The owner of the Dunkin’ establishment at 450 Wareham Street went before the Marion Planning Board on May 3 seeking minor alterations to a site plan that had been awarded a special permit.

            The signature change is the elimination of the word ‘Donuts’ from the Dunkin’ brand. As tweaked, the letters of the new sign over the front doors will be slightly smaller than the 16-inch letters prescribed in the site plan. Other essential changes include a canopy over the menu board, digital letters at the drive-thru, and interior redesign elements that do not fall into the board’s purview.

            Project representative Luis Bettencourt told the board the owner is looking to tweak the plan of record. “We don’t like that ‘gauntlet gray’ that has been provided,” he said, alluding to intentions of choosing an almost-white shade of gray on the exterior of the building.

            Members of the board took no issue with the stated changes but did have a problem with contradictions on the plan of record.

            Andrew Daniel sought to clarify what was approved versus the plan’s call for building signage such as “Marion runs on Dunkin,’” and “Fresh is around the corner,” and other elements not in synch with the stipulations of the permit.

            “Purple door handles aren’t exactly ‘Cape Cod colors,’” said member Norm Hills. “I want to see a plan that doesn’t have that stuff. … I want something that codifies exactly what we’re agreeing to so in the future there’s no second guessing.”

            Bettencourt said those elements will not be part of the construction, and he was not aware of the coffee cup on the exterior sign. He was hoping his email on the matter would save the expense of hiring an architect to revise the site plan to local specifications.

            He further recommended the board visit the Dunkin’ off the rotary where Route 28 converges with Routes 18 and 44 in Middleborough.

            Town Planner Gil Hilario suggested that, if the Planning Board deems the requested changes to be categorically minor, then Building Commissioner Scott Shippey can rule on the matter and the board can apply conditions.

            “I think you do need to have plans that show the options you’re going to choose, not three options,” said Hills, who suggested providing the drawings with a letter stating the exceptions. “That would be acceptable.”

            Chairman Will Saltonstall recommended a PDF file of the drawings marked up so the Planning Board will have a plan of record.

            Poyant Signs is working with the applicant and will apply for the signage permit, according to Bettencourt.

            Outside the building, Daniel also noticed that trash receptacles were recently removed from the drive-thru path, resulting in litter.

            The most-serious concern was not on the agenda, as Saltonstall said that traffic on the site is backed out onto Route 6. “Not once in a while,” he stressed. “If the popularity of this site continues to grow and the density of this site grows, we may see a serious accident.”

            Hills noted a friend’s vehicle was hit by somebody trying to get into the Dunkin’ parking lot, while Daniel noted the extreme turn for cars heading east on Route 6.

            Bettencourt said that the owner of the Dunkin’ also owns the property next door to the right and will examine the traffic flow.

            “There is nothing wrong with saying, ‘This was approved, but things have changed.’ …Take a step back and say, ‘How can we make it safer?’” said Daniel.

            The board voted to consider the requested changes to Dunkin’s special permit to be minor. The board will send a letter to Shippey, and the owner will provide a final set of plans.

            A continued public hearing on a definitive subdivision plan on County Road near the Rochester town line per applicant Todd Zell was represented by Dave Davignon of Schneider, Davignon, & Leone, Inc.

            Davignon requested several waivers that were discussed in detail, none of which emerged as sticking points. But, citing the number of waivers, Saltonstall said he would like more time to look them over. The Planning Board voted to continue the public hearing to the board’s May 17 meeting at 7:05 pm.

            Referencing a 2018 report, member Eileen Marum said that pesticides were found in Wareham’s drinking water and asked Davignon for assurance that the well water is free of pesticides. Davignon discussed the permitting process, including testing at a local laboratory. A failure, he said, would require a new location at greater depth.

            “I’ve yet to see a site not be able to get potable water, but there have been issues with cranberry bogs – I’m curious if those sites were downgradient or upgradient,” said Davignon. “You cannot get a building permit unless you can show the Board of Health you can get (clean) water.”

            Davignon added that Zell and his brother built 18 years ago on adjacent lots, and he is not aware of any issues.

            No one answered the call for public comment.

            In a continued public hearing for a special permit and major site plan review submitted by applicant Sherman Briggs and Hamblin Homes, Inc. for construction of 28 townhouses at Spring and Mill Streets, Briggs made a point of inviting Planning Board members for a site visit.

            A visit was tentatively scheduled for Friday, May 7, at 11:00 am with representatives from Lakeview Engineering Associates (representing Briggs) and Beals and Thomas, Inc. (Town of Marion). According to Hilario, stormwater designs are contingent on discussions between the two engineers.

