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2009-06-16 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: Planning Board, Regular Meeting MEMBERS PRESENT: June 16, 2009 City Council Chambers, Beverly City Hall, 3rd Floor Chairperson Richard Dinkin, Vice Chairperson John Thomson, Joanne Dunn, Ellen Flannery, Charles Harris, Ellen Hutchinson, David Mack, Stephanie Williams MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Planning Director Tina Cassidy Andrea Bray Chairperson Dinkin calls the meeting to order. 1. 14 Cole Street, Subdivision Approval Not Required (SANR) - Arthur Thompson & Scott Gorman Cassidy reminds the Board that an ANR for this property was discussed at the last meeting and subsequently withdrawn due to the existence of a wetland across the street, which crated a statutory wetlands buffer that affected this property. She explains that since the last meeting, Mr. Thompson and his consultants have informally discussed the lot division and development plan with the Conservation Commission, which does not appear to anticipate any issues in permitting this project. Cassidy reads a letter dated June 8, 2009 from Environmental Planner Amy Maxner on behalf of the Conservation Commission. Attorney Matthew Kavanagh confirms that he met with the Conservation Commission and was advised that there would not be any untoward permitting issues with this property. Thomson says that the letter from the Conservation Commission states that it appears that the driveway will be outside the buffer zone. He asks for something more definitive. Bob Griffin of Griffin Engineering shows that plan for the driveway and explains that it will be located in an area that is unaffected by the buffer. Thomson: Motion to endorse the plan as one not requiring approval under the Subdivision Control Law, seconded by Harris. All members in favor, the motion passes 6-0. The Chair does not vote. Dunn joins the meeting at this time. 2. Discussion: Minor Modification Request to Site Plan #98-08 - New CVS at the corner of Elliott and Rantoul Streets - Richard Meguerditchian & Ardi Company, LLC & G.B. New England 2, LLC Attorney Mark Glovsky explains that CVS is returning to the Board with what are hopefully minor modifications at the request of the City's Parking and Traffic Commission. Specifically, the applicants are seeking approval of the following changes to the site plan at the suggestion of the City's Parking and Traffic Commission: (a) Minor reconfiguration of, and installation of a channelization island at, the proposed Elliott Street driveway to prevent cars from turning eastbound when exiting that driveway and the installation of two new signs (one "Right Turn Only" and one "No Left Turn"); (b) Authority to employ either wire loops or video detection as the method of vehicle detection at the Rantoul/Elliott Street intersection, in connection with the Board's condition of approval that the applicant provide a new traffic signal controller and vehicle detection at this location so that the traffic signal system at the Rantoul/Elliott Street intersection is fully-actuated. The requirement that the new equipment must ensure that the intersection is fully-actuated and traffic-responsive would remain in place; and Planning Board Meeting Minutes Page 2 of 19 June 16, 2009 Meeting (c ) That the applicants not be required to comply with Condition #6 of the Parking and Traffic Commission's February 17, 2009 recommendation letter, which would have required them to return to the Parking and Traffic Commission and/or Planning Board six months after the store's opening. He adds that the applicant is requesting the release of the condition to review the traffic after 6 months because the changes noted above will address the concerns that prompted the condition in the first place. He requests that the Board determine that these are minor changes, and to approve them. Glovsky points out the location of the two signs on the plan. The members study the plan. Thomson asks if the items are off the site plan. He states that he agrees that this IS mInor. Mack asks if this is a simple majority vote as he would prefer not to vote because he was not present for the original hearing. Dinkin advises Mack that this is a simple majority vote and he may abstain if he wishes. Thomson: Motion to find the proposed changes to the CVS site plan to be minor changes and to approve them, seconded by Flannery. Motion passes 6-0. The Chair and Mack abstain. Cassidy clarifies the reasons why the Parking & Traffic Commission felt they should come back in six months and states that and the changes have negated the need for that. Thomson: Motion to amend the Board's original approval of the site plan by eliminating the condition that CVS return to the Boards for a review of the site plan and on-street parking situation six months Planning Board Meeting Minutes Page 3 of 19 June 16, 2009 Meeting after opening, seconded by Flannery. Motion passes 6-0. The Chair and Mack abstain. Harris: Motion to recess for a public hearing, seconded by Mack. All members in favor, motion passes 7-0. The Chair abstains. Dinkin recesses the regular meeting. 