Last winter’s contentious situation between residents of Marion Village Estates and developer Ken Steen over snowplowing responsibilities on Fieldstone Lane sent the newly formed homeowners association onto Town Meeting floor looking for acceptance as a town street.

            Their motion failed, as the town cited the hammerhead dead end to Fieldstone Lane as a key obstacle to safe snowplowing, only made worse by what the Department of Public Works considers a dangerous slope in the terrain.

            Fieldstone Lane residents attended the Marion Planning Board’s July 18 public hearing eager to listen in and comment on an effort to write the traditional, T-shaped hammerhead out of the town’s rules and regulations.

            A committee comprised of Planning Board Chairman Norm Hills, Town Administrator Jay McGrail, Fire Chief Brian Jackvony and DPW Director Nathaniel Munafo held a series of meetings to determine a course of action for future reference.

            “The response came back as a hybrid ‘Y,'” Hills told the Planning Board.

            The public hearing was held to determine the board’s course of action regarding Section 300-2.1 through 300-6.1 of Marion’s Subdivision Rules and Regulations. Hills handed Munafo the floor, who talked about concerns unique to the Fire Department and the DPW and how the hybrid “Y” addresses both.

            “The DPW side has been against hammerheads for many years. They present very much of a challenge during plowing and asking plows to back up during a storm is something we want to try to avoid,” Munafo explained. “So in the course of a few meetings, we came up with this hybrid solution here that incorporates some of the better aspects of both or those options of a cul-de-sac and the hammerhead – or the ‘T’ as it’s called in other places.

            “We felt that this was a good compromise in what both departments were looking for in these turnarounds at the ends of these subdivisions.”

            The conversation turned when Planning Board members weighed in on the discussion.

            Andrew Daniel reported on research he did after receiving the proposal, telling the board that he reached out as far as Milton, Vermont to see if that town has any such (Y-shaped) designs in use and reported that the town went to the “Y” to avoid cul-de-sacs, not hammerheads.

            Daniel said the proposed move to a Y-shaped, hybrid hammerhead was met with many rejections in his queries to engineering firms, other towns’ fire departments and DPWs. He praised the Town of Fairhaven for its tiered response, calling it “case specific” rather than a one-size-fits-all solution.

            Member Jon Henry, noting 35 years on the Fire Department including driving a 42-foot-long ladder truck and a commercial driver’s license for 45 years, was also against writing the hammerhead out of Marion’s Subdivision Rules and Regulations.

            “I can’t disagree with Andrew that we should not limit ourselves to one or two or three (options.) … When you throw something out, you learn to regret that,” he said. “I think we should leave well enough alone and not change the regulation. … The ‘Y’ looks like an obstacle. I side with Mr. Daniel on his assessments.”

            Member Tucker Burr aligned with Daniel and Henry. “I don’t think I would be in favor of getting rid of the hammerhead. … It seems we’d be losing a solution for a tight area …”

            Member Eileen Marum agreed with Munafo and Hills. “The DPW and the Fire Department … let’s give them what they need and keep some options on the side.”

            Jackvony was not present at the hearing but was quoted from an email correspondence as finding “the hybrid or ‘Y’ hammerhead system … acceptable.”

            “This was developed over a number of meetings. The DPW and the FD, they’re the ones … going forward, I’m not going to tell them how to do their business. … They’re the ones that requested this change,” said Hills.

            Daniel found it hard to believe that the fire chief requested the removal of the hammerhead option and noted that the state Fire Code lists five options including the ‘Y,’ the hammerhead, cul de sac and two others he found difficult to describe. “There’s not a whole lot of options because those are the ones allowed by the state,” he said.

            When public comment was invited, all three residents who spoke were Fieldstone Lane residents. Jennifer Esposito told the board the fire chief had brought down a ladder truck to maneuver on the T-shaped dead end there, and she offered the board delivery of her video of the exercise.

            Marum considers Fieldstone Lane’s dead end to be dangerous in winter weather.

            “I wouldn’t want to drive a car out on that hammerhead because there are no guardrails, it appears to be just loose gravel,” she said, noting that heavy rainfall could wash away and take some of the road surface with it.

            Esposito and the other two Fieldstone Lane residents who spoke, Andre Arsenault and John Miller, found the issue applicable to their situation, at which point Hills was compelled to recap the germination of the proposal to revise the Subdivision Rules and Regulations.

            “When I started, I mentioned that earlier this year we had approved some changes to the Rules and Regulations that were developed by an engineering firm last year for us. That new wording did include reference to a hammerhead, which was not there before. That wording has not been incorporated yet because we were still discussing … now the potential changing of the term hammerhead to something else. That’s why it’s not on the website,” he said. “One of the reasons I’m trying to get all this through so we can get all the rest of the changes that are in this change to the rules and regulations incorporated. And this one word is hanging us up right at this point in time.”

