Marion’s Special Town Meeting held on November 5 at Old Rochester Regional High School was a clean sweep of approvals for all nine articles on the warrant, but not before Article 5 sparked a lengthy debate over a purchase of open land west of Route 6 near Fieldstone Market.

            The Marion Open Space Acquisition Commission and Sippican Lands Trust acted in partnership with the Buzzards Bay Coalition to acquire approximately 42 acres of land featuring the 33.7-acre Hoff Property opposite Abel’s Way.

            The $225,000 MOSAC needed for its part of the purchase came out of the Land Bank Fund. “This is money that was given to the Open Space Acquisition Commission over 10 years ago to buy open space within the town. We have not found a good property at the right price in over 10 years, so we’re very happy with this particular property,” explained MOSAC Chairperson John Rockwell.

            Sippican Lands Trust raised $75,000 toward the $300,000 purchase price.

            SLT Treasurer Dot Brown called the acquisition “a unique opportunity” to improve access to walking trails and protect wetlands and endangered species, including the box turtle.

            The trails are free and open to the public. “We’re not trying to make money, just trying to get people out to nature,” Rockwell.

            The land was valued 40 years ago at $585,000, but its $300,000 price tag was negotiated with a 30-day window. Rockwell explained that MOSAC would never have been able to schedule the meetings necessary to secure town approvals, so he enlisted the assistance of the Buzzards Bay Coalition’s Bay Fund. “They are holding it and have told us they don’t want to own this property,” said Rockwell.

            Buzzards Bay Coalition will sell the conservation restriction to the Town of Marion, and the SLT becomes owner and maintainer of the property. As a result of the arrangement, Marion residents and the public at large will enjoy improved access to the trails on the property without maintenance expenses.

            At odds were taxpayers who do not want to see any more land coming off the town’s tax rolls. Theoretically, 25 percent, or approximately 10 acres of the parcel, could have been developed.

            It didn’t help MOSAC’s case that Buzzards Bay Coalition’s ownership of the property was not revealed until a resident sought clarification during public comment. Rockwell said the omission was an oversight on his part. A resident cited the omission and motioned to table Article 5, but Town Meeting voted by a 49-18 margin to continue the discussion.

            Alan Harris, the board president of the SLT, said, “We’re not here to vote on general open space, we’re here to vote on this property. Think about the wellbeing of people in this town.” Harris said the SLT’s ownership would offer stream protection without which the town would be paying for repairs on Route 6. “More biodiversity means more stability,” he said. “This property deserves your consideration and deserves your support.” Harris’ comments drew applause.

            Town Assessor Pat DeCosta, an elected official, said, “I’m actually in favor of this purchase. I just don’t like the way it was presented.” DeCosta indicated that the town would not have realized “much of a (property) tax.”

            After Article 5 was approved, Articles 6 through 8 went through swiftly as they authorized MOSAC to accept as gifts “for conservation and passive recreation purposes” connected parcels meant to enhance the Hoff Property acquisition. Those consisted of strips of land from Steven Clark and Tina Welch totaling 1.5 acres, and a 7.8-acre endangered species habitat from Randy and Merle Parker. The donated parcels, said Rockwell, will bolster MOSAC’s future grant opportunities.

            Randy Parker, the chairperson of the Marion Board of Selectmen, recused himself from participation when the matter was addressed during prior public meetings.

            Article 3 approved the terms of Marion’s long-anticipated withdrawal from the Carver Marion Wareham Regional Refuse Disposal District.

            Selectman John Waterman read a prepared statement to Town Meeting, saying, “After working with the towns of Carver and Wareham over the past year, it is clear that the Town of Marion is in a very different situation than these two communities when it comes to solid waste collection and disposal. Given that Marion has its own curbside collection and the district plans to close Benson Brook Transfer Station in 2021, withdrawal from the district is best for the Town of Marion.

            “With this withdrawal, the Town of Marion will receive the Benson Brook Transfer Station, the equipment to help run that transfer station, and a release of liability associated with all district employees and the Route 28 Transfer Station. The Town of Marion will still have environmental liability associated with the Carver landfill.”

