Ultimately met with approval in the September 9 meeting of the Marion Zoning Board of Appeals, Ken and Darla Parsons’ application for a special permit to tear down and replace an existing, one-story cottage and garage at 27 Dexter Road with a new, two-story house and garage along the Weweantic River in compliance with FEMA regulations typifies the region’s ongoing transformation of seasonal, coastal neighborhoods originally developed over a half-century ago into year-round residences.

            Only the Parsons case struck a chord for ZBA member Dana Nilson who, in noticing the trend, said, “I don’t have a problem with the height…. There’s a lot of two-story homes over there now. I am struggling with why [the applicants] haven’t been able to maintain the setbacks that the zoning requires, especially the side setbacks.”

            Nilson said a different house design would allow the project to meet the 20-foot side setback standard by attaching the garage and thereby canceling the 14-foot gap between the structures.

            Representing the applicant, Dave Davignon of Schneider, Davignon, & Leone, Inc., pointed to Section 230-6.1e of the Marion zoning bylaw and offered the interpretation that projects are typically approved that improve on the non-conforming setbacks. “The structures could be joined, but that’s not what we have now. It would change the whole dynamics of the lot and being able to see through to the water,” he said.

            ZBA member Margie Baldwin had first asked about the trend from existing cottages toward year-round residences and the collective impact on the issues that fall into the Conservation Commission’s purview. Davignon reported to the ZBA that ConCom voted the night before the ZBA met to green-light the project.

            With 93 feet of frontage along Dexter Road, the 21,780 square-foot lot laid out in 1944 is non-conforming with today’s zoning standard. The proposed house and garage will increase the construction footprint from 8 percent to 13.7 percent. The proposed two-car garage, to be set back several feet farther from the road than the existing garage, measures 24 feet wide and 30 feet deep. Davignon says the proposed designs will improve on the existing non-conformities.

            Facing the street, the 27.5-foot height of the proposed house is below the 35-foot limit, but because the lot slopes toward the water, the house will appear to be taller. Davignon said there will be no living space down below; it will mainly be used for storage.

            The design puts the proposed house in the same general location, the deck no closer to the Weweantic River at 128 feet away and the house farther away because the proposed deck is larger.

            “This week it was a 13-foot setback, next week it’s going to be a 9-foot setback, and the week after that it’s going to be a 6-foot setback and we’re going to get caught. I just think we need to make sure we’re trying to do what’s right by the bylaw and so forth,” said Nilson.

            ZBA member Margie Baldwin agreed, citing the repetitive nature of such cases in Marion. But administrative assistant to the board Anne Marie Tobia harkened back to a statement made by Town Counsel Jon Witten: “There’s no such thing as precedent in land use. Every case has to be determined on its own merit,” said Tobia, expounding on the application to the current case. “This one was what it was; it doesn’t mean it’s opening the door for everybody to have 13-foot setbacks.”

            Building Commissioner Scott Shippey elaborated on Tobia’s comment, noting that the application of Section 230-7.2, the six criteria that the ZBA is charged to use for a basis of deliberation on such matters, include and address the concerns taken up by Nilson and Baldwin.

            “This is an important decision based on how we proceed with addressing the bylaws in town and in these neighborhoods, and how many McMansion homes get built – and that’s not a bad thing, necessarily – I’m just saying I want to make sure I feel comfortable, and I’m really trying to follow the bylaw as it’s supposed to be done and not squeak in a house just because it’s an inch further over the lot line or the setback line,” said Nilson, noting a substantial size difference in the proposed house and garage.

            Davignon took issue with the “McMansion” comment.

            “I’d just like to point out some numbers. The first floor – this is not a McMansion – the total living space proposed is 2,228 square feet, 1,363 of which is on the first floor,” he said, asserting that the first-floor living space totals just over 2,000 square feet, including the deck and the porches.

            Nilson stood his ground based on the proposed house having an additional story, but Davignon pointed out that the neighborhood had been originally developed from 1945 to 1962. “This is actually modest compared to other homes,” said Davignon, relative to the redevelopment typical to the neighborhood. “I don’t think 2,200 feet of living space is out of character for today’s day and age.”

            “I’m not going to disagree on that,” said Nilson.