            Town Planner Doug Guey-Lee suggested that the acceptance of the hybrid Y would not necessarily rule out a traditional, T-shape hammerhead and suggested more generic language that would leave the town with options.

            Hills said his takeaway from the board’s interaction is that a decision will not be possible without going back to the fire chief and to DPW director and determine what if any changes are acceptable to them.

            “Those guys, in the end, are the ones that are responsible,” said Hills, disagreeing with Guey-Lee’s proposal. “It’s non-specific, and I want something specific. I don’t want a hammerhead of the dimensions that’s out there now. If we’re going to have a hammerhead, we’re going to specify the dimensions. I want to go back to the two people that are responsible and get agreement from them.”

            Hills reiterated he does not want to tell the Fire Department and the DPW how to do their business. Daniel countered by saying he is not proposing the board does that, only that what the state allows remain possible for the town to determine rather than closing off an option he insisted is standard practice.

            Henry concurred with Daniel that the regulations should be generic and not specific.

            The board voted to continue the public hearing to Monday, August 1, at 7:05 pm.

            In other business, the board voted to pay SRPEDD $2,405.49 for the agency’s services.

            Under Old Business, Hills corresponded with Town Counsel about Zoning maps and told the board it can have a two-page map, the second page including lot lines and other information helpful to the board without obscuring the basics of the Zoning Map. The board favors two pages.

            Hills said Guey-Lee has the experience and told the board he would see what can be generated in time for Town Meeting.

            The next meeting of the Marion Planning Board is scheduled for Monday, August 1, at 7:00 pm.

Marion Planning Board

By Mick Colageo

            What for several months seemed to be a stagnant situation with the prospects of a solar array at the Benson Brook Landfill took an energized turn at Monday night’s Marion Energy Management Committee meeting.

            EMC member Alanna Nelson came away from an Eversource presentation at a recent CVEC meeting, calling what she learned an “exciting, big step ahead that we haven’t seen in the long time.” Her takeaway from Eversource is that pricing per watt for the necessary improvements at Benson Brook are “certainly within the realm of affordability.”

            Nelson anticipates that the cost of such a project in Marion will be less than most of the similar projects on Cape Cod. An open period for public comment ends in August, and final phases are projected for November. That means contracts could be established next year. Because a study was done that projects out approximately 15 years, it is believed that the price will remain fixed over that period or until the capacity is filled.

            EMC member Bill Saltonstall asked about a PILOT contract previously projected to pay the town approximately $50,000 per year, but the proposal made by the developer assumed a bottom-level arrangement that Marion was told could change based on Eversource’s cost.

            “Then we have to determine if that is a suitable arrangement,” said Saltonstall. EMC member Jennifer Francis added that the cost of electricity has also changed so the developer may need to deliver a new proposal based on updated information. Nelson was given reason to suspect that there are other developers interested so Francis encouraged the committee to take a proactive stance.

            Accessing documents has become a tiresome exercise for the EMC mainly because there is no central storage location at the Town House and no point person since Town Planner Gil Hilario left Marion’s employ for North Attleboro. Francis pointed out that the EMC is a committee of the Select Board so that is the place to start.

            Fire Station No. 2 was a topic of discussion where it concerns potential for installation of a heat pump. According to EMC Chairman Christian Ingerslev, Marion Facilities Manager Shaun Cormier believes the power supply in that building can run a heat pump even if its electrical system is based on two, as opposed to three-phase power.

            Saltonstall said that to put a heat pump into the next Green Communities grant application and compete in earnest for state support, more complete information will be required. The committee voted to recommend to the Select Board that the board request that Energy Source completes an energy audit for the town.

            Because the secret is out on the efficiency and favored status of heat pumps, there are emerging supply-chain delays and resultant price increases. The heat pumps scheduled for installation in the Town House were bid at approximately $500,000 and are expected for later this year.

Five Green Communities grant pursuits were discussed: heat pumps for the Cushing Community Center, Fire Station No. 2 and the Town House, the progress at the Taber Library and the WWTP temperature controls.

            Francis suggested the EMC make a list of Energy Source requests so that any opportunities to correspond with the company will be optimized by maximum preparation.

            Saltonstall updated the committee on the Sippican Elementary School’s main transformer that was originally added by Green Communities. Saltonstall said it looked like it had a pretty good payback and should be easy for Energy Source to update.

            As for proposals for other municipal buildings and properties, Saltonstall said that targeting projects may be leveraged by the size of available grants. He said he plans to discuss the matter with Green Communities representative Lisa Sullivan.

