TOWN OF MARION
PLANNING BOARD
May 4, 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
Albin Johnson
John Sweeney
Lucy Napoli
Ed North
Carol Sanz
John Rockwell
Annie Rockwell
Leo Scarry
Jack O’Leary
Commencement – Chairman Napoli called the meeting to order at 7:23 p.m.
Discussion – Modification to Special Permit/Site Plan Review - 450 Wareham Street – Sardinha Family Trust, c/o Merrill Associates
The public hearing for this application was closed at the April 27 meeting. Vice-Chairman Winters said he and Attorney Witten have discussed the comments of Mr. North relative to the franchisee/franchisor relationship. Attorney Witten has told him that the real party in interest is the applicant and in the event that Dunkin Donuts takes over the site they would still be subject to the same conditions of the Special Permit. Draft decision language was reviewed and discussed. During the discussion the following issues were addressed:
Front Setback – Mr. Motta has noted that three different front setbacks (17’, 26’, 29’) are referenced; the correct setback is 26’.
Building and Sign Color – It was agreed that the building should be gray, Yosemite Sand, or Jackson Tan with white or off-white trim and the sign should be a matching color.
Signs – Five signs are proposed, two signs are allowed under the bylaw. It was agreed that signs will be required to be consistent with the bylaw. One freestanding sign and one wall- or roof-mounted sign will be allowed. The face of the signs will be required to be Benjamin Moor Radicchio (red) with gold leaf lettering.
Biodegradable products – The applicant will be required to use biodegradable products if and when they become available through the franchise.
Deliveries – Deliveries by semi-tractor trailers will be limited to between the hours of 9:00 a.m. and 4:00 p.m. and 8:00 p.m. and 11:00 p.m. Deliveries of baked products will be by box truck and will not be allowed before 5:00 a.m.
Hours of Operation – The hours of operation will be 5:00 a.m. to 10:00 p.m.
Adjacent parking area – Employee parking will be at the parking area adjacent to 454 Wareham Street.
Screening at adjacent lot - It was agreed that screening at 454 Wareham Street will not be required.
Walkway to adjacent property – The walkway connecting the site to 454 Wareham Street will be required to be concrete. A plan for the maintenance of the walkway will also be required.
Additional Trees – Two additional London plane trees will be required at the end of the site approaching 454 Wareham Street.
Parking and Seating – 29 parking spaces, 40 inside seats and 12 outside seats are proposed.
Lighting – An additional light will be required along the walkway to 454 Wareham Street.
Lighting fixtures – It was agreed to require lighting fixtures that will match the architectural character of the village.
Logos – Logos will not be allowed on the signs or on the sides of the building.
53G Account – No Certificate of Occupancy will be issued until funds to pay outstanding 53G account invoices have been deposited into the Planning Board’s account.
Landscaping bond – A maintenance bond in the amount of $10,000 will be required for a period of three years to insure a 90% survival rate of the plantings.
Construction phase supervision – Recommendations of Field Engineering relative to supervision during the construction phase were included in the site plan conditions.
Additional curb cut – It was agreed that language relative to an additional curb cut would not be included in the decision.
Gate – The gate shown on the site plan will be required to be constructed according to the undated elevation submitted at the March 16 meeting.
Setback – The building setback will be as shown on the site plan (26’).
It was agreed that all terms of the Special Permit will be incorporated into the site plan conditions.
Moved by Member Gonsalves and seconded by Member Ryder to approve the Special Permit as amended with the decisions and conditions as discussed. VOTE: 6-0-0
Moved by Member Gonsalves and seconded by Vice-Chairman Winters to approve the site plan as discussed. The Board agrees to give the Chairman the discretion to amend the conditions if determined necessary by the engineer or Town Counsel. VOTE: 6-0-0
Old/New Business
Payment of Bills
Moved by Vice-Chairman Winters and seconded by Member Gonsalves to approve payment of Field Engineering Invoice #6942 ($1601.25, Dunkin Donuts) VOTE: 6-0-0
Moved by Vice-Chairman Winters and seconded by Member Ryder to seek clarification on the lower hourly rate included in Field Engineering Invoice #6943 ($1346.17, Police Station) VOTE: 6-0-0
Comments to ZBA – Rosen Point Family Limited Partnership – 94 Piney Point Road
Board members reviewed and discussed the variance application.
Moved by Vice-Chairman Winters and seconded by Member McArdle to make no comment. VOTE: 6-0-0
Moved by Member Ryder and seconded by Member Gonsalves to adjourn at 10:35 p.m.
Respectfully submitted,
Jay Ryder, Clerk
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