Eric Las of Beals and Thomas acknowledged that the solar array proposed by Cushman Road Solar LLC along Cushman Road faces a lengthy vetting process with the Rochester Planning Board. Still, he feels he is nearing the finish line of the Conservation Commission’s jurisdictional involvement pending a site visit plan that revealed its own complications during the continued hearing with the Rochester ConCom on February 2.

            The Notice of Intent proposing a 3.9-megawatt solar array with associated site work and stormwater management on property owned by Trustee Lisa Holden was the subject of response to the town’s peer review for the work planned within the 100-foot buffer zone, along with tree clearing and stormwater outfalls.

            Las addressed items and answered questions and told the commission that he notified the Town of Acushnet since the project comes close to the town line with Rochester but does not cross. He also publicly thanked the peer-review consultant, Sandwich-based Horsley Witten Group, for its swift turnaround.

            Conservation Agent Laurell Farinon called Horsley Witten Group’s response “a clean letter,” saying that most issues have been dealt with and minor points could be conditioned. Her only preliminary question was whether it would be prudent to schedule a site visit right away, given the potential design changes that could result from the Planning Board’s scrutiny.

            Las said the project was ready for a site visit, but it took substantial discussion regarding property access to get the commission to a confident position regarding the abutting horse farm before it was scheduled for Saturday, February 6, at 9:00 am.

            Joe Harrison of Sunrays told Farinon that the access road has not yet been constructed, but Farinon said the inconvenience of parking and walking 3,000 feet was not at issue.

            “It’s not about the walk; it’s about tromping through someone’s business,” she said. “The elephant in the room is we’ve got a kind of dispute going on about the right of way. I just don’t want to set up the members in an uncomfortable situation on a Saturday or Sunday morning.”

            An active horse farm borders the site where customers board horses, and lessons are conducted.

            Harrison said he would notify abutters and assured the commission that walking along the “valid right of way should not be a problem if we give them notice.”

            ConCom member Daniel Gagne recused himself from the hearing, which was continued to March 16.

            Farinon presented on behalf of applicants Bruce and Laura Willett, 245 Hartley Road, because that project engineer, Darren Michaelis, could not attend the meeting. She described the project as complete, a septic upgrade with two tanks and a leaching area within 50 feet of a cranberry bog behind the house. At Farinon’s recommendation, ConCom issued a Certificate of Compliance.

            Attorney Steve Meltzer requested an extension on behalf of a Notice of Intent filed by Kings Highway Concrete Production Facility. Summarizing a history of the case that dates back to 2010, Meltzer told ConCom the applicant’s permit expires on March 22, 2021. Farinon said ConCom would treat the requested extension as a new filing and recommended a continuance to set up a site visit. The case was continued to March 2.

            An NOI filed by Ryan Correia of 91 Sarah Sherman Road for the proposed construction of a single-family home on Mendell Road was continued to March 2.

            Under old business, Bill Madden of G.A.F. Engineering provided an update on the status of the Makepeace Enforcement Order. Madden said the focus has been on research and collecting data, that the applicant has hired a wetlands consultant, and has flown a drone to delineate the disturbed areas.

            “I think we’re making reasonably good progress on things, given what we’re tasked to do,” said Madden, who said he is trying to obtain a document for resource area boundaries as they existed before the activities that took place resulting in the enforcement order. “Once we get that, then we’ll be in a much better position to set a plan for mitigation and restoration that the order calls for.”

            Madden will appear on February 16, at which time he expects he will be able to plan for ConCom to make a site visit.

            Under new business, Old Middleboro Road requested a change to a relocated ancient way. ConCom members agreed that more explanation is necessary. The case was continued to February 16.

            The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, February 16, at 7:00 pm.

Rochester Conservation Commission

By Mick Colageo

            In its fourth continuation, the public hearing for Carmine and Beth Martignetti’s Notice of Intent for shoreline improvements at 71 Moorings Road reached a positive conclusion during the January 27 meeting of the Marion Conservation Commission.

            Dave Davignon from Schneider, Davignon & Leone, who presented on behalf of the applicant, made further revisions in response to requests made during the commission’s last meeting held two weeks earlier. The changes will be accompanied by concrete markers that will tell maintenance crews that they are not to mow in the marked areas.

            No further questions from the commissions signaled it was time to close the public hearing, and the members revisited the matter later in the meeting to vote the Martignetti’s an Order of Conditions. They approved the NOI with special conditions, including a permanent, split-rail-type fence and permanent concrete marker a minimum of 3 inches above grade.

