TOWN OF MARION
PLANNING BOARD
September 7, 2010
MEMBERS PRESENT: Jay Ryder, Chairman
Tom Magauran, Vice-Chairman Joe Napoli
Steve Gonsalves
John Sweeney
Julia Deane Crowley Note: Arrived at 5:20
Sherman Briggs, Clerk
BOARD SECRETARY: Terri Santos
ALSO PRESENT: Ricky Pursley
Eunice Manduca
Laura Pedulli Carol
Sanz
Ted North
Lucy Napoli
Jack O’Leary
Rob Pellegrini
Manny Paiva
Commencement – Chairman Ryder called the meeting to order at 5:10 p.m. and explained the meeting procedure.
ANR – Moore Marion Trust c/o Dick Schaefer
Dick Schaefer presented the Mylar plan and explained that a portion of the land was registered land and had not been recorded on the original Mylar.
Motion was made by Vice-Chairman Magauran to accept the revised Mylar, seconded by member Napoli.
VOTE: 7-0-0
Continued Public Hearing - Special Permit for Setback, Special Permit for Retail and Site Plan Review - 406 Wareham Street c/o Rob Pellegrini
5:20P.M. - Motion was made by Vice-Chairman Magauran to open the public hearing for Cumberland Farms and was seconded by Member Gonsalves.
Vote: 6-0-0 Note: Member Sweeney Recused
Chairman Ryder asked Attorney Pellegrini if there were other plans to present to the board that evening.
Per conversation with Board Secretary Terri Santos that day.
Attorney Pellegrini explained that he had “gathered that the Board would want to discuss a smaller building and had hoped to discuss with his client before the meeting” in order to present to Cumberland Farms. He then stated that they were not presenting any changes in the plan that evening.
Attorney Pellegrini went onto summarize the basis of the special permits and site plan review applications. He stated that he wanted to add that Cumberland Farms had made many revisions per the board’s request as follows:
- Revised the architecture and building materials
-Added landscaping that was requested
-Removed parking adjacent to dumpsters
-Restricted front street driveway to in only
-Redesigned the driveway radii
-Installed new sewer line to connect to the town sewer pipes
- Reduced building and the size of the canopy
-Altered to provide gable and full pitch roof
- Redesigned the roof lines
- Removed weathervane and cupola
- Redesigned the windows and added to the side
- Redesigned brick
- Added wheel chair accessibility
- Added snow removal areas
- Improved the off street drainage design
Mr. North summarized that there were several issues that needed to be resolved per comments on file in the Marion Planning Board Office dated September 7, 2010. The first regarding the definition of retail gasoline sales and if they constitute retail establishment under if it were to exceed the 5,000 square feet Marion’s zoning bylaws. The other issue is if the fueling lanes are regarded as parking spaces under the Marion zoning bylaws.
Attorney Witten went over procedural questions in regards to voting on the Public Hearing.
Mr. Pellegrini established that Cumberland Farms did not want to grant an extension. He confirmed that the board received the Cumberland Farms responses (dated August 31, 2010 on file with the Marion Planning Board) to Tom Magaurans questions were made part of the record. It was established that the responses were part of the record.
Motion was made to close the Public Hearings by Vice- Chairman Magauran, seconded by Member Napoli.
VOTE 6-0-0
Chairman Ryder asked the Board for opinions about the project.
Member Crowley responded that she would like Cumberland Farms to abide what they have submitted to the Board.
Sherman Briggs commented that he is in favor of the project. He also mentioned that they would need to put maintenance of parking lot, shrubs and sidewalks as a condition. He explained that it would increase the tax base and also has environmental upgrades. He stated he would like to see it move forward and not get into the “Court System”.
Member Gonsalves stated that he would like to see that corner cleaned up. He expressed concern about the lighting and would like to have a condition that it be consistent with the type of lighting that Dunkin Doughnuts and the bank across the street have.
Member Napoli agreed that the maintenance of the sidewalks should be conditioned along with the lighting.
Vice-Chairman Magauran expressed concern that it would be difficult to make the project consistent with the by-law and design guidelines. He then made the following comments:
-Single use structure that will be one story when we are trying to make it multi use and mixed use.
-The proposed plan currently presents a safety risk that “does not think can condition out.”
- 50 % of the traffic will need to leave from back corner of lot and is not well suited for it and will conflict with deliveries.
-There will be too much risk with the intensity of use and he commented that he “struggles with why more than doubling the size of building was necessary.”
-Should know what the relationship is to the store across the street and “it is absolutely relevant as to what happens to the volumes at this site”.
-This intensity of use with traffic is not truly effective for the Town of Marion. Does not think the site works.
Vice-Chairman also commented that there were many things with the building that were positive such as being ADA compliant and the significant SKU increase.
Member Napoli commented that it “appears to him that it will be the only gas station in town.”
Chairman Ryder commented that he is opposed to the project as presented and agreed with Vice-Chairman Magauran that the intensity of use is too great for that lot. He stated that with the density issue relates directly to a safety issue and is his biggest concern. Chairman Ryder stated that he does not know how the deliveries will affect the traffic pattern and is definitely opposed to the architecture that faces Front Street and is opposed to a sidewalk on route six because of snow issues. Vice-Chairman Magauran commented that the sidewalks will be maintained by conditioning according to Town By-Law.
It was noted that Cumberland Farms would withdraw their request 24 hour business and would retain the current operating hours of 5AM to midnight.
Jon Witten advised the board that they are being asked to approve three different applications.
The two of which are by special permit which require a vote of five of the board members, site plan review requires a majority of the board. The board would have to take three separate votes; the first application pertaining to use, section 4, the second application is the setback section 5.1 #12 and the third is site plan review. He then confirmed that they need to be three independent decisions.
Motion was made by Vice-Chairman Magauran to deny the Special Permit for Retail, Chairman Ryder seconded.
VOTE: 3-3- 0
Yea – Jay Ryder, Tom Magauran, Jay Crowley
Nay – Joe Napoli, Steve Gonsalves, Sherman Briggs
Motion made by Chairman Ryder to deny the Special Permit for Setback, seconded by Vice-Chairman Magauran.
VOTE: 3-3-0
Yea – Jay Ryder, Tom Magauran, Jay Crowley
Nay – Joe Napoli, Steve Gonsalves, Sherman Briggs
Motion made by Jay Ryder to deny Site Plan Review, seconded by Vice-Chairman Magauran.
VOTE: 4-0-2
Yea – Jay Ryder, Tom Magauran, Jay Crowley, Joe Napoli
Abstained - Steve Gonsalves, Sherman Briggs
Old/New Business
Approval of Minutes
Motion made by Chairman Ryder to approve the minutes for July 19, seconded by Vice-Chairman Magauran.
VOTE: 7-0-0
Motion made by Member Napoli to approve the minutes for August 2, 2010 as amended, seconded bye Member Gonsalves.
VOTE: 7-0-0
Motion to Adjourn made by Member Napoli, seconded by Member Gonsalves.
VOTE: 7-0-0
List of Documents Submitted:
Cumberland Farms
Comments from Ted North Sept. 7, 2010
Letter from Cumberland Farms dated August 31, 2010
Water/Sewer Commission Minutes
ZBA Notice of Decision #640
ZBA Notice of Decision #642
Respectfully submitted,
Sherman Briggs, Clerk
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