Coming before the Rochester Conservation Commission on July 6 was Tess Paganelli of the Massachusetts Bay Transportation Authority with a Request for Determination of Applicability for the installation of two tracks with bumping posts located in the back of an existing building to the edge of a fenced area located at 45 Kings Highway.

            Paganelli said that an earlier plan vetted in July 2019 had allowed for the expansion of the tract in question, but that now the two tracks in the plan need additional lengths of appropriately 100 feet. She explained that there would not be any additional pavement and that 2019 wetlands flagging was sufficient for this filing.

            Commissioner Daniel Gagne took exception to the request, saying that the pitch of a graded area needs new stormwater calculations to ensure no increase in runoff to the wetlands or abutting properties.

            Paganelli seemed a bit surprised but said that she could, if necessary, produce such a report. But Gagne wasn’t done. He asked about the type of hydraulic fluids being used in the railroad cars. Paganelli responded that all oils, including those used in maintenance equipment, were vegetable-based oils. Gagne said, “I don’t trust the MBTA!” He said that in the past the agency had cleared vast areas beyond what had been permitted. He then questioned if the filing should be an RDA or a Notice of Intent.

            When the dust cleared, the commission gave a positive determination of applicability with the condition that an NOI be filed for the work requested.

            Later in the proceedings, another filing found an abutter questioning the accuracy of deeds associated with 22 High Street. Represented by Bob Forbes of Zenith Consulting Engineers, the filing sought an order of conditions for an NOI. After making his presentation that detailed wetland boundaries, lot lines, and other significant data, the public was invited to ask questions.

            Coming forward was abutter Kimberly Ashley, owner of Old Tuck Cranberry Corporation. Ashley questioned the accuracy of the deeds being used by DBT Investments, LLC, saying that the page and book numbers being referenced from the Registry of Deeds did not exist. “My deeds go back to 1884 and 1902,” Ashley asserted. She said she knows a great deal about land court because of a 17-year case she had been involved in. Of the new dwelling being proposed, she said she has concerns over a construction-related dewatering basin and the location of the septic system. She also questioned wetland boundaries.

            Land surveyor David Maddigan countered Ashley’s claim that the page and book numbers are wrong, saying that more recent deeds are normally used and that their research had gone as far back as the 1960. Ashley said, “I know how to research a deed.”

            The commission believed that the applicant had provided all the documents and details necessary for their decision making and that deed matters are beyond its scope. The filing received an order of conditions.

            Long Built Homes and Evan Watson of W Engineering presented two applications on this night, an RDA for property located at 0 Walnut Plain Road, and an NOI for 223 Burgess Avenue. After presentations of both, the commission was satisfied that all wetland-related issues had been thoroughly addressed. A negative determination of applicability was rendered for 0 Walnut Plain Road, and an order of conditions issued for 223 Burgess Avenue.

            Continued until July 20 was an NOI filed by Bendrix Bailey for property located at 0 Gerrish Road, as well as an NOI filed by Snipatuit Road Solar, LLC.

            Sent back to the drawing board for more details was Spencer Lynd of Prime Engineering for a ground-mounted solar array planned for 268 Mattapoisett Road. The commission was not satisfied with the lack of wetland boundary details, lack of panel locations, especially footings, or the absence of tree clearing notations for the Certificate of Compliance being requested. The public hearing was continued until July 20.

            The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, July 20, at 7:00 pm.

Rochester Conservation Commission

By Marilou Newell

            The Marion Planning Board is unanimous in two beliefs – one belief that the board says does matter, and one that its members admit does not.

            The belief that mattered in a July 6 decision to grant applicant Shawn Lynch, 428 Wareham Road, a special permit to operate a food truck in a general business zone was that any interest in regulating competition falls outside the parameters of the Planning Board.

            That noted, the Planning Board also made it clear in discussing Lynch’s application that the members do not consider his food truck competition to the pizza establishment next door.

            Santoro’s Pizza & More owner Menelaos Sivvianakis had hoped the board would see it differently as he discussed what he believes are escalating challenges for his business.

            “I don’t like the idea [of Lynch serving] lunch exactly when I have my rush,” said Sivvianakis, noting that he has a mortgage on his building and has children in college. “I believe this is going to hurt me; I believe this is going to be the end of it.”

            While board members disagreed with Sivvianakis’ pessimistic outlook, they also made it clear that governing competition is not in the Planning Board’s purview.

            During the continued public hearing held on Tuesday night, Planning Board Chair Will Saltonstall summarized the board’s task in evaluating the project based on six criteria: needs, traffic flow/safety, utilities, neighborhood, impact on the environment, and impact on town services.

