Chairperson Cynthia Callow finds her eligible voting body on the Marion Zoning Board of Appeals dwindling to a critical level just as the Heron Cove LLC case comes to a head.

            The September 29 public meeting of the ZBA, it was hoped on all sides, would be a formality in which the public hearing would be closed, and the board, having read its decision as drafted by Town Counsel Jon Witten, would be ready to vote its approval of the project.

            Ken Steen’s 120-unit, affordable-housing development planned off Route 6 near the Wareham town line is a Local Initiative Program (LIP) 670CMR negotiated with and approved by the Marion Select Board, and the ZBA is the lone municipal vetting authority. The rest is done under the watch of the state.

            The ZBA’s work was thought to be near completion when complications arose after two members were missing from the September 29 session.

            Minus Dr. Ed Hoffer (illness) and Tucker Burr, the board was down to the bare minimum three eligible voters, Callow, Dani Engwert and Will Tifft. All other ZBA members had already missed at least one meeting except for Burr, who missed approximately 10 minutes of one of the meetings.

            Witten said the ZBA needed three affirmative votes to approve the project, so given the strained situation, that would require a unanimous vote. Witten advised Callow to hold off on opening the continued public hearing in hopes that Burr would appear and bring the potentially positive voting body to four.

            Dana Nilson was among those who missed one meeting and kept diligent notes, but the ZBA does not have the Mullin Rule at its disposal. According to Witten, in order for the board to vote an approval of the Heron Cove LLC project, a minimum of three voters who have attended every session of the public hearing are needed.

            ZBA member Margie Baldwin was also in attendance, along with Zoning/Building administrator Anne Marie Tobia and Building Commissioner Bob Grillo.

            Representing Steen, Phil Cordeiro of Allen & Major Associates said the latest revision was meant to bring together one final set of plans addressing landscaping details and signage and tentative locations that had been discussed.

            Acknowledging that the developer’s requested waivers relate to the increase from 96 units on the site to 120, it occurred to Tifft that the applicant considers every requested waiver economically essential, yet the ZBA had to date learned nothing of the economics of the project.

            Citing the potential for negative feedback toward the board for lack of due diligence, a charge he considered potentially credible given the lack of economic information, Tifft asked Witten, “To what level do we need to be concerned about that?”

            Witten called it “a great question” and said that a LIP project (negotiated by the Select Board) comes with the assumption that it has political support in the town, rendering the issue of economics “secondary” to the ZBA.

            “I don’t think it matters if it was 96 (units) or 120 because there was never approval (from the Select Board) for 96,” explained Witten, noting that Steen and the Select Board share the presumption that he needs 120 units to make the project successful. “You’re not looking the other way, you’re just making it a secondary issue.”

            Tifft suggested that being left in the economic dark still leaves the ZBA vulnerable to second guessing.

            Witten reminded the board that it has 40 days from the closing of the public hearing to render a decision and that Steen wanted the opportunity to review the draft decision, but before the meeting ended, the public hearing was voted closed.

            Before the ZBA reached that point, at Witten’s suggestion, Attorney Mark Bobrowski weighed in. He thanked Witten for his hard work on the decision and offered no fundamental disagreements, but he did request some “tweaks.”

            As a rental project, Steen asserted that a surety is not something the applicant should be required to post. Witten agreed in principle, but given the fact Steen’s crew will be working in the public right of way, said the matter should be left up to the board. Steen countered that, since his team has committed to perform public-way infrastructure. Witten agreed that the requirement should be canceled.

            Bobrowski said we are about to enter into a recession that typically lasts two or three years. As a result, he felt the timeline should be relaxed. Witten left the matter up to the ZBA but noted the window’s relevance considering the development’s ability to push Marion over the 10% affordable-housing requirement.

            “Once we start it, we will not stop,” said Steen. “Right now, what’s happened in the last 90 days, there’s no way we can start this. We need the (interest) rates to come back up. … It’s just not going to happen right now.”

            Witten suggested five years from the issuance of the occupancy permit, and Bobrowski found that option appealing.

