Laurence and Janet Reinhart received an Order of Conditions at the May 10 Marion Conservation Commission meeting, allowing the applicants to add new bay windows and a new door, landing and stairs, along with installation of a new masonry patio, removal and installation of a retaining wall, removal and replacement of an existing concrete boat ramp, and plans to regrade, loam and seed lawn areas at their 13 East Avenue property.

            The order was conditioned with the placement of hay bales or silt fencing.

            During the public hearing, Representative Rick Charon reviewed a history of applications at the site dating back to 2004. A current Chapter 91 license held by the applicant would require further review, but Charon told the commission its approval was the first step.

            Commissioner Shaun Walsh identified proposed work seaward of mean high water as “the principle concern” of the commission.

            Asked for comment, Conservation Agent Doug Guey-Lee stated that his concerns with the project were met and that he would write a decision addressing the commissioners’ Chapter 91 license question.

            The commission voted the Town of Marion Department of Public Works a Negative Box 2 and Box 3 Determination of Applicability, approving plans to install approximately 40 feet of granite safety-barrier berm 18-inches thick at Old Landing Wharf off Front Street.

            Jody Dickerson, director of operations for the DPW, explained the project for the horseshoe-shaped boundary at the south pier. “In the past years, cars have gone off the edge there into the water, so it’s more of a safety issue for us and the town,” he said.

            The granite being used for the project was formerly used for the steps to the Spring Street entrance to the Town House prior to its recent renovation. Dickerson said all the work would be done on the pavement side of the edge.

            William Washburn was voted a Negative Box 2 Determination of Applicability, approving his plan to place fill within land subject to coastal storm flowage at Washburn Lane.

            Represented by Brian Grady of G.A.F. Engineering, Washburn is looking to fill the site that is situated partially within the 100-year flood zone. Conservation Commission approval, said Grady, is the first step in a process that will necessitate FEMA approval. Following commission approval, Grady said the plan is to get FEMA to remove the site from the flood zone for the future construction of a home.

            Roger Tenglin sought clarification on an Order of Conditions issued him on April 12 and will be allowed to use concrete from his construction site as fill under his new driveway at 88 Indian Cove Road.

            The commission also voted Claire Beiver a full Certificate of Compliance for work done at 44 Oakland Avenue.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, May 24, at 7:00 pm at the Police Station.

Marion Conservation Commission

By Mick Colageo

            Engineers Kent Nichols and Rebecca Mongada appeared on behalf of consulting firm Weston & Sampson at the Marion Select Board’s special meeting on Monday night at the Music Hall for a public hearing on the town’s Comprehensive Wastewater Management Plan (CWMP.)

            While regionalizing sewer with the Town of Wareham lingers as an option, Weston and Sampson recommended a 20-year plan of internal upgrades featuring but not limited to connecting three key areas of Marion to town sewer.

            Of Marion’s 11 unsewered areas, Weston & Sampson recommends phasing in sewer to six of those areas over time to spread out the financial impact. The areas recommended against connecting to town sewer total between 30 and 50 residences, according to Nichols.

            Nichols noted that since the Marion Board of Health’s recent bylaw requiring any changed septic system to include denitrification technology, the state has proposed statewide identification of “nitrogen-sensitive” areas that would require “even remedial” systems to upgrade to include denitrification.

            “That means a lot of cash investment for people who feel like their own septic system probably works really well,” Nichols said. “And it won’t be up to you – the period that was stated was five years. Those ‘regs’ are still in flux a little bit, and the planning continues for that. And Marion was not in the first wave, the first wave addressed Cape Cod. But certainly, the nitrogen-sensitive areas around Buzzards Bay were a close second in that process, and we have taken those potential regulations into account while as we’ve thought about this.

            “We do hold back the possibility of doing some localized treatment in the event that we need to look further at options beyond just connecting everybody to the sewer system.”

            Grouping the potential sewer-expansion areas into three main sections, Nichols identified River Road and Wareham Road (Route 6) as a relatively small area, the next-bigger being the Aucoot Creek/Lower Mill Street area just south of the Wastewater Treatment Plant, and the largest area containing Lower Sippican Neck, Wings Cove and Piney Point with Planting Island.

            “If we did all of those at once with a single sewer project, that would cost about $24,000, 000,” said Nichols, who displayed a chart breaking down cost for each area under consideration. “These costs are all over the place.”

            Because of their locations, the cost variety is great. The River and Wareham Roads area would cost $28,000 per unit connection, but along Lower Sippican Neck, the per-home connection cost would spike to $120,000. Thus, Nichols explained, Weston and Sampson’s effort to package areas to make sewer costs more affordable.

            “What we’re basically doing is, by ‘sewering’ these unsewered areas that are along the coastline, we’re going to take a lot of nitrogen out of the surrounding waters,” said Nichols. “We’re going to treat it to the highest degree possible by bringing it to the (Water Pollution Control Facility.)”

