They wanted more time to consider the conservation restriction proposed by Rid Bullerjahn, heir to 105 Allen’s Point Road, but ultimately members of the Marion Board of Selectmen did not change their minds about rejecting the request on December 16.

The board struggled with a decision back on December 8 and continued the matter until they could refer to the Marion Open Space Acquisition Commission for a recommendation and gather tax revenue information about the property from the assessor’s office. Neither, however, was able to sway selectmen toward a positive vote.

“I believe open spaces should be open to the public,” said Selectman Jody Dickerson, a sentiment that carried over from the last meeting. “If we had public access, I’d be the first to sign on to it.”

Selectman Stephen Cushing could not get past his perceived unfairness of the deal.

“I think the benefit to the applicant is greater than that of the public,” stated Cushing. “I just can’t, in good conscience, approve this the way it is. The scales are just tipped too far in the direction of the applicant.”

Board of Selectmen Chairman Jonathan Henry wanted to explore other options that would balance the benefit to both the town and to Bullerjahn, as well as neighbor Doug Watson, who was cooperating with Bullerjahn to further the size of the land under the conservation restriction. Henry also hoped for a way to mitigate tax revenue loss from the pending conservation restriction.

Bullerjahn addressed the board, saying he had no problem with including public access in the agreement, and asked if including the language would influence their opinion.

“It would strengthen the case,” said Henry.

“It isn’t that we’re seeing more benefit from the town,” said Bullerjahn. “I was a little taken aback,” Bullerjahn said of the board’s perception of his benefit from the arrangement.

Henry said the board has endured harsh criticism in the past for conservation restrictions that promised public access but failed to honor the agreement.

“I don’t want to close the door to this,” said Henry, “but I’d love to see strengthening the public access.” He said he liked the idea, but it was not compelling enough for him to approve.

“I’m sorry you feel that way,” said Bullerjahn.

Accompanying Bullerjahn was Mark Robinson, who said Bullerjahn’s alternative of a deed restriction to preserve the land to honor his late parents’ wishes would expire in 30 years, leaving the property open again for development.

At that, the selectmen voted unanimously to deny the conservation restriction.

The next scheduled meeting of the Marion Board of Selectmen is December 30 at 7:00 pm at the Marion Town House.

By Jean Perry

With the full Rochester Conservation Commission in attendance, the Fiscal Year 2016 budget for this department was briefly reviewed and approved. Set at $106,933 with $102,673 allocated for salaries, the commission will have a mere $4,260 with which to conduct business in the coming year.

“So little flexibility,” stated ConCom Chairman Rosemary Smith.

In other business, a Request for Determination of Applicability filed by Covanta of SEMASS received a negative determination for the installation of 1,250 linear feet of two-inch polywater filter lines. This work has been necessitated by the discovery of high levels of manganese in potable water servicing the partnership building at the site.

Michael and Lois Mentzer of 6 Thistle Lane, represented by Jennifer Silva of Outback Engineering, received approval and an Order of Conditions for the construction of a 24-foot by 24-foot addition with a 12-foot by 14-foot deck within the 100-foot buffer zone.

The Town of Rochester, represented by Walter Hartley of Libby Consulting, and in partnership with landowners Ken and Susan McCarty of 570 New Bedford Road, has been completing wetland delineations on the 31-acre parcel.

McCarty will place the majority of the acreage into permanent conservation with a small portion set aside for a new residence, which they will build in the future as a retirement home. The Town has been using grant money to pay for engineering fees.

If the McCartys fail to follow-through on their plans to place the lands in a protected status, engineering costs will be reimbursed to the Town.

Conservation Agent Laurell Farinon told the commission that the partnership with Old Colony Regional Vocational Technical High School for the development of digital trail maps and printed guides titled “Explore Rochester” is nearing completion.

Smith said that she will be out of the region for the next three months and asked if others on the commission could step into the role of chairman while she is away. As they have done in previous years, John Teal will assume the role of chairman with Kevin Cassidy as backup when Teal is not available.

The next meeting of the Rochester Conservation Commission is January 6 at 7:00 pm in the Town Hall meeting room.

By Marilou Newell

With or without the support of the town, Mark Investments LLC will move forward with its plan to build a CVS in Marion. The question is: Will the town forego working with the developer while it still acquiesces to the town’s aesthetic fancy, or will Team CVS revert to its original plan and rely on the bylaws to bring it home?

Team CVS concluded on the night of December 15 that no matter what they do, short of giving up, residents and some board members will not be happy with any of Mark Investment LLC’s viable plans to build a CVS at the corner of Route 6 and Front Street.

Attorney Marc Deshaies introduced some changes to the plan that he said address the major issues of all concerned – particularly, the preservation of “The Gateway to Marion,” as opponents of CVS have recently dubbed the corner.

The footprint of the building was reduced to 10,000 square feet, down from 12,900 square feet. The new plan was visually different, with the Captain Hadley House no longer tucked far back in the northeasterly corner of the lot, but instead remaining where it is today, surrounded by a new green area of grass and plantings.

“In terms of the gateway,” said Engineer Josh Swirling, “this area right here was sort of neglected,” pointing to the proposed landscaping that would enhance the Hadley House corner “and really make that corner pop as a gateway.”

The reduction in the size of the retail space means fewer parking spaces are required for customers, and several additional parking spaces were added to the Hadley House lot.

Deshaies said the developer listened during the October 6 meeting when hundreds attended and voiced their opposition, and this latest conceptual design most effectively addressed their concerns.

“But,” stated Deshaies, “in no way is this to be construed as a withdrawal of our prior pre-submission application.”