            Witten confirmed to Steen that he had not written any response to the suggestion for colors. The board members spoke immediate approval of the colors. Witten said his next draft will include reference to colors.

            Trash policy was discussed, and the ZBA wished to hear back from Town Administrator Jay McGrail and the Select Board. Witten suggested asking Bobrowski for another extension of the public hearing, which he was happy to grant as all sides benefit.

            Callow said that while she is not in a hurry, she felt strongly that the board has done its due diligence. She also reiterated her concern about a dwindling body of eligible approving voters.

            The board voted to close the public hearing with a request that Witten would consult with town officials on a trash agreement, then deliver a second draft to the ZBA.

            Steen thanked the board members, Witten and Anne Marie Tobia, the Zoning/Building administrator and Building Commissioner Bob Grillo for their work on the process.

            The project vote is anticipated at the next meeting of the ZBA scheduled for Thursday, October 13, at 6:30 pm.

Marion Zoning Board of Appeals

By Mick Colageo

While several governing groups including the Board of Health, Marine Resources Commission and the Zoning Board of Appeals gained new members at Monday’s public meeting of the Marion Select Board, George T.J. Walker announced a terrible loss for the Board of Assessors.

            Walker, the chairman of the Assessors, reported the passing of Catherine A. Gibbs on September 28 at age 92.

            Gibbs, explained Walker, was a treasure for the Town of Marion, having served in different capacities for over 50 years. She passed away while in elected office, her latest three-year term not to expire until 2025.

            Born in Wareham, her history of service to the Town of Marion began in what was then known as the superintendent’s office, then the registrar’s office, then the Department of Public Works, all before beginning 44 years of work in the Assessor’s office.

            “She had her own special way of welcoming taxpayers into the Assessor’s office,” said Walker, noting that while technology wasn’t anywhere near what it is today, Marion homeowners “always walked out with the information.”

            Walkers said that Gibbs worked for the taxpayer first. Following her retirement from full-time employment in 2001, Gibbs ran for elected office in 2003 and served as an elected member for 17 years. Her wealth of knowledge made her a valuable asset to the town, he said.

            “Catherine was a very humble person,” Walker said, noting that she would not have wanted any attention for herself but at the same time, he told the Select Board that “Pat (DeCosta) and I and the rest of the office appreciated” the opportunity to bring this loss to the town’s attention.

            As anticipated following his September 27 interview, Board of Health Chairman Dr. John Howard recommended Albin R. Johnson III for appointment to fill the vacancy left by Dot Brown until the May 2023 Town Election.

            Citing Johnson’s vast experience, the Select Board agreed and voted unanimously to make the appointment.

            The Board of Health is further stressed by medical issues that are sidelining Dr. Ed Hoffer, but Town Administrator Jay McGrail told the Select Board that he spoke with Hoffer earlier in the day and relayed Hoffer’s support.

            Howard said that both Johnson and Tina McMichael are qualified. He said he had worked with Johnson before and is well aware of the new member’s expertise on septic regulations.

            Following interviews on candidates in attendance, the Select Board voted to approve the following appointments: Sarah Tiago to the Fireworks Committee; Abigail Anderson, Gloria Monte and Sandra Smith to the Scholarship Committee; Ray Cullum and Tad Wollenhaupt to the MRC and Joan Gardner to the ZBA.

            In his Town Administrator’s Report, McGrail told the board that water restrictions in place are due to expire on Friday, October 7. McGrail recommended letting the restrictions expire and revisiting the matter next year.

            Select Board member Norm Hills expressed concern that while recent rain cuts down on the fire threat, it doesn’t do anything for the aquifer. McGrail said that the water district has a sufficient supply.

            The board took no action, which will result in the expiration of the restriction.

            The Lagoon Project is dealing with a snag, as a support structure has apparently connected to the liner in the smaller forebay. The matter has received attention from different points, including Methuen Construction and designer CDM Smith as they analyze potential solutions.

