Dustan McGlinn admitted he made multiple mistakes in building a deck that blatantly violates property-line setbacks, but he dug in hard before the Marion Zoning Board of Appeals to dispute the emerging narrative that he operated on the theory that it’s better to apologize than it is to ask for permission.

            “I apologize if that’s the way it seems, but that’s just not the case,” said McGlinn during the December 9 continued public hearing.

            Already complicated, Case No. 797 took on another dimension on November 4 when McGlinn, who is still the applicant for a variance, sold his 20 Beach Street house to Steven and Heidi Nye.

            ZBA Chair Cynthia Callow was admittedly stymied by the series of events that placed McGlinn back before the board seeking forgiveness. “I have no idea why a permit was not pulled,” said Callow, noting that the abutter directly behind the house “doesn’t even see the deck.” Callow further stated that had such an application come before the ZBA prior to construction, “it would have been a five-minute meeting.”

            ZBA member Margie Baldwin concurred and added that it’s not fair to punish the new owners of the home.

            Steven and Heidi Nye were present on the December 9 Zoom call and stated that they bought the house for their daughter Jessica Nye and that the deck as built was a selling point because of the small yard.

            The variance from Section 230-5.1 of Marion’s zoning bylaws seeks allowance of an existing, nonconforming deck to remain in place despite its construction without Building Department permission, Conservation Commission vetting (because the property sits in the flood zone) or ZBA approval.

            The three-pronged violation, especially coming in the wake of multiple communiques with the town dating back to August 17, was a hard sell.

            “I want to let Mr. McGlinn know that it was pretty bad what he did here,” said Callow.

            McGlinn, who described himself as a Marine Corp veteran and a firefighter, blamed his missteps on ignorance and insists he did not intend to ignore communication from Building Commissioner Scott Shippey or violate regulations.

            Callow prepared a response and bounced it off Town Counsel Jon Witten. “Any way we can open up a new permit (application) or continue and ask the new owners to buy a little part of land from the abutters to meet the setbacks?” Callow asked.

            Impressed with the idea, Witten said that would work “if it can be done on the ground,” meaning if the Nyes and their abutter(s) could strike a deal.

            Steve Nye said he is amendable to a land acquisition. “I get it, I’m in the building industry, and I get it. We can’t let people run amok with what they’re doing.”

            Given her opportunity to address the board, abutter Veronica Williams, 122 Wareham Road, expressed outrage at the unpermitted construction and asserted that the deck invades her property, but McGlinn disputed the fact.

            “We’re trying to remove Dustan from the situation now that we’re the new owners. I totally understand the legality of this,” said Heidi Nye, who asked the ZBA for a 12-month period to formulate a Plan B in the event the board rules against McGlinn’s application for the variance. She acknowledged a potential land purchase and adjusting the deck to the setback requirements.

            While acknowledging Covid and weather-related delays in construction, Witten advised against granting the Nyes a full year to address the problem. “Because it’s an illegal deck, the board cannot be party to looking the other way; 12 months may be taken as looking the other way,” said Witten, who suggested a month for the parties to work out a solution.

            The board heeded his advice.

            In voting to continue the public hearing to January 27, Callow said “no construction or engineering is going to happen right away.”

            ZBA member Will Tifft was the lone dissenting vote against the continuance. ZBA member Dana Nilson recused himself from participation in judging the case so Callow replaced him on the voting roster with associate member Dannie Engwert.

            After substantial deliberation, the ZBA voted to grant Mark McKenzie a special permit under Section 230-5.2b of Marion’s bylaws to allow the division of an existing lot with two homes, contingent on specifically located water and sewer connections.

            The resulting two lots at 3 and 12 Taunton Avenue date back to 1947 with the building of the first of the two houses on the property. The more recent house was built in 1986 and an unattached garage added in 2001.

            According to both the town and McKenzie’s representative, Bill Madden of G.A.F. Engineering, the lots could have been divided by right and without the vetting of the ZBA had the lot sizes and frontage been divided equally. But an unattached garage and a piece of a driveway overlap with what would be the property line and necessitated the special permit.

            “A portion of one of the lots would intersect the driveway and require easements. It didn’t really make a lot of sense to divide them that way,” explained Madden to the board, noting that the effort in the petition is to “create two lots that are created most-nearly equal.”

            The resultant lots are uniformly shaped, Lot 265-A measuring 211.47 feet of frontage and 15,276 in total square feet and Lot 265-B measuring 241 feet of frontage and 15,898 in total square feet.

            “It doesn’t make sense to have a property line at the garage … I think they’ve done a pretty good job … I think the hardship is the location of those buildings,” said Nilson, recommending the board’s approval of the application.

            As Shippey explained to the board and confirmed by McKenzie, the houses are connected on one municipal service line, and then one feeds the other. McKenzie said he had already addressed the matter with the Water/Sewer department and assured the ZBA that there is no problem fixing the connection.

