TOWN OF MARION
PLANNING BOARD
June 21, 2010
MEMBERS PRESENT: Jay Ryder, Chairman
Vice-Chairman Magauran
Joe Napoli
Steve Gonsalves
John Sweeney
Julia Deane Crowley
Sherman Briggs, Clerk
BOARD SECRETARY: Terri Santos
ALSO PRESENT: Ricky Pursley
Ann Harris
Robert Harris
Frank Mc Maimee
Diane Mc Maimee
Judy Rosbee
Ted North
Carol Sanz
Jack O’Leary
Richard Boyle
Manny Paiva
Robert Pellegrini
Sarah Taylor
Lucy Napoli
Commencement – Chairman Ryder called the meeting to order at 7:18 p.m. and explained the meeting procedure.
Discussion Item ANR PLAN – 468 Point Road – Moore Marion Trust II c/o Sitec, Inc.
Because of new information regarding the easements for 468 Point road, the applicant asked to reschedule for Tuesday, July 6, 2010.
Judy Rosbee spoke on behalf of the abutters of 468 Point Road and stated that the families have been looking for a response from the Trust regarding right of way for the abutters.
Public Hearing – Site Plan Review, Special Permit to Allow Retail Use and 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, seconded by Member Gonsalves.
VOTE: 6-0-1 NOTE: Member Sweeny has recused.
Rob Pellegrini representative for Cumberland Farms asked for comment letters to be read into record.
The Public Hearing Notice was read into the record by Clerk Briggs.
Clerk Briggs read comment letters in to record (on file at Planning board Office) from the following boards and citizens of Marion:
1) Ted North
2) ZBA
3) Conservation Commission
4) Board of Health (2)
5) Police Department
6) Dorothy Heath
Attorney Pellegrini presented new Lighting Plans (on file at Planning Board Office). He stated that the new lighting takes into account the stockade fence and will prevent light from crossing over to the abutters.
Chairman Ryder stated the need for all engineering comments, changes and reviews from all concerned to be submitted at least one week before meeting.
Attorney Pellegrini presented an Update/Response letter dated June 16, 2010 showing the following revisions made per Board Comment, Public Comment and Comment from Field Engineering (on file at Planning Board Office):
Jack O’Leary from Merrill Associates explained changes made after several meetings with Field Engineering (also in the letter dated June 16, 2010 on file in Marion Planning Board Office).
Gilles Hamm of Vanesse Associates presented some additional traffic information and added that the new plan would be much safer.
Chairman Ryder asked how the traffic flow would be enforced.
Mr. Hamm explained that on both Front Street and Route 6 there would be signs facing each side of drive saying do not enter and exit. Curb cuts have been narrowed and will reinforce the traffic pattern.
Vice-Chairman Magauran asked what a person would do if they wanted to go west on Route 6 how would they get out of the lot. Mr. Hamm stated they would need to exit at the Front Street exit and turn left then use the signals at Route 6. Vice-Chairman Magauran commented that it was unrealistic that people would actually do that.
Mr. Hamm stated that curb cuts are under the jurisdiction of MA DOT and they have met regarding them. He stated that Ed Feeney was Traffic Control and an application would be filed with Skip McCourt after the Planning Board decision was made.
Vice-Chairman Ryder asked how the lanes with the new pumps were going to work.
Mr. Hamm stated that they would not have any “real requirement for directionality”.
Chairman Ryder asked that additional thought be given to the sidewalks and maintenance of them. He explained that Route 6 is the jurisdiction of MA Highway and Front Street is the Town of Marion DPW.
Vice-Chairman Magauran stated that the town is moving in the direction of having the tree strip to collect snow and have the sidewalk behind it away from the street.
Rob Pellegrini brought up the fact that the lighting is LED and is very natural looking and all light is directed down toward the pavement.
Vice-Chairman Magauran asked how wide an area is that snow will be put.
It was explained that with increase of landscaping snow will be put in vegetative areas, if there were a substantial storm the snow will be trucked offsite. Cumberland Farms hires a licensed landscaper to handle the snow removal.
Mr. O’Leary explained that Field Engineering requested Cumberland Farms review the drainage system because the existing system has had some backups. They have found that they will need to make improvements to the system.
Mr. O’Leary surmised that the only outstanding issues with Field Engineering looked to be the drainage pipe slope, notes made on the granite curbing, and details regarding the handicap access. Mr. O’Leary stated that Ken Motta is not aware yet of the proposed improvement of the pipe slope, but he knows of the connection changes.
