In the multi-layered regulations written and managed by the Federal Emergency Management Agency (FEMA), there are ways to change a property’s classification regarding whether or not it is considered part of a flood zone. Those processes are known as “Letter of Map Amendment” (LOMA), or “Letter of Map Revision – Based on Fill” (LOMR-F). A simple definition is that a location that FEMA has classified as being part of a flood zone may be reclassified if the elevation is changed by adding fill to bring the elevation higher.

That is what engineer Rich Charon of Charon Associates proposed on behalf of his client, Dale Allison of 359 Delano Road, during the September 9 meeting of the Marion Conservation Commission.

Charon detailed the FEMA process to the commissioners, noting that the application for such reclassification was pending and that it would be helpful to his client if the commission approved Allison’s application for a Request for Determination of Applicability when he filed the letter with FEMA.

The commissioners, having never before been faced with this type of complex request, were both intrigued and flummoxed.

Charon explained that Allison was intending to demolish an existing structure on the property and build a new home situated in a slightly different location, but only after 75 yards of fill were placed, thereby gaining a new elevation – one they hoped FEMA would favorably view as being out of the flood zone.

It would be a multi-step process. Charon said the applicant would first ask FEMA for a conditional LOMA and then seek a final LOMR-F classification to put the new home’s location out of the more costly flood zone.

Having never before dealt with an application of this sort, the commission toiled long minutes trying to get the language correct for their ruling. In the end, ConCom member Steve Gonsalves wrote a Positive 3 determination of the RDA subject to the application receiving a FEMA LOMA/LOMR-F response and approval of a Special Permit by the Marion Zoning Board of Appeals.

Also rendered during the meeting was a request by Steve Goodman, 8 Olde Meadow Road, for the removal of encroaching vegetation; a Negative 3 determination for the application of Chuong Pham, 22 Bass Point Road, for the addition of sonotubes; special conditions for a Notice of Intent were issued for the application by Moorings QPRT, 99-100 Mooring Road, for water main and utilities upgrades; Clean Energy Collective’s Notice of Intent received an Order of Conditions; and last, but not least, the commission’s own Norman Hills’ Notice of Intent received an Order of Conditions for the removal of a large pine tree in a jurisdictional area, the construction of a 24-foot by 24-foot garage, and the construction of a 160-foot by 17-foot patio within the 100-foot buffer of a bordering vegetated wetland at 680 Front Street.

The next meeting of the Marion Conservation Commission is scheduled for September 23 at 7:00 pm in the Town House conference room.

By Marilou Newell

Are expensive engineered plans required or would older engineered plans showing a septic layout and residential foundation be sufficient? That was the question the Rochester Zoning Board of Appeals tackled during its September 10 meeting.

Bryan and Robbi Reynolds of 269 High Street presented their application for a Special Permit to build an over-sized garage on their property. Building Inspector James Buckles denied them the building permit and sent them instead to the Zoning Board of Appeals to apply for a Special Permit. The Reynoldses proposed a garage in excess of 1,000 square feet.

When they came before the ZBA, though, the members were unsure if the old plans from G.A.F. Engineering that showed only the septic and building foundation placement were sufficient.

Board member Kirby Gilmore started the nearly 45-minute debate with, “The plan you have submitted is not sufficient for what we need.” Thus began a convoluted conversation on whether or not the application the Reynoldses submitted was the latest version of the form or an obsolete document, whether the board could act on the application as presented, if the hearing should be continued so the applicants could get a new engineered plan drawn showing the placement of the garage, and if there were procedural conflicts.

For his part, Bryan Reynolds said he was unaware and had not been informed that he needed to spend nearly $5,000 to get a plan of record drawn up and had been told, so he thought, that the plot plan submitted would be sufficient. This prompted Buckles, who was in attendance to say, “I’m sure I mentioned it.”

But not wanting to create a financial hardship for the applicant, the board members weighed the pros and cons of how and if they could and should proceed on the application then and there.

