It was late into the evening when the Marion Conservation Commission began discussions on a letter they recently received from Marion Open Space Acquisition Commission Chairman John Rockwell.

Rockwell’s March 10 letter sent to abutters of the town-owned Grassi Bog property with a copy to the Conservation Commission seemed to rekindle long-simmering disagreements between MOSAC and the ConCom regarding issues at the site.

Rockwell’s letter states in part, “We met with the NRCS to nail down the funding timetable, so that we could put the project out to bid. We were informed that they would not fund the exit pipe they had designed for us, and that is now part of the Conservation Commission approved permit.”

            MOSAC met with the NRCS (Natural Resources Conservation Service) on March 10, Rockwell explained in the letter, and were informed that, “NRCS will draw up a new plan that maintains the exit pipe as originally permitted … but, adds an emergency spillway for further protection.”

Rockwell indicated that the revised engineering should be completed in one month after which MOSAC will seek final approval from the Conservation Commission to proceed with repairs. Securing that approval will then allow the group to send the project out for construction bidding.

But none of this sat well with Conservation Commission Chairman Norm Hills or abutter Scott Erdman, who has ongoing concerns about flooding in his yard, which he contends comes from Grassi Bog.

“I’ve been living with this for three or four years,” said Erdman. He believes that when the first bog restoration project was done using round rocks instead of trap rock, problems began. The rocks that were used, he said, because they were “better looking,” allowed a March 2014 storm to breach the retaining feature and flood the area.

Hills said that after receiving Rockwell’s letter, he spoke directly with the NRCS.

“These guys have changed their minds … it is not an option for them to change their minds,” said Hills about the NRCS. “It’s been a round-robin of trying to get this thing resolved…. The whole thing has been a debacle from day one.”

In a follow-up interview with Rockwell, when asked about the issues MOSAC has faced regarding the proposed repairs that are needed, he said, “There was a long review period between the Conservation Commission and the Town’s engineer.” He continued, “We got permission in December 2015.”

Rockwell said he then learned that the NRCS would not pay for replacing a new exit pipe. Rockwell further explained that the March 2014 incident was a result of a private bog owner upland from Grassi Bog releasing 33 acres of water into an 8-acre pond. That flow, he said, destroyed the water management system at Grassi Bog.

Regarding Erdman’s contention that Grassi Bog’s water problems are creating floods on his property, Rockwell said elevation work was performed on Erdman’s property, so, in order to produce that flooding, the bog’s dike would have to have been over-topped by 3 feet.

“We are not convinced the dike has been over-topped and causing his problems,” Rockwell concluded.

            Rockwell said a new NRCS conservationist, Amaya Halter, has been hired and is assisting the town’s agencies through the problems and process.

“Amaya has been very helpful,” said Rockwell, adding that he is confident that, with consensus between all parties concerned, a plan can be achieved moving forward.

In other matters, at the start of the evening, the commission heard a Notice of Intent application from David Wilding, 760 Mill Street, for the construction of a single-family home in a buffer zone. The application was approved and granted an Order of Conditions.

Water Street Realty Trust, 29 Water Street, received a Negative determination on its application for construction of a residential elevator, as did 444 Front Street Trust for an after-the-fact removal of trees from a buffer zone.

Jonathan and Liz Howland, 16 Howland Road, received a Negative determination for their application to construction a single-family home.

The Request for Determination of Applicability for Nicholas Mitcheson, 18 Wilson Road, was continued until April 13.

David Davignon of N. Douglas Schneider & Associates met with the commission to discuss how to proceed with a lapsed Order of Conditions for work taking place at 44 Holly Road, part of the Indian Cove Trust.

The order was issued in March 2009. He was advised to submit a new RDA and to update the flood zones. Hill said they would need time to consider how to proceed once the new filing is received.

The commission also met with David Pierce, chairman of the Water Resource Protection Committee, to discuss the development of new water protection bylaws for the town. The commission thanked Pierce for the document, which they will vet and return with comments.

The next meeting of the Marion Conservation Commission is scheduled for April 13 at 7:00 pm in the Marion Town House conference room.

By Marilou Newell

The Marion Zoning Board of Appeals ran into a few roadblocks during their March 24 meeting.

First up were Jorge and Tiffany Figueiredo of 12 Cross Neck Road. The couple sought a Special Permit to allow an accessory apartment, a one-bedroom suite above a proposed two-car garage.

“We have a note here from the Marion Planning Board, who is hesitant to approve the plans as they are worried an addition may cause too much stress on the septic system,” said ZBA Chairman Eric Pierce. “Is this a four-bedroom house or a three bedroom?”

“It used to be a four-bedroom house,” explained Jorge, “but the owner before us converted one bedroom into an office, and it’s never been changed.”

“Ah,” said board member Betsy Dunn. “The assessors haven’t been in since you bought it?”

“We invited them to see,” said Tiffany Figueiredo.

“It doesn’t matter,” interjected Marion Building Commissioner Scott Shippey, “because the septic system is designed for five bedrooms anyway. Adding another bedroom is a moot point.”

“We’re going to take this under advisement,” said Pierce. “At this point, the only thing holding me back is that we don’t have engineer plans to say what this is going to be.”

He requested that the Figueiredos get the plans to the board as soon as possible for review so that they could move on with the case.

The next case came from Dena Xifaras and her husband, Michael, of 34 Piney Point Road. They also sought a Special Permit to construct an accessory apartment as a separate dwelling on the property.

“So tell us what you want to do with this,” Pierce asked of Ms. Xifaras.

