TOWN OF MARION 
PLANNING BOARD 
REGULAR MEETING 
July 7, 2008 
 
MEMBERS PRESENT:        Peter Winters, Vice-Chairman     
                                Thomas Magauran  
Julia Deane Crowley 
Jay Ryder, Clerk 
Patricia McArdle 
Steve Gonsalves 
 
MEMBERS ABSENT: Joseph Napoli, Chairman 
 
BOARD SECRETARY:        Debra Paiva                              
 
ALSO PRESENT:           John Witten 
Eunice Manduca 
                                Carol Sanz 
                                                                                                 
Commencement – Vice-Chairman Winters called the meeting to order at 7:25 p.m.  
 
Approval of Minutes – June 16, 2008 
Moved by Member Magauran and seconded by Member Gonsalves to approve the June 16 minutes as amended.  VOTE:  6-0-0  
 
Payment of bills 
Moved by Member Magauran and seconded by Member Gonsalves to approve payment of invoice #6329 (Kittansett Club) from Field Engineering in the amount of $1260.  VOTE:  6-0-0 
 
Moved by Member Magauran and seconded by Member Gonsalves to approve payment of invoice #6330 (Baldwin Brothers) from Field Engineering in the amount of $420.  VOTE:  6-0-0 
 
Encumbrance of funds 
Moved by Member Magauran and seconded by Member Crowley to encumber up to $1000 in funds for Attorney Witten and Mr. Motta to provide consulting services for the upcoming Neighborhood Overlay District meeting.  VOTE:  6-0-0   
 
Discussion – Neighborhood Overlay District 
Attorney Witten was present for this discussion.  Vice-Chairman Winters said the Board is planning an informational Neighborhood Overlay District meeting.  During the discussion the following items were addressed: 
Date, time, location - July 30, 7:00 p.m. to 8:30 p.m., at the Music Hall  
Meeting process – Board presentation, question and answer session with Attorney Witten and Mr. Motta  
Notice of the meeting - Property owners within the proposed overlay will be sent notice of the meeting, as will abutters within 100’.  A press release will be prepared this week. 
Reasons for opposition to the overlay 
Requesting input prior to the meeting 
Inviting other Boards to the meeting 
   
Discussion – Master Plan Update 
Board members and Attorney Witten discussed updating the Master Plan.   
 
Old/New Business 
 
Comments to ZBA – 2 Main Street (Case #620) 
The application was reviewed and discussed. 
Moved by Member Magauran and seconded by Member Ryder that the Board has no comment.  VOTE:  6-0-0 
 
Comments to ZBA – 2 Main Street (Case #621) 
The application was reviewed and discussed. 
Moved by Member Magauran and seconded by Member Ryder that the Board has no comment.  VOTE:  6-0-0 
 
Comments to ZBA – 23 Cross Street 
The application was reviewed and discussed. 
Moved by Member Magauran and seconded by Member Ryder to make the following comment:  If there is information that the Planning Board does not have that would validate the request for a hardship perhaps a variance is in order but a Special Permit certainly does not apply in this case.  VOTE:  6-0-0 
 
Comments to ZBA – 21 South Street 
The application was reviewed and discussed. 
Moved by Member Magauran and seconded by Member Crowley to make the following comment:  The Board has no comment on the request relative to the dwelling.  However, the ZBA might want to consider requesting that the shed renovation eliminate the encroachment onto the abutting property.  VOTE:  6-0-0 
 
Comments to ZBA – 309 Front Street 
The application was reviewed and discussed. 
Moved by Member Magauran and seconded by Member Gonsalves to make the following comment:  The application should have been filed under Section 6.1.3 and the applicant also needs a Planning Board determination as to Site Plan Review.  VOTE:  6-0-0 
 
Moved by Member Magauran and seconded by Member Ryder at 8:35 to enter into Executive Session to discuss ongoing litigation.  The Board will not reconvene after Executive Session.  After a unanimous roll call vote the Board entered into Executive Session.  VOTE:  6-0-0   
 
Respectfully submitted, 
 
 
 
Jay Ryder, Clerk 
 
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