The Marion Select Board is rearranging the lists of FY25 capital requests as recently presented by the Capital Improvements Planning Committee.

            On Tuesday night, Town Administrator Geoff Gorman told the Select Board that the requests presented in two basic categories – those relating to the Department of Public Works versus anything else – could for the board’s consumption be further divided, separating out Sewer and Water requests.

            A Hazard Mitigation program grant from FEMA, said Gorman, will effectively takes the Creek Road Pumping Station out of the capital equation. Citing positive feedback from DPW personnel, Gorman said, “We do anticipate 100% grant funding for the station.”

            In summarizing other sewer-related projects, Gorman said the North Well on Perry Hill is in the wetlands and will need capital to construct an access road. Board member Norm Hills asked if the item might require application to the Rochester Conservation Commission.

            Other water-related capital needs include funding for four generators at the Marion-owned wells, a replacement of the Island Wharf water main that also feeds Bardon’s Boat Yard.

            Gorman folded Highway Department needs into the projects requiring assistance from the General Fund because it has no enterprise fund.

            He then summarized a 21-item list, finishing with two items that were not submitted in time for consideration by the CIPC before the committee made its rankings and reported to the Select Board.

            The two items not included in the CIPC report were Town House security at the main entrance doors at $50,000 and $19,322 to upgrade harbor radios to digital.

            The paving of the Cushing Community Center parking lot estimated at $1,800,000 for construction (the design is several years old but “complete”) was recommended by Parker to be held “until the 44 acres in back are decided.”

            Gorman said that removal of the request for a patrol boat, which would cost from $750,000 to $800,000 (from the Waterways Account or as a debt exclusion) is possible but said that patrol-boat grants are “very competitive.”

            The Select Board has two more meetings (March 19 and April 2) to finalize the warrant. Parker said the board could vote in all the requests and then retract their inclusion, mitigating the deadline.

            Marion is estimating a 5% increase in the Old Rochester Regional School District budget for FY25.

            Finance Director Heather O’Brien reported that the town has maintained its AAA bond rating.

            A 6:00 pm Pole Hearing with N-Star Electric Company (dba Eversource Energy) covering the installation of 44 feet of conduit and two handholes on Front Street raised questions from resident electrician Randy Parker. The plan is for new underground service and the removal of overground service, including a pole.

            Parker asked N-Star representative Faye Sweatman where the transformer would be located, noting from a site visit a large house on Front Street with a 400-amp service and another with a 200-amp service. He also noted that the pole has already been installed. Sweatman said the plan is to run underground wire pole to pole.

            “I love the underground, a little more detail would be good. We need to know if there’s going to be a transformer there and if it’ll be a pole mount or a pad mount,” said Parker.

            While Sweatman assured the board she would seek and report answers to Parker’s questions, Marion resident George TJ Walker was on hand in hopes of getting answers to questions he had about three poles on Point Road that are leaning. Walker considers them dangerous and said he put in two calls to each organization with no result.

            “No one knows who owns them,” said Walker. “If it falls over, there’s no guidewires and it’s leaning. There’s a lot of wires up there.”

            Parker clarified that while Eversource has rights to all utility poles in Marion, Verizon is the “pole setter” and owner. Parker then added that the pole located in front of the Police Department on Route 6 opposite Benson Brook Road is in similar condition. “That one’s really listing,” he said.

            Walker will meet with Gorman and give him pole numbers. “This will be an education for me too,” said Gorman.

            The public hearing was continued to March 19 at 6:15 pm.

            Tom Farrell represented the Holmes Woods Forest Stewardship Plan in an appointment to bring the Select Board up to date on the grant-funded bird habitat. In reviewing the forest’s history, Farrell noted some facts and made recommendations for the forest’s health.

            Three decades after a 1902 donation and maintenance as a forest, two hurricanes demolished the forest, and the town invested in a replanting featuring red pine. Farrell said that until 2010 and 2017, not much had been done and by then the red pine died out completely. He said the tree was “not really in its home range” and “never thinned out.” It got to a point where the root systems got big, stressed out and more susceptible to disease and insects.

