The members of the Marion Capital Improvements Planning Committee are like Santa’s elves, listening intently and seeking clarification to a long list of requests being made by the town’s department heads as they map out capital needs for the next fiscal year.

            There are critical hurdles to getting this bulging sack of information onto Santa’s sleigh, and many items on the wish lists won’t find their way into a stocking hanging by a fireplace, much less wrapped and placed under a tree.

            Through a series of public meetings that began in April, the committee has been interacting with department heads and educating them on the process by which the committee hears, absorbs, entertains, questions and scrutinizes capital requests.

            Since October 11, those leaders have been making their pitches. The final requests for FY25 were delivered on Monday night by the Water Pollution Control Facility Manager Nathaniel Munafo as a second presentation involving the Department of Public Works to cap the CIPC’s interview season.

            Munafo made separate Water Department and Sewer Department presentations, supported by DPW Director Becky Tilden and engineer Meghan Davis.

            His top-priority, sewer-related item: the $3,213,000 Creek Road Pumping Station. The request is for $308,500 for Marion’s 10% match of a 90% FEMA HMGP Grant, the application for which was filed a year ago.

            Munafo told the CIPC that roughly half the town’s sewer users rely on the Creek Road station, which has been identified as a station in need of repair and one especially vulnerable to potential flood events.

            Marion applied for but was not awarded a BRICK grant, but Munafo reported that NEMA asked Marion to apply for a Hazard Mitigation Plan grant and increased the deal to a 90/10 match.

            “NEMA is very supportive of our program,” said Munafo, noting that the town is slowly working through the process and that the grant has not been officially awarded. He said that if the town receives the grant, it has the matching funds set aside.

            Munafo began his presentation with water projects, requesting as his top priority $1,200,000 from enterprise funds for purchase and installation of an emergency backup generator for the Wolf Island Road Well and East Well and the replacement of a generator for the Perry Hill and Main Pump stations.

            While the grant would be received on July 1, the project has to go out to bid so final costs are a moving target.

            “They (DPW) are constantly looking into a crystal ball to give you the best number they can,” said Town Administrator Geoff Gorman, who was in attendance Monday night.

            Due to the nature of the projects, some water/sewer requests are asking for substantially more money in FY26 or FY27 than they are for FY25.

            There is no doubt as to the top priority a year from now. Listed for FY26 is the $2,700,000 water-main replacement along Route 6 that will presumably service two planned residential developments near the Wareham town line.

            Matt Zuker, whose The Cottages (48-unit, townhouse-style, market-rate development) project is before the Planning Board, is believed to have agreed to fund 40% of the $2,700,000 total.

            On December 6, the DPW made a separate pitch, most notably for a $1,787,000 project that would repave, enhance (lighting) and otherwise improve the driveway and parking lot to the Cushing Community Center.

            In order to qualify for the purposes of the committee’s consideration, a capital project costs at least $10,000 and has a useful life of at least five years.

            Also presented by departments is a 10-year outlook on capital needs, some of which are recurring or based on expiring equipment. On Monday, Munafo readily admitted his annual request for $50,000 related to sludge removal from the wastewater lagoon might rather belong in his operations budget.

            Questionable requests are somewhat common, given each department’s own set of complexities and internal challenges to define a project as purely operational or as capital.

            Beyond its primary task, it is through the process of the ensuing dialogue that the CIPC acts as a sounding board for each department’s financial and planning considerations.

            The committee, comprised of Chairman Dave Janik, Secretary Stephen Nojeim and members Casey Barros, Mandy Givens and Debra Watson, will henceforth analyze all town departments’ and by Tuesday (December 19), will have sent Nojeim their own comprehensive rankings of Marion’s capital projects.

            Any factor, including funding source or timing, could be taken into consideration in arriving at a top-10 list of priorities.

            If Janik and Nojeim determine on December 27 that there is consensus, the CIPC’s work will be considered finished upon its February 20, 2024, appearance before a joint meeting of the Finance Committee and Select Board for questions and answers. If not, Janik will schedule a CIPC “reconciliation” meeting for December 28.

            The CIPC article that will appear on the warrant for the Annual Town Meeting in May will contain the committee’s top-10 capital requests, footnoting the recommendation (or not) of the Finance Committee and Select Board. Those bodies are regularly represented to the CIPC, the Finance Committee by Fred Mock and the Select Board by Randy Parker.

            The next meeting of the Marion Capital Improvements Planning Committee is tentatively scheduled for December 28 at the Town House.

Marion Capital Improvements Planning Committee

By Mick Colageo

Engineer Richard Rheaume of Prime Engineering came before the Mattapoisett Conservation Commission on December 12, requesting the acceptance of what he deemed a “minor field change.” The project is located at 20 Howard Beach and owned by 21 Century Mill LLC.