            Nichols said Marion’s WPCF rates are among the best regionally in treating for nitrogen.

In a comparison of alternatives for the WPCF, Weston and Sampson identified two levels of process improvements costing $11,000,000 or $13,000,000, groundwater discharge or outfall relocation to a salt marsh at $16,000,000, and finally a $76,000,000 regionalization with Wareham.

            Capital improvements recommended for the WPCF include process at $4,500,000, ancillary at $6,300,000 and biosolids at $2,000,000.

            Supplemental groundwater discharge is recommended as a backup plan in the event Marion cannot achieve an increase in its permitted capacity.

            In summarizing recommended capital improvements to Marion’s CWMP, the existing collection system would cost $4,500,000, existing pump stations would cost $12,600,000, sewer extensions $24,000,000 and the WPCF and treatment system $13,000,000, totaling $54,000,000.

            “I would just warn you that if we implement this plan over a 20-year period, your ultimate total cost will be a little higher than that,” said Nichols. “The big picture on implementing the plan is pretty much straightforward. It’s a 20-year plan. We envision, if you’re going to do it right and spread the costs out enough, probably you’re going to spend most of that 20 years spreading out those sewer extensions and getting people connected to the system.”

            The recently completed lining of Lagoon 1, said Nichols, provides the town an option to store biosolids while prioritizing more immediate needs.

            The next step for the town is finalizing discussions with the Environmental Protection Agency and the state Department of Environmental Protection on Marion’s National Pollutant Discharge Elimination System (NPDES) permit.

            Crediting the work that Department of Public Works Director Becky Tilden has done, Nichols told the meeting that the town was very successful in procuring Coastal Zone Management grants.

            “As such, the Creek Road improvements have been designed,” said Nichols, noting that the design has sat for a couple of years. “We did make the priority list for the state revolving-fund program this past year, which was a positive factor, but that’s not a lot of funding so the town right now is awaiting word from the third or fourth round of reviews being done on a federal FEMA grant, the Hazard Mitigation Grant program.”

            A few weeks ago, Nichols interacted with Nathaniel Munafo, who manages Marion’s Wastewater Treatment Plant, and reported encouraging notes.

            “And that could result in as much as a 90% grant for a $3,000,000 construction project, so a lot of work by the town, DPW and the Sewer Department has been done to try to continue the chase funds for that,” he said.

            Pump-station upgrades are a key piece to the overall plan.

            “We do recommend … and have been moving forward on evaluating all the sewer force-mains,” said Nichols. “Each pump station pumps through a pressurized line to get the flow from the pump station to the gravity sewer system in different locations. In Marion’s case, virtually all of those stations, that is a single, pressurized line. And recent events in different communities have shown that the use of single force-mains becomes more and more risky, and some of the pipe conditions have been very notable.

            “Some of you may be aware of a project in Plymouth a couple years back when their one pump station force-main that went to their treatment plant broke, and the town, I think, was in it for over $50,000,000 to $60,000,000 worth of emergency repair costs.”

            Marion, said Nichols, is trying to stay ahead of such risk to the tune of $2,000,000 budgeted. The town’s Front Street force-main, he said, is part of the treatment plant cost.

            In tracking infiltration and inflow (I/I), Nichols said that the 2017-20 rate of 550,000 gallons per day has dropped in its fifth year to a 515,000 average. In the dry, summer months, Marion generated under 300,000 gallons per day.

            When the floor was opened to public comment, former Select Board member John Waterman requested a user-friendly summary of the report accessible at marionma.gov. Nichols said Select Board member Norm Hills has crafted an executive summary; Waterman clarified his request for printed copies for interested residents.

            At Waterman’s request, Nichols noted that the town has negotiated terms with the developers of residential projects near the Wareham line to mitigate Marion’s I/I expenses relative to those sites.

            Also at Waterman’s request, Nichols explained that “SBR” stands for “sequencing batch reactor” and that the sludge removed from Lagoon 1 was actually biomass used in the process of breaking down sewage.

            Waterman pointed out that the daily inspections conducted on the town’s pumping stations by Munafo’s staff are a safety hazard to the workers and commended them for their effort. Nichols said that safety matters are addressed in the finer details of the proposed CWMP.

            The Select Board voted to close the public hearing and adjourn the meeting.

Marion Select Board

By Mick Colageo

            Rochester’s Annual Town Meeting Monday decisively rescinded the town’s participation in the state’s Green Communities program and the town’s Stretch energy-efficiency-minded building codes that officials say are an overly expensive requirement of being a part of the Green Communities program.

            When introducing town voters to Article 27, Select Board Chairman Woody Hartley explained the town received $500,000 of Green Communities grants to upgrade the energy efficiency of lighting at Town Hall and Rochester Memorial School when the town joined the program in 2018.

            “But that was just the low-hanging fruit we were getting,” he said. “It’s gotten worse since then.”

            Hartley said the current Stretch code will alter the cost of a homeowner’s simple renovation plan big time.

