One last-minute zoning bylaw article made it onto the Fall Special Town Meeting warrant in the nick of time, just as the Marion Board of Selectmen was about to close the warrant on September 18.
Resident Sherman Briggs, in his efforts to construct a new housing development on his Spring Street property, hit a snag the prior evening during the Planning Board meeting when he was told he would need to seek setback relief from the Zoning Board of Appeals if he wanted to proceed with his plan for 27 units placed within 10-15 feet of the property setbacks. Instead, Briggs decided to submit a bylaw amendment article to reduce the side and rear setbacks for District Residence E from 20 to 10 feet.
As the selectmen pondered the article, Town Administrator Paul Dawson was unsure the last minute add could be done.
“I don’t know: I’ve never seen that,” Dawson said.
Selectman Jon Waterman commented that the only way the article could make it onto the warrant is if the board allows it. This article, in Waterman’s own words, would avoid a similar situation experienced by another business owner in Marion, Dan Crete, whose road on which he travelled with the Planning Board was long and winding.
“I think we owe it to Mr. Briggs to find an expeditious way of moving this ahead,” said Waterman; otherwise, it couldn’t be addressed until the Annual Town Meeting next spring.
Selectmen Chairman Norm Hills said he might have an alternative solution to Briggs’ problem; however, he hadn’t had much time to consider it or talk it through.
“You certainly can add it to the warrant,” Dawson said. He just isn’t confident in the logistics. Of course the Planning Board would have to advertise for two weeks before holding a public hearing, Dawson said, “And, frankly, I don’t know if there’s enough time to complete [it].”
But it could be possible, Dawson stated.
“It’ll be tight, but I think it can be done,” said Hills.
And, if for some reason the Planning Board is unable to meet the deadline, Dawson added, “It would just have to be passed over at Town Meeting.”
Selectman Randy Parker agreed to add Briggs’ article to the warrant, saying to Hills that, should he come up with a viable alternative, the article could simply be passed over.
The October 22 Fall Special Town Meeting warrant features 12 other original articles as follows: Article 1 is to appropriate $500,000 for a “borrowing authorization” for water pollution facility projects – repair, replace, upgrade failed septic systems (The town would lend the money to qualifying residents, which would be paid back to the Town).
Article 2 is for $65,000 for the Water Department to buy a new 4-by-4 pickup truck with plow (This article was passed over at the Annual Town Meeting due to a misprint in the sum).
Article 3 appropriates $55,000 to purchase the electric vehicles currently leased by the Town.
Article 4 allows the Department of Public Works to buy a new $160,000 10-wheel dump truck with plow and sander.
Article 5 is for $50,000 for the DPW to buy a used six-wheel dump truck with plow and sander.
Article 6 would adopt the Marion “Stretch Energy Code” regulating the design and construction of buildings for energy efficiency. This bylaw adoption is a requirement for the Town’s “Green Community” status.
Article 7 would insert new Adult Use Marijuana Establishment regulations into the general bylaw.
Article 8 inserts Adult Use Marijuana Establishments into the zoning bylaw table of uses.
Article 9 would amend the Code of the Town of Marion to insert a section for the Adult Use of Marijuana.
Article 10 amends the dog kennel bylaw by changing the definition of “hobby” kennel to five to 10 dogs that are housed, groomed, bred, boarded, trained or sold, and also change the definition of a “household” kennel to a collection of up to four dogs that are maintained as household pets, not for breeding purposes, as well as several other amendments.
Article 11 would add “commercial kennel” and “hobby kennel” to the Code of the Town of Marion table of uses.
Article 12 adds “commercial and hobby kennel” to the uses authorized by a special permit in the Code of the Town of Marion.
In other matters, the board denied Catherine Brodeur’s request for an aquaculture license for a site at Mitton’s Flats.
Brodeur requested a half an acre to cultivate oysters just north of the recently approved site for Shea Doonan’s Mitton’s Flats aquaculture farm, a location that Harbormaster Isaac Perry said is a suitable site for an aquaculture farm. Having said that, though, Perry could not recommend granting the license because, in his opinion, the project would be a detriment to those who fish for shellfish as a recreation in Marion – a major concern, Perry said.
“Since we have just permitted [Doonan’s site] 70 feet south, if [Brodeur’s project] moves forward, it would eliminate the majority of the area that is available for recreational shellfishing,” said Perry. ”We just feel that … if this one were to move forward it would be obviously in the favor of the applicant, but a little bit to the detriment of the people who purchase shellfishing licenses.”
Brodeur expressed frustration over Perry’s comments, asking him why he would tell her that the site was ideal for an aquaculture farm, and then that night recommend that the selectmen not approve it. Adding to her frustration is the fact that this half-acre site is the last viable spot for an aquaculture farm left in Marion waters.
The board asked Perry what he would do if the decision were his, and he replied, “If it were up to me – it’s just too much in the favor of the applicant. It would effectively squeeze out what little recreational shellfishing we have in the area.”
Brodeur argued that there was very little shellfish in that area available for recreational shellfishing, saying that the last time she went out there to dig for shellfish she came up with “just a large handful of quahogs.”
The selectmen considered allowing a public hearing nonetheless just to hear from neighbors and residents, but ultimately decided against it.
“I don’t want to drag someone through a public hearing if the harbormaster isn’t in favor of it,” said Parker.
Also during the meeting, the board approved David Davignon’s request for one of two subdivided lots off Beach Street to connect to municipal sewer.
The board also approved acting Department of Public Works Superintendent Jon Henry and Fire Chief Brian Jackvony’s proposal to add one additional fire hydrant to the aforementioned Beach Street subdivision’s plan.
The next meeting of the Marion Board of Selectmen is scheduled for October 2 at 7:00 pm at the Marion Town House.
Marion Board of Selectmen
By Jean Perry