The Marion Conservation Commission issued two permits on March 13 for infrastructure projects to improve drainage and water flow within the Town of Marion.

            The commission listened as Mass Department of Transportation Highway Division District 5 Environmental Engineer Andrea Coates described the Request for Determination of Applicability application for the proposed solution to a longstanding and frequent drainage issue that has threatened to overtop Route 6 near 265 Wareham Street.

            The MassDOT Highway Division will remove a 12-inch diameter tree at the location and excavate an area approximately 12 feet by 8 feet from the northern headwall of the culvert to the sidewalk in order to repair or replace a 21-foot by 18-inch pipe.

            The frequent flooding in the area, Coates stated, was the result of a broken or clogged drainage pipe underneath the sidewalk area.

            The Highway Division had “jetted” the pipe, attempting to remove the obstruction with pressurized water, but was unsuccessful. Commission associate member Dale Jones inquired if a camera was used, but Coates said there was too much water in the pipe to make any useful observations.

            Coates cited cracks in the sidewalk running parallel to the pipe as evidence that the pipe might be collapsed, causing the sidewalk to settle.

            Once the area is excavated, the MDH will evaluate the pipe, patch it if possible, or replace it if necessary, and place siltation barriers down gradient of the headwall in the area of excavation.

            Coates expects the work to begin this summer.

            The commission issued a Negative determination, which means the work will not alter or impact the wetlands.

            Also during the meeting, the commission issued an Order of Conditions for the work proposed by the Marion Department of Public Works to construct approximately 6,200 linear feet of 12-inch iron ductile water main along Mill Street (Route 6) from the Mill Street water tank to the end of the pre-existing 6-inch water main between Sparrow Lane and Rocky Knook Lane.

            The replacement of the pipe is an effort to increase water flow to the fire hydrants and residences in this area, and resulted from a study commissioned by the Town to determine infrastructure needs within Marion.

            This evening was a continued public hearing, as the engineer for the project, Meghan Davis of Tata and Howard, Inc., had awaited the response from the Natural Heritage and Endangered Species Program (NHESP). Davis received word from NHESP that the project would not adversely impact the habitat of the protected species in the area.

            The commission issued the approval, however the project is still subject to Annual Town Meeting funding appropriation before it can move forward.

            Cynthia Paliotta of 119 Converse Road came before the commission with an RDA to remove four oak trees located along the property line. The trees, Paliotta said, pose a threat to her neighbor’s house in the event of a severe windstorm.

            “I’m protecting my interests,” Paliotta said. “[The neighbor’s] house is listed at $1.6 million dollars. … We lost 44 trees during the last big storm.”

            The commission had been to the site, and Chairman Jeff Doubrava stated that he wasn’t sure which trees Paliotta was requesting to remove. He had thought she was referring to a group of white pines on the property, but it became clear that the trees to which Paliotta was referring were likely located in the wetland resource area on the property. The commission decided that they needed to revisit the site, and asked Paliotta to mark the trees in preparation for their visit.

            The hearing was continued to March 27.

            The next meeting of the Marion Conservation Commission is scheduled for March 27 at 7:00 pm in the Marion Town House.

Marion Conservation Commission

By Sarah French Storer

            The developer of the 40B housing development off Route 105 in Marion is now looking to construct a second 40B project on a lot located off Wareham Street – a lot made controversial recently with the Marion Planning Board’s denial of a large-scale solar farm once slated for the site.

            During the Marion Planning Board meeting on March 18, an update on SRPEDD’s study of the Route 6 corridor led to the disclosure of housing developer Ken Steen’s tentative purchase of 78 Wareham Street and a plan to construct a 96-unit 40B residential development where ZPT Energy Solutions wanted to put its solar farm.

            The Planning Board denied ZPT’s Special Permit application on December 3, 2018 based on its interpretation of the solar bylaw’s prohibition of “large-scale” clearing of trees. ZPT proposed clearing 86 percent of the 22-acre lot, and the Special Permit denial resulted in ZPT filing a lawsuit against the board.

            During the Planning Board’s December 10 meeting to finalize the language of its written decision, Finance Committee member Alan Minard expressed his disappointment with the denial and endorsed the solar farm because it would have been “a major economic benefit by avoiding lots of houses, 40Bs, [and] condos.” He said the solar farm would have benefitted the town because “the school bus does not pull up next to it.”

            Bringing Steen’s tentative plan to the forefront that evening was resident Sherman Briggs who has been working with the Planning Board for several months now (if not years) on constructing a 27-unit residential community on his land located off Spring Street. Briggs’ concern was that the SRPEDD Route 6 study would progress before the chance to study the 96-unit 40B development’s impact on traffic on Marion’s stretch of Route 6.

