Although the Town of Marion amended a bylaw in 2020 to require all new construction septic upgrades to exceed Title 5 compliance and include approved denitrification technology, a tie-in to town sewer, when possible, is much preferred, according to Conservation Commission Chairman Shaun Walsh.

            In its April 14 meeting, the commission heard a continued case involving a Notice of Intent filed by J. Thomas Bowler Jr. and Ellen Bowler to demolish a single-family house built in 1986 and replace it with a new house at 17 Moorings Road.

            “We would much prefer a sewer line even to a denitrification system,” Walsh told project representative Dave Davignon, who had submitted a second revision on April 7.

            Davignon explained that the Board of Health would not grant the project a variance on its requirement that a denitrification feature be included in the planned septic system upgrade. The Bowlers’ intention has been to hook up to town sewer and, only if that cannot be accomplished, use a septic system instead. Davignon said the potential installation of a 2,000-gallon denitrification system will not result in any additional land disturbance.

            Walsh said it is highly unlikely the denitrification system will be needed, as he expects the Bowlers will be able to connect to town sewer.

            With that, the commission voted to issue the Bowlers an Order of Conditions including storm damage and flood control stipulations for land subject to coastal storm flowage at 15,000 square feet.

            Two other continued public hearings were revisited with positive outcomes.

            ConCom voted to issue John and Judith Wyman an Order of Conditions for their Notice of Intent to construct a 160-square-foot addition to their garage and a 296-square-foot carport requiring that several large trees be removed, a 120-square-foot expansion of their driveway that will be paved over 2,400 square feet at 12 Bell Guzzle Lane.

            Representing the Wymans, Rick Charron reiterated their need to shelter their vehicles in the winter and pave their driveway so they can spend more time at what had been a seasonal residence. He described the land as a heavily wooded site, so the project would remain low impact despite the removal of several trees.

            Representing Christopher Klapinsky in a continued NOI filing, Chris Gilbert detailed his revised plan, addressing some of ConCom’s March 24 comments regarding Klapinsky’s application to construct a patio, retaining wall, planting bed, and reconstruct a deck at 41 East Avenue.

            After Gilbert provided a detail of the retaining wall, including elevations at the top and bottom, and explained that the homeowner hopes to add a stone swale there to help drain the area to the east, the hearing was closed, and ConCom voted to issue an Order of Conditions including stipulations for storm damage prevention and flood control.

            Four new Requests for Determination of Applicability and two new NOI filings were heard for the first time and, per town rule during remote access public hearings, were continued to Wednesday, April 28, at 7:00 pm.

            William Jr. and Elizabeth Weber filed an NOI to replace an existing float and its bottom-anchored chain system with a pile-held, two-float system at 21 East Avenue. Davignon presented on behalf of the Webers. Walsh questioned the design and asked Davignon if he considered copying a float to the east considering the water was less than 2 feet deep.

            “There really isn’t all that much water as you go that far out at low tide so … we didn’t see a whole lot of benefit in terms of how we could use the structure…. The goal here is the existing float that we have is so small that it’s really just not usable for any purpose whatsoever. We’re just trying to grab some square footage,” said applicant William Weber Jr. “We would like at some point maybe in the future to build something more, but that’s a lot more investment. Since we just built the house, we weren’t prepared to start planning something of that size, so this is what we were looking to do in the interim.”

            Davignon said the applicant would have to build out another 30 to 40 more feet in order to gain 3 or 4 more inches of depth.

            ConCom member Jeff Doubrava then questioned extending a 20-foot float to 48 feet to achieve a 1-foot, 7-inch depth. Doubrava said his concern is the egress.

            “The ramp right now takes up maybe 8 feet of the existing float. We can’t put more than one lounge chair out there just to sit on a sunny day, so we were looking to pick up square footage to actually use it,” explained Weber Jr. “We do have a young family, so at high tide we like to jump off and swim. Paddleboards, kayaks we can leave out there, things of that nature. Things that we just can’t currently do right now.”

