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2010-07-20 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: Planning Board Tuesday, July 20,2010 Beverly City Hall, Council Chamber, Third Floor Chairperson Richard Dinkin, Vice Chairperson John Thomson, Joanne Dunn (7:25 p.m.), Ellen Flannery, Charles Harris, Ellen Hutchinson, David Mack MEMBERS ABSENT: None OTHERS PRESENT: RECORDER: Assistant Planning Director Leah Zambernardi Eileen Sacco Chairperson Dinkin calls the meeting to order at 7:00 p.m. Mack submitted a Certification of Evidence Review pursuant to M.G.L. Ch 39, Section 23D certifying that he reviewed an audio recording of the Planning Board session he missed on June 15,2010. Harris: Motion to recess for public hearing, seconded by Hutchinson. The motion carries 7-0-0. Continued Concurrent Public Hearim!:s - Special Permit Application #124-10 and OSRD Site Plan Application #03-10 - Create One Pork-Chop Shaped Lot and Four Lots (three new and one existin2) -1 Lake Shore Avenue - Lake Shore One Avenue Realtv Trust Thomson: Motion to waive reading of the legal notice. Flannery seconds the motion. The motion carries (7-0). Atty. Thomas Alexander is present for the applicant. Alexander addresses the Board and explains that since the last meeting and as a result of input from the Planning Board, they have made some changes to the OSRD plan and have submitted revised plans and explains the changes to the plans as follows: 1. Existing mature trees greater than 6 inches caliper along Lake Shore Avenue were field located and added to the OSRD site plan. 2. The concept house location on lot 3 was shifted further away from the roadway and proposed grades revised to decrease disturbance along Lake Shore Avenue. 3. The concept house on Lot 4 was shifted further away from the northwest property line. Tiered retaining walls are also proposed along the front of the residence to decrease Beverly Planning Board July 20,2010 Page 2 of 14 disturbance along Lake Shore Avenue. They no longer request a waiver associated with the 25-foot wide tract buffer on Lot 4. 4. A 15 foot wide "Mature Vegetation Protection Zone" along Lake Shore Avenue in front of Lots 2,3, & 4 has been added to the OSRD Site Plan. They propose that all mature trees greater than 10 inch caliper within this zone be protected. Together with existing trees in the public right of way, the zone will provide an approximately 20 foot wide corridor of mature vegetation along Lake Shore Avenue. Exceptions are proposed for driveways and utilities and for future maintenance of dead or dying vegetation. Alexander explains that they have submitted an open space management plan in the form of a proposed Conservation Restriction. He notes that there is a letter from the Conservation Commission supporting the Site Plan. He notes that the Commission notes that the additional open space will enhance existing undisturbed woodland of Sally Milligan Park. Alexander also notes that there is a letter from the Open Space and Recreation Committee in support of the Site Plan as well. Alexander states that the Parking and Traffic Commission met earlier this month and approved the project and a letter reflecting that has been submitted to the Board. Atty. Alexander notes that the applicants are lifelong Beverly Residents and they are not looking to max out the parcel as some would and requested that that the Board close the hearing and issue a decision. Dinkin asks if any members of the Board have questions. Thomson questions who will own the open space when it is conveyed. Alexander states that they are proposing to convey it to the Conservation Commission as has been done in other instances. Thomson notes that the OSRD does not provide for the City Conservation Commission or other non-profits to do this. Alexander notes that he has talked to Conservation Commission Chairman David Lang and he has indicated that he would be inclined to support adding this open space to their land. Thomson also noted that the buffer zone is not technically open space. Zambernardi reads comment letters from the following Boards and Commissions: Elizabeth Dunn, Beverly Open Space and Recreation Commission Dated July 14, 2010 David Lang -Beverly Conservation Commission - Dated July 15,2010 Richard Benevento -Parking and Traffic Commission - Dated July 8, 2010 City Engineer Frank Killilea - Dated July 20,2010 Zambernardi also reads a letter from Sheila Ouellette of 2 Lake Shore Avenue dated July 7, 2010, outlining her issues with the project and requesting that an impartial engineering study to examine more closely the hydrologic model used by Griffin Engineering. Beverly Planning Board July 20,2010 Page 3 of 14 Griffin addresses the Board and explains the process used for the calculation of the drainage for the site. He notes that the