The Planning Board on August 18 met for a two-item agenda that focused mostly on discussion of the proposed Municipal Separate Stormwater Systems Bylaw – also known as MS4, and whether it should be a general or zoning bylaw.
The board at a previous meeting were still mulling over whether the bylaw should be classified as a general or zoning bylaw. The board agreed on the latter and will have a public hearing on Tuesday, September 2.
The board on August 18 made no official recommendation but officials say the hearing on September 2 would determine how the board will seek to modify the proposal, which was recommended by a Select Board-assembled subcommittee.
According to officials, that direction comes with a risk. Zoning bylaws are more difficult to pass and if this potential bylaw fails on Town Meeting floor in December and fails again in the spring (when communities have annual Town Meetings), the town could face sanctions or repercussions from the Environmental Protection Agency. The EPA has given the town until December the deadline to pass a bylaw and Town Meeting is in November.
According to estimates from some town officials, the town has been out of compliance for as many as eight years.
The board at the last two August meetings went through the bylaw draft. Planning Board Chairman Andrew Daniel has mentioned one section that states that any alteration to land an acre or more should require a permit if it is within an MS4 zone. He said that might be a difficult requirement for an applicant looking to build a single-family home.
Board members also indicated that there should be language that points out how the EPA map that delineates flood zones, or MS4 areas, is in flux.
The board has recommended changes that would also make the bylaw proposal more consistent with language and wording within other planning bylaws.
The board has also recommended changes that make it clearer for businesses.
The next meeting of the Marion Planning Board and public hearing for MS4 is scheduled for Tuesday, September 2 at 7:00 pm in the Marion Police Department.
Marion Planning Board
By Jeffrey D. Wagner