The Rochester Conservation Commission Tuesday night revealed that its dispute with the owner of 89 Box Turtle Drive over clearing land too close to wetlands without a permit has yet to be resolved nearly one year after the problem started.

            Commission Chairman Christopher Gerrior told the board the property owner and his attorney had promised that a Notice of Intent for work at the address would be filed by January. But that date has come and gone without definitive action from the owner or his attorney. Just correspondence, but little progress, he said. Meanwhile, the board had halted fining him for the unpermitted work last summer.

            The board debated whether to start fining the owner again but settled on contacting Rochester’s new town counsel for guidance first.

            “I recommend we start fining him again,” Commission member Ben Bailey said. “Then the lawyer will come in and talk to us. Eighty-Nine Box Turtle Drive’s lawyer has been good at playing rope-a-dope.”

            Conservation Commission members asked administrative assistant Dawn DiMaggio how much the process of fining 89 Box Turtle Drive has cost the board. She and Conservation Agent Merilee Kelly calculated a total of around $10,000. Kelly said that is because it cost the town $75 a day for every fine service.

            The commission ultimately agreed to member Mike Gifford’s suggestion that it first get the town attorney’s thoughts on what should be its next action and whether that should include fining him.

“We need an update or a new plan,” Gerrior said.

            The board agreed to begin delivering “noncriminal enforcement tickets,” fining the property owner on a climbing scale of $50, then $100, then $300 per day in July of 2022. The property owner’s wetland code violations involve working closer than 25 feet from wetlands without a permit. The board asked the property owner to file a restoration plan with erosion and sedimentation controls in late July 2022.

            Assessors’ records list the property’s owner only as Connett Woods LLC.

            The Commission began the meeting by swiftly approving a Certificate of Compliance for 226 Alley Road, where a single-family dwelling has been built with on-site sewerage disposal, driveway, utility installation and site grading.

            Gerrior complimented property owner Robert Barboza; Gerrior noted he was on the commission when the project started. “You turned a field into a fine house lot,” he said to Barboza. “Congratulations.”

            Next, the board approved two $60 invoices for its two websites but said it is working on eliminating one of them. DiMaggio said she was told the website managers didn’t want one site to be “bogged down.” That is why some pages, such as the list of hiking trails, were given a separate page, she said. Gerrior concluded the board will continue to pay both bills but will work to combine all its web pages onto one site.

            The board then reappointed William Clapp as a full member but left open the associate member position once held by Kevin Thompson. Gerrior said Thompson can no longer serve on the board because of family obligations. The board rejected his suggestion that Snow’s Pond ecology expert Michelle Kirby be appointed associate member, even though she spends six months of the year in Ecuador. Her expertise would be useful, but she would not be an in-person member for enough of the year, board members said.

            Lastly, Bailey said all of Rochester’s bigger ponds are on the state DEP’s list of Great Ponds, except one. Snow’s Pond is not on that list, even though it matches the criteria of being more than 10 acres. The pond, in fact, measures 55 acres, he said. He asked the Conservation agent to contact the DEP to correct the mistake.

            The Rochester Conservation Commission set its next meeting for Tuesday, April 4, at 7:00 pm.

Rochester Conservation Commission

By Michael J. DeCicco

            At member Jon Henry’s request during Monday night’s public meeting, the Marion Planning Board debated the town’s inclusionary bylaw that requires developers of housing projects to include a percentage of affordable units or pay the town a compensation fee as an escape clause from the requirement.

            Now that Steen Realty has pulled its first permit to begin construction on a 120-unit rental development off Route 6 near the Wareham town line, Marion has technically broken past the state-required, 10% affordable-housing threshold.

            With that, Henry thinks the inclusionary bylaw should go away, incentivizing developers to build market-rate housing that would produce more water/sewer ratepayers and bring much-needed tax revenue into Marion’s coffers.

            Member Andrew Daniel supported Henry’s contention, provided he sees “a shovel in the ground.” Steen’s comprehensive permit, vetted in Marion only by the Zoning Board of Appeals, has a timeline built in.

            “He doesn’t have to build the whole thing, we won’t know until he builds it,” said board member Tucker Burr.

            Daniel pointed out that in the 20 years of the bylaw’s existence, it has never worked according to the town’s intentions.

            “I think this bylaw deters,” market-rate developments, Daniel said, citing Sherman Briggs’ dormant site off of Spring Street. “It’s a major expense to have to put three or four affordable ones there. What I think this does encourage is 40B (affordable housing) instead. It’s created zero (market-rate developments) so far. What has it been, 20 years?”

            Citing zoning restrictions, board member Eileen Marum said that Marion will never be overrun by affordable housing. She said the cost of housing is astronomical and distorted.

            Marum recalled how the Select Board reduced the amount of payment in lieu of taxes from $200,000 to $75,000 but still wants to know how former member John Waterman calculated the lower number.

            Marum further recalled growing up in New Bedford with the diversity in its neighborhoods and school system. “The new thinking is you should have mixed housing … so you can have a vibrant community, because the middle class has been hollowed out of our gateway cities. Everyone has gone off to the suburbs,” she said. “This (proposal) is not for affordable housing, this is basically for middle-income housing. … Something needs to be done to bring back the 35 gateway cities.”

            Burr suggested that the lack of large developments might be seen by some people in Marion as a successful outcome of the bylaw.

            Member Alanna Nelson expressed concern that without the bylaw, Marion could wind up with a friendly 40B development.

            “I think it’s pretty tough when you can’t afford to live in town. … I hope that we can provide a variety of price points to live in Marion,” she said.

            Henry noted that at age 77, he still works. He said he bought his father’s house and sold it to his son at half its value because otherwise, his son would not be able to afford to live in Marion.

