TOWN OF MARION
PLANNING BOARD
February 22, 2010
MEMBERS PRESENT: Thomas Magauran, Chairman
Joseph Napoli, Vice-Chairman
John Sweeney, Clerk
Patricia McArdle
Julia Deane Crowley
MEMBERS ABSENT: Steve Gonsalves
Jay Ryder
ALSO PRESENT: Norman Hills
Anne O’Brien-Kakley
Richard Schaefer
Nancy Johnson
Jack O’Leary
Ricky Pursley
Jill Houck
Louis Bettencourt
Mark Coltin
Sharon Monteiro
Jane Dolan
Sherman Briggs
Bill Saltonstall
Tinker Saltonstall
George Taylor
Steve Grima
Lucy Napoli
Susan Nilson
Diane Lopes Flaherty
Commencement – Chairman Magauran called the meeting to order at 7:15 p.m. and explained meeting procedure.
ANR Plan – 185 Wareham Street, c/o John Rockwell
Mr. Rockwell explained that the plan is filed on behalf of the Open Space Acquisition Commission (OSAC) and Marion Affordable Housing Trust (MAHT). Last year the OSAC and MAHT proposed to purchase the property with CPC funds; the request for CPC funds was approved at Town Meeting in May, 2009. A portion of the property would be transferred to the MAHT and the remaining land would be transferred to the OSAC. The existing dwelling shown on Lot 1 will be razed and a new, affordable dwelling will be constructed; the new construction will require a Comprehensive (40B) Permit from ZBA.
The property is in a Residential C District; a 2 acre minimum lot size is required. Chairman Magauran noted that the proposed MAHT lot is 7280 square feet and said he does not remember ever creating a lot that was not conforming to zoning unless an existing lot with two dwelling units was split evenly. He said this is a unique situation and he wanted to consult Town Counsel.
Vice-Chairman Napoli asked why more land couldn’t be added to Lot 1 to make it more conforming. Mr. Rockwell said the money was authorized for a minimally sized lot for the MAHT and the rest was authorized to go to the OSAC.
Chairman Magauran asked Mr. Rockwell to provide written comment from the MAHT stating that they are in agreement with the lot size.
Member Sweeney asked a question about construction on small lots; Chairman Magauran explained the zoning requirements.
Audience member Sherman Briggs asked what would be done with the remaining land; he was told it would be conveyed to the OSAC and become part of Washburn Park. Mr. Briggs asked why they wanted the property; Mr. Rockwell said it would provide walking access from Route 6. Mr. Briggs asked why the MAHT lot couldn’t be made bigger; he was told those decisions were made a year ago and changing them now would jeopardize the funding.
Moved by Vice-Chairman Napoli and seconded by Member Sweeney to take the matter under advisement. VOTE: 5-0-0
Moved by Vice-Chairman Napoli and seconded by Member Crowley to open the public hearing for Shaw/Johnson, 404 & 406 Point Road. VOTE: 5-0-0
Continued Public Hearing – Special Permit Request – Shaw/Johnson – 404 & 406 Point Road, c/o Attorney Richard Schaefer
Attorney Schaefer requested this be continued to the March 8 meeting.
Moved by Vice-Chairman Napoli and seconded by Member Sweeney to continue the public hearing to March 8 at 7:30 p.m. VOTE: 5-0-0
Old/New Business
Re-Signing of ANR Plan – 812-814 Mill Street
This plan was originally signed on November 19, 2007 and was never recorded. Attorney Schaefer submitted a Mylar plan with the same information, a new date, and new engineer stamp.
Moved by Vice-Chairman Napoli and seconded by Member Sweeney to reapprove the plan, originally submitted November 19, 2007, with a new engineer stamp and new dates. VOTE: 5-0-0
Moved by Member Crowley and seconded by Vice-Chairman Napoli to open the public hearing for the Amendment to Zoning Bylaw Section 8.3. VOTE: 5-0-0
Public Hearing – Amendment to Zoning Bylaw Section 8.3, c/o Alternative Energy Committee
The public hearing notice was read into the record.
Norman Hills and Will Saltonstall were present on behalf of the Alternative Energy Committee. Mr. Hills described the proposed amendment.
Audience member Ruth Niccolacci asked why a 1330’ setback from residences was not required; she was told that standard could be taken under consideration. Chairman Magauran explained the process required for zoning amendments.
