The Local Historic District Study Committee appointed last year by the Marion Select Board had been leaning toward recommending a “historic district light,” but that has become a complicated path according to Will Tifft, who in Tuesday’s meeting of the Marion Historical Commission said a developer in Brookline sued that town for its customized “architecture district,” modifying the state’s basic 40C rules, and won.

            “Unfortunately, the study committee had very much decided to … do something similar … the focus was to emphasize and build slightly on top of existing Planning Board rules regarding demolition, new construction and new additions,” explained Tifft. “The end result was not getting into design features per se, except for what faces the street … but looking at mass and scale with no plan to do more than recommend. … Our town counsel has given an opinion that she would not, if asked directly in Town Meeting, be in position to make a strong opinion.”

            The study committee has since gone back to the Attorney General’s office for direction and has missed the deadline to get the matter before voters at the Annual Town Meeting in May.

            “We’re on a hold until the Attorney General comes back and gives us some guidance,” said Tifft, who noted that the Marion Select Board has agreed to continue giving the study committee an extension that would allow it to prepare to bring a proposal to the 2025 Annual Town Meeting. Tifft is not ruling out getting on the warrant of a Special Fall Town Meeting.

            In the meantime, the study committee will have the opportunity to spend more time on education and discuss with residents why someone would want to have an historic district.

            In a December permits review, Tifft noted that the Marion Zoning Board of Appeals (of which he is also a member) will discuss a teardown and construction proposal at 25 West Drive (Planting Island) at its February 8 meeting.

            A new sense of optimism has emerged regarding the Percy Browne House after a January 18 meeting involving Marion Historical Commission Chairperson Meg Steinberg with Tabor Academy Head of School Tony Jaccaci and James Bonsey, Tabor’s new chief financial officer.

            “Tony said we are just as interested as the Historical Commission in preserving the Percy Browne House,” relayed Steinberg but noted that there is no funding in place. Tabor first has to work out its Master Plan, and the safety and maintenance of the building will require frequent checkups.

            According to Commissioner Bryan McSweeny, Dray stated that the internal woodwork is just as important as the outside.

            Steinberg said there is interest in restoring the original 1881 design and adding a new addition in place of the addition that was later made. Jaccaci, said Steinberg, indicated interest in a new Tabor building adjacent to the Browne house that would serve faculty and students.

            “We’ve got to get some pros involved in this thing,” said McSweeny.

            The Marion Historical Commission is standing down and not applying for any Community Preservation Act funding in the FY25 round. Chairperson Meg Steinberg explained this is because they still have funding for another year of work, but she thought the Local Historic District Study Committee should reconsider its decision to stand down.

            Eric Dray is the group’s consultant. “Eric actually grew up in Marion so he really gets it,” said commissioner Shelly Richins.

            The commission’s Annual Report is under the review of the members who need to approve it in time for the February 1 deadline.

            The CPA funds awarded the Historical Commission by the town’s Community Preservation Committee for FY22 address Delano and Point roads, Allen’s Point, a Planting Island report and Converse and Moorings road areas.

            Steinberg asked Town Administrator Geoff Gorman about the situation at Silvershell Beach and has been told that town is on it. Member Bryan McSweeny said the town is planning to use Mattapoisett’s new grader in the spring.

            “They’re aware it’s a problem, and it’s particularly a problem after this storm,” he said. The gate was closed but has since reopened.

            “It is an open space,” said Steinberg, stating that a survey form will be done and a presentation will be made on March 21 at the Music Hall in conjunction with a presentation being given by Lynn Smiledge of the Sippican Historical Society on the Tremont Campground inventoried last year.

            Tifft reported on two CPC requests, one seeking funding for 10 historic sites in Marion that would receive signage. The proposal will list 20 properties considered worthy of the request in hopes of gaining approval for 10 of those properties.

            The nature of the signage has yet to be determined. Some will be town properties. Gorman is believed to like the idea and was including it in his strategic plan, according to Tifft.

The other request is a curriculum for high school students on Marion’s history. There are steps to be completed beforehand (the CPC application deadline is February 5.) The commissioners indicated that DePina Landing might fall under that category.

