Shea Doonan will continue to have to wait for a vote from the Marion Board of Selectmen until he has sufficient experience as an oyster farmer before the board will allow Doonan to move forward with his application for a second oyster farm at Mitton’s Flats in Sippican Harbor.

During the original hearing date on January 3, 2017, Doonan faced significant opposition from residents living near the site. He also received opposition from Tabor Academy, which asserted that its rowing and sailing programs would suffer if Doonan was allotted the site he requested because Tabor representatives claim they regularly use that location.

At that time, the selectmen continued the public hearing until September 19 to wait and see if Doonan could demonstrate that he is a skilled, responsible aquaculture farmer. On that night, Doonan asserted that the nine to ten months he has worked the current oyster farm site adequately demonstrates that he is.

“In the time since I first have taken over that [oyster farm], I’ve doubled the amount of equipment on that site and more than tripled the amount of [oysters],” said Doonan. “That’s not just by chance. That was my goal going into it – to make this the best site.”

“I’ve found that I’m very good at doing this,” Doonan said. ”I’ve found nothing but success so far, and I think that moving forward is going to be a great opportunity for me and the Town.”

Doonan defended himself against past accusations that the site was a poor one for oyster farming, because he asked the harbormaster to choose a suitable location for him – Mitton’s Flats. He also said Tabor would still have “a football field in length and width” for its programs in the harbor.

“I thought that I would be able to get it,” Doonan said. “We went over a number of issues, and finally it came down to not having enough experience as far as being an oyster farmer, even though it’s been over two-and-a-half years I’ve been trying to do this.”

Doonan’s experience actually managing an oyster farm has not yet exceeded ten months, he stated.

“I’m very good at what I do, and the only thing that could stifle my growth is the inability to expand,” Doonan said.

However, the issue that arose amongst selectmen and the harbormaster was Doonan’s shortfall in experience as per the regulation which states, as Harbormaster Isaac Perry read, that petitions for an additional oyster farm could be approved if the harbormaster and selectmen consider an applicant’s past aquaculture experience as favorable “after subsequent years” of experience.

“It doesn’t say subsequent ‘months,’” said Perry. “For me, it’s a regulatory issue at this time.”

Perry told the board, “I think we’re getting ahead of ourselves…. I don’t disagree with what Mr. Doonan [has done],” he stated, “I just think it’s too soon.”

Ignoring the regulation’s reference to “subsequent years” when it came to a track record, Perry said, “I just think it’s a bad precedent to set, and I just can’t support this application moving forward at this time.”

Doonan was granted approval to take over Brodeur’s oyster farm back on December 20, 2016. His public hearing for the second site at Mitton’s Flats was January 3, 2017. And although Perry said he has no other problems with Doonan’s application, and observations of Doonan’s work over the past ten months have been quite positive, Perry said, “I would leave that decision up to the board … [but] I don’t want to make it a habit of overlooking certain sections of our regulations because it may be convenient.…”

Doonan argued that although the regulation said ‘years,’ it does not specify a minimum; to Doonan, ‘months’ would suffice and the ‘years’ appears arbitrary.

“It says one year in the rules, but it also says that it can be up to the discretion of decision makers,” said Doonan. “It does leave it up to discussion.”

“I am qualified to do this,” said Doonan, adding that he has since acquired his degree in aquaculture management.

There was one resident from Point Road there to oppose the oyster farm, recounting the residents’ reason and also saying no one from the neighborhood knew about the hearing that night so no one else was able to appear.

“This is the last piece of open water in Sippican Harbor,” said resident Jay Somerville. “I’d just hate to see that last stretch of open water taken up by a bunch of oyster cages that we’re all going to have to look at.”

Selectmen Chairman Jody Dickerson reminded Somerville that any aquaculture license is still likely years away, and this application was simply to allow Doonan to move forward with state and federal review.

Doonan again defended himself and then said, despite the other concerns listed by Somerville, that Somerville had simply stated the real reason for the opposition.

“The actual reason why they’re here – ‘We don’t want to have to look at it,’” said Doonan. “And that’s not, quite frankly, I don’t think that’s a good enough reason to not have an oyster farm there.”

Doonan said he figured the board had already made up its mind and, sensing he was right, agreed to request another continuance for the public hearing rather than face outright denial.

“I personally don’t have any problem with what you’re proposing to do,” said Selectman Norm Hills, “but I think it’s important for the harbormaster to be on your side so I think we should wait.”

“I would have to definitely agree with Mr. Hills on this,” said Dickerson.

“I’m the same,” said Selectman Steve Gonsalves. “I’m going to go with what the harbormaster said. I wouldn’t feel right going against him in this since he knows more about it than I do.”

Regardless, said Town Administrator Paul Dawson, historically the harbormaster has interpreted the regulation to mean what it states – “years” – and the Board of Selectmen historically has enforced it as “years.”

The public hearing was continued until December 19 at 7:05 pm.

“And that’s my birthday, so be careful,” Doonan joked.

In other business, Dawson announced that the Town of Marion has been approved to sign a Community Compact Agreement with the state that will bring in two grants right away for the Town – one for a $15,000 award to create a classification plan and job descriptions for all positions in town and another for $10,000 to fund an independent study of DPW operations. Lieutenant Governor Karen Polito will come to Marion to sign the compact with selectmen. A tentative date for that is Thursday, October 19.

The next meeting of the Marion Board of Selectmen is scheduled for October 3 at 7:00 pm at the Marion Town House.