Dean Holt of Mark Investments emphasized that, although from a business standpoint it would be more resourceful to demolish the Capt. Hadley House, he was sensitive to the town’s concerns, and respectful of the building’s historical significance. He called the latest plan a likely “homerun for the town.”

“…And, at best, a base hit for us,” said Holt.

Holt gave an ominous introduction of Team CVS’s three options for working with the town.

First, Team CVS could proceed with the original footprint and move the Hadley House, while enduring the town’s opposition. Second, it could demolish the Captain Hadley House in order to more easily comply with zoning bylaws – an option Holt called “a loser for everybody.” The third option is to proceed with the plan presented that night, a move he called “a win-win.”

But going away and never coming back, said Holt, was not an option.

The developer never moves into a town with everyone universally accepting of it, said Holt, “And we didn’t expect that in Marion, either.” He said the latest changes reflect the developer’s desire to work with the town, without rendering the project financially unreasonable.

Holt recalled a voice at the October 6 meeting that warned the town about the devil you don’t know, versus the devil you do know.

“We’re the devil you know,” said Holt, emphasizing that without the Team CVS proposal, the next interested developer could simply come in and knock down the Hadley House. This project, he said, at least provides certainty that the Hadley House will stay put.

“We’re trying to do our best to give you what … you want,” said Holt. But we will not walk away, he said. If neither the first nor the second plan is suitable to the town, he added, then Team CVS might as well go with the one they already have engineered – the bigger building and the Hadley House relocation.

“Personally,” said Planning Board Chairman Stephen Kokkins, “I don’t have an automatic dismissal of any corporate entity such as CVS.” And he gets Holt’s alluding to the “rockier road” the town will travel with the project if no consensus is reached. But the project does not reflect the character of an “1800s sea-faring town,” as Kokkins put it, and the new plan, with its size and excessive traffic, is still “way out of range.”

Planning Board member Eileen Marum said the CVS would be better located at the corner of Route 6 and Point Road. She waded deep into the minutia of the bylaws as well as the FEMA flood plain regulations and went further, painting a vivid picture of absolute destruction should the pharmacy be built in the VE Zone.

“The flood waters could possibly transport CVS debris, shelving, goods and merchandise, far and wide,” said Marum. “The resulting flotsam and jetsam and flying debris … could endanger nearby properties and jeopardize the health and safety of residents.”

Marum’s lengthy discourse was interrupted to allow others to speak.

Planning Board member Steve Gonsalves offered the evening’s first voice of support for Team CVS.

“I think this is a much better project,” said Gonsalves. His only issue was the Front Street access point, which he considered dangerous. “Apart from that, I think we’ve got something here we can work with.”

Planning Board member Norman Hills said this plan was better, “but…” Hills, also the chairman of the Conservation Commission, said constructing anything other than seawalls or piers within the flood plain is prohibited.

Board member Robert Lane again raised the issue of requiring a lease clause that would help prevent abandonment and more potential vacancies of businesses in town. Holt said this was the first time he had ever heard of a planning board attempting to partake in the leasing of a building.

Well, you encounter something new every day, Lane shot back, calling Holt’s response “disingenuous.”

Planning Board member Michael Popitz said both sides made valid points, but his interactions with the public have yielded more opposition than support.

Judith Rosbe of the Sippican Historical Society said the plan only serves to “preserve the Captain Hadley House as a useless building.” She said it was once an antique store, a residence, and could possibly be used as a senior center in the future.

“But right now, with no parking there, it’s a useless building,” said Rosbe. She called Team CVS’s plan “a meaningless preservation.”

Resident Bill Saltonstall handed the board his petition with 1,163 signatures and those in attendance applauded.

“Use every tool … to withhold the special permit to the store,” he told the Planning Board. He said they have the right to do so, “and this is the time to use it.”

Resident Charlie Larkin said he did not appreciate Team CVS’s “sabre rattling” saying Team CVS threatened, “If you don’t approve it, then we’ll go for the bigger store.”

“As polite as CVS has been,” said Larkin, “[the changes] are still unacceptable.” He said usually he is on the side of business, “but not in this case.” Larkin wants to preserve the charm of Marion where his family recently purchased a home, saying the town does not need anymore toothpaste.

“There’s really zero benefit,” said Larkin. And Rite-Aid will suffer, as will Jack Cheney, owner of the Marion General Store.

“Who in their right mind wants to hurt Jack Cheney?” said Larkin, provoking more clapping.

Resident Lee Vulgaris, speaking from the minority that night, argued that the so-called Gateway to Marion has not been nice for many years, and there is nothing presently attractive about the corner – but opponents with the “herd mentality” fail to see it.

“Before you get to Tabor, there really isn’t much ‘quaintness,’” said Vulgaris. He said Marion has not supported any small businesses over the years, with restaurants and stores coming and failing, leading to vacant buildings.

“It’s gonna be what it’s gonna be,” said Vulgaris, recognizing Team CVS’s willingness towards a thoughtful building façade. “Because, today, things aren’t going to be built like they were in 1850.”

Resident Jonathan Maclean said he resented Team CVS’s “gun to our collective heads” when laying out the three options, suggesting a boycott of CVS.

Kokkins said progress with the important issues expressed by the board was not significant enough.

“There doesn’t seem to be very much value in continuing these discussions,” said Kokkins. “Although some efforts were made … they’re not significant enough, in my mind, to warrant approval for the project.”

Hills said the board does not have to close the door, and Holt maintained that this latest plan addresses the majority of everyone’s concerns.

In a follow-up interview, Holt stated that the project will advance to an official filing with the Planning Board, but was reluctant to specify with which option. When asked when he expects to file for the special permit, he simply replied, “Soon.”

The next meeting of the Marion Planning Board is scheduled for January 5 at 7:00 pm at the Marion Town House.

By Jean Perry