TOWN OF MARION
PLANNING BOARD
June 15, 2009
MEMBERS PRESENT: Thomas Magauran, Chairman
Joseph Napoli, Vice-Chairman
John Sweeney, Clerk
Steve Gonsalves
Patricia McArdle
Jay Ryder
Julia Deane Crowley
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Robert Smith
Jerry Garcia
Ricky Pursley
Lucy Napoli
Eunice Manduca
Steve Grima
Christian Farland
John Ludes
Commencement – Chairman Magauran called the meeting to order at 7:20 p.m. and explained meeting procedure.
ANR Plan – Map 1, Lots 8B & 32, Kittansett Club, c/o W.C. Cammett Engineering
The applicant was represented by Robert Smith. The proposal is to take a 3700 square foot parcel of land currently owned by the Kittansett Club and attach it to the abutting property owned by Mark Epstein. The change will be made at the sidelines and will not impact the frontage at either property. Procedure and nonconformity were briefly discussed.
Moved by Vice-Chairman Napoli and seconded by Member Ryder to endorse the ANR plan. VOTE: 7-0-0
Continued 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. Comments from the Fire Department were read into the record. Mr. Farland agreed to provide an as-built plan showing 10’ of concrete beyond the cul-de-sac. Draft conditions were reviewed and discussed.
Moved by Member McArdle and seconded by Vice-Chairman Napoli to close the public hearing. VOTE: 7-0-0
Draft conditions were reviewed and discussed. It was agreed that a condition will be added requiring the submission of an as-built plan showing 10’ of concrete beyond the cul-de-sac. Mr. Farland noted that the plan is entitled “Fea Haven” and said the correct name is “Sea Haven”.
Moved by Member McArdle and seconded by Vice-Chairman Napoli to approve the conditions as amended. VOTE: 7-0-0
Old/New Business
Discussion – Special Permits – 156 Front Street, c/o Kathleen Sylvia
The public hearings for these applications (Special Permit to allow a reduction of parking spaces, Special Permit to allow a personal services/medical services spa) were opened and closed on April 6. Mrs. Sylvia has submitted a written request to withdraw the applications.
Moved by Member Ryder and seconded by Member Gonsalves to accept the request of Kathleen Sylvia to withdraw both applications. VOTE: 7-0-0
Discussion – Dunkin Donuts
Chairman Magauran noted that the approval language for Dunkin Donuts was left with some items subject to Vice-Chairman Napoli getting the language finalized but meeting the terms discussed by the Board.
On June 3 Vice-Chairman Napoli and Peter Winters met with Attorney Scarry and Jack O’Leary. The meeting was held at the request of the applicant to clarify some of the approval language. During the course of the meeting the applicant requested some changes and Attorney Scarry followed up with a letter listing the changes he believed were agreed to. Some of the changes listed in the letter were relative to the Special Permit conditions, which cannot be done without a public hearing. Some of the changes were amendments to site plan components and were fairly simple. The purpose of tonight’s meeting is to allow the Board to determine whether the changes are major or minor and also whether the Board will accept the changes. Mr. Winters has submitted a memo to the Board listing
the changes he and Vice-Chairman Napoli agreed to at the June 3 meeting. The Board discussed the following issues:
Cup logo (Site Plan Condition #3) - The applicant had requested that cup logos be allowed on the sign and on the side of the building. Vice-Chairman Napoli and Mr. Winters said logos were not allowed on the building; however, a logo on the street sign would be considered acceptable provided the logo was in gold leaf, the size of the logo will be limited to the size of the sign lettering (6”–9”), and the sign background color will be radicchio.
20 year bond (Site Plan Condition #9) – The applicant had indicated that a 20 year bond was not available; however, he was willing to obtain consecutive 3 year bonds for a period of 20 years. The bond amount will be determined by the Planning Board after consultation with their engineer.
Review account (Site Plan Condition #16) – The applicant is requesting to deposit $1500 in the 53G review account for the Board’s ongoing monitoring requirements and replenish the account as needed upon request. This was the original amount required for the site’s review.
Sidewalk easement (Site Plan Condition #20) - The applicant indicated that an easement granting public access over the proposed sidewalk could not be granted as the sidewalk will be on the State right of way. It was agreed to have language stating that no easement would be necessary if it was on State land (if this land is public property and an easement cannot be obtained it will not be necessary.)
Bond for maintenance of sidewalks (Site Plan Condition #21) – The applicant indicated that a bond is not available for a parcel he does not own. The memo from Mr. Winters and Vice-Chairman Napoli states that despite ownership issues the applicant still has an ongoing responsibility to maintain the sidewalk. It was suggested that a joint escrow account (available to the applicant and the Town) be opened for maintenance purposes; a joint escrow account was not discussed with the applicant at the June 3 meeting.
Sidewalk maintenance covenant (Site Plan Condition #22) – The applicant states that they cannot record a covenant on State land. Mr. Winters and Vice-Chairman Napoli recommend that Town Counsel investigate and suggest what commitment the applicant can make in terms of responsibility for maintenance even though it’s not his land.
Moved by Vice-Chairman Napoli and seconded by Member Ryder that the changes to the original site plan conditions are minor. VOTE: 7-0-0
Moved by Member McArdle and seconded by Member Ryder to approve the changes to the site plan conditions as discussed and also to allow the Chair to approve the final language. VOTE: 7-0-0
Board member discussed meeting notification procedure and posting requirements.
Approval of Minutes
Moved by Member Ryder and seconded by Member Gonsalves to approve the minutes of the June 1, 2009 meeting as amended. VOTE: 6-0-1 (Member Crowley abstained)
Payment of Bills
Moved by Vice-Chairman Napoli and seconded by Member Crowley to approve invoice #6998 ($1050) from Field Engineering for the review of the police station. The invoice will be forwarded to Chief Miller. VOTE: 7-0-0
Moved by Member McArdle and seconded by Member Gonsalves to approve payment of invoice #203530-0 ($10) from Pencils. VOTE: 7-0-0
Discussion – ZBA Denial
Board members discussed a recent denial by the ZBA. The applicant wanted to construct a shed and the application was for a variance allowing a reduction in the setback.
Chairman Magauran suggested the Board examine setback requirements and meet with representatives from the ZBA to discuss the requirements and come up with a consensus between the Boards. It was agreed that Chairman Magauran, Member Ryder, and Member Sweeney will meet with the Chairman of the ZBA.
Chairman Magauran asked that Board members come to the next meeting with one or two ideas that they want to see happen in the upcoming year; he asked what the Board should have for the top priorities this year.
Moved by Member McArdle and seconded by Member Ryder at 9:00 p.m. to adjourn. VOTE: 7-0-0
Respectfully submitted,
John Sweeney, Clerk
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