            In other business, what began as a Request for Determination of Applicability filed by 418 Point Road Trust was replaced by an NOI for repairs and to replace a portion of a pile-support system of the boardwalk constructed there around 2009. The applicant was represented by Davignon, who explained modifications to satisfy issues raised at the last ConCom meeting. Public comment was invited without result, and the commission’s members ultimately issued an Order of Conditions, including the condition that all work equipment must be removed from the salt marsh daily.

            ConCom issued the Marion Lands Trust an amended Order of Conditions to modify a driveway entrance at Wareham Street. Continuing conditions include the driveway must be made of crushed stone.

            Tabor Academy was given a Negative 2 Determination of Applicability in its proposed plan to demolish Hayden Library, 85 Spring Street, and construct a new, 22,750 square-foot Campus Center on the site.

            ConCom received a complaint about tree cutting at Marion Golf Club. Chairman Shaun Walsh visited the site and discussed the matter with one of the two principals leasing the club. Walsh said he advised them to cease and desist the activity between the two roads “because it may be jurisdictional.” He further advised them to hire a wetlands specialist to evaluate that area and any others where they plan to cut any trees. Walsh reported being told they had a forester, but the Conservation Commission had not been notified. Walsh walked the course and identified the areas for the principals where ConCom has jurisdiction.

            In other votes, the Town of Marion received a Negative 2 Determination in the RDA filed to replace three fire hydrants at 33 Allen Street, 19 Holmes Street, and 17 Dexter Road.

            Bruce Pawelczyk was issued an Order of Conditions to remove decks and walkways and install a proposed 12-foot by 24-foot addition to an existing side deck at 50 West Avenue.

            ConCom conducted a site visit after the Town of Marion filed an RDA to install two 100-gallon propane tanks at Pumping Station Road. The conversion from oil was applauded. Facilities Manager Shaun Cormier represented the town. Because the hearing was introduced, it was continued to Wednesday, February 10.

            In another new public hearing, Davignon represented Blankenship Trust LLC with its NOI for an inground swimming pool, patio, and retaining wall associated with the reconstruction of a house at 468 Point Road. The case was continued to Wednesday, February 10.

            Karen Chacon’s RDA to build a ramp on the side of the house at 98 Dexter Road was continued to Wednesday, February 10.

            The Michael R. Deland Trust of 1978 was issued a Certificate of Compliance for repairs to a long-standing concrete wall at 498C Point Road.

            Walsh told the commission of several Chapter 91 Waterways license applications that have been submitted to the state Department of Environmental Protection for projects that have either been or will be heard by ConCom. Those included: Aucoot Cove Properties LLC at 98 Indian Cove Road; 122 Register Road LLC at 122 Register Road; Meadow Island Realty Trust at 34 Fraser Way; and at two addresses that will appear on ConCom’s next meeting agenda at 47 and 51 East Avenue.

            Seeking opportunities to avoid dead space in meetings, ConCom decided to schedule multiple meetings at the same time with notification to interested parties. Walsh also sent out a notice that ConCom will strictly hold to filing deadlines as published at marionma.gov.

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

Marion Conservation Commission

By Mick Colageo

Jim Ryba presided as chair in the absence of Christina Frangos, as the Marion Zoning Board of Appeals met briefly on January 28 to address two cases with members Margie Baldwin, Cynthia Callow, and Will Tifft.

            The ZBA put a bow on Case No. 782, reopening the case to add correspondence received last week. The members voted to endorse a four-page decision written by Town Counsel Barbara Huggins-Carbone that extends Oakdale Avenue so that legally divided properties can access it from 61 and 63 Oakdale Avenue in keeping with a Special Permit that was awarded to the estate of Joan E. Botelho. The ZBA’s approval paves the way for the Town of Marion to recover approximately $40,000 in owed property taxes.

            In Case No. 775, Heron Cove developer Ken Steen requested a continuance of the public hearing for his proposed 40B housing project to Thursday, February 25, at 6:30 pm.

            Administrative assistant Ann Marie Tobia confirmed on February 2 that Steen’s attorney, Mark Bobrowski, did not file the paperwork for a new case by February 1. Without an adequate window for legal advertising, the revised Heron Cove application will necessarily seek another continuance when the ZBA next meets on Thursday, February 25.

Marion Zoning Board of Appeals

By Mick Colageo

            The Rochester Zoning Board of Appeals on January 28 approved a Special Permit to convert the single-family house at 111 County Road into a multi-family, along with a Variance to allow the conversion on a non-conforming lot containing an area of 48,350 square feet.

