Board member bylaw would curb big-box stores

Nov 5, 2014

A Planning Board member has proposed a bylaw that would affect new big-box and chain businesses coming into town after developers announced plans to build a CVS on Route 6.

But Eileen Marum’s method of placing that on the Annual Town Meeting agenda is slightly unorthodox.

Marum submitted the bylaw to Selectmen last week as a citizens’ petition without consulting Planning Board members.

The bylaw would establish a Formula Business Regulated District to regulate big-box and chain stores in Marion.

Under the bylaw, those “formulaic businesses” must obtain a site plan review from the Planning Board and a special permit from the Zoning Board of Appeals.

The bylaw defines formulaic businesses as “a type of retail sales establishment, restaurant, tavern, bar, or take-out food establishment which is under the common control or is a franchise and is one of ten or more businesses or establishments worldwide maintaining three or more of the following features.”

Some of those features include standardized menus, signs and color schemes, uniforms and facades. Also, the bylaw would restrict formulaic businesses to not exceed 2,500 square feet.

CVS developers propose locating the building at the corner of Route 6 and Front Street, the property is home to the historic Captain Hadley House and is across the street from Cumberland Farms.

Plans call for the relocation of the Captain Hadley House to make way for the construction of a 14,600-square-foot-building with a drive-thru.

With CVS developers moving forward with plans to secure permitting for the project, Marum said she acted quickly to draft a bylaw that would protect the town.

“It’s not that the town of Marion is interested in banning formulaic stores, but I believe the citizens are interested in restricting those stores,” Marum said.

Selectmen declined to act on the “unusual” request.

“Why couldn’t this member of the Planning Board bring this to the Planning Board?” Selectman Stephen Cushing said. “This just strikes me as odd.”

Had Marum secured the signatures of 10 registered voters, Selectmen would have been bound to add the bylaw to the agenda.

Chair Jon Henry said his board would acknowledge receiving the bylaw. Any further action should be handled by the Planning Board, he said.

Marum, who was elected in April, said she addressed Selectmen directly because the Planning Board was not receptive to her ideas. Specifically, she had proposed adopting a handbook to orient new committee members.

After writing the handbook and having it rejected, she said she was reluctant to put the formulaic bylaw before the board.

“If you can’t get something done one way you generally try and find another avenue,” she said. “If someone is erecting barriers, you find another way to accomplish your task.”

Though Selectmen didn’t place the bylaw on the agenda, Marum said she would meet with Town Administrator Paul Dawson to ask how to get the item before voters.