As Town Counsel Blair Bailey explained during the December 10 meeting of the Rochester Zoning Board of Appeals, variances to zoning bylaws are mainly about the difference between want and need. So, as soon as applicants Daniel and Carrie Costa withdrew their petition for a third variance that would have allowed a proposed addition to their home at 173 Pierce Street to exceed the allowable 30 percent of the existing structure, the road was paved for the ZBA to grant them the Special Permit to convert their house into a multi-family dwelling.

            The ZBA readily approved the other two variances for lack of the frontage requirement and lack of contiguous linear feet of frontage for the hardships the Costas inherited with the June 2020 purchase of a nonconforming lot.

            The real hardship of the case is not something the ZBA can factor in. As Daniel Costa explained during the continued public hearing, that’s a family situation that has become more challenging with the passing of Carrie Costa’s father and her affliction with the auto-immune disease lupus. The Costas are home-schooling a child and will significantly benefit from her mother living with them to assist.

            “I’m at the mercy of you guys,” said Daniel Costa, who bought Lloyd’s Market four years ago. “We have no intention to rent it to anyone else. We’re not going anywhere; we’re here for the long haul…. All we have is cranberry bog behind us, so it doesn’t seem like a sight issue.” In trying to explain the motive for the since-withdrawn variance, he explained they had hoped to give his mother-in-law a little more space to visit with her five sisters.

            No abutters announced their attendance, but a point of discussion emerged in the board’s debate concerning the Special Permit, specifically language in the bylaw stipulating a single-family house must be occupied for seven years before its owners seek a variance to convert it into a multi-family home.

            ZBA Chairman David Arancio told the members that the language gave him pause. “I’m a little bit concerned about it because anyone can walk into town and buy a house that’s been up for seven years,” he said.         The membership felt that Arancio was getting hung up unnecessarily.

            “Mr. Chairman, what you’re saying is possible, but anybody requesting a two-family, the family has to come before this board, okay? At that point, the board would go through the hearing process and make a determination whether they’re going to be given a Special Permit…. They cannot put a two-family up unless they come before this board,” said ZBA member Kirby Gilmore.

            “The intent [of the bylaw],” said Vice Chairman Davis Sullivan, “was to keep new homes from being blown into multi-families before they were even lived in.”

            Bailey agreed with Sullivan and explained it this way: “A general rule of construction in the law is that a general document is interpreted against its drafter. In other words, if there is something that is ambiguous or can be interpreted two ways, then [as] a general rule, it is interpreted to have the ambiguity because, otherwise, the person who drafted it would have written it a different way…. Since it can be interpreted both ways, it has to be interpreted in favor of the Costas since we wrote it.”

            Citing other examples that apparently contradict the application of rules that other board members are setting to establish an interpretation of the bylaw, Arancio wanted to make a point. “Again, I don’t think it’s necessarily to this particular application, and I have documentation that’s based off of a prior bylaw review where we did have language in there. Whether it falls [under Section] 8c.17 of the multi-family where it needed to be occupied for at least two years … I think it’s something that the town will look at down the road,” he said.

            Qualifying his sticking point by acknowledging his agreement with the comments made by the ZBA members, Arancio said, “I also have the right to go ahead and not agree with the same thought process in regards to that [case]. It’s just given me a moment of pause because I think it creates opportunity…. I just want to make sure that if you have a relationship with a neighbor for 20 years and someone else moves in, that’s a completely different relationship. Even if they have to come before us … everybody can go ahead and sit in front of us and be nice, and it could be a difficult situation, so I’m looking at it from the global perspective.”

            Bailey reminded the ZBA that it can always limit the issuance of a Special Permit to the current owner. The board agreed to address the language of the bylaw for the sake of future cases.

            ZBA member Richard Cutler proposed five conditions to the Special Permit: two units only, at least one unit to be owner-occupied, all parking to be off-street, Special Permit to be non-transferrable, and plans to be changed to reflect 30 percent of the existing structure. The ZBA voted 5-0 in favor of the Special Permit and the two remaining variances sought.

            In Case 1155, Plumb Corner, LLC, is seeking permission to construct an 8-by-4-foot sign covering 32 square feet for property located at 0 Rounseville Road. The applicant is advertising a new subdivision, The Village at Plumb Corner. Per the applicant’s request, the board voted to continue the case to the ZBA’s next meeting on January 14.

            The ZBA is looking to level-fund $300 as its appeals budget. Discussion ensued as to paying for Bylaws booklets. Bailey advised the members that there would be enough copies for the board.

