TOWN OF MARION
PLANNING BOARD
July 20, 2009
MEMBERS PRESENT: Thomas Magauran, Chairman
Joseph Napoli, Vice-Chairman
John Sweeney, Clerk
Patricia McArdle
Jay Ryder
Julia Deane Crowley
MEMBERS ABSENT: Steve Gonsalves
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Ricky Pursley
Lucy Napoli
Jack O’Leary
Eunice Manduca
Christian Farland
Marinus VanderPol III
Commencement – Chairman Magauran called the meeting to order at 7:20 p.m. and explained meeting procedure.
ANR Plan – 52 East Avenue, Roger Perry, c/o Thompson Farland Engineering
The applicant was represented by Christian Farland and MarinusVanderPol. The plan shows the consolidation of two lots into one. Chairman Magauran asked if the applicant understood that the plan would result in the loss of a buildable lot and was told yes.
Moved by Vice-Chairman Napoli and seconded by Member Ryder to endorse the ANR plan. VOTE: 6-0-0
Discussion – 454 Wareham Street – Mass Highway application, c/o Jack O’Leary
Mr. O’Leary was present on behalf of Sardinha Family Trust. An application has been submitted to Mass Highway for the curb cuts related to the Dunkin Donuts site. Mass Highway does not have a problem with the curb cut at 450 Wareham Street but has suggested some changes in the parking area at 454 Wareham Street. The suggested changes would result in a one-way traffic pattern including a one-way entrance, a one-way exit, and angled parking spaces; it will not result in a changed number of parking spaces (six). Mr. O’Leary told the Board if they issued a letter stating that they did not agree with the suggested plan Mass Highway would withdraw their request.
After discussion it was agreed that the approved plan should be left as it was; Chairman Magauran said he and Vice-Chairman Napoli would participate in a conference call with Mass Highway if Mr. O’Leary cared to set one up.
Discussion – Dunkin Donuts Preconstruction Meeting
Chairman Magauran described a preconstruction meeting he and Vice-Chairman Napoli attended last week.
ANR Plan – Hermitage Road, Hermitage Trust, c/o Thompson Farland Engineering
The applicant was represented by Christian Farland and Marinus VanderPol. The property is located on Map 12, Lot 28B, and the purpose of the plan is to provide a 1.26 acre parcel of land to the town. The parcel will be used (with Lot 28) in the expansion of Little Neck Village.
Moved by Vice-Chairman Napoli and seconded by Member Ryder to endorse the ANR plan. VOTE: 6-0-0
ANR Plan – 80 Piney Point Road, Park Real Estate LP, c/o Thompson Farland Engineering
The applicant was represented by Christian Farland and Marinus VanderPol. The plan shows the relocation of a property line.
Moved by Vice-Chairman Napoli and seconded by Member Ryder to endorse the ANR plan. VOTE: 6-0-0
Old/New Business
Discussion – FY10 Budget – Carryover of Funds
GIS equipment - $812 is allocated for GIS equipment; the funds have been carried over for the past three years. The Building Inspector and Assessors office have expressed interest in the purchase of plotter. Mrs. Mooney is checking whether the town still has a GIS program license.
Master Plan update funds – $4628 is allocated for the Master Plan update and these funds also have been carried over for the past three years.
Chairman Magauran said the funds were carried over again to FY10 and his inclination would be to spend them for what they were intended to be spent for or to not carry them over again next year unless the Board knows exactly what they will be used for.
Discussion – Upcoming year – Board goals
Master Plan update – It was agreed that Attorney Witten will be invited to a Planning meeting and asked to provide input (what is the statutory requirement of a Master Plan, what is the best way to meet the requirement, are there any examples available for the Board to review.)
A subcommittee consisting of Member McArdle, Member Crowley, and Member Sweeney will be formed to investigate the information available and report what direction the Board should be taking.
Protection of waterways and harbor – Member Crowley suggested meeting with the Marine Resources Commission to determine the best way, through the bylaws, to protect the character of the waterways (restrictions on signage and lighting, etc.)
