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2012-09-11CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Planning Board September 11, 2012 Beverly Senior Center, 90 Colon Street Chairperson Richard Dinkin, Vice Chairperson John Thomson, Ellen Flannery, Charles Harris, Ellen Hutchinson, David Mack, James Matz, Michael O'Brien, John Mullady Assistant Planning Director Leah Zambernardi Leah Zambernardi/Eileen Sacco Chairperson Dinkin called the meeting to order at 7:30 p.m. Dinkin calls for a moment of silence in memory of the victims of the terrorists who died on September 11, eleven years ago today. Dinkin asked for a motion to adjourn to Executive Session for the purpose of discussing pending litigation and the Planning Board will return to open session at 7:45 p.m. Thomson moved to adjourn to Executive Session for the purpose of discussing pending litigation and the Planning Board will return to open session at 7:45 p.m. Flannery seconded the motion. Dinkin calls for a roll call vote. Zambernardi calls the roll as follows: Hutchinson Yes Flannery Yes Dinkin Yes Thomson Yes Harris Yes O'Brien Yes Matz Recused Mack Yes Mullady Yes The motion carried (8 -0). The Planning Board reconvened the regular meeting of the Beverly Planning Board at 7:45 p.m. Regular Meeting Beverly Planning Board September 11, 2012 Page 2 of 15 Subdivision Approval Not Required Plans (SANR's) a. 22 -22 Paine Avenue — Marcia Glassman -Jaffe and Mark Jaffe & Ford and Kathryn O'Neil Zambernardi informed the board that the Planning Board received a letter from the applicant requesting that they be allowed to withdraw the application without prejudice. Thomson made a motion to allow the applicant for the SANR for 20 -22 Paine to withdraw without prejudice. Motion seconded by Flannery. The motion carried (8 -0). b. 232 &234 Essex Street — Walker Realty Trust Joe Peznola of Hancock Environmental addressed the Board and explained that Walker Realty Trust has submitted a SANR plan to divide the property into two (2) lots. He noted the location of the property on the plans and noted that the site houses the Next Generation Day Care Center. He explained that Lot A would include the school building on Essex Street and would have 122,857 s.f of lot area where 15,000 s.f is required and 214 feet of frontage where 125 feet is required. He also explained that Lot B would have 790,770 s.f of lot area and well over 250 feet of frontage. Zambernardi noted that there is a common lot line that goes through the school building. She also explained that reflects the line that was created in 1992 and the Planning Board has that on file. Dinkin asks if this is related to the 40R project. Peznola stated that the owner is doing this for financing reasons for the Day Care Center. Thomson: made a motion to endorse the SANR as submitted. Motion seconded by Flannery. Motion carried 8 -0. C. 47 Grover Street — John L. Hyland and Diane E. Hyland Atty. Thomas Alexander with offices at 1 School Street, Beverly, addressed the Board and explained that the applicant is dividing the property at 47 Grover Street into two (2) lots. He explained that the lots are significantly in excess of the underlying zoning requirement of 100 feet of frontage and 15,000 s.f of land with 40,000 s.f. and 25,793 s.f. respectively. Alexander also noted that Lot A is a wetland band and they have demonstrated access to the lot and have submitted an Order of Conditions from the Beverly Conservation Commission that allows access across the wetlands. 2 Regular Meeting Beverly Planning Board September 11, 2012 Page 3 of 15 Thomson asks if the applicant is replacing the area of wetland access by means of replication elsewhere on the site. Alexander explained the plan. Zambernardi states that she has reviewed the plan and it meets all of the requirements of the Board for an ANR and she has also talked with Amy Maxner the Beverly Conservation Commission agent. Thomson: made a motion to endorse the SANR as submitted. Motion seconded by Flannery. Motion carried 8 -0. Dinkin asks for a motion to recess for Public Hearings at this time. Thomson made a motion to recess for public hearings. Flannery seconded the motion. The motion carries (7 -0). Public Hearing — Special Permit Application #132 -12 — Request for Additional Driveway Access onto Balch Street for New Northwest Parking Deck — Cummings Center — Beverly Commerce Park, LLP Flannery recused herself from participation in this matter. Stephen Drohosky, General Manager of the Cummings Center addressed the Board and explained that they received