Beacon Street’s shady canopy will not be further compromised, as the Mattapoisett Planning Board denied a request for a permit to have one of its ash trees cut down. The petition included notes from landscaper Charles Dupont that the tree was diseased and a danger not only to the applicants navigating in and out of their driveway but also to the public. Dupont also stated to the Board that the tree roots were causing drainage issues.

But the green ash tree had its protectors in the form of Tree Warden Roland Cote, Highway Supervisor Barry Denham, and the Tree Committee, whose spokesperson, Sandra Hering, reported in detail to the Board.

“When you go up Beacon Street towards Ned’s Point, the canopy of trees has a lot of bare spots. In spite of that, [the canopy] is one of the characteristics that we want to keep,” Hering said. “This ash tree is part of that canopy. I respect that it is difficult to get in the driveway. I wish there was another solution … electrical wires make it difficult to replant a tree, so a replacement tree would be difficult. In terms of replacement costs, $3,000.

“Trees provide value to our property and our town; their roots protect against soil erosions. Trees and their roots filter water draining into the harbor; they improve air quality and reduce air temperatures. The Tree Committee really wants to stop the removal of trees in our town.”

The Planning Board had requested the input of the Tree Warden, citing their lack of knowledge in this area.

“I pruned the tree back two years ago, and the owners were pleased with the work at that time,” Cote said. He noted that he didn’t find anything wrong with the tree.

“It’s large, big and nothing is wrong with it. It is producing leaves; it isn’t rotting. If it were bad, I’d take it down.”

Dupont interjected.

“One of the concerns my clients have is the sidewalk: the asphalt is completely surrounding the tree,” he said. “My clients are not apposed to replanting trees, but all of the activity of the house takes place at that spot.”

Denham explained, “We will be, in the next year, doing road and sidewalk planning, re-establishing sidewalks and addressing drainage issues. I only have $1,000 in my budget for site work, so I have to wait until there is a bigger road project.”

He noted this as the reason why he couldn’t do the site work at that specific location now to ascertain where the residents’ boundary lines fall.

The applicant inquired, “What if this tree is diseased and it comes down [due to storms] on our home or car? Who is responsible?”

Chairman Thomas Tucker replied, “It might be viewed as an act of god.”

Board member Ronald Merlo made a motion to deny the request based on Cote’s evaluation. The permit request was denied.

Next up was a request by the Durbins, 21 Bay Road, Lot #49, for reconstruction of an accessory building. Original plans that abutters had appealed were modified, and new plans show the structure on the original footprint but meeting the newly established flood zone building requirements. Those requirements stipulate that new buildings be placed on concrete columns elevated 8.4 feet. This building would be used as an artist’s studio by the occupants. The Board approved the plans as submitted. Durbin is now clear to return to the Zoning Board of Appeals.

Continued until June 17 was the Discussion of “Proposed Drainage Improvements” as prepared for Michael Solimando of Appaloosa Lane.

Lastly, resident Bonnie DeSouza of 12 Marion Road came before the Board to discuss the poor turnout at the SRPEDD hearing. The SRPEDD hearing had been held to share with the town boards and the public SRPEDD’s findings of the town’s plans for future development within the rail corridor, as well as other spaces in town including rezoning options and possibilities.

She asked if the Board could and would consider using various forms of public announcements versus just the legal requirement to alert the public of meetings they will be holding on the topic of rezoning and master planning. DeSouza noted that not everyone is going to read the legal notices. Several suggestions were offered, such as descriptive information on what the public notice is all about so that people would more readily understand the work of the Board, using the sign at the Route 6 intersection at North Street informing the public of hearings and meetings, and sending press releases to the newspapers in conjunction with the legal notices.     DeSouza said, “I absolutely urge the Board to advertise.” She believes that by doing so, they would receive the public participation they have been requesting.

The Board discussed that the SRPEDD hearing was not a binding plan but was necessary to be completed and submitted to the Governor. They conceded that more could be done to arouse public interest in the work that lies before them, a massive new master plan and rezoning effort. The Planning Board members are seeking public input to help them craft plans, section by section, from business sectors, to residential development, to wetlands and open space, in an effort to ensure that the needs of the town from economic development to recreation are met in the coming years.

