TOWN OF MARION
PLANNING BOARD
March 22, 2010
MEMBERS PRESENT: Thomas Magauran, Chairman
Joseph Napoli, Vice-Chairman
John Sweeney, Clerk
Julia Deane Crowley
Steve Gonsalves
Jay Ryder
MEMBERS ABSENT: Pat McArdle
BOARD SECRETARY: Terri Santos
ALSO PRESENT: Eunice Manduca
Carol Sanz
Natalie Sullivan
Ted North
Lucy Napoli
Jack O’Leary
Luis Bettencourt
Jane Dolan
Mark Caltz
Norman Hills
Nancy Johnson
Gregory Johnson
Commencement – Chairman Magauran called the meeting to order at 7:19 p.m. and explained meeting procedure.
OLD/NEW BUSINESS
Approval of Bills
Moved by Vice-Chairman Napoli and seconded Member Gonsalves to pay bill of W.B. Mason for name plate.
VOTE 6-0-0 Unanimous
Comments to Board of Selectmen – Commercial Shellfish Aquaculture License
An application was presented to the Board of Selectman by Greenport Consulting, Inc. for a Commercial Shellfish Aquaculture License for a three-year license to propagate the American Oyster, Bay Scallop and Hard-shell Clam in an area of Job’s Cove, Marion.
The issue of nitrogen loading and the fact that it may be a detriment to the harbor was discussed. The fact that it was rejected by the selectmen in Mattapoisett was brought up. Also questioned was if any revenue to the town could be derived from the propagation. Concern was raised as to if there were an area they could place clams that would not affect navigation, considering the limited space in the harbor.
Moved by Vice-Chairman Napoli and seconded by Member Gonsalves to make a general comment to get more specific information and move slowly on making a decision to grant the license.
VOTE 6-0-0 Unanimous
PUBLIC HEARING-Site Plan Review-Sardinha Family Trust, 454 Wareham Street c/o Jack O’Leary
NOTE-Member Gonsalves recused himself. Member McArdle although not present had also recused.
Member Ryder will participate in discussion but will recuse himself from voting.
The public hearing notice was read into record by Clerk Sweeney.
Comments were read by Clerk Sweeney:
Board of Health - no comment
Police Department - no comment
ZBA - no comment
Jack O’Leary of Merrill Associates confirmed that he had received comments from Ken Motta, Marion Consulting Engineer. He posted site plan on the easel and explained that the proposal is to change the existing building use to a retail florist which has been approved by the ZBA process.
He explained that the existing site has some paved parking in front and a gravel drive on the right side which continues to the back of the building. At the preliminary meeting, the Planning Board suggested 11 parking spaces be formed in the back of the building by adding additional gravel in the back. Spaces will be conforming to satisfying the current zoning bylaws. On the left corner of the lot a proposed wet swale berm will be created to hold storm water runoff.
Comments were submitted by Field Engineering Co, Inc., Town Engineer. Full site plan application review is on file at Planning Board office.
Chairman Magauran listed comments as follows:
1. Property line information is not present on the Plan.
Jack O’Leary stated that they are present but was grayed out to make plan more readable when reproduced. Original plan is not grayed out.
2. Order of conditions by Conservation Committee referencing DEP Wetlands Protection Act.
Chairperson Magauran asked if the left wet swale berm had been run by Conservation Committee. Mr. O’Leary responded that they have run it by the committee but will wait till this process with planning goes through. Applicant will then present to Conservation Committee.
3. Ext lights on existing building lights should be fitted with cutoffs.
Mr. O’Leary stated that the lights are preexisting residential floodlights and most do not operate and appear to have motion detectors.
Chairman Magauran said must adhere to dark sky provisions in By-Law and meet the conditions given by the Town Engineer.
4. Question was raised regarding the proposed rear parking spaces on two separate parcels commonly owned by the applicant. Need to address how are combined, considering the wet swale berm occupies parts of both properties.
Mr. O’Leary stated that the owners are willing to combine the two separate parcels which are currently in land court, does not go before planning. May need some type of deed restriction on other lot if change of ownership. Board wishes to have some condition or license for usage of lot.
Chairman Magauran explained that any proposal would have to meet with Town Counsel’s approval.
5. Existing front yard parking area does not meet width requirements. There was concern that people would have to back onto the highway. Consideration should be made for angled parking layout with one entrance and exit through the existing curb cuts.
