The 30-minute meeting of the Mattapoisett Planning Board on May 15 was light on agenda items and lighter still on forward movement for the Shagbark neighborhood planned at The Bay Club.

Coming before the board was David McIntire who is seeking to sell the property to Northland Residential Corporation. In that effort, the two parties have been investigating methods and means to provide the Town with an acceptable surety.

Presently, lots are being held awaiting clearance that certain construction performance standards have been met. The Town and the McIntire team had studied cost estimates for roadwork in the upscale residential community, but felt that figures produced by Field Engineering, working on behalf of the Town, were too high. Those estimates were hundreds of thousands of dollars more than Northland and McIntire could agree to.

“We are still working on the numbers,” McIntire told the board members. He said that his team was looking at all options, including staying with lots being held as collateral. “We’ll be back,” he said, adding that he would keep the board informed as various financial mechanisms are explored.

Also returning to the board was David Andrews, director of Bay Club Real Estate Trust and Community Association.

Planning Board Chairman Tom Tucker and the members of the board thanked Andrews for hosting a site visit saying, “I’m amazed at the changes.” Tucker said that the site visit had been important and “very informative.”

Board member Janice Robbins declared, “It’s better than sitting in a room,” gesturing at the conference table covered in engineering plans and maps. Member Karin Field added, “It’s a nice project.”

Andrews said The Bay Club partners were studying public access points to Tinkham Forest, a condition set by the board, with the possibility of placing an article on the fall special town meeting warrant for voter consideration. He said there are concerns regarding traffic diversions onto Industrial Drive that flows onto North Street. He reported that he had been meeting with the town administrator and town counsel regarding the matter. Andrews said that a traffic study would be conducted to help with the process.

Andrews reminded the board that two lots are being held as surety towards the completion of roadways in the development, but until it is determined whether or not the public sewer will be constructed through existing roads, there was no point in putting a topcoat on roads that would eventually be “ripped up.” The board members concurred.

On the matter of the subdivision at Brandt Island Road, long a thorn in the side of the Planning Board, board member Gail Carlson, who is also a resident of the community, said that things were moving along. She said roads were being completed in Phase 1 along with guardrails and lighting. Carlson said septic issues remained incomplete, as did turtle fencing.

Tucker said the developer would be invited to the next meeting of the Planning Board to make a more complete report on the project.

The next meeting of the Mattapoisett Planning Board is scheduled for June 5 at 7:00 pm in the town hall conference room.

Mattapoisett Planning Board

By Marilou Newell

The Marion Zoning Board of Appeals on May 11 approved the owners of “418 Point Road Trust” of 418 Point Road their request to appeal the building inspector’s refusal to issue a building permit for construction of a kitchen within a recently constructed addition to their house.

The addition – built to house the visiting adult children of the appellants – was originally presented to the ZBA as an application for a conversion to a two-family home. However, ZBA members found that the request failed to meet the intent of the bylaw; the board concluded that a conversion is a conversion of an existing dwelling, and an addition was not a true conversion, in their opinion.

In addition, under the bylaw to convert to a two-family, the accessory apartment must be no more than 1,200 square feet; the addition is 2,400 square feet.

The owners then applied for a building permit to install the kitchen aside from the original conversion request, which Building Commissioner Scott Shippey denied, leading to the appeal before the ZBA.

Representatives for the owners tried to reassure the board back in March that their intention was to allow family to occupy the space and would not rent the new unit.

After a number of continuances, the board on May 11 overturned Shippey’s denial and agreed to allow the kitchen after the owners acquiesced to placing a deed restriction to not allow the conversion into a two-family house.

The vote was unanimous.

The next meeting of the Marion Zoning Board of Appeals is scheduled for May 25 at 7:30 pm at the Marion Town House.

Marion Zoning Board of Appeals

By Jean Perry

The Rochester Board of Selectmen on May 11 unanimously approved the motion to accept an ADA (Americans with Disabilities Act) assessment and transition plan compiled by Facilities Manager Andrew Daniel, which could open the Town up for some valuable grant money from the State to fund a number of upgrades in various town buildings.

“It’s a living document,” said Daniel, “because things will change as we go…. Buildings will be added.”

The formal adoption of the ADA transition plan, Daniel said, is vital to the grant application process, showing proof that the town will move towards ADA compliance in the future.

“We can’t play ignorant anymore,” said Daniel. “We know what those issues are (that need upgrading).” He continued, “It is the responsibility of the Town to become compliant, not just when those grants become available.”

