In a hearing room crowded with residents, Rochester’s Park Commission opened and closed quickly a rare Monday morning meeting on December 23.

            The lone agenda item of note read “Review Open Meeting Law complaint filed by Charles Morgan on 11/12/24”. Commission chair David Hughes announced the purpose of this meeting was a request to the Attorney General to answer a complaint.

            Then, without further deliberations or comment, Hughes motioned to adjourn, and the meeting members dispersed, leaving attendees dissatisfied. Hughes further declined to elaborate to the Wanderer as he left the meeting room.

            At issue is an Open Meeting Law complaint Morgan filed regarding the Commission’s deliberations over the construction of a new children’s playground at Gifford Field using funds donated by the local, private non-profit group “Tri-Town For Protecting Children.” The basic claim is that the commission conducted these discussions without proper notifications to the public in meeting postings and minutes. “Agenda June 26, 2024, No mention of Playground,” Morgan’s complaint reads. “Yet minutes show discussion took place. Agenda July 2, 2024 ‘To Discuss Playground. Is this ‘New Business’ or ‘Old Business’. There are multiple playgrounds in town, which one will be discussed? Poor details, yet it is on the agenda.”

            The underlying concern here, as expressed by residents in previous Park Commission meetings, is that the playground plan quickly became a done deal without the chance for more than one private group to contribute toward the proposal or for the town to create a larger master plan for the park.

            Hughes had argued in past meetings that this plan to rehabilitate the playground is long overdue and the board can add more equipment with future donations. “We’ve wanted to do this for a long time,” he said. “We’ve been held back by funding. We are doing the best we can with what we have.”

On December 23, as unhappy attendees exited the meeting, Morgan said, “There should have been a resolution to this issue. Instead, there was no response to the matter at hand.” Morgan added he was unsure what he would do next.

            Town Administrator Cameron Durant clarified that the town is addressing the complaint. “Town Council will address it,” he said. “I don’t know why he (Hughes) did not discuss it further, literally. That’s not to disparage him. I haven’t spoken to him.”

Durant elaborated, “This issue needs to be addressed fairly and quickly. And I will assist with addressing this matter as best I can.”

            The 3,649 square-foot playground’s full cost will be $81,724.68. While half of that cost is being borne by the local non-profit “Tri-Town For Protecting Children”, the other half is being paid for with the town’s ARPA (American Rescue Plan Act) funds.

Rochester Park Commission

By Michael J. DeCicco

The Mattapoisett Zoning Board of Appeals met Thursday, December 19 to go over their three cases.

            The first, Case 1552, was the request for a Special Permit for the construction of a 14×20 deck on 32 Barstow Street. Both residents have hip problems and would like a deck that is level so they can go outside more easily. They are third-generation owners of the house and would like to maintain ownership while not adding excess difficulties to their lives as there is a slope on the property. The case was accepted unanimously and the permit granted.

            Case 1553 was for a 9’ 17”x16 post-supported deck on 7 Nashawena Road on Plot 15A, Lot 140. A Special Permit is requested for the deck and to make the front steps compliant as currently they are too steep. Much work has been done to renovate the property over the last four years though abutters have denied requests for a deck thus far. The request for a permit was accepted unanimously.

            Case 1554 was to convert an existing garage to living space. The hearing for this case was postponed to January as no one was present to give a presentation on the request.

            The next meeting of the Mattapoisett Board of Appeals will be held January 16 at 6:00 pm at the Mattapoisett Town Hall.

Mattapoisett Zoning Board of Appeals

By Sam Bishop

            The Marion Conservation Commission met Wednesday, December 18 in the Marion Police Department’s conference room. They first approved meeting minutes from December 4’s meeting before moving on to their agenda and action items.

            The first hearing was for 63 Oakdale Ave. for the construction of a residential pier facility. The proposed pier will start parallel to the existing sea wall and run approximately 136 feet out into Briggs Cove. This length was chosen to give about 20 inches of water at low tide. The pier would function as an “association pier” for adjacent 61 Oakdale, though it is being filed solely under owner Derek Maksy’s name. 

            For wildlife safety, four conditions were requested by National Heritage. The first being a time-of-year restriction on construction between November 15 to June 30. This is to protect the Northern Diamondback Terrapin. The second is to supply a compliance report within 30 days of completion of work. Third is to contact the division with a written response regarding any possible impacts to the habitats or resource areas. The fourth and final request is for authorization duration where authorization is valid for five years where insurance work can be completed.