Moved by Vice-Chairman Napoli and seconded by Member Crowley to continue the public hearing to March 8 at 7:45. VOTE: 5-0-0
Moved by Member Crowley and seconded by Vice-Chairman Napoli to open the public hearing for Jill Houck. VOTE: 5-0-0
Public Hearing – Special Permits – Jill Houck – 4 Cottage Street
The public hearing notice was read into the record.
Ms. Houck was present with Steve Grima and requested that the public hearing be continued to March 8.
Moved by Member Crowley and seconded by Vice-Chairman Napoli to continue the public hearing to March 8 at 8:00 p.m. VOTE: 5-0-0
Pre-Submission Conference – Sardinha Family Trust – 454 Wareham Street, c/o Merrill Associates
NOTE: Member McArdle recused herself from this discussion.
The applicant was represented by Jack O’Leary and Attorney Mark Coltin; the Form 4A was submitted at the beginning of the discussion. Chairman Magauran asked if the small triangle of land shown at the top of the plan was ever formally merged and was told no. He voiced concern for a site plan spilling over onto another lot, even if it’s held in common ownership, and said Town Counsel would be consulted.
Mr. O’Leary said the property has been used as an office in recent years and Always in Bloom has recently received approval from the Zoning Board of Appeals to change the grandfathered use to retail. One of the conditions of ZBA approval was minor site plan review by the Planning Board. Mr. O’Leary said Always in Bloom is occupying the building “as is”; there are no proposed improvements or alterations to the site, no changes to the parking, driveways, landscaping, or building. Major site plan review is required for projects greater than 2000 square feet; the property is 2180 square feet. Chairman Magauran said the bylaw clearly states that a major site plan review is required. Attorney Coltin said the ZBA decision clearly states that a minor site plan review is
required.
Chairman Magauran stated for the record that the Planning Board never had a problem with the use or with the underlying zoning being changed; the Board had a problem with the way the law is set up and how they were being asked to go about it. He said the Board does not have a problem getting to the end result that everybody wants but it is going to be a lot that conforms to the current zoning as best possible as a result of the process.
The following submittal requirements were discussed:
Environmental Assessment
Moved by Chairman Napoli and seconded by Member Sweeney to waive the requirement for an Environmental Assessment. VOTE: 4-0-0
Stormwater Management
Moved by Chairman Napoli and seconded by Member Crowley to deny the request for a waiver to the stormwater management requirement. VOTE: 4-0-0
Site Plan Details
Section 9.11.2 – Buildings and Structures
9.11.2(2) – Waived unless needed. Photographs will be submitted.
9.11.2(5) – Waived unless needed. Photographs will be submitted.
9.11.2(6) – Waived unless needed. Photographs will be submitted.
Traffic Study
Moved by Vice-Chairman Napoli and seconded by Member Sweeney to waive the requirement for a traffic study. Circulation on the site will need to be illustrated. VOTE: 4-0-0
Application Fee
The application fee is $125. $75 has been submitted; $50 is required.
Consulting Fee
Moved by Member Sweeney and seconded by Vice-Chairman Napoli to deny the request to waive the requirement of review by a consulting engineer. A deposit of $1000 into the consulting account is required. VOTE: 4-0-0
Abutter Notification
Moved by Member Sweeney and seconded by to Vice-Chairman Napoli to waive the abutter notification requirement. VOTE: 2-2-0
Public Hearing
A public hearing will be required. It will be held March 22 at 7:30 p.m.
Comments to ZBA – 116 Converse Road
Moved by Vice-Chairman Napoli and seconded by Member Crowley that the Board have no comment. VOTE: 5-0-0
Discussion – Master Plan Update
Member McArdle recommended the following:
•Schedule an interactive meeting allowing the public an opportunity to provide input.
•Advertise the meeting
•Set an agenda
•Collect data from comments made at the meeting
•Collect existing data existing from various Town Boards and departments
•Compile data into one plan and distribute for review
Approval of Minutes
Moved by Vice-Chairman Napoli and seconded by Member McArdle to approve the minutes of the December 7 meeting. VOTE: 5-0-0
Moved by Member McArdle and seconded by Vice-Chairman Napoli to approve the minutes of the February 1 meeting. VOTE: 4-0-1 (Chairman Magauran abstained)
Moved by Member McArdle and seconded by Member Crowley at 9:35 p.m. to adjourn. VOTE: 5-0-0
Respectfully submitted,
John Sweeney, Clerk
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