A public hearing scheduled for the June 10 meeting of the Marion Conservation Commission had Chairperson Jeffrey Doubrava situated at the Police Station while the other commission members and applicants connected to the meeting via Zoom. After explaining Marion’s makeshift format for public hearings and procedural changes, Doubrava moved quickly to close a number of outstanding public hearings and appointments from the special meeting held a week prior.

            The primary focus of the meeting centered around the continued construction by 120 Front Street LLC. A representative for the developer said he intended to get a proposal for an amended Order of Conditions into ConCom’s hands the week of the hearing but hadn’t had time. Community members, in the meantime, voiced their concerns about potential unsanctioned work taking place on the site.

            These concerns were raised in addition to previous concerns about an increase in flooding in the area that may be the result of the work being done on Front Street. In a previous meeting with the commission, Bob Larson, the property manager for St. Gabriel’s Church, reported an increase in flooding that may be the result of drainage coming from the construction site.

            Larson appeared before the commission to determine if any progress had been made in regard to the potential flooding that may be caused by the site. Doubrava explained that the commission had visited the site and that a definitive cause of the flooding could not be ascertained without the updated plans for the project that have not yet been provided.

            The commission’s official business with the construction site in question relates to a Notice of Intent filed to construct retaining walls and relocate a swimming pool on the property. Despite a denial from the commission in relation to the construction of the retaining wall, the wall was constructed. Furthermore, abutters to the property joined the meeting to mention that expansion of the retaining wall seems to be taking place without the approval of the commission.

            Vice Chairperson Shaun Walsh noted that there was little action the commission could take until the updated plans come under their review. “We can’t evaluate the proposal until we get the design plan the applicant is looking for us to approve,” said Walsh. “There have been obvious concerns about what has happened at the site in terms of activity that has occurred that was not approved under the current order of conditions.”

            Other community members made specific mention of an increase in piles of fill that appear to have been transported to the site. In addition, large paving stones and crates of stones were reported to have been dropped at the site. The general sentiment expressed by participating members was that construction unapproved and not under the purview of the commission is continuing to take place.

            Walsh recommended that the commission keep this property on the inspection list to make sure that nothing unsanctioned is taking place on the site. The commission agreed that this particular site should be inspected frequently to address the concerns put forth by the community members.

            With the majority of concerns on Front Street addressed by the commission, Doubrava directed the commission to move to settle the outstanding, less-complex hearings put forth by community members.

            Michael Moore, owner of property located on 3 Water Street, came before the commission with his plans to repair the northeast corner of a wharf located on the property. The wharf, dating back to 1839, has begun to deteriorate over the past few winters. Moore explained that the stone and granite wall surrounding the sides of the wharf has begun to collapse. Three of the stones dropped out of their positions last winter and are now resting underwater.

            “Our plan is to pick up those dropped stones and replace them to make sure they are wedged in tight. This is to essentially re-establish the wharf as it has been for the last 180 years,” Moore explained to the commission.

            Apart from the instability the lack of stones creates for the wharf, Moore also mentioned that the rocks at the bottom of the water surrounding the wharf may be a potential hazard for divers. The resetting of the stones would remove both hazards with little work needed. The commission agreed that the proposed plans would require minimal amounts of work and drastically improve the condition of the site. The review of the plans will be continued to the next commission meeting (June 24) to allow ample time for community input.

            Gregory Messina, owner of property located at 12 Shellheap Road, came before the commission to propose his plan to plant a small area of seagrass along the northeast area of his property and to plant a row of evergreen trees along the property line. The addition of the evergreen trees would provide Messina with a clear demarcation line for the end of his property.

            The commission made specific mention of the good work Messina has done to improve the aesthetic appearance of his property, but they also made mention of potential risks that could come as a result of the lack of clarity within his proposal.

            Doubrava explained that the position of the trees on the plan needs to also have the wetlands delineated to make certain that no work would have to be done in a protected area. “There is a history of conflict with jurisdictional areas in that part of town,” Doubrava explained to Messina.

            According to Doubrava, a conservative approach would be best with the plantings to avoid the numerous protected areas that surround Messina’s property. The commission requested updated plans with delineation of the nearby wetlands areas to make sure that there is no risk of planting in a protected wetlands area.

            Messina agreed that the addition of the wetland areas would make it clear that the work being done is not a risk to the surrounding environment. He explained that he would consult with a wetlands scientist to draft a more detailed proposal for presentation at the June 24 meeting.

            In other business, ConCom reopened several continued hearings, granting an Amended Order of Conditions to Mark Ross and Margot Mims for modifications at 195 Converse Road. ConCom issued negative determinations of applicability to Great Hill Marion LLC for the chemical treatment of phragmites by a licensed company on North Great Hill Drive and to Carmine Martinetti for the removal of trees at 75 Moorings Road.

