In the lead up to what will probably be a long road for the developers of CVS, the Marion Planning Board met with the point people for Mark Investments, LLC at their special September 2 meeting.

Calling the meeting a “pre-submission” conference, Chairman Stephen Kokkins broke the discussion into two parts: the relocation of the historic Captain Hadley House, and the CVS building and site plan.

Representing Mark Investments was Marc Deshaies of the Perry, Hicks, Deshaies and Mello Law Firm of New Bedford. Deshaies discussed the projects in broad strokes at Kokkins’ request.

The Captain Hadley house – currently an office building located at the northeast corner of Front Street and Route 6 – would need to be moved to the lot immediately to its north to make room for the proposed 13,000 square-foot CVS that developers wish to construct at the corner.    Deshaies said that traffic studies have been completed by MDM Transportation Consultants and that Bohler Engineering has begun some engineering work. Representatives from those firms were also on hand to add expert details to the discussion.

Deshaies also said that the entrances for the CVS would include two on the Route 6 side of the property and one on the Front Street side. There would also be a third entrance on Route 6 for the relocated Hadley house. He said that all FEMA regulations would be met by raising the building 17 feet, and during upcoming meetings with the Conservation Commission, wetland delineations and other environmental impact issues would be vetted to the satisfaction of the town. Deshaies also said that the CVS is planned to have a drive-up pharmacy window.

Dean Holt of Mark Investment said his company has a great deal of experience in communities such as Marion and has built 150 similar projects. Engineer Josh Swirling of Bohler Engineering outlined a vegetated border to “soften” the lines of the building and, due to the height requirements by FEMA, a stair and ramp system would be designed into the building.

The board members were not shy in expressing their concerns. Eileen Marum was concerned that the traffic study was not in-depth enough, noting that a CVS at that location would add to an already busy and hazardous location near Cumberland Farms.

Kokkins said that this project was two and a half times larger than any other project that has been proposed for the community in recent years and then read from prepared notes intended to drive home the point that Marion was a seaside residential community where buildings needed to “conform with the neighborhood characteristics.” He also said that Marion has published architectural guidelines that he said the applicant’s team needed to study.

Kokkins was also concerned that the traffic study did not take into consideration the number of towed vehicles – such as landscape and boat trailers moving along Front Street at that intersection – and he felt certain that large tractor trailers making deliveries to a CVS at that location would only add to the congestion.

“This doesn’t fit,” said board member Steve Gonsalves about the conceptual drawing of the CVS. “For me to feel a sense of pride, we’ve got to do something about this building.” He added that other CVS buildings, namely those on the Cape, are much more attractive than the one planned for Marion.

“The architectural look is not close yet to what we want in Marion …” said Kokkins.

Popitz shared his opinion, saying, “The town of Marion needs businesses to increase the tax base … appearance should fit into the town.” He continued, “I don’t know if we need a CVS, we have pharmacies close by … I’m very concerned about its proximity to the flood zone.”

The few residents who spoke did not hold back their negative feeling about the project. Lee Harrison of 390 Marion Road noted that Tabor Academy traffic alone was a consideration at the Front Street intersection, and that too many corporations were coming into town. He wondered why they do not consider building the CVS at the corner of Point Road and Route 6 where empty businesses now stand.

Anna Hays of 372 Conserve Road questioned, “Why are you building in a flood zone at all?”

“We’ll need time to study this complex proposal,” said Kokkins. He also told the applicant(s) that they could anticipate the town requesting independent peer review for a project of this scope.

Kokkins invited the development team to return to the next Planning Board meeting with more information and some responses to the questions and concerns that had been raised. Deshaies said they would do so.

In other business, board member Norman Hills brought the members up to date on the Master Plan project which has been ongoing for some months. He said that the committee would be meeting 30 minutes prior to regular Planning Board meetings to complete their work. Hills said that more funds were needed, that a part-time planner would be beneficial, that a public meeting is being planned and would be held at the Music Hall, and that a grant had been submitted for an additional $18,000 to help fund the effort.

The next meeting of the Marion Planning Board is September 15 at 7:00 pm in the Town Hall conference room.

By Marilou Newell

Rochester resident John Scheub came before the Rochester Zoning Board of Appeals during a brief meeting to request that he be granted permission to tear down his old shed and put up a bigger one in the same spot in his front yard.

Scheub, of 585 Old Neck Road, was seeking a variance under Section 8 C. 2 of the Rochester bylaws regarding accessory structures. The bylaw states that “no accessory structure other than a roadside stand shall be located in the front yard area.”

