The Marion Zoning Board of Appeals learned on February 25 that Heron Cove Estates developer Steen Realty Development Corporation plans to increase the size of its proposed Wareham Road 40B development after purchasing a number of abutting properties.

            The developer’s attorney, Mark Bobrowski, informed the ZBA in a letter dated February 19 that the latest plan is to expand the project by adding 24 units alongside the previously proposed 96 units. Bobrowski’s letter asked the board to continue the public hearing until April 8, which it did after a brief discussion on the matter.

            ZBA Administrative Assistant Anne Marie Tobia told the ZBA that Steen Realty Development had recently purchased two more lots situated in front of the proposed development. She said she did not have any further information on the plan’s changes other than what was stated in Bobrowski’s letter, but added, “I know that there are some major changes” that will result in a resubmission of the plan and readvertising of the public hearing.

            Bobrowski suggested in his letter that a changeover in ZBA members is another reason to readvertise for a new public hearing. Furthermore, he wrote, “The Board of Selectmen has suggested several ‘mitigation’ measures as part of its [Local Initiative Project (LIP)] endorsement. My client needs to finalize these measures with the board before we return to the ZBA.”

            Once that is done, Bobrowski wrote that the developer must also finalize the changes with the Department of Housing and Community Development (DHCD), the subsidizing agency for the affordable housing development.

            Heron Cove Estates will be Steen Realty Development Corporation’s (formerly called Baywatch Realty) second 40B affordable housing development in Marion. The 60-unit Marion Village Estates was completed in 2015. The abutting Sippican Woods subdivision, a mix of 36 affordable and market-rate houses, began construction in 2016 as part of the same 40B project.

            The next meeting of the Marion Zoning Board of Appeals is scheduled for Thursday, March 11, at 6:30 pm.

Marion Zoning Board of Appeals

By Jean Perry

            The Rochester Conservation Commission continued its discussion from prior meetings relating to the Makepeace Enforcement Order. Bill Madden of G.A.F. Engineering, representing the response to the Enforcement Order, provided an update to commission members on March 2 on the progress being made before a formal Notice of Intent filing.

            Madden explained that he has been working closely with his team to confirm that any of his plans for proposed work clearly communicate the work necessary to meet the Enforcement Order conditions. Further, Madden told commission members that he would provide detailed topographic data from the site for any disturbed areas.

            Rochester Conservation Agent Laurell Farinon explained that she, alongside Town Counsel Blair Bailey, met with Madden to discuss their concerns with the initial plans. Farinon communicated her understanding of how eager Madden and Makepeace were to meet the requirements of the Enforcement Order but ultimately argued for the importance of taking the time to properly delineate the areas that were impacted on the new plans. For Farinon, properly substantiating the impacted areas is a necessary step in preparing an effective restoration plan. The commission will conduct a site visit to view the disturbed areas in the field as it awaits Madden’s updated plans.

            Steve Meltzer of Edgewood Development Company, LLC came before commission members to request an extension for an order of conditions for work completed on Kings Highway Bituminous Concrete Production Facility that was initially ordered in 2011. The order of conditions has been consistently extended until the present day due to a series of legal challenges surrounding the project.

            The most recent extension expires on March 22, causing Meltzer to seek another extension for the project. Lauren Gluck, a wetlands scientist working on the project, explained that in her visit to the site, she did not identify any factors that have changed the delineation of wetlands areas as they were made for the initial filing back in 2011.

            Farinon spoke with Bailey and determined that it would be in the commission’s best interest to treat the application for the extension as if it were a new filing due to the legal challenges the project is facing. Commission members agreed to fully review the application for the extension and continue the request for the extension until their next meeting.

            Brian Grady of G.A.F. Engineering, representing Steve Morrell, opened a public hearing for proposed work to expand an existing shooting range and instruction facility near County Road. Morrell explained that he is looking to improve the range to make a safer experience and foster a better training environment.

            Morrell explained to commission members that he has been doing this kind of work for the past 20 years. The updates to his range will allow him to meet law enforcement and military demands and expand his business opportunities.

            The proposed work involves filling 5,000 square feet of wetland area that is in the center of the property. Grady explained that this wetland area came about as a result of sand removal on the site and over-excavation in the area. Brian Holmes, also representing the applicant, explained that a replicated wetlands area would be created to compensate for the land being filled in. “We are looking to create an enhanced wetland value by updating the better portions of the existing wetland areas,” Holmes told commission members.

            Farinon explained that it is common that, in an attempt to remove sand from an area, workers excavate too deeply and create these kinds of wetlands. “This is a site that I have been involved with for a long time,” said Farinon. “We really need to see the site in order to do a proper evaluation.”

