Meeting Minutes Marion Planning Board
Monday January 11, 2010
Members Present
Tom Magauran
Joseph Napoli
Jay Crowley
Patricia McArdle
Members Absent
John Sweeney
Jay Ryder
Steve Gonsalves
7:18PM Meeting Opened
7:21PM Mr. Napoli moved and Mrs. Crowley 2nd to reopen public hearing on Always in Bloom at 454 Wareham Street.
All in favor - unanimous
Mr. Napoli moved and Mrs. Crowley 2nd to rescind the previous continuance to March 1st at 7:30PM and to continue the public hearing until March 8th at 7:30PM. Vote unanimous.
Mr. Magauran reported his understanding of the present situation regarding Always in Bloom at 454 Wareham Street:
1. Counsels for the Town (Witten) and the Building Owner (Colton) agreed to a path forward where the Owner submitted an application for a certificate of occupancy for a retail florist. The certificate of occupancy would be denied because it is not an allowed use in a residential district and the owner would appeal the Building Commissioner’s decision to the Zoning Board of Appeals, where the ZBA would possibly rule on the matter.
2. The application for the CO was made and denied. It is not known whether the appeal to the ZBA has been filed yet.
3. A “cease and desist” order from the Building Commissioner has been presented to the business owners, but it appears that they are still occupying and operating on the site.
Mr. Napoli moved that the Chair pursue the matter with the Building Commissioner to be sure that the CO denial is enforced and the building not be occupied until resolution on the matter – either through the ZBA or through a process that brings the building and use into compliance with the Marion Bylaw be achieved. Mrs. McArdle 2nd – vote unanimous in favor.
Mrs. Crowley wished to discuss a possible overlay of Sippican waterways to address such items as lighting on piers and other aspects of the harbor be presented to Town Meeting. Mr. Magauran raised the idea of making the Marine Resources Commission or other more directly associated Town board be the special permit granting authority for the waterways. Mrs. Crowley suggested that only an elected board should be the SPGA. It was agreed to reach out to the MRC and the Harbormaster to come into the PB for a discussion on the subject.
Mrs. Crowley also raised the idea that the Town of Marion should adopt the “Scenic Roads” covenants to protect the roads of Marion from unwanted loss. Mrs. Crowley agreed to look into what regulations would be and what they mean to the Town so that an informed discussion may be achieved.
Mrs. Crowley raised the idea of adopting what is referred to as a “Demolition Delay” bylaw. The Cape Cod commission has adopted such and has had great success. Such a bylaw would protect historic structures from being immediately demolished by requiring a one year period in which the building may be saved, or moved, before its destruction and new construction begun. Mrs. Crowley agreed to look into this and provide the Board with information so as to have a more informed discussion on the matter.
7:35PM Moved by Mr. Napoli to adjourn, 2nd by Mrs. McArdle, vote unanimous. Meeting adjourned.
Respectfully submitted,
Thomas Magauran, Chairman
| 
