Eileen Marum came away from a state-sponsored, Citizen Planner Training Collaborative session eager to share the concept of design review as the work of a potential committee in Marion.

            The mission of a design-review board would be to engage in “a process that municipalities can implement to improve the quality of structures,” Marum told fellow members of the Marion Planning Board during their Monday night Zoom meeting. “Focus should be objectivity and not based on the taste of individual board members.”

            A big piece of the lesson in the CPTC program was the importance of objectivity over subjectivity in residential planning.

            “It’s a good idea to have the people that live in these (residential developments) get together on styles, what to promote and what is appealing. But be careful not to be subjective but to be objective,” said Marum, summarizing her many notes from a session nearly two hours in length. “This is what the program was appealing to, the objectivity.”

            Planning Board member Alanna Nelson corroborated Marum’s takeaway, referencing her own attendance in CPTC classes.

            A design review committee would presumably consist of three or four members with diverse backgrounds such as architectural landscaping and historical preservation.

            In order for such a committee to successfully influence the work of developers both residential and business, personal tastes must be put aside in favor of informed perspectives buttressed by education, experience and training. The committee should also be well-equipped with computer-generated graphics, aids and drawings, etc.

            With three multifamily housing projects pitched and/or planned, the subject is certainly relevant to Marion. Duxbury and Wellesley both have design-and-review boards, and it was noted during Monday’s meeting that Marion’s town counsel, Jon Witten, lives in Duxbury and might be able to provide some insight.

            Planning Board member Jon Henry asked Marum to what extent would a design-review board’s judgments be binding. They would not be adjudicatory in that sense but rather offer “something to think about, something to consider,” according to Marum.

            Planning Board Chairman Will Saltonstall said he is skeptical of design and review at the residential scale. “As an architect who works on the other side of the table … I just can’t see a design-review board happening at a residential scale,” he said. “I understand it in terms of economic development on a bigger scale, urban development. But on a suburban scale …”

            Marum clarified that a design-review committee is “not meant to police what someone can do on their property.”

            Planning Board member Chris Collings suggested relabeling such a committee “Residential-Architectural Catalog,” explaining the value in making a large amount of information accessible. “Not everybody has (Will’s) breadth of view. I always feel like our review is better when we have good ideas. Maybe if it was called a conceptual database.”

            Town Planner Doug Guey-Lee told the board that he also attended some of the CPTC classes and could share the documents.

            Among the many tidbits gleaned from the session, Marum touched on subjects such as the importance of regulating excessive differences or similarities in buildings such as a subdivision of rows of cookie-cutter homes. The conformity of surrounding buildings, relayed Marum, should not be community wide but restricted to neighborhoods, areas and districts.

            A design-review committee would be mindful of visual continuity, making sure developers do not break laws, regulations or policies or obstruct existing views of town landmarks. Marion has a neighborhood of history in the Town House, Taber Library and Bicentennial Park, the latter of which Marum feels could be used more than it is.

            Urban amenities were encouraged by the CPTC. For example, a pocket park with benches and a fountain would attract people and help form the basis for economic boost.

            CPTC attendees were instructed that developers seek certainty, to know what planning boards are thinking and what they can do to achieve a development that addresses the interests of all stakeholders. A big part of that is applicability (i.e. whether a particular building integrates well with its neighborhood.)

            Asked for comments by the Zoning Board of Appeals, the Planning Board had many questions about the application of Jay Flanagan for a variance to construct a covered entry to his house at 26 West Avenue.

            Noting that the house is on a separate lot but that the plans do not show where, Planning Board member Norm Hills said he cannot tell if it’s a non-conforming building. “Not enough information,” he said.

            The plans also lacked critical information on the location of the septic system in an environmentally sensitive area. Noting that the Board of Health sent a letter denying permission, Hills said the application is incomplete and the plans inadequate.

