TOWN OF MARION
PLANNING BOARD
February 2, 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: Lincoln Miller
Fernando Sardinha
Jack O’Leary
Michael Thompson
Carol Sanz
Eunice Manduca
Lucy Napoli
Dale Jones
Christopher Garcia
Rick Pomroy
Commencement – Chairman Napoli called the meeting to order at 7:20 p.m. and explained meeting procedure.
ANR Plan – 275-283 Front Street, c/o Thompson-Farland Engineering
The applicant was represented by Michael Thompson. The property is owned by Tabor Academy and is located on Map 13, Lot 13. The parcel has two dwellings on it and the plan shows the parcel divided into two equal lots.
Moved by Member Magauran and seconded by Member Ryder to endorse the ANR plan. VOTE: 7-0-0
Pre-submission Conference – Police Station
Chief Miller, engineer Christopher Garcia, project manager Rick Pomroy, and Building Committee Chairman Dale Jones were present to discuss the project. The project is proposed to be sited on a 1.35 acre parcel and will include a 9990 square foot building with 21,500 square feet of drives and walkways and 30 parking spaces. Construction is anticipated to begin in June or July with a completion date of July, 2010. Waivers are requested for an environmental assessment, traffic impact study, and application fees.
Mr. Garcia briefly described the plan.
Member Crowley asked if the building will contain holding cells and was told it will have three.
Member McArdle asked what the distance would be from the parking area to the public entrance and was told approximately 40’.
Member Ryder asked if the Community Center will be part of the bidding process and was told yes. Mr. Pomroy said the site has been designed to accommodate additional construction at a later time.
Member Magauran said drainage will be particularly challenging at this site and recommended third party interaction relative to optimizing storm water.
Vice-Chairman Winters asked if the rear parking area will be segregated off with a chain link fence all around it or at the end; he was told a gated entrance is being considered as an option. The dumpster area will be enclosed and there will also be two enclosed parking spaces for impounded vehicles. He asked if the number (28) of parking spaces proposed at the rear of the site could be reduced and was told that area will be used for employee parking, cruiser parking, and any overflow parking that might be required.
Member Magauran noted the amount of asphalt and said any landscaping that could be used to reduce the heat island effect would be to everybody’s benefit.
Mr. Garcia said a landscape plan is not ready at this time.
Vice-Chairman Winters asked how much fill is proposed and was told those calculations have not been done yet.
Member Magauran said the Board probably would not object if the applicant wanted to move the building closer to the street
Eunice Manduca asked if the site is opposite the transfer station and was told it is opposite Benson Brook Road.
Carol Sanz asked about the entrance; Mr. Garcia described the entrance, parking area, walkway and entrance to the building. She asked why the applicant is requesting that the Board waive the environmental assessment and traffic study. Mr. Garcia said the environmental assessment waiver is requested because there are no wetlands on the site and there will be no significant impact to groundwater. Mr. Pomroy said the traffic impact will not be as much as would be expected from a commercial property.
John Sweeney asked about the site location and land contours. He was told it will be located on Route 6; there is a dirt road from the back of the Fire Station up to Route 6 that will be paved and used for access. Mr. Sweeney asked the size of the site and was told 1.35 acres. He asked what the frontage on Route 6 is and was told 300’. He asked what the frontage was on Spring Street and was told the site does not abut Spring Street. He asked if the access lane is a right of way and was told yes. He asked the name of the land from Spring Street to the site and was told it’s an access easement owned by Tabor Academy. He asked about the contours; Mr. Garcia said there is a 5’ elevation change from the front of the site to the back.
Robert Wedge asked if the Planning Board has a standard for underground utilities (electric, fiber optic, etc.) for new construction. Member Magauran said the Planning Board does not have that standard but any new utilities are underground. Mr. Garcia said that all utilities will be underground.
Carol Sanz asked why three holding cells are proposed. Chief Miller explained that male and female prisoners are required to be held in cells with sight and sound separation and there will be times when all three cells will be in use.
Robert Wedge, speaking in his role as chairman of the ZBA, advised the applicants that their site engineer should locate exactly where the proposed communication tower will be.
Norman Hills noted that the site is treed and asked if the applicant proposes to clear cut it or work around what is there. Chief Miller said Tabor Academy has offered to clear the land prior to turning it over and they will be working with the site plan to determine which trees could remain. He said he has been in contact with Margie Baldwin of the Tree Planting Committee and asked for their assistance once the landscape architect gets involved.
Eunice Manduca asked if the building will be on a slab or have a basement. Mr. Garcia said it’s proposed to be on a concrete slab on grade but an alternate with a partial basement for storage is being considered.
Member Magauran told the applicant that the Board would appreciate any attempt they would make in containing the light on the property.
Norman Hills asked if energy efficiency is being incorporated in the design and construction and was told yes.
Member McArdle said it seemed difficult for the public to gain quick access to the building from the parking lot.
Mr. Pomroy asked if the third party review could be moved forward immediately and was told yes.
