TOWN OF MARION
PLANNING BOARD
KATHLEEN SYLVIA
April 6, 2009
MEMBERS PRESENT: Joseph Napoli, Chairman
Peter Winters, Vice-Chairman
Julia Deane Crowley
Thomas Magauran
Steve Gonsalves
Patricia McArdle
MEMBERS ABSENT: Jay Ryder, Clerk
BOARD SECRETARY: Debra Paiva
ALSO PRESENT: Robert Sylvia
Winnifred Sylvia
Carol Sanz
Burton Corkum
Robert Alves
Lucy Napoli
Christian Farland
Ricky Pursley
John Ludes
Kenneth Hanson
Sue Maxwell Lewis
Eunice Manduca
John Sweeney
Karen Dourdeville
John Rockwell
Annie Rockwell
Dana Anderson
Public Hearing – 156 Front Street – Kathleen Sylvia
The public hearing notice was read into the record. Mrs. Sylvia was present for this meeting. She is requesting two Special Permits; one to allow a reduction in parking requirements and one to allow a personal/medical services establishment. Mrs. Sylvia is planning to open a medical services spa providing skin care, Botox and Derma-Fill injections, and facial massage therapy. During the public hearing the following issues were discussed:
DPH requirements – A member of the Board of Health had emailed DPH requirements for the Planning Board to review; Mrs. Sylvia said she was aware of the requirements. Member Magauran asked if the supervising physician would be performing physical examinations on the clients prior to the injections and was told no. Mrs. Sylvia said the supervising physician is required to be present 10% of the time the spa is open, to be available within four hours, and available for communication 24 hours. Member Magauran said he did not believe this is a Planning Board issue but a Board of Health issue. He asked if the physician will be available for 10% of the spa hours and was told yes.
Use – Member Magauran said this use would probably be considered a medical office. Mrs. Sylvia said she will not be practicing medicine in the office, it will be a medical spa. Member Magauran explained if the use is not listed in the bylaw it’s not allowed so it has to be put into some category. He said there is no listing for a medical spa so in this case he believes medical office would be closest to anything else.
Proposed use - Vice-Chairman Winters asked what will be done at the spa, what type of physician supervision there will be, and what Mrs. Sylvia’s certifications are. Mrs. Sylvia said the main focus will be skin care, facials, light massage, Botox and Derma-fill injections. She described the qualifications of her supervising physician and also her own qualifications.
The spa will have three treatment rooms and a front waiting room. Vice-Chairman Winters asked how long a treatment will take; he was told most facials take an hour and most of the treatments take 30-45 minutes. He asked how many clients are expected to be in the spa at once and was told 2 to 3 at a time. The square footage in the unit is 637 square feet, which requires four parking spaces. Mrs. Sylvia said the property owner has told her there are three parking spaces in the front of the building and several on the side. There will be two or three part time employees; Mrs. Sylvia said there will be one other person beside herself during business hours. Vice-Chairman Winters asked if she would object to the employees being required to park at the Town Wharf. The hours of operation
are proposed to be: Monday, Wednesday, Friday – 8:00 a.m. – 5:00 p.m., Tuesday, Thursday – 8:00 a.m. – 8:00 p.m., Saturday – 8:00 a.m. – 1:00 p.m.
Burton Corkum, managing trustee of Front Street Condominiums, said the rules and regulations of the master deed of the condominium trust limit the unit to general business use only, and he believes that Mrs. Sylvia’s proposal would not be allowed. He also said the parking in front of the building is limited to 15 minutes for clients and customers. Mr. Corkum said the units are not allotted parking spaces under the deed or condominium trust. He said he has also spoken to the owner of the unit, who is somewhat disturbed by what has been presented. Mr. Corkum said he also has discussed this with the other trustees of the condos and it is not an allowed use under their master deed and rules and regulations. Vice-Chairman Winters asked how many spaces are provided in the front and in
the back. He was told there are six spaces in the front, four on the side, none of them are assigned to any one unit, and the rules are being changed to restrict the parking to 15 minutes.