            The board lauded property owners Jeremy and Kristin Saccone for coming forth with “all their cards on the table,” so to speak when they combined two essentially separate projects into one so the board could consider the plan in its entirety in transparency.

            The Saccones, who have owned their property for 18 years, want to construct an 885 square-foot handicap-accessible apartment for Mr. Saccones’ parents and also construct a two-car garage with a second-floor recreation room for the primary residents’ sole use.

            Mr. Saccone’s mother has a debilitative health condition and now requires a wheelchair full-time, and the home she shares with her husband in Bridgewater has three-stories and is no longer accessible to her.

            Joshua Bows of Merrill Engineers and Land Surveyors explained how the triangular-shaped lot limits the Saccones’ options in building the unit and explained the hardship involved. Proving a hardship is a requirement to receive a variance.

            “It’s very difficult to find a handicap-accessible small home or apartment,” said Bows., [and] also provide a place for their parents to live that’s comfortable and accessible and meets their needs.

            “We’ve designed a home … that meets the needs of Jeremy’s parents … and with that, we’ve also added a garage addition with a room above the garage that would be used by the applicants…. We’ve done everything we can to meet the [bylaw] requirements.”

            ZBA Chairman David Arancio was concerned about “wants versus needs” in the proposed size of the new unit, but as Bows explained, the apartment has to be larger for a wheelchair to be able to maneuver about the floor area. Doors must be wider, closets as well, and the bathroom must also be more oversized. Adequate floor space to move about is a necessity, he said. Furthermore, Mr. Saccone’s parents are downsizing from a larger three-story home. Still, Arancio believed the plan could have been for a smaller unit.

            “I’m sure that you’re correct [that it] could be smaller,” said Bows. “However, I think that it’s the desire for the convenience and just the challenges of being in a wheelchair.”

            “I completely understand the hardships there,” said Arancio. “I’m just trying to navigate to be consistent and fair…. That’s a concern of mine, obviously.”

            Bows asked the ZBA to consider that the new addition would be “no more adverse to neighbors or the town than what currently exists,” but ZBA member Richard Cutler pointed out that, if it were approved, “A two-family is two-family. If someone buys the house later on,” Cutler said, there would still be an apartment. “So, not having any more effect on the town is negated — it’s still two units, it doesn’t matter. It’s still not going to go away.”

            ZBA member Davis Sullivan said combining the two plans into one is an excellent way to address it. “It makes sense from a construction standpoint what they’re trying to do, so I can understand the approach.”

            “This looks real good to me,” said ZBA member Donald Spirlet. “They went through a lot of effort (not to exceed setbacks). It’s a good idea to [combine the two projects]. You could do an addition at one point and then the second addition later, which would be within the 30 percent. It makes more sense just to do it all at once.”

            As for the “want versus need,” said Spirlet, “in this case, it’s more of a need. I don’t know what it’s like to get around in a wheelchair, but I would think that a bigger unit must be needed for a wheelchair.”

            The discussion continued as Arancio’s focused on the unit exceeding 30 percent of the existing habitable floor area. Board members further explained that if the Saccones went ahead with just an addition, the proposed conversion would subsequently meet the 30 percent of that increased floor area.

            As Cutler explained, the ZBA has advised past applicants to show the board their entire plan rather than apply for one thing, then return for something else later on. Here, the applicant was laying all the cards on the table, “so I applaud them for that.”

            “We tried to put all the cards on the table,” said Bows. “We’ve done what we can to meet the 30 percent and all the other requirements. … I just hope you consider the situation we’re in when you consider the application.”

            No abutters appeared to support or oppose the application.

Rochester Zoning Board of Appeals

By Jean Perry

            Before the Marion Planning Board can get down to the nitty-gritty of voting to green-light Tabor Academy’s proposed Campus Center on the site of the present Hayden Library at 85 Spring Street, feedback is needed from town officials such as Chief of Police Richard Nighelli and Building Commissioner Scott Shippey.

            Once again, Planning Board Vice Chairman Andrew Daniel presided in the absence of Chairman Will Saltonstall, who is recusing himself from the process as the lead architect for the Campus Center. It is an odd juxtaposition for the members, who work with Saltonstall every other week to deliberate many cases; however, this one is the clearinghouse for a project his company is designing.

            Any sense of awkwardness with the task has not been apparent, as members once again picked at the plans for the 22,750 square-foot academic building that would replace the one-floor library with a modern, two-floor facility and surrounding infrastructure. This time, they did so with the added benefit of peer review.

