By the time the revocation of Shea Doonan’s aquaculture license got to the Marion Board of Selectmen at its September 8 meeting at the Music Hall, the license had been suspended for three weeks and nothing the selectmen decided was likely to override a decision that had essentially already been made at the state level.

            Nonetheless, a heated debate ensued when Harbormaster Isaac Perry and Assistant Harbormaster Adam Murphy officially recommended the selectmen revoke Doonan’s license in two locations, Ram Island and Mittons Flats. According to Perry, the two, half-acre sites became the subject of five documented issues and nine instances where gear washed away from the site.

            “That’s a big problem for us,” said Perry, noting that the other oyster growers in town have had “zero issues.” He said there have been ongoing problems since Doonan took over the site, “from winter to midsummer, pretty much non-stop.”

            With board approval, the action to revoke would require Doonan to clean up the sites within 60 days.

            Doonan was given an opportunity to speak and said, “The punishment doesn’t fit the crime.” He acknowledged two mistakes and said he accepts responsibility for those mistakes, including not keeping his log on his person while at the site, and accepted he would have to pay a fine. The rest of it, he said, is personal against him. “These guys, they don’t like me, I don’t like them. That’s the way it is.”

            Perry said that the nature of Doonan’s violations, especially with oysters being culled at market size, were being left out in the open and could potentially cause harm to consumers if marketed. Furthermore, he said that, should any fish farmer in Marion waters be the cause of a health hazard in a restaurant, all the farmers in town waters would have to be shut down.

            Doonan insisted he has not acted in bad faith.

            He said he invested $150,000 on the whole site and barely made a dollar. “This is going to be complete financial ruin. How can one incident after I gain approval be a death sentence? There’s no room between paying a fine and a complete death penalty,” protested Doonan. “This is my life. I put everything into this. I’m sorry, I made a mistake.”

            Perry said he hopes for a new applicant(s) to take over the sites.

            “Marion cannot legally remove product from the site so it’s a problem. The gear is in the water,” said Perry, who said there is a procedure moving forward should the gear not be transplanted to a new owner. After the 60 days, the town charges the owner $25 per day per person to remove it.

            He called the problem minor in the short term, “but the longer we wait the more gear comes off the site.”

            After the selectmen voted unanimously to revoke Doonan’s license, the latter repeated his assertion that the process “is a joke” and stormed out of the Music Hall.

            Town Administrator Jay McGrail asked Perry if he wanted Chief of Police John Garcia’s assistance, but Perry said he and Murphy would handle it.

            In a 4:10 pm appointment, Tangi Thomas and Alison Noyce appeared on behalf of Tritown Against Racism, and spoke as mothers of black children in the tri-towns.

            Thomas, who grew up in Marion, has two children, a son in the second grade and a daughter in the eighth grade. Noyce, a mother of four from Rochester including two teenage sons of color, said she is trying to create some change in the tri-towns.

            Under the banner “Tangi’s Drive for Diverse Books,” Thomas has collected hundreds of books to diversify and create new libraries focusing on black history.

            Both Thomas and Noyce told stories of racially motivated conflicts at school, some involving their own children. After a Facebook group was formed following a racially offensive social-media post by an ORR student during the 2019-20 school year, it became apparent to Noyce and Thomas that the time to actively pursue systemic change was now. They alluded to members of the black and brown community sharing painful stories.

            Thomas participated in the group’s meeting with the Old Rochester Regional Joint School Committee, where she expounded on ways to make real and lasting change and said that 155 people attended the Zoom meeting.

            Tritown Against Racism’s goal, they explained, is to create an anti-racist tri-town, and the representatives noted how ORR Superintendent of Schools Mike Nelson has committed to partnering with the group including a representative at each school committee meeting. He has also committed to bi-monthly meetings with Tritown Against Racism.

            The group is also working with Old Colony Regional Vocational-Technical High School and with Tabor Academy.

            Over 1,000 people are in Tritown Against Racism’s Facebook group and more members who are not on social media.

            “Although we believe black lives matter, we are not a Black Lives Matter organization,” said Noyce, calling Tritown Against Racism “a grassroots organization” with a mission statement to identify and change systemic and/or institutional racism and dismantle it in the tri-towns while enhancing education and celebrating diversity.

            Selectman John Waterman asked, “How will you measure success a year from now?” Noyce answered, “We’d like to come back here in a year if we can.” “I think you should, too,” said Waterman.

            In a 4:20 pm appointment, the selectmen voted to accept a donation of up to $250,000 from the Sippican Historical Society to fund renovations to the front entrance to the Town House. They also voted to approve an arrangement to oversee the project that will include landscaping, a wheelchair ramp and will bring the building back to its 19th century grandeur. Will Tifft, the president, past president Frank McNamee and David Croll represented the donors.

            Among the other action items, the board approved the appointment of David Wilson as Special Police Officer for one-year probationary period. Wilson, as Garcia explained, is the town’s assistant harbormaster, in addition to being a 2014 Mass Maritime Academy graduate.

            “This helps us in a number of scenarios … Mr. Wilson has done a fantastic job for the town,” said McGrail.

            Also approved was a change prohibiting overnight parking at several locations listed at mariomma.gov. Parking overnight at Island Wharf is still allowed with a permit.

