A continued public hearing Tuesday night with the Marion Planning Board on Major Site Plan Review for the application of Fieldstone Farms Market to expand its 806 Mill Street footprint upset abutters in attendance when the hearing was continued because the board is waiting on its peer review.

            Planning Board Chairman Tucker Burr issued an impassioned apology to those in attendance, saying he never should have allowed a discussion to begin without that information.

            Citing specific requests made by the town such as a stormwater report and zoning compliance, Town Planner Doug Guey-Lee told the board that he anticipates peer review wrapping up its work later this week and recommended waiting on that feedback before engaging in further discussion.

            Things got dicey when a letter submitted by the abutters outlining their concerns was mentioned. The board batted around the merits of holding discussion and when specifics were mentioned, member Jon Henry sought a point of order in asking if the case was going to be discussed.

            Vice Chairman Andrew Daniel noted that peer review will not look at screening, so the board might find that conversation to be useful. He also introduced photos that were taken, meant to address issues raised in the abutters’ letter.

            Doug Troyer, applicant Arnie Johnson’s attorney, was attending the meeting remotely and sought to maintain the intended order of the process.

            “We set up the peer review, let’s get the peer review,” he said, recommending a continuance of the public hearing. “That would also allow the abutters to review the peer review.”

            The public hearing was continued to Monday, May 6, at 7:15 pm.

            In a public hearing held earlier Monday night, the board voted to recommend several proposed bylaw changes at a future town meeting, only not the May 13 Annual Town Meeting, as the warrant has already been closed by the Select Board.

            Building Commissioner Bob Grillo was consulted for his comments on some of the proposed bylaw changes: 230-2.3 Powers of Board of Appeals; 230-4.2 Table of Principle Uses; 230-5.3 Multifamily Residential Housing; 230-5.6 Special Permit and Local Initiative Program (LIP) Dwelling Units 230-5.6A and 230-5.6B(5); 230-6.1 Nonconforming Uses and Structures; Signs 230-6.2(4), 230-6.2A(5) and 230-6.2D(4) and 230-11.2 Definitions.

            Grillo said the Powers of Board of Appeals needs to consult with Town Counsel for the change’s potential impacts on other bylaws. He said former Town Counsel Jon Witten had told the town that most towns do not allow for a use variance anymore, so he recommended striking the bylaw. “It’s something we want to make sure everything is in line before we pull the trigger on that,” said Grillo.

            Under Table of Principle Uses, Grillo identified an inconsistency that he recommended Marion address regarding retail uses by right for spaces less than 5,000 square feet. He said retail is probably the least invasive of any business use, so while a restaurant can be by right, it makes sense to allow the same for retail. The board voted to recommend the change for a future town meeting.

            Tweaks were made to language in other bylaws addressing accessory apartments and self-storage facilities.

            The board tabled a vote on the Multifamily Residential Housing after the application of the term “affordable” was considered inconsistent in some instances with its definition where it concerns state housing laws relative to terms such as “low-income” and the 40B statute.

            Local developer Sherman Briggs spoke on the matter, referring to his former proposal for 28 market-rate housing units off Spring Street, a plan he abandoned because of sewer rates he says the town is charging at $37,000 per unit under that scenario.

            “Last week, I filed for 42 units under this bylaw, and I will build the affordable units required,” said Briggs, who says with a 42-unit plan he can negotiate the sewer fees.

            He said Marion’s inclusionary housing bylaw makes it “next to impossible” to build a market-rate development, which he believes would better serve the town because of it would generate $300,000 per year in taxes and water/sewer fees.

            Grillo recommended tabling the bylaw change and sending it back to the Codification Committee for cleanup.

            During the Planning Board’s April 1 meeting, the members approved a site-plan-review contract with SITEC at $3,200 that cuts in half a previous quote at $6,500 for the Fieldstone project.

            The draft for a Short-Term Rentals bylaw was poured over. Daniel recognized editing work done by member Alanna Nelson and, prior to, Eileen Marum, in preparing a version that the board could run through in preparation for the public hearing to be held on April 16.

            Among items discussed was the limit on the total number of short-term-rental units in the town. Crafted as 20% of affordable-housing units in Marion, Daniel asserted that the overall housing number is what should be referenced. Burr said he did not like putting a number on it regardless. A limit of registrations to single owners was scrapped.

            Guey-Lee reminded the board of a comment at a prior meeting that predicted a “gold rush” to ensure a spot under whatever cap the town might set.

            Parking restrictions were also discussed, and the board opened the floor to residents attending the meeting. Dan Crete asserted that applying a bylaw outside of a residential zone is overstepping the intent of a short-term-rental bylaw’s concerns.