approval at the last meeting for the construction of an open steel and concrete parking structure with one level above grade, and a solar support structure to be located between the 500 Cummings Center building and Balch Street. Drohosky explained that the proposal originally included a driveway opening from the garage to Balch Street and the driveway was removed from the proposal because there were already 4 openings on Balch Street where only two driveway accesses at a street per lot are allowed. He noted that they are now requesting a fifth driveway opening onto Balch Street, which would be used for right turn only exiting traffic only. Thomson questioned if the Parking and Traffic Commission voted favorably on this. Drohosky explained that the Parking and Traffic Commission reviewed this project in May of 2012 when the driveway was still part of the project and in their comment letter for the project, recommended that the exit should be a right turn only. Zambernardi explained all of the PTC's suggested conditions were incorporated into this plan. She also explained that the Planning Staff updated the Parking and Traffic Commission at its August 14, 2012 meeting and asked them if the fact that the driveway needs a special permit would in any way change their earlier conclusion. She noted that the PTC members decided that their comments would not change and they would not review the proposal a second time. 3 Regular Meeting Beverly Planning Board September 11, 2012 Page 4 of 15 Thomson questions why the PTC recommended a right turn only. Drohosky explained that Mr. Benevento was concerned about traffic crossing to make left turns onto Balch Street. Zambernardi also noted that the letter from the PTC indicated that the proximity of the McKeown School was also a concern. Dinkin asked that letters and comments from other Boards and Commissions be read for the record at this time. Zambernardi read letters and emails from the following: Sgt. Russell Rollins — Beverly Police Department — dated September 6, 2012 Richard Benevento — Parking and Traffic Commission — dated May 24, 2012 Amy Maxner — Conservation Commission Agent — email dated September 6, 2012 Eric Barber — City Engineer — Dated August 24, 2012 William Burke — Director of Board of Health — dated September 4, 2012 William Fiore — Beverly Fire Department — dated August 14, 2012 Zambernardi also noted that the Board has received letters from residents regarding this project as follows: David Burnham — 454 Cabot Street, Beverly Ma. (letter in opposition) Dinkin opens the hearing up for public comment at this time. Ward Three Councilor Jim Latter addresses the Board and states that he has received similar concerns of those expressed by Mr. Burnham in his letter. He stated that he is concerned about feeding a right turn into traffic. He also noted that all of the students at the McKeown School get bus transportation. He stated that he does not understand why we are going to force people who need to take a left turn to take a right turn. Rosemary Maglio of 30 Pleasant Street addresses the Board and stated that she supports the abutters in their concerns about traffic on Cabot and Balch Streets. She also expressed concerns about the Cummings Center gradually adding to their site and taking away landscaping. She stated that they need to consider what the neighbors want. Eleanor Marshall of 43 Balch Street addresses the Board and states that she lives across the street from the garage. She also stated that she does not think that the right turn is going to work noting that the Cummings Center has many exit roads. Drohosky addressed the Board and stated that they are committed to their landscaping plan and they have 100 people who maintain the property. He also noted that they have added many plantings to the site and have just ordered hundreds of mums that will be installed on the site in the next few weeks. Ii Regular Meeting Beverly Planning Board September 11, 2012 Page 5 of 15 Drohosky stated that some landscaping will be eliminated with the construction of the new road. Dinkin asks if there are any members of the Board who have questions. Thomson asks if the Parking and Traffic Commission action is a decision or a recommendation. Zambernardi states that it is a recommendation. She also noted that the input of the Parking and Traffic Commission is not a step that is part of the Special Permit process. Matz questioned if there were two exits on Balch Street already and they are requesting a third. Zambernardi confirmed that this would be the third exit. Matz asked if