            The next meeting of the Rochester Zoning Board of Appeals is scheduled for January 14.

Rochester Zoning Board of Appeals

By Mick Colageo

            Town Administrator Jay McGrail could not state strongly enough that, while the Town of Marion is thrilled to open the Benson Brook Transfer Station to its residents on January 2, it is absolutely incumbent upon them to follow guidelines.

            “No wood and debris in bags … just [household] trash,” said McGrail on December 15. “Our contract with Covanta would potentially be revoked if there is construction debris in that trash, bags, or otherwise.”

            While Marion gets set to embark on a new, self-governing era of trash disposal, which will include the opportunity to drop off metal in a separate pile from light goods, yard waste, and overflow trash, it remains critical that the trash Covanta has contracted to haul away be limited to “household garbage only.”

            Selectman John Waterman suggested a consequence such as a permit revocation should anyone violate the rules and got a firm agreement from McGrail and across the board.

            The town will operate Benson Brook with town staff, work out the bugs over the next year or two, and in the long view wants the Transfer Station to stand on its own economically. The plan is to open on Wednesdays and Saturdays to start, and the agreement is for one year.

            Under a long list of action items on the December 15 agenda was the related matter of a new agreement with the Town of Rochester for its residents, who have curbside pickup, to also use Benson Brook.

            McGrail proposed selling a maximum of 600 stickers to Rochester residents at $60 per ($50 for seniors). Both amounts would be a $10 increase on what Marion residents pay in the general and senior categories, respectively. Waterman noted that trash disposal is no longer free, so the Rochester fee is fair.

            The partnership with Rochester is one that Marion could cancel for any reason. According to McGrail, Rochester Town Counsel Blair Bailey authored the agreement that he worked out with Rochester Selectman Brad Morse and Marion Board of Selectmen Chair Randy Parker. “They’re a town we work with on a number of things and help each other out,” said McGrail.

            During a 4:15 pm appointment with Department of Public Works Director David Willett, an update was provided on stormwater requirements and village infrastructure projects.

            CDM Smith had proposed a $6 million road reconstruction project that, based on a second opinion offered by BHB, shows potential for substantial savings through what Willett referred to as “value engineering.” As an example, Willett said that BHB suggested saving the town money by lining rather than replacing pipes, avoiding the costs of digging up the road and the associated permitting. McGrail told the board that, once he gets the cost estimate from BHB, he, Willett, Parker, and Waterman would meet to come up with a plan to send back to the board for a vote.

            Waterman said that with multiple projects hanging out there, including a new DPW and Harbormaster headquarters and Town House renovations, “really low” interest rates would help the town borrow $7.5 million once over the next two years to finance all of the projects.

            During a 4:30 pm appointment, the board held a public hearing to consider the assignment of the town’s two aquiculture licenses that had been owned by Shea Doonan and later revoked.

            The board acknowledged the action to be uncharted territory, considering it is the reassignment of a revoked license and, after substantial discussion, agreed that Harbormaster Isaac Perry would research other towns’ practices in order for Marion to formulate a process for future cases.

            Open comment was invited, and applicant Josh Lerman, 15 JoAnn Drive, told the board about an agreement he had made with Doonan to purchase the latter’s equipment and product, presumably worth tens of thousands of dollars. He expressed dismay in learning that his stock as an applicant had perceptually dropped from top to bottom and worried that his dealing with Doonan might have played a role. His business partner, Chris Horton, also commented, saying that they had been at work for a few months and communicating with the Massachusetts Division of Marine Fisheries on the matter. Horton also expressed his disappointment that the proposal, once on a potentially successful track, had suddenly “gone sideways.”

            Lerman told the board that the equipment had been destroyed. He submitted a letter to the town that McGrail assured him would receive a written response.

            Selectman Norm Hills told the applicant that, while the harbormaster makes a recommendation, the Board of Selectmen decides. Perry next meets with the Marion Marine Resources Commission on January 18, and the selectmen voted to continue the hearing to January 19.

            There were several other action items for the board.

            An application for sewer connection at 5 Moorings Road was discussed at length. The result is that a more extensive project will emerge with the potential to service all the homes on Moorings Road, in which the board wants to be involved. Three homeowners will work together through their hired engineers. The selectmen approved the connection contingent upon Willett signing off on the plans and whether a legal question of ownership is resolved.

            The town is ending its association with Gateway, the insurance company that has become more costly through the shrinking of its consortium of towns. Marion voted to switch to MIIA at no increase in a two-year agreement. “Marion is a 50/50 community,” said McGrail, explaining that it costs families $300 per week for a family plan premium. Under MIIA, employees will remain with the same insurance carriers, on the same plans, and with the same providers. McGrail said he would meet in January with union representatives to discuss plan design, which the Board of Selectmen would also have to vote on later.

            McGrail reported on a memorandum of understanding with the Police Brotherhood (police union), saying, “The union is very happy with where we wound up,” including “education incentives that the town was able to provide.” Waterman commented that vacation time was solved by front-loading it onto employees’ anniversary dates. The agreement is retroactive to July 2020.

            The selectmen voted to accept the total population, including the seasonal population, on July 10, 2021, to be 6,200.

            Emil Assing, the sole applicant for the open spot on the Conservation Commission, was voted onto the commission as an associate member.

            The “Privilege” sticker policy will see no changes for 2021. All applications will be received by mail or dropped off outside the Town House; 150 stickers were prepared and ready to go out on December 9. McGrail said the town is trying out online applications for dog licensing for now.

            McGrail told the selectmen that COVID-19 is “serious in our community right now, numbers continuing to rise…. Is it just the healthcare facility? That is definitely not the case.” He says the majority of cases are being transmitted in people’s homes. “We’re full bore in the throes of it right now.”

            The Town House will close on December 24 and 25, along with December 31 and January 1.

            The next regularly scheduled meeting of the Board of Selectmen will be on January 19 at 4:00 pm via Zoom.

Marion Board of Selectmen

By Mick Colageo

            The Old Rochester Regional School Committee on December 9 reviewed the results of a Back-to-School Feedback Survey the ORR district sent out to parents and caregivers on November 20. The survey yielded a roughly 50-percent response rate from parents and guardians of junior high and high school students, giving the district a parents’ perspective of the school year thus far.

            According to the results, most ORR families report relative satisfaction with the variables of School Year 2020-21.

            When it comes to whether the school’s communication regarding learning expectations and school updates is adequate, at the junior high, 121 respondents say they either agree or strongly agree. At the high school, 251 agree, strongly agree, or remain neutral.

            Fifty-three, 42, and 14 respondents said synchronous and live instruction on Mondays and hybrid-out school days at the junior high is either neutral, helpful or very helpful, respectively. Roughly half strongly agree that their child enjoys hybrid-in school days, with only 13 reporting that they disagree or strongly disagree.

            Two-thirds of parents say hybrid-out workload is adequate, with the other third roughly split between feeling it is either too much or not enough.

            Most of the remote students’ parents agree or strongly agree that their child has enough interaction with their teacher online during the day, and only one respondent rated the workload as insufficient.

            However, the results show that over half of remote-learner parents are still not ready to send their kids to school. The other half remains undecided, with only one parent expressing their readiness to send their child to in-person learning. Overall, though, only two respondents disagreed that their child’s remote teachers provide them with opportunities for meaningful learning.

            The high school results show that 251 of the 292 respondents either agree, strongly agree or feel neutral regarding communication. For them, Monday live instruction and hybrid-out day education is at least adequate (85), helpful (75) or very helpful (23), with 61 and 20 calling it somewhat helpful or not helpful, respectively. High school parents agree (101) that their child enjoys hybrid-in days, and others strongly agree (107).

            High school parents responded similarly to junior high parents regarding the hybrid workload, with two-thirds finding it at least adequate.

            Parents of remote learners mostly found teacher interaction to be adequate, but nine of the 25 respondents either disagreed or strongly disagreed with the question. Two-thirds are not ready to send their kids back to in-person learning, with only two saying they are ready; six were undecided.

            Neither junior high nor high school respondents favored eliminating February vacation and replacing the week with four remote learning days. Still, the margin was relatively narrow, with 37.7 percent of junior high respondents in favor of the question and 42.2 percent at the high school in favor.

            At both schools, only a small percentage of respondents stated that they were “not comfortable” in their ability to assist their child with the technology they need for hybrid-out and remote days, with the overwhelming majority finding it either adequate or very comfortable.

            There are currently 635 high school students in hybrid learning, 75 in remote, and 15 being home-schooled. The junior high has 365 in hybrid, with 57 in remote, and 12 being home-schooled.

            School Committee member Frances Kearns wondered what the district would do with this information, especially the more negative responses.

            “I think hearing this … feedback was an important next step for the district,” said Superintendent Mike Nelson. The big takeaway, he said: “Making sure Mondays (a Hybrid-Out day for all students) are as meaningful as they can possibly be.” He said he is already always looking at ways to improve communication and said another takeaway would be finding ways to create more connections between students and staff.

