John and Cynthia Paliotta filed a Notice of Intent with the Marion Conservation Commission for a land management plan at 119 Converse Road.

            While the Paliottas propose eradication of invasive plants and restoration and enhancement of existing native plant communities, a welcome kind of project in almost any context, this case become complicated after the applicants filed their petition as an Ecological Restoration Project.

            The project also seeks to create a sustainable, long-term vista corridor to Sippican Harbor from the existing residence and to create a vertically diverse native woodland plant community.

            Conservation Commission Chair Shaun Walsh told the representatives that an ERP gets an order of conditions (general permit), but this NOI does not fall into that categorization.

            “In order to be a limited project, you have to be an ERP,” said Walsh, giving examples such as taking down a dam, daylighting a stream, reversing things that civilization has done that altered a previously natural landscape. “I don’t see that here. This is a site that absolutely has some non-native species than I think can and should be eradicated and managed…. Even though, in my opinion, this does not meet the criteria for an ERP limited project, it does not mean that some of this work may not be permittable.”

            Walsh said residents with phragmites are encouraged to file with the commission for an eradication program.

            Mark Manganello, assistant director of Ecological Services at LEC Environmental, told ConCom that the ERP criteria consists of a very long checklist, some of which he believes qualify as key items in the project. He also asserted that the area exceeds a threshold that requires the activity to be pursued as an ERP.

            Walsh suggests reducing the scope of the project and filing it as a regular project.

            “We see some benefits to this plan,” said Walsh, who was supported by multiple members of the commission who reviewed the case themselves before coming to the meeting.

            Noting that Marion stands along in the region as the only town lacking a conservation agent, Walsh said Chapter 4 Section 53G allows the Conservation Commission to hire an environmental consultant to assist in its review of complicated projects, the cost to be funded by the applicant.

            After substantial discussion pertaining to the applicants’ rights including coming back with a strengthened argument for the NOI as submitted, Walsh and the board discussed options. He said the NOI could be amended to a Form 3 NOI rather than refiled altogether and not necessarily lose a step. Nor does it need to be filed as multiple NOIs.

            In keeping with Marion’s rules on remote access public hearings, the case was continued to Wednesday, May 26, at 7:00 pm.

            ConCom issued an Order of Conditions to applicants William and Elizabeth Weber for the float improvement plans at 21 East Avenue. The commission approved representative Dave Davignon’s May 5 revision and conditioned the project, including alteration of six piles under the ocean with the stipulation that the float legs be removed upon installation of the piles, along with the usage of non-petroleum-based oils.

            The commission also issued a negative determination of applicability to Kyle Prien for construction of his shed at 19 Giffords Corner Road.

            The Marion Department of Public Works filed a Request for Determination of Applicability for road improvements, including the full length of School Street and Parlowtown Road, portions of Water Street (Allen to South Street), Holmes Street (Pleasant to Water Street), and a small portion of pavement at 361 Front Street.

            In keeping with Marion’s rules on remote access public hearings, the case was continued to Wednesday, May 26, at 7:00 pm and will be heard before the continuance of the more complicated Paliotta case.

            The Kittansett Club withdrew its Notice of Intent without prejudice rather than request further continuances to the case for expansion of its parking area. The case was continued from February 10.

            “We expect there will be a new Notice of Intent file at some point,” said Walsh, referencing communication with the engineer representing Kittansett indicating further consideration is being given to the golf club’s plan.

            Continued from April 28, Sippican Lands Trust requested a continuance of its RDA to Wednesday, May 26, at 7:00 pm while working on a requested survey of the property line that could affect relocation of a portion of the Osprey Marsh boardwalk off Point Road.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, May 26, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

            Town Administrator Suzanne Szyndlar told the Rochester Board of Selectmen during its May 17 meeting that the town has been approved for a Master Plan study. The full application is due on June 4.

            While it is considered logistically impossible to complete a Master Plan for the town in time to meet the seven-month window that ends with the June 30 grant deadline, a feasibility study is the short-term goal and an overall plan to be addressed in phases.

            “If we chose to do it all at once, we would have to look at other funding sources,” said Szyndlar, reporting a cost of approximately $90,000.

            After discussing the Master Plan with Eric Arbeene of the Southeastern Regional Planning and Economic Development District (SRPEDD), Szyndlar described it as a 10 to 15-year outlook that would be established with SRPEDD acting much like an administrative assistant, conducting outreach including meetings with the Planning Board and the Board of Selectmen. SRPEDD would create a website so townspeople can view Master Plan surveys, price proposals, and attend workshops.

            “Planning has to have some input,” said Selectman Woody Hartley, who is in favor of the town pursuing its Master Plan on a chapter-by-chapter basis. “Mattapoisett is going through the process right now…. They’re having some really good discussions.”

            Selectman Brad Morse noted that 15 years ago before social media’s emergence, such meetings were conducted at the church.

            “A lot has changed,” said Hartley. “Planning Board has to direct this because it’s their call.”

