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1998-06-16Chairperson Ellen K. Flannery Richard Dinkin z~~ Salvatore Modugno Vice Chairman Robert Rink William Delaney Barry Sullivan Planning Director Peter M. Thomas Tina P. Cassidy Minutes John Thomson Beverly Planning Board June 16, 1998 Meeting Beverly High School Auditorium Members present: Chairperson Richard Dinkin, Vice-Chairman Bill Delaney, Barry Sullivan, Salvatore Modugno, Ellen Flannery, Joanne Dunn, John Thomson, Peter Thomas and Robert Rink; also present: Planning Director Tina Cassidy, Director of Engineering Frank Killilea, Jr., and Susan Akerman, Secretary to the Board. Chairperson Dinkin calls the meeting to order at 7:30 p.m. Thomas: Motion to recess for public hearings, seconded by Thomson. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion aarries. Public Hearinae · Site Plan Review application #38-98: McDonald's restaurant 224 Elliott Street / MCDOnald's Corporation Cassidy reads legal notice. Attorney Thomas Alexander addresses the Board on behalf of McDonald's restaurant and states that McDonald's restaurant is seeking to locate a restaurant at 224 Elliott Street, which is also the site of a Stop & Shop Supermarket. Alexander states that McDonald's has a long history with the City of Beverly, that the restaurant by the bridge was one of the first to be opened in Massachusetts. Alexander states that McDonald's intent is to replace that store to service the downtown area, Ryal Side, Goat Hill and the Cove areas. Alexander states that the restaurant will be located on the Stop & Shop site, that the area is zoned CG (Commercial/General), and that the footprint is :~ller than that which was shown on the original plan as a result the rezoning process several years ago. Alexander explains that there will be 60 seats in the restaurant, 61 parking spaces on site with several handicapped spaces. Alexander explains that the style of the building will be similar City Hall 191 Cabot Street Beverly, Massachusetts 01915 (978) 921-6000 Fax (978) 922-0285 Beverly Planning Board June 16, 1998 Meeting Page Two to the Stop & Shop structure (New England style clap board), that there is a fence that abuts the public park, that it will share the same curb cut as Stop & Shop, that they will not be creating a new entrance on Elliott Street and that the rock out-cropping on the site will be preserved. Alexander states that McDonald's is well known for litter control on site, that there will be a couple of daily-basis clean-ups, and explains that they are proposing to add trees along the fence and in front for screening purposes. Alexander notes that this McDonald's will generate 50-55 full/part- time positions, primarily for Beverly residents. Alexander explains the process that they have gone through, and noted that they met with the Design Review Board which approved the site plan with a number of conditions, that they met with the Parking & Traffic Commission and received approval for the project and states that all zoning requirements have been met. Cassidy reads the following letters: - Letter from the Board of Health dated 6/16/98. (On File) - Letter from the Engineering Department dated 6/16/98. (On File) - Letter from the Fire Department dated 6/16/98. (On File) - Letter from the Design Review Board dated 6/8/98. (On File) - Letter from the Police Department dated 6/10/98. (On File) - Letter from the City Parking a Traffic Commission dated 6/9/98. (On File) - Letter from a resident of 14 Longmeadow Rd. and owner of Bridge Street Auto Repair, Beverly. (On File) - Letter from Beverly resident Margaret Toomey dated 6/12/98. (On File) - Letter from resident Mr. Burke, Sr., Rantoul Street, Beverly dated 6/98. (On File) - Letter from resident Mary Whirmore, Beverly. (On File) - Letter from resident Gregory Provardi. (On File) ~ Beverly Planning Board aune 16, 1998 Meeting Page Three Dinkin asks if any member of the Board has questions. Sullivan asks if there will be any playground equipment on site. Alexander states not at this time, that they plan to keep the landscaping as is, but noted that if they did change the plan then it would result in another site plan review. Sullivan asks if this McDonald's will be owner-operated or a franchise. Alexander states a franchise. Delaney asks if someone could comment further on the topics of signage, lighting scheme and drainage. Chris Nardone, a representative of Stop & Shop addresses the Board and explains that with the site now having a smaller building area, the roof drainage will be substantially less than originally approved by the Planning Board, that under the original site plan the roof area was calculated with the capacity of the existing Stop & Shop area and included filtration, so we will add any additional infiltration if needed. (ie: oil & grease traps, etc.) Lighting will be directed downward on the site and heads equipped with hoods to nsure this. Delaney asks where the water will be going and where the catch basins are located on-site. Mr. Nardone explains and indicates on the plan that there are three catch basins on site, two existing and approved under the original site plan, the other one needs to be installed and will tie into one of the other catch basins that flows out to the City's drainage system on Elliott Street. Delaney