Board member Eileen Marum presented the Planning Board with a draft “Adult Use of Marijuana” by-law for its review Monday night, with the intention of getting the board’s approval to send the article to the fall town meeting. However, some board members took issue with elements of the draft, compelling the board to schedule a special meeting at the end of this week to finalize the draft.

In giving the public context for the by-law discussion, chairman Will Saltonstall reminded the board that the commonwealth legalized marijuana in 2014, with Marion approving the measure by 7 votes. Marion adopted a moratorium on the establishment of recreational marijuana businesses at the 2017 fall town meeting to give the state and the Board of Health time to work on their regulations. The moratorium expires in December of this year, and the Planning Board has been charged with developing a by-law for the 2018 fall town meeting.

Member Marum stated that she developed the by-law while referencing other town’s by-laws as well as following the commonwealth’s laws and regulations very closely, saying “This by-law meets the requirements – [it’s] pretty comprehensive. The definitions come directly from the state law.” Marum added that both town counsels are reviewing it.

Saltonstall provided the board with a color-coded map of the limited industrial zoning district, which is the area the by-law contemplates allowing the marijuana establishments, by special permit, to be located. Saltonstall sketched the map in an effort to show the extent of the area and lots that were available, after taking into account the 500′ setback from schools and the 300′ setback from residences, both of which are included in the draft by-law. The limited industrial district runs southeast from the old railway bed, east to route 6, and south to roughly Holmes Woods. A map is available on the town web site.

After confirming there are no other limited industrial areas in town, member Chris Collings observed that most of the available land appeared to be owned by Sippican Corporation, and he doubted this land would be sold for marijuana establishments. While other members said there was no point in speculating, he reiterated his point by saying, “We need to be careful we don’t create a rule that is not useable.” Member Andrew Daniel raised the same concern, describing the state’s square footage requirements for cultivating plants. Daniel also suggested the by-law expand the 500′ setback to include religious institutions, which may have Sunday schools. “I’d like [the marijuana establishments] to be allowed in the General Business district – [they] refer to them as package stores – that’s the argument. We need to do what the people want.” While Daniel was clear he didn’t agree with the town’s vote to allow the marijuana businesses, he cautioned, “I’m concerned we are hiding it in a corner” … adding later that marginalized business owners are at a disadvantage if the only area of opportunity is the limited industrial district. Collings concurred with this assessment saying “My radar is up – we are handing this opportunity to a handful of landowners. If I was a retail owner in town I’d be pissed.” Daniel proposed that the 300′ setback from residences be removed from the by-law, citing the preponderance of residences within 300′ of the general business zone. While it’s not in the state regulations, Marum placed it in the town by-law because of “security concerns.” Daniel suggested the board consider a marijuana overlay district, which would determine areas throughout the town that would meet the setback requirements.

Collings suggested that the town include in the by-law a schedule of services the town will be providing the businesses for which it could collect fees. He spoke with Town Administrator Paul Dawson who suggested that the language be explicitly stated in the by-law rather than leaving it to the host agreements created with each individual establishment.

Board member Norm Hills urged the board to finalize the by-law, remarking that “I don’t think it’s too restrictive. We need to get something on the books.” If there is no town by-law when the moratorium expires, the state will treat the town as if there are no regulations within the town for marijuana establishments.

Peter Campisano, a town resident, asked “Do we have a sense of what a majority of people in town [feel about] an outright ban and shouldn’t that inform the by-law?” Daniel pointed out that the town approved the state question by 7 votes and, therefore, must follow a two-step process to ban the establishments: vote on a town-wide ballot followed by a vote at town meeting. Collings added, “We are obligated to put the by-law together in a timeframe that will not leave the town exposed – they can happen simultaneously.” The board scheduled a special Planning Board meeting for Thursday, August 23 to finalize the draft in order to meet the deadline for a public hearing in September.

In other business, after Saltonstall recused himself, David Davignon of N. Douglas Schneider and Assoc. presented a preliminary subdivision application for a two-lot subdivision. The 3.6 acre lot, located at 213 Converse Road, extends east along the rear of lots on Beach Road. The owners are proposing to create a short cul-de-sac using a lot they purchased on Beach Road to create frontage for two new house lots. There is a house currently on the lot with frontage on Converse Road. The parcel had been subdivided by the previous landowners, creating a rear lot, which was subsequently dissolved and a covenant with the town required the owners to return to the planning board for any further subdivision of the lot.  Davignon is requesting a number of waivers for the development, including: a reduction in the radius of the cul-de-sac; a reduction in the setback for clearing near the wetlands at the east end of the property; a reduction in the setback of the proposed retention pond from neighboring homes; and a waiver from paving the proposed road or installing sidewalks. The board members agreed that the road needed to be paved, citing the issues the town has had with plowing gravel roads. Daniel suggested Davignon speak with the fire chief regarding the adequacy of the radius of the cul-de-sac. Hills asked that Davignon provide “ghost images” of adjacent homes so the board can determine the impact some of the proposed waivers and road will have on the abutters.

The next meeting of the Marion Planning Board is scheduled for Thursday, August 23, 2018 at 7:00 pm. 