            Though the matter falls outside ZBA purview, Davignon began his discussion of the project by explaining the LiMWA (Limit of Moderate Wave Action) zone to the board, saying that from approximately 5 feet east of the deck toward the water, “You’re in a velocity zone; you’re subject to wave action that could approach elevation …”

            The LiMWA, he said, was created as an extension overlay of the velocity zone where moderate wave action could occur. The current first-floor cottage, Davignon said, is nearly 3 feet out of compliance.

            While Marion has not adopted the stricter regulation mandating Velocity Zone building standards anywhere inside the LiMWA line, standards that Davignon said would necessitate an open-concrete column foundation that would double the cost, the Marion ZBA, he said, is limited in its scope to enforce the currents zoning standard of an AE elevation of 16 feet (base flood elevation requirement).

            The utilities serving the existing cottage are also located below the 14.1-foot base flood elevation of the first floor. The garage is similarly out of compliance.

            The Parsons and architect Michael Silva had technical problems accessing the meeting and, upon joining over 40 minutes in, were encouraged to comment before the public hearing was closed.

            Silva said he thinks the proposal fits well with the surrounding architecture. In answer to Hoffer, Silva said conforming setbacks were not considered because an attached garage would have rendered the front yard a driveway.

            Parsons told the ZBA he is a sixth-generation resident of Marion and that his grandfather built one of the first cottages on Dexter Beach in 1948. He recently moved his family back from Texas with the desire to keep the home on nearly the same footprint.

            In addressing the concerns articulated by ZBA members Nilson and Baldwin, Chairperson Cynthia Callow affirmed both perspectives and asked the general question, “Where do we draw the line?”

            “I don’t think it’s our job to start proposing redesign of how a house’s structure is built,” said ZBA member Ed Hoffer.

            Citing a hypothetical extreme, ZBA member Will Tifft said the board should be able to declare the proposal of a 10-story structure “inappropriate,” but considers the Parsons’ proposal “fine.”

            “If someone wants to build a space needle, I think that would definitely exceed the height requirement,” said Hoffer. Shippey concurred.

            Citing general requirements listed in Section 232-7.2, Shippey instructed the ZBA after the closing of the public hearing to use the six criteria in 232-7.2 to base a decision on approval or disapproval of a special permit.

            The ZBA also voted unanimously to grant applicant Efstathios Papavassiliou a special permit under Section 230-6.1c to construct a garage addition to an existing non-conforming residence in a flood zone at 182 Front Street.

            Represented by Tristan DeBarros of Saltonstall Architects, Papavassiliou collaborated with abutters Ray Cullum and Tabor Academy Head of School Tony Jaccaci on coming up with an exact location that would suit everyone’s interests, including that of the applicant.

            With its entrance on the side rather than facing Front Street, the two-story garage is planned with upstairs space for an unfinished storage area but one that would have the potential for living space. Board members were pleased to see the side entrance.

            The tallest existing point of the existing house is 21 feet; the proposed garage is 2.5 feet lower at its highest point.

            Asked by Hoffer, Shippey said the nature of the use of any proposed living space on the second floor would determine whether the applicant has to come back before the ZBA. Office space could be constructed by right.

            The next meeting of the Marion ZBA is scheduled for Thursday, September 23, at 7:00 pm.

Marion Zoning Board of Appeals

By Mick Colageo

            In her September 21 report to the Marion Board of Health, Public Health Director/Nurse Lori Desmarais announced that Marion had 29 COVID-19 cases in August, and so far in September there have been 24.

            Of the 24 September cases, 12 cases were active as of Tuesday’s BOH meeting. Of those 24, six positive cases were with vaccinated people. Of those 24, three are with school-aged children, but no numbers were available on exposures via close contact in school. As far as Desmarais knows, all close contacts for those three positive tests have been outside of school.

            Board of Health Chair Dr. Ed Hoffer asked if all the positive cases are symptomatic. Desmarais answered in the affirmative but said they are not having a lot of symptoms. There are a few people who are displaying a lot of symptoms, but for the most part the symptoms are mild or moderate, according to Desmarais.

            Desmarais also reported that Tabor Academy will conduct surveillance testing for COVID-19 through September, and Desmarais will touch base with the prep school after the period ends.