questions what the applicants are referring to as a previously approved site plan. Cassidy explains that the original site plan was the Stop & Shop, and in conjunction with that a 9,600 square foot building was shown on the plan. Approval of the original site plan was conditioned on the applicant's submitting a new site plan to the Board when they found a specific tenant. Delaney asks Frank Killilea if he could review the drainage calculations of the previously-approved plan. Killilea states that he will. Thomas asks if the applicant plans to submit as-built plans to the City Engineer as he requested in his letter read earlier. Mr. Nardone states yes. Dave Pagel addresses the Board with respect to the lighting scheme and signage, distributes a lighting scheme/plan to the members, and states that McDonald's designs all their lighting systems to have a shoe box fixture with a shut-off device directed forward toward the McDonald's building, and that it will be nO lighter/brighter than Stop & Shop's lighting currently is. Beverly Planning Board June 16, 1998 Meeting Page Four Rink asks what type of material is used for the lighting poles. Page1 states metal. Delaney asks where the major signs will be located. Pagel indicates on the plan where all the signs will be and what type of signs they will be, and noted that they are all generally small. Delaney asks if there will be any illuminated signs. Page1 states that some are and some aren't. Thomson asks if this will complete all the development of the entire Stop & Shop site. Attorney Alexander states that any additional development will result in further site review, but that he can't speak for Stop & Shop. Thomson notes that. Thomson asks if this is the entire parcel set aside previously for retail development. Alexander states yes, it will cover the entire site that was devoted for retail. Modugno asks what the hours of operation will be. Alexander states that from Sunday to Thursday the hours will be 6:00 a.m. to 11:00 p.m.; on Friday & Saturday the hours will be 6:00 a.m. to 12:00 midnight. Delaney asks if the recommendations from the Design Review Board have been incorporated into the plan. Pagel states that the recommendations will be incorporated into the plan. Dinkin asks if there are any questions from members of the public. JoanMurphy of 36 Longmeadow Road questions the fence, and asks if there are going to be any gates or openings in the fence by the park for outdoor eating. Alexander states that there are no gates or openings proposed, there will be no access to the park area from this development directly. Instead, park-goers will use the two existing park entrances off Elliott Street and from the existing parking lot. Peter Dragonis of 23 Appleton Avenue asks what the forum is for opposition, and states that he is concerned with the environmental impact, sound, colors of advertising and bird ecology (seagulls); then states that he is disturbed that McDonald's, which once failed in the City of Beverly is coming in again and trying, that he feels that they need to find a more suitable design for this establishment, something more decorative and environmentally better, that supports Beverly, Massachusetts as being one of the earliest communities in Massachusetts, that the Board should really consider what we are doing to our City, how people perceive us, and Beverly Planning Board June 16, 1998 Meeting Page Five that we need to make our City prettier and that there are plenty of food establishments in Beverly. Dinkin explains that when a proposed use is a use by right, the owner of that property has a right to request a permit to operate that use, that the issue before the Board deals with the particular structure and site amenities, rather than the use itself. Essentially there is no forum to oppose a fast food restaurant in this zone, since it is allowed by right under zoning. RoseMary Maglio of Pleasant Street states that there are already two existing commercial uses to the site, Stop & Shop and BankBoston, she questions why they need 61 parking spaces when all that is required is 27 spaces, and notes that according to McDonald's research 50% of the business will be drive through, so why are 61 parking spaces needed. She then explains that there is a pool of water in this area with the grade going down toward the river, that she is concerned with the water flowing toward the Bass River, and asks if the Conservation Commission had anything to say about this issue. Maglio also states that she is concerned with signage, concerned that the plan shows a picnic table and states that this is sort of deceptive, that she is concerned with the landscaping plan, where are the planrings going to be, on what side of the fence; she questions the height of the tallest letter on the proposed signs, and explains that the windows in the front of the building have 66 panes of glass, 30% of those 66 panes of glass would be allowed to have signs in them, and states that she would like to see less, that 7' of glass with 30% of that glass being signs, is a lot of additional signage. She also states that she is concerned with the dumpster in back. Alexander states that the issue of the Conservation Commission is not an issue, that the applicant received an Order of Conditions for this site, for the Stop & Shop which