-06-17
CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD OR COMMISSION:
SUBCOMMITTEE:
DATE:
LOCATION:
Planning Board, Regular Meeting
MEMBERS PRESENT:
June 17,2008
City Council Chambers, Beverly City Hall, 3rd
Floor
Chairperson Richard Dinkin, Vice Chairperson
John Thomson, Joanne Dunn, Ellen Flannery,
Charles Harris, Ellen Hutchinson, David Mack,
Leo Panunzio
Stephanie Williams
Assistant Planning Director Leah Zambernardi
Andrea Bray
MEMBERS ABSENT:
OTHERS PRESENT:
RECORDER:
Chairperson Dinkin calls the meeting to order.
Thomson: Motion to recess for public hearing, seconded by Flannery. Passes 6-0.
The Chair Abstains.
1. Concurrent Public Hearim!:s - Special Permit Application #119-08 and Site Plan
Review #96-08: construction of industrial buildim!: and associated landscape
improvements - Sam Fonzo Drive - Citv of Beverlv and Kelleher Construction
Thomson:
Motion to recess the public hearing until 7:40 PM. Passes 7-0.
Dinkin recesses the public hearing and explains that it was necessary to do this to
schedule new public hearings.
Dinkin calls the public hearing back to order.
Zambernardi reads the legal public hearing notice.
Engineer Peter Ogren of Hayes Engineering distributes plans for the members to review.
He states that Kelleher Construction is planning to purchase this land from the City of
Beverly, and build their new office on the site. He adds that parking will be provided for
29 cars, 5 in the front, and 24 in the rear. He describes the parking regulations in depth.
Ogren states that there will be WalPac lights on the building, providing a minimum light
level. He describes the topography and states that there will be a retaining wall along the
south boundary of the site, and another wall on the north side of the building. He adds
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June 17, 2008
Page 2 of 10
that they have filed for permits for erosion control and storm water management, and for
the watershed overlay protection district. Ogren states that this site is analogous to the
way the Vitale parcel ended-up, because Vitale already owned much of that land.
Although the original design called for a retaining wall in the front, Ogren explains that
they will instead grade the land at a 2/1 slope. He adds that Kelleher plans to have no
outside storage on site at this time, but that the ultimate scheme would be to have a larger
building on the land, where outside storage might be a necessity.
Marshall Handley states that the plan for the use of this building is construction
management.
Ogren describes the drainage system with a gutter at the sidewalk, which will divert
water into a catch basin with an oil/gas separator. He states that the drainage system
follows best management practices.
Thomson questions the lighting plan.
Ogren clarifies that the only lighting will be on the building and will point down and
there will be no lights in the parking lot.
Zambernardi asks the size of the water and sewer lines.
Ogren states that waste system will use a forced main with a grinder pump, and for or
domestic water there will probably be only a two-inch line.
Zambernardi asks about the HV AC equipment.
Ogren states that they will use the same units as the Vitale building and he hasn't
determined where they will go.
Zambernardi asks about snow removal.
Ogren states that they have not yet formed a snow removal plan, but most of the snow
could be pushed off of the end of the parking lot or on the embankment. He confirms the
board that all of the improvements will be over 100 feet from the wetland area.
Flannery asks about the landscape plan.
Ogren states that it will consist mostly of have Juniper and Japanese maple trees.
Thomson asks the location of the nearest hydrant.
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June 17, 2008
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Ogren states that there is one about 60 feet west of the property line. He indicates the
location on the plan.
Zambernardi reads the following letters:
. Dated June 9,2008, from the Kate Newhall, DRB
. Dated June 2,2008, from William T. Burke, Director of Public Health
. Dated June 17,2008, from Amy Maxner, Environmental Planner
. Dated June 4,2008, from Wayne Francis, Deputy Chief, Fire Department
. Dated June 9, 2008, from Sgt. Joseph Shairs, Traffic Sergeant/Safety Officer,
Police Dept
. Dated June 17,2008, from Tom Knowlton, Superintendent, DPW
. Dated June 17,2008, from Frank Killelea, Director of Engineering
. Dated June 17,2008, from Richard Benevento, Parking and Traffic Commission
Dinkin opens to the public.
The Beverly Airport manager asks that they not use the listed plantings that are attractive
to birds, such as Japanese Maple, Highbush Blueberry, and Arrowwood Vibernum.
Renee Mary of274 Hale Street states that there is a vernal pool in the property and she
asks if the board knew of this and if they looked at the stream.
Ogren states that this is not the same property as she describes.
Joan Murphy of36 Longmeadow Road asks if they filed an NOI with the Conservation
Commission.
