Marion Zoning Board of Appeals Chair Cynthia Callow told the membership during its June 10 Zoom meeting that the town’s Planning Board requested comments from the ZBA regarding the residential townhouse development that Sherman Briggs and Hamblin Homes are proposing for Spring Street at Mill Street. The case will come before the Planning Board at its Monday, June 21 meeting.

            Briggs recently withdrew his preexisting application without prejudice for the express purpose of allowing the Planning Board’s changing membership the full opportunity to participate in what had been a long vetting process. Now, the board’s full representation can start from square one.

            As for Planning’s request for comment, ZBA member Ed Hoffer said he would avoid areas outside his expertise, but he took the opportunity to reassert his belief about the timing of the project.

            “Based on the survey we did a year and a half or so ago, this is a real need for the Town of Marion,” said Hoffer, who also serves on the Board of Health. “We have an enormous vacuum when it comes to smaller housing suitable for older couples, widows, widowers, who have houses that are too big, don’t want to leave town, and have no good alternatives. So, I think in principle, having a development like this is a wonderful idea and I hope the details can be worked out and I would strongly support it.”

            ZBA member Dana Nilson sought clarification on the 24-hour window between receiving the Planning Board’s request and the ZBA’s June 10 meeting. Board Administrator Anne Marie Tobia explained that such requests are added to the next meeting agenda when they are received, but she also anticipates that the ZBA would know about projects with substantial concerns ahead of such a request.

            ZBA member Margie Baldwin and alternate member Danielle Engwert doubled down on Hoffer’s comments.

            The ZBA opened a continued public hearing only to continue the Heron Cove Estates c/o Steen Realty & Development Corporation development per the applicant’s request. The 40B housing project planned for the south side of Wareham Street (Route 6) on a Local Initiative Program (LIP) application and endorsed by the Marion Select Board was continued by ZBA vote to the board’s August 12 meeting at 6:30 pm.

            Tobia clarified at the bequest of Baldwin that the continuances in the Heron Cove case do not pose complications for the rapidly changing ZBA membership. “It’s not an issue because what they’re doing is they’re putting a bookmark in,” said Tobia. “They want to save that space, but they know that it’s a new board but it’s also a new case because it involves two extra lots now.”

            New alternate member Tucker Burr was welcomed by the board, and Callow clarified that Nilson is a full board member.

            Callow pointed out two Open Meeting Law considerations to the membership, one involving replying all as opposed to replying to an email from Tobia, and in social gatherings when ZBA matters must be avoided when three or members are present.

            The Marion ZBA will next meet on Thursday, June 24, via Zoom (provided the state legislature signs the anticipated extension allowing remote-access public meetings to September 1) and will return to an in-person meeting format on Thursday, August 12, at the Town House.

Marion Zoning Board of Appeals

By Mick Colageo

            The Sippican Lands Trust was praised by Marion Conservation Commission Chair Shaun Walsh for its work, particularly its work at the Brainard Marsh Property off Delano Road, during the commission’s May 26 meeting. But the commission’s job is nonetheless ongoing after the SLT filed a Request for Determination of Applicability for proposed dredging of saltmarsh ditches for mosquito abatement and improvement of the saltmarsh habitat at the site.

            SLT Executive Director Jim Bride agreed with the assessment of the commission that a Notice of Intent is in order. The impact of the proposed work on the saltmarsh, coastal beach, and coastal bank was considered undeniable so, as favorable as the project is, detailed, vetted plans are appropriate according to ConCom.

            Bride told the commission that SLT’s intent was file the RDA for the phragmites removal and then follow up with measures to control mosquitoes and making viable the saltmarsh.

            “This is an important project,” he said.

            In supporting the positive determination, ConCom member Jeff Doubrava cited 2 feet of higher elevation not only deepening a channel but creating a channel that doesn’t exist today. “Not sure how I feel about that,” he said, asking for greater definition.

            ConCom member Emil Assad referenced personal experience as a resident. “To me it wasn’t a saltmarsh when I was growing up, more like a bordering vegetated wetland,” he said, asking if the stream that feeds the pond is freshwater or filled by the tides. Assad also articulated concern about wood frog breeding that is evident by egg masses in the area. “I would like to protect the mating frogs.”