            A flu shot clinic will be held on Thursday, September 30, from 12:30 pm – 3:30 pm at the Cushing Community Center in Marion. Enrollment is by appointment with Administrative Assistant Maureen Murphy, who will send applicants a link to register online. Desmarais told the board a press release was set to go out on September 21 and an email blast on September 22.

            The clinic will be conducted by appointment for staffing purposes, “But if someone comes (in without an appointment), we can probably do that also,” said Desmarais, who will go out to administer flu vaccine to homebound residents.

            The COVID-19 booster shot may be coming to Marion, Desmarais reported, noting a Pfizer-brand booster has been approved for ages 65 and over. Desmarais said she is waiting on word from the Food and Drug Administration regarding high-risk candidates over age 60. It is not known when the Pfizer booster shot will become available, but Desmarais said the town will be able to administer the vaccine in Marion.

            Hoffer said that the latest data shows the Moderna vaccine seems to be better than the Pfizer, and that the antibody levels are approximately double. “Hopefully, the community will last a little longer before we get approval for a booster,” he said.

            Board of Health member Dot Brown told the board she was asked for advice on a brand for a booster shot. “Nobody’s really tested the mixture,” she said.

            “It’s purely speculation; nobody’s tested it. The one that nobody’s approved is the Johnson & Johnson,” said Hoffer.

            The positive test for West Nile virus in a Marion mosquito was north of Route 195, and Plymouth County Mosquito Control sprayed the area on Monday. Desmarais advises residents to wear mosquito repellents and to avoid standing water, especially at dusk and dawn.

            Brown wants to make sure that, in farming out the management of its septic-upgrade residences to Barnstable County, that the Town of Marion has a backup database, something she hopes would not be difficult to establish since every bit of Marion information that Barnstable County uploads into its system is received from Marion.

            “That’s the information we provide, so we have that information,” said Brown. “I hope that … we will have a database of our own that we can connect. That’s why I wanted to make sure we have a procedure to have that exact same information.”

            Desmarais reported that Marion has received the ability to access the information in the Barnstable County database that will work at no cost to Marion in an effort to study the south-facing coastline where it concerns the installation of denitrification technology. Barnstable County will look over newly installed I/A systems to ensure they meet the state’s standards.

            Hoffer and fellow board member Dr. John Howard are confident in that scenario.

            Desmarais told the board she has received a complaint about parents smoking at bus stops in town. She said regulations only address public buildings.

            “I’m certainly sympathetic about second-hand smoke, [but] I’m not sure we have any regulatory power over outside smoking,” said Hoffer, who will collaborate with Desmarais on drafting a short announcement asking residents to “please respect others while waiting for the bus.”

            The next meeting of the Marion Board of Health is scheduled for Tuesday, October 5, at 4:00 pm.

Marion Board of Health

By Mick Colageo

            The proposed Randall Lane solar array had not one, not two, but three public hearing moving parts scheduled to begin at 7:30 pm. After handling several agenda items, others were moved up to fill in available time before the advertised public hearing began. The resultant delay in the public hearing was 30 minutes, and once it was reopened, the board and applicants found the remaining 1.5 hours insufficient for the number of questions raised.

            Part one of the public hearing of applicant Randall Lane, LLC’s plans was to determine if provisions of the Mattapoisett Zoning Bylaw Article 8, Regulation of Activity in a Flood Hazard Area, were being adhered to in the plan of record. Previously, the southwest corner of the acreage planned for solar development was within a FEMA designated floor plain, part of the Mattapoisett River Valley.

            Eric Las of Beals and Thomas, Inc., the applicant’s engineering partner, said that the solar field has been reduced from 7.5 megawatts to 7.4, leaving just a small, fenced area still within the FEMA floor plain. Planning Board member Karen Field voiced her concern regarding heavy storm events and potential flooding from the river. Las pointed out that between the 2012 FEMA maps and the 2020 updated maps, no noticeable changes in the flood plain had been found.

            Member Janice Robbins discussed the need for a checklist from the applicant, a permitting checklist to ensure that all regulations and associated permits were being addressed for work within a flood plain. She also asked for independent verification of all matters relating to the flood plain. After further discussion and no further questions being presented by the board, Chairman Tom Tucker closed discussion on the topic.

