A coastal, residential proposal dating back to the fall of 2021 still seeks resolution after dialogue between a neighbor and the applicant took on a personal tone during the March 23 meeting of the Marion Conservation Commission.

            Applicants John and Pamela Lees filed a Notice of Intent for the reconstruction of a single-family house, including an inground swimming pool along with repair of a seawall, at 49 Water Street.

            The Lees’ proposal, including the latest revision presented on March 23, has been the object of passionate scrutiny, but some remarks were made outside the purview of the Conservation Commission. Pamela Lees said she had not planned on speaking at the meeting but felt it necessary to respond.

            Objecting to critical comments made by Judy Rosbe as to the applicants’ intentions, Lees pointed to her 25-year career as a general contractor including Mattapoisett-based projects such as the redesign of a nursing home into a day-care center. She said all of her projects have improved their neighborhoods.

            “This is very hurtful, actually. Everything that I’ve ever done and everything that we’re doing here is by the book,” said Lees. “If there’s changes we need to make, we will certainly make them. We are using an engineer (Dave Davignon of Schneider, Davignon & Leone Inc.) that most of our neighbors have used. Certainly, he would not present anything that he did not think was appropriate.”

            “Maybe we have to make changes here or there, but the personal attacks I can do without, and I think everyone can.”

            Ironically, Rosbe said that in contrast to a chorus of objections made by other abutters, she had sought out to take a neutral stance but later changed her mind when she arrived at the belief that the Lees do not care what the neighbors think. As a retired lawyer who practiced full-time for 30 years, Rosbe said she always thought that the best way to resolve disagreements was to sit down and talk it out, “but it looks like in this situation the applicants are just digging in …”

            Conservation Commission Chairman Shaun Walsh let Rosbe finish before reminding participants that the commission’s purview and authority is limited to ensuring proposals comply with the applicable performance standards imposed by the Wetlands Protection Act.

            Acknowledging that the public hearing was not about aesthetics, Rosbe said her efforts to get Water Street onto the national historic register are nearly complete, and that scenario would render the Lees’ proposal totally out of character with the rest of the neighborhood.

            Lees acknowledged meeting with Rosbe before the case became adversarial.

            “As a good neighbor, I was handed a book by Mrs. Rosbe and told, ‘Pick a style from that book and things will be fine,’ an email I’m sure she wouldn’t like to be shared,” said Lees. “We just want to build a house and be good neighbors. I think the personal attacks are not appropriate. We just want to build a house for our family. That’s all we want to do, and we want to do it the right way.”

            Lees called the proposal a shingle-style house that “happens to have a flat roof,” a feature she said has nothing to do with most of the people’s concerns.

            Rosbe had said she considers the Lees’ extensive spending on experts to be indicative of their stance to push forward irrespective of the neighbors’ concerns.

            Earlier in the public hearing, Davignon introduced a team available for questions on behalf of the applicant including Stan Humphries, coastal geologist from Environmental Consulting Restoration LLC; Bruce Jacobs, PhD in Environmental Engineering at MIT and a professional engineer; Wayne McArdle, a geotechnical consultant who holds a master’s degree from Northeastern University; along with professionals Glenn Wood; DJ Chagnen, landscape design and Steven Kelleher, architect.

            “It’s unfortunate, the reason why we had to spend the money is because people want to delay the project, and so we had to defend ourselves. That’s why all this money is being spent, because people didn’t like the design of the home and looked for a way to delay the project. That’s what’s happening here,” said Lees. “It’s happening to me, it’s going to happen to someone else down the line and someone else. It’s unfortunate that people can do that, but we have to go through the process now.

            “As far as I know, we live in America. As long as we follow the rules, stay in our lanes, we can build what we can build. We don’t have to have our neighbors telling us what color, what size, what shape. I would never think to tell someone else what they can do. That’s all I have to say. Thank you.”

