A continued public hearing of the Marion Planning Board on June 21 provided abutters an opportunity to respond to My Generation Solar’s application for a special permit subject to minor site plan review for the construction of a ground-mounted solar system at 8 Quails Crossing.

            Representing applicant Jed Hoffer, Josh Buck summarized the proposal for 33 panels designed solely to provide energy to the residence. The array would measure 610 square feet and sit on the corner of the property, 10 square feet over the maximum allowed.

            The system would use a pressure-treated mounting system to fit into a residential setting. The capacity is 12.54 kW DC and 9.57 kW AC, just under the state’s size limit for a small-size residential solar. As a “behind the meter system,” the system is meant to lessen the amount of electricity that the resident uses from the grid.

            Planning Board members Norm Hills and Eileen Marum pointed out that a site plan review would be required even had the application been for a system of 600 square feet. Based on Hoffer’s 7.3-acre lot, a 610 square-foot system covers 1.9 percent of the lot, well above the maximum 1.5 percent allowed by the bylaw.

            In response to requests for comment, the Conservation Commission said the matter does not fall under its purview, while Fire Chief Brian Jackvony had no comment in time for the June 21 public hearing.

            Planning Board Chair Will Saltonstall said that, ahead of the June 21 public hearing, feedback had been received from several abutters including Wayne Mattson, 571 Front Street, and Eileen McCarthy, 570 Front Street. Those abutters and others gathered together to attend the Zoom meeting, but their comments were plagued by poor internet connection.

            Hills reviewed a letter submitted by McCarthy ahead of the hearing, addressing comments, dispelling notions he considered not to be applicable to the case, and, in general, responding that the Planning Board uses the public hearing process to examine applicable bylaws and regulations, which givess everyone concerned a platform to be heard and does not play favorites.

            After reviewing McCarthy’s letter, Hills pointed out that Marion has a bylaw on solar installations, including a section on ground-mounted systems specifying what the bylaw requires to go approval. “There’s a lot of misguided and misleading information in this document that we shouldn’t get all wound up on,” he said.

            Given her opportunity to speak, McCarthy called Hills’ review of her letter a characterization that favored the applicant. She insisted that her points of interest are applicable to the case. McCarthy also took issue with Marum’s classification of Marion as a rural community, a designation Marum based on the town’s population.

            McCarthy stated concerns about the energy field created by the proposed project, calling it “poor planning” lacking “any concern of the neighbors.”

            Abutter Bill Quinlan, 586 Front Street, objected to Marum’s comment approving the concept of solar energy and said it needs to be counterbalanced by the life of trees that are cut down to make room for solar installations. Saltonstall said that the applicant can by right cut trees on his property.

            Saltonstall encouraged all the stakeholders to read Bylaw Section 230-16.6, upon which he said the application is based. Hills and Town Planner Gil Hilario encouraged interested parties to read the entire Section 16.

            In an apparent effort to refocus the hearing on the applicant’s presentation, Saltonstall asked Buck how the system’s size is determined. “We’re trying to hit essentially a net-zero import of electricity from the grid,” said Buck, noting that Hoffer preferred a ground-mounted system to a roof-mounted system.

            The bylaw, noted Saltonstall, requires that the panels not exceed 6 feet in height. Buck said the panels will not exceed 5 feet in height. Asked about noise, Buck said the micro-inverter system makes no noise.

            Saltonstall said he believes the screening of the site is the issue at hand.

            Board member Joe Rocha said that when he lived in Middleborough he was an abutter to a ground-mounted array, and in this case suggested a vinyl or wood fence as opposed to the proposed fence that he said looks industrial.

            The board voted to continue the public hearing to Tuesday, July 6, at 7:15 pm.

            Given the contentious and chaotic nature of the proceedings, Collings was compelled during the open comment section to speak about the board’s dissemination of information when solar installations are proposed in residential areas.

            “We’re dealing with a very emotional issue,” said Collings. “Instead of these largesse situations that we’ve seen in the past … all of these large-scale things that have lots of social good and community connection, this is solar on someone’s property…. I think we need to bend over backwards here and make sure that the minimums of what we have as book rule and law – our bylaws – are understood by everyone.”

