What about us? Marion Planning Board Chairman Stephen Kokkins asked why the Planning Board did not get a chance for a site review of the Briggs solar farm, despite approval of a variance from the Marion Zoning Board of Appeals on September 15.
A special permit is still required under Section 9 of the Town’s solar bylaw, according to Kokkins.
“[It is] in the interest of both law and common sense,” stated Kokkins, that the solar facility project is subject to a site plan review with the Planning Board, although “it need not be a long, torturous process,” as Kokkins put it.
Kokkins said Section 9 of the solar bylaw grants the Planning Board blanket authority to conduct a site plan review.
“A site plan review is a normal part of any project,” said Kokkins. His solution was to draft a letter to Town Counsel Jon Whitten and Building Inspector Scott Shippey for a determination on whether Dale and Laura Briggs, owners of 512 County Road – the site of their proposed solar energy facility – should apply for a special permit with the Planning Board.
Not all Planning Board members agreed with Kokkins on the matter.
“The ZBA made the decision … that they don’t have to,” stated board member Norman Hills at the beginning of a relatively long debate.
Board member Eileen Marum concurred, and elaborated further that the solar farm project does not have any impact on the neighborhood, does not require any Town services, utilities, stormwater drainage, parking, sidewalks, lighting, or any of the components of a standard project requiring a special permit.
Marum said the site is surrounded completely by trees, neighbors supported the project, and she did not see a reason for the Planning Board to take any further steps on the issue.
“It doesn’t seem as if it’s necessary,” stated Marum.
But Kokkins was “firmly convinced,” as he stated it, that the bylaw gives the board authoritative review over the project, concerned with the principle of “the process” of any project.
Planning Board member Rico Ferrari supported Kokkins’s letter seeking counsel from Whitten.
“Just to say that we have completed this task to make sure that we are correct,” said Ferrari. Not to stop the project, he specified, “just to cover us,” concerned that the board would set the wrong precedent for future projects if they did not follow through with the site plan review.
The letter seemed “reasonable” to board member Stephen Gonsalves.
“Who pays for the attorney fees?” asked Ferrari.
“We do,” replied Kokkins, referring to the Town, not the Planning Board in particular.
In other matters, the board discussed the current status of the Master Plan process, with Ferrari suggesting the formation of a bylaw subcommittee to look at some of the aspects of the bylaws some people in town might want to change, in light of the proposed CVS project that has mustered mass opposition amongst Marion residents.
“[The CVS project] has spawned a need to rush, rush, rush to get some bylaws,” said Ferrari, expressing concern over the haste, although he said he considers the endeavor to hone the bylaws “a noble cause,” and that he agrees there is a need for it.
“I have issues with moving too quickly,” said Ferrari.
Hills said that until the Town goes “further down the road,” board members will not know what changes in the bylaws will be required.
Rico cautioned the board on how they “approach things and say things” so board members do not “prejudice [their] vote.”
“You have to be very cautious of that,” repeated Ferrari.
Also during the meeting, the board approved the plans for the demolition of the Great Hill water tower, which will be replaced with a new, smaller water tower, with construction beginning in March and lasting through November, barring any problems.
The board also gave feedback on a preliminary site plan review for Dan Crete of Salt Works Marine, located at 291 Wareham Street.
The project consists of the construction of a 7,000 square-foot rear storage building and a 4,000 square-foot building in the front of the property, while restoring the existing Marion Fence building.
The project will also go before the Conservation Commission “big time,” as Kokkins stated it, with part of the site plan falling within a velocity zone, one of Hills’s biggest concerns. Hills is the chairman of the ConCom.
Potential issues with the project from the perspective of the Planning Board are the size of the buildings, the location relative to the velocity zone, the definition of a “temporary” structure, and stormwater drainage.
The next meeting of the Marion Planning Board is scheduled for November 17 at 7:00 pm at the Marion Town House.
By Jean Perry
