In his final meeting as chairman, Dr. Ed Hoffer told the Marion Board of Health that only a month ago Massachusetts was seeing 22,000 Covid cases per day. By the beginning of February, that number had dwindled to approximately 5,000.

            Hoffer intends to remain on the board as clerk during his announced run for a seat on the Select Board. He also serves on the Zoning Board of Appeals. In a reorganization of the board on February 3, Dot Brown volunteered to serve as chairperson, and Dr. John Howard will serve as vice chair.

            The Covid positivity rate in Marion was at 11.21 percent in January as 380 people tested positive, estimated by Public Health Director/Nurse Lori Desmarais to be an all-time town high. Three days into February, the count was at 11.

            In her update to the board, Desmarais said that Marion has had 1,088 total positive cases. As of the board’s February 3 meeting, there were 55 active cases, down from 185 in the prior week.

            As of February 2, Sippican Elementary School had two personnel in the test-and-stay program, no one in quarantine but six positive tests in isolation. There have been 132 positives at Sippican since the start of the 2021-22 academic year.

            At Old Rochester Regional Junior High School, one person was in test-and-stay, no one was in quarantine but six were positive and in isolation. As of February 2, the ORRJH total for the 2021-22 academic year was 93.

            At ORRHS, no one was in test-and-stay or quarantine and only one positive test in isolation. Since the start of the 2021-22 academic year, there have been 208 positive tests.

            Desmarais said that ORR Superintendent of Schools Mike Nelson told her that the state agencies have moved on to a different testing strategy. Effective February 7, test-and-stay and contact tracing will no longer be practiced but replaced by at-home antigen (rapid) testing. Symptomatic testing will remain part of the ORR School District strategy.

            Tabor Academy has had 153 positive Covid tests since the start of school.

            On February 1, the Town of Marion received antigen tests, and a drive-up distribution to residents was scheduled for Monday.

            The Board of Health voted to approve the FY23 Health Department budget as presented by Desmarais.

            While telling the board that the annual budget figure is the same as FY22, Desmarais noted some tweaks. She increased the budget to pay for training and certifications for herself and Health Agent Ana Wimmer, along with funds to contract a registered sanitarian and for soil-evaluation services. Compensatory cuts will come out of travel, among other areas.

            “I also decreased a little bit in the health services because we do have a revolving fund. We’ve been using some of that money to pay for the some of the clinics. The staff, they’re helping out with that,” said Desmarais.

            In her January report to the board, Wimmer said the department held one perc test and one food inspection.

            Along with updates on ongoing septic projects, Wimmer noted two new septic applications received in the final week of January at 91A Allen’s Point Road and at 498B Point Road and two new plans during the first week of February at the Edwards Bridge Road subdivision and Deer Run No. 4. All are in “a state of waiting” according to Wimmer.

            Wimmer reported on correspondence with Congressman Keating’s office regarding 514 Front Street, where the occupant received a 30-day order to correct on January 10.

            “There seems to be a little bit of a discrepancy between what I’m hearing from the occupant and what I’m hearing from the management company and,” said Wimmer, who told the board that the management company says it is trying to address the violations but is hitting some roadblocks. “Obviously, I don’t know either super well so I don’t know who’s telling the truth, and we’ll see what happens next week.

            Wimmer said she accompanied Animal Control Officer Sue Connor on a visit to 464 Front Street. The visit revealed no violations of the housing code indoors, but Wimmer said safety issues outside needed attention including broken glass strewn about on the lawn.

            With “several children living in the house,” Wimmer gave the occupant 30 days to repair that situation. Cats were found in two trailers on the property, and Wimmer described it as an environment where pests and rodents can get in.

            Hoffer said the property has been a sore spot in the community for years.

            The next meeting of the Marion Board of Health is scheduled for Thursday, February 17, at 4:00 pm.

Marion Board of Health

By Mick Colageo

            The Marion Zoning Board of Appeals got its first look at the revised plan for Heron Cove Estates during the board’s January 27 public meeting.

            Increased from 96 to 120 units, this iteration of Ken Steen’s proposed 40B, Local Initiative Program (LIP,) affordable housing project on Route 6 at the Weweantic River is the product of negotiations with the Marion Select Board, the conditions of which are binding as the ZBA goes through what is expected to be a lengthy vetting process. Without an extension, the board would have 180 days to keep the public hearing open.

            In explaining the agreement to the ZBA members, Town Counsel Jon Witten made clear that while the Select Board’s conditions are binding to its endorsement in accordance with Section CMR-4500, the ZBA will ultimately decide whether to approve the project.

