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2011-10-18CITY OF BEVERLY MASSACHUSETTS REGULAR MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: PLANNING BOARD Planning Board Tuesday, October 18, 2011 Beverly City Hall, Council Chamber, 3 Floor MEMBERS PRESENT: Chairman Richard Dinkin, Vice Chairman John Thomson, Michael O'Brien,Charles Harris, Ellen Flannery, David Mack, Ellen Hutchinson MEMBERS ABSENT: James Matz OTHERS PRESENT: Assistant Planning Director, Leah Zambernardi RECORDER: Diana Ribreau Dinkin called the regular meeting of Beverly Planning Board to order at 7:30 p.m. Subdivision Approval Not Required Plans (SANR's) a. 151 Hale Street - Janet Pellegrini Attorney Tom Alexander presented the SANR on behalf of the applicant. Alexander gave a brief overview of the property, which has consisted of two buildings since 1922. He stated that there has been a commercial building on the property since 1922, which currently houses "Taste Buds ". He stated that there is also a residence on the property, which was built in 1881. He stated the proposal is to split the property into two lots pursuant to MGL Chapter 41, Section 81 L, because both buildings were standing when the subdivision control law was adopted by the City of Beverly in 1954. Thomson made a motion to endorse the SANR Plan as submitted. Motion seconded by Flannery. Motion passes 6 -0 -0. b. Sam Fonzo Drive — Axcelis (formerly Eaton Nova) 0 Request for 81X Certificate Zambernardi stated that the plan was endorsed by the Planning Board in 1999 but was never filed at the Registry of Deeds. The proposal was to extinguish a lot line between Lot 4A and 15A which resulted in one Lot. Regular Meeting Beverly Planning Board October 18, 2011 Page 2 of 7 Zambernardi read a letter submitted to the Planning Board dated October 13, 2011 by Peter Ogren, Hayes Engineering requesting that the Board issue a Certificate pursuant to Massachusetts General Law, Ch. 41, Sec. 81 X which would allow him to file the plan. Zambernardi stated that the Board can issue an 81X Certificate confirming that the plan has not been modified, rescinded, or changed from the original approved plan. She stated that the City Engineer found a few hand written notations that have been added to the Plan in 2011 that confirm the boundaries to the previously approved Plan from 1999. She stated that the Board must determine if the plans submitted constitute a "changed" plan. Thomson stated that if the Board finds that this plan is changed, the applicant should remove the notations from the plan to get an 81X Certification or submit a new ANR application for approval of this plan. Mack asked if he could review the Statute if available. Zambernardi provided a copy for review. Mack made a motion to withhold issuance of an 81X Certificate. Motion seconded by Flannery. Motion passes 6 -0 -0. New or Other Business a. Special Permit #122 -10 — 865 Hale Street — Kevin and Susan Barry Zambernardi stated that the Applicants are requesting that the Planning Board confirm and acknowledge the automatic extension per the Permit Extension Act (Section 173 of Chapter 240 of the Acts of 2010 — An Act Relative to Economic Development). Zambernardi read a letter from the Applicants dated October 2, 2011 requesting the Board "confirm and acknowledge" that the special permit is automatically extended to May 19, 2014 and that no further action is required of them. Zambernardi noted that the special permit was approved on May 19, 2010. The expiration of the special permit would be May 19, 2012 thus the automatic extension would be 2014. Thomson made a motion to acknowledge and confirm the 2 -year automatic extension from the date of approval to May 19, 2014. Motion seconded by Mack. Motion passes 6 -0 -0. b. Set Public Hearing Date — Minor Modification to Wellington Heights Definitive Subdivision Plan (AKA Oak Hill Estates) — Roundy Estates LLC. Zambernardi gave an overview of the project and informed the Board that the Applicant submitted a Form C Application with an owner signature. Zambernardi noted that because the direct abutters in Beverly question the ownership of the said "stub" that is the subject of this application and the anticipation that Roundy Estates, LLC was planning to submit a Form C Application with an owner signature, Planning Staff through the Chair, requested assistance from the City Solicitor in determining whether the "Release Deed" is sufficient to meet the Board's requirement of an owner signature. She stated that a new "Confirmatory Release Deed" between Regular Meeting Beverly Planning Board October 18, 2011 Page 3 of 7 Oak Heights Corporation and Roundy Estates, LLC was filed at the Registry of Deeds in August 2011. She stated that the Applicant submitted a Form C Definitive Plan Application and is requesting that a public hearing date be scheduled for the regular November Planning Board meeting. Zambernardi informed the Board that the City Solicitor, Roy Gelineau has informed her that