TOWN OF MARION
PLANNING BOARD
December 7, 2009
MEMBERS PRESENT: Thomas Magauran, Chairman
Joseph Napoli, Vice-Chairman
John Sweeney, Clerk
Patricia McArdle
Julia Deane Crowley
Jay Ryder
Steve Gonsalves
ALSO PRESENT: Adam Silva
Ricky Pursley
Winifred Sylvia
R. Bear Monteiro
Sharon Monteiro
Jack O’Leary
Fernando Sardinha
Richard Marx
Commencement – Chairman Magauran called the meeting to order at 7:19 p.m. and explained meeting procedure.
Discussion – 454 Wareham Street, R. Bear Monteiro
Chairman Magauran described a recent conversation he had at site with the applicant.
Discussion – 450 Dunkin Donuts
Mr. Sardinha was present and represented by Jack O’Leary. Building Inspector Richard Marx was present for this discussion.
The applicant has requested an Occupancy Permit; Chairman Magauran noted the following inconsistencies with the approved site plan:
Roof railings – The roof railings, which were to have been painted white, have been changed to solid panels (painted Jackson Tan.)
Mr. O’Leary explained that this change was discussed during the public hearing; additionally, the solid panels were shown on the plan submitted to the Building Inspector when the building permits were applied for. Chairman Magauran said the panels were not depicted in the approved plan; Mr. Marx said the plans submitted with the building permit application were reviewed for structural content, not for detail changes that might have been slipped in.
Member Sweeney said he wasn’t on the Board at the time of the approval but was present in the audience when the panels were discussed. He said the building looked better with solid panels screening the equipment on the roof.
Building color – The building color has been changed from Yosemite Sand to Jackson Tan.
Mr. O’Leary explained that Jackson Tan was one of the approved colors specified in the Special Permit approval; the wording on the plan stating that the building color would be Yosemite Sand was a typographical error.
Sign - An application has been made to amend the Special Permit to allow a change in the background color of the sign.
Door handles – The door handles are pink and orange.
Lighting and Screening – The rear of the site is currently very brightly lit; Chairman Magauran said he wanted to be sure there would be no light leaving the property. Mr. Marx said the screening at the site is inadequate and he wanted to see that improved. Winnifred Sylvia, 165 Spring Street, described issues associated with lighting and lack of adequate screening.
After discussion it was agreed that the following will be done prior to the issuance of an Occupancy Permit:
Additional screening will be provided
The solid panels will be allowed to remain in the roof and they will be painted Lancaster White
The lighting intensity will be adjusted
The pink and orange door handles will be removed or repainted with gold leaf
Provision will be made for completion next spring of the paving; Mr. Marx and Mr. Sardinha will finalize this provision.
Discussion – 454 Wareham Street, R. Bear Monteiro
NOTE: Member Gonsalves and Member Ryder recused themselves from this discussion.
Mr. and Mrs. Monteiro were present for this discussion. Chairman Magauran stated that Attorney Colton has requested the Board withhold any action until he provides additional information to Attorney Witten.
Chairman Magauran explained to Mr. and Mrs. Monteiro that, in addition to the Special Permit allowing a nursery at the site, a Special Permit allowing a reduction in the setback of the building and also a site plan review would be required. The site plan review and both Special Permits would be contingent on each other.
Discussion – Build-out Analysis
Member Gonsalves and Member Ryder rejoined the meeting.
A draft build-out analysis done by Attorney Witten was briefly discussed.
Discussion – 2015 Oversight Committee RFP
This discussion will be conducted at the December 14 meeting.
Discussion – 2010 Meeting Schedule
Copies of the draft meeting schedule were distributed; a final schedule will be determined at the December 14 meeting. It was agreed a meeting will be held on January 4.
Approval of minutes
Moved by Vice-Chairman Napoli and seconded by Member Ryder to approve the meeting minutes of November 16, 2009 as written. VOTE: 6-0-1 (Chairman Magauran abstained)
Comments to ZBA – Cumberland Farms, 406 Wareham Street
Board members discussed the proposal and reviewed draft comments.
Approval of bills
Moved by Chairman Napoli and seconded by Member Gonsalves to approve payment of the bill from Field Engineering in the amount of $260.50. VOTE: 7-0-0
Moved by Chairman Napoli and seconded by Member McArdle at 9:00 p.m. to adjourn. VOTE: 7-0-0
Respectfully submitted,
John Sweeney, Clerk
| 
