Thirty Marion residents have put their signatures on a Citizen Petition requesting an article be placed on the 2019 Annual Town Meeting warrant calling for a prohibition of adult use cannabis establishments in Marion.

This prohibition would include establishments that sell, distribute, cultivate, process, or package cannabis in any form.

Submitted by Henry Mauro of 19 Ichabod Lane, the petition was time stamped by the Town Clerk’s Office on November 8, but not introduced to the Marion Board of Selectmen’s agenda under the correspondence section until the December 18 meeting. The petition, however, was not discussed during the meeting.

A citizen petition requires a minimum of 10 verified signatures from registered voters for the Annual Town Meeting warrant.

Adding an article to the Town Meeting warrant is the first step Marion would need to take towards prohibiting adult use cannabis operations in town, given that voters approved the legalization of adult use marijuana by a narrow margin during the November 2016 state election. If voters adopt the article at Town Meeting, then the matter must move forward as a ballot question on the Annual Election ballot before prohibition is official.

Should the processing, cultivation, and sale of adult use cannabis products be banned in Marion, use of marijuana products remains legal, and adult residents would still be allowed to cultivate up to six plants per adult for a maximum of 12 cannabis plants per household for personal use.

Medical marijuana establishments would remain legal in Marion, but are restricted to the Marijuana Zoning Bylaw designated area, the Limited Industrial Zone located near the Sippican Industrial Park off Route 6.

In other news, the selectmen have authorized Town Administrator Paul Dawson to request a Reserve Fund Transfer from the Finance Committee for $6,000 to engage Weston & Sampson in a contract to explore solid waste and recycling options for the Town.

Temporary Department of Public Works Superintendent Jon Henry initiated the discussion with representatives from Weston & Sampson, with verbal support from Selectmen Jon Waterman and Randy Parker. Henry asked, should the Town outsource its trash collection and where should the solid waste be disposed of once the Carver, Marion, Wareham Regional Refuse Disposal District (CMWRRDD) contract with SEMASS expires at the close of 2020?

Board of Selectmen Chairman Norm Hills was concerned about redundancy, given that the CMWRRDD just hired a new executive director to explore these very options, but Parker felt the board should be leading this matter, saying, “Two years is a short time.”

“Having an engineer on board along the way, as a tool for them,” said Parker. “It’ll give us a little lead on what we should be doing. … Two years municipal time is tomorrow.”

But the CMWRRDD does have a contract to honor, Hills pointed out. “But it doesn’t hurt to have a backup plan,” said Parker. “We need some leverage.”

“I think it’s a good investment for us without committing,” said Waterman. “I’m not convinced there’s benefits to sticking with the CMW long term.”

“I think it’s a tool that will actually pay a dividend in the end and keep us ahead of the curve,” said Parker.

There are several options the Town could adopt, said Waterman, including buying a new truck for waste collection, outsource curbside collection, or privatize.

“Any option voters will need to approve and maybe seek an override,” said Waterman.

“Any of those options are going to cost the voter more money.” He later said, “Maybe the CMW’s the best way to go long term, but we also have to think, is there an alternative … and what does that look like?”

“We’re not gonna make the ultimate decision; the voters are going to make the ultimate decision,” said Parker.

“I think it does have to be based on voter feedback,” Waterman said.

If the Finance Committee approves the Reserve Fund Transfer, the selectmen have authorized Dawson to execute a contract with Weston & Sampson.

Also during the meeting, the board approved Police Chief John Garcia’s request to change Lt. Richard Nighelli’s appointment as Lieutenant from probationary to permanent.

The board approved a petition from Verizon and Eversource to relocate a utility pole on Spring Street to accommodate the new Buzzards Bay Coalition building.

Dawson also received permission to apply for recertification of the Town’s Tree City USA status.

The board also acknowledged Dawson’s birthday after the meeting during a short celebration with cake before entering into executive session for legal strategy related to the Buzzards Bay Coalition’s lawsuit against the Town.

The next regular meeting of the Marion Board of Selectmen is scheduled for January 8 at 7:00 pm at the Marion Town House.

