Rochester’s Select Board on Tuesday night approved a Special Town Meeting warrant with a wider variety of articles than most annual town meetings have.

            The first of the 10 articles on the January 22 warrant (7:00 pm at Rochester Memorial School, 16 Pine Street) will accept a law that mandates the town boost the pay of any town employee who is away serving in the military “to receive pay without loss of ordinary remuneration as a public employee” during this service.

            Police Chief Robert Small said he has one employee now serving in the National Guard at the United States’ southern border. Accepting this provision will allow him to pay that town employee to make up for what money he is losing as a military employee. Finance Committee Chairman Kris Stoltenberg said his board is also recommending this article.

            Article Two will seek to amend the town’s senior tax work-off program by increasing the amount of tax liability that may be abated through a work-off to $1,500. The previous limit was a $750 abatement.

            Article Three would transfer $400,000 from the town’s Stabilization Fund to “improve various roadways in town.” Stoltenberg said the Finance Committee favors the move but would like to know about what the Highway Department will spend the funds on.

            Article Four would transfer $54,380 from Public Safety Facility Feasibility Study funds, as this part of the planning process has been completed, to Public Safety Facility design funding.

            Article Five would transfer $30,000 from free cash for the cost to hire a temporary employee or a consultant to fill unexpectedly sudden vacant positions. Town Administrator Glenn Cannon explained people have been hired in this fashion to cover vacancies in the treasurer’s and town clerk’s office through other town funds. The purpose needs its own funding source.

            Article Six would transfer $21,270 from Capital Improvement Funds for a variety of town expenditures, including $7,000 for Counsel on Aging walkway repairs, $5,000 for a Council on Aging walk-in cooler and roof and $3500 to hire a consultant to review and revise Planning Board rules and regulations.

            Article Seven will authorize the Select Board to file a Home Rule Petition to allow Fire Chief Scott Weigel to remain in the position past his mandatory retirement age. Weigel turns age 65 in April. Cannon said the chief wishes to stay on to see the completion of the Public Safety Facility project.

            Article Eight will change a town bylaw so that the Select Board has greater control over Council on Aging hiring decisions. The bylaw currently reads the COA shall appoint its employees. The change will allow the COA to follow the same hiring procedures and policies as other bylaw employees. Cannon explained that police patrolmen, librarians and the COA workers are the town’s only non-bylaw employees.

            Article Nine would add one parcel to the town’s Smart Growth Overlay Distinct, which covers the Routes 58 and 28 end of town and must be altered because the owner of a liquor store there wishes to move his establishment to land that the overlay district does not yet encompass.

            Article Ten would authorize the town to seek legislative approval to grant a liquor store license for that new Smart Growth Overlay Distinct property. Cannon explained the town was granted one more liquor license than the town was allowed for the district. Now that license must be deemed allowable on the additional parcel.

            In other action, the board voted not to exercise its right to purchase land being taken out of 61A agricultural land protection at 0 Bishop Road. The property is being planned for a two-lot subdivision.

            Cannon announced a Tri-Town Selectmen’s meeting will be held at the Mattapoisett Fire Station next Tuesday at 5:30 pm and will begin with a tour of the station.

            The next regular meeting of the Rochester Select Board is scheduled for Tuesday, January 16, at 6:00 pm at Town Hall, 1 Constitution Way.

Rochester Select Board

By Michael J. DeCicco

            Rochester is updating its plans on two fronts and wants the public’s input.

            Right now, a survey on the town website is seeking input on its Hazard Mitigation Plan, which, as Town Planner Nancy Durfee describes in a press release, “enables municipalities to identify risks and vulnerabilities associated with natural disasters and develop long-term strategies for protecting people and property from future hazard events.”

            The Town of Rochester and the Southeastern Regional Planning & Economic Development District (SRPEDD) are also inviting public feedback via its second community workshop on updating the town’s circa 2009 Master Plan on Thursday, January 25, 2024. from 6:00 pm to 8:00 pm at the Council on Aging, 67 Dexter Lane.

            Durfee explained that both the Master and the Hazard Mitigation plans should interconnect and blend together, “so there are no conflicting actions … a cohesive plan,” she said.

            She answers the question of why public feedback is so important to both these plans without hesitation. “The Master Plan is only as good as the input that’s provided,” she said, identifying community response as the most important component of a Master Plan because the plan affects every aspect of their lives. “It’s important for people to be engaged in this process. … Their input will help guide our decisions.”