            Farinon ultimately hopes that the work will result in something better than what exists right now. She suggested that the applicant be advised to push work farther away from the 25-foot no disturb zone and work to protect the high-quality areas of the wetlands. With that, the commission voted to continue the public hearing until its next meeting.

            The next Rochester Conservation Commission meeting is scheduled to be held on March 16 at 7:00 pm.

Rochester Conservation Commission

By Matthew Donato

            Mattapoisett’s Planning Board discussed the important work of updating the town’s Master Plan during its meeting on March 1.

            Chairman Tom Tucker spoke to the discussions that have already taken place on chapters of the document, such as housing and economic development. Looking forward, he said that on March 2, the chapters on cultural and natural resources, open space, and recreation would be explored.

            A Master Plan is used by municipalities to assist a community in identifying areas of growth potential, improvement, and long-term goals. Volunteers to the process review current planning documents with an eye towards updating them through a consensus process. Once completed, a draft will be given to the Planning Board for further review. A fully vetted document will be presented at Town Meeting.

            Acting as town planner in the short-term, former Town Administrator Mike Gagne urged residents to take an active role in the process. Although the committee has been set since last January, public input is the key to a successfully completed document, he said. A website has been set up by Southeastern Regional Planning and Economic Development District (SRPEDD), which is assisting the town throughout the process. Complete details can be found at srpedd.org/community/Mattapoisett.

            The board members also reviewed drafted language for a new Solar Bylaw and updated Flood Hazard Zoning. The necessity of including all FEMA maps, whether modified or existing, was noted for inclusion. Also, ground-mounted solar installations must be added as a section in the draft document or noted as outside the board’s purview. Public hearings for both are planned for April 5.

            In other business, one application submitted for an Approval Not Required for property located at 18 Crystal Springs Road, filed by Raymond Hicks, was approved.

            All other applications were continued and the filings extended. Those included: Randall Lane, LLC for a site plan review of a proposed solar array continued to March 15 and extended to April 19; Park Lane Extension for subdivision review filed by Andre Rieksts, Scott Atkinson, and Margo Wilson, continued and extended to April 5; modification of a Form C Definitive Subdivision, Selha Way, continued to April 4 and extended to May 3; 0 Randall Road, Form C subdivision plan, filed by Stephen Randon for property owned by Carl Hubacheck continued to March 15 and extended to April 19; and a Form A Not Required for property owned by Ryan Correia and located on Crystal Springs Road, continued to March 15.

            The next meeting of the Mattapoisett Planning Board is scheduled for March 15 at 7:00 pm.

Mattapoisett Planning Board

By Marilou Newell

            W. Dale Jones made an unusual filing with the Marion Conservation Commission during its February 24 Zoom meeting that led to some education for the meetings’ viewers.

            In a public hearing, Jones filed an Abbreviated Notice of Resource Area Delineation (ANRAD) to review and confirm the wetland resource area (BVW) boundaries at the vacant lot on Register Road.

            “We don’t get many ANRADs,” said ConCom Chairman Shaun Walsh, who explained the difference between an ANRAD and a Request for Determination of Applicability (RDA). “What an ANRAD does is it asks the wetlands commissioner to approve the wetlands delineation…. The commission may say, ‘Thumbs up, you nailed it, the delineation is accurate and we’ll issue an approval of that wetlands delineation.'”

            Good for three years, the ANRAD assures the applicant of where they can build or at least where they might be allowed to build. Walsh qualified that explanation by noting that any activity that occurs within 100 feet of a resource area would still be subject to further permitting before ConCom, either via an RDA or Notice of Intent (NOI). Sometimes, Walsh explained, people seek an ANRAD so they can more readily sell a piece of property.

            Saturday’s site visits were covered in snow. “It was impossible for the commission to really evaluate the wetlands line as it’s been flagged,” said Walsh. ConCom intends to try again on Saturday, March 6. “This is a fairly extensive wetland system, so we really need to walk the line and make sure that we agree” on that wetland line.

            Walsh instructed the applicant’s representative that if the commission issues an Order of Resource Delineation (ORAD) and the property owner then decides on any activity, if the work is intended within 100 feet of the wetlands line, such activity would require a new filing with ConCom.

            The public hearing was continued to March 10 at 7:00.

            Two separate but identical continued public hearings came to a positive conclusion during the meeting, as ConCom member Jeff Doubrava, 47 East Avenue, and John A. & Carole F. Whittemore, 51 East Avenue, had both filed Notices of Intent to improve access from to the waters off Planting Island Cove, Sippican Harbor, and Buzzards Bay for recreational boating, fishing, and swimming by removing the bottom-anchored chain system with a plan to replace with a pile-held anchoring system.

            The commission unanimously voted to issue an Order of Conditions to both applicants, approving their plans. A special condition stipulates that all work shall comply with the project narrative in the Notice of Intent.

