TOWN OF MARION
PLANNING BOARD
July 19, 2010
MEMBERS PRESENT: Jay Ryder, Chairman
Tom Magauran, Vice-Chairman
Joe Napoli
Steve Gonsalves Note: Arrived at 7:40
John Sweeney
Julia Deane Crowley
Sherman Briggs, Clerk
BOARD SECRETARY: Terri Santos
ALSO PRESENT: Ted North
Steve Grima
Nathan Canto
Donald Bliss
Ricky Pursley
Carol Sanz
Joan Hartnett – Barry
Jack O’Leary
John Aharaonian
Manny Paiva
Rob Pellegrini
Commencement – Chairman Ryder called the meeting to order at 7:17 p.m. and explained the meeting procedure.
Discussion Item-119 Wareham Street – Conditions issued to John D’Italia c/o Nathan Canto
Nathan Canto explained to the board that last year John D’ Italia was relived of ownership of the building and he understands that there were some conditions “left untouched by D’ Italia.” One of the conditions was the curb cuts on route six – Mr. Canto asked if he could “buy more time” before MA highway takes care of them.
He explained that they are having extreme difficulty in getting renters because of the economy, especially in the end unit due to the lack of parking. He would like the Planning Board to allow parking for at least two cars on the Point Road side. That end was left un-landscaped because they will need run a six inch main as part of doing the upstairs apartments so has not landscaped yet. He explained that in two weeks he will start the work. He stated that they would like to allow “at least two cars” to park on that end of the building and could put a fence up to block the view of the cars or put landscaping along curb of Point Road.
Don Bliss distributed a rendering of a site plan labeled 119 Wareham Road (on file at Marion Planning Board Office).
Chairman Ryder stated that one of the reason there was no parking on the Point Road side of the building was because of safety issues. He explained that he was not sure that the Board was in the position to change their minds about it but could discuss it. “With regard to curb cuts on route six - that is as much a MA Highway issue as it is a Planning Board Issue.” He stated that Mr. Canto needs to work with the Building Inspector to get an extension of the deadline to meet the conditions.
Nathan Canto explained that he has met with the building inspector regarding the letter dated June 26 and has completed almost half of the code violations. He stated that Richard Marx did not have an issue with the parking on the end but was told he would have to go to the Planning Board.
Vice – Chairmen Magauran explained that the reason there was no parking allowed was because of the proximity to the intersection on route 6. It was made clear from the beginning that there would not be parking on that end of the building. There had been discussion as to if there could be café style seating on that corner. Vice-Chairman Magauran suggested to Mr. Canto to get the approved landscaping plans and explained that he could submit a request for change which may require major or minor site plan review and possibly a public hearing. He explained that there are only temporary occupancy permits for the units that are rented.
Chairman Ryder stated that the opinion of the Board is to get the site up and running and expedite the process so they can get renters in.
Member Napoli stated that they have “made a great improvement with the landscaping and the board needs to work with Mr. Canto to help with their issues.”
Member Sweeny asked if there is enough room to physically drive through the back of the building, park and turn around the back.
Mr. Canto explained that with the addition of staircases and air conditioning units there would not be enough room.
The curb cuts on Route 6 were discussed and the applicants were told that in the future curbs should be put in. Some possible solutions could be to get some plantings in there which would prohibit any type of egress along the sidewalk. Taking the gravel out and putting in trees and locking chain would stop people from driving onto sidewalk.
Continued Public Hearing - Special Permit for Setback, Special Permit for Retail and Site Plan Review –406 Wareham Street c/o Rob Pellegrini
7:35 P.M. - Motion was made by Vice-Chairman Magauran to open the public Hearing for Cumberland Farms and was seconded by Member Gonsalves.
Vote: 6-0-1 Note: Member Sweeney Recused
Clerk Briggs read the Public Hearing Notice into the record (on file with the Marion Planning Board).
Clerk Briggs read into record a letter from the Marion Fire Chief dated July 14, 2010 (on file with the Marion Planning Board).
Vice-Chairman Magauran stated for the record that Fire Chief Joyce had no plan in front of him (regarding the gas pumps behind the store) and does not believe the comments are relevant. If he is really worried about a gas station blowing up and maybe this should be in an even more secluded place. It is a very intense use of a very small lot. Final comments regarding crime and aesthetics are opinion.