comprehensive model that they used is widely used for this type of project. He reviews the co-efficient and land use criteria for assigning drainage calculations. Griffin also notes that his firm has been retained by the communities of W oburn and Burlington to review projects in those towns. Alexander explains that the applicant has a desire to preserve open space and they have minimized their options. Dinkin opens the hearing up for public comment at this time. Joan Williamson of 8 Lake Shore Avenue addresses the Board and explains that she had a foot and a half of water in her basement last spring and she is concerned about how the additional construction in the area will affect her property. Dinkin explains that the developer cannot make any existing issues worse as the result of the project, and he is under no obligation to improve pre-existing conditions. Atty. Alexander notes that there is always recourse and it could be a cause of action. Christopher Ouellette of 2 Lake Shore Avenue addresses the Board and he has also had water problems and states he is concerned if the catch basins can handle it. He also requests that the Planning Board hire an impartial engineer to review the plans to make sure that this project will not make the problems any worse. Richard Lambert of 51 Cross Street addresses the Board and states that he would like to see concept Plans A & B. Bob Griffin explains the plans. He also explains that the water problems are due to the catch basin issues and massive vegetation. The question was asked if the developer could replace the catch basin grid. Griffin states that it would be subject to the approval of the city. Harris asks why there is so much water on the left side of Lake Shore Avenue. Griffin explains that there is a ledge out crop and a long strip of pavement. Thomson notes that impervious surfaces are replacing ledge so that there will not be much of a change in that regard. Thomson also notes that Mr. Griffin was the engineer on the Chapman's Corner project and there have been no changes since that development was built. Sheila Ouellette of 2 Lake Shore Avenue addresses the Board and questions the increase in the impervious surface. Griffin explains that the proposed plan will result in a 1,000 s.f. increase in impervious surface and explains the drainage plans. Dinkin recesses the hearing until 8:05 p.m. Dinkin reopens the hearing at 8:05 p.m. Beverly Planning Board July 20,2010 Page 4 of 14 Dinkin asks if there are anymore public comments on this matter. Leo Jaffe of 24 Lake Shore Avenue addresses the Board and expresses his concerns about the catch basins. He notes that he does not object to the project and asks if any consideration was given to the siting of the houses to take advantage of the existing driveways. Griffin explains that there are five catch basins and reviews the locations on the plan. He also notes that they are not proposing to change the grass strip. Richard Lyman addresses the Board and notes that the letter from the Conservation Commission indicates that the Commission suggests that alternative house layouts for Lot 1 be considered to remove development activity from the 100-foot buffer zone. Lyman asks for clarification of the depression calculations that were requested at the last meeting. Griffin reviews the calculations. Chris Ouellette of 2 Lake Shore Avenue addresses the Board and states that the changes from this project will create issues for people in the neighborhood. Mr. Lambert of 57 Cross Lane addresses the Board and expresses his concern about runoff from the site. Griffin explains that there may be an increase in runoff but that will be offset by the addition of the drainage depression. A resident of 23 Lake Shore Avenue addresses the Board and questions if it is feasible to position the catch basins in a driveway that will exit Lake Shore Avenue. Griffin states that they could do that but it would not accomplish much and it would be unnecessary. Sheila Ouellette addresses the Board and requests that a geologic survey is done as well as a pre blast survey. Griffin explains that any blasting work will require a pre blast survey in accordance with state regulations, which the Beverly Fire Department enforces. He also noted that the overlay maps show the route of the drainage system. Dinkin addresses the Board and notes that there are two issues for the Board to decide. One being if the Board is going to require a third party review of the drainage and the other being if the Board has enough information to close the hearing and issue a decision. Thomson notes that they are not creating a new road. Atty. Alexander addresses the Board regarding the request for a Special Permit for a Pork Chop Lot is required because Lot 2 will only have 122.03 feet oflegal frontage on Lake Shore Avenue where 