            Armed with the coveted project-eligibility letter from the state Department of Housing and Community Development (DHCD,) Steen was on hand (virtually via Zoom) with his representatives, attorney Mark Bobrowski and design engineer Phil Cordeiro, to present a fresh, new application for the board’s consideration.

            In highlighting major changes to what Steen described as “a rental community” (residents will not be homeowners,) Cordeiro compared before and after illustrations shared via his computer screen. The addition of 24 units occurs closest to Route 6, where a previous plan for a subdivision of single-family homes on either side of the boulevard entrance has been scrapped. A tennis/pickleball court has been added on the property’s perimeter, along with two areas to absorb stormwater runoff due to the increase in impervious square footage.

            Once ZBA Chair Cynthia Callow opened the floor to the ZBA members, a variety of subjects was addressed such as procedural guidance on dealing with waiver requests (Will Tifft.)

            Witten recommended addressing and voting on each waiver individually but also recommended holding off on deliberating waiver requests – there are 27 – until the ZBA hears back from peer review.

            Member Margie Baldwin asked what the thinking is behind the 24-unit increase.

            “In negotiations with the Select Board, the applicant was asked to take on some obligations with regards to the municipal sewage system. The 120 units are better suited for our end of the bargain,” explained Bobrowski, who further noted that under 40B rules and regulations, the affordable units are spread about the property, one for every three market-rate units. “They are not segregated in any particular area. … It’s very important under the Massachusetts Housing Program, DHCD’s Local Initiative Project (LIP) and the rules of the Housing Appeals Committee that no segregation of the affordable units take place.”

            The project consists of 12 three-bedroom units (10 percent of the total, a 40B design requirement according to Bobrowski) situated among 38 triplex buildings otherwise containing 102 two-bedroom units. There are also three duplex buildings containing six two-bedroom units. The roads will remain private.

            The displayed site plan appeared to show 40 garages that Cordeiro described as amenities. “It wouldn’t be an amenity if everybody had one,” he said.

            Nilson asked if the developer has learned from Eversource what upgrades are necessary regarding electric and gas.

            “In terms of Eversource electric, adequate power is available along Route 6 from what we were told a little over a year ago, maybe even longer than that,” said Steen. “There is actually no gas that services this area so we are contemplating as to whether or not we’re going to go with propane heat or we’re going to go with electric, high-efficiency heat pumps, which is somewhat the rage these days in terms of green building and emissions.”

            There will be no natural gas so the project will be heated by electric heat pumps and/or propane.

            Steen said there is no connection between heat pumps and solar. “I can tell you we wouldn’t be looking at solar in any way, shape or form at this point, that’s for darn sure,” he said.

            Because of several board members’ lack of familiarity with the project history, peer review was discussed in some detail.

            ZBA member Dana Nilson asked if the board has received the money it would pay out to peer-review consultants. Steen has an escrow account with the Town of Marion to which he planned to deposit $6,500 on January 28 in order to achieve a $10,000 balance. Steen has other money ($61,000) in the account that has been allocated to water-and-sewer studies, including supplemental studies taken up by the Select Board as part of the LIP agreement between the two parties.

            After Nilson suggested the board take “a serious amount of time” to get the best possible resources for peer review, Bobrowski insisted that the ZBA had already received peer-review funds for the 96-unit application (since withdrawn in favor of the 120-unit application) and hired Andover-based Vanasse & Associates Inc. for a traffic study, Merrill Associates for civil engineering and used the Marion Department of Public Works to examine stormwater.

            “Those (studies) are largely done and just need to be updated so I’m urging the board to be respectful of the process that’s already taken place,” said Bobrowski. “I’m not hearing any complaints from any member about the job they did. The bills were paid, and that speaks for itself. If you need to go elsewhere for something like architectural or another discipline that hasn’t spoken in yet, feel free. We’ll work with you to make whatever accommodation we can, but please be mindful of the fact that this work is 96/120th’s done.”

            The board eventually voted to retain Vanasse (traffic) and Merrill (civil) as peer-review consultants, and Bobrowski and Witten agreed it would work best to focus the meetings inasmuch as possible and interview peer-review consultants in stages.

            The stickiest point of the conversation was about water metering.

            During the public hearing for Heron Cove, Callow pointed out the detail in the “pro forma” (project narrative) that each unit’s water consumption would be individually metered and asked if that has been approved or is being negotiated.