3. Public Hearing (continued): Site Plan Review Application #100-09 - Black Cow Restaurant - demolition and removal of existing building and construction of new building with associated site improvements - 1 Water Street - City of Beverly and Joseph A. Leone Thomson: Motion to waive the reading of the public hearing notice, seconded by Flannery. All members in favor, motion passes 7-0. The Chair does not vote. Cassidy provides a recap of the previous meeting at which a revised site plan was presented. She states that the previously presented plan has been withdrawn and there is a new substitute plan. Cassidy reads a letter from City Solicitor Roy Gelineau into the record, dated June 16, 2009. The letter states that the City's actions with respect to the initial RFP and subsequent zoning changes affecting the WD District conformed to the public bidding laws. Attorney Robert Schlein, representing the Black Cow, provides an overview of the revised plan. He explains that Mr. Leone has agreed the original plan called for a restaurant which was too large for the site, and he has modified the plan to reduce the number of proposed seats in the restaurant by 40%, so it will now seat 200 rather than 329. He goes on to explain that the structure will still have all of the same public amenities proposed in the original plan. He adds that the smaller footprint frees up space for parking and traffic flow through the site. Schlein states that much of the restaurant seating capacity was seasonal seating on a much larger deck, and that with fewer seats all of the required parking can now be accommodated on the site, eliminating the need to utilize the Creamery Planning Board Meeting Minutes Page 4 of 19 June 16, 2009 Meeting lot or the Harbormaster's lot for parking. He explains that Mr. Leone is aware that a smaller restaurant will produce less revenue but he is committed to carrying out the same structure and fa<;ade as initially proposed. He adds that there will now be an exterior dumpster and some of the mechanicals might be exposed on the roof. Schlein requests that the Board consider approving this new plan without imposing the restrictions originally recommended by the Parking and Traffic Commission as those restrictions were recommended when the plan called for using the Harbormaster's lot and the Creamery lot. Schlein advises the Board that this is but one step in a very long process, as they still need to appear before the Conservation Commission and several State agencies. He requests that the Board approve the plan tonight. He states that they have shrunk this restaurant plan to the minimum feasible size, and if it is any smaller there will not be enough revenue generated to make the project financially feasible. Miranda Gooding of 10 Hopkins Avenue, Chair of the Beverly Harbor Management Authority, prefaces her remarks by saying that this is the first night since she has been involved in this project that she has reason to smile. She commends Mr. Leone for making the decision to reduce the size of this restaurant. She advises the Board that State funding was approved for the repair of the docks and the piers on this site and Mr. Leone plans to coordinate with the City for simultaneous work on the restaurant and land portion of the site. Gooding addresses the parking issue at length, stating that 50 spaces are provided for the restaurant, 13 for the recreational marina, and 6 for other uses, for a total of 69 spaces on the restaurant site. Dinkin recesses the public hearing. Dinkin reopens the public hearing. Planning Board Meeting Minutes Page 5 of 19 June 16, 2009 Meeting Gooding requests that the Board determine that 6 parking spaces for the DP A is sufficient parking for the public space on the first floor of the proposed restaurant. Regarding the recreational use, she states that there is not a separate zoning requirement for parking for recreational uses, but the State has requested that 6 spaces be set aside somewhere on the harbor front to comply with the terms and intent of the Urban Self-Help grant that was used to acquire this property. She proposes to designate a total of 13 spaces for the commercial marina and will ask the 6 spaces to be used for the recreational marina. Gooding outlines the parking on the harbormaster site, with 2 spaces for the harbormaster building, 14 for the commercial marina, and 13 for the moorings. She explains that currently there is parking on the Harbormaster's site, under the