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2010-02-09 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: Planning Board, Regular Meeting MEMBERS PRESENT: February 9,2010 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, James Matz MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Assistant Planning Director Leah Zambernardi Andrea Bray Chairperson Dinkin calls the meeting to order. 1. 2 Woodland Road - Subdivision Approval Not Reauired (SANR) - Harmelin2 Familv Beverlv Realtv Trust. Peter J. Harmelin2. Trustee Bill Quigley speaks on behalf of the owners, stating that the original lot size is 1.25 acres, and they wish to create 2 additional lots. He adds that there is sufficient frontage for the zone. Zambernardi states that she visited the sight and observed that lot 2 was steeper than Montserrat Road. She asks if a driveway could be constructed on the lot. Quigley states that the entry would mirror the existing driveway off of Monsterrat Road. He confirms that there would be no shared driveway. Harris: Motion to endorse this plan, approval not required, seconded by Mack. Passes 7-0. The Chair abstains. 2. 875 and 875 ~ Hale Street - Subdivision Approval Not Reauired (SANR) - Montrose School Park. LLC Attorney Brad Latham, representing the applicant, requests that James Matz recuse himself from all hearings regarding this property. Matz agrees to recuse himself and exits the Council Chambers. The members review the ANR plans. Planning Board February 9, 2010 Page 2 of7 Latham notes that the Assistant Planning Director pointed out that the lot line between the 2 existing houses creates setbacks that don't conform to the zoning setback requirements. He reads from MGL Ch. 41 s. 81L (subdivision control law), and states that one is allowed to obtain an endorsement based on this. He adds that the frontage is there. He states there is also a provision in the Zoning Ordinance that allows for this. Thomson asks about access. Latham states that there is a single driveway. Peter Ogren states that the utility easement can be included in the lot area calculations. Latham states that the only nonconformity is in the common side yard setback. Thomson confirms that the date requirements are met for both statutes. Dinkin asks who the beneficiary of the utility easement is. Peter Ogren states that it might be to the City. Thomson: Motion to endorse this plan approval not required, seconded by Mack. Passes 6-0. The Chair abstains. Matz recuses himself. Thomson: Motion to recess for a public hearing, seconded by Flannery. Passes 8-0. 2. Public Hearin2: Open Space Residential Desi2n #2-10 - Initial Review Application and Yield Plan - 875 and 875 ~ Hale Street - Montrose School Park. LLC Zambernardi reads the legal public hearing notice. Matz recuses himself from the public hearing and steps down. Peter Ogren of Hayes Engineering presents the plan, stating that the parcel consists of2.7 acres on Hale Street with 2 existing houses. He explains that there are bordering vegetated wetlands and a river 200 feet away, on the other side of the RR track. He states that the neighboring houses are large, and that the OSRD plan would reduce the lot size and consequently the size of the houses, and would limit the land use (pools, etc). Ogren reviews the yield plan stating that they honored the wetlands and the wetland buffer and determined that this property would yield 6 lots, 1 existing lot plus 5 new lots. He explains that currently much of the buffer zone is a mowed lawn. He confirms that there is 71,400 square feet of buildable land, and a strict application of the ordinance would be confiscatory. Planning Board February 9, 2010 Page 3 of7 Landscape Architect James Emanuel of 22 Carlton Road, Marblehead, displays the site analysis, identifying the wetland, wetland buffer zone, stream buffer zone and significant trees. He states that there is a stonewall near the street that adds character to the site and there are some water views from the site. Emanuel presents concept # 1 stating that they have maintained the green buffer and stone wall across the front. He explains that this concept allows for 39.2% of the buildable area to remain as open space. Emanuel displays concept #2 with the buffer with the road on the west side. He explains that this concept allows for 38.9% of the buildable area to remain as open space. Peter Ogren confirms that none of the plans have the required 50% of the open space. Dinkin states that he is looking for the percentage of upland that would be open space. Ogren states that it is about 28%. Harris asks about the average size of the home. JeffRhuda states that it would range from 2300 square feet to 4000 square feet depending on the size of the lots. Thomson states that the main purpose of this hearing tonight is to determine the yield plan. He says that they should address the dimensional aspects of the yield plan. Ogren states that the yield plan contains the Y -type turn around and 100 feet of frontage. It is determined that the hammerhead is within the 100-foot wetland buffer zone. Dinkin states that the ordinance requires the yield plan to be waiver-free. Thomson states that if another body has jurisdiction over this plan, they must get the other board to act on it first, or don't show it on the plan. Rhuda states that there are flaws in this ordinance. He states that they will be requesting a continuance and they intend to go through the Conservation Commission and then return to the Planning Board. Thomson confirms that they must prove that this parcel can support 6 waiver-free lots. Dinkin opens to the public for comments and questions. Planning Board February 9, 2010 Page 4 of7 Bob Lewis of 903 Hale Street states that he and the Brown's are direct abutters. He makes two points: . The sewer line is not public. The owners of 6 homes, including him, funded the construction of the sewer line. His house is on gravity feed and any additional volume might compromise the flow from