            Next up was a request for issuance of an ANR (approval not required); this topic would consume the balance of the evening’s meeting.

            The plan calls for the subdivision of the massive acreage into four lots with frontage on Randall Lane to meet zoning requirements for land development. But the road in question, Randall Lane, became a major sticking point in the discussions.

            Attorney Gregory Sampson, representing the applicant, said the roadway is an existing traveled way and, if deemed suitable for the proposed use and acceptable to the fire department, should be acceptable for the subdivision plan. He said that the subdivision permit language would include that the lots would solely be for solar development, not residential development, and that use of the road for said solar activity would be minimal after construction.

            Las stated that in most projects in which he has worked, a 16-foot roadway has been permitted. Field considered that width to be inadequate for emergency vehicles, but Tucker said in his conversation with Fire Chief Andrew Murray that the latter confirmed 16 feet width as acceptable.

            Robbins was uncomfortable with granting an ANR restricted to solar use during its 20-year lifespan, saying, “I’ve never seen this done before.” She said it wasn’t a normal subdivision and therefore town counsel should be involved. “Can we limit use to just solar? When the solar ends, can we enforce the restriction?”

            Robbins questioned what would prevent another type of use. “The applicant is asking us to permit a narrow gravel road. The issue is the quality of the road. Shouldn’t it be the same type of roadway we’d want in another subdivision? I’ve never seen that. How is it enforceable?” she asked.

            Sampson responded that in the ANR handbook such subdivisions are permissible. Las said that in the past his firm had been forced to make bigger roadways on projects, but the disruption to the landscape was great.

            Abutter Chris Brockwell asked how long the construction cycle would take; Las said approximately four months. Brockwell also voiced concerns over the roadway, saying of the project, “This isn’t a positive, it’s a negative.” He said that two-way traffic was impossible on the lane. Veronica Brockwell pleaded for someone to hear their concerns. “Please hear us, we live here. There are people making decisions, but they don’t live here,” she said.

            The Brockwells said there were concerns over traffic on the lane, especially given that they own a horseback riding stable and give lessons and need to use the lane for the transport of live animals.

            Las said that during construction, the largest construction-related vehicle would be 33 feet long and that the stone bridge, lauded for it historical significance since the beginning of the application, would not be used to transport materials to the construction site. Tucker said that one of the conditions that will be imposed on the project, if permitted, would be a traffic officer at the entrance of Randall Lane during construction hours.

            Bill Madden of G.A.F. Engineering, representing the Brockwells, asked the board to consider if “the road is suitable, width-grade construction.” The current condition of the lane needs to be documented, he stated.

            The ANR was continued until October 4 and extended until October 26. Considering the late hour, the third part of hearing, site plan review, was continued until October 4 and extended until October 26.

            Earlier in the evening, the board accepted a planting plan for property located along Old Crystal Springs Road for applicant Ryan Correia. The board also approved an ANR plan submitted by Ned’s Point Nest, LLC managed by Hilary Prouty.

            Snowfield Estates, represented by John Mathieu for a covenant release, was continued until October 4 pending verification by peer consultant SITEC that 16 outstanding items have been completed.

            Also, Scott Snow came before the board to discuss release of one or more lots in the Eldridge Estates subdivision off Prospect Street. He said the roadway has been completed and that the project was 95-percent complete. The board requested a written easement agreement with an abutting landowner for the placement of private utility poles and an updated site plan. The hearing was continued to October 4.

            The next meeting of the Mattapoisett Planning Board is scheduled for Monday, October 4, at 7:00 pm at a location to be announced.

Mattapoisett Planning Board

By Marilou Newell

            The Marion Select Board voted at its September 21 meeting to close the October 19 Special Town Meeting warrant that will put 13 articles before voters, including proposals to rezone property along Route 6 where Matt Zuker plans a multi-family residential development, a new agreement with the Old Rochester Regional School District, a stabilization fund for the ORR district, the disbanding of the Council on Aging’s administrative board, and changes to three bylaws.

