After further discussions on Master Plan community workshops and a few more proposed bylaws to regulate zoning of formula businesses like CVS, it was clear that the Marion Planning Board Master Plan Subcommittee has a lot on its plate, along with many cooks in the kitchen – each with their own recipes – and all of them stirring the pot.
The subcommittee members have multiple tasks ahead of them before the Annual Town Meeting in May, when the Planning Board hopes to have a draft Formula Business Zoning Bylaw polished up in time to appear as an article on the warrant, as well as an article to request further funding, currently estimated at about $42,000, to hire a temporary part-time town planner and complete the Master Plan process over two years.
Subcommittee Chairman Norman Hills presides over the subcommittee of two other Planning Board members, former Planning Board member Ted North, and any other Planning Board members who wish to sit in on the meetings.
On December 1, the group read through a draft formula business bylaw submitted by Planning Board member Eileen Marum, and Hills gave some feedback pertaining to specific language she used or did not use, suggesting that several different phrases such as “designated areas,” for example, needed specifying.
“I thought it was well-written,” said Planning Board member Michael Popitz, despite it being relatively general at this stage of the bylaw development. Subcommittee and board members alike agreed that organizing ideas and intents was paramount to the specific language of the draft bylaw that Hills tended to focus on during the discussion.
“What exactly are you trying to regulate?” asked North, questioning whether it was simply businesses in Marion or how businesses look in Marion. Hills replied that it seemed the intent was to prohibit large chain stores from moving in.
“These (regulations in the draft bylaw) are kind of tough from a legal standpoint because you can’t just keep them out,” said North, as opposed to restricting “how they present themselves.”
The subcommittee during prior meetings deliberated a citizen petition spearheaded by North that proposes limiting the size of commercial structures to either 10-percent lot coverage or 5,000 square feet. At the last meeting, Hills deemed that version of the bylaw as “unclear” and “confusing.”
Talks progressed to a draft nuisance bylaw addressing vacant and dilapidated buildings submitted by North and, again, Hills had issues with defining key phrases in the language, mainly with the meaning of “dilapidated” and “vacant” and whether a structure would have to be both to apply.
“Do you think we ought to have this bylaw or not?” North asked.
“Not as written,” Hills replied. “I think the concept is probably good.”
Hills also suggested identifying specific processes that should be described in the bylaw and suggested defining “nuisance” as well.
“I’m not sure this is the time to wordsmith the document,” said North. Planning Board Chairman Stephen Kokkins proposed sticking with the basic bullet points rather than formulate the language “piece by piece.” The discussion continued.
Afterwards, with only ten minutes to spare before the regular Planning Board meeting at 7:00 pm, North took advantage of Kokkins’ invitation for further comments and started running through further ideas he devised regarding a Formula Business bylaw, starting with “eliminating ‘the window,’” a term which puzzled other members, including Subcommittee Chairman Hills. North specified the window as being the drive-thru window of the proposed CVS project.
“It’s already out,” said Hills speaking over North.
“Oh, shut up,” said North to Hills. “Will you shut up for five minutes … I have the floor.”
Faces around the table reddened.
“Go ahead,” said Hills. North continued.
Prohibit the drive-thru, restrict the size of the structure, and strengthen the language in the site plan review criteria, proposed North, thus regulating the planning of projects directly through the site plan review.
“But you can’t keep these businesses out of town,” said North. “Just like you can’t keep people of other races because of their skin color out of town.”
With only five minutes left before the regular Planning Board meeting was to start, North passed out certain benchmarks for his ideal site plan review criteria.
“We don’t have time,” Hills quietly said. North continued on.
After the meeting, other Planning Board members expressed disapproval of North’s outburst.
“That’s so rude of him,” said Popitz. “That shouldn’t happen.”
By Jean Perry