bridge, and at the Creamery lot across Water Street (16 spaces), and after reconfiguration of both the former McDonald's and harbormaster sites there will be a total of 148 spaces in these three areas. She confirms that there is already sufficient parking available on the harbormaster site today, as there are 20 more parking spaces now than required for zoning. Thomson asks about the parking situation when the former McDonald's restaurant operated on that site. Don Neuman of 26 Washington Street states that they were required to increase the number of parking spaces. Cassidy states that the amount of parking on site now is approximately the same number as existed then. She notes that some parking along the common property line with Beverly Port Marina was reoriented from parallel to perpendicular spaces, and several additional spaces may have resulted from that change. Sue Kinzie of 36 Washington Street states that the bridge took some parking spaces and the Goat Hill Lane removed parking spaces. Cassidy states that she is not aware of any parking spaces lost for the construction of Goat Hill Lane and states that in fact there is more on-street parking after the construction of Goat Hill Lane than there was prior to its existence. Planning Board Meeting Minutes Page 6 of 19 June 16, 2009 Meeting Thomson states that the McDonald's lot was used only for parking for McDonald's and didn't provide parking for any other uses. Mack asks to what extent the Board will need to review the parking on the other parcels now that the restaurant has been scaled down and the parking requirements of zoning are met on-site. Dinkin states that as a mater of zoning, if they meet their parking requirement on site the Board need look no further. Mack clarifies with Gooding that they only need to look at the 69 parking spaces on the proposed restaurant site. Gooding agrees. Engineer Peter Ogren, with Hayes Engineering, reviews the traffic on the lot stating that the reduced footprint allows for traffic circulation around the building. He confirms that they will still install a new water line and have public sewer on the site. He adds that the Dumpster will now be located outside the building, enclosed by a fence with gates. He points out the loading and delivery area on the east side of the building. He addresses the comment at the last meeting that the space at the waterfront doesn't belong to this parcel, stating that this isn't true and this space does belong to this site. Cassidy reads the following letters into the record: Dated June 9,2009, from Joseph Leone, Owner of the Black Cow. Dated June 16, 2009, from Frank Killilea, City Engineer. Dated June 16, 2009, from the Board of Health, Director Bill Burke. Email- forwarded by City Councilor Wes Slate - from resident Joanne Bolden Dinkin opens the hearing and asks if there are any clarifying questions from the public. Rosemary Maglio of 30 Pleasant Street asks about the parking plan submitted by Hayes Engineering. Planning Board Meeting Minutes Page 7 of 19 June 16, 2009 Meeting Ogren states that all of the parking will be accommodated on site. Renee Mary of 274 Hale Street asks if they left parking for the fishermen. Cassidy states that the commercial marina parking will be on the harbormaster site. Frank Kinzie of 36 Washington Street asks if they have a floor plan. Schlein states that he will outline the floor plan, but they have decided not to redesign the floor plan unless this new site plan concept is approved by the Board. Kinzie states that the owner requested the ability to increase the number of seats after a review of the Parking and Traffic Commission. He asks if this will provide a back door approval process. Schlein states that this is not a back door approval because they would need to reappear before the Planning Board to add seats. Rick Bruce of 13 Cliff Street asks how 53-foot tractor-trailers will make deliveries. Ogren states that all of the suppliers have trucks other than 53-foot trailers, and the deliveries will be in the morning, not during the busy times of the restaurant. He adds that the truck servicing the Dumpster will come during slow hours as well. Bruce asks about the parking for employees of the restaurant. Gooding states that they have met the zoning requirement and there have been discussions regarding employees that she will check on but it is not a zoning requirement. Dinkin iterates that the only standards to which the Board can hold an applicant are the standards within the zoning ordinance. Planning Board Meeting Minutes Page 8 of 19 June 16, 2009 Meeting Schlein states that everything is reduced and with less seats than originally proposed, there will be fewer wait staff needed. Sue Kinzie of 36 Washington Street asks about the office space on the third floor and advises the Board that