Clerk Briggs commented that “Fire Chief Joyce was a previous Police Chief in a town that probably saw more crime than Marion.
Ted North of Cove Circle Marion presented written comments dated July 19, 2010 (on file in the Marion Planning Board Office). The two key issues were the need for a special permit for the 50 foot setback and the size of the project with respect to Marion Zoning By-Laws.
In regards to size of the project, Vice-Chairman Magauran asked Mr. North if he looked at the size of the concrete pad.
Mr. O’Leary responded to the question with the fact that the concrete pad is smaller -13 feet X 92 feet and the canopy is 23 feet x 92 feet.
Vice-Chairman Magauran stated that regarding Ted North’s recommendation to require a Special Permit for the increase in size of the tanks - the Board would consult with Town Counsel.
Chairman Ryder stated that no comments have been received yet in writing from the Board of Health regarding the interior. He explained that he met with Karen Walega and she voiced concern regarding the hotdog machine. She will submit written comments when she returns from her vacation.
Rob Pellegrini stated he has been told that the hot dog machine is self serve and employees will not serve the hot dogs.
Chairman Ryder said after looking at the plan it did not look like the public had access to the machine and therefore would need a Fast Food Special Permit.
Rob Pellegrini introduced Jack O’Leary of Merrill Associates and addressed the comments submitted by Ken Motta of Field Engineering dated July 18 (on file with Marion Planning Board Office). Mr. Motta referenced #8 of the comment letter, looking for additional details of the handicap ramp which will be included on the next site plan. Referencing #25, the snow removal calculations have been submitted and it was determined that it needed to be trucked off site if get over 13.8” and have a limit of pile height of 2.5 feet. It was explained that for comment #15, Mr. Motta wanted to call attention to the fact that specific details on the pavement restoration and permitted activities should be coordinated with the DPW and conditioned in the Special Permit.
Chairman Ryder asked if they have given any thought to moving sidewalks away from route six and front street.
Jack O’Leary said if moved away from street it would take away from the landscaping.
Chairman Ryder asked if Cumberland Farms would offer to maintain the sidewalks.
Mr. O’Leary commented that it was usually Mass Highways responsibility and did not think Cumberland Farms would want to bring that liability on themselves.
Vice- Chairman Magauran explained that the Applicant has responsibility to maintain the sidewalks and is typically a condition for allowing reduction in setback. The bylaw from section 5.12 was read into record.
Mr. O’Leary stated that he had no further comment on that.
Chairman Ryder asked where the Cumberland Farms was located that was pictured in the exhibit at the store. It was explained that it was a model and has not been built; this Cumberland Farms in Marion would be the first of its kind.
Chairman Ryder stated that exiting the gas pumps will be an issue considering it only takes two cars on Front Street to back up the traffic to the curb cut. It was discussed that people may or may not obey the arrows and the signs.
Vice Chairman Magauran voiced concern with the fact that there is going to be a lot of development in that area. He continued to question if the traffic flow was practical and if people were going to actually exit onto Front Street through the one exit. He asked for an engineer to stake his reputation and say that they will drive all the way to the back of the lot to exit then to get onto route six. It was discussed that a Circulation Study was done not a Traffic Study.
Attorney Pellegrini stated that he felt the traffic engineer had developed a plan and he provided a written report signed by him saying that it would work. He stated that Mass DOT doesn’t feel there is any other safe alternative.
John Aharonian of Aharonian Associates Architecture presented samples and showed examples of other buildings in town. He explained that they are putting clap boards on the front and shingles on the side. They are introducing a synthetic stone which is made of a concrete material. Much of the materials are relatively maintenance free although not inexpensive. The roof shingles are a mixture of colors, have not taken samples of colors yet and matched to the model, will do for next meeting. The material gets nailed on with stainless steel nails.
Carol Sanz commented that the building is large and “very busy” looking. She thought that the changes in color make it very busy. She wondered why it had to have the dormers and the columns.
Mr. Pelegrini said that they started out with a very simple building but after 8 or 9 hearings this is what came up with. Were asked to add dormers and pillars, and change roof pitch.
Vice-Chairman Magauran stated that the first building had a flatter roof than the design proposed now and that roof pitch falls under the design guidelines.
