TOWN OF MARION
PLANNING BOARD
November 1, 2010
MEMBERS PRESENT: Jay Ryder, Chairman
Tom Magauran, Vice-Chairman Joe Napoli
John Sweeney
Julia Deane Crowley
Sherman Briggs, Clerk
MEMBERS ABSENT: Steve Gonsalves
BOARD SECRETARY: Terri Santos
ALSO PRESENT: Eunice Manduca
Sarah Taylor
Lucy Napoli
Commencement – Chairman Ryder called the meeting to order at 7:20 p.m. and explained the meeting procedure.
Old/New Business
Discussion – Executive Session – Proposed Settlement Talks with the ZBA Regarding 454 Wareham Street Litigation
Chairman Ryder explained that the property is located next to the Dunkin Doughnuts and is the home of the Always in Bloom Flower Shop. He explained that the Planning Board has taken the stance that maybe they could get together with the ZBA to circumvent the litigation taking place and to not “drag this out in court.”
Vice-Chairman Magauran explained that the Board approved the project based on the conditions under the by law and were written with Town Counsel. The applicant filed an appeal with the ZBA and the ZBA up held the conditions of the Planning Board. The applicant is now suing the ZBA saying the conditions of the Planning Board were arbitrary and capricious. If the Planning Board would like to negotiate the conditions with the applicant it would be a Planning Board issue under executive session with Town Counsel. If the Board is going to change the conditions the ZBA has no part of it.
Member Briggs stated that he had asked for a meeting in joint session with the ZBA. He was told it would have to be executive session with legal counsel. He expressed concern that too much is being spent on legal fees and that there is too much litigation.
After discussion it was decided that the first step is to consult with Jon Witten to figure out where the Board should go with the case and if any meetings should be scheduled. After consulting with Town Consul the Board will then decide which direction they should take if any.
Discussion – 2011 Meeting Schedule
Motion was made by Vice-Chairman Magauran to change the 2011 meeting time to 7:00p.m., seconded by Member Napoli.
VOTE: 6-0-0
After discussion it was determined that the meeting schedule should accommodate the Old Rochester Regional High School vacation schedule and the meeting the week of the Fourth of July should be changed to the following week. Other dates were revised to avoid having the meetings on Tuesdays. It was suggested that the key is to keep at least two weeks between each meeting and avoid Tuesday meetings. The Board decided to make a decision on the 2011 Schedule at the November 16 meeting.
Approval of Minutes
Motion was made by Member Napoli to approve the October 4 minutes as written, seconded by Vice-Chairman Magauran.
VOTE: 6-0-0
Motion made by Vice-Chairman Magauran to approve the October 18 minutes as amended, seconded by member Napoli.
VOTE: 6-0-0
Approval of Bills
None to approve
Motion to Adjourn made by Member Napoli, seconded by Vice-Chairman Magauran at 8:00.
VOTE: 6-0-0
List of Documents Submitted:
Draft - 2011 Meeting Calendar
Minutes – October 4, 2010 and October 18, 2010
Respectfully submitted,
Sherman Briggs, Clerk
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