            Board member Eileen Marum asked about the Board of Health’s stance, to which Lynch reported the board’s approval. Marum also asked about the oven on the truck and suggested Fire Chief Brian Jackvony participate in the vetting process. While Lynch said, “Brian can check it out. I really think it falls under the Board of Health,” Saltonstall noted that Jackvony was copied on the case’s correspondence.

            Board member Jonathan Henry pointed out that fire extinguishing will fall under the fire chief’s jurisdiction. Member Chris Collings asked about electrical service, which exists at the parking lot, according to Lynch. Member Alanna Nelson called the project “great” and encouraged Lynch to avoid the use of straws and plastic bags so the business “will have less impact on our natural environment.”

            Describing the new business as a part-time small food truck, Lynch said he is merely trying to make use of the space outside the barber shop and that the food truck will operate on a first-come, first-served basis. “Once it’s empty, the truck’s gone. I’m definitely not here to step on anyone’s toes,” he said, describing himself as a Santoro’s regular. “I go there for lunch all the time, too.”

            The competition subject continued to find its way into the conversation, but Henry stated that Lynch’s limited business hours should turn out to be self-regulating. He also noted occurrences where competing coffee shops occupy adjacent lots. Planning Board member Norm Hills pointed to the difference in volume, and Collings said they serve two different products.

            “I would like to see a more diverse menu … but I don’t think we’re here to control that,” said board member Joe Rocha.

            “I would encourage (Lynch) not to compete with Santoro’s…. I just want both businesses to do well,” said Marum. “I’m certainly pleased that the business will be small and local.”

            Asked for its input to the case, Saltonstall informed the board that Marion’s Conservation Commission determined that the case is not within its jurisdiction.

            The Planning Board unanimously voted to approve.

            In a continued public hearing, the Planning Board voted to accept My Generation Solar’s withdrawal of its application for a special permit subject to minor site plan review for construction of a ground-mounted solar array system in a residential district at 8 Quails Crossing.

            The case had been vehemently opposed by neighboring residents who attended the last two Planning Board meetings when the case was heard.

            In another continued public hearing, Sherman Briggs and Hamblin Homes, Inc. requested another continuance that was granted by the board’s vote. The case will be heard on Monday, July 19, at 7:15 pm. Briggs and Hamblin Homes 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.

            The board’s effort to renew its list of peer-review engineers was met with three responses that will be reviewed by members and discussed when the board meets on July 19. The board voted to pay G.A.F. Engineering $3,200 for its evaluation of the Planning Board’s rules and regulations that Hills said are significantly outdated.

            Marion’s Zoning Board of Appeals had requested comment on the application filed by Alan Minard and Nan Johnson, 123 Allens Point Road, for a variance to allow the addition of a two-car garage that would not comply with setbacks, but the board determined that the matter falls strictly to ZBA discretion. Saltonstall recused himself from the discussion and Marum, the vice chair, presided.

            The Planning Board will next meet via Zoom on Monday, July 19, at 7:00 pm, but is hoping to secure arrangements for a return to in-person meetings beginning on August 2.

Marion Planning Board

By Mick Colageo

In response to the Marion Planning Board’s request for comment on the case of Steve Lynch, 428 Wareham Street, who seeks a special permit to place a food truck on the location where a barber shop sits at the intersection of Spring Street and Route 6, the Zoning Board of Appeals gave a thumbs up during its June 24 Zoom meeting.

            ZBA member Ed Hoffer, who chairs the town’s Board of Health, said he is in favor and considers the truck a nice presence for the community during the summer. He also said he hopes the request will be sent to the BOH. “That would be more my concern [that] somebody would inspect for cleanliness,” said Hoffer.

            Board Administrator Anne Marie Tobia said that with food involved, the case will fall into BOH purview. Other matters such as electrical power would fall under Building Commissioner Scott Shippey. The Planning Board will hear the case on July 6.

            The ZBA had to reopen a public hearing on the Tabor Academy Athletics Field in order to approve the revision of an application to correct a clerical error in the decision. The decision was revised to accurately reflect the ZBA’s actual vote on the matter, approving the usage of field lights from January to May rather than August through December for the property on Front Street.

            ZBA Chair Cynthia Callow said the board would like to meet in person beginning with its August 12 meeting. Tifft said he would be away then to officiate his nephew’s wedding but can attend a hybrid meeting. Callow said that Tifft can call in by phone. The main room of the Music Hall is not air-conditioned.

            The next meeting of the Marion Zoning Board of Appeals is scheduled for Thursday, July 22, at 6:30 pm via Zoom.

Marion Zoning Board of Appeals

By Mick Colageo