            Acknowledging Assad’s information as valuable, Walsh suggested that SLT file a Notice of Intent that identifies species, wildlife habitat and how animals might be affected by the project. “It’s an absolutely spectacular property, but whatever we do out there we want to make sure we do it right and protect the resource areas,” said Walsh.

            A May 22 site visit revealed obvious progress with the effort to cut phragmites, the temporary eradication of the invasive plants dramatically improving the view, according to Walsh, who also noted the phragmites are coming back. Alan Harris of the SLT said that the only cutting occurred in 2020 with five people spending over 100 hours.

            ConCom considered both the area and the work to be jurisdictional and voted for Positive 1 and 3 Determinations that necessitate the filing of a Notice of Intent.

            The hearing was one of three involving the SLT, as Walsh announced Marion’s return to former policy allowing for decisions after an initial public hearing.

            SLT received Negative 2 Determination of Applicability for its RDA filing to replace deteriorated top boards on the walkway off of 392 Point Road out to Howland Marsh. The boardwalk is closed and in rough shape including rotted wood. The work will be confined to the top boards, as work on the support beams would potentially constitute impact to the resource areas.

            In a public hearing continued from May 12, SLT requested a continuance for surveying work in association with its RDA for rerouting of the Osprey Marsh boardwalk to avoid encroachment of private property at 354 Point Road. The case was continued to ConCom’s June 9 meeting.

            The Marion Department of Public Works was involved in two cases during the May 26 meeting.

            The DPW was issued Negative 3 Determination of Applicability for clearing and grading for construction of a 20 foot wide paved emergency drive from Mill Street to the rear parking lot of Sippican School, and in a public hearing continued from May 12, the DPW was voted Negative 2 and 3 Determinations of Applicability for road improvements at several locations in town.

            In the other continued public hearing (from May 12), the commission voted to open a 53G bank account for ConCom to retain a third-party consultant at the applicant’s expense to hire Bob Gray of Shea Environmental as a third-party consultant to evaluate the NOI filed by John and Cynthia Paliotta for eradication of invasive plants. The applicants were amenable to the choice.

            “It’s a complicated project with a lot of resource areas on the site,” said Walsh, who called a senior professional wetlands scientist who serves as co-chair of the Bourne Conservation Commission and is certified by the state Department of Environmental Protection as an evaluator for Title 5. The next step in the case was to be a site visit.

            The public hearing was continued to Wednesday, June 9.

            In a new public hearing, Matthew deGroot was issued Negative 2 and 3 determination of applicability in response to his RDA filling for connection of his house to a gas line at 14 Aucoot Avenue, installation of fencing and removal of two cedar trees encroaching on the foundation of his house.

            In a new public hearing, James Kiehl was voted a Negative 2 determination of applicability in response to his RDA filing for construction of an 864 square-foot standalone garage addition at 15 West Avenue.

            In a new public hearing, Joseph and Erin Kazen filed an abbreviated NOI for an above-ground circular swimming pool within 20 feet of vegetated wetlands at 38 Joanne Drive. ConCom voted to issue an Order of Conditions authored by Doubrava that includes the condition that discharge of pool water to jurisdictional areas is strictly prohibited.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, June 9, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

            Ben Bailey’s Longbow Lane project took a giant step forward during Tuesday night’s meeting of the Rochester Planning Board at Old Colony Regional Vocational Technical High School library. All but two waivers requested for his proposed private driveway/road at his Gerrish Road residence were approved before the public hearing was continued to June 22.

            His case continued from May 25, the Planning Board member once again recused himself for the Form C Definitive Subdivision Plan at 34 Gerrish Road. The 720-foot way designed by Wareham-based G.A.F. Engineering, Inc. has a hammerhead proposed at the end of the roadway for Fire Department access.

            Because it exceeds 500 feet, it is being classified as a one-lot residential subdivision, but it is not known if the lot there is buildable, nor does that matter fall into the purview of the Planning Board. The tone of the June 8 meeting was more civil than the May 25 meeting, as the discussion stayed on the subject at hand and the Planning Board’s latitude in the case.

            In fielding abutter Colman Lalli’s questions, Planning Board Chairman Arnie Johnson gave examples of driveways longer than that applied for by Ben Bailey, but Johnson’s main point in a patient explanation of how the Planning Board works focused on making abutters understand that the regulations are necessarily established to accommodate the largest projects because they cannot be altered to accommodate those projects.