            “From a Planning Board perspective, we can have the site meeting, can talk to the review engineer, and we’re going to have a discussion. But then the ball’s in your court to have some pretty significant information. That’s my interpretation of where we are,” Saltonstall told Briggs and Steve Poole of Lakeview Engineering Associates, who represented Briggs at Monday’s meeting.

            The Planning Board voted to continue the hearing to May 17 at 7:15 pm.

            A continued public hearing for a special permit for a proposed zoning change to Residence E at Bournhust Road and Wareham Street represented by attorney Patricia McArdle was only reopened to be closed after the application was withdrawn.

            Saltonstall anticipates further discussion between the applicant and the Board of Selectmen regarding the potential for hookup to town sewer.

            The next meeting of the Marion Planning Board is scheduled for Monday, May 17, at 7:00 pm.

Marion Planning Board

By Mick Colageo

            The Rochester Board of Selectmen wants more time to digest the Rochester Memorial School agreement.

            “It doesn’t make sense to us the way the numbers line up,” said Town Counsel Blair Bailey, explaining to the selectmen during their May 3 meeting that Town Administrator Suzanne Szyndlar “ran the numbers” and came to the same conclusion. “I guess the best way to put it [is] we have some questions about the dollars of the deal.”

            Selectman Woody Hartley suggested Bailey and Szyndlar get together with ORR School District Facilities Director Gene Jones “and hash it out until you’re comfortable.”

            “I would like to hear from the highway surveyor on the new deal with (solar) canopies there,” said Selectman Brad Morse, referencing pertinent issues such as life expectancy of the parking lot underneath and its maintenance. He questioned the power amount, saying it is based on an assumption and suggested that the payment in lieu of taxes (PILOT) amount comes under the purview of the Assessors’ Office.

            Morse also articulated concern with neighbors, alluding to a prior problem with abutters when the school building addition was done. Hartley said those problems were remedied.

            “I’m trying to avoid conflicts so we don’t end up in a two or three-year battle,” said Morse, who ran the meeting as Vice Chairman because Chairman Paul Ciaburri was attending remotely.

            Ciaburri questioned the PILOT program and the cost of the electricity. “I would like to see more information about that and have the highway surveyor talk to us about snow removal,” he said.

            Bailey said that from a zoning standpoint, solar power is technically an allowed use.

            The selectmen agreed to continue the discussion at a later date when they have the needed information.

            The selectmen voted to sign the Annual Town Meeting Warrant and voted to accept a SEMASS PILOT payment of $340,260.

            In her Town Administrators Report, Szyndlar reported an expression of interest for feedback on the report from a feasibility study that SRPEDD representative Eric Arbeen helped Rochester undergo. She said that the full application for the study can be submitted between May 3 and June 4.

            Plymouth County representatives visited Town Hall on April 30 to present Rochester’s third CARES Act reimbursement check in the amount of $113,132. Szyndlar said she expects the town will file a total of seven submissions and noted that a new program called the American Rescue Plan Act (ARPA) will draw from a $1.9 billion appropriation, including $3.6 billion earmarked for state and local governments. The program will be divided into two halves beginning May 11 and again nine months later. Rochester expects to be eligible to receive $516,000 in funds that would pass through the state to the town.

            Szyndlar said ARPA will operate on four basic rules including revenue replacement for FY19 figures covering the cost of hazards such as duty pay, COVID-19, sewer/water, and infrastructure, but not including OPEB payments or for the purpose of lowering taxes. The timeline will operate from March 3, 2021 to December 21, 2024.

            Libraries and schools will get their own ARPA funding and, unlike via the CARES Act, will administer the program separately from the towns.

            The selectmen voted to approve Police Chief Robert Small’s recommendation that part-time officer Austin Alves be hired as a full-time police officer. Small said that Alves worked for over a year as a part-time officer and described him as diligent in his working and learning. Alves is also an EMT with a Bachelor’s in Criminal Justice. Bailey said, “Normally this would be a more momentous an occasion…. Apologies it’s not as momentous over Zoom.”

            Hartley addressed the recent appearance of commercial advertising on telephone poles all over Rochester. “Eventually it will become litter because the wind will knock it off,” he said, identifying the advertiser as an out-of-town company. “I assume it’s against town bylaws.” Morse recommended mailing the company a citation.

            In other business, the selectmen approved a donation of $24,253 from the SEMASS request fund that will address, among other requests, police vests at $8,000, plus other police equipment, and requests of $2,728 and $3,000 from the Park Department.