125 feet is required. Zambernardi notes that Planning Department staff has conducted a technical review of this application and has found that the plan meets all of the dimensional requirements for a pork chop lot found in Sections 29-5.I.f thru j. She also notes that the Board must consider whether the Beverly Planning Board July 20,2010 Page 5 of 14 plan meets the criteria of 29-5.1 a thru e. Thomson states that he believes the proposed pork chop lot meets the criteria. Thomson: Motion to close the concurrent public hearings. Flannery seconds the motion. The motion carries (7-0). Discussion/Decision - Special Permit #124-10 and OSRD Site Plan #03-10 - 1 Lake Shore Avenue Thomson: Motion to find that the request meets the criteria for granting a pork chop lot special permit and to approve the requested Special Permit for Pork Chop Lot for application #124-10 - 1 Lake Shore Avenue and that the lot. Mack seconds the motion. The motion carries unanimously. Thomson then addresses the OSRD Site Plan and states that the applicant has demonstrated everything that the Board has asked of them. He also notes that the requested waiver has been eliminated on one side and reduced from 25 feet to 15 feet at the front. He also notes that the number of lots proposed has been dramatically reduced and the open space is contiguous with Sally Milligan Park. The Board discussed conditions for the approval as follows: 1) That public access shall be permitted to the Open Space via present or future trails on the adjoining city property (Sally Milligan Park). 2) The Open Space parcel shall be deeded to the City of Beverly. Should the Conservation Commission choose not to accept the open space, the Board approves the Conservation Restriction submitted with this OSRD application. This document is subject to review, edit and approval by the appropriate City entities and State agencies. Further, if used, this document should be amended so that the section on public hunting, boating and fishing is stricken from the text. 3) That there is a IS-foot wide mature vegetation protection zone along the Lake Shore Avenue frontage as shown on the OSRD site plan and that removal of mature trees of 10- inch diameter or greater on the entire tract is prohibited, with the exception of areas for house foundations, driveways and utilities and for dead or dying vegetation, the removal of which is subject to the consent of the City Arborist. 4) That there be no further subdivision of the property for additional building lots. 5) Pertaining to the water meter pit: That either a utility easement is provided on Lot 3 for the relocated water service to Lot 2, or the meter pit must be relocated so that the relocated water service for Lot 2 is entirely on Lot 2. 6) That the new houses on Lots 1, 3 & 4 be sited no closer to the street than the conceptual building footprints shown on the OSRD site plan. 7) Subject to review and approval by the City, that the owner/developer improve the existing catch basins in the public ways adjacent to the subject property with an open curved inlet or similar so they will be less likely to be obstructed by storm debris. 8) That the stonewalls along the property be preserved with the exception of openings for the driveways and utilities. Beverly Planning Board July 20,2010 Page 6 of 14 9) That a 500-gallon drywell be added on each of the southwest side of the house on Lot 4 and the southeast side of the house on Lot 3. 10) That comments received on this project, which are contained in letters from the Design Review Board dated June 4,2010 and the Board of Health dated May 14,2010 (attached) are adhered to. 11) That the open space parcel shall be deeded to the City or a CR put in place pursuant to Condition 2. above prior to sale of any of the lots, separately or in the aggregate. 12) Prior to any construction/earthwork, the developer shall survey the entire boundary of the open space and shall place permanent markers at each angle, to be inspected and approved by City Engineering staff. 13) Prior to commencement of earthwork/construction and upon the developer's placement of permanent markers (pursuant to 11. above), the developer shall notify the Planning Department of such and a Planning Board representative shall take photographs along all boundaries of the open space to establish an open space "baseline conditions" file, color copies of which shall be given to the entities that shall own the land and/or hold the restriction, at the expense of the developer. 14) Prior to commencement of earthwork/construction, the developer shall install temporary or permanent signage at regular intervals along the open space boundaries that clearly describe the land's protection status. 