            ConCom voted to approve with qualifications a Notice of Intent from Thomas O’Rourke and Farrell Curran to improve the storm damage for their circa 1929 home and reconstruction of a stone seawall at 34 Point Road. The commission also voted with stipulation on the placement of boulders to approve a Notice of Intent filed by Marion Lands Trust LLC for proposed work at a single-family house on Wareham Street. ConCom voted to approve a Notice of Intent filed by Pamela Lees for pier, lift, float and ramp reconstruction at 49 Water Street.

            The next Marion Conservation Commission meeting is a public hearing scheduled to take place on Wednesday, June 24, with Doubrava positioned in the Marion Police Station and other commission members and the public joining the event via Zoom.

Marion Conservation Commission

By Matthew Donato

            The Marion Board of Health held a remote public hearing on June 16 to consider public comment on a proposed regulation that would require new construction to install a nitrogen-reducing septic system if access to the municipal sewer is unavailable. The regulation would also require failed septic systems to be replaced with the new nitrogen-reducing system.

            Board Clerk Dot Brown presented a slideshow that explained the background for the regulation and outlined the significant impact that septic systems would have on Marion’s coastal waters.

            Brown explained that the goal of the proposal is to protect the coastal water quality in Marion by significantly limiting the impact of nitrogen generated from on-site septic systems. According to the town’s research, the largest source of nitrogen pollution to Marion’s coastal waters is wastewater from the septic systems of individual homes. The nitrogen fuels the growth of algae which can cause aesthetic and environmental concerns.

            The rapid growth of this algae can brown the water, and form clumps that wash up during low tide, fouling beaches. In addition, the rapid spread of algae can block vital sunlight from penetrating and reaching plant life underwater. Without sunlight, the plants die, resulting in negative impacts on the young fish, crabs, and bay scallops that rely on the plants for their survival.

            According to Brown, this is a challenge that is being faced by communities across the country. Wareham also passed the same regulation seven years ago to combat nitrogen pollution in their community.

            With approximately 30 years of data collected surrounding the nitrogen in Marion’s coastal waters, it is evident that water pollution is getting worse. Aucoot Cove, Sippican Harbor and the Weweantic River fail to meet state water-quality standards and are listed on the federal EPA’s “Dirty Waters” list for being polluted with too much nitrogen.

            The introduction of the new systems will not address the nitrogen pollution that already exists in the coastal waters, but Brown argued that this would be the first of many steps to slow the increases in nitrogen in the water. “If every house was on a new system the nitrogen pollution would be far less significant,” Brown explained in the hearing.

            Nitrogen levels vary based on the way that each particular harbor flushes. The inner harbors face a much higher risk of pollution than outer harbors. Brown mentioned that the only factor the town has direct control over is the amount of nitrogen going into the water. The majority of nitrogen pollution comes from the ammonia in urine. The new nitrogen-reducing septic systems have the ability to convert that ammonia into nitrogen gas, which diffuses naturally and harmlessly into the atmosphere. The systems reduce the nitrogen output roughly 50 to 70 percent more compared to the conventional systems.

            Continuing her presentation, Brown noted that the best alternative would be to have homes connect directly to the town’s sewer systems, which results in a 95 percent reduction in nitrogen output. A third of the total houses in Marion is not connected to the sewer system and not running on these updated systems, meaning that they are still actively polluting coastal waters. Brown hopes that mandating the use of this technology on new homes will drive the price of the systems downward as they become more popular among builders.

            “We view this as a step in the right direction that will have immediate results,” Brown said. “Our hope is that many people will choose to update as well.

            Charts displayed in Brown’s presentation revealed that hundreds of pounds of nitrogen would have been prevented from going into coastal waters if this regulation had been enacted in 2018.

            Apart from the septic systems, the town’s wastewater treatment, cranberry bogs, fertilizers, stormwater, and atmospheric deposition can all contribute to the levels of nitrogen that appear in coastal waters. With that, Brown noted that the residents should avoid nitrogen fertilizers, but that they, and the other contributors, still make up only a small portion of the nitrogen polluting Marion’s waters.

            Community members joined the hearing via public phones and expressed general concerns relating to the cost and maintenance associated with the new systems.

            Brown moved to dispel many of the fears and concerns surrounding the regulation. “This regulation applies only to new home construction and those septic systems failing inspection at the time of real estate transfer,” she said. “This regulation does not apply to a properly functioning Title 5 septic system.”

            Brown also explained that constructing the updated systems in new homes would not accrue significant costs. The impact of the nitrogen septic systems would only result in a one percent increase in the total cost of building a new home.

            With her presentation concluded, Brown explained that the regulation is in the best interest of current homeowners and residents who hope to move to Marion. “The regulation supports the value of every property in Marion by guaranteeing the future of the town’s coastal waters and our future investments in wastewater treatment,” Brown explained.

