After a lengthy review process that began over a year ago, the Cranberry Highway 40R Development received unanimous approval from the Rochester Planning Board in their meeting held on January 26.

            The project’s applicant, Ken Steen, explained that the language in the most recent decision is agreeable to both the development’s needs and the Planning Board’s conditions. Chairman Arnold Johnson agreed that the draft decision’s most recent iteration has satisfied the town’s requirements and thanked Steen for his cooperation in the lengthy review process.

            Ultimately, the project, which has faced significant roadblocks in terms of design and abutters, now has the authority to move forward.

            The Rochester Planning Board moved on to a review of their proposed budget for the upcoming year. The discussion centered primarily around minor alterations to administrative costs and procedures.

            Johnson explained that the budget seemed to be consistent with previous years. That said, he recommended an increase in the amount of funds allocated to Registry of Deeds recording fees, as he anticipated that numerous changes to Planning Board regulations would need to be recorded with the registry.

            Town Planner Steve Starrett also joined the meeting to inform board members of the increasing storage problems the town faces concerning their requirement to store public documents. Starrett explained that the growing number and size of plan sets needing storage has resulted in a decrease in file space and a mounting difficulty in terms of retrieving older documents once stored.

            Working to find a solution to the problem, Starrett advocated for both scanning the documents and using a storage company to store documents off-site. This would allow only more recent documents to occupy the town’s file cabinets, while more dated records could be store in a different location.

            The problems relating to storage extend outside of just Planning Board documents, but Starrett hoped that if the Rochester Planning Board would adopt the use of scanning and off-site storage, then other town bodies would follow their lead. Johnson acknowledged the growing problem, but he expressed concerns that storing the documents at another location could lead to delays in retrieval and conflict with town regulations relating to document storage. The Planning Board agreed to conduct more research into the subject and review potential solutions in their next meeting.

            Johnson ended board business by recommending a site visit to the Cushman Road Solar Project. According to Starrett, Eric Las, the engineer leading the development of the area, has staked the site in question to allow board members a clearer understanding of areas that will be impacted.

            Johnson explained that a greater understanding of the site is vital, especially the contentious access road proposed by the applicant, as numerous abutters have already voiced concerns about the development. The Rochester Planning Board will visit the site on February 6, leading into their next meeting to be held on Tuesday, February 9, at 7:00 pm, when the public hearing on the solar site will continue.

Rochester Planning Board

By Matthew Donato

            Carmine and Beth Martignetti’s twice-continued public hearing for shoreline improvements at 71 Moorings Road gained traction at the January 13 meeting of the Marion Conservation Commission.

            The Notice of Intent, which included removing a vertical stone/concrete wall, expanding on an existing coastal beach into an upland area, and reconstructing a stone jetty, was again continued to January 27 after discussion. But Dave Davignon from Schneider, Davignon & Leone, who presented on behalf of the applicant, detailed updates to plantings of beach grass, rosa rugosa, and other planting additions that had the proposal nearing the finish line.

            After discussion, the Conservation Commission requested permanent markers as a visible demarcation between the lawn area and the previously well-vegetated area now planted as outlined by Davignon. ConCom member Jeff Doubrava originally suggested a permanent marker, and member Cynthia Callow said they should be up and not flat. “I also think, given the history here, we have to be very specific as to what we want— how big, how wide, color …,” Callow said.

            “I’m in favor of a concrete boundary to be placed rather than the flat stone; folks that are going to be doing landscaping activities out there are going to understand that’s going to be 3 inches above grade. That’s going to be a better demarcation of where they’re allowed to mow and where they’re not allowed to mow,” said ConCom Chairman Paul Walsh.

            Davignon was to submit a revised plan including concrete markers 2 feet by 3 inches above grade at 20 feet on center. Five existing markers and an additional marker will be shifted to ensure the margin of error preserves rather than encroaches upon the areas meant to avoid being mowed. “With those revisions, I think we’ll be good to go and move to close the matter and move to an NOI,” said Walsh.

            Because ConCom members felt that saltmarsh is a sensitive and protected area, what began as an RDA filed by 418 Point Road Trust was replaced by an NOI for repairs and the replacement of a portion of a pile-support system of the boardwalk at that address. ConCom members visited the site on January 9.

            The Division of Marine Fisheries asked why the rotting piles could not be removed entirely and replaced. Davignon discussed challenges with different methods of executing the switch, and Walsh credited him with a thoughtful approach in trying to arrive at the least environmentally problematic process. Each piling will have four 4-by-6-foot beams.

            ConCom member Marc Bellanger asked if calculations had been done to determine the strength of the proposed support. Davignon said it wouldn’t be equal to a solid pile. Walsh said he’s never seen a pier repair like this one. He suggested measuring after a year or several months to see if shifting has occurred.

            Davignon said he would send a letter officially withdrawing the RDA. The hearing was continued to January 27.

            After discussion, Tabor Academy’s Request for Determination of Applicability to demolish Hayden Library, 85 Spring Street, and construct a new 22,750 square-foot Campus Center on the site was continued to January 27. Bob Field of Field Engineering represented Tabor and explained that the plan calls for Hayden Library to be razed and for grading and utility work to commence in the flood zone as the new Campus Center. Field also summarized the plan for stormwater runoff, including a recharge area. At the time of the hearing, the Planning Board had the plan out to peer review. Walsh said a small percentage of the project is within ConCom’s jurisdiction.