included a retail 9,600 square foot footprint. However, one condition was if a change was made the applicant was to notify the Conservation Commission and that Board will determine if any adjustments must be made to the conditions. Alexander notes that they wrote to the Conservation Commission, but that there has been no response back yet from that Board. Alexander explains that internally Stop & Shop does its own analysis with respect to parking spaces and states that the company feels that 61 spaces are required for a building of this size; that signage has all been reviewed by the Design Review Board, that the applicant is in compliance, and will comply with any requirements of the Building Inspector and the Zoning Ordinance. Beverly Planning Board June 16, 1998 Meeting Page Six Dinkin states that this site abuts an environmentally sensitive wetland area. Alexander explains that the Conservation Commission approved an Order of Conditions, and states that there will be no greater impact to the wetlands than previously approved for, since the footprint of the proposed establishment is significantly smaller than the one originally approved. Dinkin places the public hearing for McDonald's in recess until the call of the chair. · Public Hearing: Estates at Prides Crossing Definitive SubdiviSion Plan / James X. MUllen, Toll BrOthers Cassidy reads the legal notice. Dinkin places the public hearing for the Estates at Prides Crossing in recess and returns the Board back to the McDonald's site plan review public hearing, and asks if there are any additional clarifying question from the public. Mary Rodrick of Peabody Avenue states that she is concerned with safety, that there is a major problem with the traffic conditions on Route 62 and when the trains go through and that more traffic at that intersection will create more problems. Alexander states that the traffic at this location was extensively studied on several occasions, that the site was originally going to contain a larger structure, and that they contemplated a use like this. He noted that there will be no additional curb cuts proposed, and that according to McDonald's research, it is indicated that a large portion of business generated is drive by business, people are likely to use a McDonald's like this before or after shopping, and states that the roadway can more than adequately handle the extra volume, and that the Parking & Traffic Commission approved this plan. Killilea explains that the traffic signals now operate independently, but with the reconstruction of Route 62 traffic controls will communicate with each other, so that there will be a better flow of traffic in this area. Rodrick asks if these traffic controls will be installed before the McDonald's restaurant is put in. Killilea states no, that the City has to get the sensors into the ground first. Mary Norman of Washington Street states that she misses the McDonald's at the bridge, that she is looking forward to a new McDonald's, and states that she uses Route 62 daily as well as the new businesses at Cummings Center and the new Stop & Shop, .that she looks at this as a more positive aspect, and notes that McDonald's is a good community company, that she is in support of this plan. Beverly Planning Board June 16, 1998 Meeting Page Seven Joan Murphy asks if the signals will be tied in with the train system. Killilea states yes, that the City is working with the MBTA and Amtrak with respect to signalization. Dinkin asks if there is any one in support of this plan. Mary Geary of 155 Bridge Street states that she has been living in Beverly for 40 years and that she is thoroughly in favor of a new McDonald's, and notes that she shops at the new Stop & Shop so she sees this as a 2 for 1 deal. Dinkin asks if there is any one who would like to speak in opposition to this plan. Mr. Dunklebarger of 2 Leather Lane states that this proposal should never have been requested, that a proper traffic study should be done in the City of Beverly, and comments that people are going to other businesses at Cummings Center, that this new development was not intended to turn into a competing use with downtownbusinesses, that all merchants on Cabot Street/Rantoul Street have been paying taxes for years, and are now competing with non-conforming uses in the area that is supposed to be industrial, that citizens lost the battle to keep the area industrial, and settled for a couple of hundred entry level jobs, and a pittance of tax revenue. Dunklebarger states don't change the use, and don't continue the trend. Dunklebarger further states that the number of parking spaces canbe reduced from 61 to 27, and asks why pave the area by river if you don't necessarily have to. Mary Rodrick states that she counted 20 Stop & Shop bags in the bushes in the park, that people will go to the park, sit and eat their food, and asks if McDonald's would be willing to help with the up-keep of the park. Renee Mary of 274 Hale Street asks if there could be a provision that McDonald's help clean-up the park. Alexander states that McDonald's would welcome a provision that the firm will clean the park twice a day. Rose Mary Maglio asks on what side of the stockade fence are the trees. Alexander states that the trees are on the park side of the fence. Phillip Samson of 4 Oak Street states that there are plenty of unhealthy fast-food restaurants, that he would not like to see another fast-food restaurant in the area. Beverly Planning Board June 16, 1998 Meeting Page Eight Dinkin declares the public hearing in recess to the call of the Chair and recesses the Board for 10 minutes. Dinkin calls the Planning Board back into session. Sullivan: Motion to continue the public hearing for Site Plan Review Application #38-98: Construction of a McDonald's restaurant at 224 Elliott Street to the Board's next meeting scheduled for July 14, 1998, seconded by Delaney. