TOWN OF MARION
PLANNING BOARD
March 8, 2010
MEMBERS PRESENT: Thomas Magauran, Chairman
Joseph Napoli, Vice-Chairman
Steve Gonsalves
Jay Ryder
Patricia McArdle
Julia Deane Crowley
MEMBERS ABSENT: John Sweeney, Clerk
ALSO PRESENT: Ricky Pursley
Carol Sanz
Bill Saltonstall
Richard Schaefer
Norman Hills
Sarah Taylor
Neil Balboni
Jill Houck
Steve Grima
Deb Clark
Eric Strand
Commencement – Chairman Magauran called the meeting to order at 7:20 p.m. and explained meeting procedure.
Discussion-Gildas Stone Rooster-Ryan Correia
Ryan Correia - No Show
ANR Plan – 185 Wareham Street, c/o John Rockwell
Open Space Acquisition Committee c/o John Rockwell- application on hold until property is acquired.
Discussion – Scenic Roads By-Law
Member Crowley stated that they do not have to be a by-law, can just be recommended. The effect of it is that you have some control over the electrical company cutting down trees and also preserves the stone walls.
Members reviewed MA Law, Chapter 40: Section 15C which recommends parameters for Scenic road designations; improvements; fines
Moved by Jay Crowley and seconded by Member Napoli get from town counsel a broader briefing on what the MA Scenic Roads By-Laws means.
VOTE: 6-0-0 Unanimous
Moved by Vice-Chairman Napoli and seconded by Member Crowley to open the public hearing for Shaw/Johnson, 404 & 406 Point Road. VOTE: 6-0-0
Continued Public Hearing – Special Permit Request – Shaw/Johnson – 404 & 406 Point Road, c/o Attorney Richard Schaefer
The public hearing notice was read into the record.
Attorney Richard Schaefer presented plans for a pier, explaining that the two lots with 316 feet of frontage and ten acres of area, were one lot owned by Pat Shaw prior to 1985. In 1985 the lot was divided into Shaw/ Johnson therefore neither lot has the requisite frontage the Shaw lot has the requisite area. He proposed that joining the lots together would use the association pier methodology to comply with today’s current zoning bylaw.
Chairman Magauran questioned navigation around Meadow Island. Attorney Schaefer stated that Harbor Master has had no comments regarding navigation other than that stated in the letter of conditions. Mr. Schaefer stated that the pier does not come out far, 700 feet of the pier is over marshland, and 55 feet is over water.
Member Crowley questioned if the Army Corp of Engineers had been applied too. Attorney Schaefer said they had applied and it was in currently process.
Member McArdle questioned the home owners association in relation to deed restrictions and the two separate set of requirements. Attorney Schaefer stated that the homeowners association will essentially control the use of the land and how it is maintained and governed.
Member Crowley voiced concern on the public being able to walk under pier. Attorney Schaefer stated that Chapter 91 of DEP would control how the public would access.
Chairman Magauran questioned the legal aspect of whether we can consider multiple lots in determining the eligibility of conformity in the case of an association pier. Neither lot would meet the terms of conformity under the bylaw to have a pier of their own.
Chairman Magauran suggested keeping the public hearing open to get a legal opinion from council.
Attorney Schaefer stated that Shingletown Pier off point road was a similar situation about 2 or 3 years ago.
Moved by Vice-Chairman Napoli and seconded by Member Ryder to continue the public hearing to March 22 at 7:45 p.m.
VOTE: 6-0-0 Unanimous
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. A revised amendment was distributed to board members. Mr. Hills described the proposed amendment and the changes made from the original draft.
Chairman Magauran stated for the public’s purpose that this is the time to address any questions and to contact Mr. Hills or Mr. Saltonstall before town meeting.
Moved by Member Crowley and seconded by Vice-Chairman Napoli to open the public hearing for Jill Houck.
