TOWN OF MARION
PLANNING BOARD
May 10, 2010
MEMBERS PRESENT: Thomas Magauran, Chairman
Vice-Chairman Napoli
Pat McArdle
John Sweeney, Clerk
Julia Deane Crowley
MEMBERS ABSENT: Jay Ryder
Steve Gonsalves
BOARD SECRETARY: Terri Santos
ALSO PRESENT: Ricky Pursley
Karen Tourney
Lisa Hubbard
Sarah Taylor
Barbara Stinson
June Johnson
Carol Sanz
Dana Altubellu
Commencement – Chairman Magauran called the meeting to order at 7:20 p.m. and explained meeting procedure.
Discussion Item – 397 Wareham Street – Buckles Boutique and Gift Shop c/o Karen Toomey
Karen Toomey explained that she was opening a Boutique and Gift Shop. After discussion it was determined that the site exists as a retail establishment.
Motion by Vice-Chairman Napoli to recognize 397 Wareham Street as retail use and is not change of use, and seconded by Member Sweeney.
Vote: 5-0-0
Old/New Business
BILLS
Motion by Vice-Chairman Napoli to approve a bill from Field Engineering 454 Wareham Street for the amount of $840.00, and seconded by Member McArdle.
VOTE: 5-0-0
Motion to approve by Member Crowley bill from The Wanderer in the amount of $40.00 for the Legal Ad By-Law Amendment, and seconded by Vice Chairman Napoli
VOTE: 5-0-0
Motion to approve by Vice-Chairman Napoli to pay bill from Field Engineering Co. in the amount of $37.50 for Auto-Cad Updates to NOD, and seconded by Member Sweeney.
VOTE: 5-0-0
Minutes
Motion made by Member McArdle and seconded by Member Crowley to approve the minutes for April 5, 2010 as written.
Vote: 4-0-1
Note: Member Napoli Recused
Discussion Item – Aqua Farming
After discussion it was determined that Jon Witten, Town Counsel should come in to brief the Board on Aqua Culture Licensure and explain how the Town can achieve the maximum benefit.
Motion by Vice-Chairman Napoli to open the Continued Public Hearing for Sardinha Family Trust, 454 Wareham Street, and seconded by Member Crowley.
VOTE: 4-0-0
CONTINUED PUBLIC HEARING-Site Plan Review-Sardinha Family Trust, 454 Wareham Street c/o Jack O’Leary
NOTE-Member McArdle recused and excused herself from the meeting.
Chairman Magauran explained that because there was no extension made, a decision would be made based on the information provided that evening.
Additional information was presented in a letter dated May 5, 2010 by Ken Motta, consulting engineer (letter on file at Marion Planning Board Office).
It was discussed that an extension would require the four members present to vote and it would need to be a 60 day extension.
The Dana Altobello of Merrill Associates, , representative for the Sardinha Family Trust, stated that no extension would be made and they did not have any comments in response to Ken Motta’s review.
Motion to close Public Hearing for 454 Wareham Street was made by Member Napoli, seconded by Member Ryder.
VOTE: 4-0-0
Chairman Magauran stated that the public hearing was over and no more discussion was allowed. A decision would be granted that evening.
Decision language was presented to the board with an outline of conditions (on file with the Planning Board Office). Chairman Magauran explained that it was formed with the advice and statements of Jon Witten, Town Counsel and Ken Motta, Town Engineer. He explained that if the board had other conditions to add, they should be brought up and discussed tonight before a vote is taken.
Concern was raised by Member Sweeney about enforcing the conditions. It was explained by Chairman Magauran that the building commissioner would enforce.
Moved by Vice-Chairman Napoli to approve the Site Plan Decision Language of 454 Wareham Street as amended, and seconded by Member Crowley.
VOTE 4-0-0
Chairman Magauran stated to Dana Altobello of Merrill Associates to pass around the office that information needs to submitted in a more timely fashion. Said board will not “be as anxious to push everything forward as fast as possible” The lack of responsiveness was unacceptable.
Member Napoli and Member Crowley want the record to show they support Chairman Magauran’s comments. There was not enough time to review material so board could make an informed and sound decision in the interest of the town of Marion.
Old/New Business
Discussion
Chairman Magauran explained that he had received informational regarding Articles 21 and 24 on the Warrant for Town Meeting. He was told that Indian Cove Subdivision land was to be put in conservation and given to town of Marion as part of an agreement. The articles in the Warrant are calling for the town to pay for the land that should already be put in conservation.
Member Crowley commented about an informational meeting that she attended about Green Lighting.
After discussion, Member Crowley was asked to summarize the parameters of the Scenic Roads By-Laws.
Motion was made by Vice Chairman Napoli support the alternative energy By-Law Zoning Amendment Section 8.3 seconded by Member Sweeney.
VOTE: 4-0-0
Moved by Vice Chairman Napoli and seconded by Member Crowley to adjourn at 9:15 p.m.
VOTE 4-0-0 Unanimous
Respectfully submitted,
John Sweeney, Clerk
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