            After discussing the matter, the members voted that the board would send back to the ZBA a letter recommending no further action is taken on this case until information is obtained, including a better understanding of the lot location, its setbacks and understanding the Board of Health statement on the property records card.

            Citing a conflict of interest, Saltonstall recused himself from comments requested of the board on the application of Terrence and Kym Lee to the ZBA for a special permit allowing construction of an addition to an existing, non-conforming residence at 43 Holmes Street. The Planning Board recommended the matter staying in the purview of the ZBA, which will hear the case on Thursday, January 13.

            Guey-Lee reported, in response to the Planning Board’s request to Witten for comment on 313 Wareham Road, that he was advised the matter should remain under ZBA purview.

            The town hired a consultant to review recommended changes to Chapter 300 Subdivision Rules and Regulations, and those proposed changes that have been posted to the town’s website, marionma.gov, were approved by a board vote on Monday night.

            The board also discussed potential amendments to zoning laws, and Saltonstall is working on a floor-area ratio idea that he says he derived from a comment made by resident Barry Gaffey during the board’s last meeting of 2021. Saltonstall thinks it’s an interesting kind of scale and can be applied specific to the zoning areas.

            “We don’t want to hamper people’s ability to do things on small lots,” he said.

            At Hills’ suggestion, Nelson will send an email to board administrator Terri Santos with information she has gleaned from trainings and what she has learned from other towns.

            The next meeting of the Marion Planning Board is scheduled for Tuesday, January 18, at 7:00 pm.

Marion Planning Board

By Mick Colageo

            The Mattapoisett Planning Board has been struggling to keep business flowing in the absence of a town planner or administrator.

            Former Town Administrator Mike Gagne had been filling in for months after the departure of Mary Crain. Gagne, however, recently advised the town he would need to terminate his assistance having taken a position with the City of New Bedford. The position was posted and several candidates looked promising. An offer was made to an interested party, but that applicant subsequently withdrew.

            During the January 3 board meeting, Town Administrator Mike Lorenco said, “Part-time positions are tough.” Part-time positions constitute 19.5 hours per week. Lorenco said, “The Select Board has talked about full or part-time positions a lot, but right now in the budget it’s for part-time.” He also added that the Select Board “…wants to be involved.”

            Planning Board member Janice Robbins expressed her desire to have a planner with relevant education and experience, especially regarding state rules and regulations. “Tough time to hire,” said Lorenco. He said many municipal positions throughout the commonwealth are a “revolving door.” He also offered the assistance of his office staff in the interim and assured the board that job postings would be placed in all available employment platforms.

            The board spent time talking about the logistics and timing of public meetings and/or hearings for their long-awaited draft of a new solar bylaw. The draft itself, a document that Robbins took the lead on more than two years ago, has gone through several legal reviews, it was noted. The board is looking to hold at least one public meeting and one public hearing in March to receive public feedback. Posting of the meetings will be made two weeks prior to scheduled date. Once public discourse is completed, the bylaw would head to the Select Board and then on to the spring Town Meeting.

            The board also discussed a new fee structure that would require new or updated fees for plan modifications, Approval Not Required (ANR) filings and other matters that require services of the Planning Board office.

            Earlier in the proceedings, the board approved a surety agreement with the Bay Club, represented by David Andrews, that would allow one lot to be released for sale and a final lot held along with cash in the amount of $465,000. The surety will be held until roadway construction is verified as being complete.

            Continued to February 7 was a subdivision proposed at the end of Park Lane by property owners Andre Rieksts, Scott Atkinson and Margo Wilson-Atkinson. Represented by Douglas Schneider of Schneider, Davignon and Leone, Inc., the project would include adding a private extension to an existing public way and easements across former railroad holdings.

            Also continued to the February 7 meeting was an application for a roadway expansion of Nicky’s Lane. The project is represented by Bill Madden of G.A.F. Engineering.

