Dan Crete told an abutter to his recently purchased property at 288 Wareham Street that he filled a dumpster with discarded air-conditioners and television sets that had populated land where he wants to build two, temporary boat-storage shelters as soon as possible.

            The willingness to spend a substantial amount of money and time to remove such debris and prior good-citizen efforts has earned the trust of those abutters, and the Marion Planning Board saw fit on Monday night to award Crete the Special Permit he needs to erect his temporary boat shelters and maintain a clientele that was in jeopardy after the town sold the Atlantis Avenue property where he used to rent.

            A 7:05 pm public hearing for site plan review of the land purchased by his company, Saltworks Marine LLC, yielded lengthy discussion and a decision. The case had appeared before the Conservation Commission the week prior with no immediate concerns but was continued per town policy for remote-access meetings. Abutters responded in Monday’s Planning Board meeting, and Crete was forthcoming in his effort to save his boat-storage business.

            Represented by Dave Davignon of engineering firm Schneider, Davignon, and Leone LLC, Crete had introduced his case two weeks ago and, at the time, appealed for a streamlined timeline necessary with boats coming out of the water and going into storage in the coming weeks.

            Abutters John and Paige Hiller of 282 Wareham Road and Sandy Hiller (294 and 282A Wareham Road) had questions about the clearing of trees and the resultant site lines from their properties.

            “People have been dumping stuff out there for a long, long time,” said Crete, explaining his intention is merely to cut out the “underbrush” so he “can clean out the land.” He told the Hillers he will eliminate only some scrub pine and a little bit of white pine but will not disturb any of the majestic white oak trees. “There are no plans to pull anything down behind where you guys are,” he said.

            Sandy Hiller said that, as things stand right now, she can see the existing garage (that would be behind where the two storage buildings are mapped). “If it fills out, that’s wonderful. If it doesn’t, can something be done there, can we plan some arborvitaes?” she asked.

            Planning Board member Chris Collings echoed her sentiment, but members Andrew Daniel and Norm Hills argued that in light of the temporary situation being established by Special Permit it would be better to let the land fill in naturally and reevaluate it when Crete returns to the Planning Board inside of two years with a permanent proposal per the agreement.

            “I hope you’ll be thoughtful about the type of (permanent) structure, I think you’ve done a great job with your structures across the street,” said Planning Board Chairperson Will Saltonstall of Crete’s boat-repair shop across Route 6 from the development site.

            It is stipulated in the Special Permit that the two boat-storage shelters measuring 35 by 80 feet, placed 10 feet apart, and founded upon concrete “Jersey” barriers only be used for storage and light maintenance and that any engine work, grinding of boat bottoms or scraping of paint be done at Crete’s shop across Route 6. They are to stand no more than two years, at which time they will have to be taken down or be amended to fit into a permanent plan that would need Planning Board approval. 

            The Special Permit is good for 180 days, and subsequent applications to extend it must be made. According to Saltonstall, Marion Building Commissioner Scott Shippey will grant extensions beyond 180 days up to whatever the Planning Board sets but not indefinitely – Crete is asking for a two-year window.

            “Before two years gets here, we’re going to be back before the board to say this is what we doing …,” stated Crete.

            The shelters will rest entirely within a flood zone at an elevation of at least 10 feet. Stormwater retention components added include trenches along the sides of the shelters topped with a gravel surface to absorb the runoff.

            Member Joe Rocha asked about the life expectancy of the shelters and if they are safe in a windstorm. Crete said the shelters are made by a company called Farmtek, carry a 15-year warranty and a wind-load and snow-load rated. “I had one for eight years, it’s in wonderful condition,” said Crete, noting that the doors and zippers take a beating but are annually replaced by a company in Rochester.

            Member Eileen Marum asked about traffic on Route 6; Crete said the Atlantic Drive location required the same pathway at a greater distance between the storage and workshop locations.

            Saltonstall confirmed that there will be no site lighting.

