The trend for Marion’s boards and committees has been to move their public meetings back to the newly renovated Town House Annex Building, but the Marion Conservation Commission is content to remain at the Police Station on Route 6 with proven, hybrid-attendance options.

            The commission’s January 10 meeting saw one public hearing result in project approval, three certificates of compliance issued, two permits extended and comments made to the Zoning Board of Appeals on three applications.

            Thomas deGroot was issued a Negative Box 2 Determination of Applicability for the addition of a 12×20-foot attached porch to the west side of his house at 8 Aucoot Avenue. The project will be entirely in the flood zone, but as a second-story addition will not alter or dredge the area.

            Three requests for certificates of compliance were met with approval of the commission.

            Byron Hensley was issued a complete Certificate of Compliance for a pier construction at 95 Holly Road. The pier attaches to the deck and goes out approximately 200 feet; the pier is slightly lower than the deck.

            Kenneth and Darla Parsons at 27 Dexter Road with noted deviations from the plan, including a staircase from rear covered porch was slightly reconfigured. Deviations were considered minor, and the full COC was issued.

            Michael Popitz, 123 Indian Cove Road, was issued an invalid COC for a project that never took place at 64 Indian Cove Road (the parcel adjacent to Popitz’s home.) Work never commenced, and the associated permit had long expired.

            John and Sandra Beck’s request to extend their permit to continue phragmites remediation at 17 River Road was based on a 2011 Order of Conditions to construct a raised walkway across a marsh and the phragmites remediation.

            A partial COC had been issued years ago, but the phragmites aspect of the permit was requested for renewal. A site visit indicated the phragmites still exist, and the commission voted a three-year extension on the permit.

            Also approved was a permit extension to Carmen and Beth Martignetti for work mostly finished at 71 Moorings Road. The applicants await approvals from the state and Army Corps of Engineers.

            The ZBA hit on two out of three requests for comment.

            The ConCom determined that John P. Kendall Trust’s project at 39 Water Street is inside flood zone and possibly inside the buffer zone to wetlands so a permit will be required.

            The commissioners also determined that Johnson Family Investments LLC (aka Fieldstone market’s) plans to extend its 806 Mill Street store westward, raze a small house out back and add parking is within the commission’s jurisdiction.

            “I believe there is wetlands in this area, so they should at least file an RDA,” said Chairman Jeff Doubrava.

            Planting Island 25 West Avenue LLC at 25 West Avenue was judged to sit outside the flood zone and more than 100 feet back from the coastal bank so it was determined to be outside the jurisdiction of the Conservation Commission.

            The commission briefly discussed the opportunity to shift its meeting location to the Town House Annex Building conference room facing Main Street, but the consensus was that the hybrid attendance system currently used at the Police Station is preferrable and is often needed by Conservation Agent Doug Guey-Lee.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, January 24, at 7:00 pm at the Police Station on Route 6.

Marion Conservation Commission

By Mick Colageo

Sarah “Nancy” Dube, the proprietor of Lighthouse Liquors (664 Mill Street), gave an impassioned plea to the Marion Board of Health during its January 11 public meeting in response to an official report that the store had sold a package of cigarettes to a minor.

            The board was apparently moved by Dube’s remarks and while powerless to override a $1,000 fine, limited its suspension of the store’s license to sell tobacco products to one day and allowed a six-month timetable on payment of the fine.

            “I’m very, very careful about (checking ID’s),” said Sarah Dube, noting she has worked in the store for 14 years. “I never, ever sold to a minor.” Dube said she spends every hour making sure no minors get into her store “because I also have a minor in my house.”

            Dube further stated that she had never been told of any trouble at her store in 14 years.

            “I always knew that a person like me, it takes that much to be accused of something I did not do,” she said, placing her finger and thumb close together. “So I’m very, very careful. … If it happened, it happened,” but Dube insisted she has never sold to a minor knowingly. “I’m always careful in my life because I know who I am.”