            Collings suggested establishing a punch list that he hopes can simplify the public’s ability to understand the process.

            “It would probably soften some of the anger that the neighborhood has, and a lot of that’s basically because they simply don’t understand…. Let’s make sure the people understand what’s already there,” he said.

            Hilario said the next meeting would be an appropriate platform to introduce a punch list because the June 21 meeting was centered around the applicant’s presentation.

            Admitting to his own frustration with the public response, Saltonstall said the public has the tools to access the relevant information. Marum said every resident should take as his own responsibility to educate himself on a case. Saltonstall reiterated the need to more focus of the board on the bylaw as it affects a case.

            A pre-submission conference was held with Papas Fuels Real Estate, LLC for propane storage tanks and five parking spaces at 9 Luce Road. The night after the Planning Board meeting, the Select Board voted in its own continued public hearing to approve a special permit for Papa’s Real Estate, LLC to operate a propane storage business in a water protection district at 0 Luce Avenue, pending Planning Board approval.

            Planning Board member Chris Collings summed up his support for the project, while member Norm Hills said he didn’t think an environmental assessment is necessary. Member Jonathan Henry echoed the sentiment and reminded the meeting that permits are renewable and not permanent.

            Member Alanna Nelson questioned the life of the tanks and the ramifications of material decay. Marum questioned the impact of the trucks on the roads that will be used to access the storage facility.

            In addition to unanimously voting to waive the environmental assessment as part of the application, the board requested $3,000 from the applicant for a minor site plan review.

            The case will be heard in a public hearing in July.

            A pre-submission conference was also conducted with Tabor Academy for temporary classrooms. Planning Board Chair Will Saltonstall recused himself due to involvement.

            Marum, the vice chair, presided over the pre-submission conference with Tabor. Marum told members that the two modular classrooms (trailers) would be used while the library is deconstructed, and the new Campus Center is constructed. The project, said Marum, meets all state code requirements for fire, sanitation, lighting, exits, air conditioning, and heating. The temporary building will be powered by the Stroud Academic Building and fire alarms tied into Stroud.

            After a briefing on the details of the trailers, Marum suggested the approval should fall exclusively under the purview of Building Commissioner Scott Shippey.

            Hills pointed out that a bylaw indicates that a special permit should be secured from the Board of Health since the trailers will be used consistently with the temporary use of trailers for office space. Hilario compared it to a mobile home, but Henry said the trailers will have no water.

            Time is a concern for Tabor, which has lost out on two sets of trailers to other schools. Tabor will begin emptying the library on July 19; students return to campus during the third week of August.

            “They should be allowed to go ahead; they don’t have any time to play with here,” said Henry, citing his comfort with “controlled construction,” a method that preapproves every aspect of construction, mitigating the need for building inspections.

            The board voted that Shippey issue a certificate of occupancy so Tabor can put the trailers on site. Hills was the only dissenting vote and the motion passed.

            In a new filing of a public hearing, Sherman Briggs and Hamblin Homes Inc. seek a special permit and are subject to major site plan review for the construction of 28 townhouse-style units on 3.55 acres at Spring and Mill Streets. Per the applicant’s request, the public hearing was only opened so the board could vote to continue it to Tuesday, July 6, at 7:25 pm.

            Hills said the board will have approximately $3,500 remaining in its budget at the end of FY21 and had discussions with town officials about hiring an engineer to review subdivision rules and regulations and identify necessary changes to bring Marion up to date with state rules and regulations. Hills has contacted an engineer and will soon present information to the board.

            “The more we can do to tighten up this board, the better,” said Saltonstall.

            The next meeting of the Marion Planning Board is scheduled for Tuesday, July 6, at 7:00 pm.

Marion Planning Board

By Mick Colageo

            Tabor Academy’s new Head of School, Anthony “Tony” Jaccaci, starts on Thursday, July 1, and one of the first pieces of community correspondence on his desk will be a letter from Marion Historical Commission Chair Meg Steinberg about the Percy Browne House.