            “Because we have to craft (regulations) for the big stuff, we have to have the ability to grant a waiver so that little guys can do stuff. Otherwise, you wouldn’t have (home businesses),” said Johnson, listing examples in Rochester. “In essence, when someone comes in and wants to do a backlot subdivision or a single-lot subdivision, they have to show they can build.

            “This is not a popularity contest. We have to issue guidance and decisions, approving or denying a project based on the zoning bylaws, the regulations, and Massachusetts General Law. If not, we have to get defended, and it costs money to get defended.”

            Similarly, Town Counsel Blair Bailey (no relation to Ben Bailey) explained that subdivision regulations are necessarily written for any subdivision including extensive subdivisions. “If I don’t tell anyone else in town, you can only have a 500-foot driveway, I can’t do it to any one (applicant).

            “We have to write these regulations assuming somebody’s coming in (and applying for) 50, 100 lots, (such as) Connet Woods…. In 20 years working with this town, I’ve never seen a subdivision (applicant) that didn’t ask for some waiver of our regulations.” Blair Bailey clarified that, prior to working for the Town of Rochester, he worked for a firm that represented the town.

            Lalli asked, “Is this to the benefit of the town?” Blair Bailey answered, “Yes, for the safety for the potential other houses that could be on that road…. In this instance, the reason for the restriction … the town has to have reasons for restriction, and we have to be consistent on how they are enforced.”

            Lalli asked if the town has ever granted an exemption for a dead-end road in Rochester longer than 500 feet. Blair Bailey said he doesn’t believe so, but asked Lalli what the difference is between a 700 foot driveway and a road. Johnson said the town will research the question and have an answer for Lalli at its next meeting.

            Other abutters articulated concerns about drainage, septic, and runoff, one suggesting the Planning Board hire an independent consultant as to how the wetlands will respond to the project. Citing G.A.F. Engineering’s long track record with the town, Johnson said, “I understand that (Bill Madden) represents (the applicant), but this board doesn’t feel that, for our purposes, that it requires peer review.”

            Madden, on hand to present an overview of the project on the applicant’s behalf, said he did not see the fallen trees and asserted that the runoff from the project would not affect the area described. Madden said that even in the event of a 100-year storm, the overflow from the hammerhead end to the roadway will drain into the lot and be retained by it. Madden said the roadway is variably lower than the abutting land, and the design will conform to the 3:1 slope requirement.

            Blair Bailey confirmed for another abutter that it is “highly unlikely that anything’s going to get built there if a house isn’t going to get built.”

            Waivers granted include a stormwater management report, traffic impact analysis, formation of a homeowners’ association, 500-foot limit in length (720 feet), the 18-foot wide road surface, construction regulations for the road itself and those related to associated landscaping, the stormwater management system, and storm drainage. There is one existing drainage basin and one proposed in the hammerhead.

            The Planning Board voted to wait on two waivers, including the surface requirement, and is waiting on answers from the town’s highway surveyor.

            In a public hearing continued from May 25, Cushman Road Solar, LLC filed a special permit application for a 3.9-megawatt (large-scale), ground-mounted solar array installation and a special permit application for groundwater protection within a Residential/Agricultural District at 0 Cushman Road.

            The Cushman Road property, which lies within the Mattapoisett River Valley Watershed and partially within the Groundwater Protection District and the Floodplain Overlay District, is owned by Lisa Holden, trustee, of Rochester.

            Representing the applicant, Eric Las of Beals & Thomas, Inc., discussed plan revisions and made four waiver requests relating to traffic data, emergency access, no traffic study, and landscaping. The waivers were granted by votes establishing bonds. Greg Sampson, attorney for the applicant, said he would be happy to work with Town Counsel Blair Bailey on the language in the written decision.

            The case was continued to July 13.

            In a similar case that was also continued from May 25, the board voted to approve several requested waivers to Snipatuit Road Solar, LLC in its special permit application for a 4.8-megawatt ground-mounted solar array installation and a special permit application for groundwater protection within a Residential/Agricultural District at 0 Snipatuit Road.

            The Snipatuit Road property, also within the Mattapoisett River Valley Watershed and partially within the Groundwater Protection District and the Floodplain Overlay District, is owned by Lisa Holden, trustee, of Rochester Realty Trust and Aquidneck Nominee Trust, ET AL, and Kevin and Cassandra Cassidy.

