Residents of River Road, which runs perpendicular from Route 6 along the Weweantic and Sippican rivers near the Wareham town line, petitioned the Board of Selectmen during its May 4 meeting to attach stipulations to its issuance of an alcohol license to Stone Rooster Hospitality.

            The applicant for an on-premises, all-alcohol license aims to revive the location once known as Gilda’s, 27 Wareham Road (Route 6), at the mouth of River Road.

            Neighbors insist they are not against the revival of the business but only want to take what they see as a now-or-never opportunity to curb what they fear will become an overflow parking situation.

            “It’s not the plan, it’s the three cars halfway through the evening that park on the shoulder and create the potential crisis,” said Christopher Collings, a member of the Planning Board, who lives on River Road. “We’re hopeful that while we move forward here that … the applicant makes an overt gesture” to ensure parking will not hinder River Road egress.

            The selectmen visited the site on Tuesday, met the new owners, and discussed the need for a parking plan that they say will be established with the certificate of occupancy filed with the building commissioner.

            Selectman John Waterman said the plan will demonstrate the ability to match the occupancy of the building. He further stated his intention to “let [the neighbors] know that we’re going to be paying attention and remind them that these liquor licenses come up annually.”

            The all-liquor license was unanimously approved, but Town Administrator Jay McGrail told the neighbors that all three selectmen “are not against this conversation” and that the matter of parking at the site will be taken up with the police chief and will be added to a future Board of Selectmen agenda.

            In a public hearing continued from April 20, a proposed propane storage business, Papa’s Real Estate, LLC, that is requesting a special permit at 0 Luce Avenue asked for a continuance while working with its engineer to satisfy some of the concerns that came up in the last hearing. The hearing will take place on June 15 at 6:05 pm at the Music Hall.

            The third public hearing of Tuesday’s meeting was a 49-minute run through of the 51-article warrant for the May 10 Annual Town Meeting to be held at Sippican School.

            McGrail said just under 100 have signed up to attend, and those wishing to do so should reach out to Town Clerk Lissa Magauran. Vaccinated attendees will be seated in the main auditorium, while others will have the opportunity to attend in the school’s library or cafeteria, a location to be determined in a meeting Friday.

            Article 4, the Sewer Enterprise Fund, will ask voters to authorize an 8.08-percent increase in lagoon project debt. As mitigation, the town has allocated $225,000 from free cash as an offset and has also applied for a state grant program meant to assist in the long term.

            Corresponding Article 20 asks voters to provide $2,740,000 for the lining of Sewer Lagoon 1 as required by the Administrative Order on Consent issued by the Environmental Protection Agency. McGrail says the original estimate of 300 tons of sludge was later revealed to be 1,000 and may end at a total of 1,300 tons. Some of the sludge has been hauled to Canada. McGrail said Marion has received $250,000 of $2 million in grant money the town hopes to receive within the next year or two. “Nothing is guaranteed … that debt would minimize what we have to borrow here,” he said.

            Magauran was on hand to announce that in-person voting for the Town Election will begin on Monday, May 10, and run through Thursday, May 13. Regular voting will be held on Friday, May 14, at the Cushing Community Center.

            “I don’t think we’re going to have a huge crowd anyway, but it’s just for people who don’t feel comfortable yet,” she said, estimating a 15-20 percent voter turnout.

            The selectmen voted to approve her plan to open the polls on May 14 at 8:00 am and close the polls at 7:00 pm.

            The selectmen appointed Will Tifft from associate to full member of the Zoning Board of Appeals, appointed Dana Nilson as a full member, and Danielle Engwert as an associate member who will complete Tifft’s associate term.

            Relaying information from Donna Hemphill, McGrail announced Marion’s Memorial Day plan for May 31, a 9:00 am event to take place entirely outside the Music Hall. There will be no procession to Old Landing, but Sippican School and Portuguese American bands are scheduled to perform.

            Participants will include Dr. Steve Pierce of the U.S. Navy and Captain Andrew Bonney of Massachusetts National Air Guard, along with McGrail and the Board of Selectmen. Facemasks and social distancing will be required.