the two existing exits allow a left turn. Zambernardi stated that left turns are allowed from those exits. Hutchinson questioned what they are trying to accomplish with this egress. Drohosky explained that a majority of the people who work in the Cummings Center work in the 500 building. He explained the site and the locations of the parking in relation to the buildings. Mullady asked if they would consider making the closest opening a right turn only. Drohosky stated that they have not thought about that. He also noted that they were indifferent to the right turn only and stated that they would be fine with a right and left turn at that exit, noting that they were trying to be responsive to the concerns of the Parking and Traffic Commission. Dinkin declares the public hearing closed. Continued Public Hearings — Special Permit Application #131 -12 Site Plan Review Application #108 -12 and Inclusionary Housing Application #04 -12- 130 Cabot Street — Cabot Street Apartments — 130 Cabot Street LLC — c/o The Halloran Companies Dinkin asks for a motion to waiver the reading of the legal notice. Thomson made a motion to waive the reading of the legal notice. Flannery seconded the motion. The motion carried (8 -0). Dinkin addressed those present and reviewed the ground rules for this public hearing. Zambernardi reported that the Planning Board opened this public hearing on June 19, 2012 and it was continued to July 17, 2012 pending review of the Design Review Board and the Parking and Traffic Commission. She explained that the July 17 hearing was continued to this evening. Zambernardi explained that the decision deadline for the project is 65 days from the close of the public hearing for the site plan and 90 days from the close of the public hearing for the special permit. Dinkin asked for the reading of letter and emails from other city departments at this time. Regular Meeting Beverly Planning Board September 11, 2012 Page 6 of 15 Zambernardi read letters and emails into the records as follows: Beverly Design Review Board — Kate Newhall — dated July 12, 2012 Parking and Traffic Commission — Richard Benevento — dated July 12, 2012 City Planner — Tina Cassidy — Memo dated June 18, 2012 Eric Barber — City Engineer — dated July 10, 2012 Dinkin states that it has been brought to his attention that the Planning Board needs to go back into Executive Session at this time to discuss pending litigation and the Planning Board will reconvene at 8:55 p.m. Thomson moved to adjourn to Executive Session for the purpose of discussing pending litigation and the Planning Board will return to open session at 8:55 p.m. Flannery seconded the motion. Dinkin calls for a roll call vote. Zambernardi calls the roll as follows: Flannery Yes Dinkin Yes Thomson Yes Harris Yes O'Brien Yes Matz Recused Mack Yes Mullady Yes Hutchinson Yes The motion carried (8 -0) Dinkin reconvened the public hearings of the Beverly Planning Board at 8:55 p.m. Dinkin informed those present that the Board will continue on with the hearing for 130 Cabot Street. Dinkin asked Zambernardi to continue reading letters of comment from city departments regarding this project. Zambernardi read letters and emails from the following: Lt. William Fiore — Beverly Fire Department — dated May 3, 2012 Sgt. Russ Rollins — Beverly Police Department — dated June 12, 2012 William Burke — Director of Board of Health — dated June 11, 2012 Regular Meeting Beverly Planning Board September 11, 2012 Page 7 of 15 Zambernardi also reported that the Board has received a letter of support for the project from the following: Gin Wallace, Executive Director of Beverly Main Streets Paul Guanci — City Council President and Owner of Beverly Super Sub Zambernardi also stated that since the last meeting a You Tube Video has been posted online by Dana Acciavatti, 4 Elm Street. Dinkin stated that if it cannot be presented here it is not part of the record. Dinkin asks the applicant if they have anything they would like to add at this time. Atty. Alexander stated that he would like to clarify a few things that were mentioned if the letter and emails that have just been read. He stated that there seems to be some confusion about the street trees that they are proposing to plant on Vestry Street. He explained that initially the trees will be 10 -12 feet tall and over time the canopy above will expand at a higher level. He showed photos of existing trees on the street. Alexander also stated that presently Vestry Street has no sidewalks and they are putting a sidewalk in along the building as part of the project, which