Attorney Cary Leblanc represented applicants Bernadette Kelly and L. Sheldon Daly in an opening discussion with the Marion Planning Board on October 18, as the prospective applicant seeks authorization to create a concierge service for their real estate clients when visiting the area.

            Currently permitted by-right for business use, Kelly and Daly hope to use the second floor of their 313 Wareham Road office, formerly occupied by T12 Engineering, as an occasional overnight option for use by clients in sudden need.

            “What Bernadette and Sheldon are trying to do is put up their clients at no extra expense,” explained Leblanc, who pointed out to the board that Converse Realty similarly received authorization to use the second floor of its Front Street office building as a guesthouse.

            In digesting the case, Planning Board Chairman Will Saltonstall referred to guidance from Building Commissioner Scott Shippey. While not specifically outlined in the bylaws, the term “dwelling” typically applies to a permanent residence, said Saltonstall. In this case, it’s a short-term residence, therefore like unto a bed-and-breakfast.

            Member Eileen Marum asked why clients don’t just book a stay at the bed-and-breakfast on Front Street. Leblanc said that delays in closings and other legal activities around the transfer of property are often sudden and that the traffic in real estate since the beginning of the coronavirus pandemic has been unusually busy.

            Saltonstall asked the applicants to make sure before applying that “you feel confident about your building” regarding code as it applies to the containment and prevention of fire.

            “I feel like, (at) that site, the intensity of use there has been great, maybe too great at times,” he said, referring to cars being double and triple parked.

            Marum expanded on her concern that the purpose of the building would ultimately change into a residential apartment, but Saltonstall argued that mixed-use is appropriate and even healthy for Route 6.

            Noting that the Planning Board is the Special Permit-granting authority, not the Zoning Board of Appeals, Saltonstall’s initial thought was that the Planning Board should hear the case.

            The discussion had gone deep when member Norm Hills, who joined the meeting in progress, insisted that the matter falls into the ZBA’s purview and hearing the case “would be stepping on their toes.”

            It was decided that before Kelly and Daly file an application, the Planning Board would seek advice from town counsel. Town Planner Doug Guey Lee agreed with the decision; he and Saltonstall will seek legal advice before a recommendation comes back to the board.

            Leblanc said she will take the board’s feedback, research the questions, and will be eager to present findings in a public hearing in early November.

            The Planning Board’s vote to continue to November 1 a public hearing as requested by Special Permit applicant Sherman Briggs and Hamblin Homes, Inc. for a 28-unit residential complex at Spring and Mill streets will not transpire after Briggs pulled his application later in the week.

            According to Saltonstall, the request to continue was accompanied by a supplemental package of engineering information from Steve Poole of Lakeview Associates. But the peer-review budget was empty as of the October 18 meeting, so review by Beals and Thomas, Inc. would not have been able to continue.

            The ZBA requested comment from the Planning Board on an application to provide affordable housing at 20 Beach Street. Marum said that since the activity will not create any building, the matter should rest with the ZBA.

            The next meeting of the Marion Planning Board is scheduled for Monday, November 1, at 7:00 pm.

Marion Planning Board

By Mick Colageo

            Jennifer Fulton will get her new pool, while a more involved Notice of Intent filed by John and Pamela Lees was continued with a sense of optimism during the Marion Conservation Commission’s October 13 meeting.

            The Lees filed their NOI for reconstruction of a single-family house, the construction of an in-ground swimming pool, and the repair of a seawall together with associated site work at 49 Water Street.

            Representative Dave Davignon of Schneider, Davignon, & Leone, Inc., explained where the roof runoff will be caught and said that the existing boathouse will be demolished when construction is complete. There will be a leaching system to capture excess water from the patio area and put it back in the ground.

            Abutter Judy Rosbe asked about the process. Acknowledging the possibility that the applicant has received other approvals outside the purview of the commission, Walsh asked Davignon, who interpreted Rosbe’s as a zoning question. Davignon said no variances are being sought and that setbacks are being kept according to the bylaws.

            Relaying a neighbor’s concerns, Rosbe also asked if a fence is planned. Davignon said he believes there is some kind of fencing required but wasn’t sure if a fence was mandated. Saltwater filters will be used in the pool.

            Citing the delivery of the revised plan only a day before the October 13 meeting, Walsh suggested a continuance and asked Davignon to revise the plan to include the buffer-zone line. The applicant was amenable, and Davignon further invited any more feedback to be relayed through Conservation Agent Doug Guey Lee.

            The board voted to continue the hearing to Wednesday, October 27, at 7:00 pm.

            Fulton filed her NOI for construction of a wooden deck, pool, spas, and associated grading and utilities on land subject to coastal storm flowage at 756 Point Road.

            After conducting a site visit, Guey Lee asked the applicant’s representative about the lack of calculation in square footage in the presentation. Walsh pointed out that the square footage is listed at 30,000 square feet designated on the NOI.

            Faced with a choice of continuing the hearing or issuing an order of conditions limited to 30,000 square feet, commissioners Mark Bellanger, Jeff Doubrava, and Cynthia Callow agreed that more information would be beneficial but agreed to move the case.

            After ConCom voted to close the public hearing, Bellanger recommended an Order of Conditions including prevention of wildlife habitat, against pollution and exhibiting flood control, and including a retention fence, haybales, and a sump pump. Bellanger adopted Jeff Doubrava’s suggestion that the discharge of water from the swimming pool toward coastal bank, saltmarsh, or the harbor is strictly prohibited.

            ConCom voted to issue the Order of Conditions.