            The proposed regulation will continue to be reviewed by the Marion Board of Health and is open to public comment until July 7.

Marion Board of Health

By Matthew Donato

            An admission that the Old Rochester Regional School District and the teachers’ union had both failed to carry out in-depth review and implementation of programs that would expose racism at its core came from Cary Humphrey, chairman of the district committee, as the joint meeting opened on June 15.

            Earlier promises made during the 2019 school year, promises made after Barbara Sullivan, a grandmother and founding member of the Tri-Town Against Racism organization, came forward with concerns that racism, bias, and deep-seeded discriminatory systems co-existed in the Tri-Town schools, were never fulfilled. Humphrey conceded that most staff and committee members believed the district had been following up with training and policy. That would later be confirmed by incoming Superintendent Mike Nelson. Humphrey said, “We are now all moving in the same direction with the same goals.”

            On this night Sullivan, along with two other founding members of the Tri-Town Against Racism organization, were invited to directly address the joint committee members. Accompanying Sullivan to the virtual podium were Alison Noyce and Tangi Thomas. In a three-part approach, historical, current and future issues around racism, the speakers addressed the committee and some 165 others who had logged into the virtual meeting.

            Sullivan spoke first. She said after bringing problems of racism to the attention of school officials, problems she said not only dealing with students but also with teachers, “They dropped the ball.” She told the story of a mother who received a call from her crying child who had locked himself in a restroom to escape being bullied. The mother’s urgent request for assistance had elicited a response of “…why does your child have a cell phone in school?”

            On a personal note, Sullivan shared her granddaughter’s attempts to get school officials to understand the breadth of racial bias within the walls of ORR, where she said name-calling was common, along with black jokes, and racists comments overheard between teachers. And, Sullivan said frequent use of the “n” word was something children of color were all to familiar with hearing. There was an incident shared by the granddaughter to her grandmother where a substitute teacher had told the child she should go to New Bedford to be with other brown people. Adding to the insults and innuendos that her granddaughter had chronicled, Sullivan said that after a poetry-slam event featuring black authors two teachers were overheard saying, “…we need an assembly on how not be offended by everything.”

            “What is needed is deep introspection,” Sullivan implored. She suggested a three-part strategy of self-exploration, a task force to examine problems, and a grant to fund and support programs for black students. She said of the Tri-Town Against Racism, “Here we are, stronger than ever; you have not earned the right to be trusted; you’ve only checked the boxes.”

            Noyce said of the group’s momentum, “White community members are showing up.” She stated, “I hope you have shown up to make change.” She referred to a culture of “casual racism”, like laughter that ensues after jokes are made against black students. She said it’s the kids that laugh and the kids that say nothing that help to perpetuate the problem.

            Noyce wanted more from the teachers now. She cited one proactive English teacher who had taken the murder of George Floyd and asked her students to find the parallels to The Crucible. But she also said that other teachers say, “I don’t see color,” and believe everything is okay. She said her own children had been called monkey and slave. One incident in the junior high school involved one of her sons. Noyce said that after being provoked, her son had engaged in a physical altercation. Shaken to be called to the school under these circumstances, she learned that her son had been told he should have taken a more passive approach to the situation, “like Martin Luther King.” She said she begged the administration, “What are you going to do to keep my son safe in this school?” She was told her son had thrown the first punch, and that he had chosen violence. “Racial slurs are a type of violence,” Noyce stated.

            Tangi Thomas spoke to the future. She said that in order to make the schools safer and to educate children on racial bias, school officials needed to “be bolder and clearer.” She wanted everyone involved to work actively towards a non-racist school with a new, robust plan. Thomas suggested that the way forward needed to include more than putting out fires and passing out reading lists. “Hire someone to help, find an appropriate role model, have peer-to-peer remediation. A firm speaking-to and suspension is not enough.”

            Thomas said that more effort is needed to bring teachers of color into the schools. But she believed this was only the beginning and offered assistance. “We are here to help you; let’s get to work.”

            Nelson followed-up saying that anti-racism work had begun but that, “We have to be better.” He then listed all the programs, lectures and professional-development days the school had initiated after Sullivan had met with the school last year. He noted such themes as self-exploration, diversity training, and bringing students in to talk and met with teachers. He also said that unconscious bias needed to be dismantled and that this is only the beginning. “We should have included more people from the community,” he noted and that he sought to have strong partnerships with all stakeholders.

            Nelson’s strongest statement came towards the end of his comments when said, “We acknowledge we’ve had our problems. Racism goes against our mission of having a safe, welcoming, supportive school. I know these are just words, but moving forward we will move away from a single white perspective.”