            Marion resident and developer Sherman Briggs asked how much money is in the CMW account; Town Administrator Jay McGrail estimated just over $1 million. McGrail added that the preferred recommendation of Marion representatives was that they take that $1 million and pay off the liability associated with the employees. “The district didn’t take the recommendation, and it’s one of the reasons that we’re interested in leaving the district,” McGrail explained.

            Article 4 approved Marion’s acceptance from the CMW the title to the property on which the Benson Brook Transfer Station sits, effective January 1, 2021.

            Briggs asked how the town could negotiate for a solar array atop the landfill at the site without owning the property; McGrail explained that the pile sits on a different lot than the transfer station. The landfill has always been a separate entity from the CMW, he said.

            Waterman publicly thanked Steve Cushing and Bob Partridge, two of the CWW board members representing Marion, who assisted the town in negotiations with the nine-member board, a process that began in June 2019.

            “If you’ve ever tried to negotiate with two other towns, each with three board members, the board members themselves don’t agree on what they want for their town, but they also can’t get their towns to agree,” explained Waterman. “Mr. Partridge, Mr. Cushing, and (Selectman) Norm Hills served as our directors and really were instrumental in helping us negotiate this agreement, and they deserve a real pat on the back. It was not easy, and we knew we wanted Benson Brook back, but there was more than one occasion where we weren’t sure it was going to happen.”

            Article 2 approved the transfer of $112,363.91 to supplement Article 9 of the 2013 Town Meeting to fund renovations to the Marion Town House. The transfer was authorized by several articles in various appropriations from prior town meetings, including: 2014 (Article 17 at $18,800.66 and Article 19 at $1,300); 2017 Special Town Meeting (Article S3 at $4,257.88); 2015 (Article 17 at $17,775); 2018 (Article 23 at $3,391.04); 2019 (Article 13 at $8,000, Article 22 at $16,279.85, and Article 29 at $1,100); and 2020 (Article 18 at $41,449.48).

            The total became available due to grant funding for several completed projects, including the Marion Music Hall roof and masonry work, alarm systems at Atlantis Drive and Cushing Community Center, facilities generators, the Fire Station No. 2 roof, garage doors at Silvershell Beach, and a new ambulance and repairs to another. The money, to be combined with a donation from the Sippican Historical Society, will be spent under the direction of Facilities Director Sean Cormier to complete the renovation of the Town House over the winter.

            A request came forward for the amount of certified free cash, to which Assistant Town Administrator Judy Mooney said free cash had not yet been certified due to the COVID-19 pandemic. Mooney said she hopes to arrive at that number soon.

            Article 1 approved replacing one of two outboard motors on the Harbormaster’s boat for $21,522.45. The money will come from the Waterways Account at no burden to taxpayers.

            Article 9 approved a perpetual preservation restriction on the 130-year-old “annex” to the Marion Town House.

            Early in the meeting, McGrail told Town Meeting that Police Chief John Garcia would be retiring in about a month. Garcia has been chief of police for three years and has worked for the town for 34 years. “We’ve been through an unbelievable amount in the last year and a half, and I couldn’t have done it without him,” said McGrail. “Honestly, he’s been a rock for us in the town, and we owe him a lot.” Attendees stood and applauded.

            In his remarks, Town Meeting Moderator Brad Gordon reminded attendees that the acts of town officials are set according to the authorizations set by Town Meeting voters.

            Comments were limited only to registered voters who were asked to state their name and address at each opportunity to speak. Gordon had instructed voters to be concise and specific to the article being discussed, and comments would be welcome so long as they’re on point.

            Town Clerk Lissa Magauran reported an 85 percent turnout of Marion voters for the November 3 presidential election. “I just want to give a shoutout to the Marion Post Office. They have been awesome,” she said.

            Before the meeting, Fire Chief Brian Jackvony advised attendees to refrain from congregating, and reminded them that masks are mandatory.

Marion Special Town Meeting

By Mick Colageo

            Lance and Kathleen Scott’s Notice of Intent, heard initially by the Marion Conservation Commission on September 23, for site redevelopment on the beach lot across from 18 Wianno Road headed toward a conclusion after the commission met on October 28.

            The applicant set out to remove invasive vegetation and construct a formal stone rip-rap slope and nourish the beach area. It was that last part that was heavily tackled by ConCom on October 28.

