The controversial case of the pier construction planned for 122 Register Road helped make the September 22 Conservation Commission meeting last over four hours.

            The application filed by 122 Register Road, LLC for an amended Order of Conditions to reduce the length of the pier by 30 feet was met with approval by the commission with conditions as authored by ConCom member Jeff Doubrava. One of those conditions was authorization of the installation of eight piles instead of the 10 in the original Order of Conditions.

            The applicant filed the amended Order of Conditions “smartly,” according to Conservation Commission Chair Shaun Walsh. “If this gets built,” said Walsh, “he’s going to want to file for a Certificate of Compliance.”

            Walsh expressed concern that conservation commissions make a mistake when they put a lot of conditions into amended orders of conditions because that paves the way for an appeal to the state Department of Environmental Protection by the applicant or a person aggrieved by the ruling.

            Instead, Walsh suggested that ConCom continues to monitor the health of the impacted saltmarsh through the fall and into the winter as advised by the wetlands circuit rider. He suggested the ConCom use its enforcement authority to require the applicant to restore as needed come spring. Walsh noted that an Enforcement Order is not appealable to the DEP.

            In a continued public hearing, John and Cynthia Paliotta, 119 Converse Road, filed a Notice of Intent for a land management plan to eradicate invasive plants, restore and enhance native plant communities and establish long-term health, manage the woodland for long-term health, protect historic stone walls, create a sustainable, long-term vista corridor to Sippican Harbor, and create a vertically diverse native wood plant community at 119 Converse Road.

            After hearing from the Paliottas’ representatives from LEC Environmental, Bob Gray, the third-party consultant on behalf of the Marion ConCom, told the attendees that he had reviewed the revised paperwork and the project. “I don’t think I’m prepared to sign off yet but want to hear the presentation and hear from the public,” he said.

            After more discussion, the commission planned to conduct a site visit on Saturday, October 16, and the case was continued to October 27.

            In other decisions, the commission voted approvals in four cases.

            Daniel and Mayo Morgan, who filed an RDA to reconstruct a deck/pergola in a new location south of its current location at 22 Point Road, was met with a vote of a Negative 2 determination. The land is subject to coastal storm flowage.

            Burr Brothers Boats’ ORAD application for the review and confirmation of the wetland resource area boundaries at 305 Front Street was approved as accurate. The land is subject to coastal storm flowage.

            Sarah Gardner filed an NOI to build a single-family house on Point Road in the buffer zone to bordering vegetated wetlands. The commission voted to issue a Certificate of Compliance.

            Tom Heiser filed a NOI to add a deck, parking, and an underground propane tank at 5 Island Court in the buffer zone to bordering vegetated wetlands; the commission voted to issue an Order of Conditions.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, October 13, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

            As the Marion Energy Management Committee strategizes to reidentify and rename itself to emphasize its climate change stream of consciousness, the cart and the horse are neck and neck racing around the backstretch toward the committee’s next iteration.

            Closing in on maximizing the town’s net-metering credit capacity and dissatisfied tinkering with ideas that nibble at the edges of what else can be done to nudge Marion toward a little less dependence on fossil fuels, the dialogue among the committee’s members during Monday’s Zoom meeting focused on mountains rather than molehills.

            Dissatisfied with what is perceived as relegation to the kids’ table, the EMC wants to sit with the grownups and have input so it can have impact on the two major municipal construction projects facing Marion: the new Department of Public Works and Marine Center buildings.

            “It’d be a cool precedent to set for our town if we could have it that we won’t invest in any more fossil fuel for our infrastructure,” said EMC member Jennifer Francis, suggesting that the committee pursue some form of document or agreement that would prohibit the use of any new fossil fuel infrastructure in any new public construction.

            EMC Chair Christian Ingerslev mused about putting something before the citizens on Town Meeting floor – a Special Town Meeting will be held on October 19 – and member Alanna Nelson asked if such a resolution should take the shape of a bylaw or statement of policy or intent.