            After describing the changes to the original plan, which included second-story alterations, Chairman Mike King, along with the commission members, questioned the changes. They held that the changes were not minor, were in fact significant, and either required a new, public notification announcing the changes and alerting abutters – or filing a completely new plan.

            Rheaume didn’t push back from the commissioners’ comments and agreed to publish a new, legal notice and to send abutter notifications announcing when the filing will be heard.

            In other business, a Request for Determination of Applicability for 18 Shore Drive owned by Evelio Suarez was tabled due to lack of representation.

            A Notice of Intent filed by Long Build Homes for Lot 50, Shagbark Circle, was conditioned, and an existing Order of Conditions on an earlier filing was given a Certificate of Compliance (no work begun.)

            A continued NOI for 12 Old Mattapoisett Road filed by Jay Dupont was conditioned for a new septic system.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Tuesday, January 2, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

            Rochester’s Planning Board Tuesday set December 30 and January 9 as its next two important action dates.

            The board scheduled a site visit of BWC Snows Pond LLC’s plan to build a 12.55-acre solar array along Cushman Road for December 30 and continued the project’s hearing until January 9, 2024.

            Engineering consultant Andrew Hamel reported his firm filed its response to the town engineer’s peer review of the project very recently, leading him to request both the continuance and a scheduled time for the Planning Board’s site visit.

            Board Chairman Arnold Johnson noted that additionally, JC Engineering, Inc., is requesting approval of the substantial completion of The Village at Plumbs Corner Phase III development, Hayley’s Circle. He asked if the board would like to visit that site as well on the same date. Board members said yes and set December 30 at 8:00 am to visit The Village and 8:30 am to visit the Cushman Road site.

            The board also continued until January 9 its hearing into JPF Development’s plan to build a 15-acre, self-storage facility at Kings Highway and Route 28. It then set a public hearing for that date on a zoning-district change that will be on the warrant before voters at the January 22, 2024, Special Town Meeting.

            Johnson said the zoning update is a minor one, but a public hearing is still required. The Cranberry Highway Smart Growth Overlay District that covers the Route 58 and Route 28 end of town must be altered because the owner of a liquor store there wishes to move his establishment to land that the overlay district does not yet encompass. It is merely a matter of adding one lot, Town Planner Nancy Durfee said.

            In other action, the board reviewed the notices from the owners of 0 Bishop Road, Lots 71 and 72, and 0 Featherbed Lane to release their properties from 61A Agricultural Land Protection. The panel ultimately voted to recommend to the Select Board that the town not exercise its right to purchase the properties.

            The board also reviewed zoning bylaw changes that will be proposed at the May 2024 Annual Town Meeting. Chief among the edits the panel recommended are building uses such as lodging and boarding homes, and convalescent homes will be changed to require a special permit so the board can have better oversight of the permits. Home occupations that do not involve other employees will not require a permit.

            The Rochester Planning Board will meet next on Tuesday, January 9, 2024, at 7:00 pm at Town Hall, 1 Constitution Way.

Rochester Planning Board

By Michael J. DeCicco

            Dan Crete appeared before the Marion Conservation Commission on November 15 to address concerns about his unauthorized float system at his Saltworks Marine boat repair and storage business at 288 Wareham Street (Route 6.)

            Conservation Agent Doug Guey-Lee summarized his visit to the site and noted that the floats had been removed from the water.

            In discussing the background for his activities in boat hauling, Crete told the commission that he knows of no Chapter 91 license for a boat ramp at the site, saying “it’s not a structure” but rather “a pretty unique situation down there.”

            The site, he said, has evolved since 1948 from use by the Mallowes fish-distribution company. He said the state DEP lists the site as a human-altered shoreline. Crete said it is literally 3, 4 and 5 feet deep in quahog shells.

            “It is a zone, marine property … we are working on a master plan for the yard,” said Crete, who said he intends to seek Chapter 91 licensing for boat hauling. “I hate to think anyone thinks we’re doing anything nefarious.”

            Commission Chairman Jeff Doubrava said what happened on the site historically does not matter. He said the town has received calls about large boats coming and going and asked Crete “to step up the speed” on the licensing plan.

            Crete said he spent well over $100,000 in the site-plan process when he built his barn across Route 6 from the slope in question.

            “It’s put a little dent in the coffers for pursuing plans across the street,” he said. “We’re working on it … our intention is to stay on this and pursue it with as much haste as we can. … It’s a work in progress. We’re building a business. … I want to do it right.”

            Crete sought clarification as to what activities would be allowed during that process. He referenced instances that indicate the site in question is safer for boats and shellfish beds than Old Landing.

