Robert Ferreira of ILC Development LLC came before the Rochester Planning Board on February 9 to begin an informal discussion on his plans for a potential expansion of his business.

            According to Ferreira, new regulations in place due to COVID-19 have resulted in a need for increased office space at his place of business. In order to safely distance his employees from one another, Ferreira is hoping to convert some of his vehicle bays into new office space. He is also hoping to expand the bays that will not be allocated for new office space.

            Ferreira came before the Planning Board in order to determine what steps he needs to take to gain the town’s approval for his project. Planning Board Chairman Arnold Johnson informed Ferreira that the scope of his proposal requires approval from both the Rochester Planning Board and the Rochester Zoning Board of Appeals.

            Ferreira informed board members that he would work with the ZBA and provide a detailed engineering plan to the board members. Johnson agreed that a detailed engineering plan would be necessary to determine what proposed work falls under board jurisdiction.

            ZBA Chairman David Arancio joined the Planning Board meeting to discuss the granting of a variance for a lot located on Pine Street. The owner of the lot is hoping to construct a home there but is lacking the required frontage to receive approval for construction.

            Johnson explained that the lot only has 16 feet of frontage, which is drastically below the town’s regulations. Board member Ben Bailey explained that the limited frontage could be hazardous, as fire trucks and ambulances would have limited access to the site.

            In addition to safety hazards, Johnson noted that granting a variance for the site would set a precedent. If the ZBA were to grant a variance for the frontage figure so far off of Rochester’s established regulations, it would essentially undermine those regulations. Johnson’s ultimate concern was that the granting of such a variance would make it difficult to enforce zoning regulations in the future.

            Planning Board members agreed and voted to draft a letter to the ZBA recommending that its members reject the request for a variance.

            The next Rochester Planning Board meeting is set to be held remotely via Zoom on Tuesday, February 23, at 7:00 pm.

Rochester Planning Board

By Matthew Donato

            Monday night’s Zoom meeting of the Marion Marine Resources Commission removed any doubt that the applications received by the town for the aquaculture grants forfeited last year by Shea Doonan will not yield a grant in time to farm in 2021.

            “I already feel it’s too late for this year. It was [too late] a month ago; it’s definitely too late now,” said Harbormaster Isaac Perry, alluding to the vetting process that needs anywhere from 60 to 120 days just to pass through the Board of Selectmen and state and federal agencies.

            Weeks ago, Marion’s selectmen requested that the MRC update the town’s rules and regulations for aquaculture to necessarily include stipulations to protect the town from absorbing future cleanup costs like the estimated $11,000 it incurred in the aftermath of Doonan’s sites.

            “I hate to bring Shea Doonan back into it, but Shea was green coming into it…. We didn’t set him up for success,” said Deputy Harbormaster/Shellfish Officer Adam Murphy. “He was green in the industry … and we had to go clean it up.”

            Amidst his report to the MRC on eight points of discussion that formulate a basis from which to revise the rules, regulations, and vetting process for future aquaculture applicants, Murphy said he takes it personally that Marion was not adequately prepared for the events that transpired leading up to the absorption of that cost and the position the town is now in trying to update policies that date back to 1996.

            To that end, he presented eight topics borne of his research of Marion’s regulations against those from several surrounding marine life communities. MRC membership discussed and debated the details of the eight topics for over two hours, and Perry supplemented Murphy’s report with comments and answers to inform specific discussions coming from MRC members.

            A key request made by the selectmen is the requirement of business liability insurance on the part of an applicant and the inclusion of a bond that a licensee would post that the selectmen deem sufficient to cover the potential cost of removal of gear and product if necessary and site restoration. Murphy’s suggestion requires the applicant to obtain three written quotes for a potential third-party cleanup.

            “We know that a half-acre site is around $10,000 or $11,000 to clean up. (Outside vendor’s) rates are going to be higher than $25 per hour per man,” said Murphy, who said he will research the cost that applicants face to procure and/or renew such a bond. “It’s on risk. What’s the probability of this having to be cleaned up? It’s like an insurance policy, if you will.”

