TOWN OF MARION
PLANNING BOARD
REGULAR MEETING
April 28, 2008
MEMBERS PRESENT: Joseph Napoli, Chairman
Peter Winters, Co-Chairman
Steve Gonsalves
Thomas Magauran
Julia Deane Crowley
Sherman Briggs
Patricia McArdle, Clerk
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Lucy Napoli
Lisa MacKenzie
Brad Silva
Todd Zell
Ken Motta
Winnifred Sylvia
Robert Sylvia
Commencement – Chairman Napoli called the meeting to order at 7:30 p.m. and explained meeting procedure.
Discussion – The Wave Restaurant
NOTE: Co-Chairman Winters recused himself from this discussion.
Brad Silva and Todd Zell, owners of the restaurant, were present for this discussion. Last spring they submitted a minor site plan to the Board showing an outside seating patio; the plan was approved by the Board on May 24, 2007. Mr. Zell explained that a service bar and sink will be added to the patio area, requiring review by the Board of Health. After discussion it was agreed that review/approval by the Planning Board was not necessary.
Moved by Co-Chairman Winters and seconded by Member Crowley at 7:45 p.m. to open the public hearing for the Sippican Café.
Moved by Co-Chairman Winters and seconded by Member Magauran at 7:45 p.m. to open the site plan review for the Sippican Café. VOTE: 7-0-0
Site Plan Review – Sippican Café – 167-169 Spring Street, c/o Joe Monger
Comments from Ken Motta were reviewed and discussed.
Co-Chairman Winters asked if the parking spaces for employees will designated at the rear of the site and was told yes. He asked if there will be an emergency exit from the patio and was told yes.
Mr. Monger said there will be 24 parking spaces to the rear of the property, 25 spaces on Mr. Sweeney’s property that are currently available for the restaurant, and 6 in front of the restaurant. Chairman Napoli asked if a written agreement from Mr. Sweeney could be provided and was told yes. Co-Chairman Winters asked what the parking lot will be surfaced with and was told crushed shells. The existing drainage at the site was discussed. Member Briggs recommended that the natural grade be left as it is and that the parking area be shelled or graveled. Co-Chairman Winters recommended that Mr. Motta visit the site and draft conditions relative to the drainage.
Moved by Co-Chairman Winters and seconded by Member Magauran to continue the site plan review to May 5 at 8:45 p.m. to allow Mr. Motta to confirm what’s been presented and after observing the site, to fashion site plan conditions that would assure efficient drainage of the property as is based on the removal of the building and the installation of the shells. VOTE: 7-0-0
Discussion – Noise/Nuisance Bylaw- Lisa MacKenzie
Mrs. MacKenzie said three weeks have passed since she appeared before the Board with a complaint about an abutter’s rooster and nothing has changed. Her understanding was that a letter would be sent to the Chief of Police and it has not been done. Chairman Napoli said he spoke with Chief Miller, who explained that there are no noise bylaws within the town, and there is nothing the police or Animal Control can do about the rooster, especially if the animals are being raised for food. Chairman Napoli said the issue is outside of the purview of the Planning Board and the Board of Health. Member Magauran asked how barking dogs are addressed and was told there is no noise bylaw. Chairman Napoli had mentioned to Chief Miller that 13-15 dogs also were kept at the neighbor’s
property, which would require a commercial kennel permit. Mrs. MacKenzie has not yet spoken to the Animal Control officer about the dogs.
Mrs. MacKenzie used an assessor’s map to show the Board the location of her property and the abutting property.
Member Gonsalves asked Mrs. MacKenzie if she had notified the landlord/property owner of the problem and was told no.
Some towns in Massachusetts have attempted to ban or regulate roosters in residential areas; Mrs. MacKenzie described a website where she obtained the regulations. Chairman Napoli explained that the Planning Board does not have any authority in this complaint. Mrs. MacKenzie asked if a bylaw could be created; Member Magauran explained that even if it was within the Board’s purview the warrant for Spring Town Meeting is closed. Co-Chairman Winters described some civil alternatives that Mrs. MacKenzie might be able to pursue in addition to addressing the number of dogs with the Animal Control officer. She was also advised to check with the Town Clerk’s office for guidance in having an article appear on the warrant.
Moved by Co-Chairman Winters and seconded by Member Magauran at 9:00 p.m. to open the continued public hearing for revisions to stormwater requirements contained in the Subdivision Rules & Regulations. VOTE: 7-0-0
Discussion – 265 Wareham Street
Building Inspector Richard Marx was present to discuss conditions existing at 256 Wareham Street. Mr. Marx said huge piles of dirt and mulch are kept at the site, causing dirt to blow onto the abutting properties and silt to run off into the cove. A screening plant was also kept at the site but has since been moved. The property has always been used for storage of landscaping materials but at a smaller scale.
Mr. Marx said he can stop the screening process under Section 6.3 of the bylaw but he believes the entire site needs review by the Board. Member Magauran said the dust is an issue for the Board of Health; Mr. Marx said the runoff into the cove is currently being addressed by the Conservation Commission. Member Briggs said the Board could address a buffer to the abutting properties when the owner wants to change the use of the building.
Approval of Bills
Moved by Co-Chairman Winters and seconded by Member Crowley to approve payment of the bill for $500 from Professional Services Corporation. VOTE: 7-0-0
Moved by Co-Chairman Winters and seconded by Member McArdle to approve payment of the bill for $245 from Field Engineering. VOTE: 7-0-0
Moved by Co-Chairman Winters and seconded by Member Gonsalves at 10:20 p.m. to adjourn.
Respectfully submitted,
Patricia McArdle, Clerk
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