TOWN OF MARION
PLANNING BOARD
January 20, 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: Belmiro Barros
Carol Sanz
Leo Scarry
Mark Coltin
Fernando Sardinha
Jack O’Leary
Lucy Napoli
Commencement – Chairman Napoli called the meeting to order at 5:15 p.m. and explained meeting procedure.
Pre-submission Conference – Dunkin Donuts
Mr. O’Leary described the proposed site plan and building.
Moved by Vice-Chairman Winters and seconded by Member Magauran to waive the requirement for an environmental assessment, based on the existing site conditions. VOTE: 7-0-0
Moved by Member Magauran and seconded by Member Ryder not to waive the requirement for a stormwater drainage assessment. VOTE: 7-0-0
Moved by Member Magauran and seconded by Member Ryder not to waive the requirement for site plan details at this time. VOTE: 7-0-0
Moved by Vice-Chairman Winters and seconded by Member Magauran to defer a waiver on the setback until written counsel has been received from Attorney Witten. VOTE: 7-0-0
Moved by Member Magauran and seconded by Member Gonsalves not to waive the requirement for a public hearing. VOTE: 3-4-0 (vote to not waive – Member Magauran, Member Gonsalves, Member Crowley) (vote to waive – Member Ryder, Member McArdle, Chairman Napoli, Vice-Chairman Winters) – MOTION FAILED
Moved by Member McArdle and seconded by Member Ryder to waive the requirement for a public hearing. VOTE: 4-3-0 (vote to waive – Member Ryder, Member McArdle, Chairman Napoli, Vice-Chairman Winters) (vote to not waive – Member Magauran, Member Gonsalves, Member Crowley)
Moved by Member Magauran and seconded by Member Crowley to reopen the previous question. VOTE: 7-0-0
Moved by Member Crowley and seconded by Member Magauran to hold a public hearing. VOTE: 5-2-0 (Member McArdle, Vice-Chairman Winters opposed)
Moved by Vice-Chairman Winters and seconded by Member Magauran that abutters be notified. VOTE: 7-0-0
Moved by Member Magauran and seconded by Member Ryder that the application fee, not the review fees, be waived. VOTE: 7-0-0
Moved by Vice-Chairman Winters and seconded by Member Magauran that the requirement for a traffic study be waived subject to review by the Board’s traffic engineer. VOTE: 3-4-0 (in favor – Vice-Chairman Winters, Member Magauran, Member Crowley) (not in favor – Member McArdle, Member Ryder, Member Gonsalves, Chairman Napoli) – MOTION FAILED
Moved by Member McArdle and seconded by Member Gonsalves to waive the requirement for a traffic study and have no further review. VOTE: VOTE: 3-4-0 (in favor – Member McArdle, Member Ryder, Member Gonsalves) (not in favor – Vice-Chairman Winters, Member Magauran, Member Crowley, Chairman Napoli) – MOTION FAILED
Moved by Vice-Chairman Winters and seconded by Member Magauran that the requirement for a traffic study be waived at this time and that the plan be sent to the traffic engineer for review with respect to the stopping distances. VOTE: 6-1-0 (Member McArdle opposed)
Moved by Vice-Chairman Winters and seconded by Member Magauran to set a review fee of $2500. VOTE: 7-0-0
Moved by Vice-Chairman Winters and seconded by Member Magauran to send the plan to CIVITAS for architectural review subject to an opinion from Town Counsel. VOTE: 6-1-0 (Member McArdle opposed)
It was agreed that Mr. Motta will be asked to provide an opinion on the other waivers requested; the Board will make a decision on those requests at the February 2 meeting.
Approval of Minutes
Moved by Vice-Chairman Winters and seconded by Member Magauran to approve the minutes of the January 5, 2009 meeting as amended. VOTE: 7-0-0
Old/New Business
Moved by Vice-Chairman and seconded by Member Gonsalves to move the remaining agenda items (Master Plan update, revisions to FEMA map, and Ocean Initiative) to the February 2 meeting agenda. VOTE: 7-0-0
Discussion – Neighborhood Overlay District
Moved by Member Magauran and seconded by Member Ryder to accept the changes subject to approval by Town Counsel and also to hold a public hearing on the NOD on March 2. VOTE: 7-0-0
Moved by Vice-Chairman Winters and seconded by Member Crowley to adjourn at 6:55 p.m.
Respectfully submitted,
Jay Ryder, Clerk
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