            Hartley said he would like to see a group meeting including outgoing Town Planner Steve Starrett, outgoing Conservation Agent Laurell Farinon, and the Planning Board.

            Szyndlar said the feasibility study is more important, and Hartley agreed it would be the right place to focus. Citing key personnel transition, Szyndlar said, “Sometimes a pause is the most prudent thing…. There’s going to be a learning curve.”

            In her Town Administrators Report, Szyndlar told the selectmen she received an email from Old Rochester Regional Superintendent Mike Nelson notifying the town that ORR will be going into negotiations with Rochester Memorial School support staff and asking if a Rochester selectman would like to be part of ORR’s negotiation team.

            Morse will fill the role. “It does fall right along with a lot of the things that we’re discussing,” he said.

            Last year’s was a one-year contract, so the sides are back at the table.

            The selectmen voted to approved two appointments, that of Eric Poulin as the new Council on Aging director and Christopher Gerrior as the new Veterans Services director taking the place of the retiring Barry Denham.

            Morse recommended that, given the history of overlap between the Senior Center and veterans services, the two new appointees should get together. “We’ve had a history of having veteran involvement in the Senior Center,” said Hartley, noting his agreement.

            The selectmen also voted to accept Christina White’s letter of resignation from the Agricultural Commission. Morse motioned that the selectmen send her a letter of thanks.

            There are three openings now on the Agricultural Commission. Hartley said the membership has never exceeded five. “[We’re] back down to four, so we’re back on the edge,” said Hartley, offering a public plea. “So, please, if you’re a farmer in town … think about joining the Agricultural Commission. They’re very active in town…. They’re very interested in doing things. Send a letter to Suzanne. We would love to have a full commission.”

            Under correspondence, the selectmen voted to officially reject on behalf of the town’s Board of Assessors the Provision of General Law Chapter 59 Section 2D. “This is basically housekeeping,” said Szyndlar, explaining it as a vote to reject a supplemental tax assessment. “Supplemental billing is not necessary.”

            A mobile COVID-19 vaccine unit will be distributing the Pfizer vaccine on Wednesday, May 26, from 8:00 am to 6:00 pm at the Senior Center. May 26 is also the day of the Town Election, which also takes place at the COA, but Szyndlar told the selectmen the mobile vaccine unit will do its distribution outside and will not interfere with election traffic.

            The vaccine will be available to anyone age 12 and older with no appointment necessary. The prescribed second dose would be distributed three weeks later.

            A separate COVID-19 first-dose vaccine distribution will be held on Saturday, June 5, at Plumb Corner, also outside. It will also be available to ages 12 and older with no appointment necessary.

            “We’re hoping for at least 50 people,” said Board of Selectmen Chairman Paul Ciaburri.

            Town Counsel Blair Bailey notified the selectmen of a complication in the governor’s press release anticipating an end to the state of emergency effective June 15. Bailey is seeking clarification as the end of a state of emergency would end all exemptions from state Open Meeting Law. That would render public meetings held via Zoom unlawful.

            Rochester’s Planning Board will has already announced it will henceforth meet at Old Colony Regional Vocational Technical High School. Bailey said the matter is left up to each individual board, depending on how the state legislature writes the law.

            Rochester’s Annual Town Meeting will be held on Monday, May 24, at 7:00 pm at Rochester Memorial School, and the Board of Selectmen’s next regular meeting is scheduled for Monday, June 7, at 6:00 pm.

Rochester Board of Selectmen

By Mick Colageo

            Just as COVID-19 began to rear its ugly head in late 2019 out on the west coast, Kayla Davis was hired as the Mattapoisett Board of Health agent. Now she has taken a new position with the Town of Middleboro, according to a follow-up conversation with Board of Health Chairman Carmelo Nicolosi on May 12. Davis’ last day of employment in Mattapoisett was May 14.

            The May 12 meeting of the BOH was fraught with technical difficulties when two transposed digits in the Zoom meeting code number disabled the login process; the login problem was resolved, but public access abruptly ended at the 60-minute mark when the meeting shut down.

            During a brief follow-up discussion with Nicolosi, he disclosed that Davis had given her notice after accepting an offer from Middleboro. “We have already begun reaching out to candidates that applied when she did (resign),” he said, calling many of those candidates “really good.”

            Nicolosi also said that in the interim, he has reached out to neighboring communities to secure short-term assistance. He said that health agents are becoming rare, but he feels confident that departmental matters will continue to be effectively handled.

            In the abbreviated time the meeting platform was operational, the board members met with Public Health Nurse Emily Field and Lions Club member Bob Saunders to discuss the annual Harbor Days fundraiser.

            Saunders said that the vendor booths would be placed within a reduced footprint and that social distancing would be kept in mind. He also said that the club has discussed keeping food separate from retail tents and even doing a grab-and-go style food service.

            Field aired her concern that she doesn’t want the event to become a “super-spreader” and reminded all once again, “The virus isn’t sick of us.”

