The Marion Select Board met on Monday, November 17 in the Marion Music Hall for a list of action items, as well as the Fall Town Meeting Warrant Review.
The board began by recognizing Marions new firefighters. Fire Chief Brian Jackvony rose to speak, mentioning the five new recruit firefighters who recently, November 5, graduated from the Massachusetts Firefighting Academy. Chief Jackvony called the new volunteer firefighters up for a picture and recognition: Jonathan Brown, Johnathan Gurry (unable to attend), Kyle Proffitt, Nicholas Sheehan, and Jackson St. Don. With handshakes and pictures, the men were recognized for their hard work and dedication.
Next, Robbi Dunn Tracy’s appointment as a Full Member of the Marion Affordable Housing Trust was approved.
Town Administrator Geoffrey Gorman then provided his updates, beginning with the new Department of Public Works building. He said the building is on schedule, although the air-to-water heat exchanger is not yet operational as it awaits a parts delivery. The building is heated, but the floor heater is what is affected.
For the Town House, Gorman said “it’s looking great.” He said the workers have started drywall, with electrical and plumbing still being put in. The lift is still yet to be installed, though the hole in the ground is present with support beams being installed.
The Flags of Marion Project, proposed last month by local artist Mike Malone, then had an update. The town’s legal counsel cautioned against putting flags in the middle of the street, and instead suggested flags on a crosswalk, or several crosswalks. That, or putting the flags in different locations on the street. Malone preferred the latter. Gorman then cited a letter from the Marion Historical Commission in opposition to any flags on the road in the town center. “Mike’s ready for it, if you give a thumbs up,” the Town Administrator added. To further discuss plans and locations, the board tabled discussion on flags until their December 16 meeting.
Following the board’s action items, they then moved to the Fall Town Meeting Warrant Review with the Planning Board. First discussed was Article 1, or the MS4 Stormwater Management Bylaw. Chair of the Planning Board, Andrew Daniel, then read an executive summary of the proposed bylaw, saying:
“The town of Marion received a formal order of non-compliance from the United States Environmental Protecting Agency. The EPA [is] requiring the town to adopt a post-construction stormwater management bylaw no later than December 15, 2025. In order to meet the Federal Clean Water Act requirements, our Marion Subdivision Bylaw Chapter 300-4.6 addresses many aspects of the 2016 Municipal Separate Stormwater Sewer System (MS4) requirements. But they do not include land clearing outside of the subdivision development. This bylaw addresses that requirement. Passing this proposed bylaw at the Fall Town Meeting is a key step in meeting the compliance schedule set by the EPA and avoiding looming enforcement actions or penalties. The order specifically recognizes this Fall Town Meeting as the town’s latest opportunity to adopt this needed bylaw.
If residents approve this bylaw, the Planning Board will hold public hearings starting in December for input on its associated regulations. For context, stormwater runoff from development can lead to flooding, road damage, water pollution, [and] costly fixes if not properly managed. Currently, our permit acknowledges two pollutants that impair our affected water bodies. This proposed storm water management bylaw provides a targeted way to protect public and private property and infrastructure; drinking water supplies; safeguard the health of our local wetlands, rivers, streams, coastal waters, while minimizing the burden on our residents. The bylaw minimizes those burdens [for those] who are required to obtain permits and only applies to larger projects that have a meaningful impact on the drainage and soils. It establishes a straightforward standard. Any land disturbance of one acre or more requires a storm water management permit issued by the Planning Board. The same requirement applies to smaller activities only if they are part of a larger development plan that will ultimately disturb one acre or more. This threshold aligns with the existing federal rules and focuses oversight on the most significant source of stormwater impacts. Typical residential property maintenance such as gardening, landscaping, lawn care, the installation of fences or driveways are not affected. Protects fully regulated under the Water Protection Act or site plan review may also qualify for streamline compliance when they demonstrate that the stormwater standards are fully met.
Under this bylaw, the Planning Board were to review plans before the work was to begin to ensure proper erosion control and storm water measurements are in place. The town would have the clear authority to inspect these work areas as it progresses and issue a Certificate of Compliance once final requirements are met and take action if runoff problems occur. This bylaw includes standard enforcement tools to address serious and ongoing violations if needed. This bylaw positions Marion to meet the federal MS4 requirements while supporting responsible growth, protecting neighborhoods and infrastructure, and maintaining clean and healthy water resources. It offers a balanced approach to modern, modern storm water protections where they matter most without creating new obligations for the average Marion resident.”
Following the executive summary, Andrew Daniel said, “this has been on our plate for a while,” highlighting the long progress of planning the MS4 Bylaw. “We came up with what we feel is the best, least intrusive way of doing this,” he added. It was noted the EPA would also have to approve the regulation following a passing vote.
Next was Article 2, a Citizens’ Petition filed by Andrew Daniel. Daniel read the summary of his petition:
“To see if the town will vote to authorize and direct the Marion Water Department to establish a policy permitting property owners to install at their own expense a secondary water meter for outdoor water use such as lawn irrigation, gardening, feeding of livestock, swimming pools, and other non-sewer activities. Policies shall include but not [be] limited to the following elements, permitting and inspections. The proper owner seeking to install a secondary meter shall hire a licensed plumber. The plumber shall pull a plumbing permit from the building department prior to installation. A Water Department technician shall meet with the plumber on-site before installation to review requirements and confirm proper placement. Following the installation, the Water Department technicians shall install and seal the secondary meter. It shall be the plumber’s responsibility to ensure that all required final inspections are complete and initial installation fee shall be paid by the property owner to cover the meter costs. The labor and inspection annual billing for the secondary meter shall be issued separately from the PRI primary account once per year.
During the fall billing cycle, water rates for secondary meters shall be exactly the same as the rates for the first meter as set by the town of Marion Water Department, consistent with the town’s water rate schedule and subject to adjustment by the Select Board. The Water Commissioner’s sewer charges shall not be assessed on water consumption measured by the secondary meter administration and oversight. The Water Department shall maintain records of all properties with secondary meters. Fees may be adjusted periodically to affect meter size replacement labor and materials. The Water Department shall adopt and publish rules and regulations to administer the program.”
Select Board Vice Chair John W. Hoagland cautioned against, arguing “whatever we lose in sewer revenues has to be made up.” Saying sewer bills will likely rise.
The Marion Fall Town Meeting will be on Monday, November 24 at 6:45 pm in the Sippican School Multipurpose Room.
The next meeting of the Marion Select Board is scheduled for Tuesday, December 2 at 6:00 pm in the Marion Police Department.
Marion Select Board
By Sam Bishop