In sizing up the current state of COVID-19, the two practicing physicians on the Marion Board of Health, Chairman Dr. Ed Hoffer and Dr. John Howard, agreed on January 6 that it makes sense to get vaccinated.

            Hoffer estimated the current situation as “enormous growth in cases primarily due to the Omicron variant” with daily case counts in Massachusetts rising from 1,100 per day to 15,000 a day, the percent of tests positive rising from slightly under 2 percent to 22 percent. “At the same time, Omicron seems to be significantly less dangerous than previous variants in terms of people getting ill.”

            “My own feeling is we ought to encourage but not mandate mask usage,” said Hoffer, recommending the posting of signs on a business’s front door strongly suggesting a mask but stopping short of mandating them.

            Member Dot Brown noted that businesses can require a mask to enter, and Hoffer concurred, recalling the days of signs such as “no shoes, no shirt, no service.”

            Brown, however, believes the state will get back to a mask mandate for businesses. “I think the state will eventually get there. I’m willing to wait for the state to do it,” she said.

            Dr. John Howard agreed with Hoffer that the rate of serious cases is very low among the vaccinated. Hoffer said that the unvaccinated are roughly nine times as likely to be hospitalized in the intensive-care unit. While positive case counts are up 12-fold, said Hoffer, deaths are up approximately three-fold, and hospitalizations from three- to four-fold. “People who are not vaccinated still get sick and die. They made their bed and can lie in it, to be perfectly blunt.”

            Public Health Nurse Lori Desmarais said those who are vaccinated tend to exhibit none to mild symptoms, while a few of those she has seen who are not vaccinated have been hospitalized.

            Desmarais reported a total case count of 717 in Marion, 114 of which are active for a positivity rate of 6.74 percent. There were 45 cases in November and 165 in December. As of January 6, there were 55 so far in the New Year. The age groups dominating the positive testing results are ages 16-19, 30-49 and 50-64.

            In reporting on COVID-19 in Marion schools, Desmarais told the board that Sippican Elementary has five personnel (students or staff) in its Test and Stay program, 12 in quarantine, 15 positive tests in isolation and a total 80 cases since the start of the school year.

            At the junior high, 3 were in Test and Stay, 8 in quarantine, 20 positive tests in isolation and a total 46 cases since the start of school. At the high school, 3 were in Test and Stay, 9 in quarantine, 53 positive tests in isolation and a total 140 since school started. Tabor Academy students tested prior to their return to campus and on January 6 conducted full testing on campus.

            Marion has hosted five booster clinics so far at the Cushing Community Center and followed up with homebound visits; the town has administered 350 booster shots.

            Desmarais spoke to some infected people in their late 70s and early 80s, and all who are vaccinated reported mild symptoms and sought a test because of positive cases in their families. A positive is allowed to emerge from quarantine on Day 6, while wearing a mask when around others.

            Health Agent Ana Wimmer told the board that her husband tested positive, and as a close contact her ability to perform her duties has been limited.

            In reporting on the situation at 514 Front Street, Wimmer said the tenant called into the town last week about rats in the basement. Rodents, she said, are the occupant’s responsibility, not the manager’s, unless the tenant can prove that the rodent is the result of a breach in the building. The tenant found a few holes and patched them, according to Wimmer.

            Former Marion Health Agent Dave Flaherty said he would check up on the house. Pest control and a contractor have found defects in the basement of the house, and the tenant has a lawyer, according to Wimmer.

            Where it concerns the mold in the house, the Marion Board of Health cannot mandate anything, according to Wimmer. She said lawyers are now involved but that the town is working on updating the housing code.

            The next meeting of the Marion Board of Health was not scheduled at adjournment.

Marion Board of Health

By Mick Colageo

The Massachusetts Superior Court has ruled in favor of codefendants Nils Johnson/Vintage 13 LLC and the Mattapoisett Zoning Board of Appeals in a two-action civil suit brought by plaintiffs George and Maureen Butler.

            The Butlers had taken two civil actions against Vintage 13 LLC, aka The Inn on Shipyard Park, after the ZBA ruled in the Inn’s favor allowing repairs and modifications to the decaying building at 13 Water Street. The Butlers are abutters residing at 9 Water Street and own two lots to the west of the Inn, which is separated from the Butlers’ buildings by a 10-foot-wide driveway.

            “I have to find a contractor who isn’t too busy to bid the job,” said Johnson, noting that the Inn’s porch was an afterthought built in the 1970s and never meant to last for decades. Johnson took control of the Inn in 2012 and after leasing the property for less than two years, bought it.