will be for the benefit of the neighborhood as well. Alexander also explained that concerns about the turning radius on Vestry Street for emergency vehicles etc. will be addressed with the removal of the guard rail which will improve the turning radius. Alexander also noted that the comments that Sgt. Rollins made in his letter dated June 12, 2102 was before the matter was reviewed by the Parking and Traffic Commission and as a member he voted in favor of the recommendation that was submitted to the Board. Alexander noted that historically this site has been a commercial use until it was destroyed by fire. He noted that the Beverly Historical Society has photographs of the area prior to the fire from the 1970's. He noted that at that time two buildings entirely covered both lots. Alexander explained that the proposed lighting for the site will be mounted to the building and noted the locations on the plan. Dinkin asked for comments from the Planning Board at this time. Thomson noted that there are still some submissions that were requested by the City Engineer that have not been received. Alexander suggested that the recommendation could be incorporated into the decision. Thomson noted that this is more than a recommendation, noting that the City Engineer requested additional information. He stated that he is not comfortable 7 Regular Meeting Beverly Planning Board September 11, 2012 Page 8 of 15 closing the public hearing without the receipt of that information. He also suggested that he was going to recommend that the Planning Board hold a site visit. Alexander stated that the surveyor has met with the City Engineer and they have agreed to submit the requested information. Dinkin opened the hearing up for public comment at this time. He asked those present to ask clarifying comments at this time, noting that there will be time later in the meeting for public comment. Rachael Botticelli of 106 Cabot Street addressed the Board and questioned why the applicant was given approval to use public parking. Dinkin explained that zoning allows for the use of additional parking with 500 feet of the site. David Flint, 19 Railroad Avenue asked for a clarification about fencing. Elisabeta Veliaj of 144 Cabot Street addressed the Board and expressed her concern about the moving of utility poles for this project which may affect parking she uses on the street. Alexander stated that the pole she is referring to will not be moved. She questioned the location of the trees on Vestry Street and asked how far the trees would be from the street. Alexander stated that they would be 4 -6 feet from the street and will be on the curb not in the street. She stated that she is also concerned about parking during the winter when there is snow piled on the street. Peter Secondiani of 18 Railroad Avenue addressed the Board and asked if those using the municipal parking spaces will be required to pay the meters. Dinkin stated that residents using the municipal spaces will have to feed the meters the same as everyone else. The resident noted that the lot is full in the winter when there is a parking ban. Dana Acciavatti of 4 Elm Street addressed the Board and asked if the petition that was submitted by the applicant that was signed by people from Salem and other communities, and the closest person to the site being located a mile away is significant to the Board. Dinkin stated that the proximity of the signers will be taken into consideration by the Board. Danielle Gunn of 15 Railroad Avenue addressed the Board and expressed her concern about the HVAC units and the noise they will generate. The project architect explained the location of the HVAC units and noted that they will be small units 24 inches. Dinkin asked if they have any information regarding the noise level of the units on a hot summer night in the middle of August. The project architect stated that they will provide that information to the Board. A resident of 26 Perkins Street, Amesbury, MA., the owner of the Lucky Dog on Cabot Street asked if those who use the parking lot will be subject to the same rules and regulations as everyone else. Dinkin stated that those who use the lot will have to follow all of the rules. 