            As conditioned in the special permit, the lot at 3 Taunton Avenue will connect to services via Converse Road, and the lot at 12 Taunton Avenue will revert to its prior connection. Shippey said that there will be connection fees associated with the rearrangement through the DPW.

            In answer to Baldwin’s question, McKenzie confirmed the intention to sell both properties to settle the estate.

            Two members of the public spoke, Barry Gaffey, 22 Converse Road, in support, and Sharon Levine, 8 Taunton Avenue, who expressed concern over lack of notification.

            Board administrator Anne Marie Tobia told the board she mails to all abutters within 300 feet. Levine said no one on Taunton Avenue was notifie, and all have forwarding mail service. McKenzie said that unless residents notify the post office on an annual basis, their mail will not be forwarded. Tobia reiterated the fact of her effort.

            The next meeting of the Marion ZBA is scheduled for Thursday, January 13, at 6:30 pm.

Marion Zoning Board of Appeals

By Mick Colageo

It’s official, well nearly official that Mattapoisett has become a two-precinct town – again.

            During its December 14 meeting, the Mattapoisett Select Board met with Town Clerk Catherine Heuberger to approve the precincts’ layout. The deadline for submitting the required paperwork to the state officials was December 15, causing Heuberger to say, “I’ll be running up to Boston tomorrow.”

            Regarding what voters can expect when going to the polls, Heuberger said little would change; there would be one polling location, Old Hammondtown School, and voting will be held at the same time for both precincts. Check-in will be slightly modified with tables for each precinct.

            But this isn’t the first time Mattapoisett’s population count required more than one precinct. “Between 2000 and 2010 there were two,” Heuberger stated. “I don’t think this is going away, but it comes down to the state.”

            When her office was first notified by state election officials that the town’s population had sufficiently grown to the point of needing two precincts, Heuberger sought to have the town remain a single precinct but was advised two would be required. A new voting machine has been purchased, she said.

            So what are the two precincts? “Most of the village and most of the area east of North Street,” will be one precinct, Heuberger said, and “most of everything west of North Street,” will be the other precinct. North Street is not a strict line of demarcation, however. A map of the precincts is available on the town’s website, Mattapoisett.net.

            Earlier in the meeting, Tri-Town Veterans Agent Chris Gerrior presented 38-year VFW Florence Eastman Post 280 member and Veteran George Randall with a letter of appreciation and a small gift. In acknowledging Randall’s military record, Gerrior said, “This is a chance for town leadership and the town as a whole to know the veterans in their community and to know what veterans do in their community.” He said he wants to rekindle this tradition.

            Gerrior said Randall is the “most senior” member of the Legion and well known for his renditions of the Gettysburg Address. “But before he was those things, he was a Machinist Mate Third Class in the United States Navy serving aboard the USS Robert H. McCard.” The vessel was a destroyer of the type nicknamed “tin cans.” Randall served from 1950 to 1954. “After the Navy, George then returned back home and worked on the family farm.”

            Gerrior also noted Randall’s service to the town as a selectman. Before closing out the brief ceremony, Gerrior handed Randall his Tin Can Sailor vest that Gerrior noted had been sewn “by Mrs. Gaspar.”

            Other matters handled on this night included the issuance of various licenses. The Select Board approved permits and or licenses for four liquor stores, a lodging business, eight automobile dealerships and 13 common victualers (food, all alcohol and entertainment for nearly all.)

            The board also appointed Van Cantor and Eric Beauregard to the Marine Advisory Board.

            A group of unidentified residents of Green Bough Drive were in attendance and asked the board to help them get roadway services returned to their private road. They said that for the past 30 years the town had been maintaining the road but since Barry Denham’s retirement nothing has been done. They said they had never wanted a private road. Town Administrator Mike Lorenco said he would research the matter with the Planning Board and explained that there was a process for having a roadway accepted as a town way.

            Select Board member Tyler Macallister told the group that there are costs associated with having the town maintain a private road, primarily materials, with the town providing the labor and equipment. Lorenco said their application for roadway maintenance would be taken up at the next board meeting.

            The annual holiday tree lighting is planned for Shipyard Park on Saturday, December 18, at 5:00 pm. There will also be a swearing in ceremony on December 16 at 5:00 pm in the new fire station for incoming Police Chief Jason King.

            The next meeting of the Mattapoisett Select Board is scheduled for Tuesday, December 28, at 6:30 pm.

Mattapoisett Select Board

By Marilou Newell

            Of Marion Facilities Manager Shaun Cormier’s three requests for FY23 funding to the Capital Improvement Planning Committee on December 1, $124,000 for a Town House sprinkler system is the largest and the one that will unlock the door to completion of all inside renovation work.

            The project would include architectural engineering design bid documents for a wet-dry fire-suppression system for all four levels of the building and first-floor ADA compliance.

            Construction cost, said Cormier, would exceed $1,000,000.

            The $124,000 estimate for the capital project was based on information received from T2 Engineering.

