A Special Permit was approved for a very large, stand-alone garage when the Mattapoisett Zoning Board of Appeals met on April 21. Seated to hear the single case on this night’s agenda were Chairman Susan Akin, Kenneth Pacheco, Colby Rottler and Jordan Rodrigues.

            Coming before the board and representing his client Tracey White was David Davignon of Schneider, Davignon & Leone Inc. Davignon described the proposed project. The lot located at 70 Aucoot Road is, “…like a long bowling alley, 90 feet wide and 1.8 acres.”

            Davignon said that the garage, an access building, will have four bays and will be used to store boats, recreation vehicles, cars and a residential tractor. The construction of the single-story building is planned on an existing pea stone driveway, he said.

            The Special Permit is needed due to the size of the structure. Zoning requires that accessory buildings cover no more than 864 square feet. White’s plan calls for his accessory building to be double that size. Davignon assured the board that the lot coverage would be a mere 4 percent. He also said that there would not be any grading or fill used on the project and that FEMA performance standards would be met, given the project is in the Flood Zone.

            After closing the public meeting to comments and or questions of which there were none, Rottler said, “It’s probably bigger than what we’d allow, but no abutters commented.” He also noted the building would not be visible from the road.

            The Special Permit was unanimously approved. The next meeting of the Mattapoisett Zoning Board of Appeals was not scheduled upon adjournment.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

The Town of Marion approved its newest Master Plan in 2017, but only now is it closing in on finalizing the open space and recreation part of that document.

            The draft Open Space and Recreation plan includes juicy possibilities such as installing sidewalks and shared paths on Front Street, Point Road, Delano Road, the village area and Route 6, upgrading River Road behind the former Stone Rooster and building canoe and kayak launches at River Road beach, Boatyard Park and the Sippican River at Ichabod Lane.

            Thanks to the shutdowns caused by the pandemic; however, the Stewards of Community Open Space whose members represent locally based entities with a vested interest in Marion’s open-space future, such as the Sippican Lands Trust and the Marion Open Space Acquisition Commission, have had to delay reviewing the 2017 draft Open Space and Recreation plan with the above ideas until this year.

            The Stewards most recently met on April 21 to review the last seven pages of recommendations. The meeting revealed the aforementioned plans as the committee reviewed which town department will be responsible for implementing each task.

            Stewards (and Select Board) Chairman Norm Hills explained after the meeting that the town’s last Open Space and Recreation Plan was approved in 2005. It is a state requirement that the town approve an updated one now, he said. “We started this process before COVID and the shutdowns began,” he explained. “Now we are picking up the ball again.”

            Nothing within the plan right now is in its final form, he cautioned. The committee will be discussing the draft further, then presenting it in public meetings before it is finally approved.

            The draft plan’s other possibilities include a beach nourishment plan at the Planting Island causeway, a comprehensive management plan for Holmes Woods, upgrades to the tennis courts at Sippican School and a comprehensive review of bylaws and conservation restriction holdings.

            The committee scheduled its next, Zoom-only meeting for Thursday, May 19, at 7:00 p.m.

Marion Stewards of Community Open Space

By Michael J. DeCicco

            The recent resignation of Marion Health Agent Ana Wimmer, acknowledged during the April 21 public meeting of the Marion Board of Health, has its members seeking a full-time appointment to what has been a very busy part-time job.

            Board of Health Chairperson Dot Brown said one of the problems was the challenge of trying to “shoe-horn” a full-time job into shorter hours. Between recent property condemnations and ongoing issues relating to the pandemic, Brown and fellow members Dr. Ed Hoffer and Dr. John Howard agreed the health agent is a full-time job and needs to become a full-time position.

            Hoffer alluded to a “sizable chunk of money over the opioid settlement,” some $8,100 due the town over a number of years that the board could request be applied to a full-time health agent’s salary.

            “I’ve been arguing for it from the beginning,” said Brown. “We needed help that way, especially in the middle of a pandemic. We’ll keep working on that.”

            It was agreed that Public Health Director/Nurse Lori Desmarais would pursue the matter with Town Administrator Jay McGrail.

            Amidst concerns over the town losing another health agent, longtime Marion property developer Sherman Briggs requested that Wimmer’s resignation letter be read into the public record. Brown indicated intentions to consult with Town Counsel on the matter.