            Attorney Robert Perry appeared before the board on behalf of Denise Allard and John Botelho, respective owners of a lot of land covering the addresses 61 and 63 Oakdale Avenue, seeking approval to split their land into separate properties.

            The ANR filing (Approval under the subdivision control law is Not Required) was originally two parcels that were built in 1943, Perry’s research yielded.

            “The idea of splitting them at this point is, after five generations, Botelho (family) wishes to sell and the Allard family wishes to keep their property,” he explained.

            Hills asked if two non-conforming (in size) lots need a variance from the Zoning Board of Appeals, and Perry said that under Massachusetts General Law 84 they do not. “I’ve been practicing law for 45 years now, but I’ve probably done 10 of these,” Perry said.

            Town Planner Gil Hilario suggested, in light of Perry’s confidence in his legal interpretation, the Planning Board might consider running the matter by Marion’s town counsel, Jon Witten. Having worked with Witten, Perry was amenable.

            “I want to do it right and want to make sure there are no issues with the title on the property when we go to sell it,” he said.

            Hilario suggested the request might need a special permit from ZBA.

            The case was continued and will appear on the agenda for the Planning Board’s next meeting on November 2.

            Saltonstall reported to the Planning Board that Marion’s bylaw codification is making progress with assistance from the Southeastern Regional Planning and Economic Development District (SRPEDD). The town is looking to establish a creative open-space bylaw that would facilitate growth including moderate-income housing with density-bonus incentives for developers.

            The Planning Board received an application for a house addition from Katrina Trull at 12 Emil’s Way but, lacking key information regarding square footage, the proposed structure’s location relative to the house or the lot, if it is tied into town sewer, parking, the application was considered incomplete. There was no site plan so there was no recommendation from the board.

            Collings discussed the new Wareham-Marion bridge work scheduled to begin in the fall of 2021 and to expect reduced traffic flow. Hilario expects a more pedestrian-friendly design. The bridge height is undecided.

            The next meeting of the Marion Planning Board is scheduled for November 2.

Marion Planning Board

By Mick Colageo

            Five O’Clock Farm might wish to consider a new name after 8, 9, 10, 11, and 12 o’clock were discussed by applicants Ross, Carol and Katie Speers with the Rochester Zoning Board of Appeals during their October 15 public hearing that awarded the Speers the Special Permit to operate a new horse farm on 6 acres of land at 66 Burgess Avenue.

            The plan as originally presented would feature a large outdoor ring, a new 140-by-70 foot indoor arena, a 80-by-36, 23-foot high, 10-stall barn, and a new septic system. There is fencing planned and many trees.

            The case was continued from September 24 in order to allow the Speers to meet with multiple abutters to their property so they could communicate their plans in greater detail. Ross Spears reported to the ZBA that meetings transpired during a two-week interim that became three weeks when an October 8 continuance was sent off the rails by technical difficulties.

            The Special Permit, needed in order to use the facility to give riding lessons – the Speers are allowed “by right” to board horses because the property is zoned for residential and agricultural uses – came with 13 stipulations, some of which were negotiated by the Speers and their abutters and some written into the decision by the ZBA with extensive guidance from Town Counsel Blair Bailey.

            After a motion and a second to close the public hearing, applicant Carol Speers was still trying to engage the board in discussion in hopes of expanding Sunday business hours prior to the noontime stipulation included in the decision. ZBA member Thomas Flynn interrupted her effort to point out that a motion was in fact on the floor and had been seconded.

            That motion to close the public hearing was then approved by a 5-0 vote, and a unanimous vote to approve the Special Permit with the stipulations as read by ZBA member Richard Cutler immediately followed and then a motion to adjourn. It was obvious that the applicants were dissatisfied with the abrupt conclusion, but due process was apparently followed. The Speers have 20 days from the hearing date to appeal the decision with the registrar of deeds.