            In other business, the selectmen voted to accept the donation of a 1978 brushfire truck from the Town of Wareham. The truck is at the Marion Fire Station and gives Marion a short-term solution while an upgrade is ongoing for a long-term truck.

            The selectmen approved a sewer abatement request for $1,105.49 at Delano Road because the water did not enter the municipal system for treatment. They denied a sewer abatement request at 49 Water Street because the bill increase was caused by a leaking toilet and the water entered the system and was treated.

            The next meeting of the Marion Board of Selectmen was not scheduled at adjournment.

Marion Board of Selectmen

By Mick Colageo

            In its meeting held on May 4, the Rochester Conservation Commission discussed a Request for Determination of Applicability that was filed by Thomas Lewis of TEC Associates regarding vegetation management and pesticide spraying along railroad tracks running through Rochester.

            The public meeting on the application in question was continued from the commission’s previously held meeting, as there were concerns raised by Vice Chairman Daniel Gagne surrounding the details of the filing. Primarily, Gagne expressed concerns that the application included a request for confirmation of wetlands boundary line that was not properly supported.

            Gagne had explained in a prior meeting that the application submitted did not include nearly enough detail or review in order for him to satisfy the requirements that the commission normally adheres to for those kinds of requests. Normally, when a request for delineation of a resource area is made, the commission will seek the assistance of an independent peer-review consultant to create their own delineation of the wetlands area that can then be compared to that submitted by the applicant. In addition, abutters to the area would be notified and have an opportunity to review the delineation as well. In this case, the proposal submitted by Lewis did not include his own wetlands delineation and instead only portrayed areas along the tracks that would be either sprayed by pesticide or avoided.

            Conservation Agent Laurell Farinon agreed that a Request for Determination of Applicability is normally not used for wetland delineation, but there are other communities that do follow that procedure. Ultimately, Farinon contacted the Department of Environmental Protection to try and best determine the proper procedure for this unique filing. Farinon told commission members that it would be ideal to amend the filing to exclude the wetlands demarcation, as it is not needed for the kind of work that was proposed by the applicant.

            Farinon further explained that a letter or an addition to the meeting minutes could include a note that the wetland boundaries shown in the plan are only to be used for vegetation management and herbicide spraying. That way, the delineation of wetlands on the plans would not constitute an official record of the wetlands in the area.

            Commission member Kevin Thompson suggested that a letter be included with the filing to clear up any confusion surrounding the application. In addition, Thompson explained that the inclusion of the letter could make it easier for Lewis to go forward with these applications in the future and with other conservation commissions throughout the commonwealth.

            With that, the Rochester Conservation Commission voted to issue a negative determination of applicability for the project, allowing Lewis to move forward with his plans to spray along the railroad tracks.

            The next Rochester Conservation Commission meeting is scheduled to be held via Zoom on Tuesday, May 18, at 7:00 pm.

Rochester Conservation Commission

By Matthew Donato

            The owner of the Dunkin’ establishment at 450 Wareham Street went before the Marion Planning Board on May 3 seeking minor alterations to a site plan that had been awarded a special permit.

            The signature change is the elimination of the word ‘Donuts’ from the Dunkin’ brand. As tweaked, the letters of the new sign over the front doors will be slightly smaller than the 16-inch letters prescribed in the site plan. Other essential changes include a canopy over the menu board, digital letters at the drive-thru, and interior redesign elements that do not fall into the board’s purview.

            Project representative Luis Bettencourt told the board the owner is looking to tweak the plan of record. “We don’t like that ‘gauntlet gray’ that has been provided,” he said, alluding to intentions of choosing an almost-white shade of gray on the exterior of the building.

            Members of the board took no issue with the stated changes but did have a problem with contradictions on the plan of record.

            Andrew Daniel sought to clarify what was approved versus the plan’s call for building signage such as “Marion runs on Dunkin,’” and “Fresh is around the corner,” and other elements not in synch with the stipulations of the permit.

            “Purple door handles aren’t exactly ‘Cape Cod colors,’” said member Norm Hills. “I want to see a plan that doesn’t have that stuff. … I want something that codifies exactly what we’re agreeing to so in the future there’s no second guessing.”