            Doubrava recused himself twice from his role as a commission member for the public hearing, first for his own public hearing and again as a direct abutter for the Whittemores’ hearing.

            Fikile Portia Ndlovu filed an RDA for the construction of a single-family house in accordance with National Flood Insurance Standards within a FEMA flood zone AE16 at Wilson Road.

            Aaron Grady represented the applicant and described the project. Grady said he had met with Building Commissioner Scott Shippey. Walsh called it a “pretty straight-forward project.” The public hearing was continued until March 10.

            Applicant Michael Isabelle filed an RDA to install a single-story shed to house pool equipment at 196 Point Road. The public hearing was continued until March 10.

            ConCom anticipated comments from the Planning Board on a major site plan review for the application filed by Sherman Briggs and Hamblin Homes Inc. for Briggs’ proposed 28-unit residential development on Spring Street near Mill Street.

            Briefly discussing the split-rail fence proposed near Silvershell Beach, Doubrava told fellow ConCom members that no other FY22 Community Preservation Commission applications come into ConCom’s purview.

            The next meeting of the Marion Conservation Commission is scheduled for March 10 at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

            During the February 25 meeting of the Mattapoisett Marine Advisory Board, Harbormaster Jamie McIntosh discussed the importance of reviewing waterways fees.

            McIntosh has been making the rounds during the FY22 budget season, meeting with various boards, including the selectmen, to share the good news on completed projects and departmental services to boaters and express his growing concern over a very slim retained earnings figure.

            Chairman Carlos DeSousa opened the discussion by saying that when the board was considering expanding the harbormaster position from part-time to full-time, financial projections were only covered through FY20. DeSousa said the time has come to look at fee increases.

            McIntosh said that the department had been level-funded for the past two years but that, looking to FY22, projects for the waterfront need to be funded. He also noted that the department had taken on new duties such as management of the aquaculture program and possibly oversight regarding shellfishing in local waters, adding to the number of staff hours the enterprise fund would need to cover.

            McIntosh shared that a recent meeting with the Board of Selectmen produced a request to review the indirect costs currently assessed at over $70,000, a sum that further eroded retained earnings.

            The harbormaster said that a 20 percent, across-the-board increase is needed. “It is my feeling we are going to need this increase just to stay above water,” said McIntosh, who also suggested that, if the increase is accepted, an annual increase of 2 to 3 percent be put in place that would help to maintain the department. “I don’t think 20 percent is too much.”

            The discussion also covered such topics as increased staff hours during the peak boating season, hours spent in shellfish management, and projects waiting in the wings for funding such as repairs to Long Wharf, pilings for the timber piers, and dinghy dock expansion. McIntosh said that during FY21, Cares Act funding helped with increased staffing hours, which were needed to keep high-contact areas sanitized. Those funds would not be forthcoming in FY22, he said. “We can’t sustain this [department] without an increase,” McIntosh told the board. The fees increase was unanimously supported and will now head to the selectmen for their review.

            The current waterways fees stand at (sticker per foot): residents $2, non-residents $5. seniors $1; waterways-usage sticker fee $60; all-inclusive commercial dock/float/sticker fee $210; commercial mooring $70; town slip and timber pier fee all-inclusive $50 per foot; skiff fee $150, seniors $75; small boat fee $50; and kayak permits $50.

            McIntosh also updated the board on the long-awaited dredging project. He said that delays in receiving permits from the Massachusetts Department of Environmental Protection will mean the project will not take place until next fall, but that the delay has also given him time to re-evaluate costs to lower the final figure. He also said that work on dinghy docks should be wrapped up by April 1.

            Earlier in the meeting, the board and McIntosh discussed security cameras. McIntosh said he had everything in place for $10,000 with cameras planned for the wharf area at Shipyard Park. He said that storage for video would be cloud-based and that focus of individual cameras could be aimed where needed most, including Barstow Wharf. One camera is planned for the majority of the harbor, a second will be mounted on the harbormaster building, and a third at the end of the short wharf. All will be privately viewed by the harbormaster and his staff, he said. Signage is planned, alerting the public that the area is under surveillance.

            Member Jack Duff asked about security during the daylight hours when the summer season begins and what agencies should be brought to control the dangerous and outrageous behavior of congregated teens. Duff said the large, loud groups were intimidating to boaters.

            McIntosh agreed it is a problem and talked about how he had done his best to move the group off the pier, only to have them return a short time later. Police had been called to the scene as well, with the same result; the youngsters returned en masse. No resolution was struck upon, but all agreed it is a problem.

            The next meeting of the Mattapoisett Marine Advisory Board is scheduled for March 25 at 7:00 pm.