Ogren states that the covenant mentioned by the Conservation Commission does not
cover this property.
Handley clarifies that this property does not trigger any of the conditions stated in the
letter from Amy Maxner. He states that he will meet with Maxner to work out this issue.
Renee Mary of 274 Hale Street asks if a decision can be made if there is any pending
issue with the Conservation Commission.
Dinkin states that all of the boards operate independently, and the Planning Board can, in
fact, make a decision tonight, even if there is an outstanding issue with the Conservation
Commission.
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June 17, 2008
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There being no further questions or comments from the public, Dinkin closes the public
hearing.
2. Public Hearim!: - Cluster Subdivision Plan for Chapman's Corner Estates
(Settlement Plan) - create 28 new lots - Eisenhower Avenue. Hale & Bovles Streets
and Birch Woods Drive - Manor Homes at Whitehall. LLC & Matthew Kavana2h
Zambernardi reads the legal public hearing notice.
Attorney Tom Alexander, representing Manor Homes at Whitehall, describes the history
of the applications for this property, stating that a settlement agreement was reached with
the neighbors. He describes key features of the new plan which include:
. The new project maintains the 5.9 acres of open space, which was required
previously, and it will go into a conservation restriction under the Beverly
Conservation Land Trust.
. A walkway across one of the lots to the roadway will allow people to walk
through the open space.
. The total number oflots was reduced by 6. The board had previously approved
35 lots and the settlement plan has 27 lots.
. A number of efforts were taken to reduce the impervious area, by removing one
of the streets, Chapman Hill Drive.
. There will be a 3.6 acre no-cut zone, which will provide further wildlife habitat.
. The requirement for drainage structures has been reduced because of the
reduction of impervious surfaces. The neighbors' drainage consultants have
reviewed the drainage plan.
. The traffic situation has been reviewed and approved.
. The applicant agrees to maintain 3 affordable housing units, and might seek to
modify that to make a payment in lieu of the construction of the 3 affordable
housing units, or to seek off-site units.
. The art gallery can be a more expensive renovation than if used for affordable
housing.
Alexander introduces Co-Council Dennis Crimmins, Engineer Bob Griffin and principal
David Carnivale.
Engineer Bob Griffin of Griffin Engineering describes the settlement plan and issues
related to the utilities. He describes the changes that resulted in reducing the impervious
surfaces on the site, and states that these changes allowed them to reduce the number of
detention ponds down to one. He adds that a new water main leading to the development
will improve the water quality for the area. He shows depictions of the Boyles Street
entrance, and the Hale Street/Boyles Street intersection.
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June 17, 2008
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Dinkin asks about the possible location of the 3 off-site affordable housing units.
Alexander states that they might be in the downtown area at 58 Cabot Street.
Dinkin clarifies that these units must be comparable to the units on site. He adds that this
plan is neither complete nor approvable without the affordable housing plan finalized.
Harris asks if the gallery house is an historic landmark.
Alexander states that it is not on the historic register but that the property was deeded by
Mrs. Bartlet to the Historical Society. He adds that they would like to completely
renovate it and sell it as a market-rate house.
Thomson asks if the ways are private.
Alexander states that they are private.
Dinkin states that he prefers to keep this public hearing open to allow for public comment
on the affordable housing issue.
Zambernardi reads the following letters:
Dated June 16, 2008, from Roy Geleneau, City Solicitor
Dated June 17, 2008, from Sgt. Joseph Shairs, Traffic Sergeant/Safety Officer, Police
Dept
Dated June 17,2008, from Frank Killelea, Director of Engineering
Dated June 10,2008, from William T. Burke, Director of Public Health
Dated June 5, 2008, From Wayne Francis, Deputy Chief, Fire Department
Dated June 17,2008, from Amy Maxner, Environmental Planner
Thomson asks about the special conditions.
Attorney Dennis Crimmins speaks about the proposed conditions that were agreed upon
with the abutters group, which include:
. The applicant requests permission to temporarily disturb the no-cut zone in order
to complete work in the infrastructure. That area will later be stored to a natural
condition.
. They request a condition to enhance certain wetlands.
. With respect to Birch Lane, they request that the requirement for granite curbing
be waived for 30 feet, and substitute cape cod berming, which will allow wildlife
movement. The modification to the detention pond requirement allows them to
reduce from two detention ponds down to one.
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June 17, 2008
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. A portion of the driveway at 2 Boyles Street will be removed in order to reduce
the impervious surface area. The existing curb cut shall remain only to allow
access to the 254 Hale Street property.
. There will be no further subdivision of the 28 Boyles Street lot.
. A predevelopment review of trees will be conducted, and the applicant will make
every effort to maintain the current streetscapes along Boyles Street and Hale
Street.