            Bettencourt said those elements will not be part of the construction, and he was not aware of the coffee cup on the exterior sign. He was hoping his email on the matter would save the expense of hiring an architect to revise the site plan to local specifications.

            He further recommended the board visit the Dunkin’ off the rotary where Route 28 converges with Routes 18 and 44 in Middleborough.

            Town Planner Gil Hilario suggested that, if the Planning Board deems the requested changes to be categorically minor, then Building Commissioner Scott Shippey can rule on the matter and the board can apply conditions.

            “I think you do need to have plans that show the options you’re going to choose, not three options,” said Hills, who suggested providing the drawings with a letter stating the exceptions. “That would be acceptable.”

            Chairman Will Saltonstall recommended a PDF file of the drawings marked up so the Planning Board will have a plan of record.

            Poyant Signs is working with the applicant and will apply for the signage permit, according to Bettencourt.

            Outside the building, Daniel also noticed that trash receptacles were recently removed from the drive-thru path, resulting in litter.

            The most-serious concern was not on the agenda, as Saltonstall said that traffic on the site is backed out onto Route 6. “Not once in a while,” he stressed. “If the popularity of this site continues to grow and the density of this site grows, we may see a serious accident.”

            Hills noted a friend’s vehicle was hit by somebody trying to get into the Dunkin’ parking lot, while Daniel noted the extreme turn for cars heading east on Route 6.

            Bettencourt said that the owner of the Dunkin’ also owns the property next door to the right and will examine the traffic flow.

            “There is nothing wrong with saying, ‘This was approved, but things have changed.’ …Take a step back and say, ‘How can we make it safer?’” said Daniel.

            The board voted to consider the requested changes to Dunkin’s special permit to be minor. The board will send a letter to Shippey, and the owner will provide a final set of plans.

            A continued public hearing on a definitive subdivision plan on County Road near the Rochester town line per applicant Todd Zell was represented by Dave Davignon of Schneider, Davignon, & Leone, Inc.

            Davignon requested several waivers that were discussed in detail, none of which emerged as sticking points. But, citing the number of waivers, Saltonstall said he would like more time to look them over. The Planning Board voted to continue the public hearing to the board’s May 17 meeting at 7:05 pm.

            Referencing a 2018 report, member Eileen Marum said that pesticides were found in Wareham’s drinking water and asked Davignon for assurance that the well water is free of pesticides. Davignon discussed the permitting process, including testing at a local laboratory. A failure, he said, would require a new location at greater depth.

            “I’ve yet to see a site not be able to get potable water, but there have been issues with cranberry bogs – I’m curious if those sites were downgradient or upgradient,” said Davignon. “You cannot get a building permit unless you can show the Board of Health you can get (clean) water.”

            Davignon added that Zell and his brother built 18 years ago on adjacent lots, and he is not aware of any issues.

            No one answered the call for public comment.

            In a continued public hearing for a special permit and major site plan review submitted by applicant Sherman Briggs and Hamblin Homes, Inc. for construction of 28 townhouses at Spring and Mill Streets, Briggs made a point of inviting Planning Board members for a site visit.

            A visit was tentatively scheduled for Friday, May 7, at 11:00 am with representatives from Lakeview Engineering Associates (representing Briggs) and Beals and Thomas, Inc. (Town of Marion). According to Hilario, stormwater designs are contingent on discussions between the two engineers.

            “From a Planning Board perspective, we can have the site meeting, can talk to the review engineer, and we’re going to have a discussion. But then the ball’s in your court to have some pretty significant information. That’s my interpretation of where we are,” Saltonstall told Briggs and Steve Poole of Lakeview Engineering Associates, who represented Briggs at Monday’s meeting.

            The Planning Board voted to continue the hearing to May 17 at 7:15 pm.

            A continued public hearing for a special permit for a proposed zoning change to Residence E at Bournhust Road and Wareham Street represented by attorney Patricia McArdle was only reopened to be closed after the application was withdrawn.

            Saltonstall anticipates further discussion between the applicant and the Board of Selectmen regarding the potential for hookup to town sewer.

            The next meeting of the Marion Planning Board is scheduled for Monday, May 17, at 7:00 pm.