            Massachusetts’ Stretch Code was discussed, but the net-zero banter of months-ago meetings did not resurface, indicating that the EMC is trying less to think pie-in-the-sky about impending construction of new headquarters for the DPW and harbormaster and is more preoccupied with identifying a strategy that will lead to meaningful involvement in these projects.

            While going electric is a main goal of the EMC, member Bill Saltonstall reminded the committee that “electric depends on fossil fuels sometimes. It doesn’t necessarily mean you’re off of fossil fuels.” Member Eileen Marum concurred, saying, “Electricity produced by fossil fuels is not clean energy.”

            “It would be nice if by 2030 we were buying our electricity from a greener source than we are buying right now,” said Saltonstall.

            Francis estimated that Eversource produces 75-percent of its electric power from fossil fuels.

            “A lot of their projects seem really large and not easy to see where the benefit would be, whereas I thought National Grid had more targeted projects,” said Nelson. “So, even how they’re spending their money that would help make everything go greener, you’re not sure what you’re going to get out of it.”

            It was noted during the meeting that Marion is in an aggregate for residential electricity rates but not municipal. The town is a member of CVEC but cannot become a member of the Cape towns’ aggregate.

            Ingerslev said, before the EMC can take any substantial action, the town must first complete and officially adopt its Hazard Mitigation Plan, an action Marum said is expected in January. Even so, said Ingerslev, the EMC will then “have to get everything through the [Select Board] before we go out to the town.”

            Marum suggested asking Senator Marc Pacheco, the founding chair of the Standing Senate Committee on Global Warming and Climate Change in Massachusetts, to address a local meeting on the matter. Marum said that Pacheco has traveled to Norway to study the country’s wind farms setup.

            “It might be good to hear from him as a speaker in the education component. He was very enthusiastic when he was talking about renewable energy,” said Marum, also suggesting an invitation to the entire Tabor community, including the prep school’s students.

            Francis told the committee that she will draft a letter to the Select Board.

            Reporting on the Mass Energy Insight program, Saltonstall told the committee that while engineers were completing design for new equipment proposed for the Music Hall and Elizabeth Taber Library, he has until the end of November to complete Marion’s annual energy consumption report. He said Marion is applying for the maximum $150,000 in grant funding for the two projects and expects he will receive the necessary information in time to complete the report for Green Communities.

            Saltonstall said that Facilities Manager Shawn Cormier has taken a lead in dealing with the engineers. Heat pumps have been proposed for both buildings and a new system should include thermostats that can be controlled online.

            “The shortage of wires that prevented us from putting in a thermostat is going away, and I think we’re going to get the kind of control I need,” he said, suggesting an occupancy sensor of some kind capable of meting out fresh air as needed. “I think the air requirement is around 20-percent. At Sippican School, sensors measure CO2 in each classroom and turn up as needed. I’m hopeful they’ll put something like that in the Music Hall space.”

            One of the challenges is in old buildings where heat is not distributed evenly. The goal is to get an unoccupied facility down into the 50-55-degree range.

            To achieve greater public awareness on electric power, Nelson discussed showcasing electric cars in public places like school parking lots where citizens can discuss them with the owners and learn facts in a grassroots atmosphere. When she lived in Melrose, Nelson helped hold three such events.

            Francis spoke about taking out advertising space in the local newspaper to offer tips on energy conservation.

            The next meeting of the EMC is scheduled for Monday, October 25, at 5:00 pm.

Marion Energy Management Committee

By Mick Colageo

            Superintendent Michael S. Nelson and Principal Rose Bowman report that as the result of an increase in students testing positive for COVID-19, one classroom at the Center School will be transitioning to remote learning.