            Murphy looked into the regulations used by surrounding towns, including Mattapoisett and Fairhaven but also as far up the south shore as and far down the Cape as Wellfleet, where applicants must be at least 18 years old, be a resident, and have 3-4 years of experience in that community with shellfish. “I think that’s very important,” said Murphy of the local-experience component.

            Another clause addressed the removal of damaged gear or equipment.

            Using Wellfleet as a model, Murphy proposed the addition of eligibility requirements augmenting age (18 years-old minimum) and residency (Marion or Rochester per a long-standing legal agreement) with the stipulation that applicants put forth documents proving three years of experience. “I want to see that detailed plan on how you plan to put your gear in the water,” he said. It would also include a five-year business plan and a letter from an existing grant holder. Documented education could add more weight.

            Another practice in Wellfleet that was debated is what happens when a previously established grant becomes available. Should there be a waiting list or a lottery? Perry pointed out that there is nothing in Marion’s bylaws preventing one person from holding the license of up to five sites. Perry and MRC Chairman Vin Malkoski agreed that it’s a simpler award process to go case by case.

            In another measure, the Board of Selectmen would have the right in a public hearing compliant with Open Meeting Law to declare a time-specific moratorium on license approvals.

            A low-number item that started the discussion and sparked lengthy debate was Murphy’s first topic, a non-refundable $100 application fee, up from $50, that prospective aquaculture applicants would submit. According to Perry, the fee would be more in line with other licensing fees in Marion.

            Scott Cowell, the lone active shellfish farmer currently sitting on the commission, advocated on behalf of the fishermen, especially in light of pandemic-related economic struggles.

            Several other topics were addressed by Murphy, including a 15-day limit on the cleanup of any gear, tackle, or other equipment that leaves the licensed area and winds up on public or private land before the town would recover at the cost of the licensee.

            Malkoski, who suggested that updates change the language from “shellfish” to “marine organisms” in order to work more in line with the state agencies and achieve the same control over the farming of kelp, supported stricter standards and more-reliable vetting of the experience and educational prerequisites for aquaculture applicants. “Aquaculture’s hard enough to be successful at,” he said. “It’s worthwhile to make sure they know what they’re doing.”

            Marion resident Andrew Bonney, who is not an MRC member, was given permission to speak and offered some perspective based on his experience as a vice president with Cape Air’s commercial side and prior work for American Airlines. Bonney said one lesson he was taught is, “Don’t let your worst customers dictate your business…. The vast majority, 99 percent, I enjoyed working with…. I encourage you to have a light touch.”

            The next regular meeting of the MRC is scheduled for Monday, February 22, and a special meeting will be scheduled for March 8 dedicated exclusively to the aquaculture application process.

Marion Marine Resources Commission

By Mick Colageo

            The day after Town Administrator Jay McGrail presented Marion’s Fiscal Year 2022 budget to the Board of Selectman, he met with the Finance Committee on February 3 to do the same, and the message was consistent. Department heads were asked to present a level-services budget.

            “This is not where we started. A lot of departments came in with requests that didn’t make it to you guys,” said McGrail, noting that the town is starting to see the effect of the COVID-19 pandemic in FY21 in the recent form of staff furloughs and targeted hiring freezes.

            Finance Director Judy Mooney shared several graphics and excerpts from the budget line items with the committee.

            Projected revenues in Marion for FY22 are 80 percent based on the projected tax levy of $20,466,664.

            Schools are expected to take up over $12 million of the FY22 budget or 48 percent.

            While McGrail proposed an FY22 budget that projects a 3.55 percent increase with acknowledgment of a $170,000 deficit that must be worked through, he noted that the increase is 2.3 percent without adding the schools. If one were to remove the expenses associated with the Benson Brook Transfer Station and curbside trash collection, the overall increase for FY22 would be 1.6 percent.

            “I think that really speaks to where we are as a town,” said McGrail.

            The town hopes to balance the Benson Brook budget via the sale of stickers to Rochester residents.

            McGrail reported $630,000 in available funds, with schools taking up $572,000 or 91 percent. He said he met on February 1 with the school administration and was waiting while “they work on a new budget number as they help us balance the budget.”

            Finance Committee member Shay Assad opened the meeting in the absence of Chairman Peter Winters, who joined the Zoom call later. Assad said it was premature to discuss school budgets without revised figures.