            The ZBA’s decision granting a special permit includes a 3-foot increase in the building’s overall footprint to, as Johnson put it, “give people a little more space and making it safer for all.”

            Improvements, repairs and renovations will also include the second-story balcony space to “give the building more curb appeal and more accessibility to everyone,” said Johnson, who cited years of unrelenting weather making the planned repairs more urgent. In 2018, he added a rear vestibule at a cost of $16,000 meant to mitigate sound from live music.

            “We’re obviously disappointed with the result,” said attorney James Rosenblum of Brewster-based Senie & Associates, the Butlers’ representative, in an email to The Wanderer. “We felt we did a good job of getting evidence before the court that the sounds from the Inn are a lot more disturbing than they were in the 1960s era of Irving Bookstein.

            “We believe that the operations of the Inn have both exceeded their bounds as a prior nonconforming use and have constituted a nuisance, and we’re disappointed that the court did not find that. We have no comment on any appeal or posttrial motions at this time; we are still reviewing the decision.”

            The first civil action taken by the Butlers challenged the ZBA’s decision to award a special permit for repair and expansion of the Inn’s front porch.

            The second civil action sought judicial review of the ZBA’s denial of the Butlers’ petition to enforce Mattapoisett’s zoning bylaws that would have prohibited Johnson from operating the Inn as a nightclub to reduce maximum occupancy and to eliminate “obnoxious” noise. The civil suit also alleged that the Inn is a nuisance.

            A total of 23 witnesses and 47 exhibits were brought into the case.

            “Obviously it was nice to see that the town’s decision was upheld, that the ZBA was doing the right thing,” said Mattapoisett Town Administrator Mike Lorenco, who noted that the court pointed out that the Inn’s purpose has not changed in many years. “Now the Inn can make the needed improvements and continue to be the center of the village that people can enjoy – it’s a landmark.”

            Courts findings included information indicating that in Johnson’s ownership/management era, the Inn makes less noise and closes earlier than it had during the prior two owners’ eras. After tensions between the parties escalated in 2015, the Butlers hired Jeffrey Kornrower, a sound engineer, to measure the noise level coming from the Inn and made complaints about specific performers.

            The Inn did not play live music between the onset of the coronavirus pandemic and the trial.

            While an appeal remains possible, Lorenco hopes that in 2022 everyone will be good citizens working together amicably. “The town never wants to get in the middle of a dispute,” he said.

            Lorenco thanked former Director of Inspectional Services Andy Bobola for the years he worked on the case and former Police Chief Mary Lyons, whose department was often called upon to answer complaint calls during the dispute.

            The Butlers declined comment at this time.

            Among the oldest operating inns on the east coast, the Inn on Shipyard Park was built in 1799.

By Mick Colageo and Marilou Newell

The Mattapoisett Select Board spent the better part of its January 11 meeting discussing vacancies that have remained open for many months – a conservation agent and a town planner.

            Coming before the board were Janice Robbins and Nathan Ketchel of the Planning Board and Mike King and David Lawrence of the Conservation Commission.

            Town Administrator Mike Lorenco began the discussion saying that a part-time planner position had been offered but the applicant later withdrew acceptance. He said the concept of combining two part-time positions to create what is hoped to be a more attractive full-time offering was on the table.  

            Speaking on behalf of the Planning Board, Robbins said, “I have mixed feelings about a combined position.” She then went on to describe the difficulties the board had been experiencing even when a part-time planner had been on board. Robbins said that such projects as review and updating of zoning bylaws, review and updating of subdivision rules and regulations, seeking grants, and Master Plan development were all complex projects.

            “No one working part-time can do all of that,” said Robbins, who believes expanding the position to full time is needed. “We need a true planner.” She said that now with former Town Administrator Mike Gagne no longer assisting the board, “we can’t maintain the status quo.”

            Ketchel added his voice, saying, “I’m working about 10 hours a week using my personal time.” He said that in order to get minutes up to date, he’d have to watch months of video tapes.

            King was asked to share his thoughts on a shared, full-time staff employee. He said that the commission elected to bring in an environmental consultant whose work would be paid by applicants filing for permits. He confirmed that during the first three months there were a number of projects that needed a fair amount of clerical housekeeping, but that now things are working well.

            King suggested to the board that they take budgeted sums for a part-time agent and use them towards the hiring of a full-time planner. On more than one occasion he impressed upon the board how well things were working out for the town and the commission with a consulting agent.