            As a result, the lagoon has not reached “substantial completion” so the clock has not yet started ticking on the liner warranty. The state Department of Environmental Protection had Marion working to meet a completion date of September 15.

            Local developer and longtime Marion resident Sherman Briggs has donated sections of pink granite that it is hoped will solve what McGrail is calling “a public-safety issue.”

            The granite will lay atop the existing seawall at Old Landing and prevent vehicles from driving off the edge of the boat ramp. Marion Fence was consulted on the project. The DPW will install the pieces that Select Board Chairman Randy Parker estimates are 6- to 7-feet long and 17.5-inches wide. “They look really nice,” he said. The Conservation Commission made a site visit earlier Tuesday.

            The Select Board voted to approve the installation of a new utility pole on Spring Street that will help move along the construction of Tabor Academy’s new Travis Roy student center. Tristan deBarros of Saltonstall Architects presented the project and offered some detail on the installation.

            In other business, the Select Board approved a one-day liquor license for the Marion Social Club for a November 19 birthday party from 12:00 pm to 3:00 pm, along with two water/sewer commitments: $284.08 (credit memo September 28) and $3,636.43 (quarterly billing September 29.)

            The next meeting of the Marion Select Board is scheduled for Tuesday, October 18, at 6:00 pm at the Marion Police Station on Route 6.

Marion Select Board

By Mick Colageo

            In May 2022 the Mattapoisett Marine Advisory Board met and spent considerable time reviewing four options presented by Childs Engineering Corporation for repairs and reconstruction of the town’s historic Long Wharf.

            The wharf, also known as the Freddie Brownell wharf, was originally built in the 1800s. Time and tides, storms and use have taken their toll on whatever name you give to the wharf. For many years, the town has recognized the need to make repairs and improvements. Now it is preparing to find ways to control costs, while ensuring the refurbished wharf will also stand the test of time.

            Childs’ study of the wharf produced four options. Option 1 ($4,700,000) would consist of precast concrete with steel reinforcing modular block used to encapsulate the existing wharf; Option 2 would include using reinforced concrete wall installed in front of the existing wharf blocks to act as a retaining wall that would support the wharf and lock all blocks in place; Option 3 would use a steel sheet pile wall (Childs noted in the report, “The advantage of this option is that it is typically more cost-effective, the installation is less time consuming; however, it also has the least natural appearance.”); Option 4 would combine the use of concrete blocks and granite.

            During their September 29 meeting, the MAB again discussed the options while they awaited word from the Select Board as to the acceptability of a hybrid combination of construction styles that would give a more appealing outward appearance employing concrete and granite blocks. Harbormaster Jamie McIntosh reminded the group that Childs had also recommended preparing for sea-level rise in the coming years by constructing the wharf in a manner that it could be heightened at a later date. This combination conceptual plan, which as yet has not been fully scripted by Childs, has an estimated $10,700,000 price tag, MAB Chairman Carlos DeSousa stated.

            In attendance were two persons whose backgrounds in construction and in aggregate materials lent some gravity to the discussion. Both Brian Crowley and Leonard Sollitto offered cautionary notes, saying that construction materials must be carefully inspected to ensure quality is maintained throughout the construction, and that thorough preconstruction study of existing conditions is necessary to get a finished product worthy of the costs.

            The MAB also met with representatives of the Mattapoisett Boatyard to discuss waiving the necessity of removing mooring balls and placement of winter sticks. The August 19 boatyard fire is responsible for the lack of sticks for the coming winter season. Securing replacements has failed, as no supplier could be found. The board approved the request.

            McIntosh reported that shellfish seeding of Shining Tides Beach has taken place and that the area will be closed to fishing until at least September 2023 to allow for a spawning cycle. He also said that Chapter 91 waterways permitting has been received for dredging between wharfs where dinghies are placed but that the work was still pending a permit from the Army Corps of Engineers.

            The next meeting of the Mattapoisett Marine Advisory Board is scheduled for Thursday, October 27, at 7:00 pm.

Mattapoisett Marine Advisory Board

By Marilou Newell