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2008-07-15 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: Planning Board, Regular Meeting MEMBERS PRESENT: July 15,2008 City Council Chambers, Beverly City Hall, 3rd Floor Chairperson Richard Dinkin, Joanne Dunn, Ellen Flannery, Charles Harris, Ellen Hutchinson, David Mack, Leo Panunzio, Stephanie Williams John Thomson Assistant Planning Director Leah Zambernardi Andrea Bray MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Chairperson Dinkin calls the meeting to order. Mack: Motion to recess for public hearing, seconded by Flannery. Passes 6-0. The Chair abstains. 1. Public Hearin2 - Open Space Residential Desi2n Site Plan Application #1-08- Create Four New Buildin2 Lots - Beaver Pond Road - Gwenn Evitts Zambernardi reads the legal public hearing notice. Attorney Carmen Fateroli reminds the Board that in May the yield plan was approved for 4 lots and the preferred plan was approved, and he is before the Board tonight to obtain site plan approval and ANR approval. He reviews the plan and the changes that have occurred since the last approval. He states that each lot will include 175 feet offrontage on Beaver Pond Road. He confirms that he emailed Zambernardi drafts of the CR and environmental plan, stating that the applicant will give a CR to the City, which is similar to the CR given to the City in 1977. He says that the ANR application has sufficient square footage and frontage. Zambernardi reads the following letters: . Dated July 15,2008, from Frank Killilea, Director of Engineering . Dated July 1,2008, from William Fiore, Lieutenant, Fire Department . Dated July 15,2008, from William Fiore, Lieutenant, Fire Department . Dated July 14,2008, from Robert Buchsbaum, Chair, Open Space and Recreation Committee . Dated July 11,2008, from the DRB, Kate Newhall, Liaison . Dated July 7,2008, from William T. Burke, Director of Public Health Planning Board July 15, 2008 Page 2 of 10 . Dated July 3,2007, from Richard Benevento, Chair, Parking and Traffic Commission . Dated Jun 27, 2007, from Sgt. Joseph Shairs, Traffic Sergeant/Safety Officer Frattaroli addresses the concerns of the Fire Department, stating that they talked extensively about the option of using sprinkler systems, and having them required for any approval of a building permit. He adds that he has no problem with all of the BOH's recommendations. He disagrees with the letter from the Open Space and Recreation Committee, saying that the applicant has followed all of the guidelines of the OSRD. He requests that the Board ignore the DRB's recommendation to require the homeowners to use permeable materials, and limit the impervious surfaces on the properties. Dinkin speaks about the Fire Department's recommendation stating that the letter appears to be "damage control". Harris asks if additional fire hydrants could be added to the 4-inch water line and would that satisfy the Fire Department if sprinkler systems are installed into the new homes. Frattaroli states that additional fire hydrants will not help. Harris expresses concern about having only two fire hydrants on all of Beaver Pond Road. Mack asks when Frattaroli met with the Fire Department. Frattaroli states that he met with them on the ih. Mack asks if Frattaroli discussed the Fire Department concerns with any of the other residents of Beaver Pond. Frattaroli says that he did not. Mack expresses concern about the issue stated in the Fire Department's letter. Williams asks if this issue came up with any of the other recent homes built on Beaver Pond Road. Frattaroli states that he is not aware that these concerns came up. Mack asks about the supplemental 1000-gallon tanks, which would be gas-powered. Frattaroli says that this idea was discussed as a back-up system because all of these homes are on wells. He adds that he doesn't believe that the Fire Department is generally in support of this project, but that they have given a recommendation. Planning Board July 15, 2008 Page 3 of 10 Panunzio asks how many houses are serviced by the water main. Frattaroli states that about 2 or 3 houses. Panunzio states that if the main is adequate for 2 houses, it should be adequate for 6. Dinkin recesses this hearing until 8:40 PM. Joanne Dunn arrives. Dinkin calls the hearing back to order. Panunzio asks if extending the 4-inch main will be helpful. Frattaroli says that he doesn't know, but the City will not agree to do this. He asks the Board to consider these points when arriving at a decision: . Beaver Pond Road has been there for 100 years, and the existing homes have no sprinkler system . The Fire Department is doing its job . If this