TOWN OF MARION
PLANNING BOARD
PUBLIC HEARING
JAY PATEL/SUBWAY
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
Continued Public Hearing – 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:
Plan showing the location of the dumpster
Memo from the DPW stating whether the sewer connections are sufficient to handle the increased volume of water and sewage flow from a restaurant
Plan showing the details of the existing trash receptacles
Statement showing the hourly sales for the Carver convenience store
List showing a breakdown of the current tenants, allocated lease areas to each tenant, vacant lease areas, and employee counts for the entire building.
On November 15, 2007 the applicant was sent a memo requesting payment of $40 for the legal advertisement and on January 22, 2008 the applicant was sent a memo requesting payment of $78.15 for the cost of notification of abutters by Certified Mail. Payment has not been received for either item.
Several telephone calls have been made to Attorney Dillon and no response has been received. An attempt was made to contact Mr. Patel on his cell phone but his cell phone mailbox was full. Member Magauran noted that Attorney Dillon had not been aware that Mr. Patel had moved out of the building.
Audience members had no questions or comments.
Moved by Member Magauran and seconded by Member Gonsalves to close the public hearing. 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
Respectfully submitted,
Patricia McArdle, Clerk
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