The Marion Board of Health is confident that the financial teeth in Health Agent Ana Wimmer’s proposal for new dumpster regulations will deter recent problems from recurring.

            In her update to the board during Tuesday’s scheduled Zoom meeting, Wimmer outlined the results of research she conducted of other towns’ codes and practices and reported her findings with a recommendation for the framework for new regulations for dumpsters and wells in Marion.

            It is expected that Wimmer will soon deliver a document to the board titled, “Storage and Removal of Garbage Refuse,” after which a public hearing will be scheduled to discuss and potentially adopt as new regulation, possibly as early as the board’s next meeting on November 16.

            Based on a recent incident at Marconi Village that resident Eileen Marum, herself an elected official in town serving on the Planning Board and the Energy Management Committee, brought to the board’s attention, much of the focus in the proposed regulations will be on communication.

            Main points of the proposal are as follows: Permanent and temporary dumpsters must be permitted unless it is present less than a day; temporary dumpsters are limited to seven days; permanent dumpsters require trash pickup at east every seven days, and full dumpsters shall not remain on site for over 24 hours.

            Should dumpsters be non-compliant, the Board of Health will have the authority to call for emergency pickup, bill the cost, and levy a fine to the owner to cover any associated expenses.

            Board member Dot Brown said she likes the inclusion of the owner paying for the extra pickup and paying a fine, calling the measures the “only way to make sure it happens.” She continued, “I would encourage that we charge the fine and that the fine keeps going on up.” An unclean site, suggested Brown, should warrant a warning, maybe two warnings, then start enacting fines. “Again, it seems to be the only thing that helps. … I have a feeling it won’t [happen] very often.”

            Wimmer listed clerical and physical regulations involving record keeping so responsibility can be more readily established when there is a problem. Residential dumpsters would be used solely for household garbage, thereby prohibiting contractors performing renovations from using them to dispose of their debris.

            A mandatory 6-foot-high enclosure would provide space for handicapped access, along with an impervious surface under the container. It will be the responsibility of the owner to maintain a clean and sanitary condition (already in Chapter 2 of the board’s regulations), tight-fitting covers, and metal or durable material.

            Any trash hauling would require licenses via the Board of Health, any pickups not on time must be accompanied by communication when issues, and garbage must be transferred to a solid waste facility.

            Before Wimmer began her report, Marion Board of Health Chairman Dr. Ed Hoffer clarified that dumpsters by and large have not been an issue in town, that restaurants’ dumpsters fall under separate regulations, and most other dumpsters have been an issue. Hoffer referenced two complaints this fall brought by Marum about the dumpster at Marconi Village after the construction workers loaded it up to the point the residents were forced to take extreme measures to dispense of their own waste.

            Eagerly awaiting an opportunity to address the meeting, Marum considered details of the situation at Marconi to be crucial to the public’s understanding of the communications aspect and to correct any misinformation out there.

            She said that debris from refurbishment work, cleaning material and paint, were placed in the dumpster that residents are by contract allowed exclusive use. “Some tenants kept the trash in their apartments, some brought it to their children’s homes,” said Marum, noting that a huge pile of plastic bags sat atop the dumpster as a result of the conditions.

            Marum also said the dumpster was resultantly infested with flies, bees, squirrels, mice, and potentially rabid animals. “Not only were elderly tenants exposed to disease, but neighboring residents, children, and businesses were placed at risk,” she said.

            Hoffer told Marum, “You sound like you’re trying to convince the converted,” but Marum asked to continue in order to point out conflictual information she was given when she tried as a resident to get answers from SK Management (building manager) and Republic (trash company).

            Hoffer assured Marum that the board is “working to address your concerns.”

            Marum said she learned that the pickup cost would have been $217 and suggested that to be the reason why Republic was not notified of the need.

            Hoffer suggested an additional fine in a future case such as that one.

            Wimmer added Little Neck Village to the sites experiencing problems with trash pickup.

            Wimmer’s report to the board on potential well regulations was substantially briefer, covering prior discussion that showed a consensus toward more frequent testing for E. coli and other contaminants if the well is within 1,000 feet of a cranberry bog or other agricultural property.

            The new twist is a proposed requirement that well owners sign a document stating that they will not use agricultural wells for drinking water (town officials suspect some residents may be tying the purposes together, albeit illegally, due to substantial cost savings).

            Board member John Howard asked if Wimmer’s proposal for well testing is consistent with other towns. Wimmer said with “some of them,” yes, but that the recent boil order justifies going beyond.

            Hoffer said at least a dozen towns in Massachusetts have a regulation like what Marion has in mind. “We would not be an outlier,” he said. “Not even a little,” added Brown.

            In her Public Health Director/Nurse Report, Lori Desmarais told the board there are eight active COVID-19 cases, down from 41 when the board last met.

            There were 71 positive cases in Marion in October, up from 39 in September, and there has been one positive so far in November as of Tuesday.

            Sippican Elementary School had two current positives as of October 28, while Old Rochester Regional Junior High had one person in quarantine, one positive test, and seven total for the school year. At the high school, there have also been two positive tests this academic year; none were in the test and stay program and none were in quarantine.

            Tabor Academy continues testing on Thursdays and reports one positive result out of 100 people tested, and six since the start of the school year.

            Desmarais anticipated news last month of approval for half-dose boosters of the Moderna vaccine. She also has attended discussions where approval for ages 5-11 were being held.

            A drive-thru COVID-19 booster clinic has been scheduled for Friday, November 5, from 9:00 am to noon at the Cushing Community Center; there were over 130 registered as of Tuesday. Desmarais said the clinic is capped at 140 but that she can call on Fire Chief Brian Jackvony to gain approval to expand or add stations. She also said Marion could schedule another booster clinic. There are 200 doses available (10 vials that can be punctured 20 times).