land is worthless, it should be noted that his client has been paying taxes on the land for many years as if it is developable . This isn't a 50-house subdivision, it is only 4 houses . The sprinkler systems will work and will have back-up systems Harris asks if the existence of only two hydrants is a result of this being a private road. Frattaroli says that he thinks that might have something to do with it. Mack confirms that the four new homes will not impact to the 4-inch main. He states that this appears to be a red herring. Pam Kampersal of241 Dodge Street and a neighbor of Beaver Pond Road states that the Fire Department's concern about limited access on the road suggests too much of a risk and the Beaver Pond Association should be aware of this. Regarding the 4-inch water main, she suggests that the residents make the street a public way. She advises the Board that the residents' wells draw from the Beaver Pond water supply. Kampersal expresses disappointment in the Board's decision to approve the preferred plan while only protecting 7% of the open space. She asks the Board to reverse their decision on the OSRD preferred plan. She suggests that the planning Board should have Planning Board July 15, 2008 Page 4 of 10 only approved 3 homes on that property, to protect the area that is in the watershed to the aquifer. Kampersal asks if garbage grinders will be used. Frattaroli states that this will be left up to the homeowner and will be required depending on each homeowner' plan. Dinkin recess the public hearing until 9:30. The Chair reconvenes the public hearing. Kampersal asks if there is a requirement of a specific sized house to be built on these lots. Dinkin states that there are building envelopes on each spot and the building inspector will only approve plans with structures built on those building envelopes. Kampersal states that the areas for the drinking water wells overlap and this should never happen because it puts all of the wells at risk, and the water storage tanks will be drawn from the drinking water wells. Kampersal asks if the Board reduced the OSRD required 100-foot buffer around the resource areas. Dinkin says that the Board did reduce it. Kampersal states that this reduction is very distressing to her and she asks the Board to reconsider their decision. She adds that DEP requires vegetative filter strips be planted in the buffer areas, as well as a reduction of impervious surfaces. She cites the applicant's letter claiming that it does not comply with the OSRD 7.1 of Title 5. She asks the Board why they allowed previously deeded CR land to be included with the calculated open space. Dinkin advises Kampersal that she can get that from the minutes. Kampersal requests that the Board reverse its decision to allow only 7% open space. Joan Murphy of36 Longmeadow Road expresses concern and disappointment about the approval of this application. She requests that the Board consider all of the comments that come from the Open Space and Recreation Committee. Planning Board July 15, 2008 Page 5 of 10 Dinkin confirms that all comments are given consideration, and there are many competing interests in all applications. Kampersal agrees with Dinkin that many of the parcels that are left are not developable and the OSRD allows them to develop while mainaining sections as open space. Dinkin closes the public hearing. 2. Public Hearin2 - Special Permit Application #120-08 - Create One Pork-Chop Shaped Lot - 16 Bay View Avenue - Elmtop Realty Trust Dinkin states that the advertisement for this hearing was defective and this application will not be heard tonight. He states that the pubic hearing will not be opened at all tonight. He suggests tentatively setting the date for the September 23rd meeting, at 7:45 PM, pending receipt of the new application. Flannery: Motion to schedule a public hearing at 7:45 PM on September 23,2008, pending receipt of the new application, seconded by Mack. Passes 7-0. The Chair abstains. Attorney Marshal Handley states that there should be some kind of legal authority for this position. Dinkin states that he will ask the City Solicitor to speak to him about that. (N ote: It was later determined that the legal advertisement may not have been defective and that the City Solicitor's Office had not issued an official opinion on the matter. Therefore, a new application was not deemed necessary.) 