TOWN OF MARION
PLANNING BOARD
May 24, 2010
MEMBERS PRESENT: Jay Ryder, Chairman
Vice-Chairman Thomas Magauran
Joe Napoli
Steve Gonsalves
John Sweeney
Julia Deane Crowley
Sherman Briggs, Clerk
BOARD SECRETARY: Terri Santos
ALSO PRESENT: Ted North
Ricky Pursley
Sarah Taylor
Carol Sanz
Vin Malkoski
Peter Porsori
Scott Cowell
Greg Houdelette
Lucy Napoli
Eiv Strand
Commencement – Chairman Magauran called the meeting to order at 7:20 p.m. and explained meeting procedure.
Reorganization of the Board –
Sherman Briggs is newly elected, Tom Magauran was reelected.
Moved by Vice-Chairman Napoli to nominate Jay Ryder as Chairman, seconded by Member Crowley
VOTE: 6-0-1
Moved by Vice-Chairman Napoli to nominate Tom Magauran as Vice Chairman, seconded by Member Crowley.
VOTE: 6-0-1
Moved by Member Crowley to nominate Sherman Briggs as Clerk, seconded by Member Ryder.
VOTE: 6-0-1
Discussion Item – ANR Plan – 468 Point Road – Moore Marion Trust II c/o Sitec, Inc.
Dan Auguilar of Sitec, Inc explained that the owners of the properties are attempting to divide one parcel of land with two single family dwellings, per section 5.2 (B). Both lots will have same frontage and exact same area and at no point are any of the lots narrower than the other.
Vice - Chairman Magauran asked if it was Residence D, and where the frontage is.
Mr. Auguilar said that under that section of the bylaw it allowed equal frontage and exact equal area... The minimum width of the lots was 70 feet.
Member Crowley asked if there was an agreement on the road.
Mr. Auguilar stated that there was an easement provided access over drive way and to provide for the dock.
After discussion it was determined that advice of Town Counsel should be obtained to get answer. And Mr. Auguilar was rescheduled for 7:20, June 7, 2010 and was asked to provide copies of easements.
Public Hearing – Site Plan Review, Special Permit to Allow Reduction of Set-Back – Cumberland Farms, 406 Wareham Street c/o Rob Pellegrini
Motion was made by Vice-Chairman Magauran to Open the Public Hearing for 406 Wareham Street, Special Permit to Allow Reduction of Set – Back, seconded by Member Napoli.
VOTE: 6-0-0 NOTE: Member Sweeny has recused.
Motion to Open Public Hearing for Site Plan Review for 406 Wareham Street, moved by Vice-Chairman Magauran, seconded by Member Napoli.
The Public Hearing notice was read into record by Clerk Briggs.
Attorney Rob Pellegrini explained his background and introduced the team with him:
Manny Paiva Planning Dept Manager, Richard Boyle Regional Sales Manager, Doug Heald Sr. Project Manager/ Engineer, Ed Fuller Landscape Architect and Giles Hamm Principal of Vanasse Associates Traffic Studies.
The current building which is 1737sq feet with hours of 5:00am to 12:00midnight will be razed. It currently has 19 parking spaces around the building. The new proposed building will be 3,751 sq feet and will be open 24 hours. All parking will be around building no longer on the street. It is proposed to have a pitched roof with dormers, two new underground storage tanks and irrigation provide to landscaping. The proposed canopy and dispensers will be offering a 35.5 foot set back where now it is 12.2 feet set back. The number of gasoline dispensers will increase from two to four.
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Vice-Chairman Magauran asked if Mr. Pellegrini had been able to look at the 2015 Committee Draft Report that was e-mailed to him.
Mr. Pellegrini said that had looked at early in the project, Jack O’Leary had brought it to the attention of Cumberland Farms with the design of gas pumps behind building after looking at the draft that it would not work with that site. They looked at that type of design right from the start. Has seen plans with the building pushed up to the street and pumps in back but they were two stories it just doesn’t work for the company and does not work here. One of problems is that with internal operations of the store you need the storage in the back and a wall to store drinks.
Vice-Chairman Magauran asked if that “design would create a legal hardship” for Cumberland Farms.
Mr. Pellegrini stated that he did not know if it would create a legal hardship or not but it would not match up with their business model. Cumberland Farms has not built stations with the pumps in the back.
Vice-Chairman Magauran stated that will be a challenge for us as far as 7.2 because that is the direction the town is going in.
Member Magauran asked what the motives were for the expansion of the building. Manny Paiva stood up and stated that the site in Marion had been on the list for capital expenditure for many years. There are no environmental reasons; although the new tanks would be a big environmental up-grade replacing the current tanks that would meet and exceed state local and federal standards set.
Mr. Boyle stated that the tanks were from approximately 1984. There has been a move throughout the company to upgrade their facilities to make them more pleasant.
Vice-Chairman Magauran asked what would change inside and if going to serve hotdogs or any types of sandwiches.
Mr. Boyle said that all fixtures inside will be “green” refrigerators and lightings. Move toward becoming a restaurant spot with gas rather than a gas station with food. There will be prepared food off site, but seek to have a service component made to order aspect as some point in time depending on the trends.
Vice-Chairman Magauran asked if have any eight lane stations in this lot size.
Mr. Boyle explained that typically lot sizes are not enormous; Province town went from two to four pumps, Hyannis went from two to four pumps much of that lot is state property and but is landscaped and “seems like a spacious site.”
Vice-Chairman Magauran asked Mr. Pellegrini if in light of the movement of Cumberland Farms business model toward fresher foods and a “made to order” concept would he think there would be a need for a fast food permit.
Mr. Pellegrini stated that he has not been told that would be food served over a counter. Food will still be prepackaged and heated up. He has been told that there would be no food served to people. He stated would discuss with Cumberland Farms and would be a good time to do it.
Vice-Chairman Magauran commented that right now there are just the two stores in town and will go to just one.
Mr. Pellegrini said gas prices are based at the Framingham headquarters and is based on the surrounding competition.
Concern was raised at to if the other site which is the only site permitted for gas will dispose of with some restriction so will cause problems with having competitor to come in.
Mr. Pellegrini stated that he received the
Mr. Pellegrini presented landscape architect Edward Fuller. Have to provide on tree for every eight spaces that came out to three trees and have actually provided nine trees. Proposing that the three trees come down. He is proposing several different
Five foot high screen along residential area, and provide a lot of summer color - over 250 hardy New England perennials, 100 shrubs and 9 deciduous trees and seven evergreen trees. Will be 4-5% more green space than what is on the site now, which will increase the visual quality of the whole area.
Chairman Ryder asked about snow removal.
Mr. Fuller explained that many of the plantings are verbacious perennials so will die down to the ground. Will have snow removed. Along the screening is a combination of ornamental grasses and is area which will take some snow loading.
Member Gonsalves asked if newer varieties of Hydrangea would be put in.
Mr. Fuller said is would like will put the new variety of Hydrangea in.
Member Ryder asked if would consider a planting instead of fence where the fence is.
Mr. Said it really narrows down in that area and will put fence in with herbaceous material will give a better visual line and will be better maintained.
Member Crowley asked if the trees could be planted in the parking spaces to shade the cars.
Mr. Doug Heale Civil Engineer problem run into not be able to get all of the parking spaces. He pointed out the areas on the plan that would get shade.
Member Crowley commented that there was a lot of black top that would not be shaded.
Vice–Chairman Magauran commented that there was a heat island effect was raised and will consider not urban must minimize heat island effect and shading could be issues with intensity of use and to say that cannot fit everything they want into that area may be another challenge.
Vice-Chairman Magauran asked about the parking in front of the dumpsters.
Mr. Pellegrini said it is commonly done with Cumberland have employee parking in front of dumpster and when have pickup the employees will move their cars. Done a lot in New England Region because the size of the lots.
Vice-Chairman Magauran said typically doesn’t allow that.
Mr. Giles from Vanesse Associates described his review of the site for traffic. Route 6 curb cuts today are 35feet wide. Had meeting with MaDOT we suggested have a 20foot entrance and 20 foot exit with signage to make it safer more restrictive. Front street curb cuts are 40feet wide which are needed to facilitate the truck deliveries.
Member Gonsalves commented that the front street entrance and exit is very dangerous.
Mr. Giles said he would look at that and possibly make some changes to make safer.
Vice-Chairman Magauran asked if it would be easier if pumps in back.
Member Briggs asked about the issue with abutter and the lot line agreement area in the back.
Mr. Pellegrini stated that there is a license agreement in place between the two parities for the land area. They were asked to supply the agreement.
Mr. North of Cove Circle (comments on file in planning board office) expressed his concerns over the submitted applications for Cumberland Farms. He stated that it is too large, does not meet the aesthetics of the town, and all that should be permissible is a remodeling of the store as it exists. He stated that it is a fast food operation and need to deal with traffic control issues. The diesel pump will attract large trucks.
Carol Sanz of 110 Front Street asked why environmental assessment was waived on the application.
Vice-Chairman Magauran explained to her that the DEP monitors these things closely. They have to do regular testing when tanks are taken out and installed.
Attorney Witten explained that cannot waive the State and Federal with regards to tanks. May want to revisit what the basis for the waiver was and make sure is still applicable. Can reconsider or take another look at the reason for waiver.
Mr. Pursley asked if would not work for Cumberland Farms Business model.
Attorney Pellegrini explained that internal layout works with the building positioned in back. Would require larger building with multiple floors and have never done. Important to have a visual between the employees and the people pumping gas and for the Fire and Police to see.