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

Mattapoisett Planning Board

By Marilou Newell

            Fieldstone Lane residents who complained during the Zoning Board of Appeals’ December 23 public meeting about their predicament in the wake of developer Ken Steen’s requirement that they establish a homeowners’ association by January 1, 2022 in order to avoid a breach of contract were heard on Tuesday night by the Marion Select Board.

            With 10 days minus two holiday weekends to organize a response, Marion Town Administrator Jay McGrail met with Steen and Town Counsel Jon Witten on January 4 and reported during the Select Board’s Tuesday night meeting that Steen said he would continue plowing the road until the transition is complete.

            That news was meant to bring relief to the disgruntled homeowners on the private way, but the message also compounded the homeowners’ frustration as it was learned that they had entered into a contractual agreement with another road-plowing service.

            The homeowners blame this on a lack of communication from Steen. The resultant expense, according to Shawn Badgley, 13 Fieldstone Lane, is a monthly bill of hundreds of dollars. Some of the Fieldstone Lane residents are in 40B affordable housing, further indication that budgets will be stretched.

            “We’re in the red for potentially thousands upon thousands of dollars,” said Badgley, who once again asserted in a public meeting that Steen had indicated that the town would take over Fieldstone Way as “a matter of when, not if.”

            Since then, the homeowners have learned that the town is against making Fieldstone Lane a public road. To that end, Department of Public Works Director Nathaniel Munafo attended Tuesday’s meeting to explain the town’s position.

            Munafo referenced more than 10 waivers, some of which he considers significant, that allowed road construction against the town’s recommendation. The waivers included a right of way reduced from 50 to 40 feet, streetlights that are too close to the roadway, the hammerhead design and dramatic roadway drop-off after the paved surface ends.

            McGrail also cleared up a misconception over the town’s vetting of the project, noting its 40B (affordable housing) status and the waivers granted the project by the state against Marion’s wishes.

            “Marion went to court to fight this whole process … (the waivers) were forced on us after 10 years of litigation … ultimately approved through Housing Court. These are not waivers that we give out, but because of the 40B status we lost,” explained McGrail. “You guys are definitely a big part of our community, and our job is to help our residents. … But we want to make sure that we’re clear and up- front with our concerns.”

            The process of making Fieldstone Lane a public way, McGrail instructed is via a citizens’ petition, then a presentation and vote at Spring Town Meeting. It is not in McGrail’s or the Select Board’s purview to declare any private road a public way.

            Select Board member John Waterman suggested McGrail ask Steen to pay the bill associated with the new snowplowing contract that HOA treasurer Wendy Slabodnick said cannot be canceled.

            “We’re asking Steen and asking the town to work together to provide some clarity to perhaps avoid some litigation,” said Badgley adding, “we did everything to hold up to our end of the deal so we’re asking the same of Steen.”

            McGrail said that there is approximately $20,000 remaining in the maintenance bond earmarked for the planting of trees and streetlight repair. He reported that Steen indicated in Tuesday’s earlier meeting with McGrail and Witten that he would complete those repairs by April.

            McGrail said he would provide Badgley with the town’s list of concerns and the requirements of street acceptance.

            In a 6:15 pm appointment, Department of Public Works engineer Meghan Davis updated the Select Board on Marion’s Hazard Mitigation Plan, announcing that the plan was finalized and submitted to MEMA and FEMA in December. The final step, said Davis, is the Select Board’s signing of the Certificate of Adoption.

            The board voted its approval of the Hazard Mitigation Plan.

            What former Town Planner Gil Hilario started in procuring the grant to get the ball rolling with the town’s Hazard Mitigation Plan before leaving to work for North Attleboro, Davis finished.

            “Meghan took the ball and hit a home run with it,” said McGrail, alluding to two public forums and a successful consultation with the Woods Hole Group. “I’m really happy with the work they did.” McGrail said the work was completed in time for Marion to apply for the FEMA-sponsored, competitive Building Resilient Infrastructure and Communities (BRIC) Grant.