            Select Board member Randy Parker will introduce Articles 1-4 of the warrant, while member John Waterman will introduce Articles 5-8 and Chair Norm Hills will introduce Articles 9-13.

            The Select Board voted to approve the contract with ORCTV. Last week, Mattapoisett’s Select Board approved it as presented, and Marion’s vote makes it three out of three Tri-Towns in agreement.

            In his Town Administrator’s Report, Jay McGrail told the board that the warrant for Town Meeting is off to the printer and will be posted at marionma.gov on Wednesday, September 22.

            Masks will be required of all attendees at the Tuesday, October 19, Special Town Meeting inside the Sippican Elementary School auditorium.

            McGrail told the board that the Capital Improvement Planning Committee process toward establishing a FY23 budget is underway. The submission deadline for capital articles is Friday, October 1, and capital hearings begin the following week. McGrail will work with department heads on requests and forward them to the CIPC.

            “Hard to believe we’re already there,” said McGrail, who said that, with the assistance of Administrative Assistant Donna Hemphill, he will be able to maintain a timeline leading to a Select Board agenda scheduling review of CIPC articles sometime in October.

            “It’s Groundhog Day,” countered Waterman, who told McGrail, “The last two years you’ve done a great job, so stick with the program.”

            In touching upon the starting points of discussion for next steps in spending, McGrail said that the exterior renovation and Main Street entrance has been essentially completed at the Town House.

            Bringing the first floor of the Town House into ADA compliance is a goal, including a sprinkler system inside the building, installation of a handicap lift, and the removal of paneling and wall boards covering asbestos on the first floor. A $100,000 architecture contract will go through the capital spending process in the spring.

            McGrail said the town is trying to fund the next steps for the Town House without taking on a large debt. The goal is to make the building weatherproof, install air conditioning, and make the basement waterproof. In the spring, the exterior Main Street construction will go before the CIPC.

            Noting a meeting with the Finance Committee later this week to discuss a sprinkler system for the Town House, McGrail said an ADA-related grant would be a tough fit for the building that needs more than the ADA-related improvements. In Year 1, McGrail instead said the town is looking at constructing an accessible pathway to the beach house and play area at Silvershell.

            McGrail told the selectmen that Shea Assad has been named chairman of the reorganized Finance Committee, while John Menzel has resigned. Bill Marvel will replace Menzel in his representative roles. McGrail publicly thanked Peter Winters for his four years as chairman.

            The Select Board approved the appointments of Brandon Beauregard, Derek Tiago, and Cameron Van der Veer to the Fireworks Committee for one-year appointments. All came with the recommendation of the committee’s Interim Chair David Brissette. That totals the membership at six. Administrative Assistant Donna Hemphill said the Fireworks Committee has up to seven members and typically four to five.

            The board also approved the appointments of Anita Allison to the Conservation Commission and the appointments of Nancy Grogan, Jay Pateakos, and Jennifer Peterson to the Marion Cultural Council.

            William Parziale, a veteran, went before the board to pitch a program that he said many towns have adopted that allows resident veterans to work off part of their property taxes.

            Citing the senior work-off program that is believed to operate on a similar model, the selectmen responded favorably, albeit in steps.

            McGrail told Parziale he will make the matter a future agenda item for the selectmen to discuss. Meanwhile, he will begin investigating how the town can fund the program as part of the FY23 budget. “Now’s the time to have that conversation,” said McGrail. “I think it’s a good program.”

            Open houses will soon be scheduled for the public to visit the current Department of Public Works facility and the site of the proposed Maritime Center. A public service video announcement will also be made.

            The Select Board approved a street closure request for the December 12 Christmas Stroll from 3:00 pm to 6:00 pm in Marion village.

            The board voted to approve water/sewer commitments of $1,599,707.60; $132,976.25; $10,331.21; and $3,140.70 (quarterly billing), $1,600 (new water service), and $245 (backflow tests).

            Resident Barry Gaffey asked the board why the Creek Road pumping station is being prioritized ahead of the sewer connection at Tabor Academy.

            Waterman reminded Gaffey that the Water/Sewer Commissioners meet as such on October 30, and McGrail explained that the main reason is that workers regularly go down into that pump station, “And it’s extremely unsafe.”