Ken Hanson, 47 East Avenue, spoke as chairman of the property committee of the First Congregational Church, and voiced concern that parking associated with the proposal could interfere with meetings and activities scheduled at the church’s community center. Member Magauran asked if requiring the employees to park at Island Wharf would be satisfactory and Mr. Hanson said yes.
Carol Sanz, 110 Front Street, asked why the proposal is not considered general business. Mr. Corkum explained that it would not be allowed under the rules of the condominiums.
Member Magauran said the Board is addressing this from a Town perspective. He said the parking is the primary concern, the use has to be defined in order to consider it an allowed use in town, and it will likely fall under a medical use.
Vice-Chairman Winters asked if there is any business in town similar to this proposal and was told no. He asked if any utilities will be added and was told one small sink will be added. He asked if any exterior walls will be changed and was told no.
Member Crowley asked if Mrs. Sylvia has offered this service elsewhere and was told no.
Member Magauran noted that a member of the Board of Health had sent the information relative to the DPH requirements for a supervising physician. He asked if the Health Director could provide an indication if they would have an issue with this application. He was told that information was provided informally by a member of the Board of Health. Mrs. Sylvia said she has already spoken with the Health Director and comments from the Board of Health have already been received. Member Magauran requested that they provide clarification.
Vice-Chairman Winters described for the record the information provided by Mrs. Sylvia at the pre-submission conference.
Mrs. Crowley noted that the spa is proposed to stay open until 8:00 p.m. on Tuesday and Thursday nights. Member McArdle said it probably will be a very quiet business.
Member McArdle asked Mr. Corkum if the condo trust intends to prevent Mrs. Sylvia from operating the business. He said he could not speak for the other trustees at this time.
Talbot Baker, 154 Front Street, said his main concern is parking as that area has been heavily used since he came here in 1978. Vice-Chairman Winters said the public parking at Island Wharf can be used. He voiced concern that three rooms are proposed and two parking spaces at the site are attributable to the business. Member Magauran said parking is something that the Board does often waive. He noted that the use might take the spaces for a longer amount of time than the other uses in the condos. Member McArdle said the time limit on the parking is a private matter. Mr. Corkum said there are no parking spaces allocated to the business; Board members explained they are considered that two would be used by the business and the Board does not enforce that they be allotted.
John Sweeney, 29 Crapo Street, asked how far the offsite parking is from the business and was told approximately 200’. He said the proposed business seems to be satisfactory with the rules of the town, the issue is parking, parking is a problem in the entire center of town, and the town needs business. Mr. Sweeney said he did not understand what Mr. Corkum was saying other than the condo association does not allow certain businesses. Vice-Chairman Winters said the Board can only address what is in the bylaw and what the business is zoned for. He said the Board might grant the permit and it might not be allowed because the trustees don’t want it there and take action to prevent it, or the Board might deny the project if it’s found to not meet the bylaw. Member McArdle said
the Board could vote to approve the Special Permits but cannot get involved with a private issue between the applicant and the owner. Mr. Sweeney asked if the condo trustees could prevent the project from moving forward if it was approved by the Board and was told the Board could not make that determination.
Eunice Manduca, Main Street, said the Board has been wasting its time because no matter what the Board decides the trustees have already announced that they do not want the business there.
Vice-Chairman Winters asked Mrs. Sylvia if she would consider reducing the number of treatment rooms to two; Mrs. Sylvia explained that she would need three rooms.
Mrs. Sylvia stated that everyone needs to think about starting new businesses to make a difference and that’s what she’s trying to do.
Moved by Member Magauran and seconded by Member Gonsalves to close the public hearing. VOTE: 6-0-0
It was agreed to take this under advisement and discuss it at the April 21 meeting.
Respectfully submitted,
Jay Ryder, Clerk
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