Marion Planning Board

By Mick Colageo

            The Rochester Board of Selectmen wants more time to digest the Rochester Memorial School agreement.

            “It doesn’t make sense to us the way the numbers line up,” said Town Counsel Blair Bailey, explaining to the selectmen during their May 3 meeting that Town Administrator Suzanne Szyndlar “ran the numbers” and came to the same conclusion. “I guess the best way to put it [is] we have some questions about the dollars of the deal.”

            Selectman Woody Hartley suggested Bailey and Szyndlar get together with ORR School District Facilities Director Gene Jones “and hash it out until you’re comfortable.”

            “I would like to hear from the highway surveyor on the new deal with (solar) canopies there,” said Selectman Brad Morse, referencing pertinent issues such as life expectancy of the parking lot underneath and its maintenance. He questioned the power amount, saying it is based on an assumption and suggested that the payment in lieu of taxes (PILOT) amount comes under the purview of the Assessors’ Office.

            Morse also articulated concern with neighbors, alluding to a prior problem with abutters when the school building addition was done. Hartley said those problems were remedied.

            “I’m trying to avoid conflicts so we don’t end up in a two or three-year battle,” said Morse, who ran the meeting as Vice Chairman because Chairman Paul Ciaburri was attending remotely.

            Ciaburri questioned the PILOT program and the cost of the electricity. “I would like to see more information about that and have the highway surveyor talk to us about snow removal,” he said.

            Bailey said that from a zoning standpoint, solar power is technically an allowed use.

            The selectmen agreed to continue the discussion at a later date when they have the needed information.

            The selectmen voted to sign the Annual Town Meeting Warrant and voted to accept a SEMASS PILOT payment of $340,260.

            In her Town Administrators Report, Szyndlar reported an expression of interest for feedback on the report from a feasibility study that SRPEDD representative Eric Arbeen helped Rochester undergo. She said that the full application for the study can be submitted between May 3 and June 4.

            Plymouth County representatives visited Town Hall on April 30 to present Rochester’s third CARES Act reimbursement check in the amount of $113,132. Szyndlar said she expects the town will file a total of seven submissions and noted that a new program called the American Rescue Plan Act (ARPA) will draw from a $1.9 billion appropriation, including $3.6 billion earmarked for state and local governments. The program will be divided into two halves beginning May 11 and again nine months later. Rochester expects to be eligible to receive $516,000 in funds that would pass through the state to the town.

            Szyndlar said ARPA will operate on four basic rules including revenue replacement for FY19 figures covering the cost of hazards such as duty pay, COVID-19, sewer/water, and infrastructure, but not including OPEB payments or for the purpose of lowering taxes. The timeline will operate from March 3, 2021 to December 21, 2024.

            Libraries and schools will get their own ARPA funding and, unlike via the CARES Act, will administer the program separately from the towns.

            The selectmen voted to approve Police Chief Robert Small’s recommendation that part-time officer Austin Alves be hired as a full-time police officer. Small said that Alves worked for over a year as a part-time officer and described him as diligent in his working and learning. Alves is also an EMT with a Bachelor’s in Criminal Justice. Bailey said, “Normally this would be a more momentous an occasion…. Apologies it’s not as momentous over Zoom.”

            Hartley addressed the recent appearance of commercial advertising on telephone poles all over Rochester. “Eventually it will become litter because the wind will knock it off,” he said, identifying the advertiser as an out-of-town company. “I assume it’s against town bylaws.” Morse recommended mailing the company a citation.

            In other business, the selectmen approved a donation of $24,253 from the SEMASS request fund that will address, among other requests, police vests at $8,000, plus other police equipment, and requests of $2,728 and $3,000 from the Park Department.

            The selectmen also voted to approve two ranges seeking to renew their operating permits, and it was decided to forego plans for a 2021 Memorial Day celebration and instead key on Veterans Day in the fall.

            The selectmen entered executive session to discuss a personnel issue not specified in the agenda and did not return to open session.

            The next meeting of the Rochester Board of Selectmen is scheduled for Monday, May 17, at 6:00 pm.

Rochester Board of Selectmen

By Mick Colageo