The next Planning Board meeting is scheduled for June 17.

By Marilou Newell

An appeal for a water and sewer abatement was made by Josepha Staton, the sister of Jacklyn Roderiques of 221-A Wareham Road, at the Marion Board of Selectmen meeting on Tuesday evening.

Staton addressed the Board, saying that her sister is legally blind and that she and her family help Roderiques, who is seeking an abatement of a water and sewer bill amounting to $10,836.61.

The largest amount of the bill occurred from February 18 until April 9. Roderiques said that nothing unusual has occurred, water-wise, during that time.

The Board, after hearing from Town Administrator Paul Dawson and from the applicant’s representative, voted and agreed to eliminate the sewer portion of the bill, which was $5,912.70. At issue was that the meter, which was tested and found accurate, showed an excessive water flow from February 18 until April 9, at which time it subsided. Roderiques said that she suspected a defective meter.

“We used to check our water consumption and report back on a card, and now we are subject to a roving vehicle which shows our consumption,” Staton said. “This problem came about because we no longer look at our meter on a six-month basis.”

The Selectmen agreed to review the water dye test and other information before making any decision on the water bill received by Roderiques. The Department of Public Works head, Rob Zora, will be invited to attend the next meeting and help explain the issues involved in the abatement request at the meeting to be held on June 18 at 7:00 pm.

In other business, the Selectmen said that Sherman Briggs sent a letter of resignation from the Conservation Commission. The Board accepted the resignation and thanked Briggs for his many years of service to the town.

“Sherm has spent many years in service to the town and we thank him for it,” Steve Cushing said.

“In addition to his time on the Planning Board and the Conservation Commission, he also served on the Bird Island Restoration project,” John Henry said.

Next, the Selectmen discussed a draft policy of a drug and alcohol policy for town employees and agreed to discuss it at the June 18 meeting.

The next discussion involved land, adjacent to the Baywatch 40B Project, which was offered to the town. The Board agreed to put it on the warrant for the October 28 Town Meeting for approval. If approved, the town would turn the land over to the Sippican Lands Trust for a conservation restriction.

The Baywatch 40B Project is “getting close to the permitting process,” according to Henry. Cushing asked about abutters asking to be tied into the water/sewer connection.

“This isn’t a barter situation,” said Town Counsel Jon Whitten. “This is an issue left to the Water and Sewer Commissioners.”

Under Correspondence, Selectman Jody Dickerson said that he wanted to send a letter thanking Tabor Academy for their effort in the community clean-up day.

“Tabor had volunteers who collected trash from Route 105, Point Road, and also had students help repaint the buildings at Silvershell Beach and at the Elizabeth Taber Library,” Dickerson said.

The Selectmen agreed that the letter should be sent.

Dawson spoke and said that repairs to the Marion Natural History Museum will start June 6 and will take three to four weeks to complete.

“We want to thank the Marion Department of Public Works for their enormous effort in moving and storing the contents of the museum and working those items that could not be moved,” Dawson said. “We need to thank Rob and his crew for the major effort in the project.”

The Selectmen discussed the July meeting schedule and determined that the BOS would meet on July 9 instead of the July 2 due to the holiday week. Also, the July 9 meeting, as well as the two August meetings, will be held at the Marion Police Station because they have air conditioning.

Another agenda item included discussion regarding a second water meter, which would meter outdoor watering that does not enter the sewer connection. Dawson said that he had several requests from Marion residents to look into this possibility. The Selectmen discussed it briefly and agreed that they should hear from the Department of Public Works regarding the meter costs and rates that would be suggested for a second meter installed at a residence. Henry suggested that the DPW attending the next meeting would have approximations of what the meter rates might be for a second meter.

Lastly, the Board discussed the resignation letter from Lori Schaefer from the Music Hall Advisory Committee and the Historical Commission. Schaefer was a former Selectman for the town and served on many boards and committees.

“I wish her the very best. She was a pleasure to work with,” said Dickerson, who served with Schaefer as a Selectman in the 1980s.