            Through its participation in the state’s Symptomatic and Test and Stay testing options, and in coordination with the Mattapoisett Board of Health and Public Health Nurse Emily Field and Center School Nurse Jaime Balsis, an increased amount of positive COVID-19 cases has been

Identified among students in a second grade classroom at the school. Under state and federal health privacy laws, no further information is available about the individuals.

            After assessing the situation in conjunction with the Mattapoisett Board of Health and Department of Elementary and Secondary Education (DESE), it was determined that, out of an abundance of caution and to limit possible in-school transmission, it was in the best interest of the school and its students and staff to transition the students in the affected classroom to fully remote learning. Based on the appropriate quarantine and isolation periods, the affected students are currently expected to be able to return to school on Oct. 12.

            Students that have been identified as a close contact were contacted by the school nurse and provided close contact protocols. All students in the affected classroom and their families will be provided with remote learning resources.

            The district will conduct a deep and thorough sanitization and disinfection of the Center School this weekend. All schools district wide continue to be cleaned daily.

            “Given the multiple positive cases and subsequent close contacts in one classroom, we believe it is in the best interest of all of our Center School students and staff for those students to learn remotely for the appropriate time period in accordance with state protocols,” Principal Bowman said. “We appreciate the continued cooperation and understanding of our school community and encourage our Center School families to reach out with any questions or concerns.”

            Families are reminded to monitor their children’s health and be alert for COVID-19-like symptoms, including fever, cough, respiratory illness, vomiting, fatigue, body ache, sore throat and chills.

            “The health and safety of our students and staff remains our top priority and we have many protocols in place to respond to situations like this,” Superintendent Nelson said. “We will continue to follow all protocols and guidance of our local officials as well as the Massachusetts Department of Health and Department of Elementary and Secondary Education, and we would also like to thank our local board of health and school nurses for their assistance and guidance as we continue to navigate through the pandemic.”

            The Old Rochester Regional School District and MA Superintendency Union

#55 has a dashboard in place to track all reported cases of COVID-19. The dashboard can be viewed here [2]. Additionally, families are encouraged to visit the district’s 2021-2022 Reopening of Schools Information webpage [3] to view COVID-19 protocols and guidelines.

            The Marion Finance Committee met on September 15 to vote its recommendations on financially impactful Warrant articles for the October 19 Special Town Meeting at Sippican School.

            The Finance Committee, which is down a full member and an alternate, also reorganized. Town Administrator Jay McGrail said it is likely an alternate member will be elevated to full-member status and that two alternates will be recruited to join the committee.

            On the recommendation of the Appointment Committee, the committee has done away with its co-chairs arrangement and has voted former co-chair Shea Assad as a single new chair for the next 12 months. Assad had joined former Chair Peter Winters in the role of co-chair in 2021 but said he thinks the role should rotate.

            Member Charlie Larkin said it’s been harder this year to deliberate with co-chairs and move as efficiently and recommended the FinCom go with one. Members Jay Pateakos and Bill Marvel agreed that the committee functions better with a single chair that would be rotated.

            Pateakos will continue as clerk, and Marvel will representative FinCom to the Capital Improvement Planning Committee.

            Before the committee got that far, it first heard McGrail present the articles for the Special Town Meeting Warrant. FinCom either approved each article as presented or voted against making any recommendation on the basis of no financial impact to the town. No article was voted for recommendation against.

            Article 1 asks voters to approve the transfer of $175,000 from the Capital Stabilization Fund or from free cash to be used for electrical upgrades at the Town House as directed by the facilities manager. Transferring the funds from Capital Stabilization would require a two-thirds majority vote at Town Meeting.

            McGrail told the committee he underfunded the project, previously set at $150,000 before it was learned that the utility pole closest to the Town House does not carry the necessary three-phase power required by the project. It would have cost $1 million to run three-phase power from Route 6, so the revised plan calls for three-phase power to feed the Town House from across Spring Street and abandon the Main Street power source.

