Plan of Record Put to Test

            The owner of the Dunkin’ establishment at 450 Wareham Street went before the Marion Planning Board on May 3 seeking minor alterations to a site plan that had been awarded a special permit.

            The signature change is the elimination of the word ‘Donuts’ from the Dunkin’ brand. As tweaked, the letters of the new sign over the front doors will be slightly smaller than the 16-inch letters prescribed in the site plan. Other essential changes include a canopy over the menu board, digital letters at the drive-thru, and interior redesign elements that do not fall into the board’s purview.

            Project representative Luis Bettencourt told the board the owner is looking to tweak the plan of record. “We don’t like that ‘gauntlet gray’ that has been provided,” he said, alluding to intentions of choosing an almost-white shade of gray on the exterior of the building.

            Members of the board took no issue with the stated changes but did have a problem with contradictions on the plan of record.

            Andrew Daniel sought to clarify what was approved versus the plan’s call for building signage such as “Marion runs on Dunkin,’” and “Fresh is around the corner,” and other elements not in synch with the stipulations of the permit.

            “Purple door handles aren’t exactly ‘Cape Cod colors,’” said member Norm Hills. “I want to see a plan that doesn’t have that stuff. … I want something that codifies exactly what we’re agreeing to so in the future there’s no second guessing.”

            Bettencourt said those elements will not be part of the construction, and he was not aware of the coffee cup on the exterior sign. He was hoping his email on the matter would save the expense of hiring an architect to revise the site plan to local specifications.

            He further recommended the board visit the Dunkin’ off the rotary where Route 28 converges with Routes 18 and 44 in Middleborough.

            Town Planner Gil Hilario suggested that, if the Planning Board deems the requested changes to be categorically minor, then Building Commissioner Scott Shippey can rule on the matter and the board can apply conditions.

            “I think you do need to have plans that show the options you’re going to choose, not three options,” said Hills, who suggested providing the drawings with a letter stating the exceptions. “That would be acceptable.”

            Chairman Will Saltonstall recommended a PDF file of the drawings marked up so the Planning Board will have a plan of record.

            Poyant Signs is working with the applicant and will apply for the signage permit, according to Bettencourt.

            Outside the building, Daniel also noticed that trash receptacles were recently removed from the drive-thru path, resulting in litter.

            The most-serious concern was not on the agenda, as Saltonstall said that traffic on the site is backed out onto Route 6. “Not once in a while,” he stressed. “If the popularity of this site continues to grow and the density of this site grows, we may see a serious accident.”

            Hills noted a friend’s vehicle was hit by somebody trying to get into the Dunkin’ parking lot, while Daniel noted the extreme turn for cars heading east on Route 6.

            Bettencourt said that the owner of the Dunkin’ also owns the property next door to the right and will examine the traffic flow.

            “There is nothing wrong with saying, ‘This was approved, but things have changed.’ …Take a step back and say, ‘How can we make it safer?’” said Daniel.

            The board voted to consider the requested changes to Dunkin’s special permit to be minor. The board will send a letter to Shippey, and the owner will provide a final set of plans.

            A continued public hearing on a definitive subdivision plan on County Road near the Rochester town line per applicant Todd Zell was represented by Dave Davignon of Schneider, Davignon, & Leone, Inc.

            Davignon requested several waivers that were discussed in detail, none of which emerged as sticking points. But, citing the number of waivers, Saltonstall said he would like more time to look them over. The Planning Board voted to continue the public hearing to the board’s May 17 meeting at 7:05 pm.

            Referencing a 2018 report, member Eileen Marum said that pesticides were found in Wareham’s drinking water and asked Davignon for assurance that the well water is free of pesticides. Davignon discussed the permitting process, including testing at a local laboratory. A failure, he said, would require a new location at greater depth.

            “I’ve yet to see a site not be able to get potable water, but there have been issues with cranberry bogs – I’m curious if those sites were downgradient or upgradient,” said Davignon. “You cannot get a building permit unless you can show the Board of Health you can get (clean) water.”

            Davignon added that Zell and his brother built 18 years ago on adjacent lots, and he is not aware of any issues.

            No one answered the call for public comment.

            In a continued public hearing for a special permit and major site plan review submitted by applicant Sherman Briggs and Hamblin Homes, Inc. for construction of 28 townhouses at Spring and Mill Streets, Briggs made a point of inviting Planning Board members for a site visit.

            A visit was tentatively scheduled for Friday, May 7, at 11:00 am with representatives from Lakeview Engineering Associates (representing Briggs) and Beals and Thomas, Inc. (Town of Marion). According to Hilario, stormwater designs are contingent on discussions between the two engineers.

            “From a Planning Board perspective, we can have the site meeting, can talk to the review engineer, and we’re going to have a discussion. But then the ball’s in your court to have some pretty significant information. That’s my interpretation of where we are,” Saltonstall told Briggs and Steve Poole of Lakeview Engineering Associates, who represented Briggs at Monday’s meeting.

            The Planning Board voted to continue the hearing to May 17 at 7:15 pm.

            A continued public hearing for a special permit for a proposed zoning change to Residence E at Bournhust Road and Wareham Street represented by attorney Patricia McArdle was only reopened to be closed after the application was withdrawn.

            Saltonstall anticipates further discussion between the applicant and the Board of Selectmen regarding the potential for hookup to town sewer.

            The next meeting of the Marion Planning Board is scheduled for Monday, May 17, at 7:00 pm.

Marion Planning Board

By Mick Colageo

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