3 Regular Meeting Beverly Planning Board September 11, 2012 Page 9 of 15 Elisabeta Veliaj of 144 Cabot Street addressed the Board again and expressed concern about the number of parking spaces being provided for the site. She stated that the law requires them to have 1 '/2 spaces per unit. Alexander reviewed the parking requirements under the ordinance and explained that they are providing 13 spaces onsite and one handicapped space on Vestry Street. He explained that the remainder of the required parking is accounted for in the use of the municipal lot that is allowed in the zoning provision. Thomas Walsh of 25 Vestry Street addressed the Board and noted that in Sgt. Rollins and Eric Barbers comments regarding the project, they were concerned about insufficient parking. Alexander explained that he does not think that either of them were aware of the zoning provision that allows the use of municipal parking spaces. Dana Acciavatti, 4 Elm Street addressed the Board and questioned if there would be assigned parking in the lot for the tenants. Alexander explained that the 13 spaces on the site would be assigned. He also noted that a recent parking study done by the Planning Department on recent developments downtown found that the tenants are using less than one parking space per unit. Thomson questioned why this is being done as a special permit. Alexander explained that the handicapped parking space provided on Vestry Street may be accomplished by way of a Special Permit. Peter Gunn of 18 Railroad Avenue addressed the Board and asked how they are going to dampen the noise from the air conditioners with a fence. The project architect and explained that the fence is a visual screen and they will be installing sound barrier as well. Dianne Belisle, 4 Elm Street addresses the Board and asked who is going to pick and choose who gets the handicapped parking space should there be more than one person who needs it. Alexander explained that ADA code requires one parking space. He also noted that there will be 13 spaces in the back of the building. Mack questions if it is within the purview of the Planning Board to consider whether the applicant is compliant with parking. Dinkin explains that with regards to a Special Permit the Planning Board has a relatively broad authority to condition —and they do not have to say that the applicant is compliant with parking but they are required to take into consideration the impact it will have on the abutters to the property. Dale Acciavatti, 4 Elm Street addressed the Board and stated that he feels that Beverly Main Street submitted their letter of support before they reviewed it. He also stated that he feels that there is a conflict of interest for Atty. Alexander and Main Streets. Dinkin stated that Beverly Main Streets is a private organization that does not approve projects for the City of Beverly. Rosemary Maglio of 30 Pleasant Street addressed the Board and stated that she does not think that the ordinance regarding parking specifies that municipal parking can be used. She stated that her recollection of the ordinance is that it says that a parking lot can be used and questioned E Regular Meeting Beverly Planning Board September 11, 2012 Page 10 of 15 the use of a municipal parking area to provide parking for a private development. Dinkin stated that is right. Danielle Gunn, 15 Railroad Avenue asked that trash be required to be stored in the building. Rachael Botticelli of Cabot Street addressed the Board again and noted that there are concerns about parking at Siam Delight as well and asked who would address those concerns. Dinkin stated that those issues are not relative to this project. Flannery asked Alexander where the handicapped parking space is located. Alexander explained the location on Vestry Street and noted the area on the plan. He noted that the space is van accessible and is within the setback area designated and is the required five feet from the property line. Dianne Belisle, 4 Elm Street addresses the Board and states that a handicapped van takes up extra room. Dinkin stated that there is a certain amount of room that is required for a van and the space could be handicapped accessible but not van accessible. Jim McDowell of Eastern Land Survey addresses the Board and explains that the requirements for handicapped spaces require 13 feet for a handicapped space and 16 feet for van access. He noted that they have 16 plus feet and the space is van accessible. Peter Gunn asked about parking spaces for commercial use. Dinkin addresses those present and explains that the portion of this that has real teeth is the Special Permit, noting that the inclusionary housing is a formula and Site Plan Review is review of the design and the landscaping, etc. He states that he is not sure if the number of parking spaces they provide is one space per unit, noting that they may be required to have more than one space per unit. Dinkin asks if