Toby Burr and Norm Hills both stepped away from the head table at different moments to recuse themselves from the actions of the Marion Select Board on Tuesday night at the Police Station.

            Burr, the chairman, abstained from the board’s discussion and vote to grant requests for town plowing of three private roads: Luce Avenue, Barnabus Road and Highland Road. All abutters have been notified. Luce Avenue had some potholes, but new owners of the properties are taking care of that, according to Town Administrator Geoff Gorman.

            “Whatever gets developed out there is a different discussion at a different time,” said Hills, who recused himself from the board’s decision to accept his donation of $2,427.48 for dog-bag dispensers.

            Select Board member Randy Parker called Hills’ donation “a great addition to a problem we have.”

            At the recent Special Town Meeting, the board rescinded support of and ultimately tabled a warrant article that would have asked voters to approve a regulation requiring dog walkers to carry bags when in public. The money donated by Hills will also be used for signage and support posts. The board publicly thanked Hills for his generosity.

            In other action items, the Select Board approved the change of manager at the Kittansett Club from Steve Mann to Scott Smith, who was present to note a change of officers as well. Smith said two more people were elected at the club’s annual meeting but require Criminal Offender Record Information (CORI) checks.

            Elizabeth Dowd was appointed to an open seat on the Marion Scholarship Fund Committee. The 11-year schoolteacher was thanked for her volunteerism.

            The board ratified the contract with the Marion Police Brotherhood, noting that the agreement had been completed, reviewed and approved in executive session. It includes a 2% cost-of-living increase.

            The board voted to approve the Holmes Woods Stewardship Plan, a grant award from the state Department of Conservation & Recreation. The funding will support an expert bird-habitat assessment for the 14.73-acre, town-owned property that runs between Route 6 and Spring Street from the Police Station to Sippican Elementary School grounds.

            The program will include a public-information session held in the wooded area and will identify trees, trails, “what’s good and what’s bad.” The Marion Stewards of Open Space took the lead, now the town is leading the way according to Gorman, who will present to the Select Board when the plan is in place.

            Upon receiving new information, a request for a sewer abatement at 5 Moorings Road was tabled to the board’s next meeting.

            Dan Crete and Andrew Daniel were reappointed to the Department of Public Works Building Committee in what Gorman described as an administrative formality. Parker called them, “a great addition to the team” and said both added “a lot of great input.”

            Having gone through the required training, Gorman was approved for a Municipal Hearing Officer Designation that he said will only apply to fire-code violations. Gorman said that Fire Chief Brian Jackvony told him that historically, the town administrator fills that role. Parker is the other designee, but Gorman’s appointment is specifically for fire-code matters.

            A request for a $729.83 Water/Sewer abatement at 317 Converse Road was, upon the recommendation of the DPW, granted in the amount of $624.24.

            The board approved Water/Sewer commitments of $1,990.89 (final readings October 13), $2,062 (new water tap and meter October 17), $10,420 (new water and sewer service Taunton Avenue October 18), and $155 (sewer reconnection 43 Dexter Road October 19.)

            In his Town Administrator’s Report, Gorman focused on the next several weeks of public events, beginning with the Old Rochester Regional High School Unified Basketball team in its fundraising game against the Tri-Town Police scheduled for Tuesday, November 21, at 6:30 pm at the ORR gym. There will be a 50/50 raffle and T-shirts for sale. The suggested donation at the door is $5 to $10. (The Marion Select meets for its annual tax-classification public hearing at 6:00 pm but intends to keep the meeting short and support the event.)

            The Town House will close at 12:00 pm on Wednesday, November 22, and also close at 12:00 pm on two Fridays, December 22 and 29.

            The Marion Police Brotherhood is sponsoring some holiday-season events, including a dinner for Marion residents only to be held on December 2 at 12:00 pm at Cushing Community Center, the Annual Pizza with Santa from 11:00 am to 1:00 pm on December 3, also at the Community Center. To RSVP by November 24, call the Council on Aging at 508-748-3570.

