A large showing of proponents and friends of the proposed Candy Pantry came before the Marion Planning Board on Monday night during the Community Outreach portion of its meeting to request relief from the lengthy permit process.
Patrick Kelly, the young man who is hoping to open the Candy Pantry within the barber shop at 428 Marion Road, came before the board flanked by his best friend, Zak Koplen, to ask the board to consider his proposal.
The board had issued a cease and desist letter to the young man, stating that his shop needed a special permit to operate at the location.
Currently, the Candy Pantry has been given permission to open within the Ropewalk Plaza in Mattapoisett.
Kelly asked the board, “May I please have my candy store at its original location at [the] barber shop?”
Planning Board Chairman Eileen Marum explained to Kelly that because the store required a special permit, it triggers a minor site plan review, including traffic and other considerations. Marum stated, “We would be pleased to consider your plan and the items you will be submitting to us,” adding that with proper documentation the board would be happy to approve the proposal.
Planning Board member Steve Kokkins said, “At first, I thought it was going to be just candy, and then I realized it would be ice cream and outside tables, which is a change of use.”
Member Chris Collings added, “I’ve been on the property and I’m very impressed with what you’ve done, and I’m excited to have another active business in town. Sorry for the bumps in the road.”
Koplen described to the board the broader benefits of the project for him and for Kelly, saying, “It is a wonderful opportunity to socialize in the community, and it is an honor to do this within this community.”
Marum described to Kelly the public hearing process and scheduled the hearing for July 10. In closing, Brian Kelly, Patrick’s father, addressed the board, raising the issue of timing.
“Patrick is only here for the summer. [Waiting until July 10] is a large part of his employment time….” He requested a temporary permit, offering the board some concessions in exchange for a temporary permit.
The senior Kelly suggested to the board that the tables, chairs, and ice cream could be removed from the immediate proposal. Marum said that she would need to bring it to town counsel, which she would do immediately. Marum remarked that “Everyone at this table has children, and we only want the best for them.”
The board authorized a temporary permit subject to town counsel’s approval. Board member Norman Hills expressed his support by saying, “I’ve been in the store and wasn’t sure I was in the same building!”
In other business, the board discussed a proposed Approval Not Required plan for a project at 111 Wareham Road submitted by Tad Wallenhaupt and his partner, Alex Urquart.
The project contemplates combining four existing lots into two lots.
Hills expressed concern, shared by the board, about the condition of Marvel Street, which will provide frontage for one of the lots. The other lot will get its frontage from Route 6.
The applicants’ engineer described Marvel Street as an approved road, which Hills said would need to be verified. Asked if there were any plans to improve Marvel Street, Wallenhaupt stated, “We are not prepared to talk about that – we have no engineered plans, no topography or anything.”
Marum, armed with a 25-foot tape measure, questioned the applicants’ description of the condition of Marvel Street, which is described as a 20-foot private way, saying she measured the width of the road prior to the meeting.
“It was nine feet, three inches wide from vegetation to vegetation. I’m sure from 6:15 until now, no improvements have been made!”
The board had questions about numerous aspects of the project, which the proponents could not answer at that time, saying that they needed the approval of the ANR plan before they moved ahead on any further engineering and legal work for the project.
Board member Jennifer Francis said that questions of access and drainage would be addressed through the site plan review. Hills suggested the ANR plan be approved subject to verification of Marvel Street being an approved road, for which the board voted unanimously.
The board then began the arduous task, led by Hills, of Zoning Bylaw codification. Hills brought before the board 10 bylaw changes to be reviewed this evening, most of which were passed with brief discussions. Some codification dealt with bringing town bylaw language into conformance with new language of relevant Massachusetts General Laws.
Hills was asked to bring back to the bylaw subcommittee language relating to the general business bylaws. Francis cited concerns about retaining control over future businesses that may not be contemplated and therefore not be enumerated in the bylaw, adding that she didn’t want to allow businesses “…by right to exist that we may not want to have in town but don’t even know what they may be in the future….”
Kokkins agreed, wondering aloud if there could be a paragraph added that could describe a broad ability of the Town to address this possibility. Hills raised questions relating to notes within the bylaws. “[The subcommittee] couldn’t understand what the note was trying to say, so we changed it to something we could understand,” Hills said. However, Francis raised some confusing issues, stating, “We need to make these clear – if it’s not clear to us, it won’t be clear to someone who is trying to interpret it.”
Additionally, Hills will be talking with the fire chief regarding fuel storage in town as it relates to all fuels, including ones not currently contemplated by the bylaw.
Marum’s report on her attendance at a Complete Streets Workshop dovetailed with Francis’ discussion of the work of the Transportation and Circulation Task Force.
The Task Force will be applying for up to $450,000 from the Complete Streets program to fund improvements to sidewalks and development of shared bike lanes among other projects. Marum noted that the program focuses on developing projects that consider the safety of all users, especially children and the elderly. It also encourages context sensitive design in which projects consider the type of road being improved, including historic, environmental and scenic qualities of the street.
A member of SRPEDD is on the Task Force, Francis noted, and will be helping with the proposal. The Town has also asked SRPEDD to do a Corridor Study of Route 6 from the Mattapoisett Line to the Wareham line, which will include data on speed, accidents, dimensions of the roadway, handicapped access, and sidewalk review. This study must be complete before the Town can access funds for work on Route 6.
Kokkins submitted to Francis what he described as an “idea document” for the Task Force to consider as they develop plans for the improvement of Route 6.
Finally, Hills and Francis asked the board to authorize them to make an offer to a candidate from Rhode Island to be the part-time town planner, which the board enthusiastically approved.
The next meeting of the Marion Planning Board is scheduled for July 10 at 7:00 pm at the Police Station Community Room located at 550 Mill Street.
Marion Planning Board
By Sarah French Storer