Dinkin opens to the public. There are no questions or comments.
Thomson asks about item "f' in the letter from Mr. Griffin, which suggested change in
the condition to 254 Hale Street. He asks if that has been dropped.
Griffin states that they would still request that this change be made.
Thomson asks why the property was not maintained.
Alexander states that the applicant was held up with litigation and they have plans for
renovating that property and it is anticipated that it will be part of the overall
development, and it wasn't done because the property was tied up in litigation and they
wanted to hold off and do a top-rate renovation of the property.
Thomson states that the applicant could have renovated the exterior of the property.
Alexander states that it makes sense to do the renovation all at once, the interior and the
exterior. He adds that the applicant will renovate within 6 months of attaining the permit.
Dinkin states that he is dismayed to hear that they have allowed this property to
deteriorate to the condition that it is in, and it is no longer feasible to use it for the
affordable housing units.
Thomson asks if the change in the affordable housing plans changes the settlement
agreement.
Alexander states that it does not.
Crimmins confirms that even after this structure has been renovated it will still require a
significant amount of maintenance, and the costs of maintaining an old structure are
greater than those for a new one.
Dinkin ask how maintenance and upkeep for the gallery will differ from the maintenance
requirements for the new structures.
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June 17, 2008
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Crimmins states that a new building will not need the siding to be repainted as frequently
and it may have other maintenance issue. He adds that he is speaking from personal
experience because he owned an antique home once and now he owns a new home.
Dinkin asks the permission of the board to recess this hearing until the September
meeting to allow the applicant to provide an affordable housing plan.
Hutchinson states that the application must be voted on within 60 day of the opening of
the public hearing.
Dinkin suggests recessing for 10 minutes to schedule a special meeting. He recessed the
public hearing.
Dinkin calls the public hearing back to order.
Dinkin advises Alexander that it is not the BAHC that determines the amount of the
payment, but the planning board. He adds that, in his opinion, the payment should equal
60-80 percent of the difference between the value of the homes being built and the cost of
an affordable units, which in this case would total about $1.2-2M for the three units.
Dinkin recesses this public hearing until July 8, at 8:00 PM.
3. Discussion/Decision: Special Permit #119-08 and Site Plan Review #96-08 - Sam
Fonzo Drive - Kelleher Construction
Thomson: Motion to find this site is in an appropriate location for the proposed use,
and that the character of adjoining uses will not be adversely affected; that no factual
evidence is found that property values in the district will be adversely affected by such
use; that no undue traffic and no nuisance or unreasonable hazard will result; that
adequate and appropriate facilities will be provided for the proper operation and
maintenance of the proposed use; that there are no valid objections from abutting
property owners based on demonstrable fact; and that adequate and appropriate City
services are or will be available for the proposed use, seconded by Flannery. Passes 7-0.
Thomson: Motion to approve the site plan as indicated and grant the special permit
on the conditions stated in each of the letters read, except that it is the Conservation
Commission's decision to determine the environmental impact of the project. The hours
of operation will be between 6: 00 AM and 10: 00 PM, and there will be no outside
storage, and no storage of chemicals or fuels in significant amounts. The bird-attracting
trees be removed and replaced ones which will not attract birds. This approval is limited
to the specific design dimensions shown on the plan. The motion is seconded by Harris.
Passes 7-0.
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June 17, 2008
Page 8 of 10
4. Discussion/Decision: Cluster Subdivision Plan Chapman's Corner Estates
(Settlement Plan) - Eisenhower Avenue. Hale & Bovle Streets and Birch Woods
Drive - Manor homes at Whitehall. LLC & Matthew Cavana2h
Dinkin suggests they schedule a special meeting at 8:00 PM, on July 8, 2008.
5. Set Public Hearin2: 2nd Modification to Special Permit #86-95 - 30 Bovles and 44
Bovles - Manor Homes at Whitehall. LLC and Matthew Kavana2h
Thomson: Motion to schedule a public hearing at 8:30 PM on July 8,2008, seconded
by Flannery. Passes 7-0. The Chair Abstains.
6. Minor Site Plan Modification: removal of stairs - Site Plan Review #78-04 -
CVS - Dod2e Street Beverlv Plaza - S.R. Weiner & Associates
Zambernardi reminds the members that when the site plan was approved in 2004 it
included a stairway connecting the driveway to the sidewalk on dodge Street. She adds
that later the stairway was found to be in violation of ADA access requirements, and
Weiner made some unsuccessful attempts to design a ramp for that space. To remedy the
violation, Weiner is bringing a request for a minor change to the approved site plan to
reflect the removal of the stairway. Zambernardi reads a letter into the record dated May
29,2008, from Albert 1. Rocco, VP Operations, S.R. Weiner. She states that she has
another letter to read.