Marion Board of Selectmen

By Jean Perry

The discussion surrounding an agricultural business on Marion Road proposed by Craig Canning of Rochester Farms, LLC went in virtual crop circles on September 12 as Rochester Planning Board members, abutters, proponents, and the developer orbited around topics such as hours of operation, site layout, and what is actually legal on the property as per the bylaws.

Bill Madden, engineer of the project, stood in front silently for over half an hour as Planning Board Chairman Arnold Johnson engaged oppositional abutters and their attorneys in tête-à-têtes, followed by myriad (and at times, trifling) rebuttals from residents who support Canning’s “farmer’s market” and agricultural operation.

Compared to past Planning Board meetings with scant attendees, the almost 100 people in attendance at the Senior Center seemed like a relative unruly mob (sans the actual unruliness). There were eruptions of applause after positive statements made in favor of the project, with one supporter after the other standing in support.

Attorney Donald Fleming, representing the abutter directly across from the project, Marion Cutler of 223 Marion Road, argued that the Planning Board does not even have jurisdiction over the project now that the Zoning Board of Appeals, which issued the Special Permit for the retail use within an agricultural/residential zone, closed its public hearing. He said the bylaw states that the ZBA could only issue a Special Permit after the Planning Board issues its own decision. Furthermore, he argued that the board could not move forward because the ZBA Special Permit does not allow for the particular use Canning is seeking, including a “restaurant,” as Fleming put it, alluding to the service of coffee and prepared foods, along with a “patio” with seating.

As for the ZBA issue, Johnson said it was not the first time the ZBA has issued a Special Permit before Planning Board approval, citing specific examples. “So it’s not unprecedented, and believe me,” Johnson said, “if we were operating outside the realm of our bylaws, our town counsel would be on the phone with me or in my face.”

ZBA approved hours of operation for seven days a week, 7:00 am to 8:00 pm. Cutler said these were excessive and, when asked, suggested perhaps 7:30 am to 6:00 pm. However, the board said it would hesitate to overrule what the ZBA approved – yet not impossible.

Cutler, who said she was, in theory, in favor of a farmer’s market, lamented how she has been portrayed as “the bad guy,” even on social media.

“I’m in favor of a farmer’s market, not a retail store,” said Cutler. “We don’t need that in Rochester. We have enough…. We don’t need a retail store here.”

It’s not a Wal-Mart, as one female resident grateful of the fact pointed out. It’s not a supermarket and it’s not low-income housing. “It’s the best use of the land.”

Johnson acknowledged Cutler’s appeal of the ZBA decision, and the hearing was continued until the next meeting.

A Site Plan review hearing for Canning’s other project, Progressive Grower, Inc., an agricultural distribution facility on Kings Highway and Cranberry Highway, was closed and a draft decision will be reviewed during the next meeting.

Much of the crowd remained for the public hearing for the Borrego Solar Systems, Inc. solar farm slated for Rounseville Road and Mendell Road.

An attorney for property owner Gibbs Bray addressed opponents to the solar farm, saying Bray has been mindful of being a “good neighbor,” and he has met all the requirements of the zoning bylaws for the project.

Still, oppositional abutters and residents squeezed in a few last words against the project. In response, Johnson said, “Just because we don’t like it, we can’t outright deny it.”

The board engaged in several back and forth discussions with residents over solar bylaw possibilities and improbabilities, the future of Rochester with solar, the future of solar energy itself…

Now past the two-and-a-half-hour mark in the meeting, the candy reserves of the Planning Board members to the right of the chairman dwindling, Johnson called on the last members of the public to comment or question and ended up defending the Town against one woman’s assertions that the Town was not acting on behalf of the citizens to protect open fields in Rochester, pointing out that the Town had already altered its solar bylaw based on a past application.

“I know that you guys want us to make it go away … but we are making changes and that’s because we are having this discussion, this back and forth,” said Johnson.

Nearing the three-hour mark, the conversation turned to 40B housing, both “hostile” and “friendly,” and the ramifications of that as opposed to large-scale solar farms. Talks then took another turn back to “neighborhood character” and then to the screening fence.

“It won’t be chain-link and it won’t be white. And there’s no barbed wire on it,” said Johnson, adding that the screening and fence would be taken up at the next meeting before continuing the public hearing until then.

Also during the meeting, the board continued the Site Plan Review public hearing for Wellspring Farms at 42 Hiller Road, preferring to keep the public hearing open until the next meeting until the peer review engineer can submit an updated report.

Attorney for Jim and Holly Vogel, George Boerger, asked the board to close the hearing and take a vote with the condition that any pending items are met, but Johnson turned it down.

“Well, we never vote the same night that we close the public hearing,” Johnson said. Usually, he explained, the board closes the hearing, meanwhile a draft decision is drawn up for the next meeting for discussion, and then the vote is held the next subsequent meeting.

Abutter Kathy Mendoza of 32 Hiller Road said she has observed vans backing out into roadway, with video proof, and asked if the board should make the entrance one way. After further comments by Boerger, the board conceded that the drive was adequate as stated on the plan, and if they are found in violation of the egress and ingress of the site, then they would be held responsible.

Having said that, “We’re not going to solve the neighborhood relations,” said Johnson. “We’re not that good.”

In other matters, the board voted to waive the first right of refusal for Chapter 61A property at Alley Road, owned by the estate of Mary Gayoski.

The board also accepted an Approval Not Required request for the same Gayoski property. The land will be subdivided into three buildable lots.

A revised waiver request for Hartley Mills to allow for overhead utility wires instead of underground was approved.

The next meeting of the Rochester Planning Board is scheduled for September 26 at 7:00 pm at the Rochester Senior Center on Dexter Lane.

By Jean Perry