            Ethan Gerber recommended a Negative 2 determination of applicability, and the commissioners voted unanimously, allowing the Sippican Lands Trust to install a 20-foot osprey pole at 354 Point Road. The pole is to be installed in the shrubby area at the top of the marsh at the address.

            Walsh further explained that the pole would be set between two 6-inch square posts. Jim Bride and Alan Harris represented the SLT.

            ConCom member Emil Assing said he appreciates the osprey poles on the site and the SLT for stewarding those sites.

            Harris asked if maintaining the platforms require the filing of an RDA; Walsh said that a location change would require a filing but replacing supports for the poles on the same location would not.

            The commission voted Negative 2 and 3 determinations of applicability on Hugh Webb’s RDA to remove existing Rosa Rugosa plants and replace them with native plants, little bluestem, and love grass at Moorings Road. Callow added the condition that invasive plants shall be removed on the day they are cut. During the public hearing, Walsh requested the representative distinguish himself from the applicant in the application form. The commissioners addressed requests by the Zoning Board of Appeals for comment on three cases.

            On Janvrin Demler’s application at 80 Front Street, ConCom says that if the extension being planned falls within the flood zone, then Demler would be required to file with the Conservation Commission.

            Walsh does not believe that there are any wetlands in play relative to an application that Steve Sughrue, 663 Point Road, filed with the ZBA.

            Under correspondence, Walsh told the commission that Plymouth County Mosquito Control will be applying to conduct a Route 6 maintenance project meant to curb mosquito breeding.

            Walsh enthusiastically welcomed Guey Lee as the town’s new conservation agent. Lee also serves Marion as town planner.

            The Marion Conservation Commission is scheduled to meet on Wednesday, October 27, and November 10, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

            The October 25 meeting of the Mattapoisett Conservation Commission got off to a bit of a fiery start when a Request for Determination of Applicability for property at 0 Marion Road, owned by David Nicolosi, was heard. Represented by Bill Madden of G.A.F. Engineering, Nicolosi’s application sought to determine if the 3-acre parcel is subject to the Wetlands Protection Act.

            Madden described the topography and vegetation features of the property and argued that the drainage systems, both natural and man-made, do not constitute true wetlands features. “There are pockets that can hold water; there is an inlet and an outlet, but no basin,” he explained.

            Brandon Faneuf, the town’s environmental consultant, said, “I didn’t see any area holding any significant water.… There are signs of wetlands on the other side of the street but no signs of streams.”

            The matter of an existing permit previously granted the applicant but not closed out was raised, but only relative to its impact on decisions made by the commission on this night.

            But when given the floor, abutter Beth Underwood, 16 Chapel Road, began to share the property’s long history, including a 1930s decision by the Army Corps of Engineers that the parcel was not buildable.

            For Chairman Mike King, Underwood’s comments were not essential to the matter before the commission. “It doesn’t matter who owned the property or what happened before.… This is not a debate, it’s a public meeting,” said King.

            In a follow-up, Underwood said that for decades residents in the area and the Mattapoisett Land Trust have been trying to preserve the parcel from development. “But the owner was able to get the property declared buildable at Town Hall,” she said. The existence of an old foundation may have resulted in that classification, Underwood shared.

            Madden confirmed that his client has no immediate plans for the property. The commission unanimously voted to grant the applicant a negative determination for the issue of jurisdiction and a positive determination (requiring a Notice of Intent filing) for the open RDA for the boundary delineation that Faneuf confirmed as accurate.

            A Cove Street barrier beach Notice of Intent for the construction of an elevated residence for owner David Ricci was reopened and represented by Bob Field of Field Engineering, who said the state Department of Environmental Protection (DEP) had no comments. But Faneuf presented environmental impact standards for the commission’s consideration should it plan on conditioning the project.

            Faneuf listed points to weigh, including whether dunes, the movement of sands, dune forms, vegetated cover, or bird nesting habitat would be impacted.

            The general sentiment of the commission and the engineer was that, with the exceptions of vegetation and bird nesting, other natural features would not sustain significant impact. Faneuf said, “If you allow it, not much of anything can be under the house.” He also pointed out that the removal of Japanese knotweed might be considered to allow for native species to grow. It was decided that further review between Faneuf and Field may produce positive results in terms of the natural environment. The case was continued to November 9.

            An NOI filing by Alexander Bauer, 7 Nashawena Road, was once again discussed by the commission, this time at the applicant’s request to amend a previously granted Order of Conditions.

            King said that abutter, and state representative, Bill Straus has appealed that decision.

            In the October 25 meeting, the matter of a stand of vegetation was being discussed between the applicant’s attorney and Straus as a possible compromise if the shrubbery remains in place. The site plan had called for its removal.

            Faneuf wondered aloud if the commission could amend an Order of Conditions being appealed and suggested, since it was a minor change, leaving the bushes in place; the matter could be handled as a minor modification when the applicant is ready to seek a Certificate of Compliance.

            Ryan Amato’s NOI filing for 0 Park Lane was conditioned with the additional documentation requested by Faneuf of a “finding of facts” and a narrative of the project.

            Also continued to November 9 was an RDA filed by Randy Alexander, 7 Wolf Island Road, and an NOI filed by James and Sharlene Craig, 0 Aucoot Road, for the construction of two residences.

            Faneuf was asked to review the site conditions at 23 Randall Road for suspected erosion and subsequent sediment movement near possible jurisdictional areas. Faneuf stated, “If a single grain of sand reaches (jurisdictional areas), then you have authority.”

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Tuesday, November 9, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell