Despite Marion Planning Board Chairman Will Saltonstall’s statement insisting that he supports Sherman Briggs’ proposal for a 28-unit townhouse-style development off of Spring and Mill Streets, progress was at a standstill during the September 20 continued public hearing.

            “I am pretty frustrated. I am an advocate for this project … but there’s ton of information we need,” said Saltonstall.

            Briggs’ representative, Steve Poole of Lakeview Engineering Associates, appeared before the Planning Board on Monday night expecting to read a list of waiver requests for the board’s consideration, but the conversation didn’t get that far.

            “When I look at the applicant’s request to weigh in on some of these waivers, I’m not sure we can at this point. Obviously, this is a density issue, we’re talking about density,” said Saltonstall. “My opinion, there’s some really big issues here. … There’s a direct relationship between the density and the stormwater. … I’d rather take that up now than give the impression we’re moving towards closure.”

            Planning Board member Norm Hills said that, of 44 concerns brought to the board by peer-review consultant Beals and Thomas Inc., 27 of those matters remained unresolved as of Monday night.

            Referencing serious concerns about stormwater management relative to the residential density of the project, Saltonstall suggested reviewing Fire Chief Brian Jackvony’s comments individually. Saltonstall also complained that the PDF files submitted by Poole were losing too much resolution upon magnification. Board member Eileen Marum concurred.

            Marum reported that Jackvony said the 18-foot proposed access road is too narrow for emergency access. Regarding the stormwater report, Marum said that no location was listed for the two defined discharge points.

            Poole said that the site will contain the majority of the runoff and that a small amount of runoff will flow onto Spring Street, but most will run off-site to an area north and northwest of the project into the woods and into a low area between the site and the future rail trail. Poole did not dispute that runoff will be greater in a 100-year storm, but he insisted it “won’t go anywhere where it’s going to affect anything.”

            Saltonstall asked Poole to produce more drawings. Poole told the board he was in the process of finishing up his response to Beals and Thomas but had been delayed by problems with the computer-automated drafting program on his computer. Poole said the CAD problems are hopefully resolved and he anticipated sending back a response by the end of the week.

            When the floor was opened to the public, Joe Falconieri, 15 Pitcher Street, asserted that the area of Briggs’ project “floods more with standing water more than any area between here and Mattapoisett. I think it’s a standing (water) issue. … I’d be very concerned with density at this site.”

            Hills said there is a vernal pool in the area.

            John Rockwell, the chair of the Open Space Acquisition Committee, suggested during open comment that the rate of stormwater runoff is not as important as the volume. “Infiltration structures always clog up,” he said.

            The board voted to continue the hearing to Monday, October 4, at 7:10 pm via Zoom.

            The Community Outreach segment of the meeting quickly turned into a contentious argument between, on one side, Hills and Marum (the latter acting as chair because Saltonstall had to recuse himself from participation) and on the other side several abutters who were furious over the board’s approval of construction of a pier at 122 Register Road that they say is interfering with the safe passage of boats in Wings Cove.

            Earlier on Monday, the town posted at marionma.gov a report from Harbormaster Isaac Perry concluding that the dock project, with reduced length, would have little to no impact on navigation to and from the Wings Cove boat ramp.

            The abutters attending Monday night’s Zoom meeting disputed the report’s findings, and multiple attendees accused the applicant’s engineer of misrepresentation.

            Describing himself as a merchant marine officer and marine engineer, Chris Madden, 323 Point Road, said, “There’s no way I could get past that dock as in the plan. … You have to hug the southern side to get out.”

            Peter McManmon agreed, asserting that the safe way for a motorized boat to leave Wings Cove is to hug the right side. “The notion that there are other ways in and out of that cove is frankly irresponsible,” he said.

            When Hills’ efforts to explain that the public hearing on the matter had closed months ago were met with a barrage of interruptions, comments, and more questions, Marum asked for a motion that the public hearing not be reopened. She cited February 11 and February 18 as the two dates a legal notice advertising the public hearing appeared in The Wanderer and stated that abutters had been notified, that the Division of Marine Fisheries made no recommendation, and that the Army Corp of Engineers, DEP, Conservation Commission, Perry, and Building Commissioner Scott Shippey all approved the plan.

