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2009-10-20 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: Planning Board, Regular Meeting MEMBERS PRESENT: October 20, 2009 City Council Chambers, Beverly City Hall, 3rd Floor Chairperson Richard Dinkin, Vice Chairperson John Thomson, Joanne Dunn, Ellen Flannery, Charles Harris (at 8:20), Ellen Hutchinson, David Mack (at 7:40), Stephanie Williams MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Assistant Planning Director Leah Zambernardi Andrea Bray Chairperson Dinkin calls the meeting to order. 1. 29.31. and 33 South Terrace - Subdivision Approval Not ReQuired (SANR)- Goodwin/Dunham/N orris & Sidman Zambernardi describes this proposal to divide 31 South Terrace into 2 non-buildable parcels to be conveyed to the abutters, making each of their lots less nonconforming. Ralph Leonard of 118 Bridge Street states he is the Realtor selling the lots. Thomson: Motion to endorse this plan Approval Not Required, seconded by Hutchinson. Passes 5-0. The Chair abstains. 2. 7.9. and 11 Con2ress Street - Subdivision Approval Not ReQuired (SANR)- Eleven Con2ress Street Corp. & Hansbury Court. LLC Attorney Marshall Handley of 9 Abbot Street, speaking on behalf of the applicants, states that this project has moved through some zoning issues that were not entirely successful, and they have decided to convert to a conventional and conservative layout with 2 family homes. Thomson asks about the dotted lines, and Handley states that they are the old lot lines. Thomson: Motion to endorse this plan Approval Not Required, seconded by Flannery. Passes 5-0. The Chair abstains. 3. 647 and R643 Hale Street - Subdivision Approval Not ReQuired - Bartro and Baker Planning Board October 20, 2009 Page 2 of6 Zambernardi describes this proposal to break parcel 1 A off from lot 1 and to convey it over to lot 2. She adds that the frontage is on Hale Street for lot 1. Mack steps in. Thomson: Motion to endorse this plan Approval Not Required, seconded by Flannery. Passes 5-0. Mack and the Chair do not vote. 4. 646 Hale Street and 7 Linehan Lane Zambernardi describes this proposal to take parcel A from parcel B and to convey it over to 7 Linehan Lane. She adds that Parcel B is a conforming lot and 7 Linehan Lane will become less non-conforming. Thomson: Motion to endorse this plan Approval Not Required, seconded by Flannery. Passes 6-0. The Chair abstains. 3. Approval of Minutes: September 16. 2009 Re2ular Board Meetin2 Mack: Motion to approve the minutes from the September 16, 2009 regular meeting, seconded by Flannery. Passes 6-0. The Chair abstains. 4. Bass River Estates Definitive Subdivision (a.k.a. Fol2er Avenue Extension)- Expiration of Construction Completion Date (October 31. 2009) - Joseph J. Phelan III. Bass River LLC Zambernardi states that the construction completion deadline for this project is October 31,2009, and the original completion deadline was February 15, 2007, and it has received three extensions. She reminds the Board of the pending work including top course paving, curbing, and as-built and street acceptance plans. She adds that of the 10 lots, 4 are completed. Zambernardi reads the following letters into the record: . Dated October 5, 2009, from the applicant, Joseph 1. Phelan III, requesting the extension. . Dated October 15,2009 from the City Engineer, Frank Killilea. Zambernardi states that the bond is an insurance policy with a cash amount of $450,767, and it has no expiration date. Thomson requests clarification that this is a dead-end street and the houses that are finished are at the entrance to the street. Planning Board October 20, 2009 Page 3 of6 Zambernardi clarifies that the finished homes are mostly on the non-river side of the street. Thomson asks about the manhole covers. Zambernardi states that the manholes cannot currently be accessed so they want them uncovered and brought up. She explains that one abutter to the developer has been concerned about a few things; primarily that the abutter's land was cut and left exposed when the wall was installed. She states that this situation has been remedied. Dinkin states that he doesn't think that he can respond positively to Killilea's request unless he is assured that this work will be finished. He explains that the solution is to extend the deadline to the end of the year to see that the work that is requested by the City Engineer is finished, and then send the developer a letter requesting that he attend the next meeting. Mack agrees. Thomson agrees adding that they should ask the developers to the meeting and to notify them that the Board will not consider another extension until that work is done. Thomson: Motion to grant the extension of the construction completion date to December 31,2009, subject to a letter being sent to the developer stating it is the Board's urgent desire that he appear at the December meeting and that the Board will not consider another extension unless the work required by the City Engineer is complete, seconded by Dunn. Passes 7-0. 5. Thompson Farm Definitive Subdivision - Expiration of Construction Completion Date (October 30. 