            Already below desired membership levels, the Zoning Board of Appeals is going through a personnel emergency after the passing of a member last week, the withdrawal of two aspiring members, and the intended resignation of another. The selectmen approved the addition of Jim Ryba, a retired prosecutor now living back in Marion after a career in New Hampshire, and Dr. Ed Hoffer, the chairperson of the Marion Board of Health.

            Ryba was interviewed during the meeting, but Hoffer was not present and resident Barry Gaffey said he would like to ask Hoffer a couple of questions. Gaffey disapproved of Hoffer’s role in condemning a home in town. Hills, who works with Hoffer regularly, vouched for his capabilities and fairness. The selectmen considered Gaffey’s debate to be hypothetical in nature and, once the discussion had been aired out, approved both appointments.

            The selectmen approved the Energy Management Committee’s addition of three new members, Tom Friedman, Alanna Nelson and Alex Roy, and approved the addition of an alternate, non-voting position so that member Jennifer Francis could volunteer to become the committee’s alternate member.

            In a brief Town Administrator’s Report, McGrail said Marion anticipates receiving $71,153.57 on Thursday through Plymouth County’s administration of CARES Act reimbursement funding. It is the first of four rounds of Marion’s $655,000 allowance in COVID-related, non-budgeted reimbursement requests. Marion’s second-round request, said McGrail, will top $250,000.

            The next meeting of the Marion Board of Selectman is scheduled for Tuesday, September 22, at 4:00 pm at the Music Hall.

Marion Board of Selectmen

By Mick Colageo

            The Rochester Planning Board meeting held on September 8 brought updates to the longstanding public hearing on the proposed mixed-use development at 22 Cranberry Highway adjacent to Seasons Corner Market.

            Phil Cordeiro, representing Steen Realty and Rochester Crossroads LLC’s project that includes 208 residential units and commercial space, began his presentation with a basic outline of the progress that has been going on outside of the board’s purview.

            Cordeiro explained that he is awaiting a follow-up from the board’s peer-review consultant in order to make the necessary changes to satisfy board concerns. While awaiting the peer review, Cordeiro has made progress with the Massachusetts Department of Transportation pertaining to his request for multiple curb cuts required for a bus stop at the site.

            According to Cordeiro, the previously proposed location for the bus stop would make it difficult for buses to properly turn back to the road after picking up passengers. The new proposed location positions the bus stop directly on the ring road around the development. This will allow buses to avoid turns that may be dangerous and cause problems with traffic.

            Though the proposal seems functional in theory, the project is still awaiting review by traffic engineers before any location for the bus stop can be officially determined.

            Rochester Planning Board Chairman Arnold Johnson explained that, due to the holdups, the most efficient course of action would be to allow traffic engineers hired by Steen Realty and the abutting Seasons Corner Market to submit traffic reviews to the Planning Board for its records. The board could then review these opinions and make a decision going forward.

            Chairman Johnson also posed questions surrounding mail delivery to the site and concerns surrounding traffic patterns. As much of those answers are up to the postmaster, Cordeiro could only explain that the location of the mailboxes would be deep inside the apartment developments and have little impact on traffic.

            While some of the delays surrounding the project have certainly related to the time required for Planning Board review, many of the problems also relate to differences of opinion between Steen Realty and Seasons Corner Market. On that front, Cordeiro was pleased to report that progress is being made.

            Cordeiro has been working with John Russell, who represents the interests of Seasons Corner Market, to settle their disputes surrounding the ring road. Russell explained that Seasons and Steen Realty have come to an agreement on the easements relating to the ring road and drainage systems. In addition, Seasons Corner Market is in support of the current plans that Cordeiro has brought before the Planning Board.

            The agreement was predicated on the construction of new signage around the Seasons Corner Market that will ensure that the vehicular exposure, which is vital to the store’s success, will remain as prevalent as it already is. Though progress was made in the negotiations between Seasons and Steen, Chairman Johnson explained that the addition of the new signage will mean that Cordeiro will have to bring a signage proposal before the Rochester Zoning Board of Appeals, furthering the development’s interaction with the town’s governing bodies.

            In the Rochester Conservation Commission meeting held August 18, Cordeiro also received news that he would not receive approval from the commission until the Planning Board approved a waiver pertaining to the groundwater mounding on the site. After he explained his dilemma to Planning Board members, Cordeiro made it clear that he would be resubmitting his application for such a waiver.

            Town Planner Steve Starrett provided some good news for the development. According to Starrett, the peer review of the site should be completed by the end of the week, meaning that Cordeiro will have the opportunity to make what might end up as the final updates to the project. Cordeiro expressed his hope that the next meeting will provide significant progress for the development.

            The next Rochester Planning Board meeting is set to take place on Tuesday, September 22, at 7:00 pm. Public participation will be accessible in person at the Rochester Middle School and remotely via Zoom.

Rochester Planning Board

By Matthew Donato

            On September 8, Marion’s Planning Board held informal discussions with David Davignon of Schneider, Davignon, and Leone, Inc. for a two-lot subdivision proposed by Todd Zell for property he owns off County Road.

            The concept includes two residential parcels of approximately 5 acres each with a shared private roadway off County Road. Zell also owns and has developed abutting parcels including