A citizen’s petition signed by 25 residents that proposes a restriction on the size of commercial and retail structures, aimed at discouraging “big box” businesses from moving to Marion, had its public hearing on January 5, with no public in attendance.
The petition to amend current zoning bylaws to cap commercial and retail structures to 10-percent lot coverage with a maximum of 5,000 square feet will appear on the May Annual Town Meeting Warrant as an article, whether the Marion Planning Board recommends it or not.
The consensus that evening was to table further discussion while the Planning Board Master Plan Subcommittee devises its own, more comprehensive version of a bylaw amendment the Planning Board might ultimately favor.
The citizen’s petition, spearheaded by former Planning Board member Ted North who also sits on the Master Plan Subcommittee, was generally unpopular with the board during prior discussions.
Planning Board Vice-Chairman Norman Hills reiterated his concerns about the petition he referred to in the past as “too thin” and “unclear and confusing,” pointing to the proposed bylaw’s failure to specify which zones would be excluded from the building size restriction, rather than identifying which zones would be affected. He said it also redefines the definition of “gross square-foot area” as already defined by current Town bylaws, renaming it “footprint.”
“I think this is a knee-jerk reaction,” said Hills about the citizen’s petition. “We need to take the time to address this intelligently.”
Planning Board member Robert Lane encouraged the board to reject it with comment and see if the subcommittee can produce a bylaw “of a more complete nature.”
Board member Rico Ferrari advised reserving judgment or any further evaluation until the end of the hearing to allow for public input from citizens.
But, Ferrari said, gesturing to an empty audience, “Evidently there’s not many out there.”
“We’ve only just begun to address the issue,” said Lane. Within a few weeks, suggested Lane, the subcommittee might have something to present to the Planning Board for consideration.
The public hearing was closed after roughly ten minutes of discussion.
In other news, Planning Board Chairman Stephen Kokkins once again defended his stance on appealing the building permit for the Briggs solar farm, after the Marion Zoning Board of Appeals already approved a variance, while Hills maintained his dissent over the matter. Kokkins reasserted that a section of the Town’s solar bylaw requires the applicant to file with the Planning Board for a site plan review, and overlooking this requirement would set a dangerous precedent.
Hills maintained that the project does not meet the requirements that would trigger a site plan review and the matter should be laid to rest.
Hills read aloud an email written by resident Jennifer Francis, criticizing the board’s majority decision to fight the building permit because it will disrupt the development of the community solar garden, which Francis claimed has already sold half its shares. She states in the email that the “dangerous precedent” the board perceives does not exist.
“The Planning Board has a number of important projects and issues already on its plate,” Francis’ email reads. “Surely your time, effort, and resources should be targeted at these critical … activities and not wasted on an appeal that has no merit and has no benefit to the town.”
Kokkins said the intent is not to obstruct the project. It is simply to “preserve the integrity of that process.”
“It is not indicative of opposition to that project,” said Kokkins.
The board debated Town Counsel Jon Witten’s opinion on the matter, delivered in a November 23 letter that stated, “…I concur with the Planning Board’s opinion that the Board of Appeals’ grant of a variance … was not a grant of a variance from the requirements of Section 9…” However, Witten continued, “According to the plans filed by the engineer … the square footage threshold of Section 9.1.1 is not triggered.”
“In two weeks from now, the issue will be resolved by the ZBA,” said Kokkins. That ZBA meeting will be January 22 at 7:30 pm.
The board also briefly discussed hiring a transcription company to provide certified transcripts of the December 15 Planning Board Meeting, as well as future meetings involving the developers of a proposed CVS for the corner of Route 6 and Front Street.
Estimates for the service hovered around $500 per meeting. Kokkins said having the transcripts could be useful “if there’s ever any serious dissention involved in the future.” No action was taken.
Also during the meeting, the board approved paying $12,256 from the FY15 consulting line item to SRPEDD for its Master Plan services.
The next meeting of the Marion Planning Board is scheduled for January 20 at 5:00 pm at the Marion Town House.
By Jean Perry