Moved by Vice-Chairman Magauran to Continue Public hearing for to June 21, 7:30 for special permit, 7:45 for site plan review seconded My Member Napoli.
VOTE: 7-0-0
Old/New Business
Discussion Item – Aqua Farming-c/o Town Counsel, Jon Witten
Members of the MRC were asked to join the discussion with Jon Witten and the Board.
Vice-chairman Magauran commented that the Planning Board had issued a moratorium on Aqua-culture and felt did not know enough about the regulations.
Mr. Witten explained that the Town of Duxbury where he resides has extensive aquaculture regulations.
What he has seen in Marion the regulations are not real clear and may want to consider a more comprehensive regulation. There are two components of zoning the water
Part A – The concept of water sheet zonings where Marion can Zone its water.
Part B - License Process in addition to water sheet zoning.
The permit granting authorities can be the Planning Board or Board or Selectman Mr. Witten expressed that the Planning Board would be the better of two. Under 40A section 9 can not designate to the MRC.
Vin Malkowski ? There are not many areas in town so opted for an easier plan and had worked on water sheet zoning several years ago but was dropped, because is very extensive. We do not have a formal map but there are definite areas that are inappropriate as defined by the harbormaster, and the division of State Marine and Fisheries looks at areas not appropriate because of habitat. Is in part why wrote regulations for ½ acre sites.
Chairman Ryder asked if could map out and figure how many permits areas could take.
Mr. Malkowski said did not see the need because do not know that have room for another site.
Scott Cowell explained that the do have a shellfish and eelgrass survey that eliminates a lot of areas to have a site. Along with navigation confirmed with the Corp of Engineers and Wampanoag and Narraganset tribes must also mandate along with conservation Commission. All these factors help to eliminate most areas of the harbor.
He explained that the Ma Department of Agriculture has an online application the goes over the whole process.
They are licenses not permits and will expire and may possibly not be renewed.
Fees are state regulated.
Vice-Chairman Magauran asked if it could be a bid process.
Attorney Witten there are no property rites, the town does not control, the Commonwealth holds the title and they set the price.
Member Ryder asked Jon Witten if we were the licenses would be Board of Selectman the permits could issue the permits but would need approval by town meeting.
Should we bring regulations by the mrc to town meeting - do not need to go before town meeting. Felt should not change process and regulations are
Harbor master and Shell fishing officer are appointed by town but are state regulated.
After discussion it was decided that it would be good to map the areas that could or could not be sites. The MRC is willing to sit down with the planning board to look at water sheet zoning. MRC and Attorney Witten are on the same page and the planning board supports the MRC.
Discussion Item – Scenic Goads By-Law c/o Jon Witten
The legislature of Ma selected 105 as a scenic road in Acushnet, Rochester and Marion. On Nantucket all roads are designated as scenic.
Chairman Magauran asked if 105 were up to route six. The only way to find out would be to check with Mass Highway.
The planning board could nominate specific roads to be scenic to be designated by Town Meeting.
Member Crowley commented that would like to designate Point Road as a scenic road.
Because of the 123 trees taken down by NStar and the stone walls.
Attorney Witten said process is the planning board would nominate the road to designate as a scenic road, would present to Town Meeting and at same time develop by-laws to manage.
Chairman Ryder asked what are the additional responsibilities does the board take on.
Attorney Witten explained that the Planning Board will have Public Hearing Approval responsibilities if someone would like to alter a scenic road.
If do move forward with designating scenic roads should have a set of by-laws in place.
Discussion Item – Police Station Landscaping Plans
Steve Gonsalves made motion to approve then withdrew motion.
After discussion it was decided that the plans presented were adequate and met with the approval of the board. There was no recommendation to change the plan.
ANR Plan – 468 Point Road
Vice-Chairman Magauran after consulting with Attorney Witten stated that wetlands demarcation that frontage is elusory and can accept as ANR or a Subdivision. Is up to the board as to which direction would like to proceed. After Discussion the Motion was Withdrawn.
Language in bylaw never intended to reduce frontage and needs to be changed.
Motion to accept under approve as an ANR subject to state statute 41 sect.81 L, and subject to easements to be submitted and recorded with the subdivision and document and record.
After discussion it was decided to give back to applicant and let them decide which direction to proceed and continue the discussion till next meeting.
Approval of Minutes
Moved by Member (Inaudible) second by Member (Inaudible) to approve April 12 minutes of special meeting.
VOTE: 4-0-3 Note: Member Napoli, Vice Chairman Magauran and Clerk Sweeney abstained.
Motion to adjourn by Member (Inaudible) Seconded by Member (Inaudible)
VOTE: 7-0-0
Respectfully submitted,
Sherman Briggs, Clerk
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