Daniel said the Massachusetts Office of Disability has allotted $1 million in grant funds, and Rochester could receive a maximum of $250,000. This grant opportunity, Daniel said, is why he chose to act now, “Although the Town is bound by law to become ADA compliant.”

Resident David Eckert asked how much the taxpayers would have to spend to bring the town into ADA compliance, and when selectmen couldn’t give him an exact sum, Eckert questioned how the selectmen could “endorse” to make handicap accessible upgrades without knowing the future costs.

“The State can impose a mandate on a town, even if it’s in bankruptcy,” said Selectman Naida Parker. “The State has the power to do that.” She said by making a good faith effort in meeting the requirements, mandated by law, the actions could be looked at by the State more favorably as opposed to having no plan in place for ADA access.

Daniel said the transition plan “puts the ball in your court” when it comes to which items the Town would like to tackle first.

“It’s a civil rights violation,” said Daniel.

Eckert was unsatisfied with Daniel’s response, saying he was seeking comment from the selectmen and seeking facts only.

“The fact is, it’s a civil rights violation,” Daniel again stated.

Planning Board Chairman Arnold Johnson in attendance that night weighed in. The federal government could step in, he said, as it has with other towns. Without the ADA transition plan, Johnson said, “It leads to the ability for a person with a handicap … [to] sue the Town for not being ADA compliant…. Our insurance will not pay it out for the Town.”

Johnson said at a recent Conservation Commission meeting, those present had a difficult time accommodating an applicant in a wheelchair.

“It was an absolute embarrassment what had to be gone through to get that man [inside],” said Johnson. “We need to be proactive in this. As a taxpayer, again, I’d be really mad at the three selectmen if we get involved in a lawsuit…. I think this is a proactive step in the right direction.”

Selectman Greenwood Hartley assured Eckert that there were no concrete commitments for specific upgrades in the document. Mostly, what was mandated right away is the public posting of the notice of non-discrimination and the grievance process.

“It acknowledges there are things we need to do,” said Hartley. “There’s nothing in there that commits us to doing anything.” It is a step towards compliance, Hartley stated. “I don’t see a down side to signing this tonight. It’s going to be better off for us than not doing it.”

Daniel said the Town would not be under a State mandated timeline with the adoption of the transition plan. But municipalities like the City of Taunton, among other towns, were sued, he said, and now they are on the Fed’s clock.

Daniel said the deadline for the grant application is June 30.

“We’re obligated by law to do these things, nevertheless,” Daniel said, adding that the ADA compliance upgrades were supposed to be done in 1992, by law. “We’re a little behind.”

Rochester is about 66 percent compliant, he stated.

“I want to be ahead of this,” said Daniel. “We do care.”

Also during the meeting, Town Administrator Suzanne Szyndlar said the Town is in the final stages of transitioning to the regionalized 911 dispatch system and would receive the final approval during the summer.

Hartley said he had the chance to tour the facility, which he found “very impressive.”

“Who wouldn’t want to be part of that?” he said, once he witnessed the efficiency when calls came in. “It was mere seconds before the ambulance was rolling. It’s definitely going to be an improvement.”

Police Chief Paul Magee said the additional staff in the regionalized 911 dispatch center, located in Duxbury, will definitely benefit the town.

“The residents will see,” said Magee.

In other matters, the selectmen entered into an agreement with the Town of Acushnet for animal control officer assistance.

Michael Gagliardi was also appointed to the Old Colony Regional Vocational Technical High School District Committee.

            The next meeting of the Rochester Board of Selectmen is scheduled for May 22 at 6:30 pm at Rochester Memorial School, just ahead of the Annual Town Meeting scheduled for 7:00 pm, also at RMS.

Rochester Board of Selectmen

By Jean Perry

The Marion Planning Board on May 15 dispensed with the first order of business with little controversy, selecting its new leadership roster after the recent town elections. The board welcomed newcomer Christopher Collings to the board, as well as newly-elected but experienced Planning Board member Norm Hills.

Newly re-elected Planning Board member Eileen Marum was selected as the new chairman, with Stephen Kokkins remaining as vice-chair.

Hills, described by board member Jennifer Francis as “the best clerk I have ever known,” was unanimously selected for that position.

After asking for clarification on the duties of the board’s representative on the Community Preservation Committee, board member Will Saltonstall was nominated to fill that position, which he accepted. Marum will continue as the SRPEDD representative.

