Marion Finance Director Judy Mooney met with the Marion Finance Committee on July 12 to gain approval in accordance with Massachusetts General Law Chapter 40, Section 6 for five transfers totaling approximately $65,000.

            Working off a July 15 deadline, Mooney requested the special meeting attended by Chairman Shay Assad, Fred Mock and Jay Pateakos.

            The first request was for $8,965.33 from the Reserve Fund to the town treasurer for the purpose of contract services (ambulance billing.) Mooney suspects with a $15,000 budget for FY24, the committee may be looking at another such request next year.

            The second request was for $2,000 to partially offset the negative $3,575 balance in the Animal Control account due to reimbursement for the officer’s use of her personal vehicle as necessitated by the job.

            The third request was for $9,345.36 for Marine Resources to offset the negative $8,345.36 balance created by the vacation buyout associated with the Harbormaster’s contract. Interim Harbormaster Adam Murphy requested the $1,000 cushion to absorb any outstanding invoices that might be forthcoming. Any unused funds will flow out to free cash, according to Mooney.

            The fourth request was for $3,228.74 for veterans’ benefits. Mooney said the town receives 75% reimbursement during the next fiscal year.” This just means we have more veterans seeking out benefits, which is a good thing because we’re helping them out with both their medical insurance and their monthly expenses,” she explained.

            The fifth request was for $42,134 for the Sewer Department due to the sewer-main break on Point Road. Relaying an explanation from DPW Director Becky Tilden, Mooney said there was no history of failures with the force main until this past spring. Mooney said there were two occurrences.

            “The bills are well over $100,000 on these,” said Mooney, noting that much of the expense was covered by existing money in the Sewer account. The present balance is listed at $28,633.

            Assad announced that members Peter Winters and Margie Baldwin have resigned from the committee, Winters to focus on his new duties on the Board of Assessors.

            “Both of them have been fantastic members of the Finance Committee. Maybe in the fall we’re going to do something to recognize both of them because they have really contributed, not just to the Finance Committee but to the town in general,” said Assad.

            Mooney and committee members in attendance heartily agreed.

            The Finance Committee did not schedule its next meeting upon adjournment.

Marion Finance Committee

By Mick Colageo

            The new Marine Center at Island Wharf will be subject to minor site-plan review, the Marion Planning Board unanimously voted on Monday night at the Police Station.

            Tim Sawyer of Catalyst Architects presented with assistance from Interim Harbormaster Adam Murphy during a presubmission conference to highlight design aspects of the new Harbormaster Department office that will replace the longstanding headquarters building on the site.

            As a stakeholder in Burr Brothers Boats, Planning Board Chairman Tucker Burr recused himself and Vice Chairman Andrew Daniel presided over the discussion.

            Murphy told the board that the project is in the process of going out to bid, and Sawyer said it is hoped that by mid-August the town will have a final construction cost.

            The goal is to bring that number to a Special Fall Town Meeting vote in October. Construction costs have continued to increase since Marion was awarded $1,600,000 over three separate grants by the state’s Seaport Economic Council.

            The original design not only was trimmed of upper-floor bathrooms, the new building’s location has been moved to the northern portion of the parking lot. This, said Sawyer, will open up the waterfront view at Island Wharf beyond what is visible now.

            “The roof structure would all go away,” said Sawyer, noting that only the existing, street-level restrooms will be left and renovated.

            Located entirely in a 19- or 17-foot velocity flood zone, the new structure will rise 16 or 17 feet from elevation grade to finish floor with a 23.5-foot elevation grade.

            Citing ever-changing estimations of sea-level rise due to climate change, board member Eileen Marum asked Sawyer if this is being taken into consideration. Sawyer said the SEC’s decision to award the project grant funding hinged on the state agency’s approval of Marion’s design in that regard.

            The open underbelly of the structure will allow air and water to pass through. Except under the threat of a storm, that area will provide 1,700 square feet of storage.

            While the building will have access satisfying public regulations, including ADA compliance and the state Architects Board, a back-side stairwell will function as a second means of egress mainly for the Harbormaster and staff to quickly get down to its boats. A lift will also be installed from slightly above grade, but Sawyer indicated it will be sparingly used.

            One of the byproducts of moving the new building to the northern corner of the parking lot is the separation of Harbormaster from Recreation Department activities. It’s a mishmash at present.

            Murphy also said that the area meant to serve as a Town Beach will reopen as such.

            “We’ve outgrown the space, it’s standing on its last leg as it’s sitting there,” said Murphy, who has been with the town for 14 years. He discussed the lack of restrooms dedicated to town employees and the lack of adequate office space. There is no private meeting or lunch area, and any meeting is compromised by surrounding noise. “There’s multiple needs for (the new building.) It worked in the past, but we’ve outgrown it completely.”

            The present parking arrangement of 125 spaces that are not spaced and including one handicap space will also be improved with the addition of one handicap space.

            Infrastructural needs were also discussed, as board member Jon Henry pointed out that the state prohibits the discharge of untreated runoff into state waters.