            A summary of the stipulations: the dwelling on the property must be owner occupied (Katie Speers, who operates with a business partner, lives on the premises); the permit is non-transferrable to any unrelated person or entity; no more than one residence on the property; no more than 20 horses on the property at any time for any use; business hours from 8:00 am to 10:00 pm Monday-Saturday and from noon to 9:00 pm Sunday (Sunday closing time changes to 8:00 pm from Labor Day to Memorial Day; manure be stored in covered container and removed weekly April-October and twice monthly the rest of the year (daytime only removal, small areas for composting allowed but not close to property lines); deliveries allowed from 9:00 am to 5:00 pm Monday-Saturday; no on-site public-address system but a hand-held PA is okay; the sign shall not be lit internally or externally; primary parking in accordance with the revised site plan; no on-street parking permitted; on-site staff limited to five at any one time; property must maintain 20 foot landscape buffer where buffer presently exists; and exterior lighting must be International Dark Sky Association approved or comply with the non-profit organization’s community-friendly outdoor-sports guidelines.

            During board discussion, Flynn noted that Rochester has many horses and not many lights. “I don’t want this to be the Sears Tower in Rochester,” he said. Bailey suggested that, while Dark Sky’s guidelines are customized according to shadows rather than concrete times on the clock, the board consider appending a maximum height: “In no event shall a light on any pole be taller than 30 feet.”

            ZBA Chairman David Arancio instructed board members that they need to sign the decision at the town’s Annex building no later than October 20. Arancio credited Cutler and the Speers’ abutters for working through the stated concerns and told the Speers, “We wish you nothing but success.”

            The next meeting of the Rochester ZBA was not yet set.

Rochester Zoning Board of Appeals

By Mick Colageo

            The Marion Board of Selectmen approved two of six Water/Sewer abatement requests, that is appeals made by homeowners who believe they were unfairly charged, during Monday’s meeting at the Music Hall.

            Bernie Greenwood’s request for an abatement to the $2,214.93 sewer portion of a quarterly water/sewer bill over $4,000 at his 408 Front Street address was last on the list of those to be considered. Greenwood was not one of the two to gain the corroboration of the Department of Public Works and receive a sewer abatement. He got stuck with his bill and he voiced his displeasure to the selectmen in no uncertain terms.

            “I think you’re illegal because you don’t have a sewer meter. You’re charging me based on the water meter,” said Greenwood, pointing out that neighboring Mattapoisett installs sewer meters. “I feel that you guys are pulling a fast one, not only on me but on the 70 other people on Facebook said that they got bills that are astronomical.”

            Greenwood said his prior sewer bill was for $343. “I’m being charged for water that I used, but I can’t accept the sewerage because it went into my plants. The water that went into the soil didn’t go into the (sewer) system …”

            Selectman John Waterman said he, too, had a sewer bill reaching in several thousand dollars that he was forced to pay. Waterman laid out an explanation on how sewer usage is measured and gave a big-picture outline of Marion’s fiscal frustration over its inability to afford needed infrastructural repairs and updates, all the while falling further behind a recommended schedule.

            Greenwood further explained that he collects water while heating up for a shower and uses it to water plants or for their dog. 

            “You described how you conserve water, we do the same thing at my house, too. We’re not sitting here sucking our thumbs, we’re trying to help. It’s not going to change overnight,” said Selectman Norm Hills.

            Greenwood was told his increase is related to a drip hose he uses. Even so, he vehemently disagreed with being billed for water that he says went into the earth.

            “You’re going to be forcing people to leave town,” Greenwood told the selectmen. “You’re adding $13 to the sewerage rate in one quarter, it’s unbelievable. One or two dollars is one thing. You’re not doing your job.”

            Waterman explained the town was forced to borrow $8,000,000 to comply with an order to line the lagoons at the wastewater treatment plant, driving up rates on taxpayers.

            “The state comes along and says you have to spend $8,000,000 on your wastewater treatment plant. We met every requirement and they changed the rules,” he said. “We’re not happy with the water bill, we’re not happy with the sewer bill … we’re not trying to make money.”