            Crowded trees, he said, do poorly, while a thinner planting allows the sun to work more effectively. Farrell said he worked with forester Bill Benjamin, and the white pines that were thinned out “started really exploding into that sunlight.”

            Noting the trees’ resiliency, Farrell recommended removing some of the smaller trees to make more room for more vigorous trees. The more diversity in tree species, he said, the better for birds and also in resisting disease.

            Norm Hills asked Farrell for advice on invasive species.

            Farrell advised against chemicals such as RoundUp and recommended manually cutting and pulling the plants. “Some of those who pull, pull, pull, they do have some results,” he said. “If you can’t remove the invasives, just cutting them when they start to fruit and flower, (helps because it keeps insects away).

            “Really, you’re identifying the most vigorous trees out there and just removing the little stuff around it.”

            In his Town Administrator’s Report, Gorman said the new Harbormaster building’s pillars are in progress and publicly credited Building Commissioner Bob Grillo for support on the project.

            Bid documents for the new DPW building are complete and posted; general bids are due on March 28. Gorman says Marion has received 21 requests for documents.

            The Police Accreditation visit was a success, said Gorman, referencing a February 29 site review resulting in “zero repair work.” The next step will be approval of those results by the state Police Accreditation Commission. Gorman publicly credited Lieutenant Jeff Habicht for his preparation effort and the department, noting that the facilitators said Marion “made it easy because they do the right things every day.”

            Gorman reported that MassDEP is considering regulation revisions for waterways, including elevation of new development areas in coastal floodplains, etc. Comments are open until April 30; Gorman said he is attending sessions and will bring back feedback for a town comment.

            Gorman also reported that the Buzzards Bay Coalition has received grant funding that will result in the replacement of two culverts on Delano Road to be done in conjunction with the Marion DPW.

            “We’ve been waiting to do that for a long time,” said Parker.

            Longtime Rochester Water Commissioner Fred Underhill attended the meeting and noting his age (85), said he is not sure how much longer he will be involved in public service.

            Underhill encouraged the Marion Select Board to “please keep the lines of communication with Rochester open. … I’ve been through three periods when, at least from Rochester’s standpoint, things weren’t working very well. When you’re doing anything out there, (communication) helps solve any rumor mills.”

            The board approved a Bond Anticipation Note (BAN) Renewal for various approved debt projects. Parker thinks the town should reconsider bonding a septic betterment loan.

            “Maybe there’s some grant funding out there, I’m not sure this is a good idea,” he said, noting the importance of what would happen should a property be sold.

            Gorman said he will review the contract.

            “I think it’s a great idea, but I don’t think we should bond it with what we normally bond. There’s got to be some other money out there,” said Parker, asking, “… how are we going to get our money back? I think we can sort it out. I’m not crazy about bonding the taxpayers’ money against septic.”

            The board also approved a Motion of Intentions to discontinue Wells Road (portion) as a Town Way. This action is meant to support further commercial development on area properties. Gorman said the abutters’ attorney is working to get an easement in place for the four-part plan to convey the land to the abutters, hold a 45-day comment period to the Planning Board; see if Town Meeting will authorize the Select Board to negotiate with the abutters and get legal easements in place.

            Gorman said there is no pressure to get this process to the May 13 Annual Town Meeting, but he said if the town can arrive at a compensation agreement, that would be in the warrant article.

            The board approved the reappointments of Kristen Saint Don-Campbell to the Marion Cultural Council, Randy Parker as wiring inspector and Stephen Dixon as alternate wiring inspector.

            The board approved a special one-day alcohol beverage license for ICJ Corporation for an August 17 (3:00 pm to 9:00 pm) wedding at the Marion Music Hall where 50 guests are expected.

            The board approved Water/Sewer commitments of $150 (water service January 10) and $740.31 (final readings February 27) but held off from voting on a Water & Sewer Abatement Policy. The board intends to vote at its next meeting.

            The next meeting of the Marion Select Board is scheduled for Tuesday, March 19, at 6:00 pm at the Town House Annex meeting room.

Marion Select Board

By Mick Colageo

            The Marion Select Board called a special meeting held Monday afternoon to discuss a dog complaint filed by Fairhaven resident Miles Grant regarding a December 21, 2023, incident at Silvershell Beach in which his dog was bitten by an off-leash St. Bernard owned by Marion resident Verena Hultsch.