            Marion has gone from dependence on $400,000 in free cash two years ago to $350,000 last year and is proposing $300,000 for FY22.

            Benson Brook transfer station is open two days a week now, and curbside collection is now in a five-year contract with SEMASS after Marion’s departure from the Carver Marion Wareham Regional Refuse Disposal District. The new cost has been absorbed into the tax levy without an override.

            In his overview, McGrail told FinCom he hopes to bring in department heads for meetings leading up to a March 3 joint meeting with the schools.

            The committee first heard from Capital Planning Improvements Committee Chairman Paul Naiman, who explained the workings of the CIPC and shared its rankings of the town’s 20 capital projects.

            Capital projects are defined by anything that costs $10,000 or more and has a life of five or more years. The CIPC does not approve projects but creates a ranked list for the consideration of McGrail, Mooney, FinCom, and the selectmen. CIPC’s 10-point rating scale is based on town priority, regulatory needs, public safety, lower costs, funding sources, and useful life. All committee members score each project.

            Naiman reported over 20 projects had been put before the CIPC totaling $1,400,000. Schools accounted for seven projects, including two at Old Rochester Regional senior or junior high schools and four at Sippican School. Naiman noted that the ORR track rehabilitation project did not make it onto the other Tri-Towns’ two Town Meeting warrants. This year, Naiman invited Mattapoisett and Rochester schools to go through the projects together. “This year, hopefully, we won’t see that again,” he said.

            Marion’s Department of Public Works accounts for five capital projects.

            FinCom member John Menzel offered a compliment to the CIPC for its effort.

            McGrail told the committee that department heads were requested only to bring projects forward that could be applied to this year. “So, these projects are critical this year and need to be addressed,” he said.

            New Chief of Police Richard Nighelli received credit from McGrail for limiting his requests to those he thought were most important. McGrail also noted that a number of staff positions in the DPW are unfilled at the present time. Marion is looking to fill a mechanic’s position. Winters suggested limiting the number of staff hires. McGrail said Recreation Department Director Jody Dickerson has been doing an outstanding job in helping the DPW staff.

            Outsourcing trash pickup with Waste Management has been met with resounding approval from budget and aesthetics standpoints.

            Mooney said pensions are a driving force, estimating it to account for one of the biggest pieces of the general fund other than the school.

            Water enterprise is projected to see a slight decrease in the overall budget for FY22, but sewer enterprise takes a big jump as the town has incurred new debt for the lagoon cleanup project. The town is recommending trying to control sewer rates with a $200,000 general-fund subsidy from free cash. Marion has certified $1.6 million in free cash to support the sewer enterprise fund and offset the increase.

            Selectman John Waterman cautioned against the idea, saying that once the town dips into free cash, “There’s no going back. We really have to think twice before we commit…. We stop doing it, and rates shoot way up,” he said. “Once we plug that into the budget this year, we have to do it every year.”

            McGrail said residents have formed lines outside of the Town House to complain about their bills. “We’ve heard it from the community,” he said. “If we don’t do this, we’re looking at another 20 percent (rate) increase.”

            Mooney said that Marion looks at a five-year average on usage. “Those dry years tend to spike it,” she said.

            Winters asked if the Sewer Department’s estimated budget includes an estimated increase for borrowing the extra $2 million for removing the extra sludge from the lagoon, but McGrail said the town does not have a hard number on that expense. Mooney said the town would assume debt in FY23. McGrail said that debt would not be the only solution, calling it “just one piece of the puzzle.”

            The budget schedule tentatively includes a February 24 FinCom meeting with CIPC, a March 3 FinCom meeting with the schools, and an April 13 submission of the warrant to the printer.

            Assad said, “Jay and Judy have both done a great job. It was a lot of work and a lot of preparation.” Winters and member Charlie Larkin added their thanks, and Winters also noted the DPW did a great job with snow removal.

            The next meeting of the Marion Finance Committee is scheduled for Wednesday, February 24, at 7:00 pm.

Marion Finance Committee

By Mick Colageo

            Now that the preliminary meetings have concluded and with eight separate sections of the outdated 2000 Master Plan to review, study and update, Mattapoisett’s Master Plan Committee began the real work of identifying issues and making recommendations on Land Use, Housing, Economic Development, and Climate Resiliency during its February 3 meeting.