15) Prior to sale of any of the lots, separately or in the aggregate, the developer shall install permanent signage at regular intervals marking the open space boundaries. Signage must clearly describe the land's protection status and public access rights. Developer to provide a template for a sign for review and approval by the Board. Prior to sale of the lots, a "walk through" of the development is required with a Planning Board representative and City Engineering staff to assure the open space remains at baseline conditions and that the open space areas are clearly and adequately marked. Thomson: Motion to approve the OSRD application for 1 Lake Shore Avenue subject to the above-referenced conditions. Harris seconds the motion. The motion carries unanimously. Thomson addresses those present and states that the Planning Board is concerned about the water runoff issues in the neighborhood, however it is difficult to justify requiring the applicant to hire a third party engineer to review the plans. He notes that Mr. Griffin is an experienced engineer who has a good record working with the city and he is comfortable that this will not make the situation that exists in the neighborhood worse. He noted that unusual storm events will cause flooding and further notes that he accepts the engineer's honest and professional judgment. Public Hearin2 - Rescission of Definitive Subdivision Plan - Sturtevant Street Extension - Edwin & Heidi Sopp Zambernardi reads the legal notice. Atty. Thomas Alexander representing the applicant addresses the Board and explains that the Sopps purchased the property in June of 2009. He explains that the Definitive Subdivision was Beverly Planning Board July 20,2010 Page 7 of 14 approved in 1987 and was never built and the construction deadline expired long ago and no extensions were requested. He explains that they are requesting to remove Sturtevant Street from the official city map and the associated lot lines. He notes that Sturtevant Street is a public way from Elliot Street to the intersection of Greystone Avenue, which is an unconstructed paper street and becomes private thereafter. Atty. Alexander explains that this request is allowable under Massachusetts General Law Chapter 41, Section 81- F which states "that any way, which is not a public way, appearing on an official map of a city or town may be modified or removed there from by the Planning Board acting in accordance with the procedure set forth in section 81 so far as apt, provided there is no objection at a public hearing by any person in interest. Chapter 41 further states that all provisions of the subdivision control law relating to the submission and approval of a plan of a subdivision shall, so far as apt, be applicable to the approval of the modification, amendment or rescission of such approval." Alexander explains that the Sopps propose to merge the land into two (2) Lots; one lot for each of the existing two buildings. Dinkin asks if the members of the Planning Board have any comments on the proposal. Thomson asks what the condition of the property is now. Alexander states that it was proposed to be seven separate lots and they are proposing to simplify it and eliminate the lots. Thomson asks if they will be coming back with an ANR for the two lots. Alexander states that they will be doing that for the two existing house lots. Dinkin opens the hearing up for public comment at this time. Elizabeth Kiley of 67 Sturtevant Street Extension addresses the Board and notes that there are four houses on her street and asks if this will effect them. Mr. Dinkin explains that this action by the Planning Board will not affect that extension at all. Thomson questions where the frontage for the houses will be. Alexander explains the plan and notes the locations of the houses and the driveways. Zambernardi questions what the legal status of the garage is. Alexander states that he talked with John Jennings and they are in agreement. Harris: Motion to close the public hearing. Flannery seconds the motion. The motion carries (7-0). Discussion/Decision: Rescission of Definitive Subdivision Plan - Sturtevant Street Extension - Edwin & Heidi Sopp Harris: Motion to approve the rescission of the Definitive Subdivision Plan for Sturtevant Street Extension. Hutchinson seconds the motion. Beverly Planning Board July 20,2010 Page 8 of 14 Subdivision Approval Not ReQuired (SANR) Plan- Sturtevant Street - Edwin and Heidi fu!Im Atty. Alexander presents a SANR plan to split the lot at the end of Sturtevant Street into two lots. He states that each lot would have a dwelling unit on it. Thomson notes that frontage for one of the lots would be eliminated. Alexander states that this action is really adjusting lot lines. Thomson states that he does not think it is that simple because there is a paper street involved. Dinkin notes that there are dozens of primitive residences that lack legal