he has not formulated an opinion as of yet but is working on it. Dinkin stated that in the absence of the City Solicitor's comments, the matter would be tabled until the next regular Planning Board meeting scheduled for November 22, 2011. Administrative Review: Inclusionary Housing Application #02 -11 — 60 Pleasant Street — Pleasant Street Apartments — Windover Properties, LLC Attorney Miranda Gooding on behalf of her client Windover Properties, LLC gave a brief overview of the ongoing project, which has 100% affordable housing units with the exception of one unit for a live -in responder. The project is subject to the Inclusionary Housing Ordinance, Zoning Ordinance Section 29- 34.I.3. Because the project is not subject to site plan review or OSRD, only an administrative review of the plan is required. Zambernardi stated that a majority of a quorum vote is required to take action. Thomson made a motion to approve Inclusionary Housing Application #02 -11. Motion seconded by Flannery. Motion passes 7 -0 -0 with the Chair voting in favor. Dinkin placed the meeting in recess until 8 p.m. Dinkin called the regular meeting back to order at 8 p.m. Flannery made a motion to recess and convene for a scheduled public hearing. Motion seconded by Mack. Motion passes 6 -0 -0. Public Hearing: Site Plan Review Application #104 -11 — 128 Park Street — Eugene T. Sullivan Inc. and Wayne Realty Trust Zambernardi read the Public Notice for the record and gave a brief review of the SANR Plan submitted at the last Planning Board meeting. Eugene T. Sullivan submitted a site plan review application on behalf of Wayne Realty Trust for the construction of two industrial garages containing 33, 287 s.f in the IG Zoning District. Sullivan reviewed the Plans showing two industrial buildings on the corner of Park Street and Creek Street. One building would contain 9 units and the second building would contain 8 units Regular Meeting Beverly Planning Board October 18, 2011 Page 4 of 7 for use as contractor /craftsmen shops. He stated that the fire and police departments reviewed the plans and concerns were raised regarding turning radius of vehicles to access the site. Sullivan noted that the Applicant has submitted drawings to eliminate those concerns. Sullivan reviewed the landscaping plans that were presented to the Design and Review Board and drainage plans, which he noted, are designed to DEP standards. Thomson asked about site lighting. Sullivan responded. Dinkin asked if the units would be condos or leased. Sullivan responded that the plans are to lease the units with the intention of one day selling them as industrial condominiums. Dinkin asked about the 42 -inch drain line at the rear of the property and if the applicant would give the City an easement over it. Sullivan stated that the Applicant would be open to that. Hutchinson asked if any of the units would be used as a public showroom. Sullivan responded no, there would be no retail component to the units, other than perhaps display of samples related to the business. Dinkin opened the meeting to questions from members of the Public. Pietro Nuccio, 141 Park Street, Beverly, stated that he received a letter from the City regarding the project but that it doesn't give the abutters any information. Dinkin responded by giving a brief overview of the use and number of units proposed. Paul Vitale, 3 College Lane, Beverly, stated that he is in favor of the project. Zambernardi read the following letters from City Officials for the record. October 6, 2011 Russ Rollins, Traffic Sergeant October 13, 2011 Amy Maxner, Environmental Planner, Conservation Commission October 12, 2011 Eric Barber, City Engineer October 18, 2011 Email correspondence from Eric Barber October 12, 2011 Richard Benevento, Parking and Traffic Commission October 07, 2011 Katherine Newhall, Design Review Board October 06, 2011 William T. Burke, Director of Public Health At this time, Dinkin put the Public Hearing in recess until 8:35 p.m. Continued Public Hearing: Special Permit Application #128 -11 and Site Plan Review Application #103 -11 — 30 L.P. Henderson Road — Cicoria Tree and Crane Service. Regular Meeting Beverly Planning Board October 18, 2011 Page 5 of 7 Thomson made a motion to waive the reading of the Public Notice. Motion seconded by Flannery. Motion passes 6 -0 -0. Dinkin put the Continued Public Hearing, Special Permit Application #128 -11 and Site Plan Review Application #103 -11 in recess until 8:50 p.m. Public Hearing: Site Plan Review Application #104 -11 — 128 Park Street — Eugene T. Sullivan Inc. and Wayne Realty Trust This matter was called back to order at 8:35 p.m. Continued letters from City Officials: September 27, 2011 William Fiore, Beverly Fire Department Sullivan responded to each letter submitted. The public hearing was closed at 8:45 p.m. Discussion/Decision: Site Plan Review Application #104 -11 — 128 Park Street — Eugene Sullivan, Inc. and Wayne Realty Trust. Thomson made a motion to approve