            After continuances from September 23, October 22, and a site visit on October 24, the October 28 meeting focused on the application of the Nantucket-based “Frost” decision.

            At issue was restoration work to a coastal dune, part of the lot’s beach restoration.

            Citing the 2000 case, Marion Conservation Commission Chairperson Shaun Walsh referenced language that defined “bordering” as touching the ocean or touching another resource area that touches the ocean.

            “You can’t have ocean, two resource areas, and then dune,” he said, acknowledging a history of building on the site, including a septic system and the addition of topsoil and artificial fill that was identified in test pits.

            “We either have to consider that dune area to be touching the beach, which means eliminating that coastal-beach dune line,” said Walsh, allowing for what was described as a flattened-out area that is heavily vegetated. “We wouldn’t be able to identify that area as coastal dune if we have bank and beach and ocean…. You can’t go ocean, beach, bank, dune. That’s just the regulation. That’s something we have to have reconciled.”

            Walsh relayed consultation that suggested that, in addition to any concrete fragment, any angular stone that is not naturally occurring at the location can be removed. He also encouraged more diversity in the plantings, that the fire pit be relocated farther to the north away from the coastal dune, and added that anywhere phragmites are to be removed, American beachgrass is preferable to turfgrass.

            The dissenting opinion suggested that Concom was concerned that the Massachusetts Department of Environmental Protection might appeal any decision made by the local commission, but Walsh said he had no such concern and allowed for the possibility that the applicants might. “This is a tricky situation, and the fact it’s heavily vegetated makes it more tricky,” he said.

            “It does seem like we’re rolling around in circles here,” said engineer David Davignon, who represented the applicants.

            “Minor tweaks to this plan do not require us to further continue it,” said Walsh. “The DEP’s going to do what the DEP’s going to do. This is a vastly improved plan…. it gets us closer to what that area looked like several decades ago…. I think this is a great plan.”

            Walsh advised Davignon to reach out to Circuit Rider Andrew Poyant and offered to participate in a call. The hope he expressed was that a decision could be voted upon when Concom came back together on November 4.

            Four public hearings were closed.

            Aucoot Cove Properties, LLC was issued an Order of Conditions and certificates of compliance for meeting particular conditions related to their plans for the demolition of an existing barn and construction of a new barn at 98 Indian Cove Road.

            Marion DPW Engineer Meghan Davis was issued a negative determination of applicability for the removal of two sections of old fence and the installation of new fences at Old Landing Wharf.

            ConCom issued an Order of Conditions for Saltworks Marine, LLC’s plan to clear a small, wooded area and build a pair of arched poly boat storage shelters at 288 Wareham Road. Dan Crete’s boat storage business depends on town approvals.

            Dale and Laura Briggs’ were approved for an amended Order of Conditions, specifically referencing revisions to plans for redesigning their planned house at 23 Dexter Road.

            The Friends of Wings Cove, homeowners at 35, 43, 51, 67, 75, 83, 95, and 99 Holly Road, who filed a Notice of Intent seeking the removal of phragmites from their properties adjacent to their properties, had their continued case heard during ConCom’s October 28 meeting. The DEP, said Walsh, called it an ecological restoration project. Walsh said he is confident the DEP will issue a file number so ConCom can issue an Order of Conditions. The case was continued to November 4.

            In other business, the Town of Marion received a three-year extension on its Order of Conditions originally issued in 1995 for clearing in the Sippican River from County Road to Doggett Brook to help facilitate herring passage toward Leonard’s Pond where they spawn.

            The Kittansett Club requested a further continuance to November 18 at 7:00 pm. The club’s October 28 was previously continued from September 9 and 23 for the expansion of its overflow parking lot on the southern end of its 11 Point Road property.

            The Marion Conservation Commission was scheduled to meet again on November 4. The next meeting of the commission is scheduled for Wednesday, November 18 at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

            Rochester Town Administrator Suzanne Szyndlar reported to the Rochester Board of Selectmen during its November 2 meeting that plans were in place for the town’s residents to use Marion’s Benson Brook transfer station. With the nearly complete collapse of the former Carver-Marion-Wareham Regional Refuse District, towns have been developing new plans to handle the age-old problem of where to put the trash.

