Citizen Petition Lacks Clarity

The Marion Planning Board discussed a zoning bylaw amendment proposed in a citizen petition aimed at limiting the size of commercial and retail structures and deemed it to be “too thin,” as Chairman Stephen Kokkins put it on November 17. Board member Norman Hills, though, called it “unclear, confusing,” and in conflict with other current zoning bylaws.

Board Member Rico Ferrari led the discussion on a citizen petition bylaw amendment that would “encourage responsible commercial and retail development … along Route 6,” as stated in the petition. Former Planning Board member, and Master Plan Subcommittee member, Ted North was also present and in support of forming a bylaw amendment.

A bylaw amendment such as this would essentially prevent the impending CVS project from moving forward in Marion.

The citizen petition, already submitted to the Board of Selectmen and certified by the registrar of voters, aims to limit new commercial and retail business structures to a maximum of 5,000 square feet, or a 10 percent lot coverage, whichever is larger, but specifies the exemption of limited industrial, marine business, and campus office park districts.

Hills acknowledged a need for a zoning bylaw amendment. “But I don’t think this is going to get us there,” he stated.

Hills said the language does not specify to which zones the bylaw would be applicable; instead, it states where it is ‘not’ applicable.

Ferrari pointed out that this bylaw would not have allowed Saltworks Marine to develop the plan it had already brought before the Planning Board. “And they’re a valuable business to the community,” said Ferrari.

Hills said this would also conflict with other existing bylaws and does not place any restrictions on parcels an acre or less in size.

“We don’t want to build more conflicts than we have,” said Hills, adding that it should not be brought to Town Meeting floor as currently written.

Kokkins suggested looking to other towns’ bylaws that have been approved by the attorney general.

Planning Board member Eileen Marum, who had drafted her own version of a zoning bylaw amendment to restrict commercial and retail building size, said she also wants to “maintain a balance … so Marion can maintain its character,” but she had already researched other towns’ bylaws for her drafted bylaw.

“I have done the research,” said Marum, “and everything that I have written down has already been approved by the attorney general.” Marum later commented that it looks like she would have to collect her own signatures for her own citizen petition for a Town Meeting vote. Hills commented that it would be best to come up with one bylaw.

The Master Plan Subcommittee has seemingly adopted the role of coming up with a zoning bylaw amendment and appears to favor building upon the citizen petition in the subcommittee’s possession.

Also during the meeting, Marum suggested more transparency in the Master Plan development process, urging the board to reach out to Marion residents and engage them more in the process. Kokkins concurred with Marum, but no decision was made regarding any action to move forward with Marum’s suggestion. Hills mentioned a tentative workshop in the future, much like the September 27 Master Plan workshop led by SRPEDD.

In other matters, “Team CVS” wrote a letter to the Planning Board saying that it has further considered the board’s recommendations and concerns and has altered its plan. Because of the overwhelming turnout of citizens opposed to the project at a previous meeting held at the Marion Music Hall, the board suggested again holding the meeting at the venue.

The next meeting of the Marion Planning Board is scheduled for December 1 at 7:00 pm at the Marion Music Hall, with Team CVS featured on the agenda. (Editors’ Note: The Planning Board has changed the date of the meeting with CVS to December 15)

By Jean Perry

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