Monday night’s final public meeting for Chairman Will Saltonstall and member Joe Rocha as members of the Marion Planning Board was a marathon lasting nearly three hours and addressed a key vote to be taken at the May 9 Town Meeting.
The discussion on a Request for Determination of Eligibility pursuant to House Bill 40, Section 5, for 0 and 78 Wareham Road would end in a 5-1 vote recommending that a simple majority vote would be needed to approve the zoning change that developer Matt Zuker seeks so he can build his “The Cottages” townhouse-style residential development near the Weweantic River.
Board member Norm Hills sent the members a summary on the background, law and discussion on the measure that allows town officials to vote for a simple majority.
Hills cited the density planned by Zuker, the resultant open space and the maintenance of the riverfront as one piece of property that “won’t be chopped up into little pieces.” Acknowledging no bus or train service, he pointed out Route 6 improvements such as the bike path and pedestrian destinations within three-qaurters of a mile in both directions.
“In my opinion, this checks off enough things that we should be able to approve this as a simple majority vote,” he said.
Planning Board member Eileen Marum echoed the sentiment and at the suggestion of Town Planner Doug Guey-Lee, read into the record her statement of the eligibility of the location and its suitability for a residential multi-family district.
While Rocha and Planning Board member Jon Henry also approved the project for a simple majority vote, member Alanna Nelson did not.
Nelson said she approved of Zuker’s project but citing what she interprets as an unintended fit vis-a-vis the state’s intentions to use the tool for population growth around public transit, was the lone dissenting vote. Nelson articulated concern that future projects would target the tool to sidestep the super majority regularly required for a zoning change.
Chris Collings, a River Road resident and neighbor to Zuker’s project, recused himself the vote.
During public comment, Tucker Burr, who is running for Planning Board in the May 13 Town Election, voiced his objection to the measure, as did John Rockwell.
Rockwell, the chairman of the Open Space Acquisition Commission, stated that zoning changes should be difficult. He quoted television host Geraldo Rivera to say, “Marion is great, there’s nothing here.” Rockwell also pointed to last year’s failure of the zoning change on Town Meeting floor. “Where’s the respect for Town Meeting?” he asked.
Guey-Lee said the project’s eligibility is a tool for the Planning Board and not a hidden loophole. “It’s out there in the open, it’s state law,” he said. “Even with the eligibility tag, it could still be voted down at Town Meeting, by a simple majority.”
Town Administrator Jay McGrail appeared at the meeting seeking a non-binding endorsement of a Preferred Development Plan for 7 Barnabas Road currently owned by Lockheed-Martin.
McGrail said Lockheed-Martin is planning to put property on the market in the next few weeks. Having worked with the Affordable Housing Trust, using a Community Preservation Act grant to contract consultants to make recommendations, the intention is to send the plan to Lockheed-Martin as a marketing tool with the support of the Planning and Select boards.
Peter Flinker of Dodson & Flinker, Inc. made a presentation on the subject, displaying a “cottage community” in the undeveloped part of the site with a central clubhouse. There would be open spaces with parking off to the side. Flinker compared the design to the Red Mill Village in Norton.
The town, clarified McGrail, will never own the property, but if it can work in partnership with developers to realize the kind of growth that officials believe Marion needs, then it’s a worthwhile endeavor.
Collings asked about the adjacent Cushing Community Center as part of the campus rebuilt to meet the needs and modernized. McGrail said that idea is “on the table. … That Community Center is going to be a linchpin of that entire area.”
“My qualifier is what is the appropriate scale for the project. I want to see Marion maintain some industrial (space) for when they need it in 20 years. We don’t want to force this development on the town, but we want to advance it in a thoughtful way,” said Saltonstall, who was part of the taskforce with McGrail.
Henry chimed in slowly, “Build a casino.”
During public comment, local developer Sherman Briggs suggested the board ought to think about building to the contours of the property and “build so they really fit into the land,” he said. “You’ve got to be creative with your stormwater or you’re going to clear every tree. … That land has got a lot of contours to the area.”
In a continued public hearing, a proposed zoning change to Section 230-8.2 Water Protection District, Zoning Map updates, was approved by the board.
During public comment, Briggs said he would like to see documentation on the testing of water at the town’s old landfill. Citing a stream that abuts the old dump, Briggs asserted that the board’s priorities are in the wrong place.
A presubmission conference with applicant Varut Phimolmas, who owns Cilantro Thai Restaurant, ended with a plan to continue gaining information on the premise that the applicant’s dealings with the Zoning Board of Appeals will yield more guidance for the Planning Board.
Phimolmas plans to change usage of the building at 290 Front Street from retail sporting goods to a new location for his restaurant. Sitting in a residentially zoned district, sporting goods is considered an existing nonconforming use, and Phimolmas already applied to the ZBA. The ZBA next hears the case on May 26.
Saltonstall advised Phimolmas to “really dig into the flood-zone issue” because the base value of the building is very low. Saltonstall said the critical issue is elevation relative to the flood zone and that the building may not be compliant.
Board members publicly thanked Saltonstall and Rocha for their many hours of service to the board.
The next meeting of the Marion Planning Board is scheduled for Monday, May 16, at 7:00 pm.
Marion Planning Board
By Mick Colageo