            Planning Board members said that under Stretch code requirement, homeowners would have to install electric-car and solar-power circuitry for a simple, two-car garage renovation, and they added that current plans to rebuild public-safety facilities in town would also be much more expensive.

            Planning Board member Ben Bailey noted this move started as a citizens’ petition article that he helped initiate, and he commended the Select Board and the town for agreeing to the idea to discontinue participation. He stated proudly that while Rochester is the first town in the commonwealth to reject Green Communities program participation, “since we started,” he said, “It’s catching on in other communities.”

            One resident asked if it was too soon to take this step before seeing how efficient new municipal buildings could be in terms of saving energy and energy costs. Hartley said Green Communities experts were invited to Town Hall to explain the program benefits.

            “They had no answers,” Hartley noted. “It’s complicated, they said. They don’t have their act together.”

            Planning Board Chairman Arnold Johnson said that under the Stretch code, the proposed renovation of the police station and construction of a new fire station will require more expensive double-pane windows and electric-vehicle receptacles in the public-safety bays “even though there’s only one EV fire engine in the entire state.

            “This town still has common sense,” Johnson said. “This program has outlived its usefulness. It’s time to get practical.”

            Voters punctuated their motion to terminate Green Communities program status and the town’s Stretch code with a loud round of applause. Bailey would later motion to have the petition article on the matter “postponed indefinitely.”

            It came near the end of a May 22 Annual Town Meeting held in the Rochester Memorial School cafetorium that attracted a record turnout of over 183 attendees that approved a $25,000,000 FY24 operating budget.

            Before the ultimate approval of Article 4 (the FY24 Operating Budget), Select Board member Paul Ciaburri motioned that the Town Hall Account be raised from $548,521 to $553,000 to add a Selectmen/Town Administrator Executive Assistant position that the other two Select Board members had previously cut from the budget.

            Hartley and Brad Morse had argued, as the warrant came up for their approval, that no one had discussed the plan for the new position with the Select Board in advance, and they wanted more time and needed more funding than budgeted to consider a new job that would be under the Select Board’s jurisdiction.

            At the time, Ciaburri explained he feels that elevating the duties and compensation of the Board of Selectmen/Town Administrator’s Administrative Assistant to an Executive Assistant level was the right thing to do because of that person’s workload.

            Voters defeated his amendment by a tally of 160 against and only 46 yes votes.

            Later in the meeting, an article proposing that the town clerk be changed from an elected position to one appointed by the Select Board failed under a loud “No” vote. Prior to the vote, Hartley encouraged approval by noting the position of town clerk has become more complicated and more critical in recent years.

            Town Clerk Paul Dawson is retiring from the position due to health reasons, he said, and there is only one candidate (Marjorie Barrows) on the May 24 election ballot.

            Ciaburri swayed voters against the proposed change when he told them, “You kind of lose your say with this town position if it goes to being appointed by the Select Board.”

            Town Counsel Jay Tallerman explained later that the question on the May 24 Election Ballot asking whether the town clerk should remain elected or become appointed will remain there, but its vote tally will not override Town Meeting’s vote.

            Article 5, to set the spending limits on revolving-fund accounts, sparked a question from a resident: Why was $18,000 for the Country Fair still listed when the annual town event has been closed down? Finance Director Suzanne Szyndlar explained the town has just $18,000 in that account and including it in the spending-limit vote will allow the town to use that money, which is being planned for awarding scholarships.

            Article 6 spent just $300 for recurring environmental and natural resources expenses, the planting of shellfish in Marion. Article 8 sent $300,000 to the Stabilization Fund. Article 13 spent $208,532 of Capital Planning funds on capital needs for the Fire, Park, Highway, Library departments and the Rochester Memorial School.

            Article 14 began a new Matching Grants Fund with $100,000. Town Administrator Glenn Cannon explained the town will now have a fund to draw from when it receives a grant that requires a match of town funds.

            Voters approved Article 15 authorizing $500,000 of indebtedness for Old Colony Regional Vocational-Technical High School’s feasibility study of possible renovation and/or construction of the Old Colony school facility after Superintendent Aaron Polansky explained that Rochester’s portion will be $100,000 with the total to be split among the region’s five member towns. The vote, he said, is to support incurring the debt.

            A new Veterans Tax Work-Off Program was approved with Article 24, under which veteran “volunteers” will be able to provide their service to the town as a reduction to their tax bills. The maximum reduction of real property tax will be based on 125 service hours in a given tax year rather than $1,500 of tax debt.

            Article 25 approved the assessors to enter into tax agreements with new solar photovoltaic facilities at Cushman Road, Featherbed Lane, Braley Hill Road and 523 Snipatuit Road. Article 28 rescinded the temporary moratorium on marijuana retail establishments, and Article 30 removed the Orderly Development provision of the zoning bylaw.

Rochester Annual Town Meeting

By Michael J. DeCicco