“She has served our town as a civil servant and has been a tremendous asset to our town,” Cushing said.

“She was the spearhead of the renovation of the Music Hall and we will be forever in her debt,” Henry said. “This letter from her is worth so much more than just this piece of paper, for sure.”

By Joan Hartnett-Barry

The Conservation Commission approved a Notice of Intent regarding the construction of an enclosed recycling facility by Shawmut Associates LLC for property at 50 Cranberry Hwy. in Rochester, ending the ongoing public hearing for the site changes.

Several changes were approved, including storm water control upgrades, a new driveway from Cranberry Hwy., the installation of a new Title 5-compliant septic system, and the installation of a rooftop solar array, among others.

On hand Tuesday were representatives of Green Seal Environmental, who is responsible for all the private planning and construction at the site.

“They’re a very environmentally friendly company,” said Laurene Gerrior of the Commission.

Conservation Agent Laurell Farinon has been working with Green Seal for the duration of the planning phase to make sure that everything on the site is up to standard.

“It sounds like you’ve already worked a lot of things out,” said Rosemary Smith, Chairman of the Commission.

Farinon suggested that the Commission approve the changes proposed by Green Seal, which they eventually did.

“It’s a complicated project, but at this point it would be my recommendation to close the public hearing and to issue a positive Order of Conditions,” she said. “All work shall be completed in according to submitted site plans.”

The representatives of Green Seal applauded the work of Farinon and the Commission for everything they’ve done on the project, which was very complicated due to size and wetland restrictions on the property.

“We just want to commend Laurell and everyone for all the work they’ve done on this project,” said Peter Flood, the project manager for Green Seal.

The Conservation Commission “is a great group here. We promise to do everything in our power to make the town proud,” said Mike Camara from ABC Disposal, which is a subsidiary of Shawmut Associates.

In other news, the heat of summer is quickly approaching, and people are putting in pools in Rochester.

The Commission approved a Request for Determination of Applicability for Edward and Danielle Riggs of 253 County Road. The proposed aboveground pool is situated within the 100-foot buffer zone to wetlands at the rear of the property, but Commission officials approved the changes.

“It’s a pretty clear-cut, open area and can be done without any adverse impacts to the area,” Farinon said.

The other proposed aboveground is for Scott Ferreira and Cristina De Arede of 21 Bishop Road, who filed a Notice of Intent because their structure would also be within the 100-foot buffer zone to wetlands on the property. Their Notice of Intent was approved.

Lastly, the Commission also approved a Notice of Intent for Coventa Company of SEMASS LLC, 141 Cranberry Hwy., Wareham. Several changes to the property were approved, including the addition of a rail spur to the existing train tracks that border the property, as well as grading to a proposed gravel parking lot on the site, and repairs to a damaged culvert, which already exists on the property, among other proposed changes.

“They’ve had to chase some issues back there [on the rear portion of the property],” said Farinon. “I think [the repairs to the culvert] are going to be a big help. I think that the culvert is a good project. All the changes are included in the revised site plan. It would be my recommendation that we issue a positive Order of Conditions with the stipulation that a Conservation Committee meeting be held with the property owner and engineers and sub contractors, if there are any.”

By Nick Walecka

Monday’s meeting of the Marion Planning Board had a short agenda, but much discussion regarding the “fender benders” and the “incoming and outgoing” of vehicles at Cumberland Farms at the corner of Route 105/Front Street and Route 6.

“We want public input on the issues at this site,” said Board member Jay Ryder, “and we are looking to the public, the users of this property, to suggest ideas on how to improve the flow and safety there. We want your input on this community issue.”

The Board will also review comment from Field Engineering, a Mattapoisett firm hired to help out on the ongoing issues at the site.

Responses to the plea can be sent to Planning Board members, which include Pat McArdle, Stephen Kokkins, Jay Ryder, Ted North, Norm Hills, and Jerry Ferrari, whose phone numbers are in the Marion League of Women’s Voters Blue Book, and to Jackie Santos, Board Secretary, at the Town House.

The Board is looking for comments and ideas on how issues can be solved. The public hearing on the issue will be held on July 1 at 7:00 pm, and the public is welcome to come and discuss the ongoing issues at the Cumberland Farms site.