            The selectmen also voted to approve two ranges seeking to renew their operating permits, and it was decided to forego plans for a 2021 Memorial Day celebration and instead key on Veterans Day in the fall.

            The selectmen entered executive session to discuss a personnel issue not specified in the agenda and did not return to open session.

            The next meeting of the Rochester Board of Selectmen is scheduled for Monday, May 17, at 6:00 pm.

Rochester Board of Selectmen

By Mick Colageo

            In a lead-up to Mattapoisett’s May 10 Annual Town Meeting, months of board and committee meetings dissected finance reports, consultants’ studies, and departmental needs analyses, and debated at least a few controversial topics. Two Water and Sewer Department projects raised concerns during the April 29 meeting of the Mattapoisett Finance Committee.

            The members systematically reviewed each warrant article needing their comment at Town Meeting, but when they reached Article 24, Transfer of Funds for New Project Funding, a sum to be used for sewer main line improvements across the Eel Pond breach, Finance Committee member Tyler Macallister spoke strongly against spending money on a plan that would leave the line in its current location.

            “I’ll be speaking against anything other than bringing it down Route 6,” Macallister firmly assured the committee. He said that years ago, when he was a sitting selectman, the discussion had always been the importance of moving the main line from the environmentally sensitive location.

            “We were always told we were one storm away from catastrophe,” he said, painting the dire state the town would be in with a rupture of the line, which would not only impact the waterfront, but the entire community. “We’d have to use trucks to take the waste to Fairhaven.” Macallister said that a Transportation Improvement Project (TIP) is planned for Route 6, and thus the sewer line should be moved along that roadway before construction takes place.

            In a follow-up, Macallister said the Board of Selectmen during his tenure “looked at this between 2007 and 2014,” and that discussions were centered on moving the line from the beach and trestle bridge.

            The Sewer Department’s current plan would take approximately $600,000 in savings from several completed projects to pay design costs for the Eel Pond sewer line. Though no note was taken, the committee members agreed that additional study is needed before the project moves forward.

            In Article 11 covering Capital Plan Funding, both the Water and Sewer Departments would be shouldering 50 percent for design costs for a new overall departmental headquarters involving land owned by the town in the Bay Club subdivision. Each enterprise fund would pay $25,000 for a total of $50,000 for the plan. FinCom Chairman Pat Donoghue voiced her concern: “I’m troubled about moving ahead with funding on land that’s pretty valuable. We have other needs.”

            Back to the beginning of the meeting and the warrant articles.

            Article 1, Elected Officers Compensation, Town Administrator Mike Lorenco noted the overall increases were 2 percent with the exception of the town clerk, whose salary is being increased from $63,800 to $70,000 to bring the position more in line with other communities. Conversely, the salary being proposed for the highway surveyor, a position that will see a new staff member with the retirement of Barry Denham, is being decreased from $90,958 to $75,000. Lorenco said the Board of Selectmen felt a new hire would not have the level of experience that the outgoing surveyor brought to the job and thus a decrease is in order. The members voted to recommend.

            Article 2, General Operating Budget for FY22, $29,894,778, was also voted for recommendation. Article No. 3, Payment of Prior Year Bills, a sum of $25,699 was explained as part of a reconciliation with the solid-waste contractor ABC Disposal Service, Inc. Lorenco called it a “righting of the ship.”

            Article 4, Appropriation for OPEB (other post-employment benefits) in the sum of $179,100, was recommended by FinCom for a reserve fund established to help pay for benefit obligations to retiring municipal employees from various departments. From that total appropriation, $140,000 will be earmarked for the town – $10,000 for Mattapoisett’s share of ORR liability, as well as $4,100 from Sewer Retained Earnings and $25,000 from Water Retained Earnings.

            Article 5, Revolving Fund Authorization totaling $300,000 authorizing expenditure limits, was recommended. Article No. 6, Cyclical Annual Property Revaluation and Town Mapping, $36,000, was also recommended for the purpose of funding the Department of Revenue mandated cyclical revaluation of property and mapping updates.

            Article 8, Water Reserve Account, $10,000, establishes a fund for unforeseen expenses. Article No. 9 establishes the same amount with the same purpose. Both were recommended by FinCom.

            Article 11, Capital Planning Fund, $479,889 with $294,889 from free cash, $90,000 from Water Retained Earnings, and $95,000 from Sewer Retained Earnings, was recommended. The article lists the following expenditures: $42,889for local school phone upgrades; $18,500for library roof and skylight repairs; $85,000 for Highway Department sidearm mower attachment; $14,500 for Fire Department pontoons for boat; $54,000 for Long Wharf grant match; $25,000 for local schools floor tile replacements; $55,000 for a police cruiser. Water Department expenditures are well upgrades for $30,000; new building design (50-percent share) for $25,000; new truck (50-percent share) for $35,000. Sewer Department expenditures are lift station upgrades for $35,000; new building design (50-percent share) for $25,000; and new truck (50-percent share) for $35,000. All were recommended.