            Hultsch was unable to attend the meeting, so the board voted to postpone any decision until she and Grant agree to a date for a Dangerous Dog Hearing at which she will be given the opportunity to tell her side of the story.

            Upon Grant’s arrival at Monday’s meeting, board member Norm Hills recused himself from the discussion. Animal Control Officer Susan Connor, who responded to Grant’s complaint, also attended the meeting.

            A December 23 letter submitted by Grant outlined a December 21, 2023, incident in which he stated that he brought his eight-year-old, 55-pound, goldendoodle Harry to the dog group at Silvershell Beach.

            While halfway from the parking lot to the concession area, Grant said he and his dog were approached by a fully grown St. Bernard dog off leash and unaccompanied. When he went to greet the dog, it ran around him and attacked Harry. Grant said he kicked the St. Bernard several times, but after momentarily separation St. Bernard chased Harry behind the children’s sand pit near the edge of the parking lot and resumed its attack. Grant said it took several kicks to get the St. Bernard off his dog, which he said backed off only a few steps and stared at Grant.

            By then, he stated, Hultsch arrived and asked Grant if his dog had attacked her dog. Admittedly upset, Grant said he told Hultsch to remove her dog from the park and that Hultsch replied that her dog had never bitten another dog. Grant said he left immediately thereafter to bring his dog to safety as soon as possible.

            Grant told the Select Board that Harry had never bitten another dog nor been bitten. It wasn’t until the next morning that Grant discovered a puncture wound on his dog’s back and brought Harry to a clinic for repairs. On Monday, he showed the board member photos of the wound. He said the dog is now doing fine.

            Citing the fact Grant stated in his letter that he was filing the complaint as much for the owner as the dog, Select Board Chairman Toby Burr asked him, “If the owner had behaved any differently, would you have made a complaint?”

            “I don’t believe in bad dogs, I believe in bad owners. This dog was taken to a dog park and taken off leash … irresponsible,” said Grant. “If everything had gone down that way … I still would have been like, ‘will this person take the dog back (to the park) and do it again?’”

            Connor recommended that the St. Bernard be restrained on a leash at maximum length of 3 feet and be muzzled when off its owner’s property. Select Board member Randy Parker asked Grant if he found Connor’s recommendation reasonable, and he said it was.

            “The dog is immense, and it’s a miracle that it was not worse,” said Connor, who also told the board she had met the dog on May 19, 2023. “Prior to this incident, I encountered the dog at Washburn Park … was out of the truck and the dog was aggressively moving toward me, and I advised the owner that the dog is not suitable to be off leash. … At that time, she put the dog on a leash, but that was not related to any complaint.”

            Burr said he has spoken with others who frequent Washburn Park, and they told him there is nothing wrong with the St. Bernard.

            “That is what the owner contended,” said Connor. “In my opinion, it’s not safe to encounter a dog that’s aggressive to strangers. … I wouldn’t take my dog there, period. … It’s very difficult to have total control of your dog off leash, no matter how much training you have.”

            Referencing the euthanizing of a Marion dog at the Select Board’s order last year after an attack while out of state, Connor stressed the importance that whatever the restrictions decided by the board in this case, the owner must be thoroughly informed.

            “In other respects, it’s a well-mannered dog … probably is a nice dog. Unfortunately, the dog we ordered euthanized was a lovely dog,” said Connor. “Nobody wants to see a dog suffer for the rest of his life and be in a kennel … nobody wants to see a dog be euthanized or live a horrible life. Nobody wants to be in that situation.”

            Connor clarified that a Nuisance Dog hearing usually relates to property, while a Dangerous Dog hearing relates to a dog that under normal circumstances would harm another dog. Qualifying her recommendation, she said a dangerous dog should either be confined indoors or outdoors with a secure enclosure. They cannot be tied up.

            “I don’t recommend electric fences for a dangerous dog because the public has no way of knowing that the fence failed,” she said.

            The board agreed to postpone a decision until a public hearing can be scheduled.

Marion Select Board

By Mick Colageo