            The members had previously selected their areas of interest to work on, but all attendees remained in the same virtual meeting room. This process granted each subcommittee the opportunity to share information and better inform their specific areas of interest. As Planning Board Chairman Tom Tucker pointed out, all the chapters affected one another and the final document.

            Land Use was the first chapter discussed. Committee member Shirley Haley talked about modifying zoning bylaws, changes that might grant property owners the latitude to rent rooms in a shared living structure. While not specific to the Land Use Chapter, Haley’s comments were aired and added. She also reported that, according to the Assessor’s Office, there are 28 dwelling units with attached family-related apartments and 62 multi-family units. She also suggested looking at smaller lot sizes to construct smaller homes to ease senior housing needs.

            Planning Board member Janice Robbins said that she had spoken to Water and Sewer Superintendent Henri Renauld, whose feedback was that current sewer capacity was rather limited. She also said that, while zoning changes were difficult, “denser housing units” might work. It was also commented that it would be important to ensure that any new rental units not be used as short-term vacation rentals. Mary Dermody asked that specific water and sewer data be secured to understand capacity issues better.

            Tucker added to the discussion by saying that zoning setbacks had been changed to allow “zero-lot lines” needed for such housing units as condominiums.

            Other areas discussed under Land Use included possible impact from the commuter rail expansion taking place now and increasing the number of mixed-use structures along Route 6.

            Next up came the Housing chapter, during which Kate Haley (no relation to Shirley Haley) said that Mattapoisett has an aging population that would be looking to downsize affordably. She also said that it is important to consider how to attract young families to Mattapoisett, including 40B housing and lot-size modification for the construction of smaller, affordable family homes. Chrystal Walsh commented, “It’s troubling to see a decrease in the number of households with children,” making the point that housing is too expensive for many working families.

            Kate Haley added to that sentiment, providing census data that showed a 44 percent decline in households with children and a population that is 52 percent over the age of 60.

            Economic Development was explored next with Donna Shea asking the rhetorical question, “Why would a business come here?” as a stepping-off point. She said it might prove essential to promote the area’s waterfront location, possibly drawing in more marine-based commerce. Shea also tossed out the idea of “entrepreneurial centers” where businesses could share space. Continuing with her brainstorming, Shea also thought that given the bike path’s extension, Mattapoisett might become a destination with shops and eateries geared to the visitor. “Redevelop Route 6 with small shops like a Falmouth kind of place,” she suggested.

            Member Paul Criscuolo said he is currently using a shared workspace in New Bedford and concurred the concept could work in Mattapoisett. Dermody added, “People are leaving city centers to places like Mattapoisett, working remotely. Maybe a small conference center or business center would be a draw.”

            The last but certainly not least chapter discussed on this night was Climate Resiliency.

            Robbins said that in materials she had read, Mattapoisett could lose up to 25 percent of its tax base, and Mattapoisett ranked number 7 in the commonwealth for its vulnerability to flooding. Stressing the point, Kate Haley said, “Every single thing could be impacted.” Robin Lepore commented, “Eighty percent of our revenue comes from property taxes. A storm could impact the revenue stream. The town should be going after some serious grant monies to elevate walkways, for instance.”

            Carlos DeSousa said that one approach might be looking at short-term impacts from climate change, then long term impact. He used the example of groundwater rise and its effect on hydrostatic pressure below ground level.

            Before closing out the meeting for the evening, Nathan Ketchel gave a brief report on the study taking place now on Mattapoisett Neck Road’s resiliency, which will include recommendations for roadway improvements and culvert repairs. He said that one study demonstrated that the culverts are failing along the marshland stretch. He said the consultants would provide conceptual drawings on the types of improvements from which Mattapoisett Neck Road might benefit, including elevated spans.

             To learn more about the development of the Mattapoisett Master Plan, visit srpedd.org/comprehensive-planning/community-master-plans/Mattapoisett-master-plan.

            The next meeting of the Mattapoisett Master Plan Committee is scheduled for Wednesday, February 24, at 6:30 pm; other chapters will be opened for discussion.

Mattapoisett Master Plan Committee

By Marilou Newell