            The literal focus of the public hearing was on the coastal-bank issue, to which objections had already been raised by other abutters in line with the authority and purview of the Conservation Commission.

            The town retained consultant Scott Horsley, whose October 21, 2021 letter identified three issues that Davignon and the rest of the Lees’ team sought to address.

            After McArdle sought clarification on soil issues brought up by Conservation Agent Doug Guey-Lee and commissioners Marc Bellanger and Emil Assing interacted with Davignon on details pertaining to erosion controls, Horsley said the recharge is higher than estimated by the applicant’s representatives and that it is “pretty clear” more structures are planned for the site.

            Referencing Section 310 CMR 10:30 (6) of the state Wetlands Protection Act, Horsley quoted a sentence that reads, “Any project on a coastal bank or within 100 feet landward of the top of such coastal bank … shall have no adverse effects on the stability of the coastal bank.”

            “That’s a pretty strong performance standard,” said Horsley. “It does not say, as other environmental regulations say, ‘shall minimize impact,’ says ‘it shall have no adverse (impact).’ So the presumption here is high, and the burden of proof is on the applicant to show, literally, no adverse impact.”

            He went onto site guidelines from Coastal Zone Management and suggested that the applicant’s proposal will add to four potential areas of destabilization including disturbance of vegetation, altering rates and direction of runoff and the flow of groundwater and adding weight that exceeds the coastal bank’s capacity. He said the omission of analysis of a series of dry wells much closer to the shoreline is a reason why his model shows higher impact than that of the applicant’s scientist.

            In summation, Horsley recommended expansion of analysis of groundwater mounding, to re-evaluate the applicant’s model of runoff and add a third-party review of geotechnical stability of the coastal bank based on added structures.

            Abutters were then given the floor.

            Andy Kendall, 39 Water Street, said he had several family members on the call who were present in Marion for Hurricane Bob in 1991. Acknowledging that the total square footage of impervious surface will decrease under the site plan, “the existing structure parallels the bank whereas the proposed structure parallels Water Street.” Kendall said that together with the swimming pool, the configuration concentrates a lot of the impervious structure at the south end of the property where Kendall abuts.

            “Our worry is, when you have a peak tide of 15 feet or a storm surge of 5 or 10 feet along with 7 inches of rain, our pier is completely under water, our basements are flooded, and if you think about the wave action and the velocity of the water up against the shoreline … I’m worried about where that water is going to go,” said Kendall, who asked the commissioners to consider all the recent construction in the context of an anticipated increase of frequency of stormwater events.

            Doug Crocker, 60 Water Street, clarified to the commission that he is not and never has been supportive of the project and wanted that included in the minutes after what he termed “an inaccurate statement that was made by the Lees’ architect.”

            David Croll said that the house proposed by the applicant is “two times” larger than anything on Water Street. “And it’s being fitted into a very constrained lot,” he said. “It almost goes from one end of the lot to the other end of the lot, which reflects (stormwater potential) Mr. Kendall was just worried about.

            “It will add considerable, additional weight to the coastal bank. The foundations called for here are 2-feet thick and very deep, and of course you’ll have the added weight of a second story … so we need to know how much additional weight.”

            Croll also disputed the application of FEMA mapping to the project and noted an island off the project site.

            Walsh said Horsley will be submitting additional information and asked Davignon if the Lees would accept a continuance to the commission’s next meeting on Wednesday, April 13, at 7:00 pm.

            Accordingly, Davignon requested a continuance and also asked the town’s representative to send any further requests through Conservation Agent Doug Guey-Lee. Davignon said the applicant will submit a revised plan ahead of the April 13 meeting to give all the stakeholders an opportunity to review it. Walsh said, “the sooner, the better” for the delivery, as the night before does not afford the commissioners or their conservation agent adequate time to prepare a response.