            Planning Board member Andrew Daniel said the board had no plans before it that night, so discussing it would be “putting the cart before the horse.”

            Briggs, however, responded by saying, “That corridor will be used for a lot of density,” and he urged the board to consider the very real possibility of the 40B coming to fruition as the board confers with SRPEDD.

            “The way you do things around here, it’s all backwards,” said Briggs. “We need to think about this, [it] could be a tremendous impact.”

            Eileen Marum and Chris Collings were the two dissenting voices on the Planning Board in December, with both of them in favor of the solar farm.

            Norm Hills, a Planning Board member and the chairman of the Board of Selectmen, voted to deny ZPT’s Special Permit and suggested that someone should confirm whether ZPT’s lawsuit has been dropped.

            “When we know there’s an actual agreement, we can sit down and talk with them,” Hills said, referring to Steen and the potential 40B.

            Briggs, however, reminded Hills, “[A] 40B goes to the ZBA, not the Planning Board. Why I stepped up (to speak) is so we can bring [it] to the state – what’s happening from there to the bridge.”

            The Wanderer could not confirm Steen’s intent to purchase 78 Wareham Street before press time, but during a follow-up interview, Briggs disclosed that he had spoken with Steen who informed Briggs that he is purchasing the property and developing the plans for a 96-unit 40B, which could provide Marion with additional affordable housing.

            Steen is the developer of Marion Village Estates, the 96-unit 40B residential development off Route 105. Steen is also developing a 208-unit “40R” in Rochester. Municipalities consider a 40R to be more like a “friendlier 40B,” allowing the town to enforce its zoning requirements over the project and also collect financial reimbursement from the state to help offset the costs of increased demands on municipal services. There are, however, certain specifications required in order for a project to qualify as a 40R, such as a project’s close proximity to public transportation.

            Also during the meeting, a pre-submission conference with a business in town looking to move to a new location dominated most of the evening’s discussion.

            AIS, Inc. is losing its lease with Lockheed Martin on Barnabas Road by the end of the year and proposes constructing a new building on property located on Route 6.

            “I live in Marion. I like commuting five minutes,” quipped AIS president Arvidas Poshkus – a reason for proposing his new structure.

            John Morrissey, the general contractor for the AIS, Inc. project, stated that his client recently signed a purchase and sale agreement for 304 Wareham Road. The proposed building that would house the scientific marine services company will be an approximately 7,450 square-foot, two-story structure, including 1,000 square feet of storage and company offices on the first floor and 2/3 of the second floor.

            The company currently leases 6,500 square feet, but Poshkus anticipates getting more equipment, such as long cables for ships, for which the “flex space” would be an advantage.

            Acting Chairman Steve Kokkins inquired about the hours of operation, which Poshkus described as “24/7” with just a few people on the weekends. The company also repairs equipment such as survival suits, seismic recorders, and infrared devices.

            AIS employs about 200 people throughout the country and serves from Maine to North Carolina. Poshkus said there would be between 15 and 20 people on daily, with most employees working between 7:00 am and 7:00 pm.

            The 1-acre site has adequate frontage on Route 6. The front parking lot will be paved with asphalt, with the back lot covered with crushed stone. There is no outside storage proposed, nor any on-site storage of chemicals.

            Engineer Ken Motta, hired by Poshkus for development of the site plan, responded to concerns from the board about traffic in the area. Hills informed Poshkus that this new construction triggers a Major Site Plan Review, which includes a traffic study. Motta noted that he will be examining the sight line distances both east and westbound on Route 6.

            Motta said he intends to “optimize the sight distances in each direction.”

            In other matters, the board heard the application for a Special Permit for a change of use of the Masonic Lodge located at 11 Spring Street.

            Jason Vaninwegen, vice president and chairman of the Pythagorean Building Association, stated that the prospective tenants, Russell and Bridget Benoit, propose a physical therapy and coaching business for the first floor of the building.

            Vaninwegen spoke with the building commissioner, who told him that medical use was a permitted use with Planning Board approval in the Residence B district.

            One parking space is required for every 150 square feet of commercial space, resulting in 10 spaces required. Vaninwegen stated there are 11 spaces available for the business, in addition to on-street parking, and the spaces the lodge leases to the neighboring dentist office.

            Historically, the first floor of the building has been used for a drug store, a hardware store, and an art gallery with retail space. The lodge will continue to use the second floor and half of the downstairs for its purposes. 

            The board unanimously approved the Special Permit, with Kokkins recusing himself as a member of the lodge.

            The next meeting of the Marion Planning Board is scheduled for April 1 at 7:00 pm in the Marion Town House.

Marion Planning Board

By Jean Perry and Sarah French Storer