To the Editor:

Marion’s bylaws give the Planning Board the authority to review and deliberate whether proposed retail establishments meet the town’s requirements. The CVS store proposed on the site of the Captain Hadley House will be sorely challenged to clear the high bar set by the bylaws.

Section 7.2 General Requirements of the Town of Marion Bylaws reads as follows:

“Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this bylaw, the determination shall include consideration of each of the following:

1. Social, economic or community needs which are served by the proposal;

2. Traffic flow and safety, including parking and loading;

3. Adequacy of utilities and other public services;

4. Neighborhood character and social structures;

5. Impacts on the natural environment; and

6. Potential fiscal impact, including impact on town services, tax base, and employment. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use as the Special Permit Granting Authority may deem necessary to serve the purposes of this bylaw.

Special permits shall lapse 24 months following final action (plus such time required to pursue or await the determination of an appeal referred to M.G.L. c. 40A, s. 17, from the grant thereof) if a substantial use thereof has not commenced nor construction begun, except for “a good cause.”

The first sentence of 7.2 clearly explains that the beneficial impacts on the town or neighborhood must outweigh the adverse effects if the special permit request is to be granted.

- Point No. 1 instructs the Planning Board to determine whether the social, economic or community needs are well served by the project. Bear in mind that although CVS is called a pharmacy, it will actually be another soft drink and candy store accessible on foot from Sippican School, Tabor Academy and the town’s newest 40B project. It is also designed to serve a wide geographic area – not the little town of Marion. If it does not serve our community’s needs, the Planning Board must turn it down.

- Point No. 2 tells the Planning Board to consider traffic flow and safety. When traffic is stopped by pedestrian crossings at the Front Street/Route 6 intersection, the waiting cars and trucks already extend past the proposed CVS exit to Front Street. If the project increases the likelihood of annoying traffic tie-ups or accidents, the Planning Board must turn it down.

- Point No. 3 reminds the Planning Board to consider the adequacy of utilities and other public services. The added sanitary drainage requirements of the CVS should not be accommodated at the expense of others who have been waiting in line for sewer connections. Can CVS reliably build and maintain a proper storm drainage system for the water collected from its roof and paved areas? If not the Planning Board must turn it down.

- Point No. 4 raises one of the most critical issues – “neighborhood character and social structures.” Can CVS pick up and replace Captain Hadley House, a stately historic building at the entrance to the village, with a box store and all its related parking without damaging the character of the neighborhood? Is it acceptable to build a new CVS store designed to serve a much wider area than a town of 4,500 people? If not, the Planning Board must turn it down.

- Point No. 5 asks the Planning Board to consider the project’s impact on the natural environment. The back of the CVS site is wetland that drains to Sippican Harbor, one of Marion’s greatest assets. If the harbor is threatened by the CVS, the Planning Board must turn it down.

- Point No. 6 asks the Planning Board to consider the project’s fiscal impact. The problem here is that the ownership is not local, and the store’s profits do nothing for the town residents. Do the taxes alone make it an asset to Marion? If not, the Planning Board must turn it down.

Marion residents should let the Planning Board know how they will be affected by the proposed project and what they think of it.

A strict application of the Marion’s bylaws gives the Planning Board the power to reject the CVS proposal. I hope we can assume that our elected representatives listen to their base, and it might help if voters attend the next public meeting on the project to let the Planning Board know where they stand.

Come to the Music Hall Monday Oct. 6 at 7 p.m.

Bill Saltonstall

Marion