            It was also stated the impact of the pier would affect shellfish, oysters, coho, and clam habitats and breeding/spawning. This is especially prevalent due to the increased boat and dredge usage needed in the area for construction. It was stated that this heavy machinery is not being proposed for construction.

            Concern emerged from abutters and those who are often on the water as to the effect on the narrow waterway in the bay. It was stated the channel has roughly 400 feet of clearance during high tide. The hearing was concluded with most in attendance seemingly okay with the pier, so long as some more questions are answered, and guidelines are followed. Later in the meeting, it was said 63 Oakdale should have a house inspection as permits granted by the commission in the past may not have been followed to the present.

            The next hearing was for the removal and replacement of a front porch at 28 Pinewood Drive. The house used to be handicap accessible with a ramp on the porch. The plan would be to rebuild the porch using the same skeleton/framework while adding steps in place of the bottom of the ramp. That hearing was ended without question for the commission or the public. A motion was later passed to issue a negative Determination of Applicability as a notice of intent was not found to be needed.

            The commission went on to discussion, where they touched on the 694C Mill Street revised restoration plan and requested some deadlines be put in to know the estimated time of completion for the work, as there is no date estimate currently. They then discussed Phase 2 of work on Boatyard Park where surveying has been done. The commission wants to add signage and to make the park more accessible to the public. The property is also a habitat for the Diamondback Terrapin and their egg laying, which would be affected by increased traffic.

            The commission stressed they needed to “stay on top of” active permits, as in, they will follow through when granted and make sure their guidelines are being followed and enforce them more readily.

            The next meeting of the Marion Conservation Commission will be held on January 8 at 7:00 pm at the Marion Police Department.

Marion Conservation Commission

By Sam Bishop

A primary topic of discussion at the Select Board/Water and Sewer Commissioners December 17 meeting was the draft language for the Historic District Bylaw expected to be on the town Warrant in the Spring.

            Historical Commission members Ben and Meg Steinberg were present to answer board members’ questions and concerns. Some of these dealt with understanding or clarifying requirements on new construction and additions to existing homes. Others focused on how the site will accommodate longstanding maritime and commercial entities within its bounds, and the importance of gaining community support prior to the ballot question.

            The Commission plans to reach out to the 300 or more homeowners in the proposed district with a mailing on January 2, announcing a targeted informational forum on January 15.

            On February 18, they will hold a public meeting for the entire community at the Council on Aging. This is intended to familiarize residents and others with the project and its benefits, answer questions and address any concerns.

            The Board supported these and other outreach efforts on the part of the Commission.

Action Items addressed at the meeting included:

            Approving an easement on Benson Brook Road allowing Eversource and Verizon to install a utility pole; declining a request for a water/sewer abatement at 44 Rock Nook Road; approving Vice-Chair C. Burr to serve as delegate to the Mass Municipal Association upcoming meeting; and approval of a water/sewer commitment of $697.18 based on final readings on December 12.

            The approval of water/sewer lines was approved while raising discussion on current policies in this area. It was noted that there appears to be a pattern of recurring liens for some residents, and that the current policy that allows residents to convert water/sewer liens to their real estate tax obligation serves to benefit the homeowner and diminish needed revenue to the commission. The Board and Gorman agreed that this policy needs to be researched and addressed to determine if there are other options.

            Administrator Gorman, in his report, said that the Holiday Stroll was a huge success that got enormously positive feedback, personally and online, such as “amazing,” “beautiful,” “a Hallmark movie!” He added that it was recorded in its entirety and can be viewed on the TVs in the Town House.

Gorman then noted that 2025 resident stickers – whether for beach parking, refuse, or shell fishing will be moving from the Town House to the new Harbormaster’s office once it is open for activity.

            He closed with an update on holiday office hours. Town offices will close at noon on Tuesday, December 24 and reopen on Friday, the 26 at the usual hour. Likewise for New Year, closing at noon on December 31 and reopening on January 2.

            The meeting adjourned at 6:50 pm.

            The next regular meeting of the Select Board will be on Tuesday, January 7, 2025 at 6:00 pm at the Marion Town House.

Marion Select Board

By Mary McCann Fiske