“I’m looking to buy my childhood home and move in, while not displacing my parents. I don’t want to ruin the fact that we get along wonderfully,” Ms. Xifaras said to the amusement of the board. “Our intent is to use it for family. It’s been surveyed, we have professional building plans, we want to take down minimal trees.”

She continued, “We’ve tried to do everything in accordance with the bylaws. We think it would be wonderful for my parents to be nearby, for them to be close to their grandkids, and for me to take care of my parents as they age.”

“You’ve really done your homework!” Dunn commented. “You didn’t leave me any questions.”

The board approved a motion to take the case under advisement.

The biggest snag of the night came as they discussed the case of Garrett Bradley of 8 Park Street. Bradley, who was not present, sought permission to build an attachment to the main house on the property as an accessory apartment. The board was reluctant to approve the request, as the addition plans fell too close to the property borders, and the side entry was not within regulations.

“By granting this, we’re adding a new non-conformance,” explained Dunn, “and I really feel that they should only be adding onto the house in the proper settings.”

“The intentions were good, but it was a bit convoluted … although we led them that way,” admitted Pierce.

The case was put on hold as there was still considerable time left. The board considered advising the property owners that a withdrawal without prejudice might be the best option so as to not take up time.

The last case of the night, which had like Bradley’s been previously taken under advisement, was a case from Peter and Elizabeth Turowski, 313 Wareham Road.

They had requested an addition off of the main building, as well as a change to the use for the second floor of the building from storage space to office space for their architecture firm.

Pierce eyed the addition plans skeptically.

“The neighboring structures would be so close; there’d be nearly no space,” said Pierce. “Imagine a fire truck trying to fit in there. I’d love to see companies grow, but it looks like this one’s full.”

“Well, bumping the porch out and putting a room where the current porch is is within the footprint,” pointed out board member Marc Leblanc, “but we can’t approve segments of a plan.”

“The expansion of the footprint is unfavorable,” agreed Pierce, “but the second floor use change is reasonable. If we deny the expansion and they come back and request only certain things like the porch, we can do that.”

The board denied the Turowskis’ expansion, but approved the second floor use change, on the requirements that the space is occupied only by the property owner’s business, and that it would revert to storage space on the sale of the property.

The next meeting of the Marion Zoning Board of Appeals will take place on April 14 at 7:30pm at the Marion Town House.

By Andrea Ray

The Old Rochester Regional school budget remained the subject of fiscal rhetoric on March 28 during a meeting of the Rochester Board of Selectmen, joined by the Finance Committee to discuss the town’s assessment and reluctant support for the school budget.

Rochester faces a 6.3% uptick – $203,000 more than FY16 – in its share of the ORR budget next fiscal year. Since the last selectmen’s meeting, Mattapoisett and Marion both approved their town budgets, which included their assessments for ORR. Now, Rochester must grapple with its challenge to fund its portion while trying to balance the town’s operating budget.

“Even if we don’t agree with [the ORR budget],” said Rochester Finance Committee Chairman Kristian Stoltenberg, “…it’s part of the regional agreement.”

Selectman Naida Parker expressed disappointment over her recent realization that the regional agreement would compel Rochester to foot its share of roughly $200,000 of an operational override to fund a five-year capital plan should the other two towns approve it.

Rochester would contribute $45,000 annually over the five years for the bond, which Stoltenberg said the town could handle with the imminent retiring of old debt as the town takes on the new debt.

Despite the additional financial burden, Stoltenberg urged selectmen to support the capital expenditure, which includes security upgrades to the entrance of ORR, as well as security cameras and a security system that would link the school with first responders in real time.

“It would behoove the town to at least be respectful of that desire to protect the kids in school,” said Stoltenberg, later adding, “I think we’d be on the wrong side of public opinion if we said we weren’t going to bond that.”

Selectmen Chairman Richard Nunes expressed little faith in the five-year capital plan ORR produced.

“I don’t have that comfort that there was due diligence … to build a true capital plan,” Nunes said. He asked, how do we know they won’t come back again with unanticipated capital expenses?

It was Parker’s turn to let off steam.

“It may be that this is a good plan, but I’m going to say that we are held hostage on the town level to the wants and needs of ORR,” she said, adding, “The schools suck every extra dime…. The town is the one that [is] left level-funding or decreasing budgets.”

But, “unfortunately,” said Town Administrator Michael McCue, Rochester is part of a Tri-Town school district.

“We are beholden to the majority in that agreement as to what is voted for a budget,” said McCue, “and we are looking at the $300 [thousand] … without any real option and it is frustrating….”

Selectmen and FinCom discussed strategy for future budget negotiations with ORR, starting with a stabilization funds for years when Rochester sees a spike in its ORR assessment.

Parker suggested giving ORR a number to work with and sticking with it, and FinCom member Tony Ruocco elaborated on that notion, suggesting the three towns offer a number, for example, $17 million plus contractual increases. Anything above that, ORR would have to “beg” for the money.

Maybe it’s time for Rochester to form its own junior high, Nunes suggested.

In other matters, selectmen approved the language for an updated public records request policy for citizens, codifying it for clarity of procedure.

McCue told selectmen that the Arbor Day Foundation has accepted Rochester as a Tree City U.S.A., after the town met the initial requirements such as the planting of trees and the observance of Arbor Day, which is this April 29.

McCue said residents should expect to see “Tree City U.S.A.” signs posted about town in the near future.

The next meeting of the Rochester Board of Selectmen is scheduled for April 4 at 6:30 pm at the Rochester Town Hall.

By Jean Perry