            In other business, Sippican Lands Trust filed a Request for Determination of Applicability to build a gazebo on the upland-marsh part of the property at the SLT’s Osprey Walk that is accessed at 354 Point Road. Guey-Lee called it “a modest project” in the buffer zone, and the hearing was closed. Assing proposed a Negative Box 3 determination of applicability, and the commissioners unanimously voted to support the SLT project.

            W. Dale Jones, 70 Register Road filed a Notice of Intent for the construction of a three-bedroom, single-family home, deck, driveway and septic system. The case was heard and continued to April 13 at 7:00 pm.

            The commissioners discussed the plan to eradicate phragmites at 121, 125 and 129 Converse Road with resident Alanna Nelson, who was advised of some homeowners who last year formed a group to successfully file with the commission with the same intent.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, April 13, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

            Following Monday night’s public hearing of and unanimous vote to recommend the proposed $7,646,778 Mattapoisett Schools operating budget for Fiscal Year 2023, three Mattapoisett School Committee members used the floor to “denounce” critical comments quoted from the March 24 Finance Committee meeting in an article that appeared on Page 12 of the March 31 Wanderer.

            “I wonder if some of the elected officials don’t get that good education costs money,” said School Committee member Carole Clifford, disputing characterizations of school spending as “money wasted” and a “money pit.”

            Clifford said there is “a lot of false information out there,” pointing to the assertion that Mattapoisett students cost an annual $22,000 to educate as opposed to $12,000 per student in other towns.

            While joining Clifford and Karin Barrows in denouncing the comments made during the Finance Committee meeting, School Committee member Carly Lavin suggested that the state Department of Elementary and Secondary Education (DESE) website’s financial information was misinterpreted due to a $9,000,000 threshold that triggers steeper costs. “There is nothing here that is close to $9,000,000,” she said.

            The FY23 budget proposed by Old Rochester Regional Assistant Superintendent of Finance and Operations Howie Barber constitutes a 1.8-percent increase over the FY22 figure, 2 percent for Center and Old Hammondtown elementary schools.

            “With the cost of inflation alone, it’s remarkable that the budget hasn’t increased more,” said School Committee member Tiffini Reedy.

            The cooler heads belonged to ORR Superintendent of Schools Mike Nelson and Mattapoisett School Committee Chairman Jim Muse, who both applauded the support of the committee members but at the same time expressed optimism that ORR administration and the town can reach an agreement on the FY23 budget.

            “The big point here is there are ongoing conversations with our stakeholders,” said Nelson.

            “We have been extremely transparent this year as we always are. … as we’ve done for the past 10 years that I’ve been on this committee. I look forward to the town working with us and Mr. Nelson,” said Muse. “We’ve got a very reasonable budget. … We hope that the citizens of the town will agree with us that we should continue to deliver fantastic education.

            “We would hope to have the support of all the other committees and officials in the town. … That’s why we go to great pains to deliver all kinds of information. … At the end of the day, it’s the people of Mattapoisett that vote on this budget.”

            The $111,736 assessment from Bristol County Agricultural High School is down from the FY22 figure of $126,747 due to the attendance of one fewer student next school year.

            No members of the public took the opportunity to comment, and the public hearing was closed followed by the vote to recommend the budget.

            Nelson publicly thanked Muse and Lavin for their work on the Budget Subcommittee.

            A second vote recommended the committee’s use of $70,000 in FY23 school choice tuition as seen fit. School Choice will become the subject of a vote at the next Mattapoisett School Committee meeting.

            During the Open Comment segment of the meeting, Old Hammondtown Grade 6 teacher Sara Jacobsen questioned the town’s acceptance of public education at a time when the schools are being asked to do much more.

            “The role of school has changed enormously over the past decade,” said Jacobsen, noting the Covid-19 pandemic and increased costs. “There seems to be a disconnect here between what we ask the schools to be and what we’re willing to fund. … We’d love to offer as much clarity as possible … come together so that people can understand … and avoid some of the demoralizing print that we saw earlier.”

