The Marion Planning Board is unanimous in two beliefs – one belief that the board says does matter, and one that its members admit does not.
The belief that mattered in a July 6 decision to grant applicant Shawn Lynch, 428 Wareham Road, a special permit to operate a food truck in a general business zone was that any interest in regulating competition falls outside the parameters of the Planning Board.
That noted, the Planning Board also made it clear in discussing Lynch’s application that the members do not consider his food truck competition to the pizza establishment next door.
Santoro’s Pizza & More owner Menelaos Sivvianakis had hoped the board would see it differently as he discussed what he believes are escalating challenges for his business.
“I don’t like the idea [of Lynch serving] lunch exactly when I have my rush,” said Sivvianakis, noting that he has a mortgage on his building and has children in college. “I believe this is going to hurt me; I believe this is going to be the end of it.”
While board members disagreed with Sivvianakis’ pessimistic outlook, they also made it clear that governing competition is not in the Planning Board’s purview.
During the continued public hearing held on Tuesday night, Planning Board Chair Will Saltonstall summarized the board’s task in evaluating the project based on six criteria: needs, traffic flow/safety, utilities, neighborhood, impact on the environment, and impact on town services.
Board member Eileen Marum asked about the Board of Health’s stance, to which Lynch reported the board’s approval. Marum also asked about the oven on the truck and suggested Fire Chief Brian Jackvony participate in the vetting process. While Lynch said, “Brian can check it out. I really think it falls under the Board of Health,” Saltonstall noted that Jackvony was copied on the case’s correspondence.
Board member Jonathan Henry pointed out that fire extinguishing will fall under the fire chief’s jurisdiction. Member Chris Collings asked about electrical service, which exists at the parking lot, according to Lynch. Member Alanna Nelson called the project “great” and encouraged Lynch to avoid the use of straws and plastic bags so the business “will have less impact on our natural environment.”
Describing the new business as a part-time small food truck, Lynch said he is merely trying to make use of the space outside the barber shop and that the food truck will operate on a first-come, first-served basis. “Once it’s empty, the truck’s gone. I’m definitely not here to step on anyone’s toes,” he said, describing himself as a Santoro’s regular. “I go there for lunch all the time, too.”
The competition subject continued to find its way into the conversation, but Henry stated that Lynch’s limited business hours should turn out to be self-regulating. He also noted occurrences where competing coffee shops occupy adjacent lots. Planning Board member Norm Hills pointed to the difference in volume, and Collings said they serve two different products.
“I would like to see a more diverse menu … but I don’t think we’re here to control that,” said board member Joe Rocha.
“I would encourage (Lynch) not to compete with Santoro’s…. I just want both businesses to do well,” said Marum. “I’m certainly pleased that the business will be small and local.”
Asked for its input to the case, Saltonstall informed the board that Marion’s Conservation Commission determined that the case is not within its jurisdiction.
The Planning Board unanimously voted to approve.
In a continued public hearing, the Planning Board voted to accept My Generation Solar’s withdrawal of its application for a special permit subject to minor site plan review for construction of a ground-mounted solar array system in a residential district at 8 Quails Crossing.
The case had been vehemently opposed by neighboring residents who attended the last two Planning Board meetings when the case was heard.
In another continued public hearing, Sherman Briggs and Hamblin Homes, Inc. requested another continuance that was granted by the board’s vote. The case will be heard on Monday, July 19, at 7:15 pm. Briggs and Hamblin Homes seek a special permit and are subject to major site plan review for the construction of 28 townhouse-style units on 3.55 acres at Spring and Mill Streets.
The board’s effort to renew its list of peer-review engineers was met with three responses that will be reviewed by members and discussed when the board meets on July 19. The board voted to pay G.A.F. Engineering $3,200 for its evaluation of the Planning Board’s rules and regulations that Hills said are significantly outdated.
Marion’s Zoning Board of Appeals had requested comment on the application filed by Alan Minard and Nan Johnson, 123 Allens Point Road, for a variance to allow the addition of a two-car garage that would not comply with setbacks, but the board determined that the matter falls strictly to ZBA discretion. Saltonstall recused himself from the discussion and Marum, the vice chair, presided.
The Planning Board will next meet via Zoom on Monday, July 19, at 7:00 pm, but is hoping to secure arrangements for a return to in-person meetings beginning on August 2.
Marion Planning Board
By Mick Colageo