            Hills pointed out that the Tabor facility was renovated and water-proofed much more recently and is farther away from the water. Waterman noted OSHA problems with the Creek Road station and a grant-funded CDM Smith study that gave reasons why Creek Road was put ahead of the Tabor facility.

            Gaffey insists that Tabor is the single point of failure. “Don’t forget priorities. That single point of failure at Tabor is the most damaging thing that could affect this town. The force main is 51 years old,” he said.

            Marion Facilities Manager Shawn Cormier is working with Leslie Piper of the Sippican Historical Society on a commemorative bronze plaque for the Town House. A dedication is scheduled for Saturday, October 16, at 10:00 am.

            The October 18 Select Board meeting, the Monday immediately prior to the October 19 Special Town Meeting, will be held in person at the Music Hall to honor Debbie Paiva, who will retire on October 19. The only agenda item scheduled for October 18 is the board’s review of the new aquaculture regulations.

            The next meeting of the Marion Select Board is scheduled for Tuesday, October 5, at 6:00 pm.

Marion Select Board

By Mick Colageo

            The September 21 meeting of the Rochester Conservation Commission mainly dealt with an Enforcement Order filed in December 2020 against A.D. Makepeace. The property in question is known as Old Swamp Reservoir located on County Road. The Enforcement Order is for 1,458 linear feet of reservoir bank, 17,001 square feet of bordering vegetated wetlands, 200,376 square feet of land under a waterbody, 29,305 square feet of bordering land subject to flooding, and 2,727 square feet of riverfront area deemed in need of restoration.

            Representing the cranberry grower was Bill Madden of G.A.F. Engineering. Representing the Town of Rochester was peer-review consultant Mark Manganello of LEC Engineering.

            Manganello detailed on-site conditions as they exist today, asserting the most critical part of the restoration is, in his estimation, removal of spoils from agricultural activities – dredging. He said that tall sand and gravel piles now lining the banks of the reservoir are slowly eroding into the water. Pictorial evidence of the size and the scope of the dredged spoils were given as testimony to the gravity of the situation. This material was removed after water was pumped out, allowing a layer of organic muck and then the rock and sand layer to be removed, he said.

            Other areas impacted by the dredging, which took place in the summer of 2020, were bordering vegetated strips also along water bodies.

            In other matters pertaining to the Enforcement Order, Manganello noted that construction sequencing should include a description of the scope of restoration along irrigation ditches, including methods for removing spoils, description of water-level lowering process, and description of erosion controls. He also said that a manmade island in the reservoir should probably be left as is with some enhancement of the plantings for wildlife habitation of the green space rather than making attempts to remove it. “It’s a big, complicated project,” Manganello stated, one that would require thoughtful planning.

            Madden was in agreement with Manganello’s assessment of current conditions and other comments. He said he would discuss with his client what restoration activities could take place now and what needed to wait until after the growing season.

            Commission member Ben Bailey questioned Manganello’s assessment that the biggest problem needing immediate action is the removal of the sand and gravel mounds. “What’s the emergency, it’s just going back where it came from.” Manganello responded that the disturbed muck layer supported wildlife and the sand had a negative impact on that wildlife. Bailey said, “Today it’s a sandy bottom, it’s just going back where it came from.” Manganello said, “It’s pretty standard to stop erosion into a resource area; that should be resolved immediately.” “I’ll agree to disagree,” Bailey offered.

            Manganello stated that there was some “friction” between agricultural activities and protecting resource areas but that “something can be done to improve things in the short term.”

            The hearing was continued to October 5.

            Also continued was Bailey’s Notice of Intent filing for a 700-foot long roadway to access a single-family home. Commission member Dan Gagne questioned if there was a viable quorum, given when the notice was first submitted in April and since that time new members were added to the commission, and the number of hearings that were either never opened or continued. Bailey opted to have the hearing continued until October 5 to determine if new members can participate via the state-sponsored Mullin Rule that allows adjudicatory board members to miss one public hearing and still participate in the vote for a decision.

            The Notice of Intent filing by Renewable Energy Development Partners, LLC was also continued to October 5.

            The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, October 5, at 7:00 pm.

Rochester Conservation Commission

By Marilou Newell