TOWN OF MARION
PLANNING BOARD
October 6, 2008
MEMBERS PRESENT: Joseph Napoli, Chairman
Peter Winters, Vice-Chairman
Julia Deane Crowley
Thomas Magauran
Steve Gonsalves
Jay Ryder, Clerk
Patricia McArdle
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Lucy Napoli
Eunice Manduca
Carol Sanz
Jack O’Leary
Fernando Sardinha
Attorney Leo Scarry
Attorney Mark Colton
Commencement - Chairman Napoli called the meeting to order at 7:25 p.m. and explained meeting procedure.
Minor Site Plan Review – The Wave, c/o Brad Silva
NOTE: Vice-Chairman Winters recused himself from this review and vote.
Mr. Silva submitted an application and proof of abutter notification. Questions about fire safety were sent anonymously to the Board; Chairman Napoli said he was disturbed that the sender did not have the courtesy to sign their name. The anonymous correspondence was read into the record and asked the following:
Will the tent be fire proof or made of fire retardant material?
Mr. Silva said the tent is fire retardant.
Will the tent be required to meet fire codes and have a sprinkler system extended from the main building?
Mr. Silva said he has spoken with the Fire Chief and was told the requirement for a sprinkler system does not apply in this case.
What type of heat is proposed and how will it be vented?
Mr. Silva said the tent will be used until December 1 only and if necessary Sperry Tents will add sides and a small heater.
Member Magauran said the questions will be passed to the Fire Chief.
Mr. Silva explained that he is requesting the use of a tent over the center of the patio seating area in an attempt to extend the restaurant’s outside seating season. The tent will be designed and installed by Sperry Tents and used on a seasonal basis from March 15 to December 1. Member Gonsalves said his only concern was snow load; Mr. Silva said the tent would be taken down in the event of a snow storm.
Carol Ditata, 385 Front Street, said she did not have a problem with a tent but she did have a problem with noise from the extended season. Member Ryder asked if the bands will be brought outside to the tent and was told no. Mr. Silva said at times there is a solo performer outside and this is the first time he has been made aware of a noise complaint. Member Magauran asked Mrs. Ditata if her neighbors have the same complaint. Mrs. Ditata said she has not discussed it with her neighbors although one of them likes the music and sits on the porch to listen to it during the day. Mr. Silva offered to meet with Mrs. Ditata in an attempt to resolve the issue. Member Crowley said it might be worthwhile for the town to own a decibel counter.
After discussion it was agreed the following procedure will be followed prior to the decision being stamped in by the Town Clerk:
Other Boards and departments will be notified of the decision of the Board.
The Chief of Police and Fire Chief will be contacted and asked for their comments.
The Building Inspector will be asked if he would have issued a building permit for the tent without review by the Planning Board.
Moved by Member Magauran and seconded by Member Ryder to approve the request subject to the following conditions:
The Fire Chief shall have the opportunity to review and approve the proposal.
The Chief of Police shall have the opportunity to review and approve the proposal.
The Building Inspector shall have the opportunity to review and impose additional conditions.
A plan showing the location of the seasonal tent and marked “as-built” shall be submitted to the Planning office.
The tent must be taken down by December 1 and is not allowed to be put up again until March 15. VOTE: 6-0-0
Old/New Business
Discussion – Jan Aarsheim – 119 Wareham Street
Mrs. Aarsheim said she would like to open a restaurant that would provide take-out food and have a small number of seats. The space she is considering is located at 119 Wareham Street. She has been told that this would require Special Permits allowing a fast food use and also a reduction in parking requirements. Mrs. Aarsheim said there are three or four parking spaces available at the Point Road end of the site and a large number of spaces in the parking area at the other end of the site. She was told the property owner does not have an occupancy permit for that space. Member Gonsalves told Mrs. Aarsheim the shell area at the Point Road corner is temporary and absolutely no parking is allowed there or on the walkway along Route 6. She asked if there was a chance that limited
parking might be allowed there in the future and was told no as it’s too close to the corner.
Discussion – Dunkin Donuts – 450 Wareham Street
Attorney Scarry provided the following information to the Board:
In 2000 the applicant submitted a site plan to the Planning Board; the plan was approved with conditions. At that time a Special Permit allowing fast food restaurant was required from the ZBA; the Special Permit was denied and an appeal was taken to the Superior Court. There were subsequent hearings before the Planning Board and there were three appeals to denials by the Board; they are all pending before the Superior Court. The ZBA and the applicant have arrived at a settlement, which included reducing the density to one building, providing a parking easement to the abutting (Santoro’s) restaurant.
Mr. O’Leary described the revised plan and architectural drawings and compared them to the items submitted in 2000.
Board members discussed what will be required at this point and what procedure the Board should take. It was noted that the Board has not yet seen a copy of the settlement agreement. Attorney Colton said the agreement is still being worked on, is being held in escrow, and is not a final document at this time. He said the Planning Board is requested to treat the new site plan as an amendment of the prior plan. The conditions issued by the Board at that time will be adhered to by the applicant. Vice-Chairman Winters asked if the Special Permit allowed by the ZBA is for a drive-through and also for fast food and was told yes. Attorney Colton said what was applied for and what was denied was a request to construct and operate a fast food restaurant with drive up window service. Member
Magauran asked if the 2000 site plan is still relevant. It was agreed that Attorney Witten will be asked to provide an opinion on the necessary procedure. The applicant will meet with the Board on October 20 at 7:30 p.m.
Moved by Vice-Chairman Winters and seconded by Member Gonsalves to empower Chairman Napoli to seek a copy of the agreement from Town Counsel and also an opinion from Town Counsel as to what are the parameters within which the Board can work and what the procedure should be, prior to the next meeting. VOTE: 7-0-0
The Board discussed whether the 2000 site plan is still a valid plan.
Discussion - Comments to ZBA – Marion Alternative Energy Committee
Board members reviewed and discussed the request. The application is for a Special Permit to allow the installation of a meteorological tower at Great Hill to measure wind resources.
Moved by Vice-Chairman Winters and seconded by Member McArdle to have no comment. VOTE: 7-0-0
Discussion - Comments to ZBA – 119 Wareham Street
Board members reviewed and discussed the request. The application is for a Comprehensive Permit to allow six dwelling units, two of which will be designated affordable, on the second level of the building. The following issues were addressed:
Parking at the Point Road end of the building
Parking on the walkway along Route 6
Failure of maintenance and growth of the vegetation
Incompletion of the site plan
The temporary nature of the shell driveway due to the installation of a water main for the second level units
Moved by Vice-Chairman Winters and seconded by Member Magauran to make the following comments to the ZBA:
The Planning Board recommends as many affordable units as possible
The Planning Board has had problems enforcing the completion of landscaping at the site
There is no parking allowed along Wareham Street or on the Point Road end of the site All parking is required to be in the parking area on the northeast side of the premises
The curb cuts along Route 6 should be filled in
The Certificates of Occupancy for the residential units should be conditional upon completion of the site plan. VOTE: 7-0-0
Approval of meeting minutes – September 15, 2008
Moved by Member Ryder and seconded by Member Gonsalves to approve the minutes as written. VOTE: 7-0-0
Approval of bills
Moved by Vice-Chairman Winters and seconded by Member Magauran to approve payment of the bill from Field Engineering (Inv. #6555, dated 9/15/08) in the amount of $210 for an onsite meeting at the Baldwin Brothers property.
Moved by Member Ryder and seconded by Member McArdle to adjourn at 9:25 p.m. VOTE: 7-0-0
Respectfully submitted,
Jay Ryder, Clerk
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