            “We need more taxpayers,” he said.

            Planning Board Chairman Norm Hills took a cautionary approach toward “sunsetting” the bylaw.

            “We talk about the 10% goal. The real thing it does is put us in the driver’s seat … we can deny 40B (proposals),” he said, noting that cutting off at 10% is “not a good idea. … We don’t even have the 2020 census data yet. … Personally, I think we need this, the town needs this. … Right now, we’re facing a declining school enrollment, that’s the sign of a dying town.”

            While member Chris Collings only insisted that any bylaw containing a numerical threshold necessary should be sunset-ed upon reaching said threshold, his focus in the discussion was geared toward the rising cost of living.

            The members agreed on one thing, and that’s the necessity for a more-substantial discussion on the bylaw. Nelson pitched for a brainstorming session at the next meeting.

            When the floor was opened to the attending public, a citizen said Henry is trying to create downsizing homes for million-dollar homes, but seniors need much smaller homes. She suggested such people will be pushed out of town and into Wareham.

            “There are a lot of seniors who can’t stay in their homes, and there’s nowhere else for them to go.”

            Citizen Barry Gaffey said, despite going from 3,000 square feet of living space to 1,700, he has been struggling the last five years to “live my dream. … Nothing’s affordable in Marion. That’s the point, I’ll leave it at that.”

            Marum suggested bringing an expert from the Southeastern Regional Planning and Economic Development District (SRPEDD) to moderate a more comprehensive discussion of the board.

            “I can talk to them and find out and let you know. Their goal is to definitely help us if they can,” said Hills. Town Planner Doug Guey-Lee offered his assistance.

            Gaffey took issue with the lack of a sidewalk on Converse Road as a safety concern when the board discussed the town’s Open Space Recreation Plan. He also said that the Planning Board cannot adjudicate access issues regarding property he said belongs to a private association.

            Hills said he was waiting on Henry’s written comments on the Village Style Smart Growth District, and four members asked for time to read the Adoption of the Housing Production Plan before the board votes to approve.

            The next meeting of the Marion Planning Board is scheduled for Monday, April 3, at 7:00 pm.

Marion Planning Board

By Mick Colageo

            The Rochester Select Board Monday night reviewed the 34 articles proposed for the spring Annual Town Meeting and instantly added one more, perhaps the most impactful of them all.

            Select Board member Brad Morse motioned to add an article that would remove the town as a Green Community, and the board unanimously agreed. He noted Article 34 is a citizens petition to make this move but felt that this step should come from the Select Board as well because the board agrees with it.

            The state provides grants and technical assistance to support implementing clean-energy projects in municipal buildings, facilities and schools to any town or city designated as a Green Community.

            But, said Morse, who is also a member of the town’s Public Safety Facility Study Committee, in Rochester right now that means having to adhere to needlessly expensive building codes as the town plans to build a new fire station and construct an addition to the police station.

            “It will cost us a lot more as a Green Community,” he said. “I think this board should support the citizens petition.”

            Town Administrator Glenn Cannon cautioned the Select Board on lending this support. He said Town Counsel has advised the town that it should not mix citizen-petition action with board action and that the board should not actively support a citizen-sponsored article.

            Planning Board member Ben Bailey, who is sponsoring the citizens petition, noted his article also moves to rescind the strict “Stretch” building code that he says makes such capital projects too expensive. Morse responded the board’s article, in effect, would accomplish that but noted some stretch codes must stay because they are state codes.

            The Select Board began the meeting by approving a new full-time Rochester Police officer, Conner Leddin. Chief Robert Small said a full-time spot became available due to a recent retirement, and Leddin was a finalist for the opening because he had already been academy-trained. In his introduction to the board, Leddin said he is a native of Pembroke.

            Next, Capital Planning Committee Chairman David Arancio met with the board for an update. He said his board has compiled a spreadsheet of every item on its list of projects that shows the progress with each and includes everything already funded, needing funding, funding source and for what department.

            Select Board Chairman Woody Hartley said that after five years in operation, Capital Planning is making a big difference. He said the capital-budgeting process should include setting the bigger items aside to find other funding sources for them but always start with Capital Planning Committee consideration first.

            “The process will continue to evolve,” Arancio said. “But all the departments have been a great help.”

            The Select Board then approved a new agreement with Bristol County Agricultural High School. Cannon explained the school has been asking the town to pay two bills, its yearly per-student assessment and a Capital Bill related to new school construction. The latter is the one the town should not have to pay because it doesn’t have a fund for that cost, Cannon said, leading to the need to change the school agreement to reflect that.

            Under the new agreement, the town will only receive one bill to pay, he said. But the town will still have to pay the outstanding Capital bills for the last two years.

            Next, the board approved its latest draft of the town’s Town Counsel Access Agreement. Hartley said the new draft has been sent to and reviewed by all departments. He motioned that pending further comments, the board should accept the current draft with the provision that the agreement will be amended as needed.

            The original policy states that to better control how town departments and boards may access the town’s legal adviser, such requests must come through the town administrator. A board’s request for opinion and/or use of Town Counsel must be approved by a majority vote of the board. Requests to initiate litigation or defense will require approval of the Select Board.

            Lastly, the Select Board met with the Finance Committee to decide on the Cost of Living Adjustment for town employees for FY24. The two boards agreed on a 3% increase. Finance Committee Chairman Kris Stoltenberg recommended this number as being a good one, considering the effects of the economy on the town’s budget.

            Cannon said this decision is “the last piece of the puzzle. Now the Finance Committee can compile harder numbers for the proposed FY24 budget.”

            The Rochester Select Board’s next meeting will be held on Monday, April 3, at 6:00 pm.

Rochester Select Board

By Michael J. DeCicco