TOWN OF MARION
PLANNING BOARD
October 18, 2010
MEMBERS PRESENT: Jay Ryder, Chairman
Tom Magauran, Vice-Chairman Joe Napoli
Steve Gonsalves
John Sweeney
Julia Deane Crowley
Sherman Briggs, Clerk
BOARD SECRETARY: Terri Santos
ALSO PRESENT: Eunice Manduca
Carol Sanz
Lucy Napoli
Commencement – Chairman Ryder called the meeting to order at 7:20 p.m. and explained the meeting procedure.
Old/New Business
Chairman Ryder announced the scheduling of the Special Town Meeting on November 15, 2010, this being the night of a regularly scheduled Planning Meeting. Therefore the Planning Board Meeting is rescheduled for November 16, 2010 at 5:00 PM.
Discussion – 2011 Meeting Schedule
Chairman Ryder asked the Board if they would like to have the meetings on Tuesdays at 5:00 PM before the Board of Selectman’s Meeting.
After discussion it was determined that two hours would not be enough time to handle some important matters. Having the meetings at 5:00 made it too difficult for Board Members and Members of the public who work to make it to the meetings. It was then determined that 6:00 PM or 6:30 PM would be possible.
After discussion the Board agreed that 6:30 PM would be the preferred time.
Chairman Ryder asked the Board Secretary to consult with the various engineers on their preference of a 6:00 PM or 6:30 PM time would be preferable.
Approval of Minutes
Motion made by Vice-Chairman Magauran to approve the August 16 minutes as amended, seconded by Member Sweeney.
VOTE: 7-0-0
Motion made by Vice-Chairman Magauran to approve the September 7 minutes as written, seconded by member Napoli.
VOTE: 7-0-0
Motion made by vice chairman Magauran to approve the September 20 minutes as written, seconded by Clerk Briggs.
VOTE: 7-0-0
Member Napoli brought up a question with respect to the Mullin Rule and if the Board would want to bring it to Town Meeting.
Vice-Chairman Magauran explained that the Mullin Rule would enable a Board Member to miss a Public Hearing and still vote. It would enable them to review missed testimony through audio or video of the meeting as well as the minutes. Because members have missed Public Hearings, it has slowed things down in the past.
Member Sweeney asked how you go about getting the Mullin Rule in place.
Vice-Chairman Magauran explained that you would need to have Jon Witten put together the bylaw which would need to be advertised. It would require the Board to have a Public Hearing, and bring to Town Meeting to be voted on.
After discussion it was decided that it would be best to plan on putting on the Warrant for the spring 2011 Town Meeting. They were all in agreement that the Board Secretary shall contact Jon Witten to put language together and begin the process.
Carol Sanz asked the Planning Board Members what the status was of the 40B application.
Vice-Chairman Magauran explained that he had gone to the Conservation Commission and asked where they were with regards to their process. Essentially the Conservation Commission is the enforcer of the Federal Wetlands Protection Act and the state. They had determined that there were wetlands and two or three vernal pools. One of which was decertified by the Natural Heritage, which is a state agency. Vice- Chairman Magauran was told by this Conservation Commission that decertification rarely if has ever happened. It has a significant impact on the project relative to the feasibility of the road into the project. They are now going through
the process of hiring an engineer to evaluate if they are wetlands which should be addressed or not. The applicant can not get a building permit without getting an approval from the Conservation Commission and the ZBA. In order for the project to go forward they need the building permits. On Tuesday, November 2, ballot question #2 asks if 40B should be repealed. If 40B is eliminated and the Applicant does not have a building permit by January 1, then the project will be dead.
Carol Sanz stated that people think that the project is over regarding the 40B project and that they need to get more involved.
Member Napoli commented that we are for affordable housing but we are against the law itself because it does not address affordability. The law as written is not helping those people who are in need of affordable housing.
Approval of Bills
None to approve
Motion to Adjourn made by Member Napoli, seconded by Member Gonsalves at 8:10
VOTE: 7-0-0
List of Documents Submitted:
Minutes of August 16, 2010, September 7, 2010 and September 20, 2010.
Conservation - Legal Notice October 27 Public Hearing.
Planning Board Budget 10/11/10
Respectfully submitted,
Sherman Briggs, Clerk
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