            Murphy said that the growth of vegetation broke existing drains and that the Harbormaster got permission from the Department of Public Works to clean it out. “We’re doing the best we can to minimize the overgrowth, but still have the vegetation to remove the nitrogen,” he said.

            Sawyer said that bioswales are typically preferred over subsurface drainage systems.

            Board member Alanna Nelson steered the dialogue back toward deliberation as to whether the project warrants major, minor or no site-plan review.

            Before the board settled on minor site-plan review, Sawyer told Nelson that the new site will accommodate the electrical needs of car-charging stations and will be designed “solar ready.”

            When the floor was opened to the public, resident Barry Gaffey asked if anyone knew if the new Police Station (in which the meeting was being held) required site-plan review. Member Dale Jones was on the Building Committee for that project, noting that after initial rejection by voters, it came in under budget and on time. He said, at that time there was no distinction between major and minor site-plan review.

            Sawyer also noted that while consideration was given to future emerging needs, the new Marine Center has been designed according to present needs.

            The board spent substantial time discussing short-term leasing of residential property and the potential conversion of commercial property, as it is believed more people are buying homes in Marion as investments rather than to live in them. Residents in thickly settled, coastal neighborhoods are becoming concerned that they will soon be surrounded by short-term rentals rather than long-standing neighbors.

            The Planning Board recently learned from Town Administrator Geoff Gorman that the Bylaw Codification Committee, heretofore a subcommittee of the Planning Board, should have always been reporting directly to the Select Board and not have been subservient to the Planning Board. After some thought, the Planning Board agreed not to reinvent its own subcommittee to tackle codification matters.

            Nelson suggested the Planning Board just commits to spending some time on the subject. Burr agreed and invited members to bring to his attention anything related to zoning or codification so he can get it on a meeting agenda.

            Gaffey requested that the board, “when you’re going to pass a bylaw or come up with a bylaw, just ask, ‘who’s this bylaw going to hurt?’ That’s all I ask.”

            Jones wanted it in the last meeting’s minutes that he had suggested business cards for board members and that the subject concluded with the intention to look into a price quote. There remained disagreement within the board as to their purpose. Jones asked that another attempt be made to improve on the price quote ($22 for 100 cards.)

            The next meeting of the Marion Planning Board is scheduled for Monday, August 7, at 7:00 pm at the Police Station.

Marion Planning Board

By Mick Colageo

            Rochester’s Zoning Board of Appeals on July 13 denied an appeal of a cease-and-desist order against an alleged trucking-business operation at 19 County Road for a one-of-a-kind reason.

            The board decided at that hearing the appeal filed by Robert and Christine Murphy was beyond its jurisdiction because the couple did not file action against the cease-and-desist on time, within the 30 days mandated by state law from April 25, the date they received the cease notice from Building Commissioner Paul Boucher. That would’ve meant an appeal deadline of May 25.

            Special Town Counsel Chris Heep told the board the Murphys’ appeal was sent out on May 26 and received by the town on May 30. The zoning panel lacks jurisdiction on considering the appeal because the notice was not sent out in a timely manner, he said.

            What the board must do instead, he explained, was to render a denial. Then the Murphys will be able to appeal the cease-and-desist to Superior Court or land court for a judge’s determination on the merits of the building commissioner’s order.

            First, as they faced a roomful of 19 County Road abutters, zoning panel members made sure a denial was the correct decision by questioning Town Counsel, Richard Manning (the attorney for the abutters) and Jordan Rodrigues (the Murphys’ counsel.)

            Rodrigues argued the Murphys did not pick up the cease-and-desist notice from the post office until April 27, and he contacted the town with their intent to appeal via a call to Boucher on May 9. Rodrigues said the Murphys had until May 27 to file the notice and sent it on May 26. “This denial will be in violation of my clients’ rights,” he said.

            Manning said there is no leeway on the deadline for these types of notices in state law. The cease-and-desist was dated April 25.

            Receiving the notice was complicated by the fact 19 County Road is not their home address, Christine Murphy argued. Their house address is in West Wareham. The original notice was dated April 10 but had to resent after the address mix-up was realized.

            Rodrigues said it took time for him to put together a thorough, cogent response. “It took a long time to put together,” he said.

            “This is the strangest thing I’ve ever run into on this board,” board member Richard Cutler said before the final vote. “This is not what I expected when I came for this meeting tonight.”

            The board’s decision to deny turned on its realization that the Murphys will still have recourse to appeal the cease-and-desist in court. If a judge disagrees with the ZBA’s time-factor denial, the case simply will return to the town board to be deliberated on the merits of the appeal itself.

            “Whatever decision we make, we’re protected,” member Donald Spirlet said. “And I like that.”

            The resulting vote was unanimous.

            The Rochester Zoning Board of Appeals will meet next on Thursday, July 27, at 7:15 pm at Town Hall, 1 Constitution Way.

Rochester Zoning Board of Appeals

By Michael J. DeCicco