Following an April 27 public hearing, the Marion Zoning Board of Appeals unanimously voted to approve Theodore Duncan’s special permit to knock down his house at 17A Pine Grove Lane and build a new one on the same lot. The property is zoned Residence B.

            Representing Duncan, Brian Grady from G.A.F. Engineering described the project as a raze of a dwelling at least 70 years old with plans to construct a new house on the lot.

            “This gives us to ability to improve the nonconformity,” he said, detailing setback improvements as follows: The front setback will increase from 11.9 feet to 15 feet, the side setback from 7 feet to a conforming 38 feet and the rear setback from 16-1 to a conforming 23-6. Though it won’t factor, the bulkhead setback will be 17 feet and the deck 16-6.

            “We’re improving on the nonconformities, there will still be nonconformities. … We’re actually making the situation better,” said Grady.

            ZBA Chairperson Cynthia Callow asked if the nonconformities go away when a house is demolished.

            Marion Building Commissioner Bob Grillo indicated that a land surveyor shows those setbacks and, if there is a site plan in place, the applicant is allowed with a special permit to maintain those setbacks. If they get any closer, the applicant must obtain a variance.

            Abutter Mark Rochette said there is nothing in the site plan that would adversely affect them as neighbors and credited G.A.F. Engineering for the job. Grady delivered letters from other neighbors supporting the project.

            The ZBA also acknowledged requested correspondence sent back on April 14 by the Board of Health stating it has no problem with Duncan’s application.

            Callow reported to the ZBA that the state wrote Marion supporting Attorney Mark Bobrowski’s contention that single-metering the water at Marion Village Estates does not constitute a “substantial change.”

            The ZBA, under Town Counsel’s advice, had ruled single-metering on the site to be a substantial change and thereby required developer Ken Steen to apply for a special permit and all that it would entail, including public hearings.

            Callow explained that because the ZBA allowed Steen to single-meter the water at the yet-to-be-constructed Heron Cove Estates project, the state said the town should also allow single-metering at Marion Village Estates.

            Having met with former Town Counsel Jon Witten, Town Administrator Geoff Gorman and Finance Director Judy Mooney to discuss a possible appeal of the state’s overrule of the ZBA’s decision, Callow reported that Witten advised that Superior Court typically bounces such matters back to the state office that made the ruling, and henceforth the town (Select Board) should negotiate with Steen.

            “It’s out of our hands, we no longer have to worry about it,” said Callow, who expressed frustration that the ZBA was repeatedly cautioned during the lengthy vetting process for Heron Cove Estates against making comparisons to Marion Village Estates, only to see Bobrowski’s appeal supported by the state on that very basis.

            After two years serving as chairperson, Callow told the members she would like to remain on the ZBA but step down from the chair. The members insisted she remain in her role and Callow accepted. She also noted that Dr. Ed Hoffer plans not to seek reelection to the ZBA. As a tenured associate, Danielle Engwert was offered the opportunity to serve in a full capacity and accepted.

            The next meeting of the Marion Zoning Board of Appeals is scheduled for Thursday, May 25, at 6:30 pm.

By Mick Colageo

            Rochester’s Conservation Commission Tuesday decided the planners of the proposed construction of a new single-family home attached to an existing garage at 485 Neck Road will need to file a Notice of Intent that will allow the panel to oversee the project’s progress.

            Carmelo Nicolosi of Charon Associates, representing petitioners John and Stephanie Sullivan, met with the commission over a Request for Determination of Applicability to wetland-protection regulations. The board agreed that the work involved will affect wetlands as its restoration area is near Snipatuit Pond and is also close to Natural Heritage land.

            Nicolosi said the plan is to demolish an existing home and build a new three-bedroom house next to the existing garage. He said the house itself will be outside of the wetlands buffer zone. But the work will include a new septic system and associated grading. The current septic system will be pumped out and filled, he added.

            Commission member William Clapp focused his concern on how close the flagged wetlands area is to the edge of the lawn. Nicolosi said 20 to 25 feet depending on where one measures.

            Member Ben Bailey said the board’s decision should be “positive” because wetlands regulations do apply; the project will possibly affect wetlands.

            The board unanimously agreed after Chairman Christopher Gerrior said the project requires the filing of a Notice of Intent “and an Order of Conditions so we can oversee the work. We’ll have the right to go on site and monitor what they do.”

            The board also requested the filing of a Notice of Intent in response to a tree-removal application filed for 114 Mendell Road.

            Gerrior said the plan is to remove 25 trees within 25 feet of a wetlands restoration area, work that will definitely require a NOI and board oversight.

            Bailey told developer Brian Correia and contractor Tyler Tavares that he doubted the trees could be removed without wetlands impact. He said excavators should not be used, and the commission likely will not allow the use of heavy equipment. He suggested using a “spider,” tree-clearing equipment that can be based on non-wetlands ground. He said this equipment is a more expensive option. “But we can’t take into consideration your financial burdens. That’s not what we were appointed to this board for,” he said.

            Gerrior instructed Correia and Tavares to file the NOI after Conservation Agent Merilee Kelly said no formal vote was required in the case.

            Gerrior then updated the commission on 89 Box Turtle Drive and the year-long dispute over owner Doug Rose’s clearing of land too close to wetlands without a permit. Gerrior said the board has received what Rose thought it wanted, a plan that shows new tree plantings but does not show how the owner will restore the tree cutting within the wetlands.

            “What I see here is a complete lack of a restoration plan,” Bailey said. “It’s like we asked him to bring us lunch and we got an empty plate.”

            Gerrior said Town Counsel advises responding to Rose with a list of exactly what the board wants from him. Bailey said that is not the board’s job. It is Rose’s job to show how the restoration will be accomplished. Gerrior concluded discussion by asking Kelly to inform Town Counsel of what the board needs from Rose and to request access to visit the site.