            The issue of capacity at Shipyard Park came into play, as Saunders and Field along with the board members continued to discuss how to implement safety measures. Saunders estimated that in prior year as many as 10,000 people may have visited over the event’s seven days. Field intimated that contact tracing would be impossible in the event the venue triggered a spread of the virus. “There is still transmission going on,” she said. Field agreed that the state guidelines are fluid and subject to changes. She also pointed out that the event will impact more than just Shipyard Park, it will impact the entire village area.

            Saunders said that the event is already down 14 vendors and that reduction impacts the revenue generated. “We support to a lot of local charities,” he said.

            Nicolosi confirmed that Saunders would be invited back to their next meeting to finalize plans.

            Field also reported that she has been working very closely with schools, which have seen an uptick in symptoms, and cases of household spread are still common. She was encouraged that children can now receive vaccines and has discussed the possibility of running a clinic at Old Rochester Regional High School. Children as young as 12 can now pre-register, she said.

            Continued until May 26 were public hearings for variances to septic systems planned for property owned by Howard Chadwick at 9 Fairfield Avenue, property owned by Stephen Napolitano at 14 Brandt Island Road, property owned by Robert Malm at 3 Aucoot Road, and lot 57 Brandt Island Road owned by Ralph Cotellesso.

            The next meeting of the Mattapoisett Board of Health is scheduled for Wednesday, May 26, at 10:00 am.

Mattapoisett Board of Health

By Marilou Newell

            The ZBA Marion Zoning Board of Appeals awarded special permits to two applicants for residential expansion during its May 13 meeting.

            In Case No. 784, the ZBA heard a special permit application from Nicole Gotthold, filed under Section 230-8.6 of the zoning bylaw to allow construction of a 900 square-foot apartment for her parents to live with her at her 39 Ryder Lane address. Gotthold wishes to expand on her space that occupies the width of two of three garages to the full width.

            ZBA Chair Cynthia Callow established Gotthold’s intention to continue living at the address per requirements and asked about parking. Gotthold said she has one vehicle, while her parents have two. There is a two-car garage on the property and a newly paved area that can accommodate three more. The property is hooked into town sewer.

            ZBA member Ed Hoffer reiterated his strong stance in favor of this type of housing use. “I think Marion is very short of places for older people, either couples or singles, to live, and I strongly encourage this kind of project,” he said.

            Alternate board member Dana Nilson asked Marion Building Commissioner Scott Shippey if the plan meets the requirements of the building code, and Shippey confirmed it to be the plan of record. “If she was doing some sitework (expanding the footprint of the existing structure), it would be another story,” explained Shippey.

            Hoffer pointed out that the bylaws allow for one accessory apartment not exceeding 1,200 square feet and not significantly altering the appearance.

            Nilson estimates that, as submitted, the apartment will result in 1,436 square feet. Gotthold acknowledged that a pool room will factor to that total square footage, but the apartment itself will not. She said that the abutters have been notified and have only shared positive responses.

            Will Tifft, who was recently upgraded by the Select Board to full-member status with the ZBA, asked if approval of the project would open the door to any further extensions. Shippey said any further extension would need to go through the same process.

            Admitting concern with expansion from five bedrooms on the site to six and the potential impact on sewer infiltration/inflow (I/I), Shippey noted that four bedrooms are allowed by right and recommended the Department of Public Works be petitioned for approval.

            The board voted to issue the special permit pending DPW approval.

            In a similar case (No. 785), Antoinette Russell and Louis Bailey of 63 Pleasant Street applied for a special permit under Section 230-6.1c of the zoning bylaw to allow a second-floor addition, expanding the volume of their non-conforming village house while not expanding the footprint.

            Representing the applicant, architect Will Saltonstall, a member of the Planning Board, explained that the village home has been around a long time and is not compliant with the side yard setback requirement. “As a result of that, in order to expand the house vertically, we understand from Mr. Shippey that we have to request a special permit to extend this existing, non-conformity. In other words, we’re not making it any closer to the property line, but we’re just extending the non-conformity vertically,” said Saltonstall.

            The proposed addition measuring 297 square feet will allow construction of what Saltonstall called a modest master bedroom and bath that will be connected to the second floor of the existing house. Construction will add a bathroom but will technically only expand a bedroom.

            The house is hooked into town sewer, and Saltonstall said the architectural style is consistent with structures in the village area.

            Dr. John A. Conway, an abutter, spoke in support of the project, saying it will make the home more attractive and more valuable.

            Shippey clarified that, once construction is complete, the former location of the bedroom cannot go back to functioning as a bedroom because it would violate the building code prohibiting a bedroom leading to a bedroom.

            In other business, Callow recognized former member Jim Ryba’s service to the ZBA with a letter sent from the Select Board.

            Shippey noted that former Town Counsel Barbara Carbone has accepted a job on Cape Cod serving another town as town counsel and town planner. Shippey said he would like to conduct more training sessions for Marion boards.

            The next meeting of the Marion ZBA is scheduled for Thursday, June 10, at 7:00 pm., at which time the Heron Cove development will be on the agenda.

Marion Zoning Board of Appeals

By Mick Colageo