            “It’s imperative economically for these units to have individual services with individual meters,” said Steen, noting that water metering was discussed with the Select Board. “It hasn’t been approved; it’s obviously the (ZBA’s) decision. It’s listed as one of the waivers, but I can tell you without that relief, this project will not go forward.”

            In the recent case of Marion Village Estates (a Steen project,) Bobrowski asserted that the town had originally agreed to charge the longstanding project for water according to the lowest pricing tier. The town later added tiers and, since MVE’s three meters were each accounting for 20 units’ usage, the project has been charged according to the highest pricing tier based on the meters’ usage records.

            Tifft empathized with Steen’s plight in the members’ post-hearing discussion, but Callow disagreed and so did others.

            During an animated conversation among the membership after the public hearing had been continued to February 24, Nilson said the Steen can meter the water on his own and spread the cost over 30 years, for instance, “and he’d get it back as opposed to the town losing that water money. We should get the tiered rate because of the use; how it’s metered should not be our problem.”

            In the aftermath of that discussion, Nilson asked the members if Heron Cove should be conditioned that it cannot be turned into a condo association.

            Before adjournment, Callow would tell the ZBA members that she would be attending “conference of counsel” the next day to hear Bobrowski and Witten discuss Steen’s stipulation for single-unit water metering.

            “Wait ’til you see the binder and all the waivers that he wants. He doesn’t even want to put erosion control,” said Callow.

            Transportation was also discussed in the hearing, and Cordeiro explained from conversation with ORR School District administration that bus entry into private areas is problematic so he showed on the site plan a bus shelter for students along Route 6.

            Dr. Ed Hoffer, a ZBA member, noted that a bus route along Route 6 stops in two places in Marion but is seldom used by Marion residents.

            The main boulevard entrance has two, 20-foot, divided lanes to ensure that events will not block emergency access.

            The board voted to continue the public hearing to Thursday, February 24, at 6:30 pm.

            Three other cases were discussed, two in public hearings.

            Dustan McGlinn, the former owner at 176 Wareham Street was denied a variance from Section 230-5.1 of the Marion Zoning Bylaws to allow a nonconforming deck. Representing the new owner, Heidi Nye told the ZBA that the deck had already been cut back, and John Romanelli of New Bedford-based Zenith Land Surveyors told the ZBA that the deck now stands 10.1 feet back of the rear lot line and conforms to the setback requirement. Romanelli represented abutter Veronica Williams.

            George and Jean Linzee, 460 Front Street, were voted a special permit for construction of a 416 square-foot accessory apartment.

            Jay Flanagan, 26 West Avenue, was denied a variance to allow a public entry 4 feet closer to the street and was also denied a special permit to allow an extension of a non-conforming garage.

            The next meeting of the Marion ZBA is scheduled for Thursday, February 10, at 6:30 pm.

Marion Zoning Board of Appeals

By Mick Colageo

It has been 33 years since the Mattapoisett Planning Board reviewed its fee structure for various matters of permitting and approval for construction projects. On February 7, the board was armed with a draft of updated fees as it took on the task of refining the language contained in the fee schedule and heard from the public.

            It immediately became apparent that a list of definitions would have to accompany the fee schedule in an effort to make fee categories and associated documents abundantly clear to the public. The board and the public, primarily engineers Douglas Schneider of Schneider, Davignon and Leone Inc. and Bill Madden of G.A.F. Engineering, discussed when a change would trigger either the need for a fee for plan revisions for Form A, Approval Not Required (ANR) applications or an entirely new plan submitted by the applicant.

            That singular category consumed the lion’s share of the discussion. In the end it was determined that the fees (available at mattapoisett.net) are in line with surrounding towns, but the language needed tweaking for clarity’s sake. The updated fees were found to be acceptable to the board and the public. The draft will be edited and returned to the board for public acceptance at a later date.

            In other matters, what on the surface has appeared to be a simple Form C subdivision for a modification to an existing roadway and associated easements turned into a debate on the need for a confirmed surety, cash or a bond.

            Coming before the board and representing Dandy Realty Trust, Daniel Chase trustee, Madden explained that the applicant was awaiting confirmation from the Massachusetts Department of Transportation for the curb cut required for improvements to Nicky’s Lane, located off Route 6. However, on this night the applicant requested local approvals while holding back on a roadway surety.

            The issue debated was when a surety or other form of financial device must be established. Is it needed once all the state approvals are in hand, or is it part of the local agreement, therefore needing to be established now?