            Weighing in on the decaying icon of shingle-style architecture that was targeted for demolition a few years back before nationally known architects persuaded the prep school to hold off will be a well prepared, careful exercise.

            What it means in the long term is anyone’s guess, as the building’s future has yet to be determined.

            The landmark was on the Historical Commission’s agenda when it met on June 24 via Zoom, a format its members hope to leave behind pending availability of the Music Hall later this summer. Before any next action is discussed, the commission will wait on Jaccaci.

            Meanwhile, further publicity will be sought through print media and other entities around the capital.

            In relation to long-term strategies regarding historic landmarks around Marion, the commission is exploring the development of a demolition bylaw for the town.

            The topic is in its early stages of fact finding, and Steinberg told the commission that Judy Rosbe sent her the Wareham Demolition Delay Ordinance that was approved by voters in 2009 and drafted after a state model. That ordinance necessitates a six-month waiting period if a town committee deems the property to be of historical significance.

            Steinberg also pointed out that the Town of Fairhaven has a demolition delay ordinance and suggested requesting Fairhaven Director of Planning & Economic Development Paul Foley appear before the commission to explain how it has been working in Fairhaven. “We’re not anywhere near ready to do that,” said Steinberg.

            Member Will Tifft agreed but said the local commission will have to come up with a proposal, an education program, and a place for people to express objections. “A real plan,” he said, will take time to establish, “But it’s not too early to [start].”

            The commission discussed updates on other historic landmarks being considered for renovation.

            The Pitcher house at 113 Front Street, also known as the Old Parsonage, that was built in 1813 by Captain John Pitcher, the brother of Elizabeth Pitcher Taber, is looking at a redesign.

            At 17 Hermitage Road off Route 6 and Oakdale Road sits a house described in the June 24 meeting as “beat up” but “with historic integrity.” Its owner would like a meeting to show the commission restoration plans.

            In her Grant Applications Update, Steinberg summarized the status of 2020 and 2021 MHC and Community Preservation Committee programs.

            Regarding MHC 2021, a contract between the state and the town is in the works, and a request for quotes is in the process for a late July distribution on the rest of the village area, along with Water Street, the Nye area, and Ladder Street. Steinberg anticipates awarding a contract by mid-September.

            The CPC 2021 grant for Old Landing and Burr Brothers, Depot Area, County Road, and Tremont Campground is on hold until the 2021 MHC grant is awarded.

            Under Current Grants status, the MHC’s 2020 program is awaiting reports and forms that were due in late May, including the Marion village survey. Steinberg said the MHC can get an extension from the state if needed.

            Funding allocations are as follows: The MHC 2021 grant receives $15,000 from the state and $15,000 in matching funds from the CPC 2020 award; the CPC 2021 grant is $30,000 from CPC 2020 award (not a matching grant); the MHC 2020 grant is $15,000 from the state and $15,000 in matching funds from the Sippican Historical Society; the CPC 2020 grant is $25,000, $10,000 of which was used for a consultant for the Upper Point Road study, and the other $15,000 in matching funds for the 2021 MHC grant.

            The CPC 2020 invoice, report, and forms were received on June 21 for review, including the study conducted of upper Point Road and Giffords Corner. The forms and historical report were forwarded to members.

            MHC member Bryan McSweeny said, “I think [the 32-page report] will be well received by the Portuguese community…. I learned a lot about this town reading this report. I was impressed with it.” McSweeny noted the new part of the report in which the Azores, Madeiras, and all the islands are detailed, including their proximities to Africa and Portugal. “It’s pretty well defined. It even has a map in there to show where everybody came from.”

            Tifft said he would like to see new Sippican Historical Society member Rick DaSilva, a senior history teacher at Tabor Academy and longtime Marion resident, get involved in programming. “We’re very excited to have Rick involved in the board as a liaison to the [Portuguese] community,” he said.

            In other business, Tifft noted that the First Congregational Church of Marion membership is “severely reduced these days,” and that there have been preliminary conversations about how the Sippican Historical Society, of which Tifft is a member, may be able to help. Tifft said that the chapel and the church itself face no sense of immediate concern but are potentially at risk.