            Neither Marum nor Nelson were present at the April 1 meeting, and Burr said the board should ensure their comments on the April 1 iteration of the draft should be heard and taken into consideration.

            Guey-Lee reiterated his advice that the April 1 discussion not produce a vote to recommend any aspect of the bylaw because the session was not an advertised, public hearing.

            The MS4 Stormwater Management Bylaw proposal was also discussed on April 1. Burr said DPW engineer Meghan Davis would head up the process, and the board would revisit at a later date. Guey-Lee requested he remain in the loop. Burr does not anticipate the matter to continue being discussed by the board. Daniel reiterated his concern that the town obey the law but not in excess so as not to burden taxpayers.

            Select Board member Randy Parker asked Burr how it came about that the Planning Board is vetting the bylaw. Burr explained it came to the board and that he has hoped that Davis would lead the way. He is against a process that would add restrictions and expense.

            Daniel added that the board voted in a prior meeting not to support the current draft at Town Meeting. Guey-Lee said he and Davis determined that expertise is required to take the matter further to engage potential audits and/or enforcement on Marion’s status as required by the state and federal governments. Guey-Lee said the study is being paid for by a line item in the DPW’s budget.

            Member Ryan Burke said that the board’s pushback was essentially requesting that Davis limit the bylaw proposal to reflect the requirements of the Environmental Protection Agency. In answer to a question from Parker, Guey-Lee and the board interpret Davis’s presentation of the bylaw as a draft inherited rather than authored.

            Daniel explained his battery-energy storage subject on the agenda to introduce the matter to the board that will be charged with drafting a bylaw. Daniel pointed out battery-farm fires contaminating water and necessitating evacuations.

            “Right now, they can do it anywhere and by right, and right now we’ve got nothing,” he said, noting that the existing solar bylaw should be integrated with a battery bylaw.

            Member Dale Jones said the board should make suggestions to the Select Board on the discontinuance of Wells Road and leave it in the Select Board’s hands. Crete said he worked in the area and said he experienced “many near misses” breaking on Route 6 westbound and turning right onto Wells.

            The next meeting of the Marion Planning Board is scheduled for Monday, May 6, at 7:00 pm at the Police Station.

Marion Planning Board

By Mick Colageo

               Rochester’s Zoning Board of Appeals on April 11 approved projects proposed and therefore expertly defended by two Town Hall officials.

               The board endorsed the variance of the required, 40-foot, side setback for a one-story, one-bedroom addition at 17 Gerrish Road proposed by Finance Committee Chairman Kris Stoltenberg and a Special Permit for the conversion of a basement into a dwelling unit at 305 Braley Hill Road filed by ZBA member Donald Spirlet.

               Both decisions hinged on the applicants’ careful arguments in favor of their petitions rather than any insider influence. Stoltenberg said the goal is for him and his wife to remain in their Gerrish Road home. Because of their age, he said, it has been a challenge to access their upstairs bedroom. “A first-floor bedroom would allow us to ‘age in place’ as they say,” he said.

               Stoltenberg said his 24×24-foot bedroom addition with bathroom and closet would match the colonial style of the existing home. It would be financially detrimental for them to have to move and difficult to place this addition elsewhere on the property, and the new space will be of no detriment to the neighborhood or the public good.

               Board member Jeffrey Costa commended Stoltenberg for hitting all three points important to qualifying for such a variance. The board approved, allowing a 5.5-foot side setback variance for the project, a 34.4-foot setback rather than the statutory 40-foot requirement.

               Spirlet said he had built his Braley Hill Road home with the intent of someday finishing the basement. He would now like to finish 50% of that basement to build a second kitchen with bathroom and laundry room. He said his three “rowdy” grandsons need a place to play where their noise won’t disturb the upstairs.

               Referring to the requirements for approval of a Special Permit, he said the change is appropriate to the site, as it is a residential use. There is adequate space for the new use, and the plan offers no hazard to pedestrians or vehicle. “Abutters know what I am doing,” Spirlet said.

               Board members approved the Special Permit after agreeing the plan fits all the criteria for what it called a “multifamily conversion” of the basement space. Conditions included that one unit within “remain owner-occupied” and that the new space not be used for a short-term rental.

               In other business, the ZBA announced it will attend a joint meeting with the Planning Board on May 14 at the Rochester Senior Center for the 0 New Bedford Road Briggs petition.

               Thomas Flynn, who served as acting chairman, reported this would be his last meeting as a Zoning Board member. He has been a ZBA member since 2011.

               The Rochester Zoning Board of Appeals will meet next on Thursday, May 9, at 7:15 pm at Town Hall, 1 Constitution Way.

Rochester Zoning Board of Appeals

By Michael J. DeCicco