TOWN OF MARION
PLANNING BOARD
REGULAR MEETING
March 10, 2008
MEMBERS PRESENT: Joseph Napoli, Chairman
Peter Winters, Co-Chairman
Steve Gonsalves
Thomas Magauran
Julia Deane Crowley
Patricia McArdle, Clerk
Sherman Briggs
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Lucy Napoli
Eunice Manduca
Commencement – Chairman Napoli called the meeting to order at 7:20 p.m. and explained meeting procedure.
ANR Plan – 26 Converse Road, c/o Frank Westgate
Mr. Westgate was not present for this meeting. The property is located at Map 19, Lots 38 & 39, and the plan shows two lots being combined into one less nonconforming lot. Audience members had no questions or comments.
Moved by Member Magauran and seconded by Member Crowley to approve the ANR plan as presented. VOTE: 7-0-0
Moved by Co-Chairman Winters and seconded by Member Gonsalves at 7:40 p.m. to open the public hearing for the revision to storm water requirements contained in the Subdivision Rules & Regulations. VOTE: 7-0-0
Approval of meeting minutes
The minutes of the February 25, 2008 meeting were reviewed.
Moved by Co-Chairman Winters and seconded by Member Gonsalves to approve the minutes as amended. VOTE: 6-0-1 (Member Briggs abstained)
Moved by Co-Chairman Winters and seconded by Member Magauran at 8:00 p.m. to suspend the regular meeting and open the public hearing for Jay Patel. VOTE: 7-0-0
Decision language was reviewed and discussed. Member Magauran noted that an extension had been granted to March 18 and tonight is the last meeting before that date; failure to make a determination tonight could be considered an approval of the application. It was agreed that the following language would be put into the decision:
“Due to the applicant’s failure to submit items 2 through 6 above, the Board had insufficient evidence to support a favorable decision on this matter. In addition, the applicant failed to communicate in writing a request for continuance in order to provide the necessary information as listed in the findings.”
Moved by Member Magauran and seconded by Member Gonsalves to deny the Special Permit application for fast food for 119 Wareham Street for Jay Patel, Plat 10, Lot 20, as amended in the decision just discussed. VOTE: 7-0-0
Continued Site Plan Review – 119 Wareham Street - Jay Patel/Subway, c/o Attorney James Dillon, Jr.
The following items were requested from and have not been submitted by the applicant:
An as-built plan showing the location of the dumpster
A plan showing the location of the trash receptacles
A manufacturer’s document describing the trash receptacles
Moved by Co-Chairman Winters and seconded by Member Magauran to close the Site Plan Review. VOTE: 7-0-0
Moved by Co-Chairman Winters and seconded by Member Briggs to deny the site plan based on the lack of submission of the above listed items, the denial of the Special Permit allowing a fast food use, and pursuant to Section 9.3.2 of the Zoning Bylaw. VOTE: 7-0-0
Moved by Co-Chairman Winters and seconded by Member McArdle at 8:20 p.m. to open the continued public hearing for the amendment to Zoning Bylaw Section 9.11.4(4). VOTE: 7-0-0
Discussion – Proposed Overlay District
Co-Chairman Winters said he spoke with Attorney Witten today about the overlay districts for mixed use. Attorney Witten said he could meet with the Board next Tuesday at 5:30 p.m. to do a walk through of the proposed overlay district. After discussion it was agreed that everyone will meet at the Thompson Merrill parking lot at 5:30 p.m. on March 18.
TAPE SHUT OFF
Discussion – Letter from Michael Baldwin
Board members discussed a letter sent by Steven Grima, Michael Baldwin, and David Barrett.
Discussion – Bylaw amendments (Overlay District, Conservation Subdivision/Waterfront Compound)
Co-Chairman Winters read and Board members discussed proposed language relative to Section 5.5.3.3 of the bylaw.
Discussion – Affordable Housing Trust
Reg Foster, Chairman of the Affordable Housing Trust, gave an update of the proposed Littleneck Village expansion. The Trust is currently working on an RFP for the project; Mr. Foster suggested another Tri Board meeting (ZBA, Planning Board, AHT) to review the RFP prior to sending it out.
Moved by Co-Chairman Winters and seconded by Member McArdle at 9:50 p.m. to enter into executive session to discuss ongoing litigation; specifically, the Dunkin Donuts appeal. The Board will not reconvene. VOTE: 7-0-0 (roll call vote was taken)
Respectfully submitted,
Patricia McArdle, Clerk
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