            Anne Bramhall filed a, NOI to remove non-invasive vegetation and trees within the buffer zone to bordering vegetated wetlands at 260 Converse Road. Her representative, Brad Holmes, described a “number of hazard trees and overhanging vines,” saying that the work would take place on the western portion of the property, staying between the 25 and 100-foot buffer zone.

            Several ConCom members walked the site on April 10. “It’s a thicket back there,” acknowledged Walsh. “It looks like it could really use some management.”

            Sippican Lands Trust filed three RDAs, one for the placement of boards atop existing rocks allowing passage over a stream for visitors to White Eagle Parcel at Old Indian Trail Road, one to reroute the Osprey Marsh Trail to avoid encroachment of private property at 354 Point Road, and another to repair a stone wall and remove and cutback invasive vegetation across from 173 Front Street.

            The encroachment case met with the most substantial discussion because it is not clear whether or not the Osprey Marsh Trail crosses over the property line onto the lot at 354 Point Road.

            “Before the SLT goes forward – it’s absolutely wetlands in this area where the trail would go – so before we act on this RDA, it would be a good idea to definitively determine where this trail is. Once markers are placed … if it is on the adjacent property, we’ll know exactly where we need to cut off that trail and reroute it,” suggested Walsh. Another ConCom member said it would be very difficult to reroute the trail through that area, being the most wet.

            In the case of 173 Front Street, Walsh said, “I appreciate the Sippican Lands Trust managing overgrown areas without the use of chemicals. I commend your efforts, and it is a lot of effort to manage invasives in this way.”

            Represented by Davignon, Todd Zell filed an RDA for a two-lot subdivision including construction of a roadway, underground utilities, and a stormwater management system adjacent to 525 County Road.

            Marion is interested in pursuing grants for coastal resiliency projects (aka hazard mitigation plan), and Walsh told ConCom members that Town Planner Gil Hilario has asked for their participation in a hazard mitigation plan development committee. It is expected that Walsh and one other commission member will join the committee.

            Under action items, ConCom voted to issue Jonathan Tracy a full Certificate of Compliance at 14 Ridgewood Lane. ConCom considered a request for comments from the Zoning Board of Appeals regarding an application for special permit or variance at 8 Kabeyun Road to be outside of the commission’s jurisdiction.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, April 28, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

            The April 15 meeting of the Mattapoisett Zoning Board of Appeals was not chockablock full, nor did it feature more than one case. But the case before the ZBA members would be a bit tricky given the L-shaped lot in question with an existing watermain easement running through the middle.

            The variance and special permit application filed by Marc Lareau, 44 Prospect Road, was represented by David Davignon of Schneider, Davignon, & Leone, Inc.

            Davignon began his narrative of the filing, noting that the lot was legally nonconforming and originally laid out in 1913 with an L-shaped configuration consisting of one section measuring 120 feet by 70 feet and the other 90 feet by 60 feet. The property also borders three roadways of which two are paper roads, having never been constructed. Davignon also stated that the public water easement runs through the middle of the property. As such, the applicant sought to move the water service piping, at his expense, and move it to a more conducive location for both the construction of a proposed in-ground swimming pool and the Water department’s service access. Davignon said a bonus to the neighborhood would be the replacement of an 80-year-old water pipe with modern materials.

            Setbacks were also discussed, as it came to light that on one side of the property the pool would be 18 feet closer to one of the paper roads than is allowed. Davignon said it is highly unlikely that the road will ever be built since it would have to be a private way, the costs would be high, and the pool would still be 30 feet from the roadway.

            Davignon also said that he had met with the Water and Sewer Commissioners regarding the possibility of moving the water line, receiving a positive response.

            ZBA member Colby Rottler said, “It makes a lot of sense. I like the idea of replacing an 80-year-old water main; the town benefits and this will benefit the community.”

            The vote was unanimous to grant the variance and special permit.

            The next meeting of the Mattapoisett Zoning Board of Appeals was not scheduled upon adjournment.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

            Marion Harbormaster Isaac Perry told the Marine Resources Commission on April 19 that he is troubled by the Harbormaster Department’s rising indirect costs, which he estimated to top out at $188,000 for Fiscal Year 2020. He asked that the item be included for discussion on the MRC’s May 17 meeting agenda.