            “I hope the silver lining in this is we can maybe have a bit of a team approach when we get our engineering stuff together,” said Crete, who told the commission he has consulted with Mass DEP. “Their attitude with me is you guys check all the boxes with the Chapter 91 rule, that’s why they’re in place.”

            Crete said he has also discussed public access with the Buzzards Bay Coalition. He said it is a navigable waterway and that anyone can drive their boat down there and check it out.

            Stephen and Jane McCarthy requested an Amended Order of Conditions for a proposed house reconstruction at 43 Dexter Road, Map 5A, Lot 4.

            Their representative, Dave Davignon of Schneider, Davignon & Leone, Inc., said the applicants were permitted a few years ago for removal of a cottage and construction of a single-family dwelling. An active order exists via permit extension.

            In excavating for footings, enormous boulders were encountered. Many were moved but some remain in place. After the original permitting, the applicants bought the lot to the north, allowing for a place to move boulders for an embankment.

            Doubrava’s main concern is a nearly vertical retaining wall. Noting Marion’s 1-to-1 slope standard, he took the position that the wall needs alteration as the commission has never during his lengthy tenure approved a vertical retaining (sea) wall. Davignon acknowledged the standard. Commissioner Shaun Walsh echoed Doubrava’s viewpoint but estimated that fixing the wall would only require a foot or two of adjustment.

            The commission preferred a 1-to-1 slope and advised Davignon to redesign the slope and come back to the commission on a continuance of the public hearing. Davignon will report to his client.

            Applicant Jane McCarthy confirmed Guey-Lee’s discovery of an elevator shaft that was not shown on the site plan. Walsh told Davignon he would need to show the elevator shaft in his site plan as revised.

            The members voted to continue the case to its December 13 meeting.

            Kent Bennett, Six Point Road LLC, filed a Notice of Intent to construct a wood deck around an existing house and reconfigured in-ground pool location, spa, patio area and gravel driveway with associated planting areas in a mapped Flood Zone VE at 6 Point Road.

            Represented by Andy Stackpole of Field Engineering, the applicant proposed removing a kidney-shaped swimming pool and construct an 800 square-foot rectangular pool, remove a partial paved driveway (4,000 square feet of pavement) and replace it with gravel, and add an at-grade wood deck around the perimeter of the house around the front. Other changes include removing the concrete support of an existing staircase in favor of a redesigned to maximize the use of patio space.

            Commissioner Matt Schultz expressed concern about erosion control and suggested an expert report. The commission voted to grant a continuance to December 13.

            Lujay LLC was voted an Order of Conditions for proposed reconstruction of an existing, two-story garage at 8 West Avenue. Special conditions include some additional silt fencing on site and a driveway of crushed stone.

            Regarding the property owned by the Rubenstein family, Davignon described a site measuring 23,626 square feet and bordered along Sippican Harbor by a significant-sized, riprap seawall. Atop the seawall is coastal bank, the 100-foot line of which extends to cover nearly the entire lot.

            Davignon said the majority of the property lies within VE-17 (Velocity Zone.) A larger, two-story garage made of breakaway panels will be constructed partially over the footprint of the existing garage but extended more to the southeast. Davignon said it would be constructed within Velocity Zone standards.

            The setbacks were adjusted to avoid a septic tank to the west and to 26 feet from the street to meet the setback requirements to the north (thusly avoiding the need for a zoning variance.) A patio is planned for the sea-facing side of the garage.

            Doubrava expressed concern over movement of the garage deeper into the “V Zone,” to which Davignon noted abutter interest across the street and reiterated the setback concern. Doubrava noted that there is also a bylaw requiring structures in the velocity zone to be constructed as far from the coastline as possible.

            The science behind the breakaway panels is to have concrete or wood pillars that would stay in place while the panels could breakaway but not go anywhere as they are chained to the framing.

            Schultz asked about the thickness and breakability of the concrete slab in the garage, suggesting that FEMA approves 4 inches to ensure breakability during hydrostatic force.

            Noting the plan shows no roof-runoff system, Davignon said he does not know if gutters are planned. He said there is substantial lawn to absorb runoff.

            Kristian and Melissa Koziol were issued a Negative 2 and 3 Determination of Applicability with no special conditions for proposed landscape improvements on land subject to coastal-storm flowage at 29 Lewis Street.

            Eric Winer and Nancy Borstelmann were issued a Negative Box 2 and 3 Determination of Applicability for their construction of a 10×14-foot, uncovered deck, enclosed, lateral enlargement and two cantilevered enlargements at 18 West Avenue.

            The Marion Conservation Commission was scheduled to meet on December 13 and is next scheduled to meet on Wednesday, January 3, 2024, at 7:00 pm at the Police Station.

Marion Conservation Commission

By Mick Colageo