            According to Nelson, this won’t be the last survey parents will receive before the end of the school year. He said parents’ feedback would help drive future decision making as the pandemic persists.

            School Committee Chairperson Cary Humphrey acknowledged that Nelson remains in the middle of a “tug of war” between folks who feel strongly toward seemingly opposing directions. “But I agree,” Humphrey said, “these surveys — this is the parents’ opportunity to speak up. … Everybody is wanting to row in the same direction, but, unfortunately, when you’re the superintendent … you’re always going to be caught in the middle.”

            “There’s always room for improvement,” said Nelson. “We are not going to become complacent or relaxed in terms of making sure that we’re doing what we need to from a safety standpoint.”

            Devoll said students have been cooperative in wearing a mask and cleaning their workspaces, but there is still the need for “constant” reminders to maintain social distancing.

            Later in the meeting, the committee determined that the 2020-21 school year was not the year to reinstate a two-year, foreign-language graduation requirement; after a lengthy discussion, the committee voted 4-2 to end the requirement just as it was reestablished after 13 years.

            The argument centered mostly on the limited foreign-language choices this year — two, actually — Spanish and Latin. And for remote learners, there is no choice; it is either Latin or nothing.

            It was only last spring when the School Committee voted to make two years of a foreign language a graduation requirement. And although some committee members still favor reinstituting the requirement, most agreed that 2020 just wasn’t the year to start.

            School Committee member James Muse was passionately against the two-year requirement — for 2020 or any other year, calling it a “farce” and remarking, “[I think it is] despicable that we’re creating this scenario unnecessarily.”

            “This is a different school year than the one we all anticipated,” said High School Principal Mike Devoll. “I would advise that, due to the pandemic and the variables in our learning plan, that this might not be the year to start.”

            The final vote was 4-2, with committee members Heather Burke and Humphrey voting “no.”

            After, the committee voted unanimously to change its dual enrollment (DE) credit policy to allow those grades to count toward a DE student’s grade-point average (GPA) but declined to motion to allow DE grades to affect class rank at ORR.

            “We feel strongly that class rank should be an apples-to-apples comparison of classes offered at the school versus GPA, a reflection of the grades a student earned,” said Devoll.

            There was some concern among the committee about equal access to dual-enrollment classes, which comes with an out-of-pocket cost. “In terms of equity, I don’t think it’s in the right place,” said Kearns.

            “We shared those concerns,” said Devoll. “Again, it’s the apples-to-apples in class rank. Not all peers have the same opportunity.”

            Muse was concerned about making any decision that could potentially hurt any party involved, whether it be DE students or Advanced Placement students who could possibly see an AP-level class dropped should several students seek the same course from DE. Furthermore, students taking only ORR classes could see their class rank go down despite having high grades, only because DE classes offer 5.0 credits instead of ORR’s 4.0.

            By keeping DE courses from affecting class rank, said Devoll, there would be a more level playing field for students. But allowing them to count toward the GPA would only help students.

            The vote was unanimous; however, Burke abstained from voting.

            Later, when Humphrey called for a second to a motion to adopt a replacement-fee policy for technology out on loan to students, all he got were “crickets,” as he put it when no one spoke up to second it. He asked if anyone wanted further discussion, but again, no one spoke. Eventually, Margaret McSweeny made the second, and the ensuing vote was unanimous.

            “That was awkward and bizarre at the same time,” said Humphrey, noting that the committee had just entered the meeting’s fourth hour.

            The committee then approved a memorial plaque to honor Nolan Gibbons of Marion, who passed away suddenly on August 18. Nolan was 15 years old.

            Sophomores Gabriella Berg and Kathleen Dunn presented two options for a plaque that will include Nolan’s photo, a quote he often said: “Everyone likes to be themselves,” and a QR code to Nolan’s Spotify artist page.

            “[Nolan] was an outstanding artist with huge aspirations,” said Dunn. The sophomore class recently held a “day of purple,” when students donned Nolan’s favorite color and offered donations for a fund to create a memorial in his name. They raised just over $600, and while the plaque will only cost a fraction of that sum, the sophomore class wishes to donate the remaining funds to a scholarship created in Nolan’s name at A Capella Academy, a summer music camp that Nolan especially loved. “So that other students like him … will get to experience what he loved,” said Dunn.

            Also during the meeting, Nelson reported that an Instagram account had been taken down after students reported the presence of a “Republican at ORR” page rife with racist overtones and political ideology, which featured the unauthorized use of the ORR Bulldog in a red “Make America Great Again” hat in front of a Confederate flag.

