Residents packed the Town House for three public hearings that came before the Rochester Zoning Board of Appeals on Thursday, with some confusion over one leading to a bit of controversy.

Stephen and Betsy Downes thought they were applying for a variance on their house on Marion Road, which they hope to build onto in order to accommodate an aging family member. Adding a kitchen and other features to an additional space would require a change in zoning designation from single-family to two-family, and the land does not meet the minimum frontage requirement of 300 feet – falling upward of 45 feet short – to allow such a change. Thus, the variance request.

But language in the public notice of the ad listed the hearing as a request for a special permit, which legally bound the board to consider a special permit only.

The catch was that a special permit – which the Downes would ultimately need for the changes they plan – would have to come after a variance, and a variance could not be considered because of the notice language.

“We cannot consider the special permit until we would grant the variance,” ZBA member Ben Gilmore said. “And we’re not empowered or allowed to proceed on a plan that does not meet the minimum requirements.”

The snag was a confounding one for the Downes.

“We’re planning for the future,” Stephen said. “It’s to be a home for three generations.”

Abutters came out in force to protest the Downes’ plans, expressing concerns about what the zoning change could mean for the area.

“The two-family thing triggers a lot of issues,” one resident said. “What sort of precedent does that set for the neighborhood?”

Elsewhere on the agenda, the ZBA approved two variance requests: one for Erik Morad, who seeks to construct an accessory structure on his land at 552 Snipatuit road to serve as storage while he considers building a new home there. The variance for Morad comes with two conditions: that he must construct the home within five years, and that upon conversion, the structure be razed.

“It doesn’t tie him to convert,” said other ZBA Gilmore brother, Kirby, “but if he’s going to, he has to do it within five years.”

The other approval issued a variance from setback requirements for Peter Falconeiri’s property at 373 Walnut Plain Road.

By Shawn Badgley

The Marion Board of Health today announced that West Nile Virus (WNV) has been detected in mosquitoes collected from the Town of Marion.

WNV is most commonly transmitted to humans by the bite of an infected mosquito.  The mosquitoes that carry this virus are common throughout the state, and are found in urban as well as more rural areas. While WNV can infect people of all ages, people over the age of 50 are at a higher risk for sever infection.

By taking a few, common sense precautions, people can help to protect themselves and their loved ones:

Avoid Mosquito Bites: Be aware of peak mosquito hours.  The hours from dusk to dawn are peak biting times for many mosquitoes.  Consider rescheduling outdoor activities that occur during the evening or early morning.  If you are outdoors at any time and notice mosquitoes around you, take steps to avoid being bitten by moving indoors, covering up, and/or wearing repellant.

Clothing can help reduce mosquito bites.  Where long sleeves, long pants, and socks when outdoors will help to keep mosquitoes away from your skin.

Apply insect repellant when you go outdoors.  Use insect repellant with DEET, permethrin, picaridin, or oil of lemon eucalyptus according to the instructions on the product label.

Mosquito-Proof Your Home: Drain standing water around your house.  Many mosquitoes lay their eggs in standing water.  Limit the number of places around your home fro mosquitoes to breed by either draining or getting rid of items that hold water.

Install or repair screens.  Some mosquitoes like to come indoors.  Keep them outside by having tightly fitting screens on all of your windows and doors.

Please contact the Board of Health at 508-748-3530 if you have any questions.

Rochester Police have cleared up a reported abduction attempt after a day long investigation. Police received a phone tip from a resident who had done business with a man in a white van matching the description of the person suspected in the abduction attempt.

The investigation revealed that a man from Cohasset came to Rochester to buy hay and became lost trying to find his way home. The tipster told police that when the man left his business, he was wearing a mask due to an allergy to the hay. The lost driver, hoping to get directions, stopped when he saw the children but they became scared and fled. The victims identified the man from photos provided by police. He has no criminal record and it all appears to have been misunderstanding.

Rochester Police Chief Paul Magee praised the children for trusting their instincts and fleeing the area when the man stopped and also the parents for quickly reporting the incident to police. “It appears to be a case where the man showed poor judgment by stopping to ask young children for directions. In this day and age, people should know better than to do that.”

Rochester Police Department Press Release

On Saturday September 14, 2013 the Marion Police Department department received information from a resident that her son was making viable threats to kill his family members, neighbors and specific members of the Marion Police Department. The suspect had been arrested earlier in the day by this department for a domestic related issue and had been released on bail.

A short while later the suspect was observed on security cameras in his residence on Cross Neck Road. The Southeastern Massachusetts Law Enforcement Council (SEM-LEC) SWAT team as well as members of the SEM-LEC Hostage Negotiation Team responded. The exterior of the house and neighborhood were secured.  Several attempts were made to make contact with the suspect. The Massachusetts State Police also responded with a remote controlled robot equipped with a camera. The suspect was located inside the home. Entry was made and the suspect was placed into custody without incident.

A search was conducted. Two firearms including a loaded 357 Magnum and a sawed-off shotgun, as well as various ammunition were recovered. The suspect was identified as Jeffrey E Tosca, age 30 of Marion.

Tosca  is being charged with: 2 counts of Threats to commit a crime, 1 count of Trespassing, 1 count of Malicious Destruction Of Property over $250, 2 counts of Larceny, 2 counts of Possession of a Firearm and 1 count of Possession of Ammunition. He was held without bail and transported to the Plymouth County Sheriff’s Department.  He will be arraigned at Wareham District Court on Monday.

Marion Police Department Press Release