            Being a public hearing, John Brown, 7 Shawondasse Road, spoke critically of how the Board of Assessors recently designated formerly unbuildable lots in flood plains and velocity zones as potentially buildable. “I think it’s a colossal waste of energy and goodwill,” said Brown, who added a plea to the town’s boards to work together and adhere to existing regulations. He strongly urged the town against any new buildings or sewer hookups in flood plains and velocity zones.

            The Select Board offered no rebuttal to Brown’s presentation of facts, but Hills said, “We’re trying to work together. … Unfortunately, some of the bylaws we have are contradictory.” Hills further noted that, as part of the Bylaw Codification Committee, some of the changes the town needs to make are “darn hard.”

            Waterman noted that the assessors are independently elected. “We have no control,” he said.

            In his Town Administrator’s Report, McGrail told the Select Board that Marion is in “mid-swing” of the FY23 budget and capital-request season. Most department heads have submitted budgets, he said, waiting on the Police Department and public schools.

            The plan, said McGrail, is to submit a FY23 budget to the Finance Committee and the Select Board by January 26, the night that FinCom next meets. He identified schools as “the big budget item before we know where we are.”

            McGrail said he would have the Sippican School budget by the end of this week. While Old Rochester Regional School District budget hearings will be held in February, McGrail said that ORR Superintendent of Schools Mike Nelson would have a placeholder by the end of January. The ORR placeholder, he said, has a history of reliability.

            As for capital planning, the CIPC is nearing the end of its cycle and was scheduled to meet on Wednesday night for the DPW’s final installment, the sewer budget. The committee will then score all capital projects and submit a recommendation to the Select Board this month.

            McGrail says that Marion has free cash but does not want to spend it all on capital projects. A meeting with Finance Director Judy Mooney will be the basis of a decision on where to draw the line with free cash.

            McGrail told the board that Building Commissioner Scott Shippey has resigned effective January 14 to take on the same role in Foxborough. A 22-year employee, Shippey was a big help to the Bylaw Codification Committee, according to Hills. Resumes for the job are due in mid-January, but McGrail said a good candidate after the cutoff date would garner consideration. McGrail, Mooney and Select Board member Randy Parker will form the screening group.

            In other business, the Select Board voted to approve the agreement with Plymouth County to administer the ARPA federal reimbursement program. McGrail said Marion has five years to spend close to $2,000,000 in ARPA funds.

            The Select Board also voted to approve a storm-drain connection at 36 Main Street. Davis reported a revision to stipulate 6- inch pipe and a check valve upstream.

            The following water/sewer commitments were also approved: final readings of $3,785.04 (December 8, 2021) and $407.87 (December 20, 2021,) quarterly billing of $1,243.60 (December 13, 2021,) $1,274,047.56 (December 14, 2021,) $10,748.82 (December 17, 2021,) and $81.97; and $280 for a sewer reconnection (December 22, 2021.)

            The Marion Select Board will hold its quarterly meeting as water and sewer commissioners on Thursday, January 13, at 4:00 pm and will reconvene for its next regular Select Board meeting on Tuesday, January 18, at 6:00 pm.

Marion Select Board

By Mick Colageo

            Rochester Select Board member Woody Hartley reported during Monday night’s Select Board meeting that the Rochester Senior Center will be closed until January 18 due to the spike in COVID-19 cases.

            “A lot of cases in Rochester right now. Most seniors have been vaccinated, but this spreads so quickly and easily,” said Hartley, an active member at the Senior Center on Dexter Lane.

            Under New Business, Select Board member Paul Ciaburri reported that the tri-towns were “left out” of a state distribution of COVID-19 test kits and that the state Department of Public Health and the governor are due to address the matter on Thursday, January 6.

            In her Town Administrator’s Report, Suzanne Szyndlar said that the process to begin negotiations with Old Rochester Regional School District employees is underway. Teachers’ contracts expire on August 31.