            David Nicolosi, one of the abutting property owners who is also the contractor for the roadway project asked the board to give the project leeway to withhold the surety agreement until work could commence. Nicolosi said he was willing to put up his lot as surety, something he said was regularly done. But member Janice Robbins found that proposal inconsistent with established practices on a subdivision of this sort, pressing for cash or a bond.

            The discussion continued in this vein with Robbins impressing on the applicants’ representative the need to have financial matters sealed with a “date certain,” not open-ended. Attorney Patricia McArdle, representing Dandy R.E., argued that the town’s bylaw gives the Planning Board the authority to grant the application with surety for completion of the roadway promised but held until work could begin.

            In the end, it was determined that the matter would be continued to March 7 and the project deadline for a decision extended to April 15, giving the applicant additional time to prepare a surety agreement.

            Other matters handled included the continuance of a Definitive Subdivision planned for Park Street extension until March 21 with an extension date the same.

            Randall Lane Solar LLC sought and received a withdrawal without prejudice for a previously requested ANR.

            The next meeting of the Mattapoisett Planning Board is scheduled for Monday, March 7, at 7:00 pm.

Mattapoisett Planning Board

By Marilou Newell

Rochester Select Board Chairman Brad Morse took the opportunity of Verizon New England’s appearance at a 6:05 pm appointment to reiterate an important message.

            “Before we approve the motion, I want to mention problems with poles around town,” said Morse, describing “lots of double poles, to the tune of about 20, and some hanging poles as well.”

            In a public hearing, Verizon New England sought and received approval to install new utility poles (Nos. 47.5 and 47.5s) to serve a new residential construction at 990 Walnut Plain Road. There were no comments from the public, but Morse made sure the word got back to the office that the Town of Rochester is still waiting on longstanding requests.

            Nonetheless, Morse and Select Board member Woody Hartley voted their approval of the application. Select Board member Paul Ciaburri was unable to attend on Monday.

            The Rochester Country Fair is looking to make a comeback on the August 20-21 weekend after the event’s cancelation in 2021 due to the coronavirus pandemic.

            Event representative Kelly Sullivan-Morgado told the board that many businesses shut down due to Covid. “We’re trying to fill our agenda and fill it tight and get all the old-time favorites in there,” she said. Hartley asked about the setup schedule, and Sullivan-Morgado said the event will seek permission to conduct set-up all throughout the week leading up to the Saturday-Sunday event.

            Meantime, much in the way of maintenance on the grounds needs to be done, including portions of the fencing that have come down and work on the track, another activity requiring permission. Town Counsel Blair Bailey was assured that all the workers will be volunteers.

            Sullivan-Morgado is in discussions with the Acushnet Lions Club regarding the possibility of selling alcoholic beverages on the grounds.

            “We need to notify the abutters ahead of time. We always take care of that and give the town a copy when (the notice) goes out,” said Sullivan-Morgado. She said the mailing will be out by June 20.

            In a 6:25 appointment, the board voted to approve Police Chief Robert Small’s request that Richard Heslin be appointed a full-time officer. Small told the Select Board that Heslin has earned a master’s degree and that it is nice to “have someone onboard who can assimilate quickly” and help mentor younger people.

            The Select Board voted to approve the Rochester Cultural Council’s request that Erica Rys be appointed to membership. The board also voted to declare some old computers as surplus.

            In her Town Administrator’s Report, Suzanne Szyndlar told the board during that the annual audit (FY21) has been completed and can be found on Town Counsel Blair Bailey’s page at townofrochester.com.

            Szyndlar announced a recent grant, telling the board that Town Planner Nancy Durfee applied for a public-safety feasibility study under the state’s Municipal Vulnerability Program (MVP) and also applied for a $15,000 in Master Plan matching funds to be voted on at Town Meeting.

            Citing the January 29 snowstorm, Szyndlar thanked town personnel for a great job.

            Noting that the submission deadline for applicants for the job she will vacate on June 30 was February 4, Szyndlar said she will be scheduling interviews. Rochester is also looking for a new building commissioner.

            Under Old Business, Hartley told the meeting that he and Town Planner Nancy Durfee recently attended a circuit meeting. “It makes us much stronger for keeping up with grants,” said Hartley. “It was really good having her there to ask good questions and understand the language much better than I ever have.”

            The board entered executive session to discuss strategy relating to negotiations with union and non-union personnel and did not return to open session.

            Citing personal conflicts, the board did not settle on a date for its next regular meeting. Monday, February 21, is Presidents’ Day.

Rochester Select Board

By Mick Colageo