there are zoning requirements for office space, and the Board cannot rule without seeing the detailed floor plan. She adds that they are not counting the dinghies in the parking requirements. John Silver of 6 Harbor Drive in Bedford asks about the public plaza. Ogren states that they can use the area close to the restaurant building, under what was the larger proposed deck for the car circulation so they do not have car traffic on the plaza. Maglio asks about the public plaza and how it has changed. Architect Doug Trees states that it hasn't changed and this plan is totally under the Chapter 91 license review. Kathy Abbott of 132 Water Street asks if there was a traffic study. Ogren states that there was a traffic study for the site based on restaurant use, and an analysis of traffic using the bridge since the bypass road opened. Deborah Cloy of 20 Stone Street expresses concern about noise. She asks about the hours of operation. Schlein states that this is a restaurant not a club and they will be open until 1 am. Sue Kinzie asks if Mass Highway has looked at the intersection. Ogren states that Mass Highway designed this configuration. She states that new construction needs Mass Highway approval. Ogren states that when the bridge was built, the intersection was designed and constructed by Mass Highway. The developer is not proposing any changes to the intersection's design or construction. Planning Board Meeting Minutes Page 9 of 19 June 16, 2009 Meeting Bill Finch of 50 Front Street cites the Black Cow restaurant in Newburyport, which applied for a permit for non-amplified music on the deck. He asks if they are seeking a license for this type of activity in this location. Schlein states that they have not. Maglio asks if they have received the required Chapter 90 license and have they submitted changes. Ogren states that they did not. Dinkin reminds the public to confine the questions to those applicable to this site plan review process. Maglio asks if they will go before the Design Review Board (DRB). Trees states that the developer intends to return to the DRB once the floor plans and elevations have been revised to reflect the redesigned restaurant. Maglio expresses concern for having this material presented to the DRB. Dinkin states that if a developer makes appropriate applications and pays the filing fee he or she is entitled to a public hearing, her desire for DRB approval first notwithstanding. Thomson asks Cassidy to review the recommendations of the Parking and Traffic Commission. Cassidy reviews the four recommendations from the Parking and Traffic Commission, which include: 1. Requiring that the applicant pay for a post-development parking and traffic review within 3 months of the opening of the restaurant; 2. Requiring the applicant to engage a parking attendant during hours of peak operation; Planning Board Meeting Minutes Page 10 of 19 June 16, 2009 Meeting 3. Leaving the proposed access driveway through the Ferry Way Landing open at least from Memorial Day through Labor Day; and 4. Requiring the applicant to submit an employee parking plan if off-site parking for employees is arranged. Thomson asks if the restaurateur has changed his mind about reqUIrmg the employees to park off site. Schlein states that it is true because there is more parking now available, and fewer employees needed, and the use and parking meet the zoning requirements. They will prohibit the employees from parking on the residential side streets. Schlein says that that there would be no need for off-site employee parking. Hutchinson asks how many employees will be on site during the restaurant's busiest hours. Schlein states that he doesn't know the exact number, but all of the numbers will be extrapolated down by 40% as a result of the 40% reduction in the number of seats. Dinkin states that not all of the numbers will be extrapolated down by 40%. Schlein estimates that there will be a maximum of 25 employees per shift. Dinkin recesses the public hearing until 9:25 pm. Dinkin reopens the public hearing and asks for comments from the public. Abbott states that her house is at the end of Water Street, next to the boat ramp, and she expresses concern about having people turning around in her driveway. She suggests installing a bigger sign that says "No Through Way" at the end of Lothrop Street. Planning Board Meeting Minutes Page 11 of19 June 16, 2009 Meeting Cassidy suggests that she submit a request for the bigger sign to Sergeant Joseph Shairs, who would then bring the matter before the Parking and Traffic Commission. She adds that the Parking and Traffic Commission did not define geographically the plans for the study. Ward 2 City Councilor Slate states that he spoke to Ms. Abbott about these issues and Sergeant Shairs is aware of this issue. Dinkin states that