Marion Board of Selectmen

By Jean Perry

Before hearing the cases on a rather light pre-holiday agenda on December 18, Rochester Conservation Commission Chairman Michael Conway said he had a few comments to make regarding one of the board members – Laurene Gerrior.

Conway said it was Gerrior’s last night as a commissioner as she is relocating to Middleboro. He went on to express gratitude for Gerrior’s many years of service to the community, which include being a Conservation Commission member since 2009, as well as working on the Open Space Committee, Historical Commission, Rochester Land Trust, and Cultural Council.

Gerrior said that she’ll be taking a year off from volunteering before filling her evenings with meetings in her new location.

Then it was onto the business at hand.

First up and taking up the majority of the meeting was a continued public hearing for an Abbreviated Notice of Resource Area Delineation filed by Steve Longo of Borrego Solar System, Inc. for property located at 75 Vaughan Hill Road. The property owner is Kiriakos Rentumis.

If Longo believed that this meeting would wrap up this portion of the proposed solar project, that belief was shattered when abutter Daniel MacGregor, 91 Vaughn Hill Road, questioned the location and number of vernal pools being reported.

There ensued a lively discussion of methods used by Longo’s engineering team to find and map all wetland and jurisdictional features on the property, with MacGregor asserting that some things had been missed. MacGregor said that the location of wetlands was important because it would impact the number and location of solar panels, including those that might be placed close to his home.

Rochester Conservation Agent Laurell Farinon said, “We’ve been at this for a while, it’s a big site,” and while she said she had confidence in Longo’s report and mapping, she also acknowledged that now was the time to ferret out any and all issues. “This is why we re-advertised and notified abutters again,” she said while adding, “We’ve been over this with a fine-tooth comb to ensure nothing was missed.”

Conway suggested that MacGregor and Longo walk the site together to find any inconsistencies between the two parties. Longo commented many times during the discussion, saying, “Ours is correct,” adding that tax maps were wrong, if that was what MacGregor had based his opinions on.

In the end it was determined that the hearing would be continued until January 15 and that Longo would provide MacGregor with documentation and mapping used to support the wetland delineation report he had defended.

In other matters, a Certificate of Compliance requested by Decas Real Estate Trust for 15 Cranberry Highway was continued until January 15.

Two other requests for Certificates of Compliance – one requested by Michael Williams, 692 Walnut Plain Road, and another by Sonia Amaral, 28 Snows Pond Road – were granted.

The next meeting of the Rochester Conservation Commission is scheduled for January 15 at 7:00 pm in the Rochester Town Hall meeting room.

Rochester Conservation Commission

By Marilou Newell

The Old Rochester Regional School District welcomed its new business administrator on December 13 during the joint meeting of the ORR School District Committees.

Paul Kitchen will assume the position on January 7, 2019, replacing former business administrator Patrick Spencer, who passed away unexpectedly on October 1.

Spencer had been the school districts’ business administrator for over four years.

Kitchen is the current business administrator for the Greater New Bedford Vocational Technical High School and served as the business administrator for the Fairhaven Public School District for 11 years.

Superintendent Doug White introduced Kitchen, saying he had earned his Masters of Business Administration from Bryant College and has a Bachelor of Science in Business Administration from UMass Dartmouth. Kitchen, who resides in Fairhaven, also earned his Doctorate of Jurisprudence from the Southern New England School of Law.

“He brings a wealth of experience to the district, not only around budgets, but also buildings, state reporting, revenue production, facilities management, and service oversight,” said White.

Kitchen is also a certified Massachusetts Public Procurement Officer and Building Operator.

“His collaborative style will be greatly appreciated in the district as he works with all the stakeholders,” White said.

The committee voted unanimously to make Kitchen’s employment with the district official.

The next meeting of the joint Old Rochester Regional School District Committees is scheduled for March 7 at 6:30 pm in the ORR Junior High School media room.

Joint Old Rochester Regional School District Committees Meeting

By Jean Perry

The report came late in the evening’s agenda, the December 17 Mattapoisett Planning Board agenda, that is. The report in question was the peer review update from Ken Motta of Field Engineering regarding the oft times troubled Brandt Point Village subdivision.