VOTE: 6-0-0 Unanimous
Continued 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. Steve explained that Jill has a business called Flour Girls and she would like to do the baking here in town and have a small shop for cookie sales. He stated that they were seeking special permits for parking and retail use.
Comment from Eric Strand, Marion resident of 3 School Street and business owner in the village, thinks that any retail operation would be positive.
Moved by Pat McArdle to close the public hearing and Seconded by Jay Ryder.
Moved by Vice-Chairman Member Napoli to approve the special permit for retail for bakery purposes, moved to approve reduction in parking and moved to approve site plan subject to language and board of health approval. Seconded by Member Gonsalves.
VOTE 6-0-0 Unanimous
ANR PLAN-CARR FAMILY - Engineering-Perry’s Road Rochester/Portion of lot in Marion – c/o GAF Engineering
The proposed plan is to divide a 62 acre lot into Parcel A and B which are not proposed building lots. Parcel B is to be conveyed as open space conservation land, parcel A (Partially in Marion) to remain as agricultural. A small change was made in the original Mylar plan showing Perry Road.
Chairman Mcgauran asked if easements would be recorded. Deborah Clark assured the board they would be recorded.
Moved by Vice-chairman Napoli to accept the plan as presented, seconded by Member Gonsalves.
The Mylar map was presented and signed by board members.
VOTE 6-0-0
Old/New Business
Comments to ZBA-Mills Family Realty, LLC, 13 County Road
Expansion of a porch will not increase the non conformity so the board does not feel the need to comment on.
Moved by Joe Napoli and seconded by Jay Ryder to not comment to the ZBA.
VOTE 6-0-0 Unanimous
Comments to ZBA-Brett Lansing, 961 Point Road
Discussed application and it was agreed that Chairman Magauren would compose comments to the ZBA.
Moved by Joe Napoli and seconded by Jay Ryder to comment that would be appropriately handled under local initiative program as accessory dwelling unit for affordable housing or accessory unit for a family member. And to comment that the question has been raised pertaining to sewage.
VOTE 6-0-0 Unanimous
Discussion –NOD By-Law
Chairman Maguaran explained that he hopes that minimally a presentation would be made by the 2015 Committee at town meeting and not voted on. The presentation would educate regarding where they are at and what their thoughts are to help people aware of the process. Feels have a long way to go and the process will take time.
Member Ryder explained that a meeting is coming up with the town consultant, and town boards, Thursday March 11, 2010. 7:00 at the music hall. There is an additional list of attendees selected by Steve Grima. This will be the first time the consultant will make a presentation to selected group of people. He personally feels need to educate the public.
Carol Sanz commented that the meeting was not posted or advertised to the public and is not an open public hearing.
It was explained there is nothing yet to present regarding the 2015 Committee at this time.
The purpose of the meeting Thursday, March 11 is not to discuss the changes in the bylaws but to discuss who the consultant is and what the process will be.
It was discussed that this is a planning board initiative with the 2015 committee helping coordinate and educate the town. Member Ryder stated that he does not think anyone but planning board should make decisions on the schedule, and that this may be moving too quickly.
Member Ryder formally invited the public to the meeting Thursday March 11, 2010.
After discussion it was agreed that a notice would be posted for the scheduled meeting Thursday March 11, 2010 referencing that planning board members would be attending.
Approval of Minutes
Moved by Vice-Chairman Joe Napoli and seconded by Member Pat McArdle to approve the minutes of the February 22 meeting.
VOTE: 4-0-2 (Member Gonsalves and Ryder abstained)
Approval of Bills
Bill for Dunkin Doughnuts
Moved by Vice-Chairman Napoli to approve payment of bill for Dunkin Doughnuts subject to available funds.
VOTE: 6-0-0 Unanimous
Moved by Member Ryder and seconded by Member Crowley at 9:45 p.m. to adjourn.
VOTE: 6-0-0 Unanimous
Respectfully submitted,
Tom Magauran, Chairman
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