it is getting late and if comments are off topic or redundant he will rule the speaker out of order. Attorney Adam Brodsky, having an office at 100 Recreation Park Drive, Hingham, representing the Beverly Port Marina, iterates his client's comment that they do not oppose a restaurant as long as it is permitted in accordance with zoning bylaws. He states that he has not had an opportunity to digest the new information that was presented tonight. He respectfully requests that the Board continue this hearing. He states that there are 4 areas of concern: 1. There is not sufficient information available to make a decision tonight 2. The DP A and recreational use parking issues are not resolved 3. There are some parking use discrepancies 4. There are traffic issues. He speaks on each of these issues and submits a letter that describes his thoughts in detail. Brodsky again requests that the Board continue this public hearing. Mary Beckman of 15 Larcom Avenue, speaking on behalf of the Concerned Citizens Group, states that the downsizing of the restaurant and containment of the parking into the one lot is a huge improvement, but originally they thought that there would be 160 seats in the restaurant. She adds that the harbormaster's site will lack spaces when taking into account the additional 6 spaces for the DP A. She explains that the cut-through gave people an exit strategy, and now it has been eliminated, cars will have to turn around. She objects to the driveway on the water side of the public plaza. She cites the clause that allows Mr. Leone to increase the size of the restaurant upon review of the parking and traffic on Planning Board Meeting Minutes Page 12 of 19 June 16, 2009 Meeting the site, stating that this gives him an opportunity to enlarge the restaurant without going through this process. Charles Raymond, member of the Harbor Management Authority, compares this proposed development to Salem's Pickering Wharf development. He speaks in favor of the project. David Suminsby of 21 Linden Avenue speaks in opposition to the project and expresses concern about the parking. He expresses disappointment at the elimination of the cut-through across the Ferry Way Landing. Silver states that the property was purchased with the aid of a self-help grant, which means that the requirement for public access is more stringent than for the other property. He expresses concern about the elimination of the 6 spaces for recreational purposes. Ward 1 City Councilor Maureen Troubetaris of 28A Davis Road speaks in favor of the project. She states that in her 18 years with the City she has never seen a project downsized by 40%. She states that many members of the City Council were here tonight in favor of this project. She states that the parking requirements have been met. Renee Mary of 274 Hale Street requests that the Board continue the hearing to allow people to digest all of the new information presented tonight. Maglio states that the conditions for a site plan review have not been met. She describes the discrepancies in the plan. She states that there is not enough information presented to make a decision. She speaks at length about her opposition to this plan, which she claims is incomplete. She requests that the Board continue this public hearing. Frank Kinzie expresses concern again about the traffic, stating that it will be difficult for cars to turn left when exiting the site. Thomson asks if he is suggesting a right turn only from this site. Kinzie states that it would be the only practical way to handle this. Planning Board Meeting Minutes Page 13 of 19 June 16, 2009 Meeting Dinkin asks if there are any other comments from members of the public. There are none. Dinkin asks for a motion to recess or close this public hearing. Thomson: Motion to close this public hearing, seconded by Williams. All members and the Chair vote in favor. The motion passes 8-0. 4. Continued Public Hearing: Site Plan Review Application #99-09 - Beverly Retirement Community - construction of 173-unit subsidized elderly housing facility with associated parking and site improvements - 145 Conant Street - Estate of Thomas J. Flatley and Harvest Development LLC Cassidy states that the application was submitted several months ago, but due to some ongoing litigation following the ZBA's granting of a special permit the applicant is requesting an extension of the hearing. Attorney Miranda Gooding, representing Harvest Development states that the applicant is in the process of settling an appeal of the decision of the ZBA. Cassidy states that the applicant is requesting an extension of the date to hold the hearing on this application, and an extension of the hearing to July 28, 2009. Dinkin states that he would be more comfortable with this if the date on the request letter were changed and initialed by Gooding. Gooding initials the request letter after changing the requested continuance date to July 28. Thomson: Motion to continue and hold the public hearing on this application to/for July 28, 2009, seconded by Flannery. Motion passes 7-0, the Chair abstains. 