            Szyndlar explained that Marion had offered the use of its Benson Brook facility, but that associated costs were pending. When asked the current status of the former CMWRRD, Selectman Brad Morse, the board’s representative, said that there was still no outcome achieved. “Nothing has changed.”

            Selectman Woody Hartley said that the board’s attorney had their opinion and asked, “Have we issued an opinion yet on our right?” He pressed, “Have we notified them that, if it is open, we want to use it?” His concern was that “things could change” and suggested that something be put in writing now. The board agreed to put the matter on the December meeting agenda.

            Szyndlar also reported that plans were moving forward on the proposed 40R subdivision planned at the intersection of Routes 58 and 28. She said that meetings with the developer, Steen Realty and Development Corporation, had been taking place. “The developer should have everything by February in order to begin,” she said.

            On the matter of the upcoming November 16 Special Town Meeting, the board discussed the need to change the quorum from 50 registered voters down to 30, which is currently allowed by state statue due to the impact of the pandemic. While the selectmen encouraged voters to attend the meeting, they also accepted the likelihood of low voter turnout. All agreed such a change was necessary to keep the town’s business moving forward. Their intent to vote on the matter will be posted in the November 12 meeting agenda, Szyndlar confirmed, but an exact date and time were not moved by the board.

            The selectmen also met briefly with Don Voner of Verizon regarding the installation of a new pole on High Street. Before concluding this piece of business with the utility representative, Morse asked about the possibility of having several critically damaged poles replaced and removed throughout the community, noting, “There are a lot of public safety issues.”

            Voner agreed to pass along the need to review these issues with the appropriate staff members at Verizon. “I’ll get the ball rolling,” he said.

            The next meeting of the Rochester Board of Selectmen has not yet been scheduled.

Rochester Board of Selectmen

By Marilou Newell

            There are now eight active COVID-19 cases in Marion, including one positive case identified at Sippican School on November 3, the day the Marion Board of Health met for a brief meeting via Zoom.

            Confirmed COVID-19 cases now total 31 in Marion, a town that had thus far been an isolated ‘gray’ spot amongst a sea of red on the state’s COVID-19 Community-Level Data Map.

            “Marion has seen a spike of cases in the last few days,” said Public Health Nurse Lori Desmarais, a trend seen throughout the rest of the state. “We are on top of the cases,” she said, adding that she is the one leading the contact tracing efforts. “Obviously, as a community, we are very concerned.”

            “Quite a change, unfortunately, from earlier in the summer,” commented Board of Health Chairman Dr. Edward Hoffer.

            Board of Health member Dot Brown wondered aloud whether Marion might see another spike in cases over the coming days resulting from Halloween activities. She said there were a lot of people out trick-or-treating in the village area of Marion, “And most were masked, but they were all pretty close together, so I’m wondering if we might have issues from that.”

            “Well, we won’t know for a while,” said Hoffer.

            The superintendent of schools and Marion Town Administrator Jay McGrail sent out an announcement that day informing the public of a third confirmed COVID-19 case at Sippican School, which brings the total of confirmed cases connected to Tri-Town schools up to eight.

            According to Desmarais, none of those cases, including Sippican School, resulted from direct transmission from contact inside the school. All school-related cases were traced to contact outside of school. Those who had close contact with the positive cases have been contacted and advised to self-isolate.

            As for Tabor Academy, “They are doing quite well,” said Desmarais. Tabor has completed several rounds of testing, all with “good results,” she stated.

            “Tabor is continuing to do all the steps they have in place, and it has been very successful,” Desmarais said. As part of its COVID-19 risk mitigation plan, Tabor students will break for Thanksgiving on November 20 but will not return back to campus until after the New Year in January to minimize the risk of transmission through traveling back and forth for the Thanksgiving holiday break and then again for winter vacation.

            In his update, Health Agent David Flaherty Jr. reported that there had been no recent complaints about food establishments filed in Marion. However, he has received several complaints about people not wearing masks.

            “People are concerned with teenagers and other people that feel as though they don’t need to wear masks in public,” Mr. Flaherty said. He remains in contact with the Police Department regarding the issue. He will continue to do so, especially with Governor Charlie Baker’s November 2 orders that call for all people over age 5 to wear masks in public, even when social distaining of at least 6 feet is possible – which includes outdoor public spaces, Flaherty underscored. “So, that should prove to be interesting,” he said.

