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10/20/08
TOWN OF MARION
PLANNING BOARD
October 20, 2008

MEMBERS PRESENT:        Joseph Napoli, Chairman
Peter Winters, Vice-Chairman    
Julia Deane Crowley  (7:25 p.m.)
Thomas Magauran  (7:30 p.m.)
Steve Gonsalves
        Jay Ryder, Clerk
        Patricia McArdle  (7:30 p.m.)

BOARD SECRETARY:        Debra Paiva

ALSO PRESENT:           Lucy Napoli
Eunice Manduca
Carol Sanz
Albin Johnson

Commencement - Chairman Napoli called the meeting to order at 7:20 p.m. and explained meeting procedure.  

Old/New Business
Approval of Minutes
Moved by Member Ryder and seconded by Vice-Chairman Winters to approve the minutes of the September 28, 2008 meeting as written.  VOTE:  5-0-0

Moved by Member Ryder and seconded by Member Gonsalves to approve the minutes of the October 6, 2008 meeting as written, including the addition of Member Magauran in the blank space.  VOTE:  5-0-0

Village Overlay District
The subcommittee will be having their first meeting on Wednesday.     

The Wave
The minor site plan approval issued at the October 6 meeting has not yet been signed or submitted to the Town Clerk for the following reasons:.
The Fire Chief has submitted a memo to the Planning Office indicating that the restaurant is in violation of sprinkler system requirements and will not be issued any permits.  
Mr. Silva has not come to the Planning Office and completed the application.  

119 Wareham Street
The property owner has installed a chain in an attempt to prohibit parking on the walkway.  It was noted that cars are still parked on the sidewalk.  Member Magauran stated that the parking will remain a problem until the curb cuts are closed and the landscaping is completed.  The Building Inspector has been working with Mr. D’Italia to have him meet compliance with the site plan.

Discussion - Dunkin Donuts
The applicant was not present for this discussion.  They will be coming before the Board at the November 3 meeting.  
Board members discussed the difference between a minor revision to a site plan and a major revision to a site plan.  It was agreed to ask Town Counsel to provide a written opinion explaining if the previously approved site plan is still valid.  The settlement agreement between the ZBA and applicant is still in draft form.  It was agreed to ask the applicant to provide a written list of the differences between the plan that was previously approved by the Planning Board and the settlement plan.  Audience member Albin Johnson requested a copy of the previously approved plan and was told one would be provided to him.  He asked if the new plan has been approved by the ZBA and was told yes.

Discussion – SRPEDD – Priority Development/Priority Protection Areas – Southcoast Rail Conference
Gregg Guimond of SRPEDD was present for this discussion.  He explained that SRPEDD will be working in conjunction with the Southcoast Rail project and the Southeastern Massachusetts Commuter Rail Task Force to identify which areas are best for development and which are best to be protected.  
Mr. Guimond had maps showing water resources (ground water, well sites, flood plains), biodiversity, priority and estimated habitats, biocore, natural communities, intermittent streams, rivers, lakes and ponds, permanently protected 61A and 61 properties, developed properties, and wetlands.  The maps were based on aerial photos from 2005.  

During the discussion the following issues were addressed:
Transfer Development Rights (TDR)
Proposed location of rail stops and what impact they might have on the town
Infrastructure for the expansion
Funding the expansion
Availability of development funding or preservation funding
Impact on abutting communities
  
Moved by Member Ryder and seconded by Member Gonsalves to adjourn at 9:10 p.m.  VOTE:  7-0-0

Respectfully submitted,



Jay Ryder, Clerk