Rochester’s Zoning Board of Appeals on July 27 shot down Building Commissioner Paul Boucher’s Cease and Desist order against the operation of a transportation company at 15 County Road.

            In response to an appeal of that order filed by homeowner Scot Machos, the ZBA overturned what Boucher said he issued after responding to a neighbor’s complaint and concluding that, under town bylaws, the resident’s transportation business was not an allowed use in a residential zone.

            Abutter Christine Murphy of 19 County Road said she and her husband lodged the complaint because of what they see daily. The driveway of 15 County points at their window, and Murphy said Machos and his family are constantly going in and out of their driveway and making noise while vacuuming and cleaning their vehicles.

            Machos said he utilizes three non-commercial, hybrid Toyotas for his transportation business. The drivers are all family members, and all the transportation work is done off site. Town Counsel Elizabeth Lydon said the bylaw allows home businesses, and tradespeople may park their work trucks at their homes. What to look for, Lydon said, is when employees, people who don’t live there, visit the address as part of the business.

            Zoning Board member Michelle Upton paved the way for the board’s decision by noting the resident does have a right to run this type of business from his home if the majority of the business is done off site. “I don’t see anything that goes against this bylaw,” Upton said.

            Board member Donald Spirlet said he agrees with Upton and wished Boucher had given further explanation of the reasons for his decision. Yet, Spirlet added, he might have made the same decision if he were the town’s building commissioner. “His job is to look at things in black and white,” Spirlet said. “For us, it’s more about the intent and the subtleties.”

            The final motion to overturn the building commissioner’s Cease and Desist order passed unanimously, 5-0.

            In its next major business of the evening, the board responded cautiously to Town Planner Nancy Durfee’s proposal to establish a four-member, By-Law Review working group to help rewrite and refine the town’s sometimes-problematic zoning regulations.

            On July 24, Durfee told the Rochester Select Board her vision is of a small group, rather than a formal committee, working to revise and correct problems within town zoning regulations. It would include a member of the Planning Board and the Zoning Board of Appeals, herself and the building commissioner.

            At the July 27 ZBA meeting, Chairman David Arancio noted fellow member Richard Cutler has already served as a bylaw review committee chair. He said he, too, is interested in revising to improve these regulations. But he questioned the size and scope of Durfee’s plan, which is to create an informal working group, not a formalized committee. He said the plan needs further discussion.

            Clearly frustrated by the board’s response, Durfee said she sees this as the best way for the two boards with different approaches toward zoning regulations, the Planning Board and the ZBA, to revise and refine the bylaws to prepare the town for its future development.

            “I’ve been here two years, and I had already envisioned bylaw changes that are needed,” she said. “A small group is the best way to work. I have 20 years’ experience. I’m here to help this town, not change the world. A 40R development is coming to town. You need to know what kind of development you want.”

            Durfee acknowledged that she has already enlisted the help of ZBA member Thomas Flynn for this effort and added that she would keep formal meeting minutes if that is what town officials prefer.

            The meeting adjourned without a specific plan of action. “We will be continuing discussion,” Arancio said.

            Before adjournment, the ZBA approved a new building permit denial sheet created by Boucher, the building commissioner and zoning officer. Arancio was appointed as ZBA chairman for another year’s term, and Thomas Flynn as vice-chairman.

            The Rochester Zoning Board of Appeals’ next meeting will be held on Thursday, August 10, at 7:00 pm at Town Hall, 1 Constitution Way.

Rochester’s Zoning Board of Appeals

By Michael J. DeCicco

            The July 27 public meeting of the Marion Board of Health saw an involved discussion about denitrification technology in new septic installations but not in reference to the public hearing listed on the meeting agenda.

            A public hearing for a variance request at 25 West Avenue was continued to August 24 (4:15 pm) at the applicant’s request because abutters to the property in question had not been notified within the required 10-day window, but design engineer Rick Charon would later appear at the Police Station to address the board.

            Charon apologized for the continuance of the 25 West Avenue public hearing but asked if he could update the board on an abutting East Avenue property.

            Without a public hearing to open, Dr. Ed Hoffer, presiding over the meeting in the absence of Board of Health Chairman Dr. John Howard, allowed Charon to provide an update in which no variances are being sought.

            Charon told the board that Marion’s building inspector told him that the East Avenue lot is valid as a building lot “if you can fit something in there.” However, he reported that regional septic expert George Huefelder sent back the initial design of a three-bedroom house as lacking demonstration that the required, full-size Title 5 system can fit within the lot.

            “I guess that’s something that tends to prevent you from just going into small lots and overdeveloping it by using that 50% area reduction for the secondary treatment,” said Charon.

            The solution is to scale back the design to a two-bedroom house, which meets the septic-system capacity needs. “Two-bedroom house at 165 gallons per day would be 330 gallons based on a 10-minute perc that would take 550 square feet,” Charon explained.

            The required 20-foot setback only leaves room under the front side of the house for a 4-foot-wide crawl-space area that Charon said could be used to bring in utilities. The system in this design reduces what would have been a 10×55-foot leaching field to 8×36 feet.