Board members discussed holding a public hearing in the Music Hall, with other Boards participating.
Member Crowley asked if a cell tower was planned and was told it will be a communication tower.
Moved by Vice-Chairman Winters and seconded by Member Gonsalves to waive the application fee based on the fact that the proposal is a municipal project and the fees would come from Town funds. VOTE: 7-0-0
Moved by Vice-Chairman Winters and seconded by Member Magauran to waive the environmental assessment based on the fact that the site is not in a coastal flood zone, wetlands, or water supply district. VOTE: 7-0-0
Moved by Vice-Chairman Winters and seconded by Member Magauran to reserve the right to waive certain site plan details based on what the Board’s engineer advises. VOTE: 7-0-0
Moved by Vice-Chairman Winters and seconded by Member Magauran to waive the requirement for a traffic study and suggest that the sight lines and stopping distances be provided. VOTE: 7-0-0
Moved by Vice-Chairman Winters and seconded by Member Magauran to have a public hearing with abutter notification. VOTE: 7-0-0
Old/New Business
Discussion – Dunkin Donuts
Memos from Attorney Witten and Mr. Motta were reviewed and discussed.
Member Magauran said he wanted to point out some challenges and make some suggestions that might help resolve them in a forthright and amicable way. He stated that there are some people in town who support Dunkin Donuts as a business but from the Planning Board’s standpoint that’s irrelevant. He said the applicant has a legitimate right to open the business and the Board is at a point to do the best they can to make the best of the project for the town. He is looking for the Board’s permission to pursue this with the applicant.
Member Magauran suggested some changes to the site plan, including the addition of a second curb cut, repositioning the building and moving it closer to the street, the addition of a pathway leading from the site to Spring Street, and revisions to the drainage.
Member McArdle said the changes would be similar to starting the project from scratch and would undermine all of the work that has been done on the project.
Member Gonsalves said he is happy with the plan the way it is.
Mr. O’Leary stated the following:
The pathway to Spring Street is not something the applicant wanted to consider;
It would be very difficult to add a second driveway to the site;
Repositioning the building would result in the drive up window being on the passenger side of cars.
Member Ryder said he was in agreement with the overall concept of moving the building closer to the street and suggested the use of signage in place of a second driveway. He did not voice support for the pathway to Spring Street.
Vice-Chairman Winters said some of Member Magauran’s suggestions were legitimate and would make for a better project and suggested he communicate with the applicant to discuss them further. He stated that he did not support a large drainage pit, voiced concern for the heat island effect, and said he believed that cars waiting in the drive through line would block cars in the parking area.
John Sweeney voiced concern for the proposed drainage pit, describing it as a “mosquito hole” and “ugly.” He stated that the proposed drive through line should stay as it appears on the plan. Mr. Sweeney said the applicant has been generous in providing an easement to the abutting restaurant and should not be held hostage to existing conditions at that site. He supported some type of walkway from the site to Spring Street.
Mrs. Crowley reminded the Board that abutters had voiced opposition to the walkway when it was proposed in previous applications. Chairman Napoli said Ryder Lane is the he first access to Route 6 from Tabor Academy.
Moved by Vice-Chairman Winters and seconded by Member Ryder to allow Member Magauran to speak directly with the applicant, if the applicant so desires. VOTE: 6-0-1 (Member Magauran abstained)
Member Crowley asked if the applicant would still agree to contribute a small but regular sum of money for the cleaning up of litter associated with Dunkin Donuts; this agreement was made during a previous application.
Moved by Vice-Chairman Winters and seconded by Member Ryder to accept the recommendations of Mr. Motta, with the exception of Item #2 (Section 4.2.f) and Item #3 (Section 5.1.d). VOTE: 7-0-0
Moved by Vice-Chairman Winters and seconded by Member Ryder to contact Saltonstall Architects and ask if they can review the architectural drawings. If they are unavailable Anthi Frangiadis will be contacted and asked to review the drawings. VOTE: 7-0-0
Old/New Business
Discussion – Master Plan Update
Attorney Witten has reviewed the RFP for the Master Plan update and recommends more specificity. Vice-Chairman Winters suggested the following: location of affordable senior housing, location of future municipal services (buildings, water supply tanks, library, new senior center, center for Fire and Emergency, designated evacuation areas, location of recreational land, beach and harbor access points, location of nodal development, and what should be included in those. Member Magauran said the new FEMA maps should be taken into consideration.
Discussion – Revisions to FEMA map and impact to sewer policy
Discussion – Ocean Initiative
Moved by Vice-Chairman Winters and seconded by Member Ryder to pass over the agenda items relative to the FEMA map and Ocean Initiative. VOTE: 7-0-0
Approval of Minutes
Moved by Vice-Chairman Winters and seconded by Member Gonsalves to approve the minutes of the January 20, 2009 meeting as written. VOTE: 7-0-0
Moved by Member McArdle and seconded by Member Magauran to adjourn at 9:30 p.m.
Respectfully submitted,
Jay Ryder, Clerk
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