            In a public hearing, applicants James and Cathy Tripp, 6 Derby Lane, were denied a variance to Marion’s regulation requiring denitrification technology in any new septic construction in town.

            Representing the Tripps, Dave Davignon of Schneider, Davignon & Leone Inc. sought a waiver of the regulation that necessitates they remove an existing tank that Davignon estimates has only been in use for 35 percent of its useful life. The system sits 800 feet from the nearest water body and 285 feet from the nearest wetland.

            “The bylaw is fairly specific and doesn’t really talk about whether something is near water … just when the system fails,” said Hoffer. “I think we’re getting into a slippery slope.”

            Brown suggested that Davignon’s proposal “seems like a mean thing to do when a house is for sale.” Davignon explained that the life of concrete tanks is approximately 40 years and that there is no neglect to the tank. The associated leaching field will be removed and be replaced. Davignon said the fast system sits 5 feet above the water table and that a sand filter below the leaching field is “pretty equivalent” to what Marion’s regulation requires.

            “It just seems to be pure overkill,” he said of the regulation as it applies to this property.

            While Davignon attempted to reason that one size should not fit all properties where it concerns justifiable expense to meet the intentions of the town’s septic regulations, Brown pointed out that the bylaw is the same everywhere in Marion, calling it “overkill is some places, not in others.”

            “I respectfully disagree that a property that borders Aucoot Cove or Sippican Harbor or within 100 feet of a stream is equivalent,” said Davignon.

            The board voted to deny the variance and require the I/A system.

            In her Public Health Director/Nurse update, Desmarais discussed inspection and compliance checks on retail tobacco sales.

            If a Desist Order for Tobacco is issued to a retail shop in town, the Board of Health would decide if that merchant’s permit is rescinded and for how many days. Hoffer suggested dealing with the matter on a case-by-case basis. The board voted to issue a one-to-seven-day suspension for violating a retailers’ permit for each of the first two violations and from seven to 30 days on a third violation.

            The board found acceptable a proposed tobacco retailer attestation preventing youth tobacco sales via an employee agreement and the stipulation that establishments limit their sales to unflavored tobacco. Desmarais also told the board she has been gleaning information from surrounding towns as she works toward an application for tobacco permits.

            In her Covid-19 Update, Desmarais reported that Marion has had 1,191 Covid cases altogether, 31 of which were active as of the board’s April 21 public meeting. Marion had 40 active cases in February, 24 in March and 41 in April (through April 21.)

            Of the 41 active cases, 29 of those were at Sippican Health Care facility. Old Rochester Regional School District was on spring break, while Tabor Academy showed seven positive tests and 182 cases overall as of April 11-17.

            Marion held a COVID vaccine booster clinic on April 21 when 24 second boosters (Pfizer) were administered. A Moderna booster clinic was scheduled for April 22 at Cushing Community Center. Desmarais reported 30 more people on the booster wait list.

            MDPH/MHOA funding to enhance COVID-19 public-health response: Marion offered $7,250 in funding to enhance COVID-19 response via vaccinations, testing and tracing. The board voted to authorize Desmarais to sign the letter.

            The federal government has extended the expiration dates of iHeart tests from July to October 10.

            The board has contracted Village Signs at a rate of $85 per sign to update Marion’s beach signs which were missing some information.

            Desmarais also delivered a Health Agent update, noting several properties in various stages of correspondence.

            In the case of 464 Front Street, a lack of correspondence following an inspection visit by an animal officer and Wimmer caused Hoffer to suggest the years-old problem at the address may require an order to demolish. “If they don’t respond and don’t allow, I’d say maybe one more registered letter saying this is their final warning. We need to get in and could have to declare it uninhabitable,” he said.

            Desmarais reported that an inspection was conducted at 514 Front Street, where she recommended the town dissolves the matter as all violations appear to have been corrected.

            The board has no issues with Desmarais’ FY22 March Expense Report.

            The Zoom-only meeting abruptly ended at the one-hour mark so the board had no opportunity to publicly adjourn or set the date of the next Board of Health meeting, but on Tuesday the town set a special meeting for Thursday, April 28, at 3:00 pm.

            The agenda includes the variance requested for 6 Derby Lane, the closing of the April 21 public meeting and discussion about the health agent position and job posting.

Marion Board of Health

By Mick Colageo