            The board felt that a consultant was a short-term fix, that the town needs its own personnel handling conservation matters. But all agreed that filling part-time positions would continue to be a challenge, hence the concept of a 50-50 combination is something they wish to pursue.

            Collyer said, “We owe it to the taxpayer to try a combined role, it is long overdue.” He also asked Robbins and Ketchel to submit exactly the types of clerical assistance they need so that such assistance might be made available with current town hall staffing.

            In further discussion of the issue, Select Board member Tyler Macallister said that the vision is to have a director of Inspectional Services, a code-enforcement official that would work with the combined planner/agent. He said that having a hired consultant was “not the way it’s supposed to work.” Lawrence spoke up, saying, “But we don’t need help.” Macallister responded, “No, you do need help, the consultant is not the solution.”

            The board moved to advertise the combined position.

            The board also met with architect Stephen Kelleher and Highway Surveyor Garrett Bauer to discuss the status of plans for repairs and renovation for the Highway Department barn. Kelleher said that the project had been on hold for some months after coming in over budget. He said the plan, which was first conceived in 2018, was for a three-phase construction approach. Kelleher said that construction costs have soared, estimating the project now somewhere around $2,000,000.

            Both Kelleher and Baur asked the board to consider a single phase of construction with a seven-month construction period to get the work done.

            Lorenco said that various Town Meeting articles have been passed, appropriating money for needed work on the highway barn. He was asked to research funding sources while Kelleher was asked to prepare plans for bidding purposes. Collyer said that possibly a combination of free cash and bonds would make it possible to get the repairs completed.

            The board awarded a design contract to Childs Engineering of Bellingham for Long Wharf. The board, along with Harbormaster Jamie McIntosh and Chairman of the Marine Advisory Board Carlos DeSousa, were in agreement that Childs is the best pick for this preliminary phase of design work. The estimated cost for Childs Engineering is $257,477.

            Earlier in the proceedings, the board met with Attorney Matthew Thomas to discuss the final agreement between landowners and easements needed by the town along Acushnet Road. Such easements were needed during the construction of a new culvert across Acushnet Road. Four agreements covering three properties ranged from $216 to $1,332 for 164, 169 and 174 Acushnet Road.

            The board also met with Ray Andrews regarding noise complaints that have been lodged against groups renting the American Legion Hall located on Depot Street. Andrews said he met with members of the group who were asked to leave the residential neighborhood immediately after the closing of meetings versus congregating outside the building and that smoking on the grounds is not permitted. He said that follow-up meetings with the residents and the groups found matters resolved. The board thanked him for his time and attention in the matter.

            The next meeting of the Mattapoisett Select Board is scheduled for Tuesday, January 25, at 6:30 pm.

Mattapoisett Select Board

By Marilou Newell

It took months of preparation and hours of meetings and negotiations, but on January 4, the Massachusetts Bay Transportation Authority (MBTA) received an Order of Conditions from the Rochester Conservation Commission for the construction of a secondary access roadway, a retaining wall and various utility upgrades for property located at 45 Kings Highway.

            At a previous commission meeting, a draft order of conditions was drawn up. On this night, that document was reviewed in depth with comments offered by the town’s peer-review consultant, Scott Turner of Environmental Partners.

            The nearly hourlong meeting with members of the MBTA’s engineering group including Jon Niro of the BETA Group included several items of concern for the commission, primarily around the proposed use of 6-inch drainage pipes. Commissioner Daniel Gagne questioned the appropriateness of piping he considered inadequate for a 100-year storm.

            MBTA team members asserted that because of the shallow profile of the site due to the presence of existing railroad tracks, the smaller drainage pipes would be doubled up but not interfere with the existing transportation rails. Gagne was told that the MBTA uses three main documents for work on property that it owns. Those documents are the MassDOT Design Guidelines Manual, Massachusetts Storm Water Standards and DEP standards. It was also stated that these manuals reference a 10-year storm event versus a 100-year event.

            Chairman Chris Gerrior read off the 26 items contained in the Order of Conditions. Several were tweaked to the satisfaction of all, resulting in a unanimous vote.

            A Negative Determination of Applicability was granted to Industrial Tower and Wireless LLC for the construction of a 190-foot telecommunications tower located at 0 High Street.

            Norene Hartley’s request for a Certificate of Compliance for an Order of Conditions for the re-establishment of native plantings in jurisdictional areas of 90 Snows Pond Road was issued.

            Continued until January 18 were a Certificate of Compliance requested by Michael Santos for property located at 8 Tihonet Road and a Certificate of Compliance requested by Andrew Diagiammo and Donald Look for property located at 15 Elizabeth Drive.

            The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, January 18, at 7:00 pm.

Rochester Conservation Commission

By Marilou Newell

            The Marion Pathways Committee met on December 22 via Zoom to provide members an update of the bike path that in collaboration with the South Coast Bikeway Alliance will continue from the paved portion at the Mattapoisett town line and continue east to Point Road.

            In 2020, Marion submitted a 75-percent plan of its Shared Use Path to the MassDOT. In contrast to the 25-percent design plan and the 100 percent completed plan that has secured all permits, a 75 percent plan is, according to John Rockwell, “almost done” yet still a plan that the DOT sends back and enacts a Conflict/Resolution meeting.

            “Basically, you say, ‘Okay.’ They’re in the driver’s seat,” explained Rockwell.

            Three basic issues remain at the 75-percent point: Washburn Lane, Washburn Park Road and drainage at the influx of Baldwin Brothers and Brew Fish Restaurant.

            In displaying the path from the Mattapoisett town line to the Wareham town line from west to east, it follows Route 6 most of the way until it reaches Front Street, then it turns left and winds its way through Washburn Park, the old railroad bed and out to Point Road near Route 195.

            According to Rockwell, the DOT does not like to have cars on the same path as bikes and pedestrians. That comes into play for a 200-foot stretch where a steep decline is near the baseball field. The DOT suggested a retaining wall for that stretch, which Rockwell said is a good idea.

            To that end, he shared to the Zoom meeting images of areas of the course on his computer screen and color-coded them so that red lines showing the original plan are superseded in areas marked by green lines.

            Closer to Washburn Park, there is another 200-foot stretch where the original plan was to dig up the road and wind up in a shared-use situation. The revision is a much less wide path that will not be shared with cars. Rockwell playfully called Washburn Lane “Marion’s only divided highway.”

            The path snakes across Front Street and through the Brew Fish parking lot, Baldwin Brothers and the property owned by developer Sherman Briggs, but it will require some engineering to solve drainage concerns.

            In December, Rockwell held a site visit to that area with Mattapoisett-based Field Engineering, which is designing the path’s drainage. Realigning the path direction is another area of engineering.

            The next step is an easement plan and a dedication for bike-path purposes. “So we have to know exactly where this thing is going to go – survey-quality work,” said Rockwell.

            Federal funding complicates the matter of easements. “The appraisal costs more than the value of the easements,” explained Rockwell. “Some of them are very simple and some of them aren’t.”

            Rockwell estimates that 99.8 percent of the route is on town property, but a small piece of the pathway is on Jon Henry’s property so that also requires an easement. Henry, a former Marion selectman, currently serves on the Planning Board.

            The pathway also cuts through property owned by Todd Zell and Baldwin Brothers.

            Rockwell said that the affected property owners have been in the loop for four years, and there has been no discernible pushback. Actions required to secure the four or five easements take four months, according to Rockwell.

            Select Board member John Waterman suggested finding a local attorney to do the legwork on property titles because KP Law has been backed up of late, but Rockwell said the town’s go-to legal counsel has been in the loop.

            The majority that lies within town property still needs a dedication of usage which is a vote taken at Town Meeting.

            “This thing has gone on longer than I expected,” said Rockwell, who says that the concept of a bikeway goes back to a 1973 Conservation Commission meeting.

            February 6, 2023 is targeted as a start date for construction of the Marion stretch.

            Some of the engineering challenge, said Rockwell, has been the working within the flat framework of a railroad bed while at the same time trying to achieve inclines and declines that are prescribed highway design to avoid puddles.

            Jeff Oakes confirmed that the bike path had a “friends of” group 20 years ago, and there is still $500 in its account held by the town.

            Oakes reported that the effort to petition the MassDOT to move Marion’s bike path up from FY24 to FY23 was successful. “It would have been a year later had we not taken up that letter-writing campaign,” said Oakes, who contributes to the South Coast Bikeway Alliance website.

            His diplomacy work has resulted in significant fundraising, $5,000 of which has been dedicated toward Phase 2 of Marion’s path that will connect from Point Road to the Wareham section.

            The membership agreed to reconvene in June, but no date was set.

Marion Pathways Committee

By Mick Colageo