            Some of the abutters insisted they were not notified.

            Marum’s efforts to put a time limit to the discussion were met with more arguments, and Hills stepped in.

            “This is not supposed to be a free for all…. Get your act together and have a representative. … The Planning Board has a process,” he said. “The point is we can go further, but it has to be at a scheduled meeting. … This is not to get your grievances; this is to bring out comments.”

            “Let’s be reasonable. [Hills is] offering us an opportunity,” said Madden. “We could try again to collectively present our thoughts.”

            Board member Chris Collings encouraged the group to present a coherent argument. Hills instructed them to contact administrative assistant Terri Santos to schedule a meeting for discussion, but such a discussion would not constitute reopening the public hearing.

            In answering another abutter, Hills said of the dock project, “They can do construction on the dock so long as it’s not out on the water.”

            In other business, the board voted to pay Beals and Thomas, Inc. $1,384.81 for peer-review work and $126 to The Wanderer for legal notices.

            In a 7:05 pm public hearing, the board voted to approve the Codification Zoning Bylaw changes for Marion’s October 19 Special Town Meeting.

            In other business, the board voted to accept the Approval Not Required (ANR) application filed by Washburn Electric to create two small parcels of land from a larger parcel.

            The next meeting of the Marion Planning Board is scheduled for Monday, October 4, at 7:00 pm.

Marion Planning Board

By Mick Colageo

            As engineer David Davignon of Schneider, Davignon, & Leone, Inc. ended his commentary on why the Mattapoisett Zoning Board of Appeals should grant his client a variance, emotions bubbled up and over.

            Coming before the ZBA on September 16 was David and Lois Monteiro, 35 Mattapoisett Neck Road, with a request for a variance that would allow a contiguous lot owned by the couple to be developed for residential living.

            Davignon explained that the lot had been a buildable lot for more than 30 years before a zoning bylaw change rendered the usage of interior measurements to meet frontage requirements null and void. He said the frontage was shy a mere 2.8 feet or 147 feet versus the current zoning requirement of 150 feet.

            “In 2008, zoning changed,” Davignon stated. But earlier regulations had allowed a lot that met frontage requirements deeper into the lot to be permitted. He said the change had been made to eliminate what were considered oddly shaped lots or “pork chops” from being built out. He said his clients had purchased the potentially three-lot parcel that sits on the corner of Locust Street and Mattapoisett Neck Road in good faith that the lot could be sold and developed.

            Continuing on with his pleadings on behalf of the Monteiro family, Davignon said that the lot is being taxed as a buildable lot and that, even though there is adequate frontage on Locust Street, that cannot be factored into the plan. Davignon explained that it would be possible for the lots to be developed if his client chose to put in a paper road to meet the needed frontage requirement but that they simply wanted to sell off the single lot.

            Director of Inspectional Services Andy Bobola said, “The Monteiros, through no fault of their own, have always believed it was a buildable lot.” He said plans could be filed for a Form C subdivision.

Both Davignon and Bobola confirmed that the plan in question would not include a driveway with access to Locust Street.

            Abutters were not pleased.

            Diane Medvec and Ted Nolte of 9 Locust Street, located at the end of a cul-de-sac,

questioned the variance filing based on the stated financial hardship of high taxes, saying that if the appeal was denied, the assessor would change the tax rate to that of an unbuildable lot.

            Lois Monteiro said that they purchased the property because they had been told by their realtor that the lot being discussed was, in fact, buildable, that taxes were making it impossible to remain in their home (an existing structure on the parcel), and that they had always planned to sell it for financial reasons.

            This line of questioning was too much for David Monteiro, who swung around in his front-row seat to face Nolte, angrily saying, “What’s the benefit to you, Ted? You’ve been nothing but a (inaudible) since we moved in! What’s the benefit, Ted?” ZBA Chairman Sue Aiken interceded, saying, “No, Mr. Monteiro, no; we don’t do that here,” admonishing him several times before Monteiro faced forward, composing himself and remaining silent for the balance of the proceedings.

            Another abutter, Wendy Lessard, said that she had invested in the community solely because her realtor had said that the Locust Street lot could never be built upon, that it would always be a green space.

            Davignon countered that realtors say many things that might not necessarily be true.