there is anyone present who wishes to comment in favor of this project. David Flint, owner of 19 and 43 Railroad Avenue addressed the Board and stated that after the last meeting he looked at the site and met with city planning officials and he stated that he feels that this project is a good use of this lot. Danielle Gunn, 15 Railroad Avenue addressed the Board and stated that she and her husband are accepting of the project noting that the applicant has every right to develop his property. Robert Nelson of 12 Davis Street addressed the Board and stated that he is the owner of 24 Vestry Street and he stands by the owners right to build on his property. He also noted that he feels that the developer should listen to the neighbors regarding their concerns. 10 Regular Meeting Beverly Planning Board September 11, 2012 Page 11 of 15 David Flanagan of 18 Railroad Avenue addressed the Board and stated that he is not a direct abutter but he watches the turnover every years of college students in apartments in the area and he thinks that this will be a quality project for the neighborhood. Dinkin asks if there is anyone present who wishes to comment in opposition to the project. He stated that people will have two minutes each to make their comments. Dana Acciavatti, 4 Elm Street addresses the Board and notes that he has a presentation that he would like to make and he would like more time to do that. Mr. Dinkin asks those present who indicated that they would like to speak would like to relinquish their time to Mr. Acciavatti. Dinkin gives Mr. Acciavatti the floor at this time. Acciavatti submitted a petition signed by 200 people. He noted that Sgt. Rollins raised concerns about that parking for the site in his comment letter to the Board. He also stated that he has monitored the municipal parking lot they proposed to use to provide parking for the site and on the dates of September 7, and 8 the lot was full at various times of the day. He notes that they do not have assigned parking and wonders where people will park if they are unable to find a space in the lot, in a neighborhood that already has parking problems. Acciavatti also expressed concern about snow removal noting that plowing in the area is difficult as it is. He also questioned where children are going to play noting that there is no yard space. Acciavatti stated that he feels that the project will ruin the existing businesses in the area, noting that Sam's Cleaners has submitted a letter of opposition to the project. He stated that he is tired of the unbridled construction and development in Beverly that has no regard for the people. Acciavatti stated that he feels that there is a big conflict of interest with Beverly Main Streets and Mr. Alexander noting that he is a major sponsor of Main Streets. Acciavatti referred to the Beverly Master Plan which states that a project should not disturb a neighborhood. He also noted that in a list of items that contribute to a business failing is a lack of parking and he feels that this project should have its own parking. Elisabeta Veliaj of 144 Cabot Street addressed the Board and expressed concerns about snow removal, noting that in the winter residents are not allowed to park on the street. Rosemary Maglio addressed the Board and expressed her concern about the large footprint of the project and the impact on the neighborhood. She noted increased traffic and a decrease in safety and she does not agree with Alexander regarding the amount of parking they are providing. She stated that she has written a letter and has photos of the area. Dinkin asks Maglio if she would like to submit her information for the record. Dinkin states that he would like to recess the public hearing to a date certain at this time. 11 Regular Meeting Beverly Planning Board September 11, 2012 Page 12 of 15 Thomson made a motion to continue the public hearing to October 16, 2012 at 8:00 p.m., in the City Council Chambers at Beverly City Hall. Mack seconded the motion. The motion carried (8 -0) Thomson made a motion for the Planning Board to hold a site visit to 130 Cabot Street on Saturday, October 6, 2012 at 9:00 a.m. The Board discussed possible dates for a site visit. After several suggestions, members could not come to an agreement on a date and time, and it was agreed that members would visit the site individually if they so choose. Thomson withdrew his motion regarding the site visit. Dinkin reconvened the regular meeting at this time. Request for Minor Modifications to Site Plan Review Application #105 -11 and Special Permit #129 -11 — 48 