            Hartley noted that all three of the tri-towns’ select boards have been represented by one selectman from each town so Marion and Mattapoisett have the same opportunity to do this.

            Szyndlar told the board members that she received a note from ORR Superintendent of Schools Mike Nelson indicating that a representative from Marion will be approved, citing the fact that Rochester provided the select board representative last time.

            Rochester is in the process of establishing a community agreement with a new waste-management company Waste Connections US Holdings, Inc.

            ORCTV recently delivered its official financial statement to the town, providing an inventory of equipment in an addendum for the purposes of its contract with the tri-towns.

            The Select Board voted to approve Town Planner Nancy Durfee as Rochester’s representative to the group that oversees the Assawompset Ponds Complex. Ciaburri, who had been representing the town up to this point, said Durfee is more qualified for the role and agreed to hand over the duties. The board voted its approval.

            The process for participation in the state’s Department of Public Utilities municipal aggregation plan is underway. Szyndlar told the board that when Rochester’s compliance filings are approved, the town can then field a competitive bid.

            Rochester will need to submit a signed form by April to take advantage of a recent bill allowing a zoning change to multifamily residential due to the town’s proximity to the MBTA. Considered one of 175 MBTA communities, the affected areas in Rochester would be reclassified as middle density, allowing up to 15 units per acre. Rochester has 2,105 total residential units.

            Szyndlar told the board that the town will need to define an overlay district. Failure to apply could cost the town some of its currently held permits.

            Select Board Chairman Brad Morse read a retirement citation in honor of Brian Ouellette, the retiring supervisor of maintenance and grounds at Rochester Memorial School.

            The board entered executive session for the purpose of discussing negotiations with nonunion personnel and did not return to public session.

            The next meeting of the Rochester Select Board is scheduled for Monday, January 24, at 6:00 pm.

Rochester Select Board

By Mick Colageo

            The proposed solar array planned for acreage off Randall Lane received an Order of Conditions during the December 27 meeting of the Mattapoisett Conservation Commission. Coming before the commission were Caroline Booth and Eric Las, whose only words on this night were “Thank you.”

            During the previous commission meeting, the public hearing was closed and the commissioners indicated they were prepared to draft an Order of Conditions. The draft, which was unanimously approved, was written by Environmental Agent Brandon Faneuf. In what was termed a “Standard Order of Conditions,” Faneuf asked that the commission add verbiage for one special condition that places operation and maintenance plans into perpetuity. “This requirement will outlive a Certificate of Compliance,” he explained.

            Commissioners Chapman Dickerson and David Lawrence both expressed concern over existing stone walls along River Road. Chairman Mike King said that the developer had committed monies to repair any damage but also that the matter is in the purview of the Planning Board. He said that at the start of construction there would be a flurry of activity followed by “nothing.” King also said that the developer’s resolve to do as has been promised in the event of an accident would be tested early on. “Something will happen … that’s why they call them accidents.”

            In other business, Jon Ruel received a Negative 2 determination for a Request for Determination of Applicability for the construction of a new drainage system and catch basin for property located at 8 Atkinson Way.

            Also receiving a negative decision for a filed RDA was Jeremy Kennefick, 5 Crestfield Street, for the construction of an irrigation system and associated well.

            A Certificate of Completion for work 90-percent complete was approved for lots owned by Chris Farland of Farland Corporation and located off Brandt Island Road. Faneuf stated that he felt the certificate was warranted after completing a site visit. King said he was happy Farland was taking over development of the subdivision with Farland himself saying, “I’m excited to get the project back on its feet.”

            The commission agreed it was time to turn up the volume on an Enforcement Order issued for property located at 13 Industrial Drive. King said the issue is unpermitted activities in jurisdictional areas. A response had yet to arrive months after a written order was sent to the unnamed property owners, King said. He said a new Enforcement Order should be sent with an end of January deadline for response.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Monday, January 10, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell