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11/16/09
TOWN OF MARION
PLANNING BOARD
November 16, 2009

MEMBERS PRESENT:        Joseph Napoli, Vice-Chairman
John Sweeney, Clerk
        Patricia McArdle (7:25 p.m.)
        Julia Deane Crowley
Jay Ryder
Steve Gonsalves (left meeting at 7:45 p.m.)

MEMBERS ABSENT: Thomas Magauran, Chairman

ALSO PRESENT:           Lucy Napoli
                                Ricky Pursley
                                Eunice Manduca
                                R. Bear Monteiro
                                Sharon Monteiro
                                Carol Sanz
                                Jack O’Leary
                                Fernando Sardinha
                                Ross Messina
                                
Commencement – Vice-Chairman Napoli called the meeting to order at 7:20 p.m. and explained meeting procedure.  

Old/New Business
Approval of minutes
Moved by Member Ryder and seconded by Member Gonsalves to approve the meeting minutes of November 2, 2009 as written.  VOTE:  5-0-0

NOTE:  Member McArdle joined the meeting at this time.
Approval of bills
Moved by Member Ryder and seconded by Member Gonsalves to approve payment of the bill from Field Engineering in the amount of $210.  VOTE:  6-0-0

NOTE:  Member Gonsalves recused himself from the following discussion and left the table.  He left the meeting at 7:45 p.m.

Discussion – 454 Wareham Street – R. Bear Monteiro
Mr. Monteiro has filed an application for a Special Permit to allow a nursery at 454 Wareham Street.   The property is located in a residential district, where retail is a prohibited use; however, retail associated with a nursery is allowed with a Special Permit from the Planning Board.  
The public hearing is scheduled to open on December 14 – Mr. Monteiro asked if the Board would allow him to display the product and take orders at the site prior to the public hearing.  It would be considered an open house, with no money changing hands at the site.  Member Ryder asked who would police the site to make sure nothing was actually being sold.  Board members voiced concern for allowing such use of the property prior to a public hearing.  
Board members reviewed the plan submitted with the Special Permit application and agreed they were adequate for the application.  
Mr. Monteiro noted that Member Ryder’s wife is employed by Eden Landscaping and requested that he not participate in any further discussion.  
Mr. Monteiro told the Board he owns a communications business and asked if he could use the office for that use until the public hearing opens.  He stated that the property is currently approved for an office use.  Vice-Chairman Napoli told him he needed to discuss that request with the Building Inspector.  

Discussion – Site Plan Review – Burr Brothers Boats, Inc., Front Street               
The public hearing for this application was closed at the November 2 meeting.  Draft decision language was reviewed and discussed.  
Moved by Member Ryder and seconded by Member McArdle to accept the draft conditions as written and put them into a permanent format.  VOTE:  5-0-0

Discussion – Dunkin Donuts
Mr. Sardinha was present with engineer Jack O’Leary and contractor Ross Messina.  The following issues were discussed:
Freestanding sign – One condition of the Special Permit was that the background of the sign be raddichio red; Mr. O’Leary explained that color does not work with the color of the building.  The applicant is requesting approval to change the sign background color to the building color; the lettering and logo will be gold leaf.  While Board members agreed the change was minor, it was decided that Attorney Witten would be asked if a public hearing was required to amend the Special Permit condition.
Moved by Member Ryder and seconded by Member McArdle that the change the applicant is requesting is not substantial in nature and that the Board should grant the request to change the colors, subject to Attorney Witten’s approval.  VOTE:  5-0-0
Curbing – The approved site plan shows a grass strip between the sidewalk and street; however, MassHighway did not allow the strip.  Mr. Marx and Mr. Motta did not have a problem with this change.    
Landscaping – The landscaping will be completed next week.
Paving – The base course was put down today.  Due to the upcoming winter months the finish course will be put down in the spring, allowing the base course to settle.  Vice-Chairman Napoli asked if the paving will be lined as well, as it’s a base coat.                       

Discussion – Consulting RFP – 2015 Oversight Committee
There was no representative from the Oversight Committee present.  
The 2015 Oversight Committee is recommending the issuance of an RFP for consulting services in an effort to implement some of the mandates contained in the 2015 Report.  The roles and responsibilities of the Planning Board and the Oversight Committee were discussed.       
Moved by Member Ryder and seconded by Member McArdle to take the request for approval under advisement until the next meeting.  VOTE:  5-0-0

Moved by Member Ryder and seconded by Member McArdle at 8:50 p.m. to adjourn.  VOTE:  5-0-0    


Respectfully submitted,



John Sweeney, Clerk