            In the end it came down to the size of the variance, the 2.8-foot difference. The board unanimously approved the request with the condition that a line of trees along Locust Street remain in place for screening from the proposed development.

            In other business, Keith Silvia, 3 Hunter’s Lane, sought a variance for relief of a road setback for a bedroom addition needed for the homeowner for medical reasons. The request was unanimously approved. Also approved was a Special Permit as submitted by Jessica Nicolosi, 5 Perkins Lane, for an oversized accessory structure.

            If hearings are planned, the next meeting of the Mattapoisett Zoning Board of Appeals will be scheduled for Thursday, October 21, at 6:00 pm.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

            Ultimately met with approval in the September 9 meeting of the Marion Zoning Board of Appeals, Ken and Darla Parsons’ application for a special permit to tear down and replace an existing, one-story cottage and garage at 27 Dexter Road with a new, two-story house and garage along the Weweantic River in compliance with FEMA regulations typifies the region’s ongoing transformation of seasonal, coastal neighborhoods originally developed over a half-century ago into year-round residences.

            Only the Parsons case struck a chord for ZBA member Dana Nilson who, in noticing the trend, said, “I don’t have a problem with the height…. There’s a lot of two-story homes over there now. I am struggling with why [the applicants] haven’t been able to maintain the setbacks that the zoning requires, especially the side setbacks.”

            Nilson said a different house design would allow the project to meet the 20-foot side setback standard by attaching the garage and thereby canceling the 14-foot gap between the structures.

            Representing the applicant, Dave Davignon of Schneider, Davignon, & Leone, Inc., pointed to Section 230-6.1e of the Marion zoning bylaw and offered the interpretation that projects are typically approved that improve on the non-conforming setbacks. “The structures could be joined, but that’s not what we have now. It would change the whole dynamics of the lot and being able to see through to the water,” he said.

            ZBA member Margie Baldwin had first asked about the trend from existing cottages toward year-round residences and the collective impact on the issues that fall into the Conservation Commission’s purview. Davignon reported to the ZBA that ConCom voted the night before the ZBA met to green-light the project.

            With 93 feet of frontage along Dexter Road, the 21,780 square-foot lot laid out in 1944 is non-conforming with today’s zoning standard. The proposed house and garage will increase the construction footprint from 8 percent to 13.7 percent. The proposed two-car garage, to be set back several feet farther from the road than the existing garage, measures 24 feet wide and 30 feet deep. Davignon says the proposed designs will improve on the existing non-conformities.

            Facing the street, the 27.5-foot height of the proposed house is below the 35-foot limit, but because the lot slopes toward the water, the house will appear to be taller. Davignon said there will be no living space down below; it will mainly be used for storage.

            The design puts the proposed house in the same general location, the deck no closer to the Weweantic River at 128 feet away and the house farther away because the proposed deck is larger.

            “This week it was a 13-foot setback, next week it’s going to be a 9-foot setback, and the week after that it’s going to be a 6-foot setback and we’re going to get caught. I just think we need to make sure we’re trying to do what’s right by the bylaw and so forth,” said Nilson.

            ZBA member Margie Baldwin agreed, citing the repetitive nature of such cases in Marion. But administrative assistant to the board Anne Marie Tobia harkened back to a statement made by Town Counsel Jon Witten: “There’s no such thing as precedent in land use. Every case has to be determined on its own merit,” said Tobia, expounding on the application to the current case. “This one was what it was; it doesn’t mean it’s opening the door for everybody to have 13-foot setbacks.”

            Building Commissioner Scott Shippey elaborated on Tobia’s comment, noting that the application of Section 230-7.2, the six criteria that the ZBA is charged to use for a basis of deliberation on such matters, include and address the concerns taken up by Nilson and Baldwin.

            “This is an important decision based on how we proceed with addressing the bylaws in town and in these neighborhoods, and how many McMansion homes get built – and that’s not a bad thing, necessarily – I’m just saying I want to make sure I feel comfortable, and I’m really trying to follow the bylaw as it’s supposed to be done and not squeak in a house just because it’s an inch further over the lot line or the setback line,” said Nilson, noting a substantial size difference in the proposed house and garage.

            Davignon took issue with the “McMansion” comment.

