The Marion Conservation Commission consistently took the ‘better safe than sorry’ approach as it considered a variety of applications on July 14, preferring the proverbial ounce of prevention above allowing 2,500 gallons of neutralized chlorinated water to be discharged into the stream on Creek Road.

            During the discussion of the Marion Department of Public Works’ Request for Determination of Applicability to repair the Creek Road water main, Chair Shaun Walsh paused to ponder how discharging chlorinated water used to disinfect the water pipe and then chemically neutralized afterward could be allowed into the nearby stream.

            DPW Engineering Manager Meghan Davis had just explained how the water used to disinfect the pipe would be discharged into 55-gallon drums for chemical neutralizing when Walsh paused to familiarize himself with the chemicals involved and the potential effects of releasing the water into the stream.

            It’s a common practice, explained Davis, describing how the chlorine water is treated with a chemical neutralizing agent before it is discharged. But Walsh was curious how the involvement of chemicals such as sulfur, hydrochloric acid and sodium sulfate could be harmless to the Creek Road stream, which is already “the most sensitive body of water in Marion,” as ConCom member Jeff Doubrava put it. Walsh then suggested, rather than discharging it into the stream, why not route it to the wastewater treatment plant and release it from there?

            “I’m really concerned about discharging this into a very sensitive … area,” said Walsh. But this was the engineer’s proposal, Davis told him, and she has witnessed the process before in another area, she stated. Still, “Better safe than sorry,” said Walsh. Is there a better way to handle the situation, he wondered?

            Just then, Davis said she received a text from the Department of Environmental Protection director saying that the DEP would approve of the suggestion to discharge the neutralized chlorine water directly into the Creek Road pump station to direct it to the wastewater treatment plant.

            “Wow,” said Walsh. “Whoever said the wheels of government grind slowly? I mean, how quick is that?”

            The public hearing was continued until July 28 to allow for the changes to be applied to the plan.

            The commission also supported the DPW’s preemptive action proposed in a second NOI application to replace the Creek Road sewage pump station before the effects of climate change cause the low-lying sewer infrastructure to flood and potentially spill raw sewage into the nearby wetlands, specifically the salt marsh.

            Will Chandler from engineering firm Weston & Sampson said the pumping station is in a “very vulnerable location.” He continued, saying, “[It’s] as vulnerable as you can get … to storm surges and flooding.” The project will build up the site before replacing it with an appropriate pump station for the location. Walsh commented that, should the pump station ever be overcome by a flood, “We’d be in a world of hurt.”

            Chandler gave a general overview of the project, which is part of a long-term plan to rebuild the town’s infrastructure vulnerable to the imminent and foreseeable rising of the sea level. Walsh said the project was overdue and good for the town, noting how fortunate they are to have averted a disaster of this nature so far.

            Before approving the project and issuing an Order of Conditions, Walsh stated, “I think great care has been made to make sure that the building is sited in such a way that it is not going to [have] an adverse impact on the resource area. It’s, I think, a pretty thoughtful design.”

            The commission also approved and issued a Negative 2 determination of applicability (work will occur within the resource area but will not alter it) for the DPW’s application to repair the fire service gate valve box at 275 Front Street. Dangerous deterioration of the road has occurred where the valve is.

            In other matters, after hearing from engineer David Davignon, the commission continued the public hearing for an NOI filed by Nicholas and Rosemary Grey, 3 Shawondasse Road, proposing shoreline improvements to mitigate erosion on their private beach. According to Davignon, the Greys have steadily lost lawn area from erosion caused by winter storms over the past few years. The project proposes constructing an artificial dune – “soft” engineering, Davignon described it, as opposed to constructing a riprap structure. The project includes placing 8 inches of sand on top of the multi-layer “envelopes” of sand and jute netting and planting beach grass to help mitigate the effects of the eroding waves.

            Walsh insisted on some erosion control measures to be included in the plan to keep materials from washing into abutting properties during construction. The public hearing was continued until July 28.

            Also during the meeting, the commission continued the public hearing for an NOI filed by Nancy Lyle Howland and John Manning, 91 Water Street, to relocate the easterly-most floating pile to the northeastern corner of the float, install two additional anchor piles, and install three boat mooring piles.

            The ConCom issued a Certificate of Compliance for 68 West Avenue after a site visit allowed the commission to determine that no substantial deviations from the plan occurred during construction.