            A year ago, the commission voted to begin delivering “noncriminal enforcement tickets” fining the property owner on a climbing scale of $50, then $100, then $300 per day.

            Kelly said Rose has been served with fines of $300 per day since April 19. None of these fines have been paid, she said. Meanwhile, serving Rose via a constable is costing the town $75 a day, she said, though this fee is to be taken from the fines Rose should be paying.

            The Conservation Commission’s next meeting is scheduled for Tuesday, May 16, at Town Hall, 1 Constitution Way.

Rochester Conservation Commission

By Michael J. DeCicco

            Of the 34 warrant articles up for vote at the May 12 Annual Town Meeting, the one that drew the most attention during Tuesday night’s “pre-Town Meeting” public hearing at the Music Hall was the $1,200,000 ladder truck being requested by the Marion Fire Department.

            Given the floor, resident Alan Menard estimated that the request accounts for 40% of items recommended by the Capital Improvements Planning Committee. Given the town’s 35-foot maximum allowable height for new constructions, he asked why.

            Town Administrator Geoff Gorman summarized that a replacement is needed for the 1991 truck that requires an annual $15,000 in maintenance. An exact duplicate would cost the town $2,000,000, and the truck being targeted for purchase will cost the town $400,000 less than its initial proposal. The life expectancy of the recommended replacement is 30 years.

            Fire Chief Brian Jackvony noted that replacing the ladder truck is part of the town’s ISL certification, which sets insurance rates for the community soon facing an audit.

            As Jackvony explained, justifying a 96-foot extension into the air may seem unnecessary while driving down Main Street, where houses were built just back from the sidewalk. Today, he said, the zoning setback for Residence A-E is 35 feet from the property line to the building, meaning a truck parked in the middle of the road needs almost 60 feet of aerial ladder just to get to the house. He also noted that Marion has grown from homes measuring 2,000 square feet to 5,000 and sometimes 10,000 square feet.

            Another matter of firefighting is method, which has changed with solar panels on houses.

            “That also makes the job of the firefighter more difficult,” said Jackvony, who said the truck becoming available to the town later this year is made by the same manufacturer as other fire equipment in town.

            Jackvony said he looked at quotes from other communities and noted that a 2016 competitive grant would be awarded towns with more multiresidential facilities such as New Bedford and Wareham.

            A 10-year-old used truck, he said, would bring with it frame deterioration. The value of Marion’s current ladder truck is $4,500 in scrap, Jackvony said.

            Steve Nojeim of the CIPC thanked Jackvony for his work and asked if Marion can consider going in with surrounding towns on equipment that doesn’t get used as regularly.

            In answer to citizens’ questions related to the $122,000 line item to replace the Creek Road water main that was at one time brand new but never put into service, Department of Public Works Director Becky Tilden explained that the DPW’s “first thought was line the water main to put the existing one in service.” That plan was scrapped when it was learned the pipe was in bad condition, including cracks.

            Article 2 will ask voters to raise and appropriate $26,000,722 toward a FY24 operating budget of $27,516,635. Finance Director Judy Mooney went through line items explaining budget tweaks.

            Public Safety is up 5.5% to $2,208,546 due to the addition of a School Resource Officer and state-mandated police reform that will affect the Harbormaster Department.

            Schools are up 2.55% to $6,666,193, the Public Works Administration is up 3.44% to $2,323,881 and Pension and Insurance is up 8.49% to $4,285,980. Debt service will go up 24.62% to $665,298.

            Community Preservation Committee allocations were highlighted by $378,000 for Open Space/Historical/Housing; $85,000 for the town’s participation in the Mattapoisett River Valley Water District and Buzzards Bay Coalition programs that are supported by a $4,500,000 grant, and $75,000 for the via Recreation Department to turn two tennis courts in poor condition into four pickleball courts.

            Nojeim asked if the work (Articles 11, 18 and 19) of taking inventory and digitizing historic items could involve the local Boy Scouts and Girl Scouts, to which CPC Chairman Jeff Doubrava explained that the delicate work “dealing with old, irreplaceable items” necessitates the use of professional archivists.

            Article 28 will ask voters to authorize all Marion boards, commissions and committees to use the Mullin Rule. Presently only the Planning Board is authorized to use the rule, which allows a member to miss one session of a public hearing and still vote on a case.

            During the regular agenda that preceded the public hearing on the Town Meeting Warrant, the Select Board heard a report from Board of Assessors Chairman TJ Walker and member Pat DeCosta on revaluation.

            With an injury in the office, Walker said the Assessor’s office relied heavily on DeCosta to offset a staffing shortage for a number of weeks but that tax bills are going out on time.

            Walker noted a drastic climb in average single-family house value in 2019.

            A resident said his home was assessed as a contemporary but had thought his house should be classified as a ranch. He asked about what software program Marion uses to evaluate properties. DeCosta explained that contemporaries usually go down in value but went up this year. … “Everything is selling way above assessed value,” she said.

            Under Action Items, the Select Board approved the following: the Kittansett Club’s alcohol license, appointment of Norm Hills to the Joint Transportation Planning Group (JTPG), a sewer connection at 55 Pleasant Street and Water/Sewer commitments of $1,043.18 (final readings April 12) and $7,829.82 (final readings April 25.)

            In his Town Administrator’s Report, Geoff Gorman said the Annual Town Meeting will be held on Monday, May 8, at 6:45 pm at Sippican Elementary School’s Multipurpose room, and a Food Drive will be held on Election Day, Friday, May 12, from 8:00 am to 8:00 pm at the Cushing Community Center, site of the polls.

By Mick Colageo