            “I’d just like to point out some numbers. The first floor – this is not a McMansion – the total living space proposed is 2,228 square feet, 1,363 of which is on the first floor,” he said, asserting that the first-floor living space totals just over 2,000 square feet, including the deck and the porches.

            Nilson stood his ground based on the proposed house having an additional story, but Davignon pointed out that the neighborhood had been originally developed from 1945 to 1962. “This is actually modest compared to other homes,” said Davignon, relative to the redevelopment typical to the neighborhood. “I don’t think 2,200 feet of living space is out of character for today’s day and age.”

            “I’m not going to disagree on that,” said Nilson.

            Though the matter falls outside ZBA purview, Davignon began his discussion of the project by explaining the LiMWA (Limit of Moderate Wave Action) zone to the board, saying that from approximately 5 feet east of the deck toward the water, “You’re in a velocity zone; you’re subject to wave action that could approach elevation …”

            The LiMWA, he said, was created as an extension overlay of the velocity zone where moderate wave action could occur. The current first-floor cottage, Davignon said, is nearly 3 feet out of compliance.

            While Marion has not adopted the stricter regulation mandating Velocity Zone building standards anywhere inside the LiMWA line, standards that Davignon said would necessitate an open-concrete column foundation that would double the cost, the Marion ZBA, he said, is limited in its scope to enforce the currents zoning standard of an AE elevation of 16 feet (base flood elevation requirement).

            The utilities serving the existing cottage are also located below the 14.1-foot base flood elevation of the first floor. The garage is similarly out of compliance.

            The Parsons and architect Michael Silva had technical problems accessing the meeting and, upon joining over 40 minutes in, were encouraged to comment before the public hearing was closed.

            Silva said he thinks the proposal fits well with the surrounding architecture. In answer to Hoffer, Silva said conforming setbacks were not considered because an attached garage would have rendered the front yard a driveway.

            Parsons told the ZBA he is a sixth-generation resident of Marion and that his grandfather built one of the first cottages on Dexter Beach in 1948. He recently moved his family back from Texas with the desire to keep the home on nearly the same footprint.

            In addressing the concerns articulated by ZBA members Nilson and Baldwin, Chairperson Cynthia Callow affirmed both perspectives and asked the general question, “Where do we draw the line?”

            “I don’t think it’s our job to start proposing redesign of how a house’s structure is built,” said ZBA member Ed Hoffer.

            Citing a hypothetical extreme, ZBA member Will Tifft said the board should be able to declare the proposal of a 10-story structure “inappropriate,” but considers the Parsons’ proposal “fine.”

            “If someone wants to build a space needle, I think that would definitely exceed the height requirement,” said Hoffer. Shippey concurred.

            Citing general requirements listed in Section 232-7.2, Shippey instructed the ZBA after the closing of the public hearing to use the six criteria in 232-7.2 to base a decision on approval or disapproval of a special permit.

            The ZBA also voted unanimously to grant applicant Efstathios Papavassiliou a special permit under Section 230-6.1c to construct a garage addition to an existing non-conforming residence in a flood zone at 182 Front Street.

            Represented by Tristan DeBarros of Saltonstall Architects, Papavassiliou collaborated with abutters Ray Cullum and Tabor Academy Head of School Tony Jaccaci on coming up with an exact location that would suit everyone’s interests, including that of the applicant.

            With its entrance on the side rather than facing Front Street, the two-story garage is planned with upstairs space for an unfinished storage area but one that would have the potential for living space. Board members were pleased to see the side entrance.

            The tallest existing point of the existing house is 21 feet; the proposed garage is 2.5 feet lower at its highest point.

            Asked by Hoffer, Shippey said the nature of the use of any proposed living space on the second floor would determine whether the applicant has to come back before the ZBA. Office space could be constructed by right.

            The next meeting of the Marion ZBA is scheduled for Thursday, September 23, at 7:00 pm.

Marion Zoning Board of Appeals

By Mick Colageo

            In her September 21 report to the Marion Board of Health, Public Health Director/Nurse Lori Desmarais announced that Marion had 29 COVID-19 cases in August, and so far in September there have been 24.