frontage. Thomson states that he takes the practical access issue on existing ways very seriously and he feels that approving this could create a fresh new violation. Dinkin notes that the Board has a schedule to follow and recesses discussion of this matter until 8:50 p.m. Dinkin reconvenes discussion on the SANR plan at 8:50 p.m. Atty. Alexander states that the Board can endorse the plan to allow the division so there won't be more than one dwelling unit upon a lot pursuant to M.G.L. Chapter 41, Section 81-F. He states that both buildings were on the lot prior to the Subdivision Control Law becoming effective in Beverly. Thomson states that he will vote in favor of this plan only as it applies to that section of the Subdivision Control Law. If it did not meet the criteria for this section, he would vote against endorsing the plan because of inadequate frontage. Dinkin calls for a vote on the motion: Harris: Motion to endorse the plan as one not requiring approval under the Subdivision Control Law on the basis of M. G.L. Chapter 41, Section 81- F. Hutchinson seconds the motion. The motion carries (7-0). Continued Public Hearin2 - Modification to Site Plan Review #40-98 - Construction of 79.200 s.f. addition for li2ht industrial and stora2e in Watershed Protection Overlav District - Aero Manufacturin2 / 40 & 100 Sam Fonzo Drive - Salvatore Fonzo. Trustee of S & D Real Estate Trust Peter Ogren of Hayes Engineering addresses the Board and notes that the only piece of information that was missing at the last meeting was a recommendation from the Parking and Traffic Commission. He stated that they were before the Parking and Traffic Commission (P & T) at their July 6, 2010 meeting and they have submitted a letter indicating that they approve the Beverly Planning Board July 20,2010 Page 9 of 14 site plan with the conditions that the applicant trim the brush and vegetation along Sam Fonzo Drive from the new driveway westerly along the limits of the property in question, and to maintain the area to ensure sight distances are not diminished. He also explains that the P & T recommends that the size of any plantings along the Sam Fonzo Drive frontage be limited to a maximum of twenty four (24) inches in height. Ogren also notes that the Beverly Conservation Commission has reviewed the project and has submitted a comment letter to the Planning Board. Matz notes that the Conservation Commission letter indicates that they observed leeching on the site and asks if the material was analyzed. Ogren explains that the leeching observed was iron rust from scrap metal containers on the site. He notes that all waste metal storage has been moved inside the building and they are going to pressure wash the parking area. Zambernardi reads comment letters from the following: David Lang, Chair Beverly Conservation Commission Dated July 15,2010 Richard Benevento, Chair Beverly Parking and Traffic Commission Dated July 8, 2010 Dinkin asks if there are any questions regarding this matter. There were no questions. Thomson: Motion to close the public hearing. Harris seconds the motion. The motion carries unanimously. Discussion/Decision: Modification to Site Plan Review #40-98 - Aero Manufacturin2 / 40 & 100 Sam Fonzo Drive - Salvatore Fonzo. Trustee of S & D Real Estate Trust Thomson: Motion to approve the Modification to Site Plan Review #40-98 - Construction of 79,200 s.f. addition for light industrial and storage in Watershed Protection Overlay District - Aero Manufacturing / 40 & 100 Sam Fonzo Drive with the conditions that no metal waste shall be stored outside and that the applicant adhere to the Park and Traffic Commission comments. Flannery seconds the motion. The motion carries with Matz abstaining. Continued Public Hearin2 - Proposed Adoption of "Submission ReQuirements. Procedures & Supplemental Re2ulations" pursuant to Section 29-34 "Inclusion of Affordable Housin2" and Amendments to "Plannin2 Board Re2ulations Governin2 Fees and Fee Schedules" Zambernardi recalls that the Planning Board opened the public hearing on this matter on June 15, 2010 and explains that the Ordinance requires that all residential developments containing over 10 new dwelling units provide at least 12% of them as affordable housing. This housing is required on site, although the ordinance allows that the Board grant a special permit to allow that the units be located off-site, the developer pay a fee in lieu of on site affordable units to the city, or the developer donate land to the city or an affordable housing entity. She further explains Beverly Planning Board July 20,2010 Page 10 of 14 that the Section 29-34D mandates that the Planning Board adopt Affordable Housing Regulations to administer the Ordinance using procedures in MGL Chapter 40A, Section 11. Zambernardi explains that the Planning Department