“It is very important that they follow procedures we’ve done with other applicants,” said Vice-Chairman David Arancio. Gilmore suggested the applicant request a continuance and return before the board, but time was of the essence – Reynolds wishes to get the structure completed before winter sets in.

Upon further discussion, and with Gilmore saying that the board’s only concern would be the size of the building, not the location on the lot, the board forged ahead in an attempt to reach common ground.

Finally, it was decided that the Reynoldses could have a Special Permit for the over-sized garage with conditions that no living space be included, no commercial activities would take place on the property, and that he return with as-built plans for the building inspector.

Earlier in the meeting, the board approved a variance for Nathan Mendes, 478 High Street, for the construction of a residential 20-foot by 24-foot expansion with only a 33-foot setback.

No date for the next meeting of the Rochester Zoning Board of Appeals was set.

By Marilou Newell

The Town of Marion is hoping to secure a $200,000 grant from the Buzzards Bay National Estuary Program, and on September 15 during a special afternoon meeting, they signed the pre-proposal submittal with Buzzards Bay Coalition representative Rachel Jakuba present to assist in the application process.

The BBC contacted the Town of Marion and alerted them to the grant opportunity in light of the difficulties the town faces securing its National Pollutant Discharge Elimination Systems (NPDES) permit from the Massachusetts Department of Environmental Protection. The town faces possibly tens of millions of dollars in costs should it be forced to eliminate the usage of its three wastewater treatment lagoons and upgrade the wastewater treatment facility.

“We need to act expeditiously,” said Town Administrator Paul Dawson to selectmen. The pre-proposal was due that afternoon by 4:00 pm and, as far as Dawson was concerned, this grant was an opportunity to essentially receive funding for an endeavor the town would otherwise already have to undertake.

The town’s proposed project for the grant, titled “Aucoot Cove Partnership to Reduce Nitrogen from Septic Systems,” would expand municipal sewer services to approximately 151 homes in the Indian Cove neighborhood in Marion and the Harbor Beach neighborhood of Mattapoisett, which could potentially reduce nitrogen levels in Aucoot Cove and its sub-embayment, Hiller Cove, by 4,700 pounds of nitrogen per year.

This grant would fund the initial feasibility study of the sewer service expansion.

The town is partnering with the Town of Mattapoisett and the BBC, which will contribute $10,000 towards the feasibility study, and those residences in Harbor Beach could eventually be able to tie in to Marion’s expanded municipal sewer services.

Nitrogen pollution from cesspools and septic systems in these two neighborhoods discharges roughly 5,307 pounds of nitrogen per year, and is one of the significant reasons why Aucoot Cove is listed as a Category 5 water on the Final Massachusetts Year 2012 Integrated List of Waters (the “303d” list) as Nutrient Impaired. Expanding the sewer system would reduce the neighborhoods’ output of nitrogen by 90 percent.

As part of acceptance of the grant, the Town of Marion would have to contribute $50,000 to the project, with the project funding totaling $260,000 from the three sources. An article requesting the $50,000 funding will appear on the Fall Special Town Meeting warrant.

Dawson said the Town’s attempt to secure the grant to reduce nitrogen levels in Aucoot Cove might reflect positively on the DEP as it considers the fate of Marion’s NPDES permit.

“It could be helpful to us and our discussions with us and the DEP and the NPDES permit,” said Dawson. “It would look favorably on the town … but there’s no guarantees of that.”

Nonetheless, the town would indeed benefit in at least one way, said Dawson.

“This is an important step in regional cooperation,” said Dawson. “…Everything that could possibly be done to take nitrogen sources out … should be done.”

“We would be the lead town in this action … and [Mattapoisett] would tie in to us and pay the fees,” said Selectman Jonathan Henry. “I consider the offer to broker this deal … a very important step in that direction…. This is a very good example of inter-municipal cooperation.”

The next meeting of the Marion Board of Selectmen is scheduled for September

22 at 7:00 pm at the Marion Town House.

By Jean Perry