Elizabeth Smith and Laura McCord Grauer, of 5 Water Street and 23 Water Street respectively, have each inherited a house situated on the properties. Having at one time been two separate lots, the two contiguous lots were combined into one larger lot as a result of a subsequent state law mandating that two contiguous properties owned by the same person be merged into one.

            Now that the sisters have each been bequeathed a house from their late mother, they are looking to restore the original lots lines, albeit slightly altered via a land conveyance for a more equitable split. The problem they face, however, is that current zoning won’t allow it because the lot, if divided, would create two new non-conforming lots under two acres in size.

            Engineer David Davignon explained to the Marion Zoning Board of appeals on September 10 why he was there and what he needed from it on behalf of the sisters.

            When the neighborhood was rezoned in 1999 from Residence B to C, Davignon explained, the minimum lot size was increased to two acres with a minimum of 200 feet of frontage for compliance.

            “In this area of the village, nobody complies,” said Davignon. “So when the town re-zoned the map it made everybody there non-compliant.”

            Subdividing the one lot for 5 and 23 Water Street would introduce two new non-conforming lots. But while 23 Water Street independent of 5 Water Street would comply with the frontage requirements, 5 Water Street would not, which is why a small land conveyance from 23 Water Street would satisfy at least that aspect of the zoning bylaw.

            The re-zoning, Davignon said, “It put the hardship on a lot of the people who already had property in place.” According to Davignon, the coastal neighborhood re-zoned to Residence C contains 169 non-conforming lots.

            Davignon plans to petition the Planning Board for an Approval Not Required (ANR) subdivision of the land, but before he can he must receive ZBA approval for a variance to allow for the creation of the two non-conforming lots.

            “So you’re basically evening up the two properties,” said ZBA member Margie Baldwin. At the beginning of the hearing Baldwin announced that she is familiar with the family but that it would present no conflict of interest if she participated in the vote. “Everything’s non-conforming in the village,” Baldwin chuckled. “Well, it certainly doesn’t impact anyone but the applicants.”

            The board was concerned, though, about whether it had the power to allow two non-conforming lots to be created. For caution’s sake, the board opted to consult with town counsel before moving forward.

            “I think it’s a no-brainer,” said Building Commissioner Scott Shippey. “However, we’ve got to cross our ‘T’s and dot our ‘I’s because we don’t want to put you (the applicant) in a situation that could hurt the town or you.”

            “This is unique,” said Davignon. “It fits the unique criteria, that’s for sure.”

            The hearing was continued until September 26.

            The next meeting of the Marion Zoning Board of Appeals is scheduled for September 26 at 6:30 pm at the Marion Town House.

Marion Zoning Board of Appeals

By Jean Perry

            Mattapoisett residents got a deep dive into the world of schematic drawings and architectural renderings when Chris Rogan of Context Architects, and civil engineer Katie Enright of Howard Stein Hudson, gave a 30-minute presentation outlining construction details for Mattapoisett’s new fire station during the September 16 meeting of the Mattapoisett Planning Board.

            In attendance were several residents from the Villages at Mattapoisett, a condominium complex that abuts the new fire station property line, as well as homeowners from the Pepperbush Lane, and Church Street areas. Those residents would voice concerns later in the proceedings.

            Enright spent the majority of her presentation explaining that drainage systems from the police station were not up to current standards. She said that a large underground drainage pipe that ran 500 feet from the police station to wetlands behind the skate park had for years dumped water in a manner that are unacceptable by today’s standards. She said that plans for the new fire station would address those drainage issues while also planning separately for drainage of the fire station itself.

            Enright said that several drainage options had been evaluated, including tying existing drainage systems into new systems for the fire station. Those ideas were discounted. She said that plans now include changing the police station drainage to a 300-foot pipe that would include check dams designed to slow water flow for greater absorption before water reached the wetland areas. The new design also included vegetated swales that would assist in absorbing some of the flowage.

            Rogan outlined the buildings features that include washdown drainage systems for the apparatus that separate gas and oil before wastewater enters the public sewer system. He explained in detail the interior spaces of the new station, designs that include sleeping quarters, showers, meeting/training space and room for all equipment in one central location.

            Rogan confirmed that plans meet all current zoning bylaws, saying, “A zoning analysis shows we are in compliance.”

            Regarding curb cuts onto Route 6, Rogan said a new driveway on the east side of the police station would allow the ambulance to exit the property faster. A second curb cut would be made at the entrance of the new fire station. Hubbard’s Way would be relocated about 5 feet to allow for parking changes at the police station.

            Anticipating questions from abutters and surrounding neighbors, Rogan explained that additional plantings along the lot line between the condominiums and the fire station are part of the landscape designs, as well as LED lighting. The LED lighting, Rogan assured all, would control light spillage by targeting the beams only where needed to illuminate the building and the parking lot. Plans also include sidewalks along Route 6.

            Residents’ concerns focused primarily on current drainage problems they are experiencing. David Fuerman of Pepperbush Lane said he lacked confidence in the town, given the many years his neighborhood has complained about water run-off without a solution. The consensus of the residents from abutting areas was that development along Route 6 equaled more water problems for residents downstream.

            Again, Enright explained stormwater management plans that would help slow down flowage and pooling problems. But she said residents in the Pepperbush neighborhood were situated between wetlands to the east and the Mattapoisett River to the west. “Water is going to flow naturally in your direction.”

            Church Street residents questioned if their property would become parking lots for the new fire station. Enright and Rogan explained that some trees would be removed, but that the majority would be left in place to create a natural buffer and screening.

            On the subject of signal lighting on Route 6, Selectman Jordan Collyer said that the town was seeking state grant monies.

            Site plan review for the new fire station was continued until October 7.

            Earlier in the evening, Scott Snow expressed his frustration with an outburst when he came before the board seeking “minor modifications” to a plan recently approved. Rich Rheaume of Prime Engineering, on behalf of Snow and the Eldridge Estates subdivision, asked if the board would entertain approval of minor adjustments to the plan of record.

            Chairman Tom Tucker was reticent to engage in decision of changes, saying, “You don’t want to go there.” What he was referring to, however, was not the many times the board had taken umbrage to the manner in which materials and associated information for the Eldridge Estates subdivision was provided or lack thereof, but instead was referring to another project Snow has apparently not fully completed in town.

            During previous discussions with Snow, the Ocean Breeze project was brought up. According to Planning Board Administrator Mary Crain during a follow-up interview, roadway work completion was pending, and outstanding monies are owed to the town for peer-review fees. However, she said, the Ocean Breeze project was not tied to the Eldridge Estate subdivision. Snow, for his part, said as much when he shouted from the back of the room, “That’s illegal…” in reference to Tucker bringing it up now.

            Tucker told Rheaume that the Eldridge Estates project would have to be re-advertised and then re-opened for public participation before the board would review any modifications. The project was continued until October 7.

            Also continued were Approval Not Required filings by Kate Tapper, 35 Pine Island Road, and The Preserve at Bay Club for lots on Split Rock Lane.

            The Mattapoisett Planning Board is scheduled to meet again on October 7 at 7:00 pm at Old Hammondtown School.

Mattapoisett Planning Board

By Marilou Newell