            Articles 13, 14, and 15, Allocation of Revenues Community Preservation Act, covers grant applications recommended by the Community Preservation Committee and the FinCom. Those requests are $35,000 from the Mattapoisett Historical Museum for repairs to the front entranceway, $20,000 for the funding of Cushing Cemetery Records from hardcopy to digital formatting, and $20,000 for the ORR Press box, also supported by funds from Marion and Rochester.

            Article 18, Meals Tax Statue, though not part of FinCom’s watch, inspired a bit of lively discussion when Donoghue wondered if the voters have received sufficient notification that a tax on meals at local venues is being proposed. Lorenco said that the new revenue generated from the tax would be 75 cents on $100 spent.

            Article 19, Town Road Improvement Plan Funding, $450,000 was recommended by the FinCom. The sum will be used to fund the 75-percent design needed to qualify for federal grant monies. It will be paid for by debt exclusion, Lorenco explained, or other funding means.

            To view the warrant in its entirety, visit Mattapoisett.net.

            On May 3, the Board of Selectmen met briefly to vote on the Town Election Warrant. It was explained that the ballot is not considered valid until the selectmen vote to accept it and sign approval as well.

            Chairman Paul Silva asked for a moment of silence in honor for Selectman John DeCosta, whose death he said was shocking, and he expressed deep sympathy for his family. DeCosta’s funeral took place earlier in the day.

            Other matters handled included the approval of yoga at Ned’s Point for up to 50 people sponsored by the Mattapoisett Wellness Center with a portion of the proceeds earmarked for Friends of Jake and a local food pantry. Classes will be held from May 29 through September 4 at 8:30 am. Also approved was the return of the Antique Car Shows on Friday night twice a month between June and Labor Day in Shipyard Park, and the Relay for Life event held in August. All events and activities held on town properties are subject to local and state pandemic guidelines. Presently the limit on gatherings is 50 people in outdoor venues until further notice.

            The next Board of Selectmen meeting will be held prior to the start of Town Meeting on Monday, May 10, at 6:00 pm in the ORR gymnasium.

Mattapoisett Board of Selectmen

Mattapoisett Finance Committee

By Marilou Newell

            Laurie Whitney-Lawrence will have to wait before she can legally use her Mendell Road property as a part-time event center.

            What began in 2013 as a $7,000 savings for her daughter’s wedding and reception evolved into a venue for other events including a fundraiser for Rochester Youth Baseball, memorial services and bridal showers.

            Whitney-Lawrence told the ZBA that by word of mouth the potential has grown to the point that the property is currently sought out by three more couples who want to get married on the 3.98-acre parcel that features a 106 by 46-foot tent and does business as Arch at the Meadow.

            In Appeal No. 1162 heard by the Rochester Zoning Board of Appeals on April 22, Whitney-Lawrence went before the board seeking a Special Permit to host private functions including receptions and showers under Chapter 20.40, Section F.6.

            The property has been owned by Whitney-Lawrence and her husband, Glenn Lawrence, of 332 Mendell Road since 1986, and it is zoned as residential/agricultural. The property has no dwellings but has seven structures, including a hangar housing two airplanes (down from five), a gazebo where the bartending service operates, and a mobile home that has been converted into a bathroom.

            Whitney-Lawrence came before the ZBA hoping that the fact so little has changed on the property would produce the minimal deliberation required before a special permit would allow her to follow through on a schedule that hopes to host a wedding on June 12.

            “Because we’re pursuing to do this a little bit more with people we have known, but now more people are coming to us,” said Whitney-Lawrence, who said she plans no more than three events per month. “Three tops is all we would ever want to do (per month)…. We’re not a traditional wedding [business].”

            Her plan is to open the property to privately planned events at 9:00 am and close no later than 10:30 pm, depending on the function. She told the ZBA that her caterers are licensed and insured.

            Rochester Fire Chief Scott Weigel spoke on the applicant’s behalf, having met last spring with the family. “They’ve done everything I’ve asked them to do,” said Weigel, who conducted a safety inspection. “I will do the same this year.”