            In response to the EMC’s interest in Marion’s Multi-Hazard Mitigation Plan, member Eileen Marum reported that Marion Police Chief Richard Nighelli gave her the town’s evacuation plan. Town Administrator Jay McGrail has been designated to issue evacuation orders, which could also come from the governor.

            Nighelli, Marum reported, wishes to discuss a potential solar canopy in the parking area of the Police Station, Marum invited him to attend the EMC’s August 22 public meeting. Nighelli, she said, is interested in grants for the installation of a canopy and solar panels.

            Marum asked the committee about a solar array atop the Police Station roof. Albeit optimistic, Saltonstall suggested a check on the matter, along with the issue of proper sun exposure.

            Nelson suggested that once CVEC is ready to go forward with Marion’s next set of projects, the committee should have a few projects ready to go. Ingerslev questioned the focal point of such, be it for power or for income. Marum recommended just adding electricity into the grid. Nelson suggested a battery behind the grid would put the town more in control of a project than its developer. Francis believes the Police Department is necessarily focused on what happens if power is out in the whole region.

            Saltonstall said that this might be a telling year in the relationship of the town and Future Generation Wind, the company that provides covering 95 percent of Marion’s power supply for municipal buildings.

            In discussing a reduction of Marion’s municipal carbon footprint, Ingerslev said the EMC needs to make “the community aware that they are also responsible for doing something.”

            Francis said that Wellesley recently produced a climate action plan and said it is something that in Marion would dovetail nicely with the Hazard Mitigation Plan.

            Some of what the EMC can do depends on the Select Board’s approval of the committee’s ongoing effort to revise its scope of work.

            The committee may experience some reorganization this fall, as Tom Friedman seeks to hand off his secretarial role. Nelson may take over when her schedule allows in October. Ingerslev asked if anyone on the committee would nominate a new chairperson and was immediately celebrated for his work in the role and nominated to continue in it.

            Francis and Nelson reported recent encounters with residents they think would make strong additions to the committee.

            The next meeting of the Marion Energy Management Committee is scheduled for Monday, August 22, at 5:00 pm.

Marion Energy Management Committee

By Mick Colageo

            The Heron Cove Estates, LLC 40B housing project proposed for Wareham Road took a significant step forward during a continued public hearing with the Marion Zoning Board of Appeals on July 14 at the Marion Police station. A Local Initiative Program (LIP) 670CMR negotiated with and approved by the Select Board, the proposal has been under the Marion-contracted peer review of Peter Palmieri.

            Representing developer Ken Steen, Phil Cordeiro of Allen & Major Associates said he enjoyed working with Palmieri and believes that Steen has addressed the peer-review concerns brought to the ZBA by Palmieri. Cordeiro said closure was achieved with the traffic consultant and other questions and concerns related to the site plan.

            Given the floor while attending via Zoom, Palmieri told the ZBA that he reviewed Steen’s latest revisions and soil-testing samples and said the plans were professionally done. He commended the design engineer for being responsive to peer review’s concerns and comments. From a technical standpoint, Palmieri said all concerns have been addressed.

            “The only concern – and I just want the board to have a clear picture of this – is the height of the retaining wall in the southwest corner of the project site, which is right on the property line. The wall varies in height from 11.8 feet to 9.7 feet, and then on top of that is a 5-foot fence,” said Palmieri. “I guess I was having a little bit of a hard time visualizing how that would look. Phil may be able to add some additional information on that, but again, as far as the technical components of the submittal, all of our comments have been satisfactorily addressed.”

            Cordeiro confirmed Palmieri’s data but said he could not provide examples of the fence on the spot, telling the ZBA that the next step is putting together the design for that area. He said he could coordinate back to the ZBA through Building Commissioner Bob Grillo.

            “What it amounts to is the (retaining) wall height is generally even at the top; the underlying terrain moves, and it reveals more of the wall, but on top of the wall would be that (5 foot) fence,” explained Cordeiro.

            Steen took the podium to clarify the wall for the board.

            Using the wall behind the Brew Fish restaurant parking lot as a point of reference, Steen said, “This wall will be remarkably similar to that wall in terms of how it looks.” He said the wall behind Brew Fish is in some spots higher than the one to be installed at Heron Cove. The same materials and construction will be used, he said.

            When ZBA Chairperson Cynthia Callow opened the floor for questions from the board members, Tucker Burr asked for clarification on Palmieri’s letter to the ZBA saying he could not find any examples of what the site plan showed him. Burr asked if Palmieri meant he had not seen examples on retaining walls built on property lines or “so close to water-management structures.”

            “It was primarily the height of the wall on the property line and that wall retaining the subsurface infiltration systems – again, right next to the property line,” explained Palmieri. “I have seen systems that do have retaining walls, and they seem to work fine. Again, I do not have a concern about the technical or the engineering component of it. I guess it’s just I haven’t seen one right on a property line, right next to an abutter’s property that isn’t somehow shielded or there’s some aesthetic treatment done.”