has drafted theses regulations using a model from the town of Shrewsbury, with the assistance of the Planning Board Chair and Vice Chair. She also notes that the Shrewsbury document was drafted by Judi Barrett of Community Opportunities Group, the consultant that the City hired to draft its Inclusionary Housing Ordinance in 2006-2007. Zambernardi explains that feedback and assistance is required for the determination of the method by which fees are charged for applicants seeking a special permit to allow a payment in lieu of providing affordable housing units on site, found in Section 3.2 "Fee in Lieu of Units." She explains that planning staff conducted a fee study in which 5 methods of assessing fees were explored and these methods are based on Ms. Barrett's advice that the fee be the difference between the median market rate sale price over the most recent three years in the city or per the Assessors neighborhood code and the price affordable to a low income household. She used the example of Median Market Rate Sale Price - Affordable Unit Sale Price = Fee. Zambernardi notes that a summary sheet of the fee study was provided in a previous packet for the June meeting and the Planning Department Staff recommend adoption of Option 3 or Option 5 Thomson asks when the fees get paid. Thomson notes that often projects are planned but never get built. Zambernardi reads the requirements from the relevant part of the Zoning Ordinance. Members discuss the options. Hutchinson expresses concern on relying upon the Assessor's Neighborhood Codes. Dinkin explains his preference for a fee based on area values. There are no further questions or comments regarding this matter. Thomson: Motion to close the public hearing. Harris seconds the motion. The motion carries (7-0). Dinkin suggests that the decision on this matter be tabled to the next meeting. Thomson agrees. Matz: Motion to table the decision regarding Proposed Adoption of "Submission Requirements, Procedures & Supplemental Regulations" pursuant to Section 29- 34 "Inclusion of Affordable Housing" and Amendments to "Planning Board Regulations Governing Fees and Fee Schedules" to the next meeting in September. Flannery seconds the motion. The motion carried (7-0). Continued Concurrent Public Hearin2s - Site Plan Review Application #101-10 and Special Permit Application #125-10 - 302 & 292 Rantoul Street - Italian Communitv Center Beverly Planning Board July 20,2010 Page 11 of 14 Thomson: Motion to waive reading of the legal notice. Flannery seconds the motion. The motion carries (7-0). Attorney Thomas Alexander addresses the Board and explains that this has been a three-month process. He explains that the ICC is a vibrant active club in the community and they would like to expand. He notes that they purchased a building at 292 Rantoul Street and demolished it to make way for a new addition to their building. Alexander notes that a neighbor to the site has submitted a list of 38 questions regarding this proposal, which they have thoroughly reviewed. He notes that in considering the special permit the zoning ordinance provides criteria for the Board to consider and he explains how the project meets that criteria. Atty. Alexander notes that the site has been used for 75 years as a community club and the property values have not been adversely affected. He further notes that the demolition of the building was an improvement to the neighborhood. He states that this proposal is an adequate and appropriate use of the site and requests that the Board close the public hearing. Dinkin opens the hearing up for public comment at this time. Wayne Wendell of 288 Rantoul Street addresses the Board and expresses his concerns about the proposed use allowed as a special permit. Alexander explains that the use they are here for is allowed by special permit. Wendell shows the Board photographs that he took of the site. He also states that he knows that there is trash buried along his property line. Wendell states that he wants them to build the addition but he wants to do what is right. Alexander states that his clients have been trying to work with Mr. Wendell and they have looked at all of his concerns. Harris asks what Mr. Wendell does not like about the project. Wendell states that he had a lot of concerns but he has relaxed on a lot of them. He states that he is concerned about the effect of the construction on his property. Atty. Alexander stated that they would be willing to accept a condition that the applicant does a pre-construction survey on Mr. Wendell's property with a video camera. There are no further questions or comments regarding this matter: Thomson: Motion to close the public hearing. Matz seconds that motion. The motion carries (7-0). Dinkin reconvenes the regular meeting. Beverly Planning Board July 20,2010 Page 12 