            The Marion Lands Trust requested an amended Order of Conditions for changes to the entrance of the proposed driveway at Wareham Street, modified to eliminate the bend from the existing paved parking lot.  The MLT also seeks to modify the easterly property lines beginning at Wareham Street through an ANR plan process with the Marion Planning Board for the vacant land behind 369 and 371 Wareham Street. The hearing was continued to January 27.

            Bruce Pawelczyk filed an NOI to remove decks and walkways and construct a 12-by-24-foot addition to an existing side deck at 50 West Avenue. The decking will be replaced on the rear deck, and columns will be added to support a new upper deck. ConCom members visited the site on January 9. Brian Grady of GAF Engineering represented the applicant and said the project is not a full “tear-down, rebuild” but some exterior and interior work. The hearing was continued to January 27.

            Kittansett Club’s Notice of Intent to expand the existing overflow parking area located on the south side of the property at 11 Point Road has been continued for the fifth time per the applicant’s request. The hearing is now scheduled for February 12 at 7:00 pm. Doubrava suggested it is unfair to abutters to be denied the opportunity to comment through a number of continuances. Administrative Assistant Donna Hemphill confirmed that abutters are aware that Kittansett will be back on the February 12 agenda. The club has not been able to finalize a revised plan and is continuing to work with a key abutter.

            The Town of Marion filed an RDA to replace three fire hydrants at 33 Allen Street, 19 Holmes Street, and 17 Dexter Road. DPW Engineer Meghan Davis represented the town and explained that the three hydrants are within a flood zone. The hearing was continued to January 27.

            Two hearings were closed with favorable results.

            ConCom voted to award Richard and Faith Morningstar an Order of Conditions with stipulations to construct an inground swimming pool with associated perimeter patio and required grading at 8 Moorings Road. Davignon reported on proposed revisions to the southern corner, including a 15-foot radius around the bend closer to the pool patio and additional fill that will lessen wall exposure to 2 feet. It hasn’t been decided if it will be a chlorinated pool or a saltwater pool.

            A negative Determination of Applicability was issued to Aucoot Cove Properties, LLC in its continued RDA; the applicant requested a Chapter 91 License with the DEP Waterways Program for a pier, ramp, and floating dock structures at 98 Indian Cove Road. No work is proposed at the site, and a relatively small portion of the property falls into Marion’s jurisdiction, with the majority being in Mattapoisett.

            Ethan Gerber has been voted to a three-year term as a full member of the Conservation Commission.

            In the lone action item, ConCom voted to award Carolyn Martin, 282 Delano Road, an extension permit for the proposed construction of a residence. The property’s waterways license allows a five-year period of construction scheduled to end in November 2023, and the Order of Conditions expires at the end of February 2021. The awarded three-year extension permit will expire on February 28, 2024.

            The next meeting of the Marion Conservation Commission is scheduled for January 27 at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

On January 21, the Mattapoisett Zoning Board of Appeals heard an application for a Special Permit filed by Rene and Sheila Macie for property located at 3 Pinebrook Lane within a small subdivision. The applicants sought permission to construct a third garage bay to an existing attached garage where the pavement had already been placed.

            Represented by engineer David Davignon, the project was described as a simple addition to the existing garage. However, the small subdivision created on Pinebrook Lane had caused a stir in the neighborhood, including the abutters requesting and receiving Massachusetts Department of Environmental Protection oversight when the subdivision was first permitted several years ago.

            On this night, one abutter questioned the functioning of dry wells meant to help control stormwater run-off. Another aired concerns that traffic would increase if the garage were expanded, and that water is flowing off the site into neighboring yards, and that the town, which had promised to improve stormwater systems along Holly Lane, had failed to do so.

            Davignon reminded the ZBA that the subdivision had received permitting and a Certificate of Compliance from the DEP, that the Mattapoisett Conservation Commission had also permitted the project, and that the case before the board was nothing more than the garage bay addition situated on an existing paved area. “There is not going to be an increase in run-off,” he said.

            Several board members asked about the intended use of space above the new bay and whether it would be accessible via an outside door. Davignon said the space would be used for storage.

            The Special Permit was issued with special conditions, including no plumbing in the space, no commercial use of the bay, no habitable space in the garage, and no exterior door access.

            In other business, a Special Permit was granted to David and Mary Pendergast, 3 Ned’s Point Road, to construct a second floor over an existing attached garage for a master bedroom suite and other interior improvements.

            A Commercial Special Permit was granted to Dr. Marya Gabriel, 7 Alderberry Lane, that permits the running of a veterinary acupuncture and herbal medicine business from her residence.

            A Special Permit application filed by Stephen Goulston, 27 Nashawena Road, was continued at the request of Andrew Perry, the applicant’s attorney. Perry said his client was awaiting notification from FEMA that the project could be permitted. No date was set for the re-opening of the filing.

            The next meeting of the Mattapoisett Zoning Board of Appeals was not set upon adjournment.

Mattapoisett Zoning Board of Appeals

By Marilou Newell