Steve Grima commented that one of the things that make it look so massive is because it is symmetrical. Most of the buildings in Marion are not symmetrical except for Dunkin Doughnuts. He explained that the theme for smart growth and urbanism is to make the design pedestrian safe, get people walking more and out of their cars. They are trying to recreate the village concept which would require a master plan to slow down the traffic which would require the state to work with them.
Mr. Pellegrini asked if the Fire Chief was he originally provided with a plan in the beginning of this.
Vice Chairman Magauran stated that he had access to the original plan submitted by Cumberland Farms- he had access but no exposure to the plan with respect to the gas tanks in back.
Mr. Pellegrini commented that with respect to the traffic and the board not believing that the traffic plan would work - that has been reviewed and approved by the town engineer. He was able to identify the sites similar to the proposed Marion site they were: Provincetown, Chatham, Dennis, West Yarmouth, three in Hyannis, Falmouth, Bourne, Hanson, Bridgewater, Carver, Halifax and Fairhaven. Those are all sites with four or more pumps and have had recent upgrades.
Mr. North commented that there were some housekeeping issues - “Sparky” the fire hydrant is missing and that there is a fire and safety issue.
Vice-Chairman Magauran stated that we are waiting for comments from the Architect, Board of Health, final comments from Ken Motta and correspondence with the MA - DOT.
Motion was made to continue the public hearing made by Member Napoli August 2 at 7:45, 8:00 and 8:15, seconded by Vice-Chairman Magauran.
VOTE 6-0-1
Old/New Business
ANR PLAN – 468 Point Road – Moore Marion Trust II c/o Sitec, Inc.
Chairman Magauran explained that the ANR plan would be continued to August 2.
PreSubmission Hearing – Amber Rose Boutique and Day Spa – 368 Front Street c/o Pany Lawson
Steve Grima introduced himself as the representative for Pany Lawson. He explained that there will be no alterations to the building other than painting. Pany Lawson explained that she would have a spa upstairs and retail services with some clothing and jewelry downstairs.
The waiver of items under bylaw 9.11 were discussed. It was determined that a Floor Plan would be needed along with the site plan to provide square footage. It was determined by the Board that a special permit for retail and minor site plan review would be needed and conditions would be made for the cutting of the hedges.
Member Gonsalves asked about handicap parking. Mr.Grima said that numbers are low enough but will double up on several spaces to create a space.
A motion was made by Vice-Chairman Magauran to accept the submission of site plan detail, with the additional requirements, request a floor plan and interior layout subject to change if need more information and cut hedges, seconded by Member Napoli.
VOTE: 5-0-2 Note: Member Sweeney and Clerk Briggs Recused
Discussion – Comments to the ZBA regarding Fernando and Sonica Pacheco – One Sparrow Lane
Vice-Chairman Magauran commented that the ZBA has the capacity to make the determination if it will be problematic to have a kennel in that neighborhood.
Motion made by Vice-Chairman Magauran to make no comment to the ZBA, seconded by Member Napoli.
VOTE: 7-0-0
Discussion – Appointment of Community Preservation Committee Member
Chairman Ryder asked if any one else other than Vice-Chairman Magauran would like the appointment.
Motion was made by Member Napoli to reappoint Vice-Chairman Magauran to the Community Preservation Committee, seconded by inaudible. .
VOTE: 7-0-0
Approval of Minutes
Motion made by Vice-Chairman Magauran to approve the June 21 minutes, seconded by Member Napoli.
VOTE: 7-0-0
Approval of Bills
None
Motion to Adjourn made by Member Napoli, seconded by Member Crowley at 9:25
VOTE: 7-0-0
List of Documents Submitted:
-119 Wareham Street – Proposed Site Plan
-Cumberland Farms 406 Wareham Street
Letter From Rob Pellegrini – Revised Plans – 7/15/10
Revised Plans Dated 6/28/10
Site Plan Review Dated 7/15/10 – Field Engineering
Letter from Rob Pellegrini to Karen Walega – Board of Health Dated 6/17/10
E-Mail from Jack O’Leary – Snow Storage Calculation Dated 7/13/10
Comments from Ted North dated 7/19/10
Letter to Manny Paiva from Marion Fire Department dated 7/14/10
-Moore Marion Trust – Extension Letter dated 7/19/10 from SITEC
-ZBA request for comments Regarding Fernando and Soinca Pacheco Dated 7/2/10
-Planning Board Budget Dated 7/7/10 and 7/16/10
Respectfully submitted,
Sherman Briggs, Clerk
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