            Megan DaCosta, the regional Tobacco Control program manager, reported to the Marion Board of Health that based on semiannual compliance checks, on December 27, a youth entered Lighthouse Liquors at 10:21 am, approached the clerk asking for a pack of Camel Blue cigarettes ($14.73) and that the clerk did not ask for age or legal identification. The amount was paid in $15 cash, but due to a register malfunction, change was not provided.

            “This is the first violation with the town; however, we do get records about a month delay from (the Food & Drug Administration) because they have their own compliance-check program,” said DaCosta. “And there have been sales in the past. About a year ago was the second from the FDA, and at that point, they issued a civil money penalty.”

            After that receipt and a discussion with Marion Health Director Lori Desmarais, DaCosta reported having conducted an educational visit to the store to ensure it is understood that the town does not have the option under a recent change in state law to issue a warning on such a violation.

            “But, unfortunately, we’re here, and a sale did happen,” said DaCosta.

            Dr. Ed Hoffer, the board’s chairman, noted that a fine had been paid following the federal inspection.

            “Regulations are fairly clear cut. There’s a $1,000 fine and suspension of tobacco sales for – I believe it’s up to three days,” said Hoffer, inviting the proprietor of the store to respond to the complaint.

            Paul Dube, store owner Sarah Dube’s husband, said, “Sarah has never sold to a minor, she always tries to ask for an ID for everything. We don’t know who this minor was, we’d like to know how. That board has told us that you don’t send people in without an ID to try to target stores. We understand that. But how would the board have found out about it if that happened? If that happened?”

            What Paul Dube did not understand until clarification was later achieved was that, while the town did not send the youth into the store on December 27, other larger jurisdictions like the state or the federal government, did.

            “We have an ongoing inspection program which specifically does try to find out who obeys the rules and who doesn’t, and Megan is in charge of this for the whole south-coast region,” answered Hoffer. “It’s not that we’re picking on you, the same thing is done in every establishment.”

            “I’m not saying that,” said Paul Dube. “I’m just saying, ‘what is the procedure?’”

            Sarah Dube said she complies with the required practices of asking customers for their age and ID.

            DaCosta further explained that youth that get sent into stores “never have an ID on them” and pose one of the biggest challenges to the inspection authorities.

            Paul Dube received clarification that the government does, in fact, send minors without ID’s into stores to test procedures. The municipal government does not, but according to DaCosta, there are many programs under larger jurisdictions that share information.

            DaCosta told the board she had visited the store on January 25, 2023, to conduct a routine inspection but also to discuss the FDA violations from the previous December. DaCosta considers her inspection the warning because, at the state level, there is no warning and the first offense is a $1,000 fine.

            Hoffer explained that the best the Marion Board of Health can do to mitigate the FDA-imposed fine is to allow it to be paid out over time. “The one thing we do have leeway on is how long the sale (of tobacco products) would be suspended,” he said.

            The fine is established at $1,000, according to the board.

            “Basically, somebody like Cumberland Farms … that would be nothing, but the smaller ma-and-pop stores, I’m sure it’s a substantial hardship,” said board member Albin Johnson.

            Johnson also pointed out that the phraseology in the one to three-day suspension uses the verb “may,” indicating that a suspension is optional as judged by the board.

            “If I have a choice, I prefer to scare the bejeezus out of you,” said Johnson.

            DaCosta said she is authorized to describe anyone between ages 16 and 20 years, 11 months, as youth. “However, I’m only utilizing high school-age students, so they’re all 16, 17 or 18. This particular youth had turned 18 in November,” she said.

            Board member Dr. John Howard reminded the discussion that there had been prior violations.

            “And I do understand how difficult it can be in a store and a setting where you look at somebody and you think they’re older, and they’re not. However, nicotine in any use, any amount, as you know, is dangerous to health, and we worry about the health of the folks in Marion and nicotine big time and have for many years. In fact, this board … was one of the first to really clamp down on nicotine issues,” said Howard. “Dr. Hoffer and I are physicians, and we feel very strongly about folks, so I think we’d like to get that message out there.”

