As Rochester Zoning Board of Appeals Chairman Richard Cutler and fellow board members Kirby Gilmore and David Arancio waited for the other members to arrive for the November 13 meeting, they reflected upon the loss of Gilmore’s brother, Benjamin, who passed away on October 31.

They placed a bouquet of flowers at the meeting table where for many years on various boards and committees he had served the Town of Rochester, most recently on the ZBA.

Gilmore spoke of Benjamin’s generosity throughout his life with not only his time and possessions, but also his total commitment to helping others and his love of family and friends. He was remembered as an outstanding public servant and now a much missed loving brother.

Cutler was able to call the meeting to order with the arrival of Randal Cabral and Davis Sullivan. Benjamin Gilmore’s vacant seat on the ZBA was filled with the advancement of David Arancio from associate member to member.

Coming before the ZBA to hear the final legal decision on his application was Brian Cook of Sprint Reality for a mixed-use property located at the former General Store site on Route 105.

Cutler read from a letter drafted by Town Counsel Blair Bailey, which states that Cook may construct three businesses and two residences in a single structure that may not exceed the previous structure’s square footage or set-backs.

The applicant is allowed to build on the location, opening businesses in keeping with the character of the neighborhood and of a similar nature to those allowed in the past. Zoning bylaws 9A3 and 9A5 were cited.

Cutler impressed upon Cook the importance of filing the decision with the Registry of Deeds, and that he also has 20 days to appeal the decision. Cook thanked the board and was pleased with the documentation.

Cutler told the board he is scheduled to meet with Planning Board Chairman Arnold Johnson and a member of the board of selectmen to discuss how to move forward with bylaw amendments on the heels of issues that had arisen at the Fall Special Town Meeting.

He said that the various boards are not working from the same set of bylaws and that bylaw amendments from 2012 and 2013 had yet to be included in a thoroughly updated document. Cabral asked who was responsible for updating the zoning bylaws. Cutler responded the town clerk.

The next meeting of the Rochester Zoning Board of Appeals is scheduled for December 11 at 7:00 pm in the Town Hall conference room.

By Marilou Newell

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

“I don’t think we were ever notified,” said Rochester Planning Board Chairman Arnold Johnson on November 12, displeased over a variance for signage the Rochester Zoning Board of Appeals granted to Rochester Crossroads.

Johnson described the situation as the applicant jumping over the Planning Board and heading straight for the ZBA to obtain approval for five signs slated for the proposed commercial development at the intersection of Route 28 and 58, facing Route 495. The approved signs would exceed the maximum size limit of the Town’s bylaw.

“We get notifications from other towns but not from our own…” said Johnson.

A careful reading of the ruling from the ZBA noted that its decision does not supersede action taken by other boards.

“I think we need to put the building inspector on notice,” said Johnson, to ensure that a building permit was not issued before the Planning Board could appeal the ruling.

The board agreed to seek an appeal of the ZBA ruling and contact Building Inspector Jim Buckles.

“We’re not being notified on a consistent basis,” stated Johnson, citing the need for improved communication between boards.

Also during the meeting, the board discussed the Hartley Mills subdivision still standing in a state of suspended animation since the developer stopped construction on the site many months ago.

Johnson said the permit is about to expire, and he pondered what the board might do to assist the applicant.

“In good faith they started it,” board member Gary Florindo said. “Shouldn’t the permit still be valid?” Florindo said it was not the developer’s fault, since economic crises caused the project to halt after some roadway and infrastructure work.

Town Counsel Blair Bailey had told Johnson that if the permit expires, the applicant would have to start from the beginning, incurring additional fees and expenses. Johnson said he would check again with Bailey to make sure the permit was in jeopardy of expiring and work with Town Planner Mary Crain to notify the applicant of same. Johnson said that Crain is looking at all open permits and developing a database to ensure that applicants are notified when expiration dates are nearing in an effort to keep all parties informed.

In other matters, the board reviewed issues at Connet Woods. Highway Surveyor Jeffrey Eldridge informed Johnson of some missing berms and possible problems with stormwater management at the site. Johnson referred to the development as a work in progress.

Board member Susan Teal suggested having the Town’s engineers and surveyor work with the contractor to ensure that sidewalks, roadways, and drainage basins function properly, calling it “adaptive management.”

Two of the evening’s public meetings included an Approval Not Required (ANR) application from Susan McCarty of “Lucky Farms” at 570 New Bedford Road that was approved. McCarty, who currently resides in California, is planning to return to the 46 acres she owns in Rochester, keeping approximately 25 acres in permanent protected status from development in the future. Agricultural activities are planned, as well as a small parcel designated as residential for a single-family dwelling and two barns, and another parcel for a possible residential subdivision.

The other public meeting was for The Pines at Hathaway Pond. The board voted to accept code violation rectifications as “minor” on the plan of record and accepted a report from Ken Motta of Field Engineering that the work had been completed to code.

The November 25 meeting of the Rochester Planning Board is cancelled unless they receive an ANR application. Their next meeting is December 9 at 7:00 pm in the Town Hall conference room.

By Marilou Newell