            The commission continued the public hearing for an NOI application filed by John and Cynthia Palliota, 119 Converse Road, until July 28 at the applicant’s request.

            The next meeting of the Marion Conservation Commission will be conducted remotely via Zoom on Wednesday, July 28, at 7:00 pm. After that, the commission will return to in-person meetings at the Town House for its August 11 meeting.

Marion Conservation Commission

By Jean Perry

            Long ago as the glaciers slid towards the sea, left behind were not only the glacial till that fill our yards and rocks later used by our forebears for stonewalls, but also massive rocks of every humongous size imaginable, rocks known as glacial erratic. Think Witch Rock on New Bedford Road in Rochester or that vast rock in the backyard of 57 Church Street, simply known as Great Rock.

            This natural feature was discussed when Tom Brownell, current owner of the Church Street property, brought his Special Permit to the Mattapoisett Zoning Board of Appeals on July 15. Represented by David Davignon of Schneider, Davignon, & Leone, Inc., the project includes the razing of an existing residence and the construction of a new single-family home.

            The vacant structure was built in 1925, Davignon stated. The new home is planned to have 28-percent lot coverage, but Davignon also noted that the rock restricts the size of the lot by some 49 square feet, necessitating the Special Permit and the location of the home on the site. He also said the project had been reviewed and approved by the Conservation Commission. Chair Sue Akin said she didn’t see any problem with the project as described, nor did members Colby Rottler, Tony Tranfaglia, or Ken Pacheco. It was unanimously approved.

            Also requesting a Special Permit were Wallace Duncan and Diana Vogelson for property located at 3 Pine Road. The Special Permit was needed for the construction of a second-floor addition over an existing porch and the construction of a detached garage. The property was part of a 1936 subdivision, explained Davignon, who also represented this applicant. Davignon also said the residence is serviced by public water and sewer and that it had been thoroughly vetted by the Conservation Commission. Rottler said the plan was in line with the characteristics of the neighborhood, and Tranfaglia noted there are not any views that would be blocked by the second story. The project as presented was unanimously approved.

            A Special Permit was also granted to Craig and Elaine Bovaird, 2 Oliver Street, for the reconstruction and expansion of existing deck spaces. It, too, received unanimous approval.

            The next meeting of the Mattapoisett Zoning Board of Appeals will be posted if hearings are scheduled.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

            Abutters were again heard from on Monday night at the Music Hall, where the Marion Select Board’s continued public hearing for the entertainment license sought by the Mary Celeste restaurant was reopened.

            This time, the hearing was closed, and the Select Board members voted to award the license to applicant Mike Achilles, who once again insisted that he wishes to work with all concerned neighbors and cause no problems.

            The approval comes with a 90-day review for renewal, at which point the Select Board will seek feedback and determine how to improve on a situation that all readily admitted cannot be truly judged without a tryout.

            “It’s hard to define limits, but once you approve it’s not irrevocable,” said Select Board member John Waterman. “We have recourse if it’s not working out the way (we hope).”

            Concerned about the decibel level of live music at the site, Ann Ziegler, 16 Cottage Street, asked Achilles, given the current success of the establishment, why it needs music that could drown out conversations.

            While insisting music is meant to provide a backdrop and not compete with conversation, Achilles summarized four dimensions to his request. In addition to background music and a weekly one or two-piece, live acoustic set, he would like to offer dinner and a movie on the restaurant’s outdoor patio. “Our goal is that no sound leaves that patio,” he said. “The last thing is we want to have authors in, which would require a microphone.”

            Ron Hegney, who also resides at 16 Cottage Street, asked if the license can be upgraded to something else including by a subsequent property owner. Select Board member Randy Parker said that the review period and any upgrade would require Select Board approval.

            Ziegler asked that any approval be limited so it doesn’t become a bigger issue and reiterated her stance as preferring not to have live music next door.

            Achilles explained that he has technology on site that that measures the duration and location of the sound and intends to use that equipment to ensure that no unwanted noise escapes the premises. “Part of this [is] you need to have faith,” said Achilles. “We have kept our word. Our business is in the community; the last thing we want is problems with our neighbors.”

            Nonetheless, Achilles sought and received a license not limiting his schedule. While he insists he does not plan to expand on the frequency with which he has live music, he asked that the license not to be limited to a hard schedule so that he can avoid being drowned out by louder venues such as the bandstand at Island Wharf.