            Before adjourning the meeting, Desmarais reported that the drive-thru Flu clinics the Town hosted on October 8 and 23 were successful. In all, 244 people received Flu vaccinations from the comfort of their vehicles. Desmarais said she considers the experience to be a “dry run” for when COVID-19 vaccines are finally made available. “It worked well,” she said. “It seemed to go very smoothly.”

            The next meeting of the Marion Board of Health is scheduled for November 17 at 4:00 pm.

Marion Board of Health

By Jean Perry

            During the October 29 meeting of the Mattapoisett Marine Advisory Board, once again Mattapoisett Harbormaster Jamie McIntosh presented financial realities that would have a direct impact on the Waterfront Enterprise Fund’s ability to complete the wharfs’ to-do list.

            First up was a discussion to finalize increases and maintain control over tackle inspections. McIntosh reminded the board that the town had invested substantial amounts of money to upgrade the wharfs these last several seasons; thus, professionals should inspect the mooring tackle equipment and boatowners should no longer be allowed to conduct their own inspections.

            “The town has spent about $80,000 cleaning things up,” McIntosh said of the offshore mooring field around the Long, Middle, and Mello Wharfs. He said the process of inspection needs to be in the hands of the harbormaster.

            As he had previously recommended, McIntosh asked the board to approve a three-year inspection fee of $300 payable in three installments of $100 spread over three years, with $100 remaining non-refundable in the event a boat is sold. The board members agreed.

            The new rule reads: “All wharf spaces which have offshore mooring tackle affixed to pilings, eyes on the dock underwater, moorings, or any other means, any of which are utilized to hold their vessels off the dock must be inspected every three years, in the same manner as regular mooring tackle. The inspection of dock tackle will coincide with the years that moorings 001 through 500 are inspected beginning with the fall of 2018 into the spring of 2019. Due to the close proximity of the offshore mooring gear, all gear will be inspected at one time by a qualified mooring inspector. The cost will be shared equally by all wharf slip holders involved. Each wharf slip holder will be billed annually for [one-third] of the projected cost of the inspection, not less than [$100] annually that is non-refundable.” McIntosh further noted that this change will impact 20 wharf slip holders at a total of $6,000.

            Staying on the theme of harborside boating fees, McIntosh reopened the discussion of other increases in fee structures. He said, in order to keep retained earnings at a level that could sustain other wharf improvements and repairs, a 20-percent across-the-board increase would be necessary. McIntosh said that he and his staff would provide the labor for many projects, but that materials would still be necessary. “A blanket 20-percent increase would avoid delaying off-season projects.”

            There was some discussion about the ability of towns to increase waterways stickers that are set by the state. McIntosh said that an all-inclusive fee, a “harbor service sticker”, such as that currently in place in Wareham, could be instituted. In closing out his financial report, the harbormaster said the Waterfront Enterprise target sum for held retained earnings needed to be at about $29,000.

            A dredging project long in the planning that would give dinghy owners access to their vessels regardless of the tides was then discussed. McIntosh said that his office was in the permitting phase but, given the closure of many offices due to the pandemic, things were moving slowly. He added that monies would be sought at the Spring Town Meeting for dock expansion; failing that, grants would also be sought. McIntosh’s masterplan includes an additional 20 new dinghy spaces at a cost of approximately $20,000.

            McIntosh was called away when an alarm came in for a boat drifting off Cleveland’s Ledge. After the incident, the Harbormaster’s Office released the following statement via Facebook: “At approximately 19:40 hours, the Buzzards Bay Marine Task Force was activated for two people stranded on Cleveland Ledge Lighthouse after their vessel had drifted away. Mattapoisett Harbormaster, Mattapoisett Fire Rescue, and Marion Harbormaster’s team and additional agencies responded to the activation. One person was removed from the lighthouse while the other decided to stay.”

            Cleveland Ledge Lighthouse is now privately owned and is in the process of being renovated into a private residence.

            The next meeting of the Mattapoisett Marine Advisory Board has not yet been determined.

Mattapoisett Marine Advisory Board

By Marilou Newell