The chapters in this construction project’s story could read like a Tim Burton movie – multi-layered, surprising twists and turns, at times dark, and with numerous characters. But the reality for the homeowners living in Phase 1 of the project is more troubling then fiction. After years of promises from owners and developers, there are still some 20 line items of incomplete to-dos on Phase 1.

Yet it was a very quiet update indeed, as no one was present representing the developer, Armand Cotelleso, or financier Marc Marcus of Omega Financial, the latest in a long line of prime movers who have carved through acres of woodlands attempting to build out a subdivision that would meet market expectations and the Town’s regulations.

On this night, the Planning Board members silently read Motta’s two-page report that noted a few items had been completed such as repair to broken concrete, while other more significant issues remained open-ended, like the condition of the community’s septic system.

In October 2018, a frustrated Planning Board called in the $1.5 million surety Marcus had put up in 2016 after the developer continually failed to complete work on Phase 1 as scheduled and failed to show up for informational meetings with the Planning Board.

Chairman Tom Tucker thought that action had “lit a fire under” them and inspired some of the work that they now noted as complete. But Tucker also mentioned the need to stay on top of the project, especially as Phase 2 build-out begins.

“Some of those homes look rather large,” Tucker said as he reminded the board members that the bedroom count for the entire project stood at 90, but that it appeared a “den” feature might be ultimately used as a third bedroom. He said again that the Planning Board would have to “keep an eye on the bedroom count.”

Present on an unrelated matter was a resident of Phase 1, Derek Tavares of 3 Nantucket Drive, who sought and received permission for a Form A Approval Not Required as he plans to purchase an adjoining vacant lot for the purpose of expanding his outdoor space. Tavares confirmed that homes in Phase 2 were being marketed at upwards of $450,000, a princely sum for a mere two-bedroom home.

The board members concurred that they did not expect much work to take place over the winter months, nor would Motta be providing another report until sometime in early 2019.

Earlier in the evening, Scott Snow, applicant for a new subdivision proposal named Eldridge Estates located off 8 Prospect Road, was represented by Richard Rheaume of Prime Engineering, who presented an update on the project. This meeting was an informal discussion followed by a request for a time extension since the project had evolved over the prior months and the original application was now drawing to a close.

Previously, Snow has proposed a two-lot subdivision that would also have included two existing structures. Now the project featured three new lots along with the two existing lots for a total of five residential lots.

Rheaume said that the homes would be serviced by public water and sewer, that sewer stubs were already in place, and that there would be a turn-around at the end of a private driveway in accordance with the requirements of emergency vehicles.

Tucker told Rheaume that when he returned to the Planning Board with a new plan of record, he must also have letters from the Police and Fire Departments that confirmed acceptance of the driveway configuration.

There was a rather long discussion about the timing of Snow’s return to the Planning Board with completed plans and other necessary documentation. With holiday closures and press deadlines, Rheaume was unsure if the timing would work for his client. In the end it was determined that an extension would be granted until February 4, at which time Rheaume would have to ask for a second extension until February 21.

There was also discussion about an appropriate water flow study procedure to utilize when calculating stormwater runoff. In the end it was determined that the Town’s peer review consultant would weigh in on that aspect of the project.

The request for a continuation until February 4 was granted.

Also coming before the Planning Board was Dave Andrews of The Bay Club with an update on roadwork within the massive subdivision as at least one roadway covenant was nearing its expiration date. The board was satisfied with the information, which included Andrews noting that one section of a newly created neighborhood would take four years for completion.

“We had thought it would be a 10-year project, but it’s nearer to 20,” Andrews chuckled.

Of the 189 homes allowed under the permit for the entire build-out, to date some 114 residences have been constructed, Andrews estimated.

Planning Board member Janice Robbins casually brought up the topic of marijuana bylaws, asking Planning Board Administrator Mary Crain if the board had authority to set permitting fees. Crain said she believed that to be the case, but would verify it with Town Counsel.

The next meeting of the Mattapoisett Planning Board is scheduled for January 7 at 7:00 pm in the Town Hall conference room.

Mattapoisett Planning Board

Marilou Newell