his house. . Although it was said that he couldn't see that property from his house, that statement is incorrect. He can see the subject property from his house. Mary Grant of 868 Hale Street asks if there are any restrictions in place that would affect the plans for the old farmhouse and barn. Zambernardi states that the City has a demolition delay ordinance for buildings that are 50 years or older. Renee Mary of274 Hale Street emphasized the 25-foot no cut zone. Rhuda states that the majority of the no-cut area is a lawn. Renee Mary questions the "fake name" of the applicant. Brad Latham objects to the personal accusations. Thomson states that public comments should be limited to those related to the yield plan. Nancy Coffee of97 Haskell Street says there is a 100-foot buffer zone for the wetland. Thomson states that the lots can be within the 100-foot buffer zone but the buildings and structures cannot without Conservation Commission approval. Nancy Coffee speaks as a member of the Open Space Committee, whose major priority is maintaining and preserving open space. She explains that this is one of the last farmlands in Beverly Farms, and that it is a mowed field, not a lawn. Coffee states that the house has been there since the 1850's and the property has a very beautiful landscape. She says that a friend of hers lived there and spent her life taking care of that land. She urges the Board to consider allowing cluster housing, or something that would preserve that beautiful open space. Mary Grant of 868 Hale Street states that she lives nearby. She states two major concerns: . The people living downhill of that site will have to deal with the stormwater runoff, and they are already having issues. . As a pubic servant she has spoken to people that have raised the issue of whether anyone could do something to maintain some sense of history in this City. She cites Newport as a good example. She explains that this is a very unique area that Planning Board February 9, 2010 Page 5 of7 people take Sunday drives just to see, and it is one of the things that attracted her to the City 30 years ago, and she would hate to lose that. Mary Roderick of 14 Peabody Ave speaks against the development of this space. Rhuda states that the landscape architect designed an alternative plan. Peter Ogren displays the alternative plan showing a total of 5 lots with a driveway through the wetland. Harris states that this is a much better start, and there is still the issue of the private sewer. Lewis states that there is a ruling from the City Solicitor that the sewer is private. Latham requests a 30-day continuance. Thomosn: Motion to continue this public hearing until March 16,2010, at 8:00 p.m. 4. 875 Hale Street - Minor Preliminary Subdivision Plan - Montrose School Park. LLC Quigley requests a 60-day continuance for this item, and presents a letter of waiver for the time permitted. Mack: Motion to waive the decision deadline, seconded by Thomson. Thomson states that they need to extend the decision until June 20th. Latham modifies the waiver letter until June 20,2010 and resubmits it to the Board. Mack: Motion to withdraw the previous motions, seconded by Harris. Mack: Motion to extend the decision deadline until June 20, 2010, seconded by Harris. Passes 6-0. The Chair abstains. Matz recuses himself. 5. Pennv Lane Definitive subdivision (a.k.a. Hale Court) - Expiration of Construction Completion Date (January 28. 2010) - Tom Ford Zambernardi reads a letter from Tom Ford into the record. Zambernardi reads a letter dated February 9, 2010 from City Engineer Frank Killilea recommending that the City retain the bond until the completion of the work. Planning Board February 9, 2010 Page 6 of7 Thomon: Motion to extend the construction completion date for 60 days to allow for completion of the project, seconded by Flannery. Passes 7-0. The Chair abstains. Dinkin states that the Planning Department can release the bond money if the work is completed to the satisfaction of the City Engineer within the 60 days. 6. Minor Modification ReQuest: Site Plan Review Application #99-09 - Beverlv Retirement Communitv - 105 Cherrv Hill Drive (formerlv 45 Conant Street) - Increase in footprint of the main buildin2 bv 1.52%: modified courtvard. planter areas and additional pedestrian walkwavs: relocation of dumpster and modified utilities Dinkin reminds the Board that they must first determine whether the requested modification is minor, and if so, they must determine if the substance of the changes are approvable. Rob McSorley explains that they are requesting approval for a plan that increases the footprint square footage by 1.52%. He adds that they are moving the dumpster down and the utilities will change; the water and sewer will move closer to Cherry Hill to allow removal of one man-hole cover. He explains that even with these changes the plan is well below the percentage cap for impervious surfaces. He adds that the storm water treatment system is still adequate for this increase. He confirms that there will be no change in the number of residential units, and the landscaping and lighting plans did not change. Zambernardi reads a letter dated February 8,2010, from City Engineer Frank Killilea into the record. Harris: Motion to deem the changes as minor, seconded by Mack. Passes 7-0. The Chair abstains. Harris: Motion to approve these changes III substance, seconded by Flannery. Passes 7-0. The Chair abstains. 7. Approval of Minutes - December 15. 2009 and Januarv 12.2010 Harris: Motion to approve the minutes, seconded by Flannery. Passes 8-0. 8. Reminder: Joint Public Hearin2 With Citv Council: Februarv 16.2010 at 7:15 P.M. for Residential Reuse of Existin2 And Former Public Buildin2s Ordinance Amendments. Citv Hall. Council Chamber. and Special Meetin2 Immediatelv After. Conference Room 'B' Planning Board February 9, 2010 Page 7 of7 Mack: Motion to adjourn, seconded by Thomson. All members and the Chair vote in favor. The motion passes 8-0.