TOWN OF MARION
PLANNING BOARD
September 21, 2009
MEMBERS PRESENT: Thomas Magauran, Chairman
Joseph Napoli, Vice-Chairman
John Sweeney, Clerk
Patricia McArdle (7:50 p.m.)
Julia Deane Crowley (7:45 p.m.)
Steve Gonsalves
MEMBERS ABSENT: Jay Ryder
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Dave Davignon
Dale Briggs
Laura Briggs
Lucy Napoli
Carol Sanz
Eunice Manduca
Commencement – Chairman Magauran called the meeting to order at 7:25 p.m. and explained meeting procedure.
ANR Plan – Dale & Laura Briggs – 510 & 512 County Road, c/o N. Douglas Schneider & Associates
The applicants were present and represented by engineer David Davignon. The plan shows an equal land swap resulting in a reconfiguration of the lot lines. There will be no changes in frontage or land area. Chairman Magauran noted the following: the lots are nonconforming, with nonconforming structures, and the land swap will not increase the nonconformity of the lots or the structures. Mr. Davignon answered Member Sweeney’s questions relative to the well and easement shown on the plan.
Moved by Vice-Chairman Napoli and seconded by Member Gonsalves to endorse the ANR plan. VOTE: 4-0-0
Continued Public Hearing – Site Plan Review – Burr Brothers Boats, Inc., Front Street, c/o CLE Engineering
The applicant has requested that this be continued to the October 5 meeting.
Moved by Vice-Chairman Napoli and seconded by Member Gonsalves to continue the public hearing to October 5, 2009 at 7:30 p.m. VOTE: 4-0-0
Old/New Business
Discussion - Article for Town Meeting
Attorney Witten will be asked to provide language for a Spring Town Meeting article (Mullin Rule) that would allow a Board member to miss one meeting of a public hearing and still be able to vote on the request.
Discussion – Cumberland Farms pre-submission conference
Chairman Magauran was not present for the September 8 pre-submission conference for Cumberland Farms. When reviewing the meeting minutes, Form 4A, and letter submitted by the applicant, he noted the need for Special Permits (fast food, retail, setback, parking at rear of site, canopy). After discussion it was agreed that Attorney Witten will be consulted.
Rescission of vote – Dunkin Donuts
NOTE: Member Sweeney recused himself from the following vote.
At the September 8 meeting the Board took two votes; the purpose of tonight’s vote is to rescind the first one taken.
Moved by Member McArdle and seconded by Member Gonsalves to rescind the vote taken by the Board on September 8, 2009. The motion of that vote was to allow the request of the Sardinha Family Trust to amend delivery times specified in the conditions of the Special Permit and the Site Plan Approval.
The vote is being rescinded to allow the Board to take the request under advisement. VOTE: 4-0-1 (Chairman Magauran abstained)
Approval of Minutes
Moved by Vice-Chairman Napoli and seconded by Member McArdle to approve the minutes of the September 8, 2009 meeting as written with the date changed in the heading of the first page. VOTE: 5-0-1 (Chairman Magauran abstained)
Payment of Bills
An invoice ($135) from Law Seminars International was discussed.
Moved by Vice-Chairman Napoli and seconded by Member McArdle to approve the purchase of the CD. VOTE: 5-1-0 (Member Sweeney opposed)
Master Plan Update Subcommittee
The subcommittee has met; a report will be available at the October 5 meeting.
Proposed zoning amendments
Member Crowley recommended an amendment designating a Harbor Overlay District. She offered to informally discuss this with the Harbormaster.
Member Crowley asked the Board members to consider a scenic road bylaw.
Moved by Vice-Chairman Napoli and seconded by Member McArdle at 8:40 p.m. to adjourn. VOTE: 6-0-0
Respectfully submitted,
John Sweeney, Clerk
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