            Howard recommended, based on the prior violation recorded by the FDA, that the board levy a one-day sales suspension (in addition to the $1,000 fine it cannot cancel.)

            The three members of the board voted unanimously to approve Howard’s recommendation.

            Desmarais noted that the fine is payable within 21 days unless scheduled differently by the board. Paul Dube said he would like to set up a payment plan.  The board agree on a six-month schedule for payment of the fine.

            In her update, Health Agent Shallyn Rodriguez reported to the board on housing inspections and complaint updates, including 711 Mill Street, where two inspections were conducted after a carbon monoxide incident. Her next inspection is scheduled for March 7, and Rodriguez noted that the homeowner has been giving the town weekly updates on the situation.

            Tina Clark, the owner of the property, attended the meeting and explained that the plan is to renovate the apartment where the damage occurred, but due to multiple logistical hardships says an extension on her timeline is necessary. No one is living in the apartment or the connected 713 Mill Street address.

            Public Health Director/Nurse Lori Desmarais said the board should maintain its plan to conduct a March 7 inspection.

            In her update to the board, Desmarais reported that the town is still offering flu shots; she cited that the severity of influenza in the area is high.

            Vaccinations will also be supported by the $5,000 granted Massachusetts towns under the Public Health Excellence Grant.

            The next meeting of the Marion Board of Health is scheduled for Thursday, February 8, at 4:30 pm.

Marion Board of Health

By Mick Colageo

A self-storage business is headed for the former Lockheed Martin complex off Route 6 in Marion after civil engineer Steve Gioiosa of SITEC visited the Marion Planning Board on Tuesday night seeking a Special Permit in a Limited Industrial-zoned property at 13 Barnabus Road on behalf of Sippican Holdings LLC.

            The public hearing went on without Planning Board Chairman Tucker Burr, who as an abutter recused himself from the proceedings. Vice Chairman Andrew Daniel presided with Burr having left the conference room at the Marion Police Station.

            Gioiosa explained that a wetland delineation has been approved and some master planning for the site has been done on the previously developed property where he discussed challenges for the new project.

            In addition to the plan to replace an existing building with a two-story structure measuring 20,000 square feet (100×200), Gioiosa said the applicant is also looking at some of the bigger industrial pieces of land on the site and well as some of the vacant land.

            He described it as bordering vegetated wetland, which he said is more challenging because of the topography; it starts high at Barnabus Road and slopes down a 25-foot drop so it was intended to pick a low-intensity use for the site.

            The proposal is to demolish an existing parking area and transition the grade down on the other (east) side of the building with lower-level access for storage. Customer parking would be created next to a small office to facilitate rental units, and people could park in front of their storage units. The same configuration would exist in the back.

            To avoid a dead-end configuration, the applicant plans to loop a driveway around the back (north side of the complex) so that emergency vehicles could access the property and loop around to get back out.

            The building would include 900 square feet of office space presumably with a single employee on site.

            Sewer/water infrastructure is on the property and only needs reconnection to the new facility.

            The Special Permit sought is to allow self-storage on the site. The actual construction would be vetted in a separate public hearing with site-plan review.

            There will be a sprinkler system on the side of the building, and the lower-level layout will include rear-access overhead doors on the west side of the building and interior corridors.

            The project is in a preliminary stage of development, but Gioiosa estimates a rough count of 240-250 total rental units. He said the applicant is building a similar structure in Fairhaven. Gioiosa said the developer has built numerous medical offices on Faunce Corner Road and is the former owner of the AT&T building in Fairhaven.

            The project will be designed to achieve gradual slopes and will upgrade stormwater management, respect the no-disturb zones, keep most of the improvements well outside and use significant landscaping to buffer from other areas.

            Gioiosa said the goal would be to not overburden the site but revitalize it.

            Daniel said Fire Chief Brian Jackvony has no comment at this time.

            Board member Eileen Marum asked about the height of the structure; Gioiosa said the plan is a low-profile roof, 32 feet at its highest point, and from the front view one would only see one story with a pitched roof.