3. Public Hearin2 - Site Plan Review #97-08 - Cummin2s Center - Construct Open Steel and Concrete Parkin2 Structure - Beverly Commerce Park. LLP Zambernardi reads that legal public hearing notice. Vice President and General Manager Stephen Drohowky states that they would like to add a single level parking deck to the northeast comer of the property, and bring parking closer to the front door of the north end of the Cummings Center. Zambernardi reads the following letters: . Dated July 15,2008, from Frank Killilea, Director of Engineering . Dated July 15,2008, from Frank Killilea, Director of Engineering (2nd Letter) . Dated July 11,2008, from Kate Newhall, Associate Planner and Staff to the DRB . Dated July 7,2008, from Amy Maxner, Environmental Planner and Staff to the Conservation Commission Planning Board July 15, 2008 Page 6 of 10 . Dated July 3,2008, from William T. Burke, Director of Public Health . Dated July 2, 2008, from Richard Benevento, Parking and Traffic Commission . Dated June 30,2008, from Wayne Francis, Deputy Chief, Fire . Dated June 7, 2008, from Sergeant Joseph Shairs, Traffic Sergeant Flannery asks how tall the deck will be. Project Architect David Harris states that it will be 16 feet at the highest point. Dinkin asks how Killilea was quickly convinced to change his opinion. Drohosky states that he has worked closely with the City in the past and they put their heads together to come up with a solution to the problem. Panunzio asks if this will be poured on site. Project Architect David Harris states that the base will be poured on site and then the pre- cast sections will be added. Panunzio asks them to repair any road problems caused by the construction trucks, and Drohosky agrees to this. Dinkin opens the meeting to the public. Rosemary Maglio of30 Pleasant Street says the other side of Balch Street is a residential district, and the plan does not show all of the houses on Balch Street. She adds that the ramp into the garage is near the Balch Street homes, and the zone is not depicted properly, and there should be more landscaping. Zambernardi confirms that Maglio is correct on the point that the other side of Balch Street is an R-l 0 zone, and she reads the zoning regulations regarding screening of conflicting uses, which says there should be additional landscaping. Drohosky says that the screening is consistent throughout the Cummings Center. Williams asks if there are photographs of the screening. She expresses concern for the residents that live across Balch Street. Drohosky states that he sent notices to all of the neighbors regarding this public hearing and he hasn't heard any concerns from the neighbors. Architect Harris provides photographs. Planning Board July 15, 2008 Page 7 of 10 Dinkin asks about the signature and certification issue on the plans brought up by Killilea. Drohosky states that he has signed, certified plans in his possession and will forward them to the Engineering Department. Zambernardi asks about the lighting. Architect Harris states that they will relocate pole lights to the west side of the garage and they will add three more pole lights onto the 2nd level. He adds that these lights are directed downward. Dunn asks how long those lights stay on. Harris states that they are experimenting with a new system that will be on daylight sensors and occupancy sensors, so as to save energy. Maglio asks how they calculated the car count, stating that she can't see where they are adding 170 parking spaces. Drohosky states that the plans speak for themselves and he doesn't really understand the question. Dinkin closes the public hearing. 4. Discussion/Decision: Open Space Residential Desi2n Site Plan Application #1-08 - Beaver Pond Road - Gwenn Evitts Dinkin states that he would like to include in the discussion two matters, the OSRD site plan and the ANR. Mack asks if Lot 2, because it doesn't have 40,000 square feet, should be taken with the ANR. Mack: Motion to approve the site plan application, subject to the conditions set forth in the July 15, 2008 letter from the Fire Department, and in the other department letters, but not following the recommendation of the DRB, seconded by Flannery. Huthinson says that she struggles with the Fire Department issue, including the diminished access, and she cannot support this application. Dinkin asks Frattaroli if he would be willing to supply to each buyer a copy of both letters from the Fire Department and certify to the City that this has been done. Planning Board July 15, 2008 Page 8 of 10 Frattaroli agrees to do this. Flannery asks why this is an issue now. Dinkin suggests that the OSRD application has brought this proposal under more scrutiny than in the past. Frattaroli agrees and states that the Fire Department did not react to any building permit applications for over 100 years. Mack states that if this application is blocked, the Board would effectively deny any development, and