Planning board approves OSRD plan for 184–186 Hart Street with open-space conditions

The Beverly Planning Board on Aug. 19 approved OSRD site plan review and granted subdivision/ANR endorsements for 184 and 186 Hart Street (CS Hart LLC), clearing the way for lot conveyances and building-lot sales subject to a series of conditions. The board also granted several zoning waivers and set requirements for how the parcel’s open space must be conveyed and protected.

The board’s decision followed a continuation of the public hearing and a presentation by the applicant’s attorney, Miranda Samasco, and engineer Robert (Bob) Griffin. Griffin said the outstanding comment from the conservation commission raised no substantive issues and that the application materials were otherwise complete. “The last thing we were waiting for was for ConCom to submit their letter, and there's nothing of substance that came from that letter,” Griffin said in the hearing record.

Why it matters: The decision resolves three linked approvals — findings required for OSRD approval, waivers for work in regulated buffer areas, and the endorsement of a separate A&R (approval-not-required) plan used to record lot lines and easements. The board’s conditions tie future lot conveyances, building permits and certain document filings to verification steps intended to protect buffers, wetlands and stormwater systems.

Key facts and outcome: The board voted unanimously to approve the OSRD site plan, grant specific waivers for limited work in the 25-foot tracked buffer and the 100-foot primary conservation buffer, and to accept the A&R/subdivision plan for recording. Conditions attached to approval include: - Conveyance of the dedicated open-space parcel to a qualifying entity under Section 300-54(h)(2) of the zoning ordinance (examples cited in the decision include Essex County Greenbelt Association); the applicant must obtain necessary planning-board approvals for any qualifying entity or homeowners association prior to conveyance of the first building lot. - Prior to conveyance, city staff must inspect the open space and confirm baseline conditions; the applicant must provide baseline photographs and clearly mark buffer perimeters for the planning department to inspect. - Prior to building permits the applicant must submit draft deed language, HOA documents, and operations and maintenance plans for the common driveway and the stormwater system; the homeowner’s association will be responsible for long-term stormwater maintenance and annual reporting to planning/engineering. - Permanent ground markers: prior to occupancy of any new house on the property the applicant must install permanent ground markers along buffer areas within 100 feet of proposed construction and arrange inspection by city staff (applicant asked to add the word “new” to clarify that an existing house at 186 Hart is not affected). - Parcel B (a non-buildable parcel shown on the OSRD plan) may be conveyed directly and outside the timing limits of other parcels to the abutter at 200 Hart Street.

Board discussion centered on protecting the wetland buffer and ensuring that open-space conveyance remains flexible: attorney Samasco said applicant outreach to conservation organizations has occurred but that groups such as Essex County Greenbelt have not committed to accept property without a formal offer in hand. She proposed language allowing conveyance to any qualifying entity under the ordinance or, if necessary, to a homeowners association “subject to the restrictions and the obligations to permanently maintain the property as open space.” The board adopted that approach.

Stormwater and inspection requirements were emphasized: the board’s conditions require drainage and erosion-control permits, marking and inspection of trees proposed for removal near buffers, and photographic baseline documentation before work begins.

The board also endorsed an ANR/approval-not-required plan for the property and authorized recording of the OSRD plan in the registry of deeds after required revisions and signatures are made.

What’s next: Conditions require follow-up filings (draft deeds, HOA documents, and maintenance agreements) and plan revisions before building permits or lot conveyances move forward. The decision will be recorded with the registry of deeds and city staff will inspect required features before conveyances and occupancy.

Quotes in context: “The applicant shall convey the open space parcel to a qualifying entity under the terms of 300-54(h)(2) of the ordinance,” the board’s written conditions state. Attorney Miranda Samasco told the board, “we really can't agree to a condition that says that it will be conveyed to [Essex County Greenbelt].”

Ending: The board framed its approval to preserve options for long-term protection of the land and to require stepwise verification — inspection, photo baselines and recorded documents — before lots are sold or homes occupied.