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2005-09-21 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD: Planning Board TOPIC: Regular Meeting DATE: September 21, 2005 PLACE: Council Chambers, Beverly City Hall BOARD MEMBERS PRESENT: Chairperson, Richard Dinkin, John Thomson, Eve Geller-Duffy, Donald Walter, Charles Harris, Ellen Flannery, Joanne Dunn BOARD MEMBERS ABSENT Jason Silva OTHERS PRESENT: Leah Zambernardi, Assistant Planning Director RECORDER: Robin Levesque Chairperson Dinkin calls the regular meeting of the Planning Board to order at 7:30 p.m. Thomson: Moves to recess for a scheduled public hearing. Seconded by Flannery. All Members in favor Motion carries. Public Hearing – Modification to Site Plan Review #39-98 – Walgreens – 54 Elliott St/ 401 Rantoul St. – Walgreen Eastern Co. – d/b/a Walgreens Zambernardi reads the legal notice. Attorney Thomas Alexander, 1 School Street, Beverly, MA represents the Applicant. He states that Walgreens would like to lift Condition #2 of the Planning Board’s August 1998 site plan approval, which reads, “that the hours of operation of this establishment shall be limited to the hours of 8:00 a.m. to 11:00 p.m.” This is so they can be open 24 hours. Alexander distributes handouts to the members with statistics about income, child population and medication needs of Walgreens' clients. Alexander states that Walgreens would be a good neighbor for the City. Alexander submits the statistical information into the record. Zambernardi reads the following letters into record: 1. Dated September 20, 2005 from the Parking and Traffic Commission 2. Dated September 16, 2005 from the Board of Health 3. Dated August 23, 2005 from the Fire Department 4. Dated September 14, 2005 from the Police Department Dinkin asks the members if they have any questions. Thomson asks about other 24-hour establishments in Beverly. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 2 Dinkin asks Alexander if they can provide a description of the number of patients receiving medications from 10:00 p.m. to 8:00 a.m. in other Walgreens. A representative of Walgreens pharmacy states that there is a time delay on prescriptions from the time they are written to the time they are picked up. She states that most of the night patients are acute care patients who are coming that night from the hospital. Dinkin asks what the time delay is, from the time the patient receives the prescription until it is actually filled. The Walgreens representative states the most acute care patients receive the prescription that night or early morning. Dinkin asks what the distance is from the outer wall of the store to the nearest resident. Alexander states approximately 40 feet. Dinkin asks about incidences of crime during the night hours in other Walgreens stores. A Walgreens representative states that that most incidents are during the day. He states that hardly any at all are at night. He states that out of the 8 24-hour facilities, they have had only one incident in Revere. Thomson asks if they sell food. A Walgreens representative states they sell snacks like cookies and chips. Thomson asks Alexander to address the Ordinance about selling food. Alexander states he would seek relief from the City Council to amend the Ordinance should this Board grant an amendment. If the amendment is not passed, they would open 24 hours but would not sell food. They would hope to have the entire store open during these hours. Flannery states that in 1998, the residents where concerned with the noise and the lighting. Alexander states in the minutes of the public hearings indicate that there were some concerns raised but none of them were over the hours of operation. Zambernardi asks about if the trash compactor would be operated at night. Alexander states that they will stop deliveries overnight and that the compacter will be non- operational. Alexander states they have received complaints about the interior alarms and they would shut them off at night. Harris asks if they had plans to extend this into a full service Walmart. Alexander states no such change is proposed at this point. Dinkin asks the public it they have any questions. Donald D. Millette of 14 Chestnut Street states he would like the store to be open 24 hours. He states he does not drive and he as well as other elderly residents nearby would like the convenience of a 24-hour operation. Renee Mary of 274 Hale St states the lighting 24 hours may be disturbing to residents on Chase Street. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 3 Alexander states the lighting will remain the same as it is now overnight. Dinkin asks about increased insurance rates with the change in hours of operation because it is a good indicator of risk. Joe Chaplin of Park Street asks how many prescriptions are filled on average between 11 p.m. and 8 a.m. The Walgreens representative states that there are about 20. Mr. Chaplin asks how many of these are pain medications. Alexander reads a list of pain medications. Chaplin states he is most concerned about selling of narcotics and he asks about the increase in crime and illegal purchase of these medications. A Walgreens representative states that there was one loss prevention incident in Revere where an intoxicated man had to be Walgreens does not carry oxycontin in the Walgreens stores. Chaplin states he is more concerned about percosset and vicatin, which are also distributed on the streets. He states he is concerned as a neighbor on Park Street. Chaplin asks about Walgreens profit increases with the increased store hours. The Walgreens representative states that the payroll investment will be $250,000 plus expenses annually. He states their hope is that business will increase during the day. Chaplin states that the store's proximity to the highway and the port is a concern. He is concerned about medications being made more readily available to the public at night. He reads an article about gangs in Madison, Wisconsin who steal "over-the-counter" medications and distribute them to the public. He states once again that he is concerned about a 24-hour pharmacy being opened and the increase of illegal acquisition and sale of narcotics. A Walgreens representative states that lots of break-ins happen in the non-24 hour stores. He states it has not happened in the 24-hour stores. He states that they have cameras in the front and in the back of the stores. He states he works with 24 stores and in most instances, break-ins happen during the day. He states they work with the DEA and the Massachusetts Drug Task Force to help address problems of prescription drugs. Dinkin asks if there are any comments in support. Ward 3 City Councilor, John Burke of 13 West Dane Street states that he canvassed the neighborhood to give notice of the meeting and to talk with the neighbors. He notes that the Board can choose to amend the conditions of the site plan and they can also add conditions. He reads a letter into the record. He states that he received only one set of complaints having to do with the noise of the alarm inside the store. He states that Walgreens has agreed to decrease the sensor alarm and give more quiet time than there is now. They will shut the alarm off from 10 p.m. to 8 a.m. and will use only a flashing light. He states that another concern was traffic and the sound of cars going by the homes. He suggests the Planning Board deal with this by reserving the right to revisit the issue in one year to see what the impact of the 24-hour operation is. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 4 Dinkin asks if there are any comments in opposition. Rosemary Maglio of 30 Pleasant St. states she was involved when Walgreens initially had their proposal. She states there were many concerns including the hours of operation because people deserve the right to sleep. She states this might encourage people to loiter and that is one of the reasons the condition was put on to limit the hours of operation in the first place. She states that if a person has a problem, they go to the emergency room and they have a pharmacy there. She states that an ordinance change will take away tranquility from all City residents in commercial areas. Patrice Comb of 30 Mechanic St. states the back of her house faces Walgreens and that there is one house between her house and Walgreens. She states her main concern is the noise and being woken up by the sensors. She states a company comes in and does pressure washing at night. She states she has concerns about noise from the cars. She states there are people coming out of the Pickled Onion and other bars at 11:00 p.m. making noise and they will be able to go to the store. She states she has a new concern about violent crime and drugs. She states that Walgreens is a good neighbor and allows the neighbors to park in their lot during snowstorms. She states she works for an insurance company and yes the policy does increase when stores are open 24 hours. Dinkin closes the hearing. Public Hearing (cont.): Definitive Subdivision Plan – Cleveland Road Extension #2 – 405 Elliott Street – Alphonso and Mary Vitolo Thomson: Move to waive reading of the legal notice. Seconded by Geller-Duffy. All in favor. Motion carries. Robert Griffin of Griffin Engineering Group, LLC, 100 Cummings Center, Beverly, MA represents the Applicant. Griffin states his client's original proposal involved extending Cleveland Road to provide frontage for the subdivision of the land located at 405 Elliott Street into two lots. They proposed to extend Cleveland Road within the existing 40-foot wide unbuilt right-of-way to create street frontage for the rear lot. He states the proposed street layout does not fully conform to the design standards in the Board's Rules and Regulations Governing Subdivision of Land. Griffin states the proposed layout is similar to the existing Cleveland Road layout and the recently approved Cleveland Road Extension Subdivision for William Beard. He states the Applicant requests waivers from the following design standards outlined in Sections IV and V of the subdivision regulations: ?? Section IV.A.3. -Width of Street- The existing right-of-way width of Cleveland Road is 40 feet, which will be continued for the extension. The width of the proposed pavement is 24 feet, the same as the existing pavement. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 5 ?? Section IV.A.5.a. – Length of Dead-End Street - The existing street is approximately 578 feet to the Limit of Street Acceptance. The new pavement will extend this by approximately 70 feet, measured to the end of the hammerhead. ?? Section IV.A.5.b. – Turn around area on dead-end street – An alternate AASHTO compliant turning area is provided - hammerhead design. ?? Section V.D. – Sidewalks – The existing sidewalk will be extended on the west side of the street at its existing width of 3.5 feet. ?? Section V.E. – Curbs and Berms – The applicant proposes to extend the existing bituminous berm curbing along all edges of the proposed extension with the exception of a 5 foot cut at the south corner of the turning area for a drainage swale. Griffin states there is an existing underground water and sewer line, the water would be connected to the existing 6” main and the main sewer is tied into the original. He states they will run an individual line separate from Mr. Beard's to provide for this lot. Griffin states there was a site walk where the Board observed that the existing turning area is adequate given the existing length of the street and the small size of the subdivision. He revised the plans to remove the additional pavement. The lot can be accessed from a driveway off the existing turnaround. He states he has taken out the turning easement and the road construction details. Otherwise the plan is the same as previously presented. Dinkin asks the members if they have any questions. Geller-Duffy states the Fire Department stated using the existing turn around. Zambernardi reads letters into record. ?? Dated September 21, 2005 from Michael Collins, Director of Public Services ?? Dated July 8, 2005 from William Burke, Director of Public Health ?? Dated September 15, 2005 from Captain Wayne Francis, Deputy Chief of Fire Prevention ?? Dated September 19, 2005 from Amy Maxner, Environmental Planner Dinkin asks the members if they have any further questions. Thomson asks about the Vitolo's legal right to use the right of way. Attorney Philip Posner states that a title examiner researched the title of the property. He shows a 1943 plan and states the area was owned by Mr. Lovett in the late 19th century to the second World War. He states the parcel was taken by the City in World War II and the City laid out a subdivision, which is shown on the 1943 plan. He states the lots were conveyed out by the City to 3rd parties. He understands the lots were sold to some veterans. He states that eventually the Vitolo's acquired the property to the left of the right of way. He states it is a situation where the abutters own to the centerline of the right of way. He states that if for some reason they need to construct the road, they have the legal right to do it. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 6 Dinkin asks the public if they have any questions. Cynthia O’Beirne of 4 Robin Rd. states her parents own 9 Cleveland Road and she asks a question about street acceptance by the City. She also states she is concerned about Cleveland Road being further extended. Thomson states they could put a condition on the plan to prevent construction of Cleveland Road. O’Beirne asks about the sidewalk. Griffin states it stops at the first driveway near Bear's lot. He recollects discussion at the site visit where the Board did not feel the sidewalk was necessary. O’Beirne states she doesn’t understand the cul-de-sac. Griffin states they are leaving Cleveland Road as it is today. The size of the turn around is adequate for the Fire Department. William Beard of 14 Cleveland Road states he does not know how they will meet the requirements referring to the driveway, frontage, and the extra drainage. Steve McCarthy of 9 Cleveland Road states they are concerned about another very large house at the end of the road. Griffin states the footprint is a smaller house than the one just built. He states that for neighbors concerned about the proximity of the new driveway to the lot lane, they could put a 6' stockade fence along the property line. Thomson asks if the runoff will go down the driveway. Griffin states there will be a small amount of additional paving which will have little or no impact. Dinkin closes the hearing. Public Hearing (cont.) – Special Permit Application #112-05 Resubmission of expired Special Permit Application #103-01 (approved September 2001) – Federal Heights – 243 Rantoul Street/48 Federal Street – Rocco Scippa Attorney Richard C. Lynds representing Rocco Scippa states that there will be two units for affordable housing. He states they where issued a building permit June 18, 2003 and the Special Permit has lapsed. He states the complaint from the Health Department was addressed and that nothing has changed since the original submission. Dinkin asks the public if they have any questions or comments. Rosemary Maglio of 30 Pleasant St. states the lot extends to Federal Street. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 7 Linda Giallongo of 31 Home Street states she is a direct abutter that she met with the Engineer and owner and that they have signed an agreement to do certain work on her property and to do a new retaining wall. She states she would like that agreement to be part of the record. Thomson asks who owns the retaining wall. Giallongo states it belongs to Mr. Scippa. Zambernardi states that Mr. Scippa submitted the designs of the retaining wall although Public Works Director Michael Collins has concerns about it. She suggests that the Board retain jurisdiction over the design of the wall should they approve this petition tonight. Resident of 48 Pond Street comments on parking in the neighborhood. Selands states that the parking complies with the zoning requirements. Resident of 48 Pond Street states the neighborhood is congested. He states that there are many multi-families in the neighborhood and cars frequently get towed. He states he is concerned about congestion in a very tight area. He states that he does not believe the impact of parking has been taken care of. Rosemary Maglio of 30 Pleasant Street states 48 Federal Street was commercially zoned, and probably shouldn't have been. Dinkin closes the hearing. The regular meeting of the Planning Board is called to order. Discussion/Decision: Modification to Site Plan Review Application #39-98 – Walgreens – 54 Elliott St/401 Rantoul St. – Walgreen Eastern Co, d/b/a/ Walgreens Harris asks if the lights will be on all night long. A representative from Walgreens states they will go off a 1 a.m. as they do now. Harris asks if there will be a security guard on duty and he suggests that might help with some of the concerns. Walgreens states they would do that only if there was a problem. Thomson asks if the Police Department recommends that. Dinkin states he doesn’t think that there is a sufficient benefit to the community to outweigh the potential for crime. He states that the one person who spoke against this proposal is a prescriber of medications and that is telling. He states that the store is cheek to jowl with a very dense residential street. He states he would look at this differently if the placement of the store or parcel were different. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 8 Geller-Duffy states that this would be very beneficial to a parent with a small child sick at 2 a.m. that needs medication. She states that just from the statistics, this store could become a necessity for people who could not get to CVS in North Beverly. Dinkin states he has had that happen and that a child that sick would go to the Emergency Room where there is also a hospital pharmacy. A Walgreens representative states that hospitals do not let people take medications out with them. Patients have to take the medications in front of their doctor or nurse. Many hospitals don't have outpatient pharmacies. There is not one at Beverly Hospital. Dinkin states his opinion that it is intrusive to the lower income community. Thomson notes that we already have one in a more well to do area and they are the experiment. He states that the crime factor is an unknown to him. He may not want to make a decision without input from the Police Department. Thomson states that Ward 3 Councilor Burke has canvassed the neighborhood and is in favor and he stated that there weren’t too many people opposing it. He states that he likes Burke's argument and he suggests that the Board could put a one-year contingency. Flannery and Dunn concur about a 1-year condition. Dunn states she still has a lighting concern. Thomson suggests that the Board grant the request with conditions or ask for more information about crime if that is a concern of the Board. Thomson: Moves to grant the modification with the conditions that the interior audio buzzer is turned off from 10:00 p.m. to 8:00 a.m.; that pressure washing and other external maintenance of the property be discontinued from 10:00 p.m. to 8:00 a.m.; that lighting does not change from what it is now; that all other conditions of the original approval remain in effect; and when/if the ordinance is changed to allow 24 operation by the City Council, Walgreens come back within 1-year to look at incidents that occur and determine whether the 24-hour use should be continued. Harris seconds the motion. Discussion on the motion: Geller-Duffy states that they should come back sooner if there is an incident. Geller-Duffy: Moves to amend Thomson's motion to add that if there are any incidents within the first year, that they come back to the Board to have the review sooner. Harris seconds the motion. Discussion on the motion: Dunn states there should be a 1-year trial period. Dinkin states that it offers the Board greater flexibility to deal with issues on the site and will help gauge the noise factor. (Geller-Duffy and Harris in favor) (Walter, Thomson, Flannery and Dinkin in opposition) Motion to amend fails. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 9 Thomson: Moves the question to approve the first motion. Seconded by Harris. (Geller-Duffy, Harris, Walter, Thomson and Flannery in favor) (Dinkin in opposition). Motion carries. Discussion/Decision: Definitive Subdivision Plan – Cleveland Road Extension #2 – 405 Elliott Street – Alphonso & Mary Vitolo Thomson discloses that he knows the family that owns property next door to this development. Thomson states that he is sorry to see that Cleveland Road is to being extended at all. He thought they should have foreclosed any further building on Cleveland Road at all. He states he is satisfied that they have the right to build the road. He thinks that the extension of Cleveland Road is not in the best interest of the City. He thinks that the existing pavement and turnaround is sufficient and that the extension of Cleveland Road is not necessary. Thomson: Moves to accept the Definitive subdivision plan with the condition that the applicant complies with all policies and procedures of the Engineering Department and Public Services Department as stated in a letter from Public Services Director Michael Collins, P.E. dated September 21, 2005; the applicant complies with all requirements stated in a letter dated July 8, 2005 from Director of Public Health, William Burke; The proposed residence is equipped with residential sprinklers as per N.F.P.A. 13D, as stated in a letter from Deputy Chief of Fire Prevention, Wayne Francis dated September 15, 2005; The erosion control detail called out on the plan be kept as part of the plan due to the sloping topography of the site, as stated in a letter from Environmental Planner Amy Maxner dated September 19, 2005; A six foot high stockade fence be constructed between the new building lot and the abutter of 9 Cleveland Road; there shall be no further extension of Cleveland Road over the subject property or the adjoining lot of the applicant by the applicant or his/her successors in title. Discussion on the motion: Zambernardi asks about the issue of frontage. Thomson states that it is a way shown on a subdivision plan and that is frontage. He states the way is not built out and that it is not in the best interest of the City to do so. He states it is not the purview of the Board to rule whether or not this lot conforms to Zoning. He states that the Board can waive frontage and by approving this subdivision, we have waived building out of the frontage. Dinkin asks how big Beard's lot is. Griffin states it is about 1 acre. Dinkin asks that by prohibiting further building of the pavement, would the Board be constraining Beard? Thomson states that the Board is prohibiting the applicant from constructing their half. Beard could still construct his half. Flannery seconds the motion. All in favor. Motion carries. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 10 Discussion/Decision: Special Permit Application #112-05 – Federal Heights -243 Rantoul St/48 Federal St. - Rocco Scippa Thomson states that he finds that this request meets the conditions for granting a special permit. Thomson: Moves to approve the request of the special permit for construction of a building containing 18 apartments and associated parking at 253 Rantoul Street and 48 Federal Street with the conditions that: all previous conditions imposed on the original special permit and site plan approval by the Planning Board in its vote of September 20, 2001; to the extent that they are not superseded by the board’s vote of September 21, 2005, shall remain in force and effect; the provisions of the agreement dated September 16, 2005 between Rocco Scippa and Linda Giallongo, attached hereto and incorporated herein by reference, are conditions of this special permit approval. Should any changes occur to the agreement’s stipulations as a result of requirements by the Building Inspector or the Engineering Department, the agreement may be amended accordingly, without another public hearing by the Planning Board, provided both parties to the agreement concur with the changes; that plantings located within the fire lane to the east of the new building are deleted from the landscaping plan so as not to hinder or damage fire apparatus; that Condition #1 of the original site plan approval be modified to read:“That at least two (2) of the residential units be set aside as “affordable” units in perpetuity for sale or rental to “persons of low or moderate income”, families and individuals whose income do not exceed 80% of the median income in the area of the property, all in accordance with the standards of the Massachusetts Department of Housing Community Development, and provided that the buildings with the affordable units, whether rental or ownership, be subject to recorded deed restrictions. Implementing this requirement”. Seconded by Geller-Duffy. All members in favor. Motion carries. Dinkin states he thinks this development is appropriate for the City's urban core. He states that the more residents that move onto Rantoul Street, the safer and more commercially viable it will become. Penney Lane (formerly Hale Court) – Acceptance of Performance Bond and Release of Lot 5 – Thomas Ford D/B/A – T. Ford Company Zambernardi reads a letter dated September 21, 2005 from the Engineering Department and signed by Michael Collins, P.E. Director of Public Services into record. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 11 Thomson: Moves to accept the letter of credit from Beverly National Bank in the amount of $80,000.00 as surety to guarantee completion of the subdivision, and to release Lot 5 from the language of the Form G Restrictive Covenant. Seconded by Flannery. All members in favor. Motion carries. Preliminary Subdivision Plan – Foster Lane – 30 Foster Street – Hub Realty Trust/Michael Hubbard Robert Griffin from Griffin Engineering representing the Applicant states the existing house at #30 Foster Street has open undeveloped land abutting the Standley Street Compost Site and the Girl Scout Camp. He states that the Applicant proposes to develop a 5-lot subdivision. He states that at the last meeting, a comment was made recommending a cluster subdivision. He states the City Engineer mentioned a problem with drainage. He states he was not able to meet with Killilea or Collins. Griffin states that water flows over the road and that there are very few drainage structures. He states that the Applicant proposes to install catch basins at the low points. Griffin states he thinks this will be an improvement. Dinkin asks what percentage is wet. Griffin states 30 to 40 percent is upland and 60 to 70 percent is wet. Griffin states that the revised plan has reduced frontage. He states 1.57 acres would be deeded as open space. He states that the road has been reduced by 1/2. Dinkin asks if the first subdivision filed for this property was waiver free. Griffin states that it was. Dinkin states he prefers that the house lots be moved to one side of the parcel. He would like the open space to be provided as one contiguous parcel. He would like to see the parcel in compliance with the pending Open Space Residential Design Ordinance. He would like to see open space that is actually useful to the public rather than just wetland area scrunched at the end of the lot that is not useful to anyone really. Thomson suggests that the homes be located as far away from the existing wetlands as possible. Flannery states there are great water concerns in that neighborhood. Griffin states he would like some time to amend the plans and come back to the Board. Thomson mover to continue the meeting until October 18, 2005. Seconded by Flannery. All members are in favor. Motion carries. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 12 Subdivision Approval not Required Plans (SANR) Dix Way Mark Glovsky of Glovsky and Glovsky, representing Ralph and Ann Dinkwater states the property is zoned R6 and that the street was in existence prior to subdivision control. He shows plans to the Board indicating Dix Way was in existence in 1917. He states Dix’s Way is used by different businesses and the City. He states that Parcel A & B are presently one lot and we would like to separate them into two lots. Thomson asks if any of these lots have access. Glovsky states Parcel A has access from High St. and Parcel B has access from Dix Way. Thomson: Moves to endorse the plan. Seconded by Flannery. All in Favor. Motion carries. Bass River Estates Subdivision – Acceptance of Performance Bond in place of Form G Covenant – Off Folger Avenue - J.J. Phelan & Son Co. Inc. Zambernardi reads letter of request from owner Joseph J. Phelan into record. Zambernardi reads letter dated September 21, 2005 from Engineering Department signed by Michael Collins, P.E. Director of Public Services into record. Thomson: Moves to accept the bond in the amount of $450,767.00 as surety to guarantee completion of the subdivision and to release lost 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 from the language of the Form G Restrictive Covenant. Seconded by Flannery, All members are in favor. Motion carries. Preliminary Subdivision Plan – Congress Street – 10-12 Congress Street (former Ventron Site) – Beverly Office Development, LLC – Dennis J. Pantano Zambernardi reads letter dated September 21, 2005 form Attorney Thomas Alexander on behalf of the Applicant to withdraw the proposal without prejudice Thomson: Moves to allow the applicant, Beverly Office Development LLC to withdraw without prejudice their application for a preliminary subdivision plan. Seconded by Flannery. All members in favor. Motion carries. Proposed Zoning Amendment - City Council Order #206 Zambernardi states the members have copies of the proposed amendments related to special permits for non-conforming projects, residential re-use of existing public buildings, common permitted uses and definitional changes, and the sign ordinance. Beverly Planning Board - Meeting Minutes September 21, 2005 Page 13 Flannery: Moves to recommend to the City Council that it set at date for a Joint Public Hearing. Seconded by Harris. All members are in favor. Motion carries. Set Public Hearing – Susie’s Way Definitive Subdivision Plan – Off Bridge Street – Curtis Jones Flannery: Moves to set a public hearing for October 18, 2005 at 7:30 p.m. Seconded by Dunn. All members are in favor. Motion carries. Set Public Hearing – Modification to Special Permit #107-03 – 5-7 Elmtop Lane- Elmtop Lane Realty Trust Thomson: Moves to set public hearing for October 18, 2005 at 8:15 p.m.. Seconded by Flannery. All members are in favor. Motion carries. Approval of Minutes Thomson: Moves to table the meeting minutes to the next meeting. Seconded by Flannery. All members are in favor. Motion carries. Flannery: Moves to adjourn. Seconded by Dunn. All members are in favor. Motion carries.