            Tifft reached out to one of the town’s more significant donors about Bird Island. The Sippican Historical Society has indicated to the town that they’re on the verge of being tapped out on that fund. The administrator can be paid until June, then the town would need to take it over until funds are built back up.

            The town owns Bird Island and wanted to know if Sippican Historical Society would consider taking it over as a project. Tifft, who also holds membership in the society, said it would certainly help but sees two obstacles, one being the society’s three protocols for donating and secondly, that public access has taken over management of the site.

            “I think we need a fundraiser,” said Tifft, who would not rule out further involvement by a significant donor.

            In other business, Tifft suggested the Historical Commission have a document of “lost Marion,” documenting egregious examples of ill-advised change that has caused the loss of integrity in town.

            “Some fixer-ups have been done well, but some bad things have been atrocious,” said McSweeny.

            Regarding a permit-review update on DePina Landing, Steinberg told the commission that the DPW’s Jody Dickerson said he’s trying to revive the old permitting process to avoid needing to bring the matter before the Conservation Commission.

            The next meeting of the Marion Historical Commission has been scheduled for Tuesday, February 27, at 5:30 pm at Elizabeth Taber Library.

Marion Historical Commission

By Mick Colageo

Worried neighbors of BWC Snows Pond LLC’s plan to build a solar-energy array on Cushman Road returned to the Town Hall hearing room Tuesday as Rochester’s Planning Board met once again regarding the project’s Special Permit and Site Plan Review application.

            The petitioner’s representative, Andrew Hamel, said he is in the midst of following up on the second review of the Cushman Road plans by the town’s consulting engineer Ken Motta. Also, at present, he said, he “owes” the town Conservation Commission a response to one of the conditions that board has placed on the project.

            The Planning panel ultimately continued the hearing to the next meeting on February 13 to give Motta time to finish his report. But first the neighbors had more concerns to address.

            Referring to a recent newspaper report, abutter Claudette Tobin noted the Wareham Planning Board recently denied a solar-array project planned for the area of Charge Pond Road due to the setbacks required from the pond. Similarly, the Snows Pond project is very close to the Mattapoisett River, she said. “Can you guarantee there will be no groundwater contamination from this project?” she asked.

            The answer to whether contamination will occur with the type of battery storage system that Snows Pond LLC is planning is an unknown at this time, Planning Board Chairman Arnold Johnson said. “But the Mattapoisett River Valley (Water Protection Advisory Committee) has signed off on this,” he added.

            Neighbor Melissa Sherman-Morris, referencing the same news story, noted the Wareham board took the plan for a battery system off the table because of fear of groundwater contamination.

            Johnson said Rochester is now working on regulations to better control battery storage near an aquifer. Before motioning for the continuance, he added that unfortunately, state regulations have made solar operations something towns must approve. “Marion denied them twice and were sued over it twice,” he said.

            BWC Snows Pond LLC’s application is to build a solar-energy array on 12.55 acres of a 31-acre parcel at 0 Cushman Road in a Residential/Agricultural District and a Mattapoisett River Valley Watershed and Groundwater Protection District. The plan is to build there a 2.39 MW DC, single-axis, tracking, photovoltaic array, including DC-coupled battery energy storage.

            In other action Tuesday, the Planning Board approved a Special Permit application to allow the subdivision of a back lot at 0 Mendell Road for residential use.

            The panel continued until February 13 its hearing into the Site Plan Review application for JPF Development’s plan to build a 15-acre self-storage facility at Kings Highway and Route 28.

            Town Planner Nancy Durfee announced the next Master Plan Workshop will be held on Thursday, January 25, at 6:00 pm at the COA Senior Center, Dexter Lane. The topics will be Land Use and Economic Development.

            The Rochester Planning Board will meet next on Tuesday, February 13, at 7:00 pm at Town Hall, 1 Constitution Way.

Rochester Planning Board

By Michael J. DeCicco

            The owner of Fieldstone market will need to revise his plan for an expansion of his store and the parking around it.

            Johnson Family Investments LLC, 806 Mill Street, applied for a variance from the Marion Zoning Board of Appeals for a variance from Section 230-5.2a of the Marion Zoning Bylaw allowing for lot coverage exceeding 40% of the lot area.

            The January 11 public hearing drew plenty of attention from abutting residents concerned with the plan to expand parking in the back of the store.

            Fieldstone owner Arnie Johnson, familiar to municipal public hearings as the chairman of the Rochester Planning Board, was represented by Bill Madden of G.A.F. Engineering.

            Madden explained that the Frigate Restaurant that had preceded Fieldstone at the site had been approved in 2012 for the same variance of lot coverage.

            ZBA Chairperson Cynthia Callow read into the record Zoning Bylaw 230-2.3d, listing the conditions necessary to justify the granting of the variance requested. Callow also read from Zoning Bylaw 230-5.2 (exceptions to minimum lot requirements.)

            Madden told the ZBA that Johnson is applying for site-plan review of the Planning Board and will make a Form A application to bring together two separate lots. Johnson will also apply with the Conservation Commission for a Request for Determination of Applicability regarding the wetland to the southwest of the lot that Madden considers very small.

            Madden explained that the back lot will be used by employees, freeing up spaces for customers out front.

            In discussing the soils, Madden called the area the low point of Route 6 where the water table is high and the soils do not match those of the Residence C zoning area. He considers the soils unique and in place because of their location.

            Madden says the hardship faced by Johnson is the soil that he says is not consistent with the Residence C zoning area combined with the high-water table.

            ZBA member Dana Nilson said he has a problem with the assumption that the high-water table makes the lot unique and thusly, a hardship. Madden said five test pits show a variety of water-table height. He said the house Johnson recently bought to expand his parking indicates a watermark 4 feet up the cellar wall.

            Jeff Doubrava, a ZBA member (and chairman of the Conservation Commission), clarified that the expansion of the building takes away no parking spaces. But he took issue with the amount of impervious surface coming as a result of the expansion of the parking lot. Madden said a pervious surface would not serve a food-service business effectively.

            Residents in attendance took issue with the parking expansion. Johnson explained that he could have 16 employees on site at once, that there are presently 33 on the payroll and that number exceeded 50 last summer.

            Fieldstone closes at 7:00 pm and the ice cream counter at 9:00 pm in season. Johnson said he wants no lighting in the back parking lot and doesn’t believe it would be needed for the ice-cream-only hours.

            He further said he needs a travel way to get delivery trucks around the back of the building. He noted that in six years open, this is the first he has heard of his dumpster being picked up at an inopportune time. He said he would call the service because “I want to be a good neighbor.”

            One resident challenged the public good of the expansion because of its impact on the residential neighborhood.

            Having heard from abutters and as more questions arose, Callow recommended continuing the case to gain more knowledge.

            With that, the ZBA voted to continue the case, requesting an alternate plan that better addresses the abutters’ concerns. The case was continued to the ZBA’s February 8 meeting, Nilson’s being the lone dissenting vote.

            The John P. Kendall Trust was voted a Special Permit to demolish a house and construct a new one at 39 Water Street.

            Will Saltonstall was on hand to represent the Kendalls, and Callow read into the record Zoning Bylaw 230-6.1 c1 on nonconforming structures that among other things, must not be more substantially detrimental to their neighborhood.

            Saltonstall explained that given the house’s position in the flood zone, his choice was to limit renovation to less than 50% of the home’s value (a $200,000 renovation) or to replace the house altogether. The applicants have chosen the latter.

            ZBA member Margie Baldwin said, without a building across the street, the height will not be an issue, and she appreciated the location of the garage in the new house being off to the side. Saltonstall clarified that the entry could come from the front or the side.

            Building Commissioner Bob Grillo suggested that if one of the properties was sold, the Planning Board would need to vet a shared driveway. Saltonstall thought, in the case of an easement that a special permit from the Planning Board would not be required but added that he would have no problem making that application.

            With one question during public comment, the board voted to close the public hearing and without dissent, approved the special permit.

            The next meeting of the Marion ZBA is scheduled for Thursday, January 25, at 6:30 pm at the Marion Police Station on Route 6.

Marion Zoning Board of Appeals

By Mick Colageo