TOWN OF MARION
PLANNING BOARD
April 27, 2009
MEMBERS PRESENT: Joseph Napoli, Chairman
Peter Winters, Vice-Chairman
Jay Ryder, Clerk
Julia Deane Crowley
Steve Gonsalves
Patricia McArdle
MEMBERS ABSENT: Thomas Magauran
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Ricky Pursley
Robert Alves
Carol Sanz
Ted North
John Rockwell
Annie Rockwell
Ron Barros
John Sweeney
Belmiro Barros
Lucy Napoli
Robert Field
Commencement – Chairman Napoli called the meeting to order at 7:22 p.m., announced that tonight’s meeting would not be televised, and explained meeting procedure.
Continued Public Hearing – Modification to Special Permit/Site Plan Review - 450 Wareham Street – Sardinha Family Trust, c/o Merrill Associates
The applicant was present for this meeting. He was represented by Attorney Leo Scarry, engineer Jack O’Leary, and architect George Haight. After discussion the applicant chose to move forward with the public hearing tonight.
Moved by Vice-Chairman Winters and seconded by Member Ryder to hold a Planning Board meeting on May 11 in lieu of the regularly scheduled meeting on May 18. The meeting will commence at 7:15 p.m. in the Main Conference Room. VOTE: 6-0-0
During the public hearing the following issues were addressed:
Building color
Elevations showing the following colors were submitted and discussed: Benjamin Moore Yosemite Sand (AC-4), Jackson Tan (HC-46), Nightshade (2116-10). Vice-Chairman Winters asked if the medium color (Jackson Tan) could be used as the main color with a light trim and was told yes. Mr. Haight said the owner and the design team prefer Yosemite Sand with Nightshade trim.
Carol Sanz said she is very concerned that the colors will not fit in well with the rest of the town.
Member Ryder noted that the Board’s consulting architect has submitted a written comment indicating that she does not object to any of the color combinations proposed.
Vice-Chairman Winters asked if two combinations showing light trim could be submitted to the Planning office; the applicant said no more combinations will be submitted. Vice-Chairman Winters asked if the lighter colors would be acceptable if the Board were to use any combination; the applicant’s answer was inaudible.
Landscape plan
Mr. O’Leary briefly described the landscape plan. He said the only revision in the plan is the position of the walkway from the sidewalk on Wareham Street to the front door of the building.
John Sweeney, Crapo Street, asked why the setback is being brought up if it was approved by the Board of Appeals; Vice-Chairman Winters explained that setback reductions in commercial projects are approved by the Planning Board. Mr. Sweeney suggested some additional trees at the sidewalk area in front of the parking area connecting to the adjacent lot at 454 Wareham Street. Alternatives to the proposed gate were discussed.
John Rockwell, Point Road, addressed the Board and discussed the following:
Signs - He said the bylaw allows for two signs at the site; the proposed project contains five.
Sidewalks - Mr. Rockwell explained previous plans and surveys relative to sidewalks in town. Mr. Rockwell requested that the Board insert a condition in the Special Permit attaching the D’Italia sidewalk easement and maintenance agreement requiring the same form of agreement prior to occupancy be executed with the Town of Marion and that they build it as they are told to build it. He requested a green strip and sidewalk beginning from the edge of the street.
Biodegradable products – Mr. Rockwell said the applicant has been stating that biodegradable products are not available and produced a cardboard cup from Dunkin Donuts.
Edward North, Cove Circle, addressed the Board and discussed biodegradable products, Dunkin Donuts disclosure agreements, and corporate branding (colors, building design).
Ron Barros, Point Road, noted that there are two Cumberland Farms across the street from each other and asked if that is a monopoly.
Bob Alves, County Road, asked if every business in town providing takeout service will be required to use biodegradable products if Dunkin Donuts is required to.
Carol Sanz, Front Street, asked if written comments from residents will be read into the record tonight. Member Ryder read comments from Dana Anderson, John Rockwell, and Annie Rockwell into the record. The comments were all dated April 21, 2009.
Mr. North asked if the store will be a “factory store” (bakery distribution store) and was told no.
Attorney Scarry said the applicant will not be making any further changes to the application as it stands now.
John Rockwell requested that the bylaw be observed and also that the sidewalk and street trees required in the Special Permit process be consistent with the town plan.
Carol Sanz voiced dismay that tonight’s meeting was not televised as some new ideas were expressed tonight.
Mr. North said he had submitted a list of documents the Board had the right to ask the applicant to provide (franchise agreement, disclosure document,)
Engineering Review
Robert Field was present tonight and briefly addressed parking, setback, and construction phase conditions.
BJ Barros addressed the “annex” parking area and said it’s an ideal area for local contractors to use during their coffee breaks. He said the applicant has worked hard to meet the requests of the town.
Moved by Vice-Chairman Winters and seconded by Member Gonsalves to close the public hearing on the Special Permit and site plan. The record will be left open for written submission Thursday, April 30, at 3:00 p.m. VOTE: 6-0-0
Moved by Vice-Chairman Winters and seconded by Member McArdle to adjourn at 9:30 p.m. VOTE: 6-0-0
Respectfully submitted,
Jay Ryder, Clerk
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