Mr. O’Leary stated that the parking configuration was grandfathered before the current bylaws were put in place. He stated that he spoke with Mass Highway and they suggested angled parking similar to what is described in Town Engineers comments but was not found acceptable by Planning Board.
Chairman Magauran stated that the open apron should be shutdown, a sidewalk laid and a green strip put in front.
Jack O’Leary stated he had no intention to change plan.
Chairman Magauran stated must bring in to compliance with current zoning regulations.
6. The existing curb cut does not comply with Mass DOT standards.
Jack O’Leary stated that they are not proposing to change the curb cut. Proposing to widen the gravel driveway shown in darken colored areas on plan.
Chairman Magauran stated that would speak with Mass Highway regarding curb cuts.
7. Landscaping details have not been provided.
Mr. O’Leary stated that the owner has been talking to a landscaper regarding plans.
8. Vegetative cover exceeds the Min 25%. - No issue.
9. Addressed above.
10. Dumpster plan location not shown.
Jack O’Leary said owner will put trash inside the building.
Chairman Crowley stated that it must be indicated on plan where trash pad to be located.
Chairman Magauran questioned when snow is removed, where the snow would be put. Must designate and put in writing or on plan. It was asked by Chairman Magauran if applicant wanted to apply for a reduction in parking if can not put on plan. Mr. O’Leary said would not want to request.
Jay Crowley questioned that if trash is kept inside the Board of Health should have another look at the plan.
11. The storm water management system as proposed is adequate for proposed gravel drive. Will need to be upgraded if paved in future - which can be put in order of conditions.
Comments from public - Neighbor Natalie Sullivan of 458 Mill Street, requested they not put up a high fence or high trees between them and that the current tenants are very quiet.
Chairman Magauran stated that current bylaws require a green screen.
Natalie Sullivan stated that she would not prefer a high green screen, possibly low shrubs.
It was questioned by Member Sweeney if it was necessary to back onto route six to exit front parking. Mr. O’Leary stated that it was not necessary to back onto route 6 because of the 8ft of shoulder which is not near the travel lane.
Member Sweeny asked where the water flows too. Mr. O’Leary stated that it goes through several yards into a culvert under Spring Street through channel into harbor. Member Sweeney commented that existing storm water management for Dunkin Doughnuts is working well after last storm.
Normans Hills stated that it has not yet gone through Conservation Commission although it will need to due to wetlands.
Moved to continue public hearing until April 5, 7:20 by Vice-Chairman Napoli, Seconded by Member Crowley.
VOTE 5-0-1
Moved by Member Ryder and seconded by Member Gonsalves to Re-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
It was confirmed that Attorney Schafer knew that one Board Member was absent.
The public hearing was read into record by Clerk Sweeney.
Attorney Schaefer went over the details of the addendum presented to the board from the trust dated March 16. Stated will have to take under consideration order of conditions of the MRC and the Conservation Commission.
Chairman Magauran took information to Town Counsel and it was determined that the special permit could be approved with certain conditions stated in decision language on file with the town clerk.
Moved by Vice-Chairman Napoli and seconded by Member Ryder to approve special permit. .
VOTE5-0-1 Special Permit Approved
Note: Clerk Sweeney Abstained
Moved by Member Ryder to Open Public hearing Seconded by Member Gonsalves to open public hearing.
Continued Public Hearing – Amendment to Zoning Bylaw Section 8.3, c/o Alternative Energy Committee
Moved by member Ryder to close Public hearing, Seconded by member Vice-Chairman Napoli to close public hearing.
VOTE 5-0-1
Old/New Business
Discussion- 2015 Workshop
Chairman Magauran announced workshop to be held Saturday, March 27 at 8:30 at the Music Hall. After discussion it was announced that the Planning Board members would attend.
Approval of Minutes
Moved by Member Ryder to approve, seconded by Member Gonsalves.
VOTE: 5-0-1 Approved subject to changes as noted.
Approval of Bills
Noted that proposed bill would be submitted for half of the mailing of the Announcement of 2015 Committee Workshops amounting to approximately $200.00.
Moved by Member Ryder to pay up to $200 for mailing of 2015 flyers, seconded by Member Crowley.
VOTE 6-0-0
Moved by Vice-Chairman Napoli and seconded by Member Gonsalves to adjourn at 8:55.
VOTE 6-0-0
Respectfully submitted,
John Sweeney, Clerk
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