5. Discussion/Decision: Site Plan Review Application #100-09 - Black Cow Restaurant - 1 Water Street - Joseph A. Leone and the City of Beverly Planning Board Meeting Minutes Page 140f19 June 16, 2009 Meeting Thomson states that this is a complicated process because there are so many permits required and the Board has spent considerable time reviewing the plan and gathering input from the public and if the applicant takes the risk to be approved here tonight they will need to return if any changes result from the decisions of other ruling bodies. He adds that there are things that are not in the Board's purview and they will not be considered tonight even though the applicant has done a remarkable job of considering all of the other issues. Thomson states that the parking situation has been satisfactorily addressed except for the office on the 3rd floor and this is a managers office and the site plan will be approved for 200 seats and not more, so that is not an issue that the Board needs to address further this evening. If the applicant wanted to increase the number of seats in the restaurant in the future, he would be obliged to return to the Board for approval. Thomson addresses the clause in the existing Ordinance that permits the applicant to request an increase in the number of seats or the restaurant's size, stating that anyone can request a modification to an approved site plan. This ability doesn't signify that the Planning Board would approve it in the future however. Regarding the recommendations of the Parking and Traffic Commission, Thomson states that now that the applicant complies with zoning, they can be dropped, but if the applicant does require the employees to park off site then the City needs to know where that will be. Thomson states that something has to be done with this site and it was used as a restaurant before. He cites one concern mentioned by Mr. Kinzie regarding the difficulty for cars to turn left when exiting the site, stating that this is a bigger picture item to be discussed at another board. Regarding the lack of a floor plan, Thomson states that the dimensions have been stated and the use has been stated and he is satisfied that there are adequate parking spaces on site. He adds that he is ready to make a motion on this issue. Thomson: Motion to approve the site plan with the following conditions: Planning Board Meeting Minutes Page 15 of 19 June 16, 2009 Meeting (a) That the recommendations of the City's Engineering Department articulated in a letter from Frank Killilea, Director of Engineering dated June 16, 2009 be incorporated into the plan and construction drawings; (b) That the maximum capacity of the proposed restaurant is no more than 200 seats and that any proposed increase in the number of seats shall require the review and approval of the Beverly Planning Board; (c) That should the restaurant operator elect to reqUIre his employees to park off-premises, then the operator shall file information relative to the location of such off-premise parking, the number of parking spaces and employees, etc.; and (d) That revised floor plans and elevations plans consistent with the site plans referenced on the first page of this decision are submitted to the Planning Board prior to the issuance of a building permit. The Board expressly retains jurisdiction over the floor plans, elevation plans, and site plan to ensure complete consistency with the development proposal depicted on the site plans referenced on the first page of this decision. Motion is seconded by Mack. Hutchinson asks if they should keep the Parking and Traffic Commission's first condition that called for a parking and traffic study approximately three months after the restaurant's opening. She states that she still has concerns about the parking. Dinkin asks her if she would like to move to amend the original motion. Hutchinson: Motion to amend the original motion to include the conditions that (a) the Parking and Traffic Commission's recommendations to require a traffic study approximately three months after the restaurant's opening and (b) to provide an employee parking plan if off-site employee parking is arranged. Planning Board Meeting Minutes Page 16 of 19 June 16, 2009 Meeting Dinkin asks for a second. There is no second to the motion. Dinkin states that the motion fails for lack of a second. Thomson explains that the requirements suggested by the Parking and Traffic Commission are tied to the larger restaurant size on the prior plan and dead-end parking aisles which have both been