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August 2, 2010
TOWN OF MARION
PLANNING BOARD

AUGUST 2, 2010

MEMBERS PRESENT:        Jay Ryder, Chairman
                                                Joe Napoli
                                Steve Gonsalves
John Sweeney
        Julia Deane Crowley
                                                Sherman Briggs, Clerk  


MEMBERS ABSENT:        Vice-Chairman Tom Magauran
                                                                                            
BOARD SECRETARY:       Terri Santos

ALSO PRESENT:               Steve Grima
                                               Ricky Pursley
                                               Richard Schaefer
                                               Judith Rosbe
                                               Eunice Manduca
                                       Laura Pedulla                                                                                               Carol Sanz
                                               Diane McNamee
                                               Frank McNamee
                                                Ann Harris                      

                                
Commencement – Chairman Ryder called the meeting to order at 7:20 p.m. and explained the meeting procedure.

ANR PLAN – 468 Point Road – Moore Marion Trust II c/o Sitec, Inc.

Chairman Ryder stated that the plan and Easement Language has been reviewed by Town Counsel, Dick Schaefer and the Marion planning Board extensively and has met everyone’s approval. Judy Rosbe of 46 Water Street commented that the abutters were satisfied with the current easement agreement.

Motion was made by Member Napoli to approve the ANR plan, seconded by Member Gonsalves.
VOTE: 6-0-0

Discussion - Open Meeting Law – Chairman Ryder explained that he would put together a memo regarding the new Open Meeting Laws and distribute to the Board Members.

Public Hearing –  Site Plan Review and Special Permit for Retail Use – Pany Lawson, Amber Rose Boutique and Day Spa – 368 Front Street

Motion was made by Member Napoli to open the Public Hearing for Pany Lawson Site Plan Review and Special Permit for Retail, 368 Front Street, seconded by Member Briggs.
VOTE: 5-0-1 Note: Member Sweeney Recused – Clerk Briggs stated that he was an abutter but signed a Notice of Disclosure (on file with the Marion Town Clerk).

Clerk Briggs read the Public Hearing Notice into record.

Clerk Briggs read comments from the following Boards (on file at Planning Board Office):

Harbor Master
Police
Board of Health
Conservation Committee
A revised site plan was given to the board reflecting the addition of a handicap space.

Ms. Lawson stated that the hours of operation would be M-Sat 10-7 and Sunday 12-5 and that there would not be any large deliveries.

The landscaping was discussed and it was determined that the hedges along Front Street would need to be kept trimmed.

A motion was made by Member Napoli to issue the special permit for Retail and for Site Plan Review, with the condition that the hedge be trimmed, seconded by Member Gonsalves.
VOTE: 5-0-1

Discussion Item-Comments to the Executive Office of Energy and Environmental Affairs regarding notice of Project Change – Bay Watch Realty Trust

Chairman Ryder read comments into record made to the ZBA December 15, 2003 by the Marion Planning Board.

Chairman Ryder explained that one of the changes is that they went from 192 units to 169 units.  It was explained that there is no wastewater treatment facility on site and they are proposing to tie into Marion’s town facility.  It would add another 30,000 gallons a day to a facility that is already over taxed and would require $1,000,000 to the expansion of the treatment facility to handle that.

Member Briggs suggested that more people need to get involve.  He expressed concern that there is no mechanism that will make Baywatch get charged a fee to hook up to sewer .  

After discussion it was decided that comments would be made to the EOEEA reflecting concern of the size of the project and a full Environmental Report would be necessary.


Continued Public Hearing - Special Permit for Setback, Special Permit for Retail and Site Plan Review –406 Wareham Street c/o Rob Pellegrini

Motion was made by Member Gonsalves to open the Public Hearing for Cumberland Farms Special Permit for Setback, Site Plan Revue and Special Permit for Retail and was seconded by Member Napoli.
Vote: 5-0-1 Note: Member Sweeney Recused  

Motion made by Member Gonsalves to continue the Public Hearing for Cumberland Farms to August 16, 7:30, 7:45 and 8:00, seconded by Member Napoli.          
VOTE: 5-0-1

Old/New Business

Approval of Minutes
Motion made by Member Napoli to approve the  July 6 minutes, seconded by Member Gonsalves.
VOTE: 6-0-0

Approval of Bills
Motion made by Member Napoli to pay bill from Field Engineering for Cumberland Farms subject to receiving balance due in 53G account, seconded by Member Gonsalves.
VOTE: 6-0-0

Motion to Adjourn made by Member Napoli, seconded by Member Crowley at 9:25                    
VOTE: 6-0-0


List of Documents Submitted:

- Comments made to the ZBA by the Planning Board dated December 15, 2003
- Revised Site Plan – 368 Front Street






Respectfully submitted,



Sherman Briggs, Clerk