            “It gives us at least one end of the house that doesn’t have to be up on piers. Everything else would be up on piers to meet the setbacks from the leaching field and from the septic tank,” said Charon.

            The inclusion of a denitrification unit perplexed board member Albie Johnson, who has stated his opposition to Marion’s recent septic bylaw requiring denitrification technology in any new septic installation.

            “So … the new homeowner is going to become a sewer superintendent on his own, whether or not he likes it,” said Johnson. “Nobody’s come up and told me that there’s a problem with nitrogen in the ground water in the Town of Marion. Matter of fact, they couldn’t find any.

            “And they’re telling us we have to (require denitrification systems), but actually we don’t. We can remove that regulation from the Marion Sanitary Code just as easily as it was put in.”

            Charon deferred to the Massachusetts Department of Environmental Protection and its ongoing effort to identify nitrogen-sensitive areas on and off Cape Cod. Although DEP’s effort to enact a regulation requiring denitrification upgrades to existing septic systems has been met with substantial pushback, Charon is operating on the presumption that DEP will eventually see through its goal.

            Johnson called Cape Cod a “sand box” and said it “has a completely different type of water-table problem.”

            “It doesn’t mean they’re not testing Buzzards Bay,” said Charon.

            Johnson said that Marion took 500 septic systems offline when it extended the sewer system. Hoffer questioned that number.

            The exchange bordered on debate in an ironic juxtaposition of the two stakeholders, the municipal government official arguing against the applicant’s more-expensive septic design.

            In reiterating his intent on compliance with current regulations, Charon said, “Frankly, the more we work on these, the more we’re saying, ‘this is what we’re going to be seeing up and down Buzzards Bay, we think, in a matter of years,’ because it’s seems like the DEP has set all of this thing into motion, and it’s just waiting on the designation of these nitrogen-sensitive areas. And, as soon as they have enough to show that, they’re going to pull the trigger on Buzzards Bay.”

            Johnson reiterated his contention that the state has been unable to produce the necessary data, calling Charon’s design “a beautiful example of the waste of the state.”

            Charon said the two-bedroom proposal is pending Heufelder’s approval.

            In a Tobacco Regulation update, the board reviewed a marked-up copy meant to make the document stronger.

            “Most of them seem perfectly reasonable to me,” said Hoffer. “One question I had … is verifying the age of every purchaser of tobacco products as opposed to the old rule was any person under 27 …”

            Johnson asked if there is any need to add more regulations.

            “We’re pretty well protected as far as tobacco goes. I just question whether or not that we need any more regulations governing tobacco in town, let alone something of this length … I’d prefer to go with our Marion Sanitary Code, which is pretty extensive at this point,” he said.

            Marion Health Director Lori Desmarais explained that the town’s current regulations are somewhat out of date. She estimated that the town’s last update was made in 2020 and that since then, the state has updated its regulations.

            “We have to adopt those,” said Hoffer. “We can put in stricter rules if we want to, but we can’t override the state regulations. … If you or I walked into the store and wanted a pack of cigarettes, being asked for an I.D. would seem superfluous. But if we have to, we have to.”

            Desmarais agreed to check if personal identification must be required of all ages with no reasonable cutoff. With that answer presumably forthcoming, Hoffer said the update to Marion’s regulations will appear on the next Board of Health agenda for a public hearing.

            At present, Marion has six tobacco-sale licenses. Hoffer said, if somebody drops their license, it goes up for bid. He said the town has the option of letting the number drop to five.

            “My feeling about tobacco is, it’s legal poison, and I would just as soon, if somebody gives up their license, the permanent number drops by one,” said Hoffer.

            Pending a public hearing, the new regulations will state that Marion will continue with no more than six licenses; if someone gives up their permit, that permit will no longer be available.

            In her Health Agent update, Shallyn Rodriguez said there are still three violations that the town is seeking to correct at 28 Pitcher Street. Hoffer said input has been received from Town Counsel to a letter to the owner that will include a notice of fines.

            In her Public Health Director update, Desmarais said a tent will be set up at Cushing Community Center in time for a September 28 flu vaccine distribution. As of now, there are no plans for a COVID vaccine distribution.

            Desmarais reported nine cases of Lyme disease for the month of June and six more as of the July 27 meeting. The cases are spread about town and not clustered in any one location.

            Desmarais reported 14 positive mosquito samples for West Nile virus but no human or animal cases.

            Plymouth County Mosquito Control will present on tick prevention on Monday, August 7, at 1:00 pm at the Rochester Senior Center on Dexter Lane.

            Regarding the recent Portuguese Man-O-War sighting at a private beach, there have been no subsequent sightings in Marion. Desmarais has learned that allergy to bee stings makes allergy to Portuguese Man-O-War stings more likely. She also noted advice that white vinegar should be used to treat a sting rather than fresh water.

            Marion is continuing with home health checks and extending its blood-pressure clinics.

            The Select Board signed off on the Public Health Excellence Grant and was waiting on Mattapoisett and Rochester actions to participate in the Southcoast Public Health Collaborative.

            The next meeting of the Marion Board of Health is scheduled for Thursday, August 24, at 4:00 pm.

Marion Board of Health

By Mick Colageo