TOWN OF MARION
PLANNING BOARD
September 8, 2009
MEMBERS PRESENT: Joseph Napoli, Vice-Chairman
John Sweeney, Clerk
Patricia McArdle
Jay Ryder
Julia Deane Crowley
Steve Gonsalves
MEMBERS ABSENT: Thomas Magauran, Chairman
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Ricky Pursley
Lucy Napoli
Carol Sanz
Eunice Manduca
Jack O’Leary
Manny Paiva
Richard Boyle
Robert Pellegrini
BJ Barros
Fernando Sardinha
Leo Scarry
Commencement – Vice-Chairman Napoli called the meeting to order at 7:25 p.m. and explained meeting procedure.
Presentation – Paul Iorio – Green Street Systems
Mr. Iorio will be appearing before the Board at a future meeting.
Public Hearing - Amendment to Special Permit and Site Plan Approval – Dunkin Donuts/Sardinha Family Trust, 450 Wareham Street – c/o Merrill Associates
NOTE: Member Sweeney recused himself from the public hearing and joined the audience.
The public hearing notice was read into the record. The applicant was present; he was represented by Attorney Leo Scarry and Jack O’Leary. The request is for amendments to the conditions of a Special Permit and Site Plan Approval; specifically, Condition #8 of the Special Permit and Condition #10 of the Site Plan Approval. The amendments would allow an earlier time for delivery of baked goods. The conditions currently prohibit deliveries of baked goods prior to 5:00 a.m. The applicant has requested that his store be the last on the delivery route but has been told by the central production location (bakery) that his request cannot be accommodated. Attorney Scarry explained that two trays on rollers would be delivered by box truck and placed in the store vestibule on a daily basis;
the delivery would take 5-10 minutes.
Member Crowley noted that the backup warning made by the delivery truck would carry over a large distance; Attorney Scarry said the delivery trucks were small, the parking lot was large, and the drivers would be instructed to not back up.
Member Ryder said it appeared that the request was for an open ended delivery time. Attorney Scarry said the open ended request was made to allow for unusual or emergency situations and also to allow for the complex delivery schedule. He said a formal request has been submitted to the CPL that the delivery time as close to 5:00 a.m. as possible.
Member McArdle asked if a copy of the formal request and a copy of the CPL delivery schedule were available and was told no. Attorney Scarry said the delivery schedule is so complex that it’s not in writing. Member McArdle asked what time the Mattapoisett store receives deliveries; Mr. Sardinha said 3:30 a.m.
Carol Sanz noted that the applicant had the opportunity to discuss the conditions previously. Vice-Chairman Napoli explained that the applicant did address the conditions immediately after they were issued and was told the entire Board would need to address the issue at a public hearing. Mrs. Sanz said it should have been addressed before the applicant was allowed to begin construction.
BJ Barros asked why the applicant was required to meet a condition prohibiting deliveries prior to 5:00 a.m. when other local businesses are allowed earlier deliveries. Vice-Chairman Napoli said at the time the condition was voted on the Board felt that abutters would be impacted by an earlier delivery time. Mr. Barros said all delivery trucks have backup horns.
Member McArdle verified that an amendment to Condition #10 would be limited to box trucks and no changes would be made to tractor trailer delivery times.
Attorney Scarry agreed to provide to the Board a copy of the formal request that was submitted to the CPL.
Member Ryder said he would be completely opposed to an open ended delivery time and his first response would be to stick with the delivery time required in the conditions. Member Gonsalves said the time shouldn’t be totally open ended but there should be some leeway for a morning delivery. He noted that snowplows operate as needed during storms. Vice-Chairman Napoli said every contingency cannot be planned for and the Board needs to be reasonable. He noted that the Board has the authority to resolve problems that might arise.
Attorney Scarry said the overriding issue here is the applicant not wanting to be in violation of the conditions. He suggested the Board allow a window of 3:00 a.m. – 5:00 a.m. with the idea that the applicant request from CPL a delivery time closer to 5:00 a.m. than 3:00 a.m.
Member Ryder made a motion to take the request under advisement; the motion was not seconded.
Member McArdle said the fact that the applicant is seeking an amendment is a show of good faith.
Moved by Member McArdle and seconded by Member Gonsalves to close the public hearing. VOTE: 5-0-0
Moved by Member McArdle and seconded by Member Gonsalves to allow the amended delivery times in the Special Permit and the Site Plan Approval conditioned upon:
1. The receipt of the formal request made by the applicant to the CPL requesting a delivery time that would comply with the former requirements.
2. The applicant using all reasonable means to minimize noise and inconvenience to the neighboring residents.
3. The applicant shall use all reasonable means to have deliveries made closer to 5:00 a.m. but no earlier than 3:30 a.m.
VOTE: 4-1-0 (Member Ryder opposed) Vote failed for lack of super majority vote.
Moved by Member Ryder and seconded by Member Gonsalves to take the request under advisement until receipt of the letter and further discussion by the Board. VOTE: 5-0-0
Continued Public Hearing – Site Plan Review – Burr Brothers Boats, Inc., Front Street, c/o CLE Engineering
Moved by Member McArdle and seconded by Member Crowley to continue the public hearing to September 21 at 7:30 p.m. VOTE: 6-0-0
Pre-submission Conference – Cumberland Farms, 406 Wareham Street – c/o Merrill Associates
The applicant was represented by Jack O’Leary. Representatives from Cumberland Farms were Manny Paiva, Richard Boyle, and Robert Pellegrini.
Mr. O’Leary described the existing conditions at the site and said the applicant is planning to submit an application for site plan review. The proposal will include demolition of the existing structures, construction of a new building, and expanded fuel pumps. The applicant is requesting waivers to the following requirements:
Section 9.6 (Environmental Assessment)
Section 9.11, Subsection 4 (Stormwater Management)
Section 9.11, Subsection 8, Item 2 (Circulation Study)
Section 9.11, Subsection 8, Item 3 (Traffic Impact Study)
Moved by Member McArdle and seconded by Member Gonsalves to waive the requirement for an Environmental Assessment. VOTE: 6-0-0
Moved by Member Ryder and seconded Member Gonsalves to deny the request to waive the requirement for a Stormwater Drainage Assessment. VOTE: 6-0-0
Moved by Member McArdle and seconded by Member Ryder to waive the traffic study requirement, with the exception of a circulation study. VOTE: 6-0-0
Moved by Member Ryder and seconded by Member McArdle to deny the request to waive the requirement for a new Stormwater Management system and Stormwater Management Plan. VOTE: 6-0-0
A public hearing, with notification of abutters and application fee, will be required.
Moved by Member Ryder and seconded by Member Sweeney to require a deposit of $2000 for consulting fees. VOTE: 6-0-0
Old/New Business
Approval of Minutes
Moved by Member McArdle and seconded by Member Ryder to approve the minutes of the August 17, 2009 meeting as written. VOTE: 6-0-0
Payment of Bills
Moved by Member Ryder and seconded by Member Crowley to approve payment of the invoice ($210) from Field Engineering. VOTE: 6-0-0
An invoice ($135) from Law Seminars International was reviewed.
Moved by Member Gonsalves and seconded by Member Crowley to table action until the next meeting, when Chairman Magauran is present. VOTE: 6-0-0
Moved by Member McArdle and seconded by Member Ryder at 9:50 p.m. to adjourn. VOTE: 7-0-0
Respectfully submitted,
John Sweeney, Clerk
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