In a public hearing on June 24, Jorge Rodriguez came before the Rochester Zoning Board of Appeals seeking a special permit for an addition for a conversion to a multi-family house at 12 Mayflower Lane.

            Rodriguez also sought two variances; the first for relief from the town’s requirement for the size of the lot, and the second to allow more than a 30-percent increase in the structure floor area under Chapter 20.40, Section F.9.a of the Rochester Zoning Bylaws.

            What Rodriquez did not seek in Case No. 1165 was a variance for relief from Rochester’s 300-foot frontage requirement for multi-family dwellings. The 65,531 square-foot property, zoned as Agricultural/Residential, has 273 feet of frontage.

            This problem came to light while the ZBA fielded public comment from abutters and other interested parties.

            Questioned by an abutter as to the setback requirements for multi-family versus single-family dwellings, ZBA Chairman David Arancio read the bylaw aloud and said that Rodriguez meets the setback requirements, but he also noted in response to a question that the required frontage for a multi-family dwelling is 300 feet.

            Asked about the relevance of the frontage requirement to the case, Arancio said he would have to defer to Town Counsel for interpretation of the bylaw. Upon returning from a private call with Town Counsel, Arancio told the applicant that the 300-foot frontage bylaw for a multi-family dwelling would require another variance not contained in the present application.

            Faced with a choice between a continuance of the public hearing or withdrawing his application without prejudice in order to reorganize for a new application, Rodriguez chose to withdraw his application. He indicated intention to consult with his architect and resubmit an application that he hopes will not need to seek relief from any zoning bylaws.

            Rodriguez was already facing a challenging situation in the hearing, as ZBA attendance was limited on June 24 to four members. In introducing the public hearing, Arancio instructed Rodriguez that, with only four ZBA members present, all four needed to vote in the affirmative in order to grant the special permit and the variances. Rodriguez consented and proceeded under those conditions.

            Rodriguez, who has owned the property for over three years, conceded that he can amend his addition to conform with the 30-percent maximum allowed.

            Asked by an abutter about the expansion of the septic system encroaching the 100-foot buffer to a neighboring well, Rodriguez described his 1,500-gallon septic system and said he can redesign its associated leaching field to run parallel rather than toward the buffer zone.

            Arancio reminded the attendees that the Conservation Commission and the Board of Health would need to vet the septic system.

            Due to the absence of some members, the board agreed to postpone a scheduled vote to reorganize until the next meeting.

            The next meeting of the Rochester Zoning Board of Appeals is scheduled for Thursday, July 8, at 7:00 pm.

Rochester Zoning Board of Appeals

By Mick Colageo

            The Marion Marine Resources Commission spent over two hours on Monday night at the Marion Police Station pouring through final revisions of aquaculture regulations that have not been changed in a quarter century.

            The goal was to put a wrap on the process and vote to approve for recommendation to the Select Board, but the June 21 meeting led to further discussion and tweaks.

            One major change that came out of the discussion is the opportunity that aquaculture license holders will have to acquire more than the half-acre plots presently allotted.

            Regulation No. 6, heretofore limiting license holders to half-acre sites, proposes a 3-acre limit. If approved, over the first year the town will authorize usage of only a half an acre of the site. A license holder approved for a larger site such as 3 acres would still be responsible during that initial year of non-usage beyond a half an acre to pay $75 based on the town’s $25 per acrefee. Harbormaster Isaac Perry pointed out that they need to pay $400 on top of that for the mooring permit.

            “If they choose to have an operation, it would behoove the town to have them look for a 3 acre site and have it surveyed,” said Deputy Harbormaster and Shellfish Officer Adam Murphy, who summarized the responsibility of a new applicant to plot out the area, conduct an eelgrass check, and their ability to avoid repeated applications for expansion.

            MRC member Scott Cowell, also a shellfish farmer, objected to a 3-acre maximum. “The average kelp farm is 25 acres…. You’re restricting and restricting and restricting and I don’t go along with that,” he said.

            Perry said there has got to be a limit for Marion, and MRC Chair Vin Malkoski agreed. “There’s only so much pie out there,” said Malkoski. “If everybody’s just a little bit unhappy, we’re just about there.”