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries. Sullivan: Motion to recess for public hearing, seconded by Flannery. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries. s Public Hearing: Estates at Prides Crossing Definitive Subdivision Plan / James X, Mullen, TOll BrOthers Dinkin calls the public hearing on this application back into session from its earlier recess, and asks the developer to address the Board. Attorney Thomas Alexander addresses the Board on behalf of Toll Brothers and presents a 58-1ot definitive subdivision plan called the Estates at Prides Crossing and notes that the property is zoned R45. Alexander reviews the history of the property, the process the applicant has gone through for the past six months and states that this plan is substantially the same as the preliminary plan that was previously approved by the Board. Alexander states that an Environmental Impact Report will be done on the site, that the drainage systems are in and that they are in compliance with the Storm Water Management Act, and notes that there will not be an increase of water run-off due to this project. He states that David Veigh will go over the traffic analysis and that Peter Ogren, the Project Engineer, is also here tonight. David Veigh addresses the Board and explains that he prepared a preliminary traffic report early in February, that traffic counts were done in November, and states that the areas studied were the intersections of Haskell Street and Webster Avenue; Paine Avenue and Hale Street; Thissel Street and Hale Street; Common Lane and Greenwood Avenue; and Common Lane. Veigh states that the numbers are significant, that according to MEPA process there will be 270 less trips than the standard threshold. Veigh states that an EIR has been prepared for the Beverly Planning Board June 16, 1998 Meeting Page Nine project, that Mass Highway sees no need for further review of this project, and states that the neighbors concerns go beyond what the State requires. Veigh explains that they studied the traffic during the peak hours of traffic and notes that there is a volume of 60-62 vehicles per hour, that they looked at each intersection, and states that the subdivision will not cause a significant delay in the flow of traffic, that the capacity will have no impact on surrounding neighborhoods. Peter Ogren of Hayes Engineering addresses the Board and reviews the site, and states that the entire site is 88.7 acres, that there will be 58 building lots, that there is 45,000 square feet of land area for each lot in an R45 zone, noting that they are aware of the zone line, and that they propose to construct 75,000 linear feet of paving. Ogren reviews the streets and the traffic patterns, and states that they propose to provide municipal sewerage, that the boosters for two houses are to remain, that the sewer is proposed to connect to the existing systems in two locations, the first will be a gravity sewer system; the second will have 37 units going to Hale Street, and states that there will be a pumping station at the southerly section of the property connected by a force main. Ogren states that drainage was a concern, that they made some preliminary findings, and that they also filed a mitigation report. Ogren states that they previously submitted a watershed map, then indicates on the map where the central watersheds are located, and explains that most development will happen in that area, then reviews a number of other watersheds. Ogren then discusses the topography, stating that there are significant wetland systems in this area, that most of the wetlands are on the easterly half of property, that there will not be as much density in that area, and that the basic design is to limit development in those watersheds, and to employ mitigation measures. Ogren states that they mostly need to control water run-off, and that they are subject to storm water management regulations. Ogren states that there will be a reduction in run-off volumes to all watersheds, that they have provided the necessary run-off mitigation in order to meet storm water management standards. Ogren reviews the location of the vernal pools on the map, and states that their storm water management plan does anticipate added drainage to the pools, and that the additional volume has been taken into account as part of the design of the site. Mr. Ogren states that there are a number of waivers being requested for this project: ~ - a waiver of 150' minimum tangent lengths between reverse curves; Beverly Planning Board June 16, 1998 Meeting Page Ten - a waiver of the minimum pavement width from 32t to 28t; - a waiver of maximum roadway grade of 6% to 9.5%; - a waiver of the curbing requirement to permit the