            Durfee said the four topics on the January 25 Master Plan workshop’s agenda will be Land Use, Housing, Economic Development, and Transportation. The presentation will be followed by an “open house” style workshop. SRPEDD representatives will be on hand to assist with gathering input on each topic.

            Rochester’s first Master Plan workshop, held on October 3, was well attended, she Durfee, and it proved to be a good opportunity to get the community’s point of view on what needs to be addressed. She said the town learned the public’s concerns about the town’s water resources and open space. Municipal officials learned, for example, that residents want better access to the town’s open spaces, for walking trails and other passive recreation, such as at Haskell Swamp.

            Under Massachusetts law, a recognized Master Plan will include nine essential components: goals and policies; land use; housing; economic development; natural and cultural resources; open space and recreation; public services and facilities; circulation and transportation; and implementation. The next workshop after January 25, 2024, likely will be held in February 2024.

            Durfee explained that all the input that the workshops collect will provide the town the guidance for the action plans in the new Master Plan.

            “In the end, the community will have to adopt the Master Plan and the activities being put forth in it,” she said. “The 2009 Master Plan is out of date. Life has changed. Back then, the town was struggling with management of subdivisions. Now it’s solar-farm development. The (Master) plan needs to change to remain viable. These workshops are an opportunity to educate people on topics of their concern, with a better understanding of those concerns. And we will learn, too, when we hear their feedback.”

            She said preregistration is not required to attend the January 25, 2024, workshop, but for more information visit townofrochestermass.com/planning-board or srpedd.org/comprehensive-planning/community-master-plans/rochester-master-plan.

Rochester Master Plan

By Michael J. DeCicco

            Dr. Allan Pineda’s filing for a Special Permit for property owned at 33 Church Street, across the street from his residence at 15 North Street, was finally heard by the Zoning Board of Appeals on December 21.

            There had been a slight delay since the application was received due to processes that dealt with whether or not the Conservation Commission needed to rule on the proposed construction project first. With that point resolved and the project as specified conditioned by the commission, it was the ZBA’s turn.

            Representing Pineda was Andrew Stackpole of Field Engineering. Also present was the architect, Stephen Kelleher.

            Plans include a new, single-family residence with a front porch and rear deck. Stackpole said that final lot coverage would be 29% with the westerly setback at 12 feet and the rear at 30. He pointed out that the setback for the existing, non-conforming, former office building was only on one side. He also pointed out that undersized lots are rather the norm in the village, a point challenged by Attorney Daniel Perry representing abutters on the westerly corner.

            Resident Pat Donoghue questioned how small village lots could support redevelopment and expressed concern that allowing lots heretofore non-conforming could be seen as viable building lots. “I’m concerned with overcrowding in the village,” she stated.

            Building Inspector David Riquinha explained that new lots were required to meet the current zoning setbacks and other requirements but that lots with structures did not have to meet newer zoning rules because, “…at the time it was constructed it was accepted.”

            The structure in question at 33 Church Street is the town’s former Water Department office. Perry said it didn’t meet the definition of a residence, was in fact a business and therefore didn’t enjoy exception from current rules.

            Perry said the application was not a Special Permit but a Variance. He quoted case law from other jurisdictions that agreed, since the structure was a business, it couldn’t be treated as a residence now (“… only existing homes are protected.”). He said the ZBA, “has no legal authority to grant a Special Permit.”

            Riquinha read from bylaws that disagreed with Perry’s interpretation. He returned several times to the point that the bylaws allow such a filing. He said it wasn’t necessary to go outside the bylaw to resolve the matter, arguing that case law wasn’t necessary. Riquinha said, “… any alterations only need a Special Permit, it doesn’t matter that it is an office building.” He said it was a matter of right.

            Pineda rose to speak. He explained that his extended family has grown, making overnight visiting under one roof impossible in his North Street home. “I think this is a positive for the town,” he said.

            The public hearing was closed when further input from the public ended. Chairman Susan Akin thought the project fit into the neighborhood. Member Colby Rotler noted that the Master Plan spoke to the issue of the town needing more housing.

            Member Tony Transflaglia stated, “I was a hard no,” but after hearing arguments believed the project was not detrimental to the neighborhood.