The Marion Arts Center was on the agenda that evening to request a change in lot lines for two non-conforming lots adjacent to the Center.

The Center’s goal for moving the lot lines, as described by Marion Arts Center board member Michael Sudofsky, was to create the space to provide handicap access to the building and an additional handicap parking space.

The Center will also be creating a small outdoor entertainment space.

When asked by Hills if the Center planned to build anything on the newly created lot, Sudofsky affirmed that the Center would be keeping the space as it is now, saying, “It is a level grassy area. We would add a little bluestone.”

Collings asked if the neighbor was okay with the proposal. Sudofsky assured the board that they were, and that the Center and the neighbor have a good relationship since the Center allows some encroachment by the neighbor onto their land.

Marum had contacted Town Counsel Jon Witten regarding the request, since the approval would be creating two non-conforming lots, one of which is intended to be absorbed into the Center’s existing lot. While the intent of the request is reasonable, counsel suggested to the board that if they were to approve the request, that endorsement be contingent on a note being added to the plan stating that their endorsement is “…not an endorsement of zoning compliance … or resulting parcels’ status as to conformance with the Marion Zoning Bylaw … or rights to future alterations, expansions or changes to any structures located on resulting parcels.”

Sudofsky, acknowledging his ability to speak for the Center’s board of directors, agreed to this contingency. The board voted to endorse the plan with this note attached.

After Planning Board member Steve Gonsalves recused himself, the board held a pre-submission discussion for 111 Wareham Road known as the Eden Landscaping property.

The applicants, Tad Wallenhaupt and Alex Urquart, provided details and illustrations of their proposal, but noted that they are hiring engineer David Davignon to develop the formal plans for the board.

The applicants propose to combine four existing lots into two lots, one with frontage along Route 6 and the other with frontage on Marvel Street.

Wallenhaupt stated they will build two steel Morton-style buildings with dimensions of 60 feet by 100 feet, totaling 6,000 square feet each. The buildings would each have four garage bays, and the applicants would each use one bay, with the other six bays rented out.

Francis mentioned that she had visited the Morton Building site and had observed many different style buildings, adding, “I am hoping you will pick out a building that looks nice?”

Wallenhaupt, an abutter to the property, assured her that he wants to look at something attractive as well, and suggested the board look at the steel building behind Rose and Vicki’s Pizza to get an idea of the proposed style of building.

The Marvel Street access was of some concern for Hills, who asked how wide the street was and if there was any plan to improve the road. Wallenhaupt stated that he thought the road was about 20 feet wide and there was probably not any room for widening it. The surface of the road is currently dirt.

Kokkins suggested it would be good to see the traffic flow pattern on the engineered plan, to which Marum added later in the meeting her safety concerns for that section of Route 6. She referenced a SRPEDD study in which the Point Road intersection, which lies west of the proposed site, is ranked as one of the most hazardous intersections in the state based on number of traffic incidents.

Marum’s concerns were underscored by Saltonstall who asked that the applicant “be very aware of the issues of traffic” as they design their plan.

Wallenhaupt noted that the intent is for trucks to enter the site from Route 6, but exit onto Marvel Street, minimizing traffic concerns on the busy road. However, Saltonstall also mentioned that if there are two owners in the co-development, that there will need to be a legal construct to allow for the one-way traffic circulation the applicant is proposing, including easements between owners.

The applicants agreed they would be addressing the legal issues with an attorney.

The board suggested there would need to be a full Site Plan Review, which includes a public hearing and a third-party engineer to work on the board’s behalf. Hills didn’t think an environmental assessment was warranted, although Marum did raise the question of possible hazardous waste on the site, saying she saw what appeared to be old rusty vehicles on the site.

Wallenhaupt assured the board that to his knowledge the site was free of hazardous waste.

The applicants will return to the board as soon as possible with engineered plans for the ANR plan to combine the lots. Saltonstall and Kokkins will act as liaisons and points of contact for this project.

In other business, Francis reported that the Transportation and Circulation Task Force has met twice and is making great progress. Francis said they would like to combine forces with Mattapoisett and obtain a Corridor Study, paid for by SRPEDD, to study the traffic in both towns. This study, Francis said, “is the first step toward getting money to work on a state road.”

The next scheduled meeting of the Marion Planning Board is June 5 at a location to be announced.

Marion Planning Board

By Sarah French Storer