            Marion Police Annual “Fill a Cruiser” event will be at the Pizza with Santa event, and people can also make donations at the Police Station. Donations will be accepted through December 7.

            The Select Board will meet at 5:00 pm on December 5, followed at 6:00 pm by the town employees’ Holiday Party at Cushing Community Center. Gorman said invitations will be sent out this week with more information.

            Gorman hand delivered the Harbormaster building winning-bid award to Marion-based South Coast Improvement and said the local company is building a preconstruction team. He anticipates the contract to be signed next week, “and then we can start in earnest.”

            The COA is holding an event on November 13 at 5:00 pm to support residents dealing with loved ones suffering from dementia. The session is designed to gain community feedback, identify shortcomings and gaps in service and provide a light meal for attendees. Burr said people who cannot attend can still call the COA with information and suggestions.

            Marion will hold its Veterans Day event on Saturday, November 11, at 11:00 am at Old Landing located on Front Street. Guest speakers will be Peter O’Brien, Marine Corps Master Gunnery Sergeant, Operations Chief, and Sean Stadig, Lieutenant Commander, H60 Engineering Officer, Air Station Cape Cod. The Sippican Elementary School Band led by Mrs. Hannah Moore will perform selections of patriotic music.

            The RSVP for the Veterans Luncheon at the Cushing Community Center has passed, but those interested can call 508-748-3570 to check on availability.

            Finally, Gorman congratulated Marion-based firefighters Dalton Lyons, Christopher Peckham and Jacob Ouellette, who were part of a graduating class from the Call/Volunteer Recruit Firefighter Training Program.

            The next meeting of the Marion Select Board is scheduled for Tuesday, November 21, at 6:00 pm at the Police Station.

Marion Select Board

By Mick Colageo

            John and Pamela Lees will finally build their house at 49 Water Street after the Marion Conservation Commission voted to grant an Amended Order of Conditions (SE 041-1372) for proposed project modifications resulting in a reduction in the scope of work.

            Appearing before the commission on November 1, project representative Dave Davignon of Schneider, Davignon & Leone, Inc. summarized the history of the case, saying the Order of Conditions was approved on August 2, 2022, then appealed by abutters to the state Department of Environmental Protection, which stayed the appeal after all the participants agreed on a revised size of the house.

            The house, previously planned at 190 feet long, will now be constructed at 145 feet long, a reduction of 23.5% in length, nearly doubling the side setbacks to 59 and 51 feet from property lines to the north and south. With an increase in size front to back to accommodate the floor layout, the footprint of the house has been reduced a net 13.5%.

            The in-ground pool has been reduced by 6.25%, and the previous driveway has been reduced by 11.6%.

            Under the old plan, 0.7 acres of runoff were headed toward the harbor and 0.21 acres were headed toward the street. Under the revised plan, there is a 46% reduction in runoff headed toward the water. There are no changes to what was permitted regarding the seawall.

            Conservation Agent Doug Guey-Lee asked Davignon to comment on the temporary disturbance of laying down plywood to work on the masonry of the seawall.

            Commission Chairman Jeff Doubrava said the Order of Conditions will expire on August 2, 2025, per the original order as approved by the commission.

            Under Action Items, engineer Rick Charon appeared on behalf of Laurence Reinhart (East Avenue Trust) who requested a Certificate of Compliance at 17 East Avenue.

            Doubrava reiterated his comment from the commission’s last meeting in which he said, since he has served, the ConCom has not permitted vertical structures in the velocity zone.

            Charon proposed smoothing the side of the retaining wall causing the problem and sloping it in keeping with the commission’s requirement.

            The other deviations from the proposed plan itemized by Charon were not problematic for the commission, but he asked for the commission to put a hold on the matter while he discusses the recommended solution with the applicant.

            Walsh said the other retaining wall also needs to be altered to conform to the town’s requirements. He said that had Reinhart come before the current set of commissioners with the plan as built, it would not have been permitted.

