TOWN OF MARION
PLANNING BOARD
June 1, 2009
MEMBERS PRESENT: Joseph Napoli, Chairman
Jay Ryder, Clerk
Steve Gonsalves
Patricia McArdle
Thomas Magauran
John Sweeney
MEMBERS ABSENT: Julia Deane Crowley
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Ricky Pursley
Lucy Napoli
Eunice Manduca
Steve Grima
Christian Farland
John Ludes
Commencement – Chairman Napoli called the meeting to order at 7:20 p.m. and welcomed new member John Sweeney to the Board. Peter Winters was thanked for the many contributions he made during his years on the Board.
Steve Grima – Extension of time for site work at Baldwin Brothers
Mr. Grima submitted a letter, dated June 1, which was read into the record. On September 17, 2008 the Board voted to grant a nine month extension for the construction of the 150’ of sidewalk shown on the approved site plan for Phase I of the project. Mr. Grima is requesting that the applicant be allowed to defer construction of the sidewalk until Phase II has been designed and constructed. Member Ryder asked how long it will be until Phase II is constructed and was told approximately three years.
Moved by Member Magauran and seconded by Member Ryder to grant an extension for the construction of the sidewalk. The extension is granted until the first Monday of June, 2010. VOTE: 6-0-0
Steve Grima - Land swap
Mr. Grima discussed a potential land swap involving two properties located on Delano Road. Zoning changes in 2000 resulted in both properties becoming non-conforming. One of the property owners would like to construct an attached garage. When the dwelling was constructed 10’ side yard setbacks were required; the current side yard setback requirement is 30’. Mr. Grima said he has been told there is a grandfathered 20’ side yard setback available and the potential land swap between the two nonconforming lots would provide the setback required for a garage. After discussion it was agreed that Attorney Witten will be asked to provide an opinion.
Public Hearing – Residential Compound Definitive Subdivision – Converse Road - John Ludes, c/o Thompson Farland Associates
The public hearing notice was read into the record. Mr. Ludes was present for this meeting and was represented by engineer Christian Farland. During Mr. Farland’s presentation to the Board the following information was provided:
The property is located at 125 Converse Road
It contains approximately 7.17 acres
It is part of a property that was recently subdivided in an ANR plan
All of the development of the lot will be outside of the flood plain and outside of the 100’ buffer zone
The wetland line was recently approved by the Conservation Commission
The lot is proposed to be subdivided into two lots, one containing 3.34 acres and one containing 3.65 acres
The applicant proposes to improve the existing roadway at the site to meet the requirements of the Subdivision Rules and Regulations
A stormwater detention area is proposed to prevent post-development runoff exceeding predevelopment conditions
The site is proposed to be served by municipal water and sewer
The Police Chief has recommended that the addresses be changed to reflect the new roadway (Fea Haven Lane)
Mr. Farland addressed the purpose of and the criteria to be met for Residential Compounds.
Member McArdle asked how many structures are on site now; she was told there are two dwellings and one garage on Lot 1. Lot 2 will probably have one single family dwelling.
Member Magauran said the proposal for the entire 30+ acre property included a lot with an easement to the Lands Trust for access to the waterfront; Mr. Farland said there is a strip of land in the northerly end of the site connecting to another open space parcel. Member Magauran said he believed that the public benefit associated with the open space easement led the Water and Sewer Commissioners to provide sewer access to the remaining lots. Mr. Farland said there will be no further subdivision of the property.
Member Sweeney asked how many houses are planned for the entire 30 acre parcel. He was told there will be six buildable lots with four existing dwellings plus four new dwellings. He asked if the roadway will be paved and was told yes.
Elyse Leonard, 71 Lewis Street, asked if well water could be used in place of hydrants; she was told a well probably would not provide sufficient water pressure.
Everett Eaton, 124 Converse Road, had some questions about the location of the existing structures.
Dave O’Connor, 118 Converse Road, asked for a master plan showing the final buildout of the entire project. An ANR plan (dated 4/6/09) showing the entire parcel was described by Mr. Farland. Member Magauran said the Board had earlier discussions with developers proposing 25-40 dwellings on the property.
Brian Ladessor, Converse Road, said this is a wonderful plan compared to the options. He praised other projects done by Mr. Ludes.