Neighborhood Overlay District – Member Ryder suggested expansion of the NOD to include a larger geographic area.
FEMA – Member Ryder said he has applied to become a member of the Association of State Flood Plain Managers. Chairman Magauran suggested he contact Dr. Costa of the Buzzards Bay Project for more information.
2015 Report/Oversight Committee – Chairman Magauran explained the history of the 2015 Report. The recently formed 2015 Oversight Committee consists of a group of citizens and Board members including Chairman Magauran and Vice-Chairman Napoli. The committee prioritizes, from a fiscal perspective, the recommendations of the 2015 report. The oversight committee will be coming to an August Planning meeting and is also planning a meeting involving Town Boards and Commissions. Chairman Magauran said the oversight committee will be requesting funds from the Planning Board to facilitate the overlay process.
Village parking requirements – Member Sweeney voiced concern for the parking issues facing applicants wishing to open businesses in the village. Chairman Magauran suggested a meeting be held to address parking requirements and that the public be invited to provide input.
Guideline handbook – Member Sweeney suggested a handbook that would provide developers with building design guidelines; he was told the town already has a set of design guidelines. Chairman Magauran asked Member Sweeny to provide an example of a guideline he would like to see put into use; he agreed to provide guidelines used by the town of Needham.
Adult Entertainment Zoning – Member Sweeney asked if the town has a zone where adult entertainment is allowed and was told yes.
Dysfunctional Bylaws – Chairman Magauran said he would like to make a list of bylaws requiring revision for them to be functional. The list would include the bylaws relative to bed and breakfast establishments, sheds, setbacks, and conservation subdivisions.
Eminent Domain – Member Crowley suggested a bylaw prohibiting eminent domain in instances where land would be transferred to private parties.
Scenic Roads – Member Crowley recommended a scenic road bylaw for Point Road, Converse Road, and Delano Road.
Endorsement of ANR plans – Member McArdle voiced concern that the Board might unknowingly endorse ANR plans for parcels of land that were restricted from further subdivision. Chairman Magauran suggested investigating whether GIS also offered zoning, lot and Registry of Deeds information.
Demolition delay – Member Crowley noted that some towns have demolition delay bylaws and recommended a bylaw requiring a one year demolition delay.
Tractor trailer storage – Chairman Magauran said he has received input from residents recommending a bylaw prohibiting the use of tractor trailers for storage, particularly in residential zones.
Delivery times – Chairman Magauran said there are local businesses who consider themselves grandfathered and allowed to have deliveries whenever they want. He asked if the Board would consider a bylaw requiring a Special Permit for deliveries before 7:00 a.m. or after 10:00 p.m.; this would apply to existing businesses as well as new applicants.
Attorney Scarry has indicated to Chairman Magauran and Vice-Chairman Napoli that Dunkin Donuts may be coming back before the Board to request an earlier delivery time.
Member McArdle asked if Attorney Scarry gave a specific time and was told no. Attorney Witten has explained that this request would require a public hearing, legal advertisement, and abutter notification.
Refund from consulting account – Jay Patel/Subway
The consulting account has $1665 remaining. The applicant owes $78.15 in certified mailing fees. It was agreed that the secretary will work with the Town Administrator to determine the correct refund procedure.
Refund from consulting account – Leo’s
The consulting account has $500 remaining. No other fees are owed.
Approval of Minutes
Moved by Member Ryder and seconded by Vice-Chairman Napoli to approve the minutes of the June 15, 2009 meeting. VOTE: 6-0-0
ZBA meeting
The ZBA will be meeting tomorrow to discuss the Baywatch application.
Appeal of Baldwin Brothers project
Chairman Magauran explained that Baywatch has lost their appeal of the Baldwin Brothers project. The court affirmed the town’s position that Baywatch has no entitlement to the sewer over anybody else and that the Housing Appeals Committee never ruled that they were entitled to sewer. The summary judgment means the Town is entitled to pursue legal fees from Baywatch.
Moved by Member McArdle and seconded by Member Ryder at 10:10 p.m. to adjourn. VOTE: 6-0-0
Respectfully submitted,
John Sweeney, Clerk
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