TOWN OF MARION
PLANNING BOARD
PUBLIC HEARING
SIPPICAN CAFÉ/JOE MONGER
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
Public Hearing – Special Permits – Sippican Café – 167-169 Spring Street, c/o Joe Monger
The public hearing notice was read into the record. Mr. Monger was present for the public hearing. Two Special Permits are being requested, one to allow a reduction in off street parking spaces and one to allow a reduction in driveway width. Mr. Monger said he is planning to construct a patio for outside seating and also a vestibule at the front entrance of the restaurant. The Fire Chief has submitted a memo voicing concern that the rear parking area does not provide room for emergency vehicle access to the rear of the building; Mr. Monger said he has made two attempts to discuss this with the Fire Chief and has not yet been able to speak with him. The bylaw requires that the driveway access be 24’ wide; a 12’ width is proposed. The new plan also proposes the demolition of
the structure at the rear of the building, which would provide 24 parking spaces. Mr. Monger said he has an agreement with John Sweeney, owner of the adjacent property, allowing him the use of 24 parking spaces (the agreement with Mr. Sweeny is verbal but can be put into writing). The memo from the Fire Chief was read into the record. Member McArdle noted that the Fire Chief did not voice concern when Mr. Monger submitted applications last year for a Special Permit and Site Plan approval; his comments from last year were read into the record.
Member Magauran suggested that no seating be allowed on the patio after 10:00 p.m.
Member McArdle noted that under the previous Special Permit request 40 parking spaces were required and 24 were provided; 60% of what was required. Under the current application 54 spaces are required and 30 are provided, 55% of what is required, and it doesn’t seem to be a big change.
Co-Chairman Winters said he wanted to be sure that the front parking area does not encroach onto the public right of way; Mr. Monger said the building itself is approximately 35’ from the property line and approximately 50’ from the edge of the street.
Co-Chairman Winters asked what the distance is between the fence the parking; he was told approximately 2’.
Mr. Monger said he had the site surveyed to determine the property lines. When the survey was done he realized that the proposed breezeway would encroach 6’ into the 35’ front yard setback. Review of the bylaw revealed that he would have to request from the Planning Board a Special Permit allowing a reduction in the front setback.
Winifred Sylvia, 165 Spring Street, said she did not have a problem with the proposed patio as shown on the drawing.
Moved by Member Magauran and seconded by Member Gonzalez to continue the public hearing to May 5 at 8:30 p.m. VOTE: 7-0-0
Respectfully submitted,
Patricia McArdle, Clerk
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