of 14 Discussion/Decision - Special Permit Application #125-10 and Site Plan Review Application #101-10 - 302 & 292 Rantoul Street - Italian Communitv Center Thomson states that this is an appropriate location for the addition to the site and the project meets the special permit criteria. Thomson: Motion to grant Special Permit Application #125-10 for 302 & 292 Rantoul Street - Italian Community Center. Mack seconds the motion. The motion carries with Matz abstaining. Members of the Board then take up the request for approval of the site plan. Zambernardi reviews comments from the Beverly Board of Health and notes the requested conditions. She also reads a letter from Beverly Main Streets supporting the project. Matz states that if there is a potential undermining issue that would be a matter between the private parties. He also notes that the developer has offered a pre-construction survey for the abutter. Mack: Motion to approve the Site Plan Review for 302-292 Rantoul Street - Italian Community Club. Flannery seconds the motion. The motion carries (5-0-2 with Thomson and Matz abstaining.) Set Public Hearin2 Date - 875 Hale Street Definitive Subdivision Plan - Montrose School Park. LLC Zambernardi notes that action on this application is not required until the end of October 2010. Members table setting the public hearing date until the September meeting. Open Space Residential Desi2n (OSRD) #02-10 - Initial Review - 875 & 875 ~ Hale Street - Montrose School Park. LLC Zambernardi states that the developer has notified the Planning Board that they wish to table the public meeting and public comment period on the Conceptual Plan to the September meeting. Members of the Board table this item to an unspecified date and time. Subdivision Approval Not ReQuired (SANR) Plan - Citv of Beverlv Golf and Tennis Club - 134 McKav Street Zambernardi reviews the ANR for the Beverly Golf and Tennis Club. She explains that they are proposing to break off a 26,861 s.f. parcel from the 8-acre parcel and the new lot would have approximately 165 feet of frontage on McKay Street. She further explains that this will accommodate their desire to build a new structure on the northeast corner of the site, which will be used for a maintenance building. She states the project is not set in stone. Mack questions why they need to do an ANR to do that. Beverly Planning Board July 20,2010 Page 13 of 14 There are no further questions or comments regarding this matter: Mack: Motion to endorse the ANR Plan for City of Beverly Golf and Tennis Club 134 McKay Street. Flannery seconds the motion. The motion carries (7-0). Cluster Subdivision Plan - Chapman's Corner Estates - (Settlement Plan) - ReQuest to Release Lots from Form G Covenant and ReQuest for Extension of Construction Completion Date - David Carnevale. Mana2er - Manor Homes Development. LLC Zambernardi explains that the request is for a one-year extension of the construction completion deadline and for the release of lots 28, 29, 30 & 32, which were not included in the release approved in 2009. She explains that these lots include the art gallery building, the affordable units at 252 Hale Street, Matthew Kavanaugh's home and another existing home. With existing houses on them, neither the City nor the developer thought to include them in the 2009 lot release request because they wouldn't be receiving services from new utilities, applying for building permits for new construction or using the new road for access. Now that the affordable units are being sold, the City noticed a stipulation in the covenant prohibiting the sale of lots until all improvements in the subdivision are completed. She notes that the developer is requesting that the lots be released from the restrictive language of the Form G Covenant to enable the sale of those lots. Thomson: Thomson: Motion to grant a one year extension for the construction completion deadline for Chapman's Corner - Manor Homes Development, LLC. Flannery seconds the motion. The motion carries (7-0). Motion to approve the release oflots 28,29,30 & 32 - Chapman's Corner Estates - (Settlement Plan) - Request to Release Lots from Form G Covenant. Mack seconds the motion. The motion carries (7-0). New or Other Business Open Meeting Law Changes - Zambernardi notes that there are changes to the Open Meeting Law that took effect on July 1,2010. She reviews a summary of the changes as they affect the Planning Board. Approval of Minutes - February 17. 2009 Thomson: Adjournment Thomson: Motion to approve the minutes of the Beverly Planning Board meetings held on May 19, 2010 and June 15, 2010. Flannery seconds the motion. The motion carries 7-0. Motion to adjourn. Flannery seconds the motion. The motion carries 7-0. Beverly Planning Board July 20,2010 Page 14 of 14 The meeting is adjourned at 10:45 p.m.