Mattapoisett Planning Board member Janice Robbins expressed concern during the board’s May 3 meeting over what she considers endless requests from applicants for continuances. A continued hearing for a modification to a Form C Definitive Subdivision filed by Eric Medeiros for property located on Selha Way was scheduled, but the applicant asked for an extension of the application until August 16, and another continuance of the hearing until June 7, thus inspiring Robbins’ question, “Is there any procedure for endless continuances?”

            Chairman Tom Tucker offered, in the absence of a formal procedure, that the board does have the right to deny a request for continuance of a scheduled hearing.

            Tucker also suggested that, instead of denying the current request, the board could give the applicant one more chance and notification that further continuances would not be granted, an act that would send the applicant back to square one in the hearing process.

            The board members were unanimous in their agreement to give Medeiros one more opportunity to have his request heard and a decision rendered, but no further continuances. The application has been on and off the Planning Board docket for more than a year.

            Also seeing a change to heretofore granted allowances to subdivision developers was David Andrews of the Bay Club. He came before the board to request a “lot swap” in lieu of cash or a bond surety placed on the required roadway construction.

            Andrews said that the development is nearing the end of its 19th year of build-out with some 12 lots remaining for sale. He requested the exchange of three lots on White Pine Lane for two lots on High Ridge held in lieu of an estimated $400,000 of roadway work now pending completion.

            When asked if a cash surety was possible, Andrews said that the Planning Board had always been good to the Bay Club, but if a bond or cash surety is needed, “We’re okay with that.” Robbins had stated that lots held do not represent a “real” assurance that roadways will be completed and that lots held are not the norm. Board members agreed to allow the lot swap this time, but requested bonds or cash in the future for Bay Club.

            The board rendered its decision on a Form F Covenant for 0 Randall Road Cranberry Cove for a one-lot subdivision. After a brief discussion of the covenant and maintenance plan submitted by G.A.F. Engineering, the plan of record was approved.

            A subdivision plan for property located off Park Lane and represented by Doug Schneider of Schneider, Davignon, & Leone, Inc. received a continuance to June 7, as issues of the railroad easement and the extension of Park Lane (a public way) remained unclear. It was ascertained with the help of Town Counsel Jonathan Silverstein that a decision on the extension of Park Lane, which would grant the applicant the right to add an extension on the existing public way, rests with the Board of Selectmen. Schneider said he would seek a meeting with the selectmen after the May 10 Town Meeting.

            Planning Board Administrator Mike Gagne brought to the board’s attention the fact that Tinkham Hill Road has never been conveyed or registered to the town. He said that his research had failed to confirm the road belongs to the town. On the eve of developing a municipal solar array at the closed former dump, Gagne said the investors are hesitant to move forward until the road is conveyed to the town. He said the issue requires the approval of both the Planning Board and the Board of Selectmen.

The Planning Board voted to accept the roadway contingent upon acceptance by the Board of Selectmen.

            Before adjournment, member Karen Field expressed concern over the fate of a long stonewall located on Crystal Spring Road on property owned by Ryan Correia. Tucker said he would talk to Correia about the possible preservation of the old stonewall.

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

Mattapoisett Planning Board

By Marilou Newell

            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