            Marum also asked about designing the roof to include solar on the site; Gioiosa called it a great idea but said the matter would fall into the architect’s purview. Gioiosa said the same contractor is looking at solar on the former Vanity Fair building in Dartmouth.

            The board voted to grant the Special Permit, approving self-storage as a proposed business at the site; Sippican Holdings LLC will revisit the Planning Board with a formal application, including site-plan review.

            Town Planner Doug Guey-Lee suggested the possibility that the project may also need vetting with the Conservation Commission.

            “I think we’re all pretty happy with putting storage with general uses,” said board member Ryan Burke, and Marum noted there is already a storage facility going into the complex.

            Gioiosa and the board agreed that self-storage is a needed business in Marion. Daniel said that there is a six-month wait in the area to rent a unit. “It seemed like a lot were being built, but they’re all full,” he said.

            Gioiosa also noted that the applicant has no interest in spinning the site off to a separate entity; he said the plan is to keep the business under local control.

            FSJ Holdings pitched a proposed zoning change to Residence E for a 2.5-acre property owned at 207-215 Wareham Road. Jennifer Jones represented the applicant and noted she is the former facilities manager at the Lockheed Martin site.

            Her plan is to renovate an existing residential rental site, describing 14 units divided among four buildings including one large building that contains eight units. Part of the project is to raze a building and replace it with other multifamily buildings.

            “We think replacing that big building with a larger unit is beneficial to the area,” said Jones.

The riverfront would need zoning reclassification. Jones with working with Bill Madden of G.A.F. Engineering.

            The plan to come back in March for a public hearing with Madden, ultimately heading for the Annual Town Meeting to put the zoning change before Marion’s voters.

            Jones said she has an alternate plan if the town will not reclassify the riverfront.

            The board made Jones aware of the Inclusionary Housing Bylaw and her obligation to go through the 40B statute process. One in every 10 units has to be an affordable unit, which in the case of this application would translate into two units out of 20 being subsidized, affordable housing. Jones was also told she could pay a fee in lieu of building affordable units.

            Jones said her current apartments are priced at market rate.

            Marum asked about traffic flow off Route 6. Jones said there are two egress points off Route 6 but has not been asked yet to order a traffic study. Member Jon Henry said he wouldn’t minimize a traffic study in this case.

            Marum considered the project to pose no infringement on the neighborhood character but asked about its impact on the natural environment.

            Daniel said that the infrastructure would have to be complete before the units are built.

            The ongoing discussion on a bylaw for short-term rentals took a turn at the board’s last meeting on January 2 and when reorganized Bylaw Codification Committee offered to write the bylaw for the Planning Board. Lengthy discussion ensued at that meeting, as the town continued to receive feedback to inform its effort at addressing the complicated matter.

            On Tuesday, Burr said the idea has been to get more specific ideas from the board members.

            Member Alanna Nelson said the board needs to divide between things that are procedural in nature over against what would actually be appropriate to include in a bylaw. “We have a lot of procedural ideas, but what would you actually want to put on the bylaws? So, for me, stick to that.”

            Guey-Lee said that while board members can draft ideas and options, it’s important to know when does the process become a draft that is actually contemplated or voted upon.

            “It has to be clear that there are no decisions on the table,” he said, suggesting the board consult with the town’s legal team “and make sure we’re not entering into procedural gray areas.”

            Daniel suggested the members work on it conceptually without references to state laws.

Marum said she already drafted a bylaw but did not submit it for the board’s consumption.

            Henry reiterated his prior concern that the Planning Board consults with other boards such as the Water/Sewer commissioners (the Select Board.)

            Burr asked the members to continue and make a real, concerted effort, sending everything to board administrator Terri Santos.

            Regarding a memorandum from the Bylaw Codification Committee on a proposed change to Subdivision Rules and Regulations, the board voted to accept three changes on how they process subdivision applications.

            The next meeting of the Marion Planning Board is scheduled for Monday, February 5, at 7:00 pm at the Police Station on Route 6.

Marion Planning Board

By Mick Colageo