            Commissioner Matt Schultz said raising the soil would be preferable to a structural alternation.

            Conservation Agent Doug Guey-Lee confirmed with Charon on the record that the request for a Certificate of Compliance be withdrawn and a Request for Determination of Applicability be subsequently filed with the recommended changes to the retaining walls on the property.

            In other public hearings, Elizabeth Luther was issued an Order of Conditions to reconstruct an existing stone groin within the existing, licensed footprint at 28 West Avenue.

            Commissioner Matt Schultz’s motion addressed land containing shellfish, fisheries and storm-damage prevention, and Shaun Walsh requested that 310CMR 10.274B be added to ensure sand is added so as to avoid starving the vulnerable side of the reconstructed groin.

            A busy man on November 1 with several projects to represent, Davignon explained that the stone groin is slumping and its 30-year license is due to expire. The proposal is to work back from the end of the jetty, deconstruct and rebuild the groin in its original form.

            With a coastal beach and coastal bank, Davignon said a rip-rap seawall is in pretty good shape and noted that the Division of Marine Fisheries had no comment. The work will be done in the spring. Davignon anticipates the project taking no more than two weeks to complete.

            Citing the probability that the groin will be reconstructed tighter than originally done, Walsh asked Davignon if he plans to bring in some additional sand to be up to the required performance of coastal beach. Walsh recalled a case (not in Marion) that adversely affected the downdrift side of the groin and resulted in a lawsuit against the property owner who rebuilt his groin. He suggested the applicant fill the area with sand.

            The West Drive Association was issued a Negative Box 2 and 3 Determination of Applicability, allowing its members to install a 3,300-foot, private sewer pipe to connect 10 existing, single-family dwellings to the municipal sewer system on West Drive and North Drive. The decision was conditioned with erosion-control measures.

            The project will feature trenching for installation of the sewer pipe and installation of sewer manholes along the way. Some of the land is subject to coastal-storm flowage, according to Davignon, the project representative who explained that wetland flags planted by LEC Environmental helped create the wetland line to determine the buffer zone.

            Dr. John Howard and Katherine Howard were voted a Negative Box 1 Determination of Applicability to achieve the finding that the stream located across the street is intermittent and their proposed addition is therefore not within jurisdiction. The stream connects a couple of cranberry bogs.

            Davignon, the Howards’ representative, said that while it was once considered a perennial stream, “it’s not anymore.” Having visited the site, Chairman Jeff Doubrava said that if it was a perennial stream, it was a long time ago.

            In other action items, the commission granted Dale and Laura Briggs a two-year extension permit at 23 Dexter Road.

            The commission discussed a request from the Planning Board for comment on the application of Sandra Peterson at 35 Dexter Road. The ConCom issued an Order of Conditions already.

            The commission discussed a request from the Zoning Board of Appeals for comment on the application of Eric Winer and Nancy Borstelmann at 18 West Avenue. ConCom: the entire site is jurisdictional and will be before the commission this month.

            Finally, Harbormaster Adam Murphy was asked to comment on complaints received by the town about an unpermitted float system at Saltworks, 288 Wareham Road. Guey-Lee said the only permit on record was from 2020 for construction of a boat-storage shelter.

            Murphy said he reached out to the owner, Dan Crete, regarding complaints that he was hauling large vessels across the shellfish beds. Murphy reported that Crete told him the boat ramp at the site had been long permitted. Crete reportedly said the float would come out.

            Commissioner Emil Assing suggested a site visit to determine what impacts may have been made, triggering an enforcement action. Murphy suggested it’s the commission’s mission to educate Crete as to the process for compliance without creating a bigger problem. Doubrava suggested Guey-Lee inspect the site and report back to the commission and check for a ramp license.

            The next meeting of the Marion Conservation Commission was scheduled for Wednesday, November 15, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

            The Marion Planning Board heard from Matt Sperry of Rochester-based sail supplier Sperry Fabric Architecture regarding the company’s plans for a parcel it bought in Marion.