Mattapoisett Marine Advisory Board

By Marilou Newell

            The Marion Finance Committee on February 24 wrapped up its review of the Department of Public Works Fiscal Year 2022 budget after meeting with DPW Director David Willett to talk about Highway Department staffing.

            Willett presented data the Fincom had requested to demonstrate how former solid-waste employees have been reallocated to other DPW tasks. Willett brought graphs showing the number of employee hours needed to complete specific tasks on an annual basis – 20,940 – juxtaposed with the 16,816 hours of current employee availability (factored with sick leave and vacation hours).

            The DPW presently has 10 full-time employees, with one position vacancy and one position previously eliminated some time after solid waste was outsourced.

            Willett’s data shows the hours DPW-related tasks require to complete, such as street, park, and cemetery maintenance, and reflects a fluctuation in employee hours needed, depending on the month, with employee hours available. Although the data suggest the DPW is relatively understaffed most months as opposed to overstaffed, variables such as sick leave, vacation time and unforeseen snowstorms, for example, cannot be predicted and therefore cannot give precise measurements of availability relative to work hours required in a given month.

            “In summer, there are more man-hours that we need in order to complete our tasks, but we don’t have that availability,” said Willett, who hopes to avoid the use of additional seasonal employees to keep the budget scaled down, which the DPW did last year, he added. And although former solid waste workers have now been moved into cemetery maintenance and such, there is still a shortfall in available employee hours all around in the summer.

            Willett asked Fincom to keep staff at 10 and revisit the matter after at least a year.

            Town Administrator Jay McGrail said assessing DPW staff reallocation after the trash outsource has been a concern amongst the Board of Selectmen and Fincom. One way the DPW has increased efficiency, he said, was by transitioning Recreation Department Director Jody Dickerson into the temporary role of “interim operations manager” under the DPW umbrella, overseeing parks and recreation.

            Dickerson’s task was to organize the historically separate maintenance of parks and recreation facilities and ballfields that was essentially split between DPW workers and contractors. According to McGrail, Dickerson has combined and streamlined the process, which could result in potential savings.

            “To be honest, it’s been exactly what we needed,” said McGrail. “It’s worked extremely well” and added a “solid go-between” to the process and improved services, he said.

            McGrail said the plan is to keep Dickerson in the interim position and possibly hire a part-time Recreation Department director this summer so Dickerson can continue to oversee the work that two different departments would otherwise have done in the past.

            “It’s gone extremely well so far, and we look forward to this summer where I think that it will really show itself,” said McGrail, later adding that Dickerson’s interim DPW position is not a staff addition and Dickerson’s salary has not increased.

            Fincom member Margie Baldwin, who has experience with parks and cemeteries in Marion, said, “This is very refreshing and very exciting to have Jody in charge.” She described how some Marion locations such as the Town Landing, Old Wharf, and cemeteries have been underserviced for some time. “And to have a go-to person who is a can-do is huge, so, totally it’s appreciated.”

            Willett said after a few years, the DPW staffing arrangement would become clear and balance itself out. “We will find that sweet spot here soon.”

            In other matters, McGrail briefed the committee on the Old Rochester Regional and Sippican School FY22 draft budgets ahead of its next meeting with school representatives. When first presented weeks ago, there was a $120,000 budget deficit, but McGrail was happy to announce that the schools have worked “to get us to the point that we now have a balanced budget.

            “I do want to commend them for listening to us, hearing our concerns, and redoing their draft budgets to get to a place where we’re able to have a balanced budget in Marion with what I would say is one of the smallest increases that the town has seen in a long time overall from FY21 to FY22,” said McGrail.

            Later in the meeting, Marion Selectman John Waterman brought up his desire to undertake a comprehensive study to project student population growth over the next 10 years. Fincom was discussing the school-choice program relative to ORR’s request to maintain its current level of 103 school-choice slots for the next academic year. Waterman said he had been asking for such a study for years to determine whether the school district should continue to use school choice to maintain its current student population or downsize relative to a decrease in students.

            Baldwin made a disparaging remark related to the topic at Sippican School and asked the committee to consider her position as it seeks to reconcile school choice with funding for social-emotional and psychological student services. Fincom Chairman Peter Winters commented that the district has “no control over what level they (students) are coming in at,” and Waterman remarked, “We have to take whoever comes, and I think that’s a concern.”

            Waterman commented that the new affordable housing development would inevitably bring up to an additional 30 students to the region, a consideration that should be included in a 10-year student-enrollment study.

            The Marion Finance Committee scheduled another meeting for Wednesday, March 3, at 7:00 pm. The plan for a joint meeting with the Board of Selectmen to discuss the ORR and Sippican School budgets was postponed until Wednesday, March 10, at 7:00 pm.

Marion Finance Committee

By Jean Perry