2009) - Thomas Carnevale Zambernardi reminds the Board that a one-month extension was granted to October 31, 2009 at the last meeting, and the street sign is installed and the acceptance plans and as- built plans have been approved. She lists a few things that need to be done: . Parcel X: Attorney Tom Alexander submitted a deed conveying this parcel to the abutter and said that he will have this deed recorded today. . Drainage appurtenances: Attorney Tom Alexander advised the Planning Staff that the 2 drainage easements shall be the responsibility of lot 6, and the buyer for lot 6 shall be advised of these responsibilities. Alexander advised that these easements would be recorded today. . Drainage Peer Review: A check was issued today for the drainage peer review. Zambernardi reads a letter dated October 20, 2009, from City Engineer, Frank Killilea. Planning Board October 20, 2009 Page 4 of6 Zambernardi states that the developer has indicated that the three outstanding issues noted in the City Engineer's letter: the dead end sign, road sign and white strip, could be completed by the October 31, 2009 deadline. Dinkin states that if the letter of credit has not been extended then the only action the Board can take is to revoke the bond. He adds that he doesn't want to condition the extensions. Thomson asks if they can revoke the bond subj ect to the letter of credit being extended through November 30th. Thomson: Motion to revoke the bond on October 31, 2009 if the work remains incomplete. Such revocation shall be nullified provided the applicant, prior to October 30, 2009, presents satisfactory proof that the letter of credit has been extended to November 30, 2009. If this occurs, the completion date shall be extended until November 30,2009. The motion is seconded by Mack. Passes 7-0. 6. Cluster Subdivision Plan Chapman's Corner Estates (Settlement Plan) - David Carnevale. Mana2er. Manor Homes at Whitehall LLC - ReQuest to Release Lots from Form G Covenant and for Acceptance of Performance Bond Michael Paige of Griffin Engineering states that he is here to request that building lots be released from the Form G Covenant. Zambernardi reads a letter dated October 13, 2009, from Frank Killilea, recommending the lots be released from the Form G Covenant subject to a bond of $305,525. Thomson asks if by releasing the lot from the covenant they are freeing up the developer to build and sell. Zambernardi states that they are free to build and sell. Much discussion ensues about the possibility that the developer will not finish the road immediately after selling some of the homes. Thomson states that the completion is not that far away, completion is July 2010. Dinkin suggests releasing the lots to build and the developer can return for permission to sell. Thomson states he is less inclined to grant an extension in the future. Thomson: Motion to release the lots from the Form G Covenant subject to a bond of $305,525, seconded by Dunn. Passes 6-0. The Chair abstains. Planning Board October 20, 2009 Page 5 of6 7. Discussion: Minor Modification ReQuest #2 to Site Plan #98-08 - New CVS at the corner of Elliott and Rantoul Streets - Richard Me2uerditchian & Ardi Company. LLC & G.B. New En2land 2. LLC Harris arrives. Attorney Mark Glovsky states that the project is well underway and some tweaking is being requested in 3 respects: . To relocate a transformer and switchgear manhole, resulting in the loss of2 parking spaces. The requirement is for 67 spaces and this change will reduce the parking to 68 spaces. . To modify the Elliott Street driveway radius to meet the recommendations of the Parking and Traffic Commission. . To modify the north fa<;ade by replacing the first story clapboards with stack bond brick fa<;ade treatment. This has been approved by the DRB provided they break up the solid brick wall with any number of architectural features. Dinkin states that parking spaces and turning radii are changes that go to the very core of the site plan process and he is reluctant to exclude these items from public review. Flannery states that they are still meeting the parking requirement and Dinkin states that his issue is that 68 parking spaces is not what the applicant represented to the public. Dinkin states that he doesn't have any real problems with the substance of these requests but for him the issue is whether they are major or minor. Brian Fairbanks, Project Engineer, Vanasse Hangen Brustlin, Inc. explains the details of the decision for the change in the turning radius. Much discussion ensues regarding this. Dinkin states that he is not persuaded by the argument that the review of another board obfuscates the need for a review by the public. Mack states that he would be more comfortable if he had input from the Fire Department. Zambernardi states she has not received a letter from the Fire Department. Dinkin suggests deferring this to next month if the Board will be willing to wait to hear from the fire department. Glovsky asks that the Board can vote on the other two issues if they decide to wait on the input from the fire department. Planning Board October 20, 2009 Page 6 of6 Thomson: Motion that the brickwork and the relocation of the transformer are minor modifications, seconded by Mack. Passes 7-1. The Chair votes in opposition. Thomson: Motion to approve these minor changes, seconded by Mack. At Dinkin's request, Zambernardi reads a letter dated October 13,2009, from the Parking and Traffic Commission, Chairman Richard Benevento. There is more discussion on the turning radii issue. The members vote to approve 7-0. The Chair abstains. Thomson suggests they table the third item until the next meeting. Thomson: Motion to lay the issue of the Elliot Street turning radius on the table until the November meeting, seconded by Flannery. Passes 8-0. NOTE: The Board later decided to hold a special meeting to consider this item. 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 8:30 p.m.