Sue Grainger, 102 Converse Road, asked how wide the lots will be and was told at least 250’. She asked who will be developing the lots and was told they will be sold to individuals and there will be restrictions on INAUDIBLE. Member Magauran told her that houses proposed to have more than four bedrooms will be required to get special permission from the Board of Selectmen due to sewer restrictions. Mrs. Grainger asked if there were height restrictions and was told 35’. Mrs. Grainger’s next question and the answer were not audible. She noted that one of the lots has two dwellings on it and asked if a new owner could buy the lot, tear down the dwellings, and construct more. Mr. Ludes said a single family dwelling and guest house or caretaker cottage could not be
constructed without the applicant coming before the Planning Board.
__________ asked about the setbacks on the ANR lots. A draft condition addressing a building envelope, recommended by Peter Winters, was read into the record. Mr. Farland said Mr. Winters’ recommendation would result in a 100’ buffer from the road, which the applicant would be amenable to.
Mrs. Eaton, 124 Converse Road, said one house is right on the street; she was told the plan is to leave that house where it is.
Bill Johnston, 1 Reservation Way, asked the setback of a lot not included in the plan; he was told it was a grandfathered lot and the property owner will need to go to the Board of Appeals.
Comments have not yet been received from the Fire Department, it was agreed to continue the public hearing until they have been received. Member Magauran recommended requesting comments from the Building Inspector if the Fire Chief does not provide them. Comments should be in regards to the turnaround radius and any hydrant issues.
Mrs. Grainger requested that the driveway for the first lot be placed on the northern edge of the lot. Mr. Farland said that would be taken into account.
Moved by Member Magauran and seconded by Member Ryder to continue the public hearing to June 15 at 7:30 p.m. to allow for comments from the Fire Chief. A proposed order of conditions will be ready for review that night. VOTE: 6-0-0
ANR Plan – 22 Hammett’s Cove Road – Lynn Giordano, c/o Thompson Farland Engineering
The applicant was represented by Christian Farland. The plan shows the division of one lot into two. The percentage of upland and availability of sewer were discussed.
Moved by Member McArdle and seconded by Member Gonsalves to endorse the ANR plan. VOTE: 6-0-0
Old/New Business
Discussion – Special Permits – 156 Front Street, c/o Kathleen Sylvia
Mrs. Sylvia had indicated that she will be withdrawing her applications for Special Permits but has not submitted a written withdrawal. The public hearing was opened and closed on April 9 and a decision needs to be made at the next meeting. Member Ryder noted that the unit has been taken off the market and the owner does not intend to sell or rent it to Mrs. Sylvia. He was told that’s between the owner and the applicant and the Board needs to vote on the application. It was agreed that Attorney Witten will be asked to provide guidance.
Approval of Minutes
Moved by Member Ryder and seconded by Member Gonsalves to approve the minutes of April 21, 2009 with the minutes of the public hearing separated out. VOTE: 5-0-1 (Member Sweeney abstained)
Moved by Member McArdle and seconded by Member Gonsalves to approve the minutes of April 27, 2009. VOTE: 4-0-2 (Member Magauran, Member Sweeney abstained)
Moved by Member McArdle and seconded by Member Gonsalves to approve the minutes of May 4, 2009 as amended. VOTE: 4-0-2 (Member Magauran, Member Sweeney abstained)
Payment of Bills
Three invoices relative to Dunkin Donuts have been received. The 53G account currently contains $1589 and the invoices total $4401.25; an additional $2812.25 is required to pay the invoices.
Moved by Member Magauran and seconded by Member Gonsalves to approve and pay the bills on a prorated basis until the applicant has replenished the 53G account. VOTE: 6-0-0
Reorganization of Board
Moved by Chairman Napoli and seconded by Member Sweeney that Member Magauran be appointed Chairman. Chairman Napoli will serve as Vice-Chairman. VOTE: 6-0-0
Moved by Member Magauran and seconded by Member Ryder that Member Sweeney be appointed Clerk. VOTE: 6-0-0
Moved by Chairman Napoli and seconded by Member Ryder that Member Magauran remain Board representative to the Community Preservation Committee. VOTE: 6-0-0
Moved by Member Magauran and seconded by Member McArdle that Member Ryder be appointed Board representative to SRPEDD. VOTE: 6-0-0
Moved by Member McArdle and seconded by Member Ryder to adjourn at 9:05 p.m.
Respectfully submitted,
John Sweeney, Clerk
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