            Of the 24 September cases, 12 cases were active as of Tuesday’s BOH meeting. Of those 24, six positive cases were with vaccinated people. Of those 24, three are with school-aged children, but no numbers were available on exposures via close contact in school. As far as Desmarais knows, all close contacts for those three positive tests have been outside of school.

            Board of Health Chair Dr. Ed Hoffer asked if all the positive cases are symptomatic. Desmarais answered in the affirmative but said they are not having a lot of symptoms. There are a few people who are displaying a lot of symptoms, but for the most part the symptoms are mild or moderate, according to Desmarais.

            Desmarais also reported that Tabor Academy will conduct surveillance testing for COVID-19 through September, and Desmarais will touch base with the prep school after the period ends.

            A flu shot clinic will be held on Thursday, September 30, from 12:30 pm – 3:30 pm at the Cushing Community Center in Marion. Enrollment is by appointment with Administrative Assistant Maureen Murphy, who will send applicants a link to register online. Desmarais told the board a press release was set to go out on September 21 and an email blast on September 22.

            The clinic will be conducted by appointment for staffing purposes, “But if someone comes (in without an appointment), we can probably do that also,” said Desmarais, who will go out to administer flu vaccine to homebound residents.

            The COVID-19 booster shot may be coming to Marion, Desmarais reported, noting a Pfizer-brand booster has been approved for ages 65 and over. Desmarais said she is waiting on word from the Food and Drug Administration regarding high-risk candidates over age 60. It is not known when the Pfizer booster shot will become available, but Desmarais said the town will be able to administer the vaccine in Marion.

            Hoffer said that the latest data shows the Moderna vaccine seems to be better than the Pfizer, and that the antibody levels are approximately double. “Hopefully, the community will last a little longer before we get approval for a booster,” he said.

            Board of Health member Dot Brown told the board she was asked for advice on a brand for a booster shot. “Nobody’s really tested the mixture,” she said.

            “It’s purely speculation; nobody’s tested it. The one that nobody’s approved is the Johnson & Johnson,” said Hoffer.

            The positive test for West Nile virus in a Marion mosquito was north of Route 195, and Plymouth County Mosquito Control sprayed the area on Monday. Desmarais advises residents to wear mosquito repellents and to avoid standing water, especially at dusk and dawn.

            Brown wants to make sure that, in farming out the management of its septic-upgrade residences to Barnstable County, that the Town of Marion has a backup database, something she hopes would not be difficult to establish since every bit of Marion information that Barnstable County uploads into its system is received from Marion.

            “That’s the information we provide, so we have that information,” said Brown. “I hope that … we will have a database of our own that we can connect. That’s why I wanted to make sure we have a procedure to have that exact same information.”

            Desmarais reported that Marion has received the ability to access the information in the Barnstable County database that will work at no cost to Marion in an effort to study the south-facing coastline where it concerns the installation of denitrification technology. Barnstable County will look over newly installed I/A systems to ensure they meet the state’s standards.

            Hoffer and fellow board member Dr. John Howard are confident in that scenario.

            Desmarais told the board she has received a complaint about parents smoking at bus stops in town. She said regulations only address public buildings.

            “I’m certainly sympathetic about second-hand smoke, [but] I’m not sure we have any regulatory power over outside smoking,” said Hoffer, who will collaborate with Desmarais on drafting a short announcement asking residents to “please respect others while waiting for the bus.”

            The next meeting of the Marion Board of Health is scheduled for Tuesday, October 5, at 4:00 pm.

Marion Board of Health

By Mick Colageo

            The proposed Randall Lane solar array had not one, not two, but three public hearing moving parts scheduled to begin at 7:30 pm. After handling several agenda items, others were moved up to fill in available time before the advertised public hearing began. The resultant delay in the public hearing was 30 minutes, and once it was reopened, the board and applicants found the remaining 1.5 hours insufficient for the number of questions raised.

            Part one of the public hearing of applicant Randall Lane, LLC’s plans was to determine if provisions of the Mattapoisett Zoning Bylaw Article 8, Regulation of Activity in a Flood Hazard Area, were being adhered to in the plan of record. Previously, the southwest corner of the acreage planned for solar development was within a FEMA designated floor plain, part of the Mattapoisett River Valley.