allowing this plan would result in having 4 new houses which are much safer than the other houses on the street. Flannery: Motion to amend the original motion according to the Chair's suggestion, seconded by Harris. Passes 6-0. Williams abstains. The Chair does not vote. The members vote on the amended motion. Passes 5-1-1. Williams abstains. Hutchinson votes in opposition. The Chair does not vote. Dinkin says they must now vote on the ANR. Mack confirms that the previous decision has effectively reduced the lot size for lot 2. Dinkin asks if, in the absence of a water supply that the Fire Department deems safe, the use is suitable. Flannery says that ANR's have been approved on this street for years, and that precedent has been set. Dinkin states that the new ordinance creates a greater level of scrutiny. Frattaroli states that the Board has determined in the past that Beaver Pond Road is suitable and sufficient for a new house. He adds that he is not aware of any other land left on this road, other than the land included in this application, which is developable. Harris states that the Board should move forward with this. Harris: Motion to endorse the ANR, seconded by Flannery. Passes 5-1-1. Hutchinson votes in opposition. Williams abstains. The Chair does not vote. 5. Discussion/Decision: Site Plan Review Application #97-08 - Cummin2s Center- Beverly Commerce Park. LLP Planning Board July 15, 2008 Page 9 of 10 Williams states that the Board should be sure that any issues with the culvert are addressed before construction begins. She requests a review of the other recommendations from the departments. Zambernardi confirms that the Parking and Traffic Commission requested a condition that no spaces be converted to another use, and the BOH had their standard conditions, and the Engineering Department had a condition. Williams: Motion to approve this site plan subject to all of the conditions set forth in the letters in the City departments, and the questions surrounding the 25-foot wide City easement must be settled prior to construction, seconded by Mack. Passes 7-0. The Chair does not vote. 6. Thompson Farm Subdivision - Expiration of Construction Completion Date - September 18. 2008 - Tom Carnevale Zambernardi reads a letter from Carnevale requesting an extension, and states that the Engineering Department recommends that the Board grant the extension. She adds that the original completion date was July 21,2007. She reads that letter from Frank Killilea recommending an extension until June 1, 2009. She reviews the requirements in the bond, and states that the total bond is for $57,575. Mack: Motion to extend the construction completion date until June 1, 2009, seconded by Harris. Passes 6-0. Hutchinson abstains. 7. Subdivision Approval Not ReQuired Plans (SANR) - 126-128 New Balch Street- Varnavas Zambernardi states that this ANR will allow one piece of land to be conveyed from one property to another, and both lots are owned by the same owner. Mack: Motion to endorse the ANR, seconded by Dunn. Passes 7-0. The Chair does not vote. 8. Subdivision Approval Not ReQuired (SANR) - 57 Preston Place - Michael C and Fiona B Kerr Zambernardi states that this proposal is to split one existing building lot into two and the zoning district line goes across this lot (R-90 and R-45). She adds that lot 1 complies with the R-45 zoning requirements and lot 2 complies with the R-90 zoning requirements. Flannery: Motion to endorse this ANR, seconded by Mack. Passes 7-0. The Chair does not vote. Planning Board July 15, 2008 Page 10 of 10 9. Approval of Minutes - Re2ular Meetin2 of June 17. 2008 Harris: Motion to approve the minutes, seconded by Flannery. Passes 7-0. The Chair does not vote. 10. Set Time for Discussion - City Council Order #170 - ReQuest by City Council for Plannin2 Board Review and Recommendations of Zonin2 Ordinance Section 29- 5.1. "Pork Chop Shaped Lots" Dinkin suggests putting this item on the agenda for September and requests that the staff review the ordinance. 11. Sar2ent Avenue Definitive Subdivision Plan - ReQuest to Release Lot from Form G Restrictive Covenant and for Acceptance of Performance Bond Zambernardi reads a letter from the applicant. Tom Alexander requests that the Board approve this request, and that the Engineering Department has reviewed and approved this work. Harris: Motion to release this property form the Form G Restrictive covenant and for Acceptance of Performance Bond, seconded by Williams. Passes 7-0. The Chair does not vote. Mack: Motion to adjourn, seconded by Flannery. All members and the Chair vote in favor. The motion passes 8-0. The meeting is adjourned at 10:45 PM.