Concern was raised that having the store open 24 hours could create an influx of crime. Rob Pellegrini explained it would be open for convenience to the public.
Katrina Lonergan asked if the Cumberland Farms across the street would definitely be shut down.
Rob Pellegrini stated that Cumberland Farms is open minded about what will happen across the street. He did not know when the lease agreement was up and would get back to the Board regarding that.
.
Katrina Lonergan stated that Cumberland Farms does not carry any items that most people would use in the middle of the night. She also stated that most of the foods are unhealthy.
Vice-Chairman Magauran referenced the interior of the store (sheet 21 and 26 in latest submission). When first came in members of the Cumberland Farms team characterized the plans of this model as “restaurant that sells gas”. About of one third of interior looks like it are either semi-prepared foods or make your own foods. He suggested Cumberland Farms look into a fast-food permit, considering the Hotdog preparation.
Attorney Pellegrini referenced a letter from the director of merchandising regarding the inventory and increase in the number of SKUs. Coffee will be the same - where the customer serve themselves but will offer more flavors. A good store to see the expanded selection would be would be Norton, Plainville and Mansfield. He explained that the customer does everything, and he asked Cumberland Farms particularly about the hotdogs. They are on a roller heater and the customer pulls off and puts in own bun.
It was brought to the attention that the Board of Health not commented on the second set of plans because they have not seen them yet. The list of menu items will be submitted before the permitting would be done and all food would be fully cooked and prepared ahead of time
Vice-Chairman Magauran asked why they would not want to apply for a fast food permit – to cover for the use.
Attorney Pellegrini stated that he does not see that there would be a fast food use.
Vice-Chairman Magauran brought up Mr. North’s comments pointing out that the canopy and the building will exceed 5,000 square feet.
Attorney Pellegrini stated that the he has litigated the issue and that the canopy covers the pumps which is recommended by state fire marshal, it hides all the lighting and electrical. It does not require additional parking – “people park at the pumps then leave the pumps”.
Attorney Pellegrini again went over the reasons why it would not be feasible for the building to be put on the corner near the street as follows:
1) Need a front with windows facing pumps and a back with no windows
2) The need for adequate parking adjacent to building
3) Pumps which can be viewed by employees and safety personnel
4) Trying to give the public handicapped accessible bathrooms
5) Storage which employees can access
6) State law requires windows that are unobstructed
7) More storage will minimize deliveries
Member Napoli asked for examples of the materials for the exterior of the building. After discussion it was decided that architectural review should be obtained to review the project.
Jon Witten, Town Counsel stated that the Board could not put a restriction on the other property as a condition of approval, Cumberland Farms must be willing to offer a restriction on the property across the street. Vice - Chairman Magauran said no conditions or approval would be subject to whatever is done across the street and has no legal bearing, but has more to do with the town’s development.
Attorney Pellegrini explained that he was confused as to if the Board would like an offer.
Audience Member, John Sweeney asked if the building could be slid a bit more to the right and if water and electrical usage would increase. Jack O’Leary explained that the building needs to be a certain distance front to back to be practical and that there was a fair amount of landscaping on Front Street. Water usage would not increase explaining that “if you were to calculate by Title 5 it is not any different than what is there now”. He also explained that are doing underground electricity but would decrease usage because of more efficient fixtures.
Motion was made by Member Joe Napoli to continue the Public Hearing for 406 Wareham Street to July 19, 2010 at 7:30, seconded by Vice-Chairman Magauran.
Vote: 6-0-1
Old/New Business
Approval of Minutes
Motion made by Vice- Chairman Magauran, seconded by Member Napoli to approve the May 10, 2010 minutes for, 2010.
Vote: 4-0-2 Note: Member Ryder and Member Gonsalves Recused
Approval of Bills
Bill for Cornish Associates Consulting for work with the 2015 Committee was discussed. It was decided that more detail was needed in the invoice so the funds would need to be encumbered.
Moved by Vice-Chairman Magauran to encumber funds for payment in the Fiscal Year 2011, seconded by Member Napoli.
VOTE: 7-0-0
Motion to adjourn made by Vice – Chairman Magauran to go into executive session, seconded by member Napoli at 8:45.
VOTE: 7-0-0
Respectfully submitted,
Sherman Briggs, Clerk
| 