            Citing the cost of live entertainment, Achilles said 9:00 pm is the latest the Mary Celeste will play music and not for more than two or three hours.

            Abutter Tinker Saltonstall offered Achilles her support. “I’ve been impressed with Mike. I think he means what he says,” she said.

            The Select Board intends to hold its 90-day review of the license at its meeting on Monday, October 18. Special Town Meeting is scheduled to be held on Tuesday, October 19.

            Energy Management Committee Chair Christian Ingerslev approached the Select Board about the EMC’s consideration to rename itself to include a reference to its work on climate change. Citing the membership of climate expert Jennifer Francis, Ingerslev said, “We feel that perhaps climate is not having the attention that it has to have here in Marion.”

            The Select Board will wait on the EMC’s meeting when it will discuss the response to its proposal from Select Board member Norm Hills. A September meeting to address the proposed change is anticipated.

            The Select Board voted to approve a one-day license to serve alcohol on town-owned property for the August 28 Town Party from 4:00 pm to 10:00 pm at Silvershell Beach. The rain date is August 29.

            The board voted to approve a one-day permit to serve alcohol on a beach along with a police detail to applicant Sharon Bartholemew, whose event will be held Sunday, August 1, from 1:00 pm to 3:00 pm on Sippican Beach.

            In his Town Administrator’s Report, Jay McGrail provided an update on his FY21 goals including four key components: infrastructure, financial, contracts, and initiatives. Last year the Select Board prioritized subgoals under each of those headings.

            McGrail said that, under infrastructure, the preliminary design for the water treatment plant at Creek Road has been completed. A Route 6 preliminary design anticipates an August 4 meeting, while the Town House and Annex restoration saw the front entrance opened on Tuesday. The air-conditioning and sprinkler projects are making progress, and the design of Marion’s new Department of Public Works building is 90-percent complete,

            In summarizing the financial component, McGrail told the Select Board, “From where we were sitting at this table a year ago to where we are today, we’ve made huge strides.”

            Initiatives include quarterly meetings of the Water and Sewer commissioners.

            “We’ve completed some of [the goals and] made progress on all of them,” McGrail stated.

            The next step, he said, is to talk through goals for FY22. Waterman said it is important to “keep a running list of all the long-term things that we don’t want to forget about.”

            McGrail told the Select Board that Marion’s Special Town Meeting now has six warrant items, four generated in regard to bylaws, including an aquifer-protection-district bylaw, an article proposing a three-year term instead of one for the town moderator, and an article addressing litter.

            The deadline to submit articles for the warrant is Tuesday, August 31. The Select Board will close the warrant on Tuesday, September 21, and McGrail is proposing Tuesday, October 19, for the Special Town Meeting.

            Lauren Boucher was appointed to the Music Hall Advisory Committee. The associate member position remains open.

            Michael and Judith Medeiros, 25 Quail’s Crossing Road, brought to the Select Board’s attention the unpleasant revelation of an overnight parking ban at Old Landing. Michael Medeiros said they have been residents for 45 years and boaters in Marion Harbor since 1998. He considered it an unfair burden to not be able to park for overnight for nighttime fishing expeditions.

            Select Board member Randy Parker explained the ban. “We had people sleeping down there, camping in their cars over there…. It was a mess.” Nonetheless, McGrail and Parker indicated to Medeiros that they would work toward a solution.

            The next meeting of the Marion Select Board is scheduled for Tuesday, August 3, at 6:00 pm.

Marion Select Board

By Mick Colageo

            During the July 20 meeting of the Mattapoisett Select Board, Chairman Jordan Collyer asked for the public’s understanding as the town works through the weekend arrest of Chief of Police Mary Lyons.

            Reading from prepared notes, Collyer called it “an unfortunate matter. [Chief Lyons] has been placed on administrative leave with pay effective [July 19],” he stated. “The town is taking this seriously and will be moving forward with our own investigation immediately. Once information can be obtained, we will take appropriate action on behalf of the town.”

            Collyer acknowledged that the public had questions, but noted the town was unable to comment any further at that time. Collyer asked for the public’s “support, patience, and understanding as we navigate this matter.” In the interim, Captain Jason King will handle the command position.

            “We have every bit of faith that the integrity of the town’s Police Department will be maintained, and they will continue to serve the public as they always have,” said Collyer. “We, as a board, stand behind the men and women of our police force as they continue to provide the needed services of their department to the citizens at large.”

