TOWN OF MARION
PLANNING BOARD
November 3, 2008
MEMBERS PRESENT: Joseph Napoli, Chairman
Julia Deane Crowley
Thomas Magauran
Steve Gonsalves
Jay Ryder, Clerk
Patricia McArdle
MEMBERS ABSENT: Peter Winters, Vice-Chairman
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Lucy Napoli
Christian Farland
Andrea Smith
Will Saltonstall
John Sweeney
Susan Nilson
Christian Farland
Commencement - Chairman Napoli called the meeting to order at 7:20 p.m.
ANR Plan - 31 Beach Street, c/o Thompson Merrill Engineering
The applicant was represented by Christian Farland. The plan combines two lots into one. Member Magauran asked if the homeowner understood the permanence of the combination of the lots and was told yes.
Moved by Member Magauran and seconded by Member McArdle to approve the plan as presented. VOTE: 6-0-0
ANR Plan – 493 Point Road, c/o Thompson Merrill Engineering
The applicant was represented by Christian Farland. The plan shows the combination of two parcels into one. In addition, a small portion of an abutting lot will be combined into the new parcel. Mr. Farland said the property owners understand that the plan will result in the loss of one buildable lot.
Moved by Member Magauran and seconded by Member Ryder to approve the plan as presented. VOTE: 6-0-0
Pre-Submission Conference – Wareham Street (Map 11, Lot 68B), c/o CLE Engineering
NOTE: Member Gonsalves did not participate in the voting associated with this project.
The applicant was represented by Susan Nilson. The project will involve the construction of an 8200 square foot office facility and associated site work. The property is approximately 105 acres containing approximately 5.3 upland acres. Architect Will Saltonstall described the proposed one story, L-shaped structure.
Member Crowley asked if the land is owned by the Sippican Lands Trust and was told no. She was told the owner is the Marion Lands Trust, LLC, a private entity.
Board members reviewed the request for waivers.
Moved by Member Magauran and seconded by Member Ryder to waive the requirement for an environmental assessment. VOTE: 5-0-1 (Member Gonsalves abstained)
Moved by Member Magauran and seconded by Member Ryder to waive the requirement for a traffic impact study with the understanding that one might be required in the future. VOTE: 4-0-2 (Member Crowley and Member Gonsalves abstained)
Moved by Member Magauran and seconded by Member Ryder to require $3000 for review fees. VOTE: 5-0-1 (Member Gonsalves abstained)
Discussion – Dunkin Donuts
At the applicant’s request, the presubmission conference will be on November 17. Member Magauran said he has been told by Town Counsel that the settlement will require the submission of a site plan to the Planning Board. Additionally, any Special Permits beyond those included in the settlement agreement will require Planning Board approval. Board members discussed their interpretations of information presented by the applicant at a previous meeting.
Audience member John Sweeney described a newspaper article he read recently and asked what the permitting process will be. Chairman Napoli and Member Magauran explained the history of the project, the settlement process, and the requirements associated with site plan review.
Old/New Business
Discussion – Potential Pier Project – 35 East Avenue, c/o CLE Engineering
Susan Nilson was present for this discussion. The property has an existing 50’ floating dock system consisting of a timber gangway and a series of timber floats that extend into the water. The property owners are considering one pile supported span to the outer float in place of the series of timber floats; Ms. Nilson said the Harbormaster supports this concept. The lot does not meet the current zoning requirements and Ms. Nilson is before the Board for their input (would the project be considered new construction or the reconstruction of an existing structure) prior to submitting an application. Member Gonsalves said the proposal would be an improvement from an environmental standpoint. Ms. Nilson said the project will require review from the Conservation Commission, Chapter 91, and
the Army Corps of Engineers.
After discussion it was agreed that the Board considered the project the reconstruction of an existing structure and that it was a Building Department issue.
Comments to ZBA – 814 Mill Street/Correia
Board members reviewed and discussed the application.
Moved by Member Ryder and seconded by Member Magauran to request further clarification prior to submitting comment. VOTE: 6-0-0
Village Overlay District – Subcommittee Report
The report of the subcommittee was read into the record. In the report it was stated that the new FEMA maps impact 80%-90% of the proposed Village Overlay District (VOD). The Building Inspector has informed the subcommittee that the Marion map may have been compromised and the town might have until April, 2010 to adopt the map. Due to the restrictions this would impose on new and existing construction, the subcommittee is requesting guidance from the Board relative to continuing work on the VOD. Mr. Marx is in the process of getting an overlay showing the location of the proposed VOD on the new FEMA map. After discussion it was agreed to curtail further investigation, wait for Mr. Marx’s maps, and when they become available provide them to property owners in the VOD.
Approval of Minutes
Moved by Member Ryder and seconded by Member Gonsalves to accept the minutes of the October 20, 2008 meeting as written. VOTE: 6-0-0
Approval of Bills
Moved by Member Magauran and seconded by Member Ryder to approve payment of the bill from Field Engineering ($210) for review of the Kittansett Club maintenance facility. VOTE: 6-0-0
Moved by Member Magauran and seconded by Member Ryder to approve payment of the bill from Field Engineering ($1260) for review of the Little Neck Village expansion. VOTE: 6-0-0
Moved by Member Ryder and seconded by Member Gonsalves to adjourn at 9:15 p.m. VOTE: 6-0-0
Respectfully submitted,
Jay Ryder, Clerk
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