            The continued Presubmission Conference held on Monday night at the Police Station for site-plan review for construction of a 30×90-foot metal storage building at 19 Marconi Lane (Map 24, Lot 13V) on property zoned as Limited Industrial focused the board primarily on roof runoff.

            “Stormwater management will be one of the most important things we want to look at,” said Planning Board Chairman Tucker Burr.

            Town Planner Doug Guey-Lee, attending remotely, asked about measures to deal with the discharge of water. Sperry anticipates a design that will include stone along the perimeter and runoff heading into a dry well.

            Sperry described the lot as “kind of … funny” and U-shaped but noted the lot is essentially clear, requiring removal of no more than a couple of small trees. It has been surveyed, he said, and is “tight but conforms to the setbacks.”

            The wetlands have yet to be delineated. The next step, Sperry said, will be to work on drainage and get the engineer’s plan.

            “We won’t be adding any workshop,” he said. “We’ll probably heat it, maybe a heated slab if we can pull that off.”

            The building will likely have a concrete foundation.

            Board members’ questions ranged from content in storage to activities on site.

            Sperry said the stored materials will be dried and prepared off site and be storage-ready upon delivery to the new building. “It’s our own stuff, mostly fabric and wood, in crates,” he said.

            Regarding flammability, board member William Dale Jones said the materials used in Sperry’s business are not a threat for combustion, and member Ryan Burke cited state regulations doing most of the work to ensure safety of the stored materials.

            “It all has to be approved by the state,” said Jones, insisting the materials stored are “not going to be flammable.” Jones went through his own permitting process and said “everything had to comply … I wouldn’t worry about the material. Everything now is made to conform, it’s tested.”

            Sperry said that he believes the building’s size does not trigger a requirement for a sprinkler system. Board member Jon Henry said the design will require approval of the fire chief anyway.

            Guey-Lee said the project “fits the criteria for major site-plan review, to be clear.” That noted, he also pointed out that the board can waive requirements from the roster of considerations, including a traffic study. Sperry said parking spots can be added on site.

            Board member Eileen Marum asked about the energy source for heat, specifically solar, heat pumps and roof and height and orientation. Marum noted that the town’s Energy Management Committee is trying to encourage people to use solar or heat pumps for any new construction.

            “Yeah, we would consider it. I’m a fan of solar,” said Sperry. “We’re happy to look into that. … Our building in Rochester has solar.”

            Guey-Lee encouraged the members to articulate any concerns and cover the questions.

            “If we haven’t asked for it tonight, we probably don’t want it or definitely won’t ask for it. That’s up to the board to decide,” he said. “A lot of it may not be applicable. It’s helpful for everyone involved to (establish) what we do want to see and take it from there.”

            One thing Burr thought appropriate – and the board voted accordingly – was to require Sperry to open a $500, 53G account for peer-review purposes should Marion need to bring in an expert.

            The subject of visual screening was briefly addressed, and Marum noted abutters include Sippican Health Care Center, Marion Village Estates and a couple of other private residences.

            Board member Alanna Nelson asked Sperry to inform the abutters and establish a layout of the access, a list of abutters and note on the site plan the location of the closest fire hydrant (they believe it to be on Atlantis Drive.) Sperry said he can access the lot from Atlantis Drive or through a set of stone pillars.

            The board intends to waive the environmental assessment and traffic study that goes along with major site-plan review.

            Citing the possibility of PCB’s (chemical compounds), Henry asked Sperry if he knew of any former building or use of the site, which he did not.

            The board unanimously voted to require major site-plan review and deposit of $500 in a 53G account.

            A 50-year-old permanent pier ramp and float at 35 Dexter Road will be replaced after the Planning Board voted to grant Sandra Peterson a Special Permit.