the Site Plan Review Application #104 -11 with the condition that the Applicant respond to comments and requirements made by the various Board's and City Officials as stated in the aforementioned letters and on the condition that the Applicant grant an easement to the City of Beverly to access the 42 inch drain line going across the back of the property. Motion seconded by Mack. Motion passes 6 -0 -0. Approval of Minutes: May 17, 2011 and June 21, 2011 Thomson noted a grammatical error with his name on page 5 of 6 of the May 17, 2011 meeting and requested a change be made from Thomas to Thomson. Harris made a motion to approve the minutes dated May 17, 2011 with the noted correction needed and approved the minutes to the June 21, 2011 meeting. Motion seconded by Flannery. Motion passes 6 -0 -0. Dinkin put the Regular Meeting in recess at 8:50 p.m. for a scheduled public hearing. Continued Public Hearing: Special Permit Application #128 -11 and Site Plan Review Application #103 -11 — 30 L.P. Henderson Road — Cicoria Tree and Crane Service. This matter was called to order at 8:50 p.m. John Morin, Neve -Morin Group, on behalf of his client Mark Cicoria, gave an overview from the last meeting. He stated that the Board expressed concern about leakage of chemicals from heavy Regular Meeting Beverly Planning Board October 18, 2011 Page 6 of 7 vehicle /equipment storage areas. In response to those concerns, Morin said the Applicant is planning on paving the area of concern and providing a mechanism to catch any hazardous chemicals into what is known as spill grooves. Morin responded to City Official letters regarding concerns and comments from the previous meeting. Such items included flags placed in the wetland area, a new fire hydrant has been added to the plans, the parking area would include a slight rise at the end of the paved area for discharge into catch basins, he addressed flow into the 12" RCP drain under LP Henderson Road, and an annual maintenance record has been incorporated into O & M Plan. Thomson asked Morin if the O & M Plan has been recorded. Morin responded that it has not. Harris asked what type of hazardous materials there could be in the event of spillage. Morin responded that material from a hydraulic hose and /or oil/gas leak from equipment on the trucks. Zambernardi asked the width of the paved area. Morin replied 20 feet. Paul Vitale, 3 College Lane, Beverly — Airport Commissioner, gave an overview of the Airport Capital Improvements Projects and why it is vital that Cicoria Tree and Crane Service be approved and up and running. Zambernardi stated that there are follow up letters from the Fire Department and Water Supply Board that have been submitted but that Morin already addressed them. Thomson made a motion to waive the reading of the follow up letters. Motion seconded by Flannery. Motion passes 6 -0 -0. The Public Hearing was closed at 9:05 p.m. Discussion/Decision: Special Permit Application #128 -11 and Site Plan Review Application #103 -11 — 30 L.P. Henderson Road — Cicoria Tree and Crane Service. Hutchinson stated that she was not present at the previous meeting and is not eligible to vote. Thomson made a motion to grant the Special Permit on the condition that all vehicles will be parked over the paved areas only. Motion seconded by Harris. Motion passes 6 -0 -1 (Dinkin, Thomson, Flannery, Harris, Mack and O'Brien in favor, no one in opposition, Hutchinson in abstention). Thomson made a motion to approve the Site Plan Review subject to compliance with the comment letters from department heads, boards & commissions. Motion seconded by Mack. Motion passes 5 -0 -1 (Thomson, Flannery, Harris, Mack and O'Brien in favor, no one in opposition, Hutchinson in abstention). Board member Harris exited the meeting at 9:10 p.m Regular Meeting Beverly Planning Board October 18, 2011 Page 7 of 7 7. Proposed Revisions to Open Space Residential Design (OSRD) Site Plan Ordinance Zambernardi reviewed the 3 OSRD projects approved thus far in the City of Beverly. She stated that Planning Staff has worked to propose several amendments to the OSRD Ordinance. Zambernardi went over each proposed change and stated that the hope is that the Planning Board reviews and edits the proposed changes as the Board sees fit with the idea of submitting a final draft to the City Council for approval. Dinkin stated that he is uncertain of the exclusion of R22 zoning districts. Thomson agreed with Dinkin adding the uncertainty of eliminating R15 as well. He stated that he wants the rules to work. He stated that he thinks the amendment should be put out and the public can react. Though he is nervous about excluding some of the larger lots in the R15 and R22 Districts. Dinkin stated that the Board would like to get the matter regarding the proposed changes into a public discussion as soon as possible in the upcoming 2012 year. Thomson made a motion to adjourn the meeting at 9:30 p.m. Motion seconded by Flannery. Motion passes 6 -0 -0.