            Eric Las of Beals and Thomas, Inc., the applicant’s engineering partner, said that the solar field has been reduced from 7.5 megawatts to 7.4, leaving just a small, fenced area still within the FEMA floor plain. Planning Board member Karen Field voiced her concern regarding heavy storm events and potential flooding from the river. Las pointed out that between the 2012 FEMA maps and the 2020 updated maps, no noticeable changes in the flood plain had been found.

            Member Janice Robbins discussed the need for a checklist from the applicant, a permitting checklist to ensure that all regulations and associated permits were being addressed for work within a flood plain. She also asked for independent verification of all matters relating to the flood plain. After further discussion and no further questions being presented by the board, Chairman Tom Tucker closed discussion on the topic.

            Next up was a request for issuance of an ANR (approval not required); this topic would consume the balance of the evening’s meeting.

            The plan calls for the subdivision of the massive acreage into four lots with frontage on Randall Lane to meet zoning requirements for land development. But the road in question, Randall Lane, became a major sticking point in the discussions.

            Attorney Gregory Sampson, representing the applicant, said the roadway is an existing traveled way and, if deemed suitable for the proposed use and acceptable to the fire department, should be acceptable for the subdivision plan. He said that the subdivision permit language would include that the lots would solely be for solar development, not residential development, and that use of the road for said solar activity would be minimal after construction.

            Las stated that in most projects in which he has worked, a 16-foot roadway has been permitted. Field considered that width to be inadequate for emergency vehicles, but Tucker said in his conversation with Fire Chief Andrew Murray that the latter confirmed 16 feet width as acceptable.

            Robbins was uncomfortable with granting an ANR restricted to solar use during its 20-year lifespan, saying, “I’ve never seen this done before.” She said it wasn’t a normal subdivision and therefore town counsel should be involved. “Can we limit use to just solar? When the solar ends, can we enforce the restriction?”

            Robbins questioned what would prevent another type of use. “The applicant is asking us to permit a narrow gravel road. The issue is the quality of the road. Shouldn’t it be the same type of roadway we’d want in another subdivision? I’ve never seen that. How is it enforceable?” she asked.

            Sampson responded that in the ANR handbook such subdivisions are permissible. Las said that in the past his firm had been forced to make bigger roadways on projects, but the disruption to the landscape was great.

            Abutter Chris Brockwell asked how long the construction cycle would take; Las said approximately four months. Brockwell also voiced concerns over the roadway, saying of the project, “This isn’t a positive, it’s a negative.” He said that two-way traffic was impossible on the lane. Veronica Brockwell pleaded for someone to hear their concerns. “Please hear us, we live here. There are people making decisions, but they don’t live here,” she said.

            The Brockwells said there were concerns over traffic on the lane, especially given that they own a horseback riding stable and give lessons and need to use the lane for the transport of live animals.

            Las said that during construction, the largest construction-related vehicle would be 33 feet long and that the stone bridge, lauded for it historical significance since the beginning of the application, would not be used to transport materials to the construction site. Tucker said that one of the conditions that will be imposed on the project, if permitted, would be a traffic officer at the entrance of Randall Lane during construction hours.

            Bill Madden of G.A.F. Engineering, representing the Brockwells, asked the board to consider if “the road is suitable, width-grade construction.” The current condition of the lane needs to be documented, he stated.

            The ANR was continued until October 4 and extended until October 26. Considering the late hour, the third part of hearing, site plan review, was continued until October 4 and extended until October 26.

            Earlier in the evening, the board accepted a planting plan for property located along Old Crystal Springs Road for applicant Ryan Correia. The board also approved an ANR plan submitted by Ned’s Point Nest, LLC managed by Hilary Prouty.

            Snowfield Estates, represented by John Mathieu for a covenant release, was continued until October 4 pending verification by peer consultant SITEC that 16 outstanding items have been completed.

            Also, Scott Snow came before the board to discuss release of one or more lots in the Eldridge Estates subdivision off Prospect Street. He said the roadway has been completed and that the project was 95-percent complete. The board requested a written easement agreement with an abutting landowner for the placement of private utility poles and an updated site plan. The hearing was continued to October 4.

            The next meeting of the Mattapoisett Planning Board is scheduled for Monday, October 4, at 7:00 pm at a location to be announced.

Mattapoisett Planning Board

By Marilou Newell