            Regulation No. 1 was loosened from a license holder’s requirement of three years’ experience to three years’ experience or education, a prerequisite for consideration in Regulation No. 2. But business owner Chris Bryant of Bryant Brothers Shellfish Company said he cannot afford to hire somebody for three years, so they get experience and then get the license. “If I’m sitting on a half an acre, who from Marion (or Rochester) is going to be able to buy my unit?”

            Malkoski said he would have some concern about “somebody who’s only got education and has never operated a grant.”

            Perry said the state’s Division of Marine Fisheries considers Marion’s half-acre sites to be “hobbyist” as opposed to full-blown business operations.

            Upon research of other towns’ practices, Murphy proposed a revision for Regulation 3 requiring farmers to get three quotes to clean up a site because not one size fits all, and instead structure “a minimum value of $200 for an annual bond” based on the price of an insurance policy against a worst-case scenario. If a fisherman has no or poor credit, it will cost more to clean up. Cowell suggested replacing the amount with a number as “determined by the Board of Selectmen.”

            In answer to Cowell, Perry told the MRC that his and Murphy’s contracts expire in two weeks and that the Harbormaster will fall under the town’s employee policy effective July 1 (FY22).

            “Being an employee at-will is problematic,” said Perry. “As an employee at-will, we will not be using our discretion as freely as we have.”

            Cowell and other MRC members recommended forming a statement to town administration objecting to the change.

            The MRC’s next scheduled meeting is July 19, but a special Zoom meeting is anticipated before then to finalize aquaculture regulations.

Marion Marine Resources Commission

By Mick Colageo

            As the Mattapoisett Finance Committee met to approve end-of-year reserve fund transfers, capping off a year that found this town and the entire global community struggling to pay for and plan for pandemic-related expenses, the news was not all bad. Reserve fund monies can be counted on to cover these unbudgeted and or unanticipated expenses.

            Better yet, Town Administrator Mike Lorenco said that a federal stimulus package would find Mattapoisett $600,000 on the positive cash flow side of the balance sheet by the end of July. He said the American Rescue Plan will bring in just over $500,000 in new funding that the federal government said must last through 2024.

            Lorenco explained that the program is awarding stimulus monies based on the population of cities and towns, that the funds must be requested by municipalities, and that the Select Board and he do not plan to use the funds until a full understanding of the guidelines on spending the money is understood. “There is a 158-page document explaining how the funds may be used.… Federal guidelines are strict, and even a mistake amounting to pennies can disqualify us from future funding,” he said.

            For now, as funding is received it will be set aside pending future decisions.

            Also held back was $145,000 from FY21 in unallocated funds, FinCom Chair Pat Donoghue explained. She confirmed that those monies are allowed to be held back until a fall Town Meeting can be held by October, giving the town time to study end-of-the year spending against receipts.

            The main topic of the June 16 meeting was reserve fund transfers requested by Town Administrator Mike Lorenco. These requests were fairly modest, given that on some balance sheets expenses could not be fully anticipated. Lorenco asked for a total of $130,000 to cover such expenses as the state mandated accrual study, $8,000 of which had not been budgeted, he said.

            Legal fees, Lorenco said, came in high and therefore needed an additional estimated sum of $30,000 to cover fees until the end of FY21. Another transfer coming from reserve cash will be to cover overtime hours for the conservation agent in the amount of $20,000.

            Coming before FinCom members to explain a $35,000 expense in on-call fire personnel was Fire Chief Andrew Murray, who explained that with so many people staying home during the pandemic lockdown period, many on-call firefighters responded to incidents. He wrote in a narrative presented to the committee, “The pandemic has created a unique dynamic for on-call fire departments across the country. On a normal year, the majority of on-call staff leave town during the day for their full-time jobs, they have parties, functions, activities.… The past year has been completely different.” He continued on saying that with so many on-call firefighters available to answer the call, the “three-hour call back minimum multiplied and compounded this issue.… Monthly payouts were much greater than historical records show.”

            Another transfer requested was $18,000 for the paving of Reservation Road, part of the bike path agreement previously executed with the private golf club. And in the unanticipated category was the need for $7,500 for plastic shield installations in municipal buildings. While the town did receive federal CARES Act reimbursement funding, Lorenco stated, “Those funds were used up by December.”

            All requested transfer sums were unanimously approved by the committee.

            No future meetings were scheduled at adjournment.

Mattapoisett Finance Committee

By Marilou Newell