            “(The estimate) feels kind of heavy for the previous work they’ve done and the knowledge they have,” said Cormier, who nonetheless stressed the point that Marion can go no further with the Town House until these issues are resolved.

            Select Board member John Waterman said, “We need to have some competition.”

            “We’ll do sealed bids for this one,” said Town Administrator Jay McGrail, concurring that ADA compliance is a necessary next step. “We made a significant investment in the Town House, we’ve invested public and private money.”

            “We’re proud of this building and we want to save it. There’s nothing there now, there’s no fire suppression there now.”

            CIPC Chairman Paul Naiman asked if Community Preservation Act funds could become involved. McGrail said no. While grant funds are a possibility for ADA compliance where it concerns construction inasmuch as the project can be tied to historical restoration, design cannot come from those CPA funds.

            McGrail estimated that ideally the construction would cost $1,500,000 and could be phased in over time.

            “The problem is always asbestos. Every time we try to do any phasing, Shaun hits me with the reality of asbestos,” said McGrail. “We’re going to try to do what we can.”

            Alluding to some mixture of CPA funding and free cash, Cormier said, “The remainder of the renovation work will never raise tax dollars, it’ll all be done with free cash.”

            No other construction can be done without doing this work, according to Cormier.

            “If this is what’s left to be funded to get the whole first floor ADA compliant, air conditioned, cooled … if $1,500,000 to get all this done and the rest in house, that’s a success,” said McGrail.

            The other two requests will fund renovations to the Cushing Community Center and the Wastewater Treatment Plant.

            Cormier requested $43,000 to fund the replacement of the vent hood and install a smaller hood using an Ansul brand, built-in fire-extinguishing system over the cooking area at the Community Center. The project includes vent ductwork and make-up air and will achieve fire-code compliance.

            The roof at the Wastewater Treatment Plant is 17-18 years old, and according to Cormier has been failing over the past year, along with the skylights.

            A $24,000 request has been made to replace both the asphalt roof and skylights including labor and materials, but there was debate among CIPC members whether the skylights are necessary. The concrete-block structure has no other source of outside light.

            CIPC member Casimiro Barros asked if the skylights are for convenience, ambience or are they necessary to conduct work.

            “Is it critical? Probably not,” conceded Cormier, estimating the asphalt roof costs approximately $17,000 to replace by itself.

            McGrail said he would ask DPW Director Nathaniel Munafo about the skylights. “There’s nothing fancy about that building,” said McGrail.

            Barros and Cormier agreed that if the skylights are replaced, they need to be taken care of prior to the roof replacement.

            The CIPC agreed to strike the skylights from the request.

            In the Facilities Department’s 10-year plan, Cormier moved storm-drainage repair at the Music Hall from FY23 to FY25. The CIPC debated which year the placeholder should fall for construction at the Town House to make the building ADA compliant.

            There are $120,000 placeholders for a new roof for the Cushing Community Center (FY24) and reconfiguration of space in the town hall Annex building (FY25.)

            Beyond that, two projects loom at the building used primarily by the Council on Aging: a new main-area floor and new windows for FY25 and potentially a gender-neutral bathroom.

            While window replacement was originally sought by COA Director Karen Gregory, McGrail’s belief is that Cormier can make those upgrades an in-house project.

            The gender-neutral bathroom was substantially discussed because on one hand, the reason Gregory is pushing for it is compelling as it involves seniors, most-notably couples who offer their spouses assistance. Under the present situation, they cannot do so.

            The complication is with the building itself. Because of the existing layout, situating such an addition could be very costly to the tune of $100,000, a number Waterman considers prohibitive.

            On October 20, Chief of Police Richard Nighelli went before the CIPC to request $170,706 in funding for a new digital communications system to replace the analog system that has been in place many years.

            The prices associated with the project are set by statewide contracts according to Nighelli who anticipates a fall completion of the project pending timely delivery of the new equipment.

            “Several years ago, we started to lose coverage and quality when the Federal Communications Commission (FCC) required to switch from wide band to narrow band for analog. Because of that requirement we began to purchase digital capable radios as we looked to the future for a digital conversion,” Nighelli explained in an email to The Wanderer.

            McGrail said, while he’s comfortable with the amount requested, he told the CIPC that he doesn’t understand why the switch to digital is critical to the operation. CIPC member Steve Nojeim asked if the cost might be spread out; McGrail said he will look at the possibility.

            Among the advantages of a digital system, according to Nighelli, are: interoperability (seamless communications across several agencies that are switching to digital;) better coverage (elimination of dead spots due to interference and a steady signal throughout the coverage area;) better audio quality (reduces background noise) and longer battery life because digital radio technology is more energy efficient.

            “The signal is just as good as if you were standing next to the repeater,” said Nighelli. “We would have the ability to take the radio off the system if stolen.”

            Nighelli also proposed $67,252 to replace the supervisor’s aging police cruiser. Historically, the department makes a capital request for a cruiser every third year.

            The CIPC held off on scheduling its next meeting.

Marion Capital Improvement Planning Committee

By Mick Colageo