            Nonetheless, ZBA Chair David Arancio, who serves on the board of directors of the Rochester Youth Baseball and offered to recuse himself if any ZBA member thought he should – no one did so, and Arancio stayed on – agreed with members Richard Cutler and Kirby Gilmore that the situation is so far outside the box of anything the ZBA has tackled that more information is needed in order to judge the situation with confidence.

            Planning Board Chair Arnie Johnson, who sat in on the public hearing, said he was waiting for an opportunity to discuss the matter with Town Counsel Blair Bailey, who was not able to attend.

            Parking became a concern, but Whitney-Lawrence assured the board that only on one prior occasion did traffic spill out onto the street due to overflow, and steps have been taken to ensure that does not happen again.

            It was estimated that there are 28 parking spots in the back of the property and an additional 50 spots in the front. “If it’s a large wedding, we ask them to rent bus transportation,” said Whitney-Lawrence.

            While Whitney-Lawrence said she has the support of neighbors whom she said were on the call, they did not speak.

            After lengthy deliberation, the board voted to continue the case to May 13 at 7:00 pm and will request Bailey’s attendance at the next hearing to address some of the questions posed by Johnson and ZBA members.

            In Appeal No. 1163, applicants Carl and Jennifer Achorn of Mattapoisett were issued a variance for relief under Chapter 20.40, Section D.1, for the construction of the single-family house on an undersized (1.35 acre) lot.

            The land, zoned for agricultural/residential use, was still owned at the time of the public hearing by Paul Chamberlain of Weymouth, and no buildings are on the lot at the present time.

            The Achorns wish to build a 2,200 square-foot house and a subsurface sewage disposal system within the groundwater protection zone and estimated habitat of rare wildlife. The dwelling as planned will exceed all the required setbacks.

            Abutter Nora Dupont, 182 Hartley Road, articulated concerns with wetlands and underground water. “There have been things that have happened around us and it does cause problems. It’s unpredictable,” she told the ZBA. “When we bought our house … we were told there would be no houses on that side because it was agricultural land and would always stay that way.”

            Despite Dupont’s objection, the board voted to issue the variance with the condition that the house not exceed 2,200 square feet.

            In other business, the ZBA reiterated its decision to continue reporting to the Annex building to sign case approval documents rather than use the costly DocuSign program.

            The next meeting of the Rochester ZBA is scheduled to be held on Thursday, May 13, at 7:00 pm.

Rochester Zoning Board of Appeals

By Mick Colageo

            The decline of COVID-19 cases in Marion is encouraging, reflecting the overall trend across the state as more are vaccinated and fewer are testing positive. Marion had zero positive cases of COVID-19 as of press time on May 4 when the Marion Board of Health met for a brief meeting.

            “The numbers are obviously coming down,” said Public Health Nurse Lori Desmarais.

            Marion has seen 420 confirmed cases since the onset of the coronavirus pandemic.

            Sippican School has one person connected to the school in quarantine awaiting test results, with zero currently in isolation. So far, the elementary school has had 38 confirmed cases linked to staff or students at Sippican School.

            Tabor Academy is reporting zero new positive cases with zero students in quarantine or isolation. Tabor will continue to conduct weekly surveillance testing of students and staff, Desmarais stated.

            Sippican Healthcare Center has reported one new confirmed case connected to the nursing home after a long stretch of weeks without any new cases.

            In other matters, the state’s oral rabies vaccine distribution planned for this week has been delayed due to inclement weather. Desmarais said the operation to distribute the oral rabies vaccine via a low-flying helicopter should commence by the end of the current week, pending the weather forecast. The program targets wildlife such as raccoons to help stop the spread of rabies in the wild.

            Board of Health Chairman Dr. Edward Hoffer stated that several raccoons reported as “acting unusually” that were caught in Marion and euthanized all tested negative for rabies.

            Desmarais reported that her clinical hours for the Council on Aging at the Community Center have been running smoothly and picking up steam as people are beginning to show up for the weekly Wednesday 1:00-3:00 pm sessions to have their blood pressure checked and talk about their concerns.

            “People are coming back,” said Desmarais. “It’s nice to see the activities at the COA using the tents. … That has been working well.”

            Desmarais said the COA would be working with the Fire Department to conduct a “sharps drop-off” on Wednesday, May 12, from 9:00 am to noon. According to Desmarais, the Fire Department will be taking on the responsibility that the Police Department has historically managed. Desmarais said the Fire Department would facilitate more sharps drop-offs with the COA in the future.

            “Well, it sounds like things are relatively peaceful and quiet at the moment,” said Hoffer. “We will hope it stays that way.”

            The next meeting of the Marion Board of Health will be held on Tuesday, May 18, at 4:00 pm.

Marion Board of Health

By Jean Perry