            Mattapoisett School Committee member John Muse said, “This is a simple acknowledgement that there is a lot of education necessary… We don’t do enough; every individual can do something. When we see or hear racism we should not accept it.” He admitted that he was guilty of not speaking up instead of sending a message that racism is not appropriate. “Silence increases the problem.”

            Many of the other committee members spoke up in support of the Tri-Town Against Racism organization, offering to help, to support, and to do the hard work before them.

            Suzanne Tseki, a member of the ORR school committee and Mattapoisett resident, said that things had been swept under the carpet and that, “We can teach right from wrong, but how do we reach people’s hearts?”

            Michele Cusolito of Rochester asked that the joint committee meetings maintain an agenda line item for this very topic and that monthly reports on the school’s plans and progress against racial bias be provided.

            Mattapoisett Town Administrator Mike Lorenco introduced himself, saying that he was new in his position but as a person who grew up in town and went to ORR he had a vested interest and wanted to “…listen, hear the stories,” and support the schools and the entire Tri-Town area with proactive approaches to help.

            After the meeting was adjourned, Sullivan added that she was pleased to see town administrators on the call.

By Marilou Newell

            The Rochester Board of Selectmen agreed to release Simple Recycling from its payment obligations through September 1 during the board’s June 15, remote access meeting.

            In her Town Administrator’s report, Suzanne Szyndlar told the selectmen that Simple Recycling, citing the economic impact of the COVID-19 pandemic, told the town it will no longer be able to provide the monthly, per-pound payment to the municipalities it serves. The company, Szyndlar said, requested a release from its obligation to pay rebates from March, April, and May. Service and contract terms will stay intact otherwise, and Simple Recycling will provide monthly diversion collection totals.

            Szyndlar estimated the effect to amount to a few hundred dollars a year in fees. “We receive recycling points offering this service, which equates more to grant funds for the town,” she said.

            Selectman Woody Hartley asked if service would continue; Szyndlar confirmed that it will, after which Hartley asked if the company had a plan in place to communicate with Rochester once its financial crisis is brought under control. Szyndlar said no such indication was given regarding the future.

            “There should be a deadline. There should be a ‘We’ll release you for six months, then we’ll come back to the table’” agreement, Town Counsel Blair Bailey said.

            Szyndlar said she will relay that message to the company.

            Vice Chairman Brad Morse made a motion that Rochester releases Simple Recycling from its financial obligations for six months to September 1, then revisits the matter, authorizing the company to hold payment through the six months. The board voted to approve.

            The board also voted to lay out Forbes Road and Douglas Corner Road. As a direct abutter, Morse abstained from discussion and vote. Bailey instructed the meeting that the vote puts the recommendation onto the June 22 Town Meeting warrant; once Town Meeting votes to accept, the town would then proceed to deed for the street.

            In her report, Szyndlar also discussed the June 22 Town Meeting and the plan to conduct a walk-through on June 16, noting the plan for seating 6 feet apart with the exception of immediate households. All attendees will enter through the main, front entrance of Rochester Memorial School and exit through other doors. Tables will be marked by the letter starting people’s last names (A-L and K-Z), and walking lanes will be marked. Face masks will be required except in the case of special needs.

            Szyndlar also noted that, while Town Hall remains closed except by appointment, services are in full swing and a frequently asked questions list applying to all four town buildings (Town Hall, the Annex, Public Library, and Council on Aging) is available on the town’s website.

            Building inspections and issuance of permits have not ceased, and none have been refused due to the coronavirus pandemic. Inspection procedures may alter for safety, but there is no delay in service.

            Town Meeting will start at 7:00 pm on Monday, June 22, with doors opening at 6:00 pm to avoid a crowded entrance.

            The town election was held on June 17 at the Council on Aging building.

            Chairman Paul Ciaburri reported that a ceremony will be held for Rochester Memorial School graduates on Thursday, June 18, at noon. Hartley noted that the high school seniors will conduct a celebratory motorcade to the various elementary schools on Friday, June 19, meeting back at ORR.

            David Arancio, a citizen and member of three boards, addressed the selectmen about concerns brought to his attention regarding public safety especially as it applies to compliance and dispatch operations with the Police Department. “If this is accurate, I want to start to work with my colleagues and members so (I can help) the town in coming up with a plan in regards to correcting those (issues),” he said.

            Morse said that, regarding 9-1-1 usage, nothing was reported in the last two Board of Selectmen meetings. “Any time there is a discrepancy, we talk to the (Duxbury). According to the last two meetings we had, we’ve had no problems.”

            Hartley said that Rochester most often works in conjunction with Bristol County House of Corrections and receives no charge for their service and that the same holds true when working in conjunction with the town of Marion.

            The next meeting of the Rochester Board of Selectmen was not announced.

Rochester Board of Selectmen

By Mick Colageo