            The retaining wall is believed to be over 100-feet long.

            Palmieri said he could not determine exactly where the abutter’s house was situated on that adjacent lot. If the wall is considered a structure, then does it have to comply with the ZBA’s setback requirements, Palmieri asked. Burr estimated the distance of the house from the property line to be no more than 15 feet. “At this point,” Palmieri said, “it really is the visual impact.”

            Cordeiro said he and Steen could take the retaining wall away from the property line far enough to soften the abutters’ view with some plantings, as it was already planned for lower parts of the wall. “The reason it is so tight presently is a fire-access road required by the Fire Department is there,” said Cordeiro.

            Grillo told the ZBA that the bylaw is vague as to whether the retaining wall should be deemed a structure. “It’s an odd thing because it certainly looks like a structure under the definition, although it’s not spelled out, but one of the odd things about it is that retaining walls a lot of times are put within the setbacks specifically to change grades,” he explained. “I would have to take a look at historical precedence on this before I would want to make a decision on it because it doesn’t make sense that it would be considered a structure and have to meet the (required) setbacks.”

            ZBA member Dr. Ed Hoffer alluded to Fieldstone Lane residents being unhappy with their view, describing their experience as looking out at a construction site. “Having a more-appealing vista would add confidence,” he said.

            Grillo said that even if the retaining wall is considered a structure, the ZBA has the authority to waive the setback requirements, conditioning the project with plantings. Burr was less than confident shrubs could adequately screen the retaining wall.

            While acknowledging that erosion control does not fall under ZBA purview, Callow asked Town Counsel Jon Witten if the ZBA could ask its consultant for advice on such matters for the purposes of vetting the 40B project.

            “It’s certainly within the board’s scope,” said Witten, agreeing with Palmieri. “You have overall superintendency of health and safety issues and stormwater management. Stormwater control is certainly part of it, so the answer is yes.”

            Witten differed with Grillo’s viewpoint on the retaining wall while acknowledging the ZBA could grant a waiver. But he strongly advised that the board rely on Palmieri for guidance as to the safety and placement of the structure. Regarding the processing of waivers in general, Witten told Callow the ZBA could decide when to take them up.

            Attorney Mark Bobrowski, representing Steen, said he would have the waiver request list ready at the next hearing on August 11.

            ZBA member Dana Nilson was prepared to motion that the board vote a conditional approval of all traffic and civil matters, but in light of Bobrowski’s plan to deliver waiver requests at the next hearing, he suggested the board wait for that before acting.

            Bobrowski asked if the ZBA would like a presentation on landscaping and architecture.

More banter touched lightly on energy and design of the homes.

            The board voted to continue the public hearing to August 11.

            The ZBA approved a special permit for Bonnie Ellis and Craig Huntley to expand a nonconforming structure at 13 Wianno Road.

            Presenting to the board on the one-year anniversary of her residency with Huntley in Marion, Ellis explained their desire to move across the street from her “tiny, two-bedroom ranch.” She said the family has a grandchild with another on the way. The opportunity to buy land across the street from their 8 Wianno Road home came up during the winter.

            The proposal calls for the addition of a second floor to the single-story home at 13 Wianno Road to house visiting children and their families, while also creating much-needed storage space.

            Nilson said the new footprint will be no more nonconforming than the current side setbacks. He identified the issues under ZBA purview as the front setback. Marion’s bylaw requires a 15-foot side setback, but that will not be required in the expansion planned to extend 10-feet deeper to the back and 2 feet, 10 inches closer to the street, but no wider than the existing footprint.

            Abutter Augusta Rosenthal, who lives directly across the street, said she needs “to see exactly what they’re going to do with it.” Resident Barry Gaffey, 22 Converse Road, considers the current structure “an eyesore” and said he is fully in favor of an expansion project.

            Varut Phimolmas sent the ZBA a letter of withdrawal of his application for a special permit to put a change of use from retail to a restaurant at 290 Front Street. Phimolmas said in the July 11 letter, as read by ZBA Chair Cynthia Callow, that the move would cause problems for the neighbors. He expressed gratitude toward the ZBA and town officials and indicated his intentions to move his family back to the restaurant’s original location at 374 Front Street. The board voted to accept the withdrawal of the application without prejudice.

            The ZBA briefly discussed the case of Marion Village Estates coming up on Thursday, July 28. Board administrator Anne Marie Tobia said the meeting is a matter of peer review of Fieldstone Lane.

            The next meeting of the Marion ZBA will be held on Thursday, August 11, at 6:30 pm.

Marion Zoning Board of Appeals

By Mick Colageo