TOWN OF MARION
PLANNING BOARD
REGULAR MEETING
April 7, 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
Lisa Mackenzie
Sherri Leo
Melissa Talbot
Commencement – Chairman Napoli called the meeting to order at 7:25 p.m. and explained meeting procedure.
ANR Plan – 30 Bay Road, Natalie Atwood, c/o GAF Engineering
NOTE: Co-Chairman Winters recused himself from this discussion.
The applicant and representative were not present; it was agreed to move onto the other agenda items.
Discussion – 313 Wareham Street - Sherri Leo and Melissa Talbot
NOTE: Co-Chairman Winters recused himself from this discussion.
Ms. Leo and Ms. Talbot were present for this discussion. The public hearing for this property closed on March 24 and the site plan and Special Permits were approved the same night. Subsequent to the approvals their engineer informed them that the plans submitted did not reflect changes in the drainage system. The engineer also has recommended that the lot be resurveyed as the wall shown on the approved plan is actually further back, which could result in two additional parking spaces.
After discussion it was agreed that the as-built plan, when submitted, will be forwarded to the Board’s consulting engineer for review to determine if the changes are minor or significant. In the event that the changes are found to be significant a public hearing to amend the Special Permits will be held.
Discussion – Noise/Nuisance Bylaw- Lisa MacKenzie
Ms. MacKenzie told the Board she lives off of Cross Neck Road and one of her neighbors has a rooster that is causing a disturbance by crowing in the middle of the night; it has not been determined who the rooster belongs to. The police advised Ms. MacKenzie to contact the Animal Control officer, who told her there was nothing she could do as there are no rules to address this situation.
Member Magauran suggested that a letter be sent from the Planning Board to the Chief of Police stating that Ms. MacKenzie was before the Board and they believe that this issue falls under the Animal Control regulations, it should be treated no differently than a dog barking in the middle of the night, and the police should investigate it. Chairman Napoli offered to speak with the Chief of Police instead. Numerous dogs kept at a neighbor’s property were briefly discussed.
Discussion – Bylaw Amendment (Overlay District)
Attorney Witten has suggested that two amendments (one to allow an overlay and one to outline the overlay) be voted on at the upcoming Town Meeting, with the parameters addressed at a future meeting. The warrant for this Town Meeting has closed.
Board members discussed the following issues related to the overlay district:
Density (maximum 12 units per acre)
Levels of affordability (10%-25%)
Concept of Transfer Development Rights
Public access (general, bike path, shared parking, easements, drives)
Public benefit
Open space
Design
Historic preservation
Fees in lieu of affordable units
Uses allowed in the overlay
Minimum lot size (1 acre)
Frontage (100’)
Setbacks (0)
Height (35’)
Special Permit requirements
The Board agreed to the following:
Legal ads will be published for a public hearing to be held on May 5.
The Board will meet on Monday, April 14, to review language.
The Town Administrator will be asked if the language discussed tonight can be added to the articles already on the warrant. If the language cannot be added he will be asked what the mechanism is for a Special Meeting during Town Meeting.
Moved by Co-Chairman Winters and seconded by Member Magauran to meet at 7:00 p.m. on Monday, April 14. VOTE: 7-0-0
Approval of Minutes – March 24, 2008
Moved by Co-Chairman Winters and seconded by Member Magauran to approve the minutes. VOTE: 6-0-1 (Member Briggs abstained)
Approval of Bills
Moved by Co-Chairman Winters and seconded by Member Magauran to approve payment of the bill ($840, 313 Wareham Street) from Field Engineering. VOTE: 7-0-0
Moved by Co-Chairman Winters and seconded by Member Magauran to approve payment of the bill ($315, stormwater revisions) from Field Engineering out of funds encumbered from the FY07 consulting budget. VOTE: 7-0-0
ANR Plan – 30 Bay Road, Natalie Atwood, c/o GAF Engineering
NOTE: Co-Chairman Winters recused himself from this discussion.
The applicant and representative were not present. It was agreed that the future applicants submitting ANR plans will be told it’s that their appearance before the Board is mandatory for endorsement of the plan.
Moved by Member Magauran and seconded by Member McArdle to endorse the plan. VOTE: 6-0-0
A memo from the Board of Health regarding The Wave was reviewed; Chairman Napoli will discuss the memo with the Health Director.
Meeting adjourned at 9:10 p.m.
Respectfully submitted,
Patricia McArdle, Clerk
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