installation of sloped faced granite curbing, rather than straight-faced granite curbing; - a waiver of maximum roadway embankment; - a waiver of maximum ledge cuts of l0t vertical to horizontal~ - a waiver of maximum spacing for distance between catch basins; - a waiver to amend the amount of cover on sewer from 6~ to 4' as well as the depth of the covers; and - a waiver of a 3t cover to 2' cover on any reinforced piping. Ogren lastly states that they are working with DEP to review wetlands/resource areas, and that they are going to begin dealing with all aspects of environmental impacts. Kyle Corkum of Toll Brothers Development addresses the Board and states that Toll Brothers is widely recognized for its excellence in home building, that they have 32 years of experience, that the project will be done by local trades people, that the size and stature of the homes proposed are appropriate for the Prides Crossing area, and that Toll Brothers is committed to this project until it is complete. Corkum states that he is aware of the opposition to this project and states that Toll Brothers will demonstrate good neighborhood values, and notes that Toll Brothers has met with people in the neighborhood who have concerns and states that they will continue to be there to address any questions/concerns. Corkumfurther explains that they will be maintaining the entrance and beautifying it, explains that they made the lots larger than originally proposed and will create open space in environmentally sensitive areas, that they will pay attention to the drainage which is an area of concern, and that they are working to help the potential drainage problem to Chubbs Brook. Corkum states that Toll Brothers intends to offer solutions to the existing drainage situation, and that this development will not create ~urther problems. Beverly Planning Board June 16, 1998 Meeting Page Eleven Alexander addresses the Board and states that the developer's presentation is over and that they will answer any questions from the public and the Board. Dinkin asks if there is any one from the public with questions or comments. Stella-Mae Stevens of 840 Hale Street states that she lives a half mile from the proposed site, that she is a concerned citizen and a member of Groundswell, a citizen group which was created after a walk around the site with the Conservation Commission. Seamons states that she is concerned with what might happen to this area, and then passes out the organization's mission statement to the members and reads into the record. (On File) A resident of Hale Street questions the number of houses proposed and states that Toll Brothers' answer to this question is that it is only economically feasible for them to build a 58-1ot subdivision, he then asks Toll Brothers to explain to the public how they could not make a project of less than 58 lots feasible. Kyle Corkum declines to answer this question. Joan Johnson of 677 Hale Street states that she lives a half mile from the proposed project, then reads a prepared statement. (See File). Joann Truslow of 47 Thissel Street states that the run-off water that comes down Greenwood is a mess, that it is constantly flooded at the end of Common Lane, that her driveway becomes an ice dam, that she has trouble not believing that the water flowing down Greenwood Avenue is out of control, that the run-off can't be helpful to anyone, that the area becomes an island from time to time from drainage run-off, that she gets water in the basement, that they get at least one foot of water during a storm, and that the traffic from Common Lane has increased significantly, and that the all mighty buck balance doesn't always work. Tom Nolan of 8 Farms Lane states that he has lived in Beverly for 60 years, that he hunted up in this area as a young person and that the road got wiped out by water even back then. Jane Brusca of 11 Greenwood Avenue displays a map, reviews several issues of concern including the fact that there will be blasting, that alterations of the topography will be needed to construct the proposed roads, that the building lot elevations will have to be altered (goes over maximum cut and fill of area), that a number of trees will have to be cut down, and that Groundswell is no.t Beverly Planning Board June 16, 1998 Meeting Page Twelve necessarily against development, but alter so that not as much alternation has to be done to the area. Brusca submits her presentation to the Board to be part of the record. (On File) Judith Moss of 7 Goodwin Road states that she has lived in this area for 37 years, that she has experienced seven 100 year storms and that four of them were before the development of Greenwood Avenue, that the project of Stone Ridge added to the problem, and that the last two 100 year storms she watched the water pour down Greenwood Avenue, that development of that hill is uncomprehensible, and asks that the Board really look at the drainage issue carefully and consider the people living there. Moss also questions why somebody would study the traffic in this area in November. Deborah Gorsline of 143 Valley Street states that she is concerned with traffic and safety issues. She submits a letter from MEPA for the Board's records, and states that she wants to bring to the Board's attention that 10 accidents have been recorded