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01/05/09
TOWN OF MARION
PLANNING BOARD
January 5, 2009

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:           Eunice Manduca
Carol Sanz
Ken Souza
Glenn Amaral
Andrea Smith
John Sweeney
Leo Scarry
Mark Coltin
Joseph Moura
Fernando Sardinha
George Haight
Jack O’Leary
Lucy Napoli
Will Manning
Robert Wedge

Commencement – Chairman Napoli called the meeting to order at 7:25 p.m.

ANR Plan – 16 Bay Road, c/o GAF Engineering
NOTE:  Co-Chairman Winters recused himself from this discussion and vote.  
The applicant was represented by Glenn Amaral.  The property is located on Map 2, Lots 58 and 59A; Mr. Amaral explained that the plan was prepared to show the Assessors office the entire parcel.  

Moved by Member Magauran and seconded by Member Ryder to endorse the ANR plan for 16 Bay Road.  VOTE:  6-0-1 (Co-Chairman Winters abstained)

NOTE:  Subsequent to the above referenced vote Vice-Chairman Winters joined the meeting.  

Discussion – Dunkin Donuts
Board members reviewed an unsigned copy of the settlement agreement submitted by Attorney Coltin.
Tonight the Board will be voting whether the changes in the most recent plan are major or minor.   During the discussion the following issues were addressed:
Responsibilities of the Board
Changes that have been made to the plan
Architecture of the proposed building
Information contained in previous traffic studies
Site plan review process
Procedural requirements

Robert Wedge, chairman of the Board of Appeals, said a traffic study was submitted to his Board eight years ago.  He said the Board of Appeals has been advised by Town Counsel that the applicant will probably win the case if it continues through the court system.    

Moved by Member Crowley and seconded by Member Magauran that the changes to the site plan are major.  VOTE:  7-0-0

Subsequent to the vote it was agreed that the applicant will come back before the Board on Tuesday, January 20, at 5:00 p.m. for a pre-submission conference.  The applicant was asked to submit a Form 4A and list of requested waivers prior to the meeting.  

Chairman Napoli said the Board is trying to expedite the process and will do justice to the job.  

Discussion – Neighborhood Overlay District
A density of eight units per acre was agreed upon; Vice-Chairman Winters said he would have the proposed language ready at the next meeting.  

Discussion – Annual Report
A draft report was distributed; it was agreed that members would review the report and submit revisions to the Planning office.

Approval of Minutes
Moved by Member Ryder and seconded by Member Magauran to accept the minutes of the December 15, 2008 meeting as amended.  VOTE:  7-0-0

Discussion – Coolmar Waterfront Compound
Attorney Schaefer is preparing deeds for the subdivision; when reviewing the approval language he noted the inclusion of the word “conservation”.  He believes it is not necessary and wants to leave it out of the deeds.  Board members agreed that the word is probably not necessary.  Attorney Witten will be contacted and asked to verify that the word can be left out of the deeds.

Moved by Member Magauran and seconded by Member Ryder to remove the word “conservation” subject to approval by Town Counsel.  VOTE:  7-0-0

The Police Station Building Committee is seeking a representative from the Planning Board; Member Ryder volunteered to serve as representative.   
Moved by Member Ryder and seconded by Member Magauran to adjourn at 9:00 p.m.  VOTE:  7-0-0
  
Respectfully submitted,



Jay Ryder, Clerk