Thomson:
Motion to waive reading of the letter, seconded by Mack. Passes 7-0.
Dinkin states that he cannot believe that the ADA's intent was to make access more
difficult for everyone, and he would entertain a motion that the staircase is a major
modification and warrants a public hearing.
Thomson: Motion to deem that this is not a minor modification, seconded by Mack.
All members and the Chair vote in favor. The motion passes 8-0.
7. Set Public Hearin2: Open Space Residential Desi2n Site Plan Application #1-08
- Beaver Pond Road - Gwenn Evitts
Thomson: Motion to schedule a public hearing for 7:45 PM on July 15, 2008,
seconded by Flannery. Passes 7-0. The Chair abstains.
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June 17, 2008
Page 9 of 10
8. Pennv Lane Subdivision - Expiration of Construction Completion Date - June
30. 2008 - T. Ford and Informal Discussion re: acceptance of Pennv Lane as a citv
street
Zambernardi states that Tom Ford is requesting extension of the construction completion
date to October 31, 2008. She adds that they are also requesting that Penny Lane become
a city street. She reviews Section IYB.3 in the Subdivision Rules and Regulations,
which lays out the requirements for making this a city street.
Dinkin states that he is willing write a letter agreeing with these specifications but he
wishes to specify that acceptance of a city street is only in the jurisdiction of the City
Council and not the Planning Board.
Thomson: Motion to grant the extension of construction date until October 31, 2008,
seconded by Mack. Passes 7-0.
9. Sar2ent Avenue Ext. Definitive Subdivision Plan - Discussion of compliance with
approved subdivision plan and reQuest to release Form G Covenant - 19 Sar2ent
Avenue - Michael Fiore
Zambernardi states that there is a neighborhood discrepancy regarding this project, and
she received two letters of complaint from the Caffertys at 23 Sergent Avenue. She adds
that Attorney Tom Alexeander submitted letter requesting they remove the Form G
Covenant.
Alexander states that he will withdraw his request to remove the form G Covenant
because there is some work that is not completed. He adds that there has been some
neighborhood turmoil over this property. He explains that this property has been a
difficult site to work on because it is almost all ledge, and the hydrant must be located
within the existing water easement. Alexander states that Jackie McKenna has signed a
letter of approval stating that the hydrant has been relocated properly.
Flannery asks why all of these changes have come about after the fact.
Alexander states that these changes were requested by the engineering department. He
confirms the two changes, the berm and the size of the catch basins.
Dinkin confirms that the board does not need to take any action at this time.
10. Cleveland Road Ext. #1 - Minor Modification: replace 2uardrail with stone
wall- William Beard
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June 17, 2008
Page 10 of 10
Zambernardi reads a letter dated June 17, 2008, from Frank Killelea, Director of
Engineering, recommending approval of this modification.
Thomson: Motion to deem this modification as minor, seconded by Mack. Passes 7-
O. The Chair abstains.
Thomson: Motion to approve this modification, seconded by Mack. Passes 7-0. The
Chair abstains.
11. Approval of Minutes - Re2ular Meetin2 of April 15. 2008. Site Visit of April 27.
2008. Re2ular Meetin2 of Mav 20. 2008
Flannery: Motion to approve the minutes for the meetings on April 15, April 27, and
May 20,2008, seconded by Panunzio. Passes 7-0.
New/Other Business
12. Set Public Hearin2: Special Permit #120-08 - 16 Bav View Avenue - Elmtop
Realtv Trust - ReQuest for 1 Pork Chop Lot
Thomson:
Flannery.
Motion to set public hearing at 8:30 PM on July 15, 2008, seconded by
13. Set Public Hearin2: Site Plan Review Application for 100 Cummin2s Center-
Beverlv Commerce Park. LLP - Construct New parkin2 Deck
Thomson: Motion to schedule the public hearing for 9:00 PM on July 15,2008,
seconded by Flannery. Passes 7-0.
14. ReQuest to Set Special Meetin2 for Informal Discussion on Zone Chan2e -
Brimbal Avenue/Sohier Road Parcel- CEA Group
Dinkin asks Alexander how much time this special hearing will take.
Alexander states that it will take approximately 45 minutes.
Thomson: Motion to schedule a special meeting at 7:30 PM on July 8,2008,
seconded by Flannery. Passes 7-0. The Chair abstains.
Thomson:
Motion to adjourn, seconded by Mack. Passes 8-0.
The meeting is adjourned at 10:00 PM.