            The Anti-Racism Sub-Committee will have a new name, the “Equity Subcommittee,” after the Mattapoisett School Committee unanimously voted to accept the recommendation of the subcommittee, which has been working with an expanded staff including outside consultation.

            ORR Director of Student Services Craig Davidson says that the subcommittee has been through a lot of change since its first meeting on October 5, 2020. He explained to the membership that with the growth, it has spent the last 18 months reconsidering the subcommittee’s vision and process and arrived at the new title to reflect its evolving emphasis on the celebration of equity and inclusion.

            Tri-Town Against Racism, he said, was represented on the subcommittee, was involved in the process and is behind the name change.

            In his Financial Report, Barber told the School Committee that just under $380,000 remains of unencumbered funds that he expects will be spent. He also said he is still in the process of evaluating grant funding and other sources.

            In his Chairperson’s Report, Muse reiterated his belief that the ORR School District and the town will reach a FY23 budget agreement. “(Education in Mattapoisett) continues to be fantastic, and it only occurs due to hard work. It is appreciated that the Town of Mattapoisett has always supported us in doing that,” he said.

            Muse was also thrilled that Kevin Tavares will stay in the system as principal at Old Hammondtown in the wake of Rose Bowman’s impending retirement. Of Tavares, Muse said, “He was a fantastic teacher at Old Hammondtown, we’re fortunate we’ve had him and more fortunate he’s agreed to stay on.”

            In the Central Office Report, Nelson noted that the open principal position at Center School will soon be closed to applications, then begins the process of screening, interviewing and then the committee’s meeting with the finalists.

            Assistant Superintendent of Teaching and Learning Jannell Pearson-Campbell updated the committee on parent events and said ORR is in the process of creating its professional development plan for the 2022-23 academic year.

            Davidson highlighted transition meetings for students to the junior high and announced a community talk series that will resume on Tuesday, April 12, featuring Dr. Jesse W. Jackson III. Parents will hear him discuss how to speak to their children about racial incidents at school.

            In the Principal’s report, Old Hammondtown has been using March Madness as the theme to its literacy project, counting down from a “sweet 16” picture books that broaden horizons down to an “elite eight” and so on.

            A High Five Friday will be held on April 29, as the Mattapoisett Police Department will send officers to Mattapoisett elementary schools, where they will walk the hallways and enjoy lunch with the students.

            The committee entered executive session and returned only to adjourn. The next meeting of the Mattapoisett School Committee is scheduled for Monday, May 16, and the next meeting of the Joint School Committee will be held on Thursday, April 28. Both meetings are to start at 6:30 pm.

Mattapoisett School Committee

By Mick Colageo

            Old Landing is an attractive little park and draws new interest for varying usage, but recent conversation with Demi Barros and Helen Westergard led Marion Town Administrator Jay McGrail to propose the installation of a plaque commemorating the Veterans Memorial at the Front Street site.

            In meeting with Barros and Westerguard, two members of the original committee, McGrail told Monday night’s meeting of the Select Board, “I learned a lot.” Describing “blood, sweat and tears” that went into a 1980s effort to make the park the beautiful site it is now, McGrail said, “What it is today is a phenomenal part of our community.”

            Events at Old Landing, he said, have kept alive the spirit of the park originally created as a memorial to veterans, “but if we don’t memorialize the work that they did …” Thus, a new plaque will be stationed at the entrance, memorializing the committee and the intent of the park. “So long after all of us, everyone in this room, there’s no question,” as to the identity of the park.

            Barros suggested placing the plaque on the existing stone post between the World War I Memorial and Front Street.

            A draft of the suggested contents is titled: Veterans Memorial Park, Marion, Massachusetts, and reads: Developed from 1981 through 1984 by Committee Members Belmiro J. Barros, Jr., Chairman; Helen G. Westergard, Secretary & Treasurer; Warren L. Washburn; Charles Packard, VFW Post 2425 Commander; Christopher Taft. Board of Selectmen: Joseph P. Zora; Betsy Parks; David Johns. In order that our veterans might be remembered in perpetuity.

            Old Landing will once again host Marion’s Memorial Day Remembrances and will be the finish of a procession that begins at the Music Hall on Monday, May 30.

            The Select Board acknowledged receipt of a memo from the Energy Management Committee regarding its interests in redefining its scope and name change to include climate and/or resiliency. After discussing the matter individually with each of the three Select Board members, McGrail reported to Monday’s meeting that there was unanimous agreement on one aspect and that was to take the memo under advisement and put more thought into a response.

            The EMC’s request to restore Jennifer Francis as a full voting member also hit a snag. Her inclusion will make even the number of voting members, a less-than-ideal circumstance. McGrail clarified that the board hopes Francis can be on the committee with full voting privileges but needs further discussion with the EMC to determine any other potential pathways toward that goal outside of just adding her to the roster. As of now, there are five full members, one alternate and one open spot. McGrail told the board he will discuss the matter with EMC Chairman Christian Ingerslev.

            The Select Board voted to close the warrant for the May 9 Annual Town Meeting, which will consist of 46 articles, a special Town Meeting within the regular Town Meeting including two articles. There is also one ballot question that citizens will vote on.

            Marion will host a “Pre-Town Meeting” informational meeting on Wednesday, April 27, at 6:00 pm via Zoom. This year’s warrant will include the Capital Improvements Planning Committee report for the first time, and Article 9 will ask voters to approve a capital plan rather than each individual capital article.

            The board also voted to ratify the decision and execute the agreement of the recent dog complaint, as proposed by Town Counsel Jon Witten.

            RaceWire will manage a road race that the organization hopes can be held on Mother’s Day, May 8. Up to 200 runners are expected for a 5k race. The board voted its approval for requested road closures including an alternate date of Sunday, May 15. The applicant was advised to contact Marion Police regarding a detail.

            In his Town Administrator’s Report, McGrail filled up the town calendar of events, beginning with a second open house of the existing and proposed Department of Public Works facilities on Saturday, April 9, beginning at 10:00 am at the Highway Garage on Route 6.

            A van will be available to bring attendees across Route 6 to check out the proposed site on Benson Brook Road. Breakfast will be available.

            McGrail said the town is working with architect Will Saltonstall on a potential plan for solar energy on the new DPW roof and a video presentation is planned for the May 9 Town Meeting. ORCTV, meanwhile, has worked with Harbormaster Isaac Perry to produce a video explaining the Maritime Center proposal.

            The Annual Town Meeting will be held on Monday, May 9, at 6:45 pm at Sippican Elementary School, and the Annual Town Election will be held on Friday, May 13, at the Cushing Community Center.

            In light of Onset’s cancelation, Marion expects a crowd for this year’s fireworks scheduled for Friday, July 1. Marion’s Independence Day Parade will be held on Monday, July 4, on the traditional route. The Annual Marion Town Party will be held on Saturday, August 27, at Silvershell Beach.

            Spring-season hydrant flushing is scheduled to begin on Tuesday, April 19, and completed by June 15. Annual water restrictions are scheduled for June 15 to September 15. McGrail said that without the restriction, Marion would run the risk of exceeding its water withdrawal limit. The board voted to approve the restriction.

            The board voted to sign the Arbor Day proclamation for April 30 per the Tree Committee’s annual request.

            McGrail also noted that the town’s street sweeper is broken but will be fixed next week.

            Under action items, the board also voted to approve five Water/Sewer commitments of: $1,097,171.33 (quarterly billing March 15); $11,563.96 (quarterly billing March 14); $1,234.08 (quarterly billing March 11); $403.15 (final readings March 24) and $1,238.35 (final readings March 30.)

            The next meeting of the Marion Select Board is scheduled for Tuesday, April 26, at 6:00 pm at the Music Hall.

Marion Select Board

By Mick Colageo