            The town has distributed 600 doses of flu vaccine in clinics so far this season, including a recent clinic held at Little Neck Village. No more clinics are scheduled, but Marion has a limited number of high- and low-dose vaccine and has conducted home visits.

            The next meeting of the Marion Board of Health is scheduled for Tuesday, November 16, at 4:00 pm.

Marion Board of Health

By Mick Colageo

            Once again coming before the Rochester Conservation Commission were members of Renewable Energy Development Partners, LLC and their engineering consultants, Beals and Thomas, Inc. The goal of Tuesday night’s meeting was to provide the commission with an update on any actions or comments brought forward by the Rochester Planning Board, and any new information pertinent to the commission’s oversight.

            Henry Ouimet, a Renewable Energy Development partner, told the board that the inclusion of five utility poles, not the previously noted four, was a requirement from Eversource. He said that the utility specified a clustered configuration of five poles versus a linear design of four poles.

            Two abutters to the project, Trenton Blanchard and Zach Souza, both questioned the necessity of the five-pole cluster. Several times, Ouimet confirmed that this aspect of the project is dictated by the utility, but he said he would discuss the matter with Eversource for clarification. Ouimet also offered to meet with the abutters at the site to try and seek options.

            Blanchard pointed out that the original conceptual drawings called for underground utilities, not overhead wiring, and that the poles being planned are “gigantic.” Souza called the poles “disgusting.”

            Other matters discussed included pending approval by the state for a dual-use permit that would grant the developer permission for agricultural activities under raised solar panels. Ouimet said that, although the state had not yet granted such permission, the developer is moving forward as though it would.

            The issue of screening from the pond side of the array was also discussed. Commissioner Ben Bailey, who is also a Planning Board member, said that the Planning Board is requiring complete screening from the water side. He went so far as to suggest “plastic” trees if need be.

            The hearing was continued to November 16.

            Also continued to November 16 was a hearing that was reopened to discuss a Notice of Intent filing by A.D. Makepeace Company for property known as Morse Swamp Reservoir, filed after an Enforcement Order was issued by the commission on December 16, 2020.

            Bill Madden of G.A.F. Engineering, representing the cranberry grower, brought the commission up to speed on preliminary restoration planning for the site. He noted that dredged spoils would be used for various roadway improvements inside the agricultural site and that planting plans would be forthcoming with a spring start date.

            An NOI filed by Kristen and Matthew Costa for property located at 70 Ryder Road received an Order of Conditions after the couple described plans to build an attached garage with a second-floor office space.

            The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, November 16, at 7:00 pm.

Rochester Conservation Commission

By Marilou Newell

            When the Marion Planning Board wrapped up Monday night’s rather-brief Zoom meeting with a community-outreach segment, no one from the public spoke up, so the board’s members played catch-up on lingering matters that had taken substantial time out of their lives but had recently gone dormant.

            Alanna Nelson addressed the failed litter bylaw and suggested efforts be made to solve the ambiguities that resulted in the negative vote at the October 19 Town Meeting.

            As an alternative to the arduous work of crafting another bylaw that may or may not pass with voters, Planning Board Chairman Will Saltonstall mused as to the possibility that the town could levy a fine in excess of what the state levies based on the latter’s law for tossing trash out of car windows. But it was explained to him that the town cannot supersede the state’s fine.

            Going back to the drawing board is easier said than done. “I haven’t finished licking my wounds,” joked member Norm Hills, who chairs the Bylaw Codification Committee and spearheaded the recent effort to thoroughly examine, revise as necessary, and update Marion’s bylaws.

            Eileen Marum said she has not succeeded in reaching the designated contact person to discuss potential availability of the Music Hall on behalf of the Southeastern Massachusetts League of Women Voters. Terri Santos, the administrative assistant for the Planning Board, told Marum she would assist in that situation.

            Hills asked about the anticipated delivery of rules and regulations for subdivisions, and Santos said she was waiting to hear back from Town Counsel John Witten.

            Member Chris Collings, a River Road resident, asked for an update of The Stone Rooster. Hills reminded him that the last time the applicant appeared before the board, a parking plan was requested. “We don’t have anything yet,” said Hills, so plans for the Route 6 bar/restaurant establishment cannot progress until that matter is addressed to the board’s satisfaction.

            In opening the scheduled continued public hearing for the application filed by Sherman Briggs and Hamblin Homes, Inc. for the construction of 28 townhouses at Spring and Mill Streets, Saltonstall told the board that Briggs’ action means the board will not be discussing “that business for a while.”

            As a point of order, Town Planner Doug Guey-Lee suggested that Briggs’ October 20 letter indicating the developer’s withdrawal of the special-permit application without prejudice be read into the record.

            The board voted to close the public hearing and voted to accept the application’s withdrawal without prejudice.

            In other business, the board voted to appropriate no more than $250 to send Guey-Lee to CPTC classes, which Saltonstall characterized as “good learning to be done there about being a good Planning Board member.”

            The board also voted to approve the payment of $1,121.27 to the Southeastern Regional Planning and Economic Development District (SRPEDD) for its work on Marion’s Open Space and Recreation Plan.

            Hills said that the work on the plan began several years ago, and he expects a final draft on the project this week. Hills further explained that the plan needs to meet the approval of the Stewards of Community Open Space, a committee made up of officials representing the town and outside agencies such as the Sippican Lands Trust, before it is ultimately vetted by the town.

            The next meeting of the Marion Planning Board is scheduled for Monday, November 15, at 7:00 pm.

Marion Planning Board

By Mick Colageo