            Waterman took the opportunity to explain to the meeting that, while most of Marion’s water-related infrastructure is 50 years old and outdated, the town is backing off of initial efforts to spend $2,000,000 every two years to upgrade its system. “We don’t think the rate structure can handle it,” he said, referencing an ongoing study aimed at finding a middle ground to address problems in hopes of improvement every four years at the cost of $1,000,000. “People have to realize we’re going to fall further behind. We’ll just have to deal with it as it happens.”

            Waterman said the state has been of no assistance and that he would not vote to reelect Governor Baker.

            Town Administrator Jay McGrail urged concerned citizens to write to state representative William Strauss. “Now’s a good time to do it,” said McGrail. Selectman Norm Hills is writing an update to Strauss on behalf of the town.

            Greenwood’s abatement request was denied, but McGrail said the town works with citizens needing assistance and would reach out to Greenwood the next day.

            In a 4:15 pm appointment delayed by the extensive discussion about water-sewer issues, the case of Shea Doonan’s revoked aquaculture license resurfaced as the town considers four applicants seeking licenses to use his location.

            Doonan told the selectmen he would like to transfer his license and has multiple interested parties that, if deemed qualified, could save him some of his lost investment. “There are people willing to give me money for the equipment,” he said.

            Harbormaster Isaac Perry said, “It’s in the board’s purview right now. I think it’s best that we review what we have in hand.”

            Doonan said he had a deal in place to recover some of the money he invested, but he is legally not part of the process in which the town is now engaged. McGrail told Perry that, if one candidate is clearly better the selectmen would listen to such a recommendation but that presenting two or three candidates would be the protocol.

            Doonan believed he could recover money for boats and equipment, but Perry offered only partial agreement. “The boats, yeah, the gear and the product on-site, no,” he said.

            Assistant Harbormaster Adam Murphy said that Doonan does not have the authority to transfer the shellfish product unless an applicant is reached through Marine Fisheries.

            McGrail explained that the selectmen will transfer the site to the best candidate.

            Perry will meet with the Marine Resources Commission and come back to the selectmen with a recommendation on a candidate to take over the site Doonan had occupied.

            McGrail visited Old Rochester Regional High School, the site for the November 5 Special Town Meeting, and toured the auditorium with Facilities Director Gene Jones. Marion will also use the ORR gymnasium for overflow seating; the gym will have audio/video feed, and residents viewed in the gym will be able to walk over to the nearby auditorium to address the meeting.

            Fire Chief Brian Jackvony is scheduled to speak about COVID-19 safety, and Waterman suggested the town use the meeting as an opportunity to recognize Chief of Police John Garcia, who is to retire at the end of the calendar year.

            McGrail assigned article preparation for the November 5 Special Town Meeting warrant as follows: Chairperson Randy Parker Articles 1-2; Waterman Articles 3-4; the Marion Open Space Acquisition Committee Articles 5-8; and Waterman Article 9. Due to a conflict, Hills cannot attend the Special Town Meeting.

            In his Town Administrator’s Report, McGrail noted that the town is recommending the opposite to tradition at Halloween, encouraging outdoor activities over indoor parties. An email blast to residents detailed guidelines for trick-or-treating.

            A Veterans Day Celebration will be held 11:00 am at Old Landing, where Parker will speak. Afterward, there will be a drive-through veterans’ lunch served at the Community Center.

            The Tri-Town Selectmen’s meeting will be held at 7:00 pm Thursday, October 22, via Zoom. It will address common matters including the agreement with ORCTV, but the ORR School District agreement will not be discussed because ORR is waiting on the state Department of Elementary and Secondary Education (DESE) for budget approval.

            Recent feedback from citizens has influenced a change from 4:00 pm Board of Selectmen meetings to 6:00 pm beginning with the new year.

            Parker thanked the Marion Garden Club members whom he noticed working in the rain on Tuesday.

            The next meeting of the Marion Board of Selectmen was not scheduled at Tuesday’s meeting.

Marion Board of Selectmen

By Mick Colageo