from 1995 to the present, that five occurred at the intersection of Greenwood Avenue and Common Lane~ that the average speed of the road is 30 mph, but that the average speed of cars traveling on those roads is over that, that there will be big trouble if more traffic is added, that there are poor sidewalks in the neighborhood, that they are faced with streaming water, that much magic will be needed for a safe access and egress, and urges the Board to require the applicant to address these issues and deny waivers that will negatively impact the safety of our area. George Moss of 7 Goodwin Road states that he wants to mention that there were problems with 100 year storms even before our Government spent millions of dollars to alleviate the problem, that with an additional 58 houses on a hill, the water is going to go down. Bob Seamans of 675 Hale Street states that his property runs along wetlands, that a large percentage of water from the neighborhood comes onto his property, that he doesn't know where all the water comes from, but that a lot comes from an area near the Beverly Farms Station on other side of the watershed, that some people would benefit from the proposed development, but not most of them, and questions what will happen if you take a natural habitat, with its own catch basins, start to smooth out the terrain and take out 4,000 trees, water will come gallivanting down. He questions if it is even possible to solve the problem from an engineering standpoint. He states that he can't contemplate what will happen with this subdivision, that it is a major concern. Beverly Planning Board June 16, 1998 Meeting Page Thirteen Jonathan Warren of 502 Hale Street states that he is the 6th generation to live in Prides Crossing, he makes a presentation on drainage and explains where the drainage flows in this area, states that there are natural catch basins, that there is extreme flooding, and that there is a fragile pond area. Warren states that he is concerned with the whole drainage issue, with the number of trees being removed, with the blasting that will change the flow of ground water and with traffic, and notes that there is a lot of traffic. He talks about road conditions in the winter, and states that the subdivision will cause more trouble. Susan Rolands of 623 Hale Street states that she knows what the traffic is like, she submits pictures to the Board of a pool that nobody thinks exists, and states that she is concerned with water issues. Richard Baker of R643 Hale Street talks about hydrology in the area, and states that he has 25 years of experience in this field. Baker explains that the outlet on Greenwood Avenue goes to a pond, creating an impervious area~ then he goes over rate of increase with respect to water flow; goes over peak flows, and states that the flow will increase by 35% in certain areas; speaks of the drainage system, and identifies the vernal pools on the map and reviews the discharge to these vernal pools. Baker states that he is concerned because the run-off of the roadways and the driveways is contaminated. Jon Fisk of 8 Indian Hill Road goes over issues related to the City's tax base and states that it is a falsehood and lie that a real estate development of this type will bring in tax revenue, and states that in a Massachusetts study it states that these types of real estate subdivisions cost more money to maintain and service than revenue brought in. He states that it will cost the City of Beverly $1.09 to service this real estate development. Ray Miyares an attorney at Picket & Miyares of 47 Winter Street, Boston and a member of Groundswell addresses the Board and points out several issues: (1) with respect to the waivers and states that there are regulations for subdivisions with strict compliances that a subdivision must follow according to these rules and regulations, and that such action is in the public interest, and that he has not heard the applicant state any of this; (2) that the definition of adequate access is one factor that the applicant should be considering, and he calls attention to the secondary access on Greenwood Avenue, and goes over pavement of the roadways. Beverly Planning Board June 16, 1998 Meeting Page Fourteen Patricia Pierce, advisor to Groundswell addresses the Board and reviews the study of the finished grade, stating that it will devastate the site with minimal allowable frontage, that it is an extreme exploitation of the land, that it will cause forcible damage, that the site consists of fruit trees, etc., and notes that there is already stormwater problems prior to any tree removal, that the water retention from the tree removal becomes dramitically reduced, that the land will be buried and dead and the character of the City will be changed, the village becomes over developed. She then submits her list of omissions/misrepresentations. Next, Pierce shows the vertical cuts on the map, goes over the blasting table, and requests that the Board exercise their authority on open space. Pierce states it's the moral issue of whose property right should prevail. Dinkin explains that the Board has the remainder of its agenda to deal with tonight, and suggests that the Board continue the public hearing to another Board meeting. Cassidy states that the Board will need an extension of time for final Board action from the applicant to September 30, 1998. Attorney Tom Alexander states that the applicant will agree to that, and provides a written extension to the Board. Sullivan: Motion to schedule a site visit to this property for August 8, 1998 at 9:00 a.m., seconded by Flannery. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries. Dinkin states that the applicant has indicated that any member of the public who wishes to attend the site visit with the Board will be asked to sign a release of liability form. Thomas: Motion to accept the extension of time for final Board action to September 30, 1998 and to continue the public hearing on the Estate at Prides Crossing Subdivision to the Board's meeting scheduled for September 8, 1998, seconded by Sullivan. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries. Dinkin returns the Planning Board back to regular session. Subdivision ApprOval Not Required Pla~ (SANR's) a. 3.8 Western AVenue ~ Cassidy updates the members and explains that this is one lot that will be divided in two, and Parcel B goes to the abutter. Beverly Planning Board June 16, 1998 Meeting Page Fifteen Sullivan: Motion to endorse the plan of land for 38 Western Avenue as one not requiring approval under the Subdivision Control Law, seconded by Delaney. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries 9-0. b. Cherry Hill Drive / FlatleV Corporation Cassidy updates the members and states that the necessary ANR plan for the land acquisition by the City of Beverly for the Sam Fonzo Drive project has been submitted and shows the creation of a non- buildable parcel conforming with the approved roadway layout over Flatley property. Delaney: Motion to endorse the plan of land for Cherry Hill Drive as one not requiring approval under the Subdivision Control Law, seconded by Sullivan. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries 9-0. 2. Airport Road/Sam Fonzo Drive: Expiration of construction completion date referenced in Form G Restrictive Covenant, M.G.L. Chapter 41, Section 81-X endorsement, signplanCityof Beverly, Salvatore & Michael Fonzo Cassidy explains that the City and Aero manufacturing are requesting an extension of the completion date for the Sam Fonzo Drive subdivision, and that the Board must execute an 81-X certificate for the original mylars of the subdivision so that they can be signed for recordation at the Registry of Deeds. Deleney: Motion to extend the construction completion date for Airport Road/Sam Fonzo Drive Subdivision from June 18, 1998 to June 18, 2000, seconded by Sullivan. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries 9-0. Delaney: Motion to endorse a M.G.L. Chapter 41, Section 81-X certificate for the Registry of Deeds, seconded by Flannery. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries 9-0. 3. Conifer Way Subdivision: Request for release of remaining bond monies _ Cassidy updates the members and explains that the Eng'.~neering Department has approved the as-built plans for this project and Beverly Planning Board June 16, 1998 Meeting Page Sixteen recommended that all remaining bond monies be released to the developer. Delaney: Motion to accept the as-built plans for the Conifer Way Subdivision and to release all remaining monies, seconded by Sullivan. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries 9-0. 4. Cherry Hill Industrial Park: Expiration of construction COmpletion date / ThOmas Flatlev Cassidy explains that the Flatley Company has requested an extension of their completion date for fifteen months. Thomas: Motion to extend the construction completion date for Cherry Hill Industrial Park from June 30, 1998 to September 30, 1998, seconded by Sullivan. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries 9-0. 5. Access Road Subdivision: Expiration of construction completion date / David Camevale Cassidy explains that the developer is requesting an extension of the construction completion date for this project for 6 months. Sullivan: Motion to extend the construction completion date for Access Road Subdivision from June 30, 1998 to December 31, 1998, seconded by Delaney. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries 9-0. 6. Sunday Drive Subdivision: Expiration of construction CompletiOn da~e / David Carnevale Cassidy explains that the developers are requesting a six month extension of the construction completion date for this project. Thomas: Motion to extend the construction completion date for Sunday Drive Subdivision from June 30, 1998 to December 31, 1998, seconded by Flannery. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries 9-0. ?. New or Other Business Summer Schedule : Cassidy asks the Board to establish a summer meeting schedule. Beverly Planning Board June 16, 1998 Meeting Page Seventeen Delaney: Motion to schedule a Special Board's meeting for September 8, 1998, seconded by Thomas. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries 9-0. Thomas: Motion to schedule the Board's July meeting for July 14, 1998, seconded by Sullivan. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries 9-0. 8. AdjOurnment Thomas: Motion to adjourn, seconded by Flannery. Dinkin, Delaney, Sullivan, Thomson, Modugno, Dunn, Flannery, Thomas and Rink in favor, no one opposed. Motion carries 9-0. Meeting was adjourned at 11:00 p.m.