Marion Planning Board

By Sarah French Storer

Mattapoisett’s Board of Selectmen met at 7:30 am on August 16 to sign some twenty legal documents related to the upcoming construction of Phase1B of the Mattapoisett shared use recreational path, aka, the bike path.

This section of the bike path has had its fair share of obstacles including the number of easements needed, the requirements set forth by the Massachusetts Department of Transportation (Mass DOT), and the environmental impact of crossing wetlands – it has been a very long and complex process.

Echoing that sentiment on this morning, town administrator Michael Gagne said, “There are a number of documents that need to be forwarded to the Mass DOT agent to effectuate Phase 1B from Mattapoisett Neck Road to the parking lot at Depot Street.” He said that there had been many long meetings and negotiations with all parties that included the YMCA, Reservation Golf Club, Dennis Mahoney and Sons, and five abutters whose properties are contiguously located along the bike path on Mattapoisett Neck Road.

When all was said and done, Selectmen R. Tyler Macallister and Jordan Collyer signed some twenty documents and engineered plans needed to be able to move into the construction bid phase.

The town’s attorney in this matter, Matthew Thomas, carefully explained each piece of paper or plans associated with Phase 1B that required a vote by the board of selectmen.

Thomas described the first set of documents as an agreement between the town and the YMCA and Reservation Golf Club for easements. Thomas said that concurrent with the Board of Selectmen meeting, the Board of Directors for the YMCA were meeting to solidify their early vote to accept the easement as presented and gift it to the town. He said that although he did not anticipate a problem, in the event that that agreement failed, the selectmen would need to vote to approve a “taking” of the easement. Those documents were accepted and signed.

As a point of clarification, Thomas said that all easements being discussed during this meeting were easements over existing sewer and railroad easements already in place, but such easements were required as part of the agreement with Mass DOT. He said that the easements from the YMCA and Reservation Golf Club were gifts. The acceptance of the easements from these two entities were approved at the May 2017 annual Town Meeting he said.

Regarding easements involving property owned by Dennis Mahoney and Sons, Thomas said it was within their right to disagree with the $1,900 pro tanto payment and value assessed on the easements. The selectmen signed documents for taking of the easements.

There were five abutters along Phase 1 of the bike path who needed to give permission for the placement of hay bales in easements on their property for the upcoming construction of Phase 1B. Gagne acknowledged their willingness and thanked them for their kind cooperation in the process.

There were also documents signed giving Mass DOT the right to enter town property during the construction phase and review engineered plans and deeds of easement. The selectmen also approved an easement along Goodspeed Island Road as well as the layout, and there was a vote to dedicate the path as a bike and pedestrian path for recreational use as required by Mass DOT.

Regarding the Reservation Golf Club, Gagne said at the end of the meeting that the board of directors were “great to work with”, including the partnership between the town and the private golf club for use of the parking area and beach at the end of Reservation Road. He said that during his negotiations with the club, they asked for permission to erect a sign on Route 6. The selectmen agreed to send a permit request to the building department on behalf of the club.

The next meeting of the Mattapoisett Board of Selectmen is scheduled for August 22 at 6:30 pm in the town hall conference room.

Mattapoisett Board of Selectmen

By Marilou Newell

Stingray City Reality Corporation got a pass on July 19 when both applicant and representative were “no shows” for a scheduled hearing to determine the merits of an application for a Special Permit; however, on a baking hot August 16 night with the Zoning Board of Appeals populated with two new members, both applicant Bill Bachant and representative Bob Rego of Riverhawk Environmental were front and center.

Making their first appearances on the board were Michael Ward and acting clerk, Jordan Rodrigues. Also seated were Kenneth Pacheco, Gene DesLandes, and acting chairman, Colby Rottler.

Bachant’s Special Permit application, for property located along the Route 6 business corridor, asked the ZBA to allow the construction of a three-unit condominium project. Rego described the residential units as one duplex and one free standing structure that collectively would comprise the three-unit condominium project on one 3.75-acre lot.

Rodrigues asked if the project required a Special Residential District designation with lot sub-divisions and associated regulations. Bachant responded that although one unit would be free-standing and the other a duplex townhouse style structure, the entire project constituted a condominium project with three units on a single parcel.

Bachant was asked if the units would be for rent or sale. He responded, “For sale.”

Rego briefly covered details that were extensively evaluated and received an Order of Conditions from the Conservation Commission at an earlier meeting – issues such as storm water run-off and drainage systems. Asking those questions was Ward who said he had experience as a member of a conservation commission in another town.

Pacheco said that the property in question had been for sale for a long time and he believed the residential project would be an improvement to the area. Other board members discussed the mix of residential and business properties along the Route 6 corridor, thus Bachant’s project was in keeping with the area. The project received a Special Permit.

Also receiving Special Permits were Robert and Jennifer Trudeau, 34 River Road for the construction of an above ground swimming pool, and Donald and Millicent Carlstrom, 102 Fairhaven Road, for the demolition of an existing single-family residence and the construction of a new home on the pre-existing footprint.

The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for September 21 at 6 pm in the town hall conference room.

Mattapoisett Zoning Board of Appeals

By Marilou Newell