While no abutters appeared to contest Scheub’s request, the board was unable to grant him the variance because the plan that Scheub brought before them was outdated and did not have the proper dimensions regarding the new shed.

“The way the yard is shaped, the shed is near Old Neck Road, but it’s still the back yard,” Scheub said.

Because neither the plan nor Scheub had any specific measurements to show exactly how far the shed would be away from the road, the board could not make a decision either way.

“We don’t want to make this into a bigger thing than it is, but we need more than this to make a decision,” Chairman Richard Cutler stated.

“Get an engineer to take a look at the property, get the measurements, and stamp the plans, said board member Kirby Gilmore. “Then we can decide at the next meeting.”

The next Rochester Zoning Board of Appeals meeting is scheduled for September 25 at 7:00 pm at the Rochester Town Hall.

By Camden Gaspar

Unless there is any objection from town counsel, the Marion Conservation Commission August 27 decided to allow the owners of A&J Boatworks, located off Point Road, to resume storing boats on town-owned property until June 2015. The actual license to use the lot, which contains wetlands, for that purpose requires a final approval from the Board of Selectmen.

A representative for A&J Boatworks explained that, historically, the land has for years been used by the company to store boats in the winter. The Town ultimately purchased the land where boats are stored, which was originally part of a larger conveyance of land, and the management of the property was handed to the Conservation Commission.

A&J Boatworks continued using the property for the same use until ConCom recently received word from a resident that the boat storage on public land was going on, and the commission ordered the removal of the boats. A&J Boatworks complied and removed the boats.

Unable to find a viable alternative spot to store boats, the company requested a license to store boats at the usual spot over the winter until June 2015, giving it more time to find another location.

Commission Member Norman Hills suggested speaking with Town Counsel Jon Whitten before approval, just in case there was something in the law that would prevent them from allowing the use.

“I don’t see a problem with looking at a license for a year … because it’s not a huge impact area, per se,” said Chairman Lawrence Dorman. He later stated, “It sounds like there’s very little downside … for a one-time license till next year.”

The commission began drafting a letter recommending the license approval to the Board of Selectmen, subject to verification from Whitten.

Also during the meeting, the commission wrapped up an after-the-fact Request for Determination of Applicability for an unpermitted 12- by 8-foot platform deck that Richard Costa of 37 River Road built directly next to the Sippican River.

The public hearing was continued from July 23 because of what Hills now called an administrative error regarding a designated application number.

Dorman was absent from the July public hearing, so he reviewed the photographs of the site of the unpermitted work and asked Costa a few questions.

Commission member Joel Hartley pointed out a ladder facing the estuary side that protruded off the deck and asked about its intended use. Costa stated that he had a mooring in the river and used the ladder to access a pathway through the wetland vegetation leading to the mooring.

“There should be no modification or addition to this thing without coming before us,” said Hills to Costa, as a condition for approval.

Before issuing the negative determination, meaning no Notice of Intent Filing is required, the commission joked about having to bust a few other unpermitted projects within resource areas in town in order to redeem itself. One of the commission members sarcastically offered up the phrase “quid pro quo.”

During further discussion, Hills estimated that the high tide mark was “about six to eight feet” away from the deck. In a follow-up interview, Hills confirmed that no engineer or wetlands specialist visited the site for analysis or to establish the high tide mark.

After the July 23 meeting, when asked if the commission would have approved Costa’s deck if he had filed with the ConCom according to the law, he stated that it mostly likely would not have approved it.

In other matters, the commission gave a negative determination allowing a new bridge to cross a brook at White Eagle Parcel of Aucoot Woods for the Sippican Lands Trust. Eagle Scout Jack Gordon wishes to build a bridge for his project out of 100-percent donated wood and volunteer efforts.

Gordon addressed the commission himself, describing the bridge.

“It’s going to be wide enough so that you can get wheelchairs [across] but not ATVs and things like that,” said Gordon. The bridge will be built in sections off-site, and then installed at the site.

The commission also issued a negative determination granting approval for a new observation deck to replace the old dilapidated one at Peirson Woods.

“It’s a little wiggly at the top,” said Alan Harris of the SLT. “And getting up the ladder has become challenging for some folks.”

The new observation deck will occupy the same footprint as the last one, but will be built up to six feet instead of five feet.

The commission vaguely discussed some letters of correspondence they received from several different parties, and stated that one matter of a wall at Sprague’s Cove would be placed on the agenda for the next meeting. Hills said the ConCom received two letters regarding the matter: one from the Massachusetts Department of Environmental Protection and the other from the U.S. Army Corps of Engineers.

The next meeting of the Marion Conservation Commission will be September 3 at 7:00 pm at the Town House.

By Jean Perry