            The new below-ground service will run across Spring Street to a transformer under the gazebo and to the Town House from there. The results of the bidding process underway since the day after the meeting will not be known until late October, but McGrail believes based on the article’s passage and discussions with potential vendors that he will be turning back appropriated money to the town.

            As McGrail explained, Eversource would dig into Spring Street and run wire underground. The power company would continue to run the wire on town property but digging would necessarily be done by an excavator contracted by the town.

            McGrail told FinCom the town is closing in on certifying free cash, but that the method of funding the project is not finalized. He said that, while the town waits on the state Department of Revenue to complete certification, the Capital Stabilization Fund can more than make up the difference.

            Town Accountant Judy Mooney estimates that Marion has a total of nearly $2,900,000 in its regular Stabilization Fund, $234,450 in its Capital Stabilization Fund, and $370,000 in the School Stabilization Fund.

            Since McGrail has been town administrator, Marion has only added to its stabilization funds, but should free cash not be certified by the October 19 Special Town Meeting, the Stabilization Fund would be the only option for Articles 1 and 2.

            Winters was happy to hear Mooney say she intends to put the money back into the Stabilization Fund in the spring.

            Article 2 asks for the transfer of $35,000 from the town’s Waterways Account to meet the 25-percent matching requirement of the state’s Seaport Economic Council-sponsored grant for the design and bid documents for a new harbormaster facility.

            The state is crediting Marion for its prior investment in the feasibility study as part of its 25-percent match.

            Marion will apply for two more Seaport Economic Council grants, according to McGrail, the first for $1 million and the second for less. A 20-percent town match will be required for the future grant applications, so it has yet to be determined if the town will be in a position to ask voters to appropriate that money at the 2022 Spring Town Meeting.

            In summarizing the town’s commitment to the new grant process for the harbormaster facility, McGrail said it will be an investment of 20-percent of a total cost of $2 million. The tentative plan is to borrow in concert with other projects, the debt service being paid off with Waterways Account funds over a 20-year period.

            The public will be invited to view the proposed footprint as revised from the original pitch in an open house event at Island Wharf.

            McGrail believes that with investment in the Waterways Account over the next five years, the town will also be able to fund a new harbormaster boat without needing to borrow.

            The committee voted to recommend Article 6, the Old Rochester Regional School District Agreement, and Article 7, the creation of ORR’s Stabilization Fund.

            “They’re going to be under the constraints of [Proposition 2 ½],” said Winters, who figures it will be difficult for the school district to significantly build the account. FinCom votes to recommend.

            While it took little to no deliberation to make the ORR-related approvals, the subject sparked big-picture conversation where it concerns the downtrend in student enrollment.

            The Town of Marion is applying on behalf of the Tri-Town to the state’s Community Compact for a grant to conduct a future trend enrollment study in public schools in the district and a study specifically on Sippican Elementary School. The study will include assessment and capital projections, according to McGrail.

            “I think that’s going to be important to manage expenses,” said Marion Select Board member John Waterman, who noted that Sippican was down 40 students last year, and ORR was down 150. “If we’re headed into a period of secular decline in enrollment, I think there is a lot more opportunity to rein in expenses.”

            Waterman anticipates the study informing the town’s elected officials charged with vetting proposed residential projects.

            One of those projects, the Heron Cove residential development proposed by Ken Steen, will, in exchange for allowing an increase in the number of units from 96 units to 120, yield $1.1 million to the town in increased infiltration and inflow (I/I) sewer revenue. The 20-percent affordable housing component puts Marion over the 10-percent state requirement.

            “We feel that this new growth is something that will help us pay for some things like the village infrastructure project when that comes up in a couple of years without having to do tax overrides,” said Waterman, citing the adjacent residential project proposed by Matt Zucker along with Sherman Briggs’ proposed project off Spring and Mills Streets.

            The next meeting of the Marion Finance Committee is scheduled for Wednesday, November 3, at 7:00 pm.

Marion Finance Committee

By Mick Colageo