            The Special Permit was unanimously approved. The public has 20 days to appeal the decision.

            In other business, a Variance was granted to Dennis Mahoney for property located at 20 County Road for the construction of a small addition for dry storage associated with a restaurant under construction now.

            The next meeting of the Mattapoisett Zoning Board of Appeals will be posted if hearings are set.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

            While Chairman Shay Assad made it explicitly clear that every member of the Marion Finance Committee is invited to participate in every aspect of the town’s budget discussion, he introduced a strategy aimed at minimizing the possibility that the committee could miss something important.

            In explaining the workings of the committee to four new members on December 6, Assad said he has asked particular members to take deep dives, dividing their efforts to every important section within the budget “so that we’ve got at least one or two members who are intimately familiar with all the detail, rather than simply having (a department head) come and make a presentation that night.

            “It’s not like we’re trying to pigeon-hole people into certain sections, but we found that we get a better rapport with department heads, for example, like somebody’s got to look at the revenues for the town, and sit down with the finance director and understand, okay, where are we with all our revenues? … Why did we project what we projected?”

            Assad divided budget categories by Fire and Police departments, the Department of Public Works, Water/Sewer, and schools.

            “I’ve spent the last three years – and Bill Marvel has been part of that – looking at the schools, and we have kind of changed things a little bit,” said Assad, alluding to a former lack of transparency in the budget process and the tri-town finance committees’ frustration. “We had a really poor relationship with the (Marion) School Committee and with the schools, we really did. And it was more of an inquisition than it was working as stewards of a town and trying to understand … I think people all had their best interests certainly, but it was not productive.”

            Assad’s concerted effort toward that end coincided with new administration at Old Rochester, where Superintendent Mike Nelson and Assistant in charge of Finance Howie Barber became the district’s key stakeholders.

            Greater transparency was eventually achieved, and the process became more of a partnership. Even so, Assad anticipates a difficult budget process for the ORR District, especially given adverse effects of remote education during the COVID-19 pandemic. He told the committee that many children are on individual education plans as a result.

            “Our role isn’t to set the requirements for the town,” Assad explained. “In the past … we stepped back and forth in arguing more about requirements than about … do we have the wherewithal to afford what it is that the town wants to do? … Our principal role is to recommend to the townspeople should they or should they not accept certain financial articles. That’s what our responsibility is.”

            Assad identified the statewide decline in enrollment as a key issue but said the FinCom works as a financial advisor to the school committees, the voting bodies. Assad clarified that FinCom’s role is not to vote on the school budget but to decide if the town can afford that budget.

            Jay Pateakos, Assad pointed out, served on the school committee and is an example of expertise that the committee can draw upon when it comes together to discuss the information revealed in any designee’s deep dive into a particular department’s budget. Assad also clarified that he is not trying to establish liaisons to departments. The job is to get the information.

            “And we’re looking at, like each budget you’re looking at ‘under 2 percent increase,’” said Pateakos. “So usually, when the budgets get over 2 percent, that’s when we start getting to work on why is it higher than 2 percent. … I think the schools did a great job last year. Sippican was under 2 percent, which is the first time I think I’ve seen that in a long time.”

            “They’re hurting this year, though,” said Assad, referencing the high cost of special education.

            “Special (Education) is probably the best example. We just have to pay, we have no choice,” said Pateakos.

            New member Shawn Healy volunteered to accompany Assad in the school budget process.

            Pateakos also warned the new members attending the December 6 meeting that the Capital Improvements Planning Committee meets weekly for 6-8 weeks and is a job for a retired committee member. Fred Mock had already volunteered to sit on the CIPC. Assad anticipates $100,000,000 in total projected proposals under the consideration of the CIPC.

            In general, this is the calm before the storm for the Finance Committee. Assad noted that Town Administrator Geoff Gorman is interviewing department heads and getting his comprehensive house in order before the FinCom begins its analysis of each department’s requests for FY25.

            “It starts to get hot in the kitchen in January. … Basically, Geoff is expecting to get his budgets from town departments in the next week,” said Assad, explaining that Gorman’s discussions with department heads will culminate in several meetings with the Finance Committee beginning in mid-January and lasting through the first week in March.

            At the start of the meeting, Assad welcomed four new members to the committee.

