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1998-04-28 Richard Dinkin .;'~c~.~'~ Salvatore Modugno Vice Chairman '~'o~ ~'~', Robert Rink William Pelaney (if ' ;!1 I,~ ~, ~ ,, Batty Sullivan Planning Director ~ ~'H'~,~; Peter M. Thomas Tina P. Cassidy John Thomson Minutes Beverly Planning Board Tuesday, April 28, 1998 Members present: Chairperson Richard Dinkin, Vice-Chairman Bill Delaney, Peter Thomas, Ellen Flannery, Salvatore Modugno. Also present: Planning Director Tina Cassidy. Chairperson Dinkin calls this special meeting of the Planning Board to order. The first item on the agenda is subdivision approval not required plans. 1. Subdivision Approval Not Required Plans (SANR's) / Hillcrest Road Dinkin asks Cassidy to update the Board. Cassidy explains that the attorney for a property owner on Hillcrest Road has submitted this plan to the Board for endorsement. It shows a 1,394.40 sq. ft. parcel within the layout of Hillcrest Road to which the owners, William and Mary Brady, will have 14/15ths title. The plan is necessary for the owners to pursue complete ownership of the parcel in question. Attorney Elizabeth McGlynn represents the owners and explains the need for the plan to the Board. Delaney suggests that the plan should be modified to show the small section of Parcel "A" to which title is presently in dispute before the Board endorses it. MeGlynn agrees to modify the plan as suggested. Delaney: motion to endorse the plan as one not requiring approval under the Subdivision Control Law subject to the 105.60 sq. ft. portion of Parcel "A" bci~ig shown and labeled "A - l". Motion seconded by Thomas, al~ members in favor. Modon carrcs. 2. The Planters Subdivision: Request for extension of expiration dale of Tri-Partite Agreement posted as surety to guarantee project completion. Dinkin asks Cassidy to update the Board. Cassidy informs members thai tt~e Board has received a request for an extension of tl~c expiration date of the Tri-Partitc Agrccmcnl posted as surety City Ha// i.c.': Csl:.ot Street Beveriy. ~,.,fassacl?usetts 07~c75 (978) 5'27 _~(:,,r.;,,'? F~:.y (.c/7Ej .q22-,.n, 28.':; Planning Board minutes April 28, 1998 Special Meeting page two for this subdivision. The Tfi-Partite Agreement is set to expire on April 30, 1998, and the developers have submitted an extension from the Eastern Bank with a new expiration date of April'30, 1999. Delaney: motion to accept the extension of the Tri-Partite Agreement for the Planters subdivision from April 30, 1998 to April 30, 1999. Seconded by Thomas, all members in favor. 3. Tall Tree Drive Extension subdivision Cassidy informs members that this property is subject to several pieces of pending litigation (the Planning Board's previous denials have been appealed by the property owners). The owners have submitted a new plan they hope will settle all pending litigation, and Cassidy relates to members that because of that litigation, City Solicitor Marshall Handly recommends that the plan be discussed in executive session. Delaney: motion that the Board enter executive session for the purpose of discussing pending litigation in connection with the Tall Tree Drive subdivision, seconded by Thomas. Roll call vote on the motion: Delaney, yes; Dinkin, yes; Flannery, yes; Thomas, yes: Modugno, yes. (Executive Session) Dinkin calls the regu. lar meeting back into session. Delaney: motion to schedule a public hearing on the Tall Tree Drive Definitive Settlement Plan for May 19, 1998. Motion seconded by Flannery, all members in favor. Motion carries. Thomas: motion to adjourn, seconded by Flarmery. All members in favor, motion caeries. Meeting is adjourned at 8:45 p.m.