satisfactorily dealt with by shrinking the size of the restaurant and revising the site plan. He asks if there are other city agencies that could compel a right turn only out of the parking lot if the need arose. Cassidy states that she is not sure there would be such a mechanism but states that the Police Department is of the position that the City does have the right to rectify an unsafe situation whenever or wherever it occurs. Thomson states that he is changing his mind on the requirement for the parking and traffic study. Dinkin asks Hutchinson if she would like to make her motion again. Hutchinson: Motion amend the original motion to include the recommendation for the parking and traffic study be conducted 6 months after the restaurant's opening, seconded by Thomson. Mack expresses concern that they are being stricter than necessary smce the applicant has met the zoning requirements. He questions the Board's authority to make that requirement when the applicant has already met the zoning requirements. Thomson asks for clarity on the motion that the Board is retaining jurisdiction to review the situation. He states that the remedies he sees would be to have a parking attendant on site to direct traffic or to implement a "right turn only" out of the restaurant site. Mack asks if they do that on this site then why wouldn't they do that on every other site? He adds that he will vote against the amended motion for that reason. Planning Board Meeting Minutes Page 17 of 19 June 16, 2009 Meeting Dinkin asks for a vote on the amended motion. Hutchinson, Thomson and Williams vote in favor, Dinkin, Mack, Flannery, Dunn, Harris opposed. The motion fails 3-5. Dinkin requests a vote on the original motion. All members and the Chair vote in favor. The motion passes 8-0. 6. Cleveland Road Subdivision #1 - Expiration of Construction Completion and Form G Covenant (June 30, 2009) - William Beard Cassidy states that owner/developer Bill Beard has requested an extension of the construction completion date for this project until July 28, 2009 while he awaits completion of the as-built and acceptance plans required for this project. Additionally, she explains that Mr. Beard is requesting a minor modification to install a guardrail in place of a stone wall. She adds that the originally approved plans called for a guardrail and Mr. Beard changed it to a stone wall and now he wishes to change it back. Thomson asks if that change was at the applicant's request, and Cassidy states that it was. Thomson: Motion to extend the construction completion date for the Cleveland Road subdivision to July 28, 2009; to find the requested change from a stone wall to a guardrail to be a minor modification to the approved subdivision plan, and to approve that minor modification, seconded by Mack. All members in favor, motion passes 7-0. The Chair abstains. 7. Sargent Avenue Extension Definitive Subdivision - Expiration of Construction Completion Date (June 19, 2009) - D. Jeremy Campbell Cassidy reminds the Board that this one-lot subdivision was approved two years ago and partially constructed by the initial developer/owner, Michael Fiore, and that certain construction items were left as the responsibility of the new lot owner, Mr. Campbell. She explains that the City Engineer has noted the elimination of the stone wall shown on the subdivision plans and that department is presently reviewing that change. She states that Campbell is Planning Board Meeting Minutes Page 18 of 19 June 16, 2009 Meeting requesting an extension of the construction completion date until August 9,2009 so that the required as-built plans can be prepared. Mack: Motion to grant an extension of the construction completion date for the Sargent A venue subdivision until August 9, 2009, seconded by Harris. All members in favor, motion passes 7-0. The Chair does not vote. 8. Approval of Minutes - May 19, 2009 regular Board meeting Harris: Motion to approve the draft minutes of the Board's May 19, 2009 meeting, seconded by Mack. All members in favor, motion passes 7-0. The Chair does not vote. 9. Recommendation to City Council: Council Order #72 Thomson states that he listened to a video recording of the Joint Public Hearing held last evening on this Order and signed an affidavit, which qualifies him to vote on this issue, per the Mullin Rule. Thomson: Motion to recommend to the City Council that Order #72 be adopted, seconded by Williams. Motion passes 5-0 (voting members are Dinkin, Harris, Hutchinson, Thomson, and Williams). Dinkin asks if there is any other business for the Board to conduct. There is none. Mack: Motion to adjourn, seconded by Williams. All members and the Chair vote in favor. The motion passes 8-0. The meeting is adjourned at 10:40 pm. Planning Board Meeting Minutes Page 19 of 19 June 16, 2009 Meeting