Dodge Street — Walgreens — Westward Apple Orchards Limited Partnership Atty. Thomas Alexander of 1 School Street Beverly, MA. addressed the Board and explained that they are requesting a modification to condition #5 of the approval issued by the Board regarding the hours of operation for Walgreens. He explained that the condition calls for the hours of operation to be 8:00 a.m. — 10:00 p.m. for the first two years and after that if they so choose they can come back to request hours of operation for 24 hours per day. He stated that they have a letter of support from the abutters. He also explained that the other matter that they want to modify is an adjustment to the Conant Street entrance so as to allow for an existing utility pole at the request of National Grid. Dinkin stated that it is his view that this request to modify condition #5 is not a minor change and will require an additional public hearing on the matter. He questioned if the letter from the abutters Alexander mentions is signed by all of the abutters. Alexander states that it is signed by two people. Thomson states that he agrees that this is a major change noting that if the neighbors are content with a 24 hour store he would be fine with that but he wants to hear it from them. Jeff Rhuda stated that the delay would put construction off until the spring and we could lose Walgreens. Thomson made a motion to deny the request on the grounds that the change in the hours of operation is not a minor modification. Flannery seconded the motion. The motion carried (7 -0). Alexander requested that he Board set the public hearing for the next Planning Board meeting. 12 Regular Meeting Beverly Planning Board September 11, 2012 Page 13 of 15 Mack made a motion to set the date for the public hearing on the Minor Modifications to Site Plan Review Application #105 -11 and Special Permit #129 -11 — 48 Dodge Street for Tuesday, October 16, 2012 at 7:30 p.m. Thomson seconded the motion. The motion carried (7 -0). It was noted that the request to relocate the Conant Street driveway would be considered at that time as well. Continued Discussion/Decision - Special Permit Application #132 -12 — Request for Additional Driveway Access onto Balch Street for New Northwest Parking Deck — Cummings Center — Beverly Commerce Park, LLP Flannery recuses herself from the discussion. Hutchinson expressed concern about the proposed right turn only on McKay Street noting that she thinks that it was suggested with the best of intentions but she would prefer that all of the driveways be the same. Thomson states that he understands the concern noting that there is a lot of traffic at key times in the area. He also noted that the Parking and Traffic Commission was concerned about the school in the neighborhood. Dinkin suggested that if the Planning Board requests that it be two way it would have to go back to the Parking and Traffic Commission. Thomson stated that the other option that the Board has is to deny the request. Hutchinson noted that the deck was originally proposed with this option but it was removed from the plan. Thomson made a motion to grant the special permit for the driveway access as depicted on the plan. Mack seconded the motion. The motion FAILED 3 -4 -1 with (Thomson, Mack & O'Brien in favor)(Harris, Hutchinson, Matz and Mullady opposed)(Flannery in absention) Continued Discussion/Decision — Deem Definitive Subdivision Plan a Substitute Yield Plan Under the OSRD Filing — 875 Hale Street — MontRosemary Park, LLC Dinkin noted that the Planning Board has held Executive Sessions this evening regarding this matter and the follow two issues and the Board is ready to take action on these matters at this time. Thomson addressed those present and noted that the yield plan has been amended due to the deficiency in the road that was pointed out during the appeal. 13 Regular Meeting Beverly Planning Board September 11, 2012 Page 14 of 15 Thomson made a motion to approve the Yield Plan for the property known as 875 Hale Street as shown on the Definitive Subdivision Plans prepared and stamped by Hayes Engineering, dated May 2010 and revised through June 7, 2012 consisting of 7 sheets, provided that the applicant present evidence prior to the release of the plan that it had obtained variances and waivers prior to the acceptance of the Yield Plan (September 11, 2012). Harris seconded the motion. The motion carried 6 -0 -2 (Thomson, Flannery, Harris, Hutchinson, Mack and O'Brien in favor)(no one in apposition)(Matz and Mullady in abstention) Continued Discussion/Decision — Request for 2nd Modification to 875 Hale Street Definitive Subdivision Plan Thomson made a motion to approve the modification of the Definitive Plan for the property known as 875 Hale Street as shown on Definitive Subdivision Plans prepared and stamped by Hayes Engineering, dated May 2010 and revised through June 7, 2012 consisting of 7 sheets. The motion included granting the following requested waivers of the Board's Rules and Regulations Governing the Subdivision of Land, all of which had been previously requested and granted. 