            The next meeting of the Marion Historical Commission is scheduled for Thursday, July 22, at 4:30 pm. The MHC is hoping to hold the meeting at the Music Hall.

Marion Historical Commission

By Mick Colageo

            Marion’s dubious distinction as the only area town lacking a conservation agent is scheduled for demolition after Conservation Commission Chair Shaun Walsh told the June 23 meeting of the commission that the town is looking to hire an agent to work 19 hours per week.

            The news was met with approval by the commission, which heretofore has been hiring consultants when cases require levels of expertise beyond what can reasonably be brought to a case by ConCom’s members.

            In the meeting’s only new public hearing, Fred Trezise and Joan Gerster filed a Request for Determination of Applicability for the removal of 10 shallow root, tall white pine trees endangering their house and limb removal of a few limbs overhanging the roof area, along with associated species at 22 River View Lane. After a site visit, Walsh said he had no concerns with the proposal and praised the well-organized application. Walsh and ConCom member Cynthia Callow said the trees were well marked on the property.

            After closing the public hearing, the commission voted to issue a Negative 2 and 3 Determination of Applicability. Commission member Jeff Doubrava added special conditions limiting tree removal to those marked and sought. Doubrava pointed out the difference between the application and another case also heard on June 23 filed by John and Cynthia Paliotta for land management at 119 Converse Road. Doubrava’s point was that, should the trees at at 22 River View Lane fall, they would fall right through the applicants’ roof.

            After a continued public hearing was closed, the commission voted to award Blankenship Trust LLC filed an Order of Conditions for its proposed beach nourishment at 468 Point Road.

            Walsh reported correspondence on June 17 from Natural Heritage, stating that in the state agency’s opinion the project would not adversely affect the resource area habitat of state-listed, wild, rare species and would not result in a prohibitive case under the Massachusetts Endangered Species Act.

            The Paliottas’ Notice of Intent filing for a Land Management Plan involving the eradication of invasive plants and other activities at 119 Converse Road was continued from ConCom’s last meeting, and on June 23 the commission voted to continue the hearing to Wednesday, July 14, at 7:00 pm.

            ConCom members Cynthia Callow, Doubrava and Walsh visited the site. “There was good conversation between (Marion consultant) Bob Gray and the Paliotta’s consultants,” noted Walsh, who reported that revisions will be made to the site plan that was submitted and points will be surveyed.

            The commission voted to approve two three-year extensions on the order of conditions for the Dexter Beach Improvement Association.

            The association had filed two requests for extension, one at 962 Beach Road in its proposal to manage phragmites and another for its proposal of a beach nourishment project. Walsh said the site has improved, but a stand of phragmites continues to stand at an adjacent private property and will eventually encroach on the applicant’s property. The second extension will allow up to 100 cubic yards of sand added on an as-needed basis.

            Island Associates of Marion requested a Certificate of Compliance for its work to mitigate flooding at Planting Island Causeway with an infiltration basin that traps sediment. An Order of Conditions was awarded last October.

            Walsh noted that representative Dave Davignon of Schneider, Davignon & Leone Inc., stated in his request that the project is in compliance with all requests of the commission. Doubrava recused himself from the case, but the rest of the commission in attendance all voted to approve the Certificate of Compliance.

            Diana Worsley’s request for extension permit at 329 Front Street was met with a three-year extension on an order of conditions originally issued in 2002 for phragmites management.

            In response to the Planning Board’s request for comment from ConCom on its case at 428 Wareham Street, Walsh said the site does not fall into ConCom’s jurisdiction.

            A request from the Zoning Board of Appeals for comment from ConCom to address an application filed by Alan Menard and Nan Johnson, 123 Allens Point Road, to construct a garage that would not comply with setback requirements required a deeper dive. But the same conclusion was reached, as the matter was considered outside the commission’s jurisdiction.

            The Sippican Lands Trust’s RDA for rerouting of the Osprey Marsh trail has requested a continuance to Wednesday, July 28, at 7:00 pm.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, July 14, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo