Fieldstone Lane residents who complained during the Zoning Board of Appeals’ December 23 public meeting about their predicament in the wake of developer Ken Steen’s requirement that they establish a homeowners’ association by January 1, 2022 in order to avoid a breach of contract were heard on Tuesday night by the Marion Select Board.
With 10 days minus two holiday weekends to organize a response, Marion Town Administrator Jay McGrail met with Steen and Town Counsel Jon Witten on January 4 and reported during the Select Board’s Tuesday night meeting that Steen said he would continue plowing the road until the transition is complete.
That news was meant to bring relief to the disgruntled homeowners on the private way, but the message also compounded the homeowners’ frustration as it was learned that they had entered into a contractual agreement with another road-plowing service.
The homeowners blame this on a lack of communication from Steen. The resultant expense, according to Shawn Badgley, 13 Fieldstone Lane, is a monthly bill of hundreds of dollars. Some of the Fieldstone Lane residents are in 40B affordable housing, further indication that budgets will be stretched.
“We’re in the red for potentially thousands upon thousands of dollars,” said Badgley, who once again asserted in a public meeting that Steen had indicated that the town would take over Fieldstone Way as “a matter of when, not if.”
Since then, the homeowners have learned that the town is against making Fieldstone Lane a public road. To that end, Department of Public Works Director Nathaniel Munafo attended Tuesday’s meeting to explain the town’s position.
Munafo referenced more than 10 waivers, some of which he considers significant, that allowed road construction against the town’s recommendation. The waivers included a right of way reduced from 50 to 40 feet, streetlights that are too close to the roadway, the hammerhead design and dramatic roadway drop-off after the paved surface ends.
McGrail also cleared up a misconception over the town’s vetting of the project, noting its 40B (affordable housing) status and the waivers granted the project by the state against Marion’s wishes.
“Marion went to court to fight this whole process … (the waivers) were forced on us after 10 years of litigation … ultimately approved through Housing Court. These are not waivers that we give out, but because of the 40B status we lost,” explained McGrail. “You guys are definitely a big part of our community, and our job is to help our residents. … But we want to make sure that we’re clear and up- front with our concerns.”
The process of making Fieldstone Lane a public way, McGrail instructed is via a citizens’ petition, then a presentation and vote at Spring Town Meeting. It is not in McGrail’s or the Select Board’s purview to declare any private road a public way.
Select Board member John Waterman suggested McGrail ask Steen to pay the bill associated with the new snowplowing contract that HOA treasurer Wendy Slabodnick said cannot be canceled.
“We’re asking Steen and asking the town to work together to provide some clarity to perhaps avoid some litigation,” said Badgley adding, “we did everything to hold up to our end of the deal so we’re asking the same of Steen.”
McGrail said that there is approximately $20,000 remaining in the maintenance bond earmarked for the planting of trees and streetlight repair. He reported that Steen indicated in Tuesday’s earlier meeting with McGrail and Witten that he would complete those repairs by April.
McGrail said he would provide Badgley with the town’s list of concerns and the requirements of street acceptance.
In a 6:15 pm appointment, Department of Public Works engineer Meghan Davis updated the Select Board on Marion’s Hazard Mitigation Plan, announcing that the plan was finalized and submitted to MEMA and FEMA in December. The final step, said Davis, is the Select Board’s signing of the Certificate of Adoption.
The board voted its approval of the Hazard Mitigation Plan.
What former Town Planner Gil Hilario started in procuring the grant to get the ball rolling with the town’s Hazard Mitigation Plan before leaving to work for North Attleboro, Davis finished.
“Meghan took the ball and hit a home run with it,” said McGrail, alluding to two public forums and a successful consultation with the Woods Hole Group. “I’m really happy with the work they did.” McGrail said the work was completed in time for Marion to apply for the FEMA-sponsored, competitive Building Resilient Infrastructure and Communities (BRIC) Grant.
Being a public hearing, John Brown, 7 Shawondasse Road, spoke critically of how the Board of Assessors recently designated formerly unbuildable lots in flood plains and velocity zones as potentially buildable. “I think it’s a colossal waste of energy and goodwill,” said Brown, who added a plea to the town’s boards to work together and adhere to existing regulations. He strongly urged the town against any new buildings or sewer hookups in flood plains and velocity zones.
The Select Board offered no rebuttal to Brown’s presentation of facts, but Hills said, “We’re trying to work together. … Unfortunately, some of the bylaws we have are contradictory.” Hills further noted that, as part of the Bylaw Codification Committee, some of the changes the town needs to make are “darn hard.”
Waterman noted that the assessors are independently elected. “We have no control,” he said.
In his Town Administrator’s Report, McGrail told the Select Board that Marion is in “mid-swing” of the FY23 budget and capital-request season. Most department heads have submitted budgets, he said, waiting on the Police Department and public schools.
The plan, said McGrail, is to submit a FY23 budget to the Finance Committee and the Select Board by January 26, the night that FinCom next meets. He identified schools as “the big budget item before we know where we are.”
McGrail said he would have the Sippican School budget by the end of this week. While Old Rochester Regional School District budget hearings will be held in February, McGrail said that ORR Superintendent of Schools Mike Nelson would have a placeholder by the end of January. The ORR placeholder, he said, has a history of reliability.
As for capital planning, the CIPC is nearing the end of its cycle and was scheduled to meet on Wednesday night for the DPW’s final installment, the sewer budget. The committee will then score all capital projects and submit a recommendation to the Select Board this month.
McGrail says that Marion has free cash but does not want to spend it all on capital projects. A meeting with Finance Director Judy Mooney will be the basis of a decision on where to draw the line with free cash.
McGrail told the board that Building Commissioner Scott Shippey has resigned effective January 14 to take on the same role in Foxborough. A 22-year employee, Shippey was a big help to the Bylaw Codification Committee, according to Hills. Resumes for the job are due in mid-January, but McGrail said a good candidate after the cutoff date would garner consideration. McGrail, Mooney and Select Board member Randy Parker will form the screening group.
In other business, the Select Board voted to approve the agreement with Plymouth County to administer the ARPA federal reimbursement program. McGrail said Marion has five years to spend close to $2,000,000 in ARPA funds.
The Select Board also voted to approve a storm-drain connection at 36 Main Street. Davis reported a revision to stipulate 6- inch pipe and a check valve upstream.
The following water/sewer commitments were also approved: final readings of $3,785.04 (December 8, 2021) and $407.87 (December 20, 2021,) quarterly billing of $1,243.60 (December 13, 2021,) $1,274,047.56 (December 14, 2021,) $10,748.82 (December 17, 2021,) and $81.97; and $280 for a sewer reconnection (December 22, 2021.)
The Marion Select Board will hold its quarterly meeting as water and sewer commissioners on Thursday, January 13, at 4:00 pm and will reconvene for its next regular Select Board meeting on Tuesday, January 18, at 6:00 pm.
Marion Select Board
By Mick Colageo