Rochester’s Select Board Monday signed the host agreement for Megan’s Organic Market, the recreational marijuana retail store planned for 621 County Road, with two amendments, one altering the fee structure and the other a slight change in location.

            Prior to the board approving and signing the document, Select Board member Brad Morse explained that state law has changed the provision that allowed a town to charge a flat fee to a marijuana-related business moving into its community. The new law, he said, states that a host community must compile the cost of services the town renders to the business and charge that amount yearly.

            Of the location change, Morse said the store is merely moving from one building to the other on the same business pad and property at the Rochester Crossroads mixed use development site at Routes 58 and 28.

            But the change led Megan’s Organic Market attorney Chris Alphen, appearing remotely via Zoom, to request a change in venue for the follow-up community-outreach meeting that is required under state law for a marijuana-related business moving to a Massachusetts community. He asked to be allowed to host this meeting on Zoom rather than in person.

            The Select Board approved this change after Town Administrator Glenn Cannon noted few people attended the initial outreach meeting in January 2023. In fact, he said, he was the only member of the public who attended that meeting.

            The Planning Board is now considering the business’s Special Permit and Site Plan Review applications. On August 8, the Planning Board continued the project’s hearing until September 12 after approving two waiver requests: a reduced distance from the stormwater treatment center of only 157.2 feet and a reduced distance between stormwater system and the sewerage system of 132 feet.

            Under correspondence, Morse alluded to a recent complaint against the flagpole at the Plumb Public Library by announcing the town has no authority over the library, as it is managed by the Library Board of Trustees. He added only that the Board of Trustees meeting of September 14 will discuss the issue.

            After the meeting, Cannon said he believes the flag in question was the “rainbow” flag. In a separate interview, Library Director Kristen Cardoso would not comment on the nature of the complaint, saying only that it will be discussed on September 14.

            In other business within the Select Board meeting, the board approved a newcomer to town, Drew McManus, as a new associate member of the Conservation Commission. Morse noted the recent transplant to Rochester is the conservation agent for the Town of Mashpee.

            The Select Board set its next meeting for Tuesday, September 5, at Town Hall, 1 Constitution Way. Cannon explained this will not be a Monday meeting because September 4 is Labor Day.

Rochester Select Board

By Michael J. DeCicco

            Rochester’s Zoning of Appeals on August 10 reapproved two variances to allow the construction of a multifamily home at 149 Marion Road.

            Amy and Jesse Hartley-Matteson were returning to the board because they had let the previous variance approvals for the project lapse without starting work; such variances are valid for only one year. Amy Hartley-Matteson said they were unaware of the one-year limit, as it was given only a one-sentence mention in the paperwork they signed, and they had not yet started that part of their renovations. Zoning board members responded they had no problem renewing what had been granted a year ago.

            The petitioners were seeking a variance of the lot-size requirements and another variance to allow an increase in the floor-structure area to exceed 30%, with the goal of turning a single-family dwelling into a multifamily home so Amy’s parents, Woody and Sharon Hartley, may live there.

            Next, the ZBA was less positive toward a variance request of the 40-foot minimum setback requirement for an existing pool shed at 2 Bishop Road. The board continued the hearing to August 24 after noting doubts that it would grant approval.

            Consulting engineer John Romanelli said the 12×16-foot shed at 2 Bishop Road is less than 40 feet from 0 Bishop Street because he made a mathematical error when drawing the lot lines. Now the owner of 0 Bishop, Mark Wilson, wants to sell his vacant lot. But the pool shed owned by Romanelli’s client, Logan Smith, 2 Bishop Road, is massive, filled with electrical and other equipment, and would be difficult to move.

            ZBA member Richard Cutler set the tone of the board’s response by noting, “This is a created hardship. It’s not allowed.”

            Romanelli said he cannot make the other lot conform to town zoning without ruining the shed, resulting in a lot of expense. Board member Jeffrey Costa suggested it would not be as big of a concern if the neighbors had no problem with it. ZBA Chairman David Arancio motioned a short recess to let Romanelli to speak to Smith before seeking a withdrawal or a continuance, but Romanelli was unable to contact him.

            When motioning the continuance to August 24, Arancio proposed that both property owners attend the meeting and that any ultimate agreement between the two be in writing to guard against the issue becoming a problem in the future.

            In other action, the ZBA agreed to organize its own bylaw-review subcommittee. Arancio said he has yet to hear from Town Counsel on Town Planner Nancy Durfee’s proposal to create a similar, less-formal bylaw study group. The board set creating the subcommittee at its next posted meeting.

            The Zoning Board of Appeals is scheduled to meet again on Thursday, August 24, at 7:15 pm at Town Hall, 1 Constitution Way.

Rochester Zoning Board of Appeals

By Michael J. DeCicco

            The Marion Affordable Housing Trust held a substantial discussion during Tuesday night’s public meeting on a potential bylaw revision to the existing one governing accessory dwelling units, but movement is not imminent.

            “Norm (Hills) wants to slow down on this, (but) the thing is, if we wait for the Codification Committee, what do you feel in this bylaw needs to be tied to any other bylaw? Toby (Ast) did a nice little rendition here,” said AHT Chairperson Terri Santos.

            Hills explained that many of the bylaws that he has spent countless hours sifting through are problematic because they conflict with other overlapping bylaws. He doesn’t want the same thing to happen with the bylaw that addresses accessory dwelling units.

            Referencing the last Planning Board meeting that engaged in a discussion with concerned residents regarding short-term rentals in their neighborhoods, Hills said, “they’re all tied together. I don’t think we can do one without the other. Short-term rentals basically suck up any affordable units.”

            Santos countered that most of the properties in Marion that are being rented are high end.

            “They all get swept under the same rug,” said Hills. “A bylaw is written without consideration of impact on others … then the building commissioner is trying to (weigh) … doing this in a vacuum is not a good idea.”

            Santos believes that the whole short-term, rental issue can be addressed by adding to the governing bylaw. Hills noted the Planning Board’s intentions to write a short-term-rental bylaw.

            Eileen Marum, the AHT’s newest member but no stranger to municipal government or housing matters, referenced existing rental bylaws in Barnstable and Alford.

            Ast noted that the last Planning Board meeting saw several residents criticizing short-term rentals. Santos estimates that there are 50 short-term rentals in Marion. Ast and Hills plan to work together on the accessory-dwelling bylaw.

            The trust voted to approve the draft letter of reply to former Select Board member John Waterman’s letter recommending the town do away with the Affordable/Inclusionary Housing Bylaw.

            Member Susan Miller’s effort to fast-track Marion into a rain-barrel water program meant to assist the needy has met obstacles.

            Ast consulted with Community Preservation Committee Chairman Jeff Doubrava, whom he says does not think CPA funds can be used for the rain barrels. Ast reported the same general response from the nonprofit Community Preservation Coalition.

            Miller said the number of Mattapoisett homeowners taking advantage of the program is up from 47 to 57. “It’s something that’s meant to help with the water bill, but it’s not for everyone,” she said.

            Santos suggested a look into grant-funding opportunities.

            The AHT potentially has two new members, including applicant Chris Collings, a former member of the Planning Board.

            The next meeting of the Marion Affordable Housing Trust is scheduled for Tuesday, September 12, at 6:00 pm at the Police Station.

Marion Affordable Housing Trust

By Mick Colageo