            Alluding to the Town’s 2020 Annual Report and his own revenue export report for the last three years, Perry said, “You’ll see the indirects in there…. It’s been a hot-button issue [and] it’s becoming a serious problem.”

            A $6,000 annual increase in indirect costs to the department was followed in FY20 by a $9,000 increase. By comparison, Perry estimates that Mattapoisett pays approximately $70,000 in indirect costs.

            “If it keeps within that trend, come this time next year that could be a serious problem,” he said, suggesting the problem be brought to the attention of both the Board of Selectmen and the Finance Committee. “This is going to be a problem going forward.”

            MRC Chairman Vin Malkoski told Perry he will work with him and Deputy Harbormaster Adam Murphy to craft a letter over the next week, using figures from Perry’s three-year spreadsheet.

            “The harbor cannot serve as a profit center for the town; the town does not own the waters,” said Malkoski.

            Perry speculated that some of the problem stems from shared employees and legal costs, but he will construct a detailed report with percentage breakdowns for the selectmen’s and FinCom’s consumption.

            Chris and Nat Bryant, brothers who own an aquaculture license for a half-acre of space, attended the meeting and expressed concern that they may be left standing by new regulations and will not have had input before they become law.

            “Nobody’s making a lot of money out there, and to add another $3,000 in expenses,” said Nat Bryant, is a concern.

            “The other concern that we have … is this is going to put all the other shellfishing farms out of business in Marion,” said Chris Bryant. “For now, it will be just my brother and I working under these conditions … from what we’ve heard.”

            Malkoski, explaining that the subcommittee’s conclusions will be brought under the whole MRC’s review, with whatever the MRC recommends then reviewed by the Board of Selectmen, did not promise the Bryants an opportunity to participate in the think tank.

            “The Town was stuck with a bill for $11,000 to clean up a mess … that is what we’re trying to address,” said Malkoski, who acknowledged the Bryants’ strong performance and track record but stated that the MRC’s first obligation is to protect the Town.

            Shellfish Officer and Deputy Harbormaster Adam Murphy stated that the Harbormaster’s Department never said that everybody is going to be out of business.

            Chris Bryant referenced the oyster festival he and his brother brought to Marion and alluded to the challenge that the coronavirus pandemic has posed to their business, including three unsuccessful attempts to expand to another half-acre of farming space.

            “We would just like to be talking on the same page and not be talking on rumors and possibilities,” he said.

            The Town’s new pump-out shed, canceled for 2020 by the coronavirus pandemic, is now up and running, according to Perry in his Harbormaster’s Report. Also installed are two new Island Wharf transient floats, and Perry says the floats, replacing those that were damaged beyond repair by a storm in 2019, are installed and will soon be up and running. A dinghy dock was installed in the past week as well, leaving only a couple of scheduled float replacements left for installation, including one at Silvershell Beach.

            With only availability holding up the replacement of an outboard motor that went down last year on a patrol boat, the Harbormaster Department is spending $3,000 on motor repairs as a temporary fix until July when the new motor is expected. Voters approved the motor’s replacement at last fall’s Special Town Meeting.

            “It’s not a hit that we can’t overcome,” said Perry, noting that the repair money will come out of the Waterways Account.

            Perry told the MRC that he believes the only harbor-based article on the Warrant for the May 10 Annual Town Meeting is Article 17, $16,000 for the replacement of a motor and associated equipment for a pump-out boat. Perry said he expects to only need $5,000 of those funds, the rest being expected as a reimbursement from the state Division of Marine Fisheries but cannot be confirmed until January 2022.

            Revised plans for a new Maritime Center will be presented before the Board of Selectmen on Monday, April 26, in a 6:00 pm Zoom meeting, and Perry asked for MRC members to attend in support.

The harbormaster is holding off on completing commercial mooring and aquaculture regulations until after the May 10 Annual Town Meeting so the process can take place via in-person subcommittee meetings.