1) Section III.C.2.d. which requires existing trees 6 inches in caliper measured 4 feet above the ground to be shown and, in place thereof, allow only existing trees shown on the plan. 2) Section III.C.2.m. which requires street address numbers for each lot and, in place thereof, allow no street address numbers until assigned. 3) Section III.C.2.u. which requires location of streetlights and, in place thereof, allow no streetlights. 4) Section III.C.2.u. which requires location of fire alarm systems and, in place thereof, allow no fire alarm systems. 5) Typical Road Cross - section which requires 3 feet minimum cover over drains and, in place thereof, allow a minimum of 1.4 feet cover. Further, this approval is made subject to compliance with the following conditions: 1) That a permanent deed restriction establishing that Road A shall not serve as legal frontage for or actual access to Lot 6 be provided to the Planning Board. 2) That the statement, "The land shown on this plan is subject to Section 29 -24.B: `Open Space Residential Design (OSRD) Site Plan Ordinance' of the Beverly Zoning Ordinance, with the benefit of any waivers lawfully to be granted thereunder" shall be recorded on the plan and incorporated as a condition of this approval; 3) That the statement, "This approval is subject to the provisions of the decision on OSRD Site Plan Application #2 -10 for 875 & 875 -1/2 Hale Street, dated June 29, 2011 and filed with the City Clerk on June 29, 2011" shall be recorded on the plan and incorporated as a condition of this approval; and 4) That this approval is subject to the applicant's adherence with conditions contained in Public Health Director William T. Burke's October 8, 2010 letter and Beverly Fire Prevention's Lieutenant William Fiore's July 2, 2012 letter. 14 Regular Meeting Beverly Planning Board September 11, 2012 Page 15 of 15 Hutchinson seconded the motion and it carried 6 -0 -2 (Thomson, Flannery, Harris, Hutchinson, Mack and O'Brien in favor)(no one in opposition)(Matz and Mullady in abstention). Continued Discussion/Decision — Petition for the Rescission of the Planning Board's Approvals of the OSRD Plan dated June 29, 2011 and the Definitive Subdivision Plan dated July 27, 2011 for 875 and 875 V2 Hale Street — D. Pasquarello, BDI, WT & G, PC Petition for Rescission of Approval of OSRD Plan dated June 29, 2011 Thomson made a motion to deny the Petition for Rescission of the approval of the OSRD plan dated June 29, 2011 for 875 Hale Street, on the grounds that the OSRD plan has been modified and waivers have been granted by virtue of the Board's earlier approval tonight. Mack seconded the motion and it carried 6 -0 -2 (Thomson, Flannery, Harris, Hutchinson, Mack and O'Brien in favor)(no one in opposition)(Matz and Mullady in abstention). Petition for Rescission of Approval of Definitive Subdivision Plan dated July 27, 2011. Thomson made a motion to deny the Petition for Rescission of the approval of the Definitive Subdivision Plan for 875 Hale Street approved by the Planning Board on July 27, 2011, on the grounds that the Definitive plan has been adequately modified and waivers have been granted by virtue of the earlier approval tonight. Mack seconded the motion and it carried 6 -0 -2 (Thomson, Flannery, Harris, Hutchinson, Mack and O'Brien in favor)(no one in opposition)(Matz and Mullady in abstention). New or Other Business Zambernardi informed the Board that a request has been made by the Beverly Citizens promoting the CPA on the November ballot for a letter of support from the Planning Board. Thomson stated that he felt that the letter of support is appropriate. Thomson moved that the Planning Board send a letter in support of this initiative. Flannery seconded the motion. The motion carried 7 -0 with Hutchinson voting in opposition. Dinkin asked that staff draft a letter for his signature and noted that he wants to put a "wet signature" on the letter. Adjournment Thomson made a motion to adjourn the meeting at 11:00 p.m.. Motion seconded by Hutchinson. Motion carried 8 -0. 15