            “This social media was not supported, not sponsored by the school district,” Nelson said. “While recognizing the importance of free speech and dialog, hate speech has no place in our schools.” He said he reported the page to local law enforcement and contacted Instagram to take the page down.

            Devoll lauded the students for their quick response. “It was awful, and it was just really sad,” Devoll said. “It saddened me, but the student response is what I don’t want to get lost. I want that to be our focus. Our students immediately disavowed this page and did the right thing and were mindful of their digital footprint when doing so, so I applaud them.”

            In COVID-19 news, Nelson reported that there were 43 positive COVID-19 cases across all Tri-Town school districts at the time of the meeting. The high school had 24 students in quarantine; nine students with COVID-like symptoms were in isolation awaiting test results. Three students were in isolation at the junior high school after positive test results; 10 students were in quarantine, with one student showing COVID-like symptoms in isolation awaiting test results.

            The School Committee officially approved ORR’s participation in what will be a shortened winter sports season (see separate story).

            In other business, the committee approved the naming of the new ORR press box in honor of Howard “Howie” Stillman Bates.

            The committee accepted a $10,000 donation from the Friends of ORR Drama to fund an auditorium lighting capital project.

            The next meeting of the Old Rochester Regional School Committee will be held on January 20 at 6:30 pm.

Old Rochester Regional School Committee

By Jean Perry

            Eric Medeiros, property owner of four lots located along the private way known as Selha Way, and Steve Gioiosa, vice president of SITEC Engineering, came before the Mattapoisett Planning Board on December 7 with what they believed was a simple request to modify a Form C subdivision.

            Gioiosa explained that the request was merely to make improvements to the existing gravel roadway that serves the structures already in place and future buildings – nothing more, nothing less.

            However, board members voiced concerns that further subdivisions might be proposed in the future and, therefore, more development leading to more roadway use. Such additional traffic, they believed, could find the town with yet another rutted private way. Board member Janice Robbins asked, “If this is a modification, shouldn’t we be receiving full plans?” She thought the submitted documents were insufficient for the request.

            Gioiosa explained that the town lacks a category that more clearly aligns with the proposal of roadway improvements, and thus the filing noted a subdivision change when, in fact, that was not the case. “It’s not really a subdivision; it’s really a road improvement plan. There’ll be no changes to lot lines,” he stated. Gioiosa went on the say that the roadway had been a legal access for three existing residences.

            Robbins pressed on, saying that there was the potential for further subdivision in the absence of the original site plan approval. “Without the full lot information, I don’t know what we are talking about.”

            Gioiosa said the roadway had previously been approved by the Fire Department and that future subdivisions would not be economically feasible, given the wetlands in the area. Robbins held firm that, given the condition of other gravel roadways in town and the resulting problems, more information is needed. “If we amend the subdivision, we aren’t following our own requirements.”

            Medeiros spoke, saying that he was simply following the guidance he had previously received from the Planning Board during informal discussions. He expressed frustration that after following what he had been told to do, the rules were changing.

            In the end, it was determined that Medeiros would supply the needed missing pieces, including a letter from the Police Department concerning the roadway, and that if the amendment was approved, it would include that the private roadway will never become the responsibility of the town.

            The matter was continued until December 21.

            Also continued until the December 21 meeting was the site plan review for a solar array located off Randall Lane. On this night, the board moved to hire peer review consultants BETA Engineering after a review of several proposals. The board also acknowledged receiving a copy of the letter given to Randall Lane, LLC by the Mattapoisett River Valley Water Supply Protection Advisory Committee, in which the agency confirmed there would be no detrimental impact to the freshwater supply by the solar array construction.

            The Planning Board also agreed to engage SITEC Engineering for peer review of the Park Lane subdivision after Gioisa, who was still in the virtual meeting room, agreed to remove language that Robbins said held the town as the client versus the applicant.

            The board members also discussed a draft for a new bylaw governing the construction of solar arrays in the community. Chairman Tom Tucker stated that it was nearing the deadline for scheduling public hearings on the matter, given that the board planned to have the new bylaw on the Spring Town Meeting Warrant. Robbins has taken the lead on writing the text for the new bylaw that the board concurred was a massive undertaking and a well-done effort on her part.

            Mary Crain, Planning Board administrator, said that the first Master Plan subcommittee meeting would be held on Wednesday, December 9, at 7:00 pm. Interested parties should go to the town’s website to register for inclusion in the meeting.

            The next meeting of the Mattapoisett Planning Board is scheduled for December 21 at 7:00 pm.

Mattapoisett Planning Board

By Marilou Newell