            Attending the meeting remotely, project representative Brian Wallace explained that the proposed 72×4-foot, pile-supported pier will be permanent with attached ramps and a float that will be removed seasonally.

            The Marion Conservation Commission issued an Order of Conditions for the project in October, and the Harbormaster approved the plan.

            Asserting that the new construction will pose no adverse impact on recreational use of waters and is consistent in its design with those attached to several abutting properties, Wallace explained that “float stops” will prevent the float from resting on the bottom of the river.

            “We’re completely avoiding any marsh,” said Wallace, explaining the initial proposal for a pier measuring 90.5 feet in length. He said going farther out minimizes the amount of dirt kicked up from the surface but that the location of boulders also affected the design. “We did an additional survey (to) make sure we weren’t causing any issues. The float stops are a very important part of this project.”

            Wallace added that the Harbormaster requested a donation to shellfish propagation, “So the applicant will certainly be doing this.”

            Pilings that will go 8 feet deep are likely to be made of non-pressure-treated wood, though Wallace said some aspects of the design have been “left a little open ended.” He did not rule out the use of fiberglass but said they would most likely be made of timber. “No Styrofoam material,” he said.

            Any deck material cut on site will be done on the upland portion of the site. The float will be constructed off site and hauled to the site.

            Marum asked about the dock’s geographical orientation, noting that an east-west layout causes “all-day shading” and “poor water quality for vegetation.” Wallace said there has historically been no natural grass in the immediate area, nor is there eel grass.

            Wallace described the layout as more “northeast-southwest … we kept it pretty consistent with the shape of the shoreline,” he said, adding that the pier deck is proposed at 6.5 feet in height with a high-water mark of 5 feet. Burke confirmed per the state’s Chapter 91 requirement that there will be a ¾-inch gap between panels to let light pass through.

            Nelson questioned the size of the float (12×20 feet) as compared to other neighboring floats. Wallace said 18 feet is a standard length.

            Nelson also asked for a change in Guey-Lee’s prepared decision to use the October 24 plan rather than that dated September 20 due to the revisions.

            Marum was less than pleased that she had not seen the decision in print until arriving for the public hearing and suggested the board take more time to look it over. Guey-Lee apologized for not giving more time and noted the board could vote to continue the case. “I think we’re still in our time frame to approve something like this,” he said, elaborating on the key components.

            Marum held to her contention that a decision was premature “because of these details that we really shouldn’t make this decision this evening. We may find other things that should be changed.”

            Burke said he was okay approving the project given the rigorous Chapter 91 requirements.

            Marum abstained from an otherwise unanimous vote of approval. Andrew Daniel was not present on Monday.

            At the request of developer Matt Zuker, the continued public hearing for a Special Permit and major site-plan review for 78 Wareham Road, Zuker’s “The Cottages” residential project off Route 6, has been continued to December 4 at 7:05 pm.

            In other business, the board voted to pay Field Engineering $4,500 for consulting work relating to 78 Wareham Road.

            The board also discussed a request by the Zoning Board of Appeals for comment on the case of Eric Winer and Nancy Borstleman at 18 West Avenue (Planting Island.) Guey-Lee said the project is headed to the Conservation Commission. The Planning Board offered no comment.

            The next meeting of the Marion Planning Board is scheduled for Monday, November 20, at 7:00 pm at the Police Station.

Marion Planning Board

By Mick Colageo

            The October 26 meeting of the Mattapoisett School Committee heard a presentation on MCAS testing data that was generally encouraging, but the committee did not shy away from efforts to pinpoint areas where it can help facilitate improvement in weaker areas.

            The summary of scores were as follows: 530-560 Exceeding Expectations, 500-529 Meeting Expectations, 470-499 Partially Meeting Expectation and 440-469 Not Meeting Expectations.

            Student Growth Percentiles (SGP’s) were issued to students having registered prior scores and having met current grade-level requirements on a 1-99 scale and are measured against the state’s mean SGP. English Language and Mathematics are counted but not Science.