Committee members discussed the troubles of entering and exiting the property, as well as the close proximity of parked cars backing out while those gassing up are entering, waiting, or departing the area.

“We need to address these issues,” Kokkins said. The other major issue, expressed by the Board, is that of paying for gas inside the store, while others are waiting to gas up. The issue was that there were not enough employees at the register, with long lines, thus prolonging the lines at the pump.

In other business, the board is also asking the Marion community to provide input and ideas on a proposed residential solar bylaw, to be negotiated and worked on by the Planning Board and the Marion Energy Management Committee.

“We want to invite the public to provide input on the yet to be determined solar bylaw, by coming to our July 1 Planning Board meeting,” Kokkins said. “We want a roundtable discussion of how the bylaw will impact abutters and the town. We want to work with the Marion Energy Committee and get this bylaw worked out by the fall town meeting.”

The fall town meeting will be held at 7:00 pm on Monday, Oct. 28.

The scheduled Continued Public Hearing regarding the Site Plan Review of the Johnson Family Investments, at 806 Mill Street c/o GAF Engineering/Anthi Frangiadis Associates was continued until June 17.

In other business, the Board discussed the ongoing SRPEDD discussions, whose goal is to engage each town that may be affected by a commuter rail in an adjacent community. In Marion’s case, New Bedford. “This is like what happened in Lakeville,” Ryder said. “We want to know what is happening locally, so we can anticipate the impact on Marion.”

Newly elected member Norm Hills discussed his meeting with SRPEDD and about the revision of the old maps and the recent re-mapping of the region, especially Marion.

“We noted that there were significant changes to reflect our protection plans [for Marion] that were not on the map,” Hills said. “The question is how would the town be impacted by a rail system in New Bedford. Look at Lakeville and the impact that had … that’s why we are being asked to look at this proposal, a link to New Bedford.” Hills noted that he lived for over 20 years in Washington, D.C., and that as soon as a new metro station was built, “the area around it bloomed.”

By Joan Hartnett-Barry

A group of representatives from the Open Space Action Committee were on hand Monday evening at the Board of Selectmen meeting to express their desire to get a Community Preservation Act approved for the town of Rochester.

According to members of the Open Space Action Committee, the last vote for a CPA was 26 votes shy of being approved in 2006.

Rosemary Smith, who is on the committee, said that the CPA enables cities and towns of Massachusetts to acquire funds to make open spaces more suitable for things like walking paths, baseball fields, and other outdoor recreational activities, as well as for preserving and restoring properties of historical significance. Funds from the CPA could also be used to preserve land and to protect drinking water, as well as wildlife habitats.

“All of the towns around us have the CPA, and by putting in a very small amount of money from [the taxpayers], they have reaped millions of dollars,” said Susan Teal, who is also on the Open Space Action Committee.

According to the Committee, 155 towns in Massachusetts have a CPA in place, and 30 are attempting to bring it forward.

Smith said that the point in going before the Selectmen Monday was to get feedback as to whether they thought the town vote for the CPA should be for the fall or spring.

The Board suggested that they go forth in creating some sort of memo stating their goals as well as to find members to be on the committee before they do anything else.

Smith also said that the average tax increase for a homeowner in Rochester would be about $30-50 per year.

“It’s town-directed spending,” Smith said.

In other news, Police Chief Paul Magee introduced new Sergeant Robert F. Small Jr., who’s been with the Rochester Police Department since in March of 1998. According to Magee, Small graduated from the Southern New England School of Law in 2009, and he recommended the promotion to Sergeant to the Board, who approved the change.

Town Administrator Richard LaCamera also announced that funding from the Chapter 90 Reimbursement, which helps municipalities get funding to repair roads, was cut in half due to a recent decision made by Governor Deval Patrick. According to LaCamera, they were expecting to get about $459,000, and instead, they will only receive about $229,000.

“That’s kind of disappointing, because this is the time that we schedule our paving and roadwork,” LaCamera said.

The next Board of Selectmen meeting is on June 17.

By Nick Walecka