            On February 1, Bob Field of Field Engineering and Tristan deBarros of Saltonstall Architects fielded questions from the Planning Board in a continued public hearing for the major site plan review. Peer-review consultant Joe Connell of SITEC was present at the Zoom meeting to follow up on matters that revised plans did not specifically address.

            “We believe we adequately addressed their comments and concerns,” said Field, adding he would be happy to discuss any focus points.

            Planning Board member Eileen Marum referenced a recent regional energy meeting she attended that recommended that 10 percent of parking spaces have electric vehicle charging stations and that 60 percent have pre-installed 40 amp circuits and standby generators. She suggested the Campus Center be built ahead of the curve as vehicles trend toward electric power. “I’m thinking further out so you won’t have to be digging up parking lots and putting these in retroactively,” she said.

            Planning Board member Joe Rocha confirmed that the sale of gas-powered vehicles in Massachusetts is scheduled to become illegal by 2030, but he also suggested that many vehicles powered by fossil fuels will remain on the road. Planning Board member Norm Hills agreed.

            Field said, “We could put conduit in place for future wiring,” adding that he intends to discuss the matter with his team. “We’ll see what we can do on that issue.”

            Board member Christopher Collings, who did not see eye to eye with Field or deBarros on Spring Street traffic issues, said, “I love what Eileen is talking about, I like the idea of being functional…. Let’s try to dovetail this with the town’s (outlook).”

            Daniel pumped the brakes. “I have a hard time telling people to do something that may or may not come to fruition in 20 years.” Marum insisted that “it’s coming,” albeit while qualifying her remarks as a suggestion.

            “No question, electric cars are going to be part of the future,” said Hills, noting his belief that gas-powered vehicles will not be going away any time soon. “I think Mr. Field’s comment about investigating how to have the stuff installed is the most important part.”

            Citing consistency, Collings compared Marum’s suggestion to requests that the Planning Board routinely makes in asking Route 6 properties to consider the corridor study. “I think it’s consistent to ask these kinds of properties to add the infrastructure,” he said.

            Citing Marion Bylaw 230-6.5 “Off-Street Parking and Loading” under Section D “Parking Lot Design,” Marum pointed out that parking areas with at least 15 spaces are required to accommodate one bicycle for every three parking spaces. Field said bike racks would be added with work by the landscape architect.

            The number of spaces became a matter of discussion after Connell pointed out that the town’s parking requirement is calculated by occupancy and number of employees. No number is spelled out in the design plans. Connell said the prescribed parking is one space per four occupants for schools plus one for every two employees.

            Field explained that a memo was submitted prior to the Planning Board’s last meeting to address parking because the building is not dedicated to a single use on a single lot but is part of a larger campus. Parking is not strictly for the building but serves a number of buildings and needs of the campus. DeBarros added that only a handful of employees will be in the building and that “everyone else in the building is transient in nature.”

            Daniel said that if there is an actual number of occupancy, the board should know what it is.

            Other points of discussion included fire suppression. Field explained to Daniel that the fire hydrants are to be located on the side opposite the proposed dumpster location. The hydrants did not appear on the drawings, Field said, because they can be coordinated at the building permit stage.

            While it was learned in a prior meeting that the Campus Center would be 34 feet, 11 inches in ridge height to the average grade along Spring Street, Hayden is at its highest point, 29 feet. For points of comparison, Cornelia Hall girls’ dorm is 31 feet, 7 inches high, and Matsumura House boys dorm 30 feet. The maximum height allowed in Marion is 35 feet.

            Speaking of height, one of Connell’s more intriguing discrepancies in the Campus Center design is the dark-sky requirement. Field said his understanding is the light fixtures “don’t quite meet Dark Sky (certification),” but the fixtures proposed match those that have been approved for Tabor in past projects. Likewise, deBarros said that the proposed LED fixtures spread all the beam into the parking lot and not toward the street or the neighbors.

            Connell’s last suggestion found traction, as Field indicated the 20-foot passageway between the northern and southern parking bays would be widened.

            The public hearing was continued to Tuesday, February 16, at 7:05 pm.

            In other business, the board voted to support the Historical Commission’s application to seek state funding for its town-wide survey. The board also voted to pay a SRPEDD invoice dated January 12 for $262.06.

            The next meeting of the Marion Planning Board is scheduled for Tuesday, February 16, at 7:00 pm.

Marion Planning Board

By Mick Colageo