            Town Planner Steven Starrett asked for a timeframe from representative Eric Las, citing five projects originally brought before the board, then four, now three. Joe Harrison, also representing the applicant, told the board that the applicants were waiting on Eversource.

            The case was continued to June 22.

            In last month’s Town Election, Lee Carr retained his seat and Marc Rousseau Jr. won a vacant seat, but the latter’s career as a Merchant Marine is problematic to his appointment to the board.

            The next highest vote getter, Dennis McCarthy, is not next up, according to Blair Bailey, who told the board the vacant position must be filled by the Board of Selectmen until a special election is scheduled. The selectmen, he said, have the latitude to appoint to the position in concert with the Planning Board for the remainder of the vacated term.

            In other business, the board voted to approve Robert Long’s Approval Not Required (ANR) application to redefine property boundaries located at 0 Neck Road. The board also approved vouchers to pay Field Engineering $635 for work on the Village Farms project and $285.99 for its work on Plumb Corner.

            Starrett, soon to vacate his position, reported that with the Town Hall Annex open, the board has the option of returning to the Annex to hold its meetings, currently held at Old Colony. The next meeting of the Rochester Planning Board is scheduled for Tuesday, June 22, at 7:00 pm.

Rochester Planning Board

By Mick Colageo

            With a number of the energy conservation projects originally identified by Marion’s Energy Management Committee now completed, the members considered whether or not it was time to expand their role in the community and rebrand their committee. The idea of adding “climate” to the name of the committee inspired the discussion during the June 7 meeting.

            The committee weighed whether or not they should drop the word “management,” as member Dr. Jennifer Francis noted, “We don’t manage the town’s energy.” They wondered aloud if adding the word climate makes sense. EMC member Alanna Nelson said that part of their oversight should be educating the public on matters of climate change and resiliency: “We want to encourage people to go electric.”

            Francis said that as part of the Green Communities initiative adding climate-related matters to their focus is “a natural extension of what we already do.” EMC Chairperson Christian Ingerslev said a letter had been sent to the Select Board asking for guidance regarding the role of the committee, but no response had been received as of June 7.

            Projects related to energy efficiency have been the focus thus far for the EMC. Such projects as identifying outdated heating and cooling systems in municipal buildings, programs for obtaining electric vehicles for town departments, and an overall push towards reduction in emissions as mandated by the state Green Communities Division. Ingerslev said that the town has committed to a 50-percent reduction in emissions by 2030 from the 1990 baseline that was established.

            On the topics of municipal vehicles, Francis said those units slated for replacement should be identified so that an evaluation can be made to determine if energy-efficient alternatives are available.

            Matters related to energy efficiencies in town buildings seemed to be lagging, it was noted, with no clear solution for the town-owned Music Hall. Other structures needing more study are the Town House and a sanitation building.

            The concept of net-zero buildings that achieve an overall balance between emissions produced and emissions taken out of the atmosphere was discussed. EMC member Bill Saltonstall said he would like to see solar energy used on the proposed Marine Center as well as the Cushing Community Center, although he conceded that the COA facility roof is currently shaded by trees.

            Saltonstall also urged that an energy audit be performed on the town’s sewer plant. While heat pumps were considered by the group as efficient equipment, the feasibility of utilizing them in older buildings might become cost prohibitive due to the need to upgrade old wiring systems, it was noted. Town Planner Gil Hilario said he has been seeking grant opportunities to study net-zero opportunities for Marion facilities.

            The committee members also discussed the ramifications of the town adopting the state’s “Stretch Code,” an appendix to the state building code that is designed to result in cost savings and environmental benefits through improved building energy efficiencies.

            On a bright note, Saltonstall said that one of the projects spearheaded by the EMC is the town’s inclusion in a wind energy program. Francis said that Saltonstall has been a prime mover in negotiating the agreement that has been returning $400,000 annually back to the town in the four years since it was inked. Future Generation Wind, located on the boundary between Bourne and Plymouth, produces energy that is then distributed through conventional channels to partnering communities. Hilario said Marion is reimbursed 20 percent per month for electric energy consumption of its municipal buildings.

            The next meeting of the Marion Energy Management Committee is scheduled for July 26 at 5:00 pm.

Marion Energy Management Committee

By Marilou Newell