            Tom Crowley, a Tabor Academy graduate … went to the Naval Academy in 1974 and had been working for the Navy as a civilian up until about two years ago. “I moved back to the town in the spring, look forward to contributing.”

            Healy moved to Marion in 2021 but noted that his wife is from Rochester. They have four children, the older two attending Sippican Elementary School. Healy has a background in financial services and worked at Putnam for 15 years and has an MBA in Finance and is a member of the CFA Society in Boston.

Michael Sudofsky, a 22-year Marion resident, told the committee he started at Case Western University and worked as an engineer in Germany building plastic products, then imported products to the U.S. He owns a couple of commercial properties in Marion and is “very involved in the village.” Like Healy, he lives on Front Street.

            Dave Herron moved to Marion in 2016 after “14 years exiled in Chicago.” He worked in the Chicago Stock Exchange and in the financial-services industry for Charles Schwab and later Fidelity Investments.

            “It’s great to have a full committee,” said Assad, who noted that Gorman and Select Board representative Toby Burr were unable to attend because they were attending a CIPC meeting being held simultaneously.

            The next meeting of the Marion Finance Committee is scheduled for Wednesday January 3, 2024, at 7:00 pm at the Town House conference room.

Marion Finance Committee

By Mick Colageo

            Stephen and Jane McCarthy were issued an Amended Order of Conditions for their proposed house reconstruction at 43 Dexter Road during the December 13 meeting of the Marion Conservation Commission.

            The embankment at the site was a sticking point in the continued public hearing, when their representative, Dave Davignon of Schneider, Davignon & Leone, Inc., said the retaining wall can be rotated so that the changed to the required 1-to-1 slope would not make the revision more injurious to the conditions.

            Commission Chairman Jeff Doubrava had questioned the manner in which the slope would achieve its required grade, reiterating his concern that the altered slope not become more impactful. Conservation Agent Doug Guey-Lee shared Doubrava’s concern.

            In making his motion, commissioner Emil Assing amended his initial motion that the stone embankment structure maintain a 1-on-1 slope as stated on the site plan and that it not further encroach on the beach side of the house. He also listed several conditions leveraging a strong management of stormwater runoff.

            The commission issued an Order of Conditions to the Robert Glenn Seiple Trust for residential pier-facility improvements at 53 Piney Point Road.

            Project representative Dave Davignon of Schneider, Davignon & Leone, Inc., described a complicated pier reconstruction around and atop somewhat-unstable boulders. Davignon said that Marion Harbormaster Adam Murphy was consulted, that Murphy told the commission he would look at the project and the Weweantic project also designed by Davignon, but Davignon said he had no comments from Murphy.

            Likewise, the commission voted to issue Weweantic Realty Trust an Order of Conditions for similar work at 312 Delano Road. The application had been approved for improvements four or five years ago, according to Davignon, who explained that the last two steel posts holding up the last two sections of the pier, rebuild the walkway.

            The 8×20-foot float would be expanded to 10×20 and be moved seaward and its bottom-anchor-chain system replaced by piles and an electric-powered, hydraulic system operating from above. The chains will remain for dual use.

            The commission voted to issue 133 Wareham Road, LLC, an Order of Conditions for the construction of a 45×35-foot commercial building with associated parking, drainage, utilities and grading at the corner of Route 6 and Point Road. The area is approximately 15,295 square feet (23.5 acres) and is located in a flood zone. The building will be used by an aesthetician and associated spa workers.

            Conditions include the management of runoff with hay bales on the site and management of slope. The owners will be responsible for any maintenance of the stormwater-management system.

            Kent Bennett, Six Point Road LLC, was issued an Order of Conditions to construct a wood deck around an existing house and reconfigured in-ground pool location, spa, patio area and gravel driveway with associated planting areas in a mapped Flood Zone VE at 6 Point Road.

            Commissioner Matt Schultz conditioned the order with the requirement of an additional minimum of 20 feet of floatation fencing or 10 hay bales and that the pool discharge into a dry well.

            The commissioners voted a three-year extension to the long-held permit as filed by Alewives Anonymous, the volunteer organization cleaning up the Sippican River from County Road to Dogget’s Brook to keep the river passable for herring migration.

            The Marion Conservation Commission was scheduled to meet on December 27 and is next scheduled to meet on Wednesday, January 3, 2024, at 7:00 pm at the Police Station.

Marion Conservation Commission

By Mick Colageo