            The next agenda item was the acceptance of the resignation of Shannon Finning from the Mattapoisett School Committee. Collyer then read in full Finning’s letter of resignation dated July 15. In the letter, Finning asserted that School Committee Chairman James Muse “has treated me, personally, with disrespect and, of more concern, has, in my opinion, demonstrated unwillingness to hear from all constituents and effectively engage and communicate with parents and families in particular.”

            Collyer publicly thanked Finning for her many contributions during her time as a Mattapoisett School Committee member.

            In an interview Monday night, Muse told The Wanderer that he has always respected Finning professionally and personally and wished her well in her future endeavors.

            The board also met with Marine Advisory Board Chair Carlos DeSousa, who discussed the need for a professionally written Waterfront Management Plan. He said grant monies were available up to $120,000 with the town needing to kick in another $30,000, but Collyer wanted to know what the deliverables would be. “What will we actually get?” he asked.

            DeSousa pointed to technical information that would be useful to boaters as well as others using the waterfront. He said that last time a management plan for the waterfront was drafted was in 2011, but it lacked much of what a plan for the current times should include. DeSousa said that doing the plan now is an important step towards having it incorporated in the town’s Master Plan currently under review. Collyer pressed further, asking, “What does this get us other than a stack of papers?”

            DeSousa pointed to aquaculture as a big reason to produce a management plan, given the town’s investment in revitalizing shellfish beds. Collyer told DeSousa that the proposal would have to go before the Capital Planning Committee and the Finance Committee, as both are involved in the allocation of taxpayer dollars. Collyer said he is on board but wants to ensure that the money invested in a waterfront management plan would be beneficial to the townspeople. Select Board member Jodi Bauer concurred, saying, “People will want to know, ‘How is this going to benefit me?’”

            Shifting gears to the needs of the wharves, Collyer asked the Marine Advisory Board to produce suggestions on best ways to roll out future construction and asked Town Administrator Mike Lorenco to draft an RFQ (request for quotes) by September 15.

            Also meeting with the board was architect Steve Kelleher regarding renovations and repairs to the Highway Department barn on Mendell Road. Cost estimates for Phase 1 came in far over expectations. “It’s $156,000 over budget,” Kelleher said.

            There ensued a discussion of best next steps, including a complete unpacking of the proposed three phases and parsing some work to in-house resources. Collyer said a meeting between FinCom, the Select Board, and the Highway Department should be set up to drill down through options and issues. He encouraged Kelleher to “estimate the whole thing [and] trend it out for 18 months … then set up a working meeting.”

            The board also discussed the conservation agent vacancy and how best to try and interest qualified people to come forward. The biggest problem identified was the part-time status of the position. Discussion of the need to review the agency’s fee structure was brought to the fore with Collyer asking David Lawrence of the Conservation Commission, present for the meeting, to ask the commissioners to review current fees. “This is a service; it’s a cost center for the town,” said Collyer, who also said that FinCom needs to be involved with any staffing decisions moving forward.

            Lorenco commented that the town is also searching for a new fulltime Board of Health agent.

            Meeting with the board was Mike Sudofsky, proprietor of the Walrus and the Captain restaurant. Sudofsky requested and received conditional approval for a bar cart to service the outdoor patio tables he’ll be allowed to use until April 1, 2022. The condition placed on the board’s approval is that the Building Department also approve the request to ensure it is in compliance with permitting.

            The board approved the annual Watershed Ride hosted by the Buzzards Bay Coalition on October 3 and the South Coast Bikeway Alliance’s Pedal for the Path bike ride planned for September 12. Also receiving approval was the Mattapoisett Road Race Committee’s request for its annual race. Normally held on July 4, the 2021 race was moved to August 21.

            The public was reminded of the July 27 special election to fill a seat on the Select Board. The vacancy was created with the untimely passing of John DeCosta Jr. Polls will be open from 8:00 am to 8:00 pm at Old Hammondtown School.

            Lastly, the public was told that a Free Vessel Safety Inspection and Safe Boating information will be available at the town wharves on Saturday, July 24, from 10:00 am to 2:00 pm, sponsored by the United States Coast Guard Auxiliary Flotilla.

            The next meeting of the Mattapoisett Select Board is scheduled for August 10 at 6:30 pm.

Mattapoisett Select Board

By Marilou Newell