            In response to requests for an open house to meet with the MRC and visit the present harbormaster facility, Malkoski suggested a Saturday morning for a couple of hours. He told the meeting he will approach Town Administrator Jay McGrail with May 8 or 15 as potential dates.

            Perry said he still needs to complete a grant application and send it to the Seaport Economic Council by May 1.

            Salem State University will no longer be Marion’s supplier of soft-shell clams, but Perry said he is still trying to get the clams from Salem State this year.

            Finding another supplier will take time, and Murphy told MRC member Scott Cowell he will put together a list of possibilities “once the regulations are behind us.” Murphy told the MRC that he is preoccupied trying to get all the equipment in the water and operable for the 2021 season.

            Based on news that Marion intends to resume in-person public meetings after Town Meeting is held on May 10 at Sippican School, Malkoski is hopeful that the next meeting of the Marion Marine Resources Commission scheduled for Monday, May 17, at 7:00 pm will be held in person, location to be determined.

Marion Marine Resources Commission

By Mick Colageo

            Brian Grady of G.A.F. Engineering, Inc. came before the Rochester Conservation Commission on April 20 to discuss a Notice of Intent filing brought forth by Ben Bailey. The proposed work would see the construction of a 700-foot roadway to provide access to a single-family house lot. Though the project is still in the application process, it is already beginning to raise concerns from abutters on the nearby Gerrish Road.

            Grady began his presentation by explaining that the proposed access road is subject to numerous exemptions from the town’s bylaws, as it is being used to access a single-family house lot. Despite these exemptions, Grady explained that many of the additions to the plan, including a drainage basin, were added to benefit the project as a whole. The proposed limit of work would include clearing and grading within the 100-foot buffer zone to a bordering wetland, but no work inside of the 25 foot no-disturb zone is required for the project to be completed.

            Vice Chairman Daniel Gagne expressed concerns that the topography demonstrated on the plans shows that water would have to flow over the roadway in order to reach the water basin. He advised Grady to find solutions, such as a relocation of the water basin, which would prevent this kind of water flow. While Grady informed Gagne that he would look into the flow of the water, he maintained that the water flowing over the road would not be a significant hinderance to the Notice of Intent filing.

            Conservation Agent Laurell Farinon told commission members that she still needs to conduct a review of the wetland delineation on the site. She further stressed the importance of having commission members visit the site in order to gain a greater understanding of the topography and wetlands areas near the proposed roadway.

            Abutters to the proposed roadway also joined the meeting to voice their concerns surrounding the project. They were primarily concerned with perceived inconsistencies on the plans surrounding the ability for the project to gain exemptions from certain regulations. Grady worked to explain some of these inconsistencies and clarified that the site would provide access to only one single-family housing lot. Still, abutters recommended that the commission seek the help of an independent consultant to confirm the calculations presented in Grady’s plans.

            Commission Chairman Michael Conway explained that the proposal was still in its preliminary stages and that further review would likely resolve much of the concern surrounding the project. The commission voted to continue the public hearing on the filing until their next meeting.

            Austin Turner, of Bohler Engineering, came before the commission in order to seek a determination of non-significance for adjustments to a previously accepted Order of Conditions for a solar project on Old Middleboro Road.

            Turner had previously come before the commission in order to expand the existing limit of work on the site so that construction could include alterations to an existing ancient way that runs through the site. In his discussions with Farinon, Turner realized that it would be beneficial for all parties to find an alternative solution that would not require changes to the ancient way.

            The solution Turner arrived at involved a minor relocation of the outlet for the stormwater basin on the solar site. The new proposal allows the ancient way to maintain its existing location and remain as a continuous pathway. In addition, no additional tree clearing or brush removal will be required under his new proposal.

            Farinon explained that she was satisfied with the new proposal, and that the Rochester Planning Board had also accepted the plans made by Turner. For that reason, Farinon recommended that the commission deem the relocation of the water basin outlet as an unsubstantial change to the plan. The commission followed her recommendation and voted to allow the relocation of the basin to go forward.

            The next Rochester Conservation Commission meeting is scheduled to take place over Zoom on Tuesday, May 4, at 7:00 pm.

Rochester Conservation Commission

By Matthew Donato