            Dr. Shari Federowicz, assistant superintendent of Teaching and Learning, identified three statewide trends for ORR District consumption: English Language Arts (ELA) and Mathematics is in a recovery stage, while Science achievement has shown a slight decrease; Grade 3 (Kindergarten kids in 2020) show flat results; and while “recovery” may show improvement, “achievement” may not improve.

            Mattapoisett has steadily been above the state mean but also shows a dip from 2022 to 2023.

            Dr. Linda Ashley, principal at Center School, gave an overview of scores among Grades 3-6, which had ELA and math recovery and achievement scores higher than the state mean and Grade 5 Science scores above the state level. Ashley said ELA has work to do but is in an encouraging place post-pandemic.

            She pointed out that determining the areas of punctuation is an area of challenge and also determining the meaning of words in context.

            Old Hammondtown Principal Kevin Tavares said that Mattapoisett’s Mathematics accountability is in the top 12% in the state. He said that, although the district’s scores are flat, “our students perform at a pretty high level.”

            Among 10 categories in which Grade 4 students were measured in math, the only area Mattapoisett fell below the state average (and only slightly so) was in understanding fractions and the properties of multiplication.

            In Science, 65% of Mattapoisett Grade 5 students met or exceeded expectations.

            Going forward, action steps are already being taken with the implementation of the district-wide HILL for Literacy program.

            In math, Tavares gave an overview of several areas where Mattapoisett students are testing well above the state mean. Action steps include progress monitoring with Aimsweb Plus, Go Math! and teacher-made assessments.

            Curriculum will be modified and realigned to meet pacing needs.

            While the committee’s sentiment was that everything’s going in the right direction, Grade 3 was identified as lagging particularly in math.

            Committee members Cristen Cowles and Chairperson Carly Lavin articulated a desire to help make the students as confident as they can be in learning and entering exams. While acknowledging that she doesn’t want to coach kids to tests per se, Lavin recognized areas where students can do better. Lavin said she would like to see more explanation in homework, students explaining how they arrive at their answers to questions in math assignments, for instance.

            After further discussion, ORR Superintendent of Schools Mike Nelson sought to reinforce perspective by applauding the stakeholders’ effort to look at the more difficult test results by reminding the committee and administration that they are third-grade children.

            “I don’t want to diminish the conversation on pushing in areas that we can improve, but it’s important to talk about the whole child,” he said.

            Lavin acknowledged Nelson’s point, adding that what a third-grade child looks like today differs from what it was in 2019.

            Nelson presented a 2024-25 Draft School Calendar and said having it earlier than in recent years has allowed for more planning. He said he hopes to have a calendar ready for the Joint School Committee’s vote in January.

            Lavin asked for feedback from committee members on the proposed calendar.

            Nelson said a key piece of feedback he has received from faculty is that two full days of professional development before the students arrive at the start of the school year has been beneficial.

            In his business report, Assistant Superintendent of Finance & Operations Howie Barber told the committee the district has approximately $968,000 of “unobligated funding.”

            In her Chairperson’s Report, Lavin noted that the system’s youngest learners have spent half of their lives under the unusual circumstances of the global pandemic and that the committee appreciates the efforts of the ORR Administration and faculty and staff to mitigate that situation for the children.

            Recognizing his plan to retire at the conclusion of the school year, Lavin singled out Tavares’ commitment to the students that “will live on for years to come” and got some laughs when she called her remarks “the first of many opportunities” to laud him. Nelson piled on.

            Given the floor, Tavares thanked the Parent Teacher Association for its support to Grade 5 students in their recent trip to the Boston Tea Party Museum. He also noted that Old Hammondtown has the most students participating in Project 351 in the ORR District.

            Cowles said there are areas where preschoolers can use some extra help.

            The next meeting of the Mattapoisett School Committee is scheduled for Thursday, December 7, at 6:30 pm at Center School and remotely via Zoom.

Mattapoisett School Committee

By Mick Colageo