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2009-04-21 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: Planning Board, Regular Meeting MEMBERS ABSENT: OTHERS PRESENT: RECORDER: April 21, 2009 Beverly Public Library, 32 Essex Street Chairperson Richard Dinkin, Vice Chairperson John Thomson, Ellen Flannery, Charles Harris, Ellen Hutchinson, David Mack Joanne Dunn, Stephanie Williams Assistant Planning Director Leah Zambernardi Leah Zambernardi Chairperson Dinkin calls the meeting to order at 8:00 p.m. 1. Continued Public Hearin2 - Site Plan Review Application #99-09 and Inclusionarv Zonin2 Review - Beverlv Retirement Communitv - 145 Conant Street - Estate of Thomas J. Flatlev and Harvest Development. LLC Thomson: Motion to waive reading of the public hearing notice, seconded by Flannery. Passes 5-0-1 with the Chair abstaining. Miranda Gooding of Glovsky and Glovsky LLC speaks on behalf of the applicant. She states that there was recently an appeal of the ZBA decision on this project. She states that the applicant will defend the appeal but in the interim they would like to hold off on moving forward with their Site Plan Review application. She asks for a continuation of the public hearing to the June regular meeting of the Board. She states that at that time, she hopes they will have a better idea of the project status. Thomson: Motion to continue the public hearing to the Board's regular meeting of June 16, 2009 at 8:00 p.m. at Beverly City Hall. The motion passes 5-0-1 with the Chair abstaining. 2. Presentation of the North Shore Transportation Mana2ement Association (NSTMA) - Andrea Learv. Executive Director Ms. Andrea Leary of the NSTMA addresses the Board and makes a PowerPoint presentation introducing her organization to the Board. She explains that the NSTMA is a new non-profit organization, working to address transportation issues in Beverly, Danvers, Lynn, Peabody and Salem. The mission of the NSTMA, which began in the summer of 2008, is to bring together businesses, institutions, developers, organizations and municipalities to address shared traffic-related issues. The organization aims to reduce traffic congestion and vehicle emissions while improving access to and within the Planning Board April 21, 2009 Page 2 of 4 North Shore. She states that the NSTMA is the 11 th TMA in Massachusetts and they are part of a larger organization called MassCommute, which represents 300 companies and nearly 300,000 Massachusetts employees. She summarizes the PowerPoint slides, copies of which can be obtained in the Beverly Planning Department. Thomson asks how the organization is funded. Leary states that the NSTMA is funded by a grant from the Boston Metropolitan Planning Council and by its members, which includes Osram Sylvania and the City of Salem. Board members further discuss the TMA with Leary. Leary concludes by thanking the Board for their time. 3. Subdivision Approval Not ReQuired (SANR) Plans Zambernardi states no SANR plans were submitted. 4. ReQuest for one-year extension of Plannin2 Board OSRD and SANR approvals - Beaver Pond Road - Evitts Carmen Frattaroli addresses the Board on behalf of Gwenn Evitts. He states that he was apprised of the discussion the Board had on his request at the March meeting, which resulted in the Board's conclusion that recording of the CR's constitutes a substantial use of the property. He asks for a formal determination from the Board on this. Mr. Dinkin notes that the Building Commissioner is the official interpreter of the Zoning Ordinance and there is a possibility that he may not agree with this Board's finding that recording of a CR on the property would constitute a substantial use. Thomson suggests making a 2-part vote, first finding that recording of the CR constitutes a substantial use and second, granting the one-year extension. Hutchinson states that the Board should do "either, or" but that doing both is contradictory. A discussion ensues amongst the Board members and Frattaroli. Thomson sums up the thoughts of the Board, stating that the intent is that it believes that recording the CR's is a substantial use, but that it also believes it's not the decision making body on the matter. He states that the Planning Board is making a factual determination on the substantial use question and that the Board can make an alternate and independent vote to extend the approval for I-year. Thomson: Motion to make a factual determination that recording of the two Conservation Restrictions for Open Space Parcels 1, 2 and 3 constitute a substantial use of the property pursuant to Section 29-24.B.VI.2.c.; alternatively and independently from this finding, the Board grants the requested one-year extension of the OSRD Site Plan approval to August 28,2010; and finally, the Board takes no action on the request for a one-year extension of the SANR because Planning Board April 21, 2009 Page 3 of 4 there is no known basis for the expiration of this endorsement. Seconded by Mack. Passes 5-0- 1. The Chair does not vote. 5. Continued Public Hearin2 - Site Plan Review Application #100-09 - Black Cow Restaurant - One Water Street - City of Beverlv and Joseph A. Leone Thomson: Motion to waive reading of the public hearing notice, seconded by Flannery. Passes 5-0-1 with the Chair abstaining. Zambernardi reads a letter from Mayor Scanlon requesting a one-month continuation of the public hearing for the Black Cow proposal. The letter indicates there are two open issues that have not yet been resolved: 1. the DRB and P&T recommendations have not yet been issued; and 2. the City is researching whether an access drive can be installed connecting the Black Cow parcel to the Harbormaster's parcel. The letter indicates these issues will most likely be resolved in time for the May meeting and requests an extension to that time. Thomson: Motion to continue the public hearing to the Board's regular meeting of May 19, 2009 at 8:00 p.m. at Beverly City Hall. The motion passes 5-0-1 with the Chair abstaining. 6. Approval of Minutes - March 2. 2009 and March 17. 2009 Meetin2s Harris: Motion to approve the minutes, seconded by Hutchinson. Passes 5-0-1. The Chair abstains. 7. Partial Release of Performance Bond and Acceptance of As-Built Plan - Sar2ent Avenue Extension Definitive Subdivision Plan - Michael Fiore and D. Jeremv Campbell Zambernardi states that the Fiore's and the Campbell's posted a bond totaling $18,500 in the summer of 2008 to guarantee completion of the subdivision and to allow Campbell to begin construction on his house. The Fiore's portion of the bond was $7,300 and guaranteed the completion of the following items: enlarge drywellleaching catch basins to the full volume as shown on the Plan, enlarge hammerhead pavement as shown on the Plan and install bituminous curbing as shown on the Plan. She states that Mr. Fiore recently submitted a request to the Planning Board for a release of this bond. She states that the Engineering Department has reviewed the work on-site and the As-Built plan. She reads a letter into the record from the Engineering Department recommending acceptance of the As-Built and release of the Fiore's portion of the bond. Thomson asks if the Fiore's satisfactorily completed reconstruction of the neighbor's stone wall. Zambernardi states that she believes the Fiore's have completed this work. Planning Board April 21, 2009 Page 4 of 4 Dinkin asks if the amount covers all the items the Fiore's were to complete. Zambernardi affirms. Thomson: Motion to accept the As-Built Plan and to release the Fiore's portion of the performance bond with interest, seconded by Hutchinson. The motion passes 5-0-1 with the Chair abstaining. Zambernardi states that the Campbell's have not yet completed their part of the subdivision therefore their $11,200 will continue to be held in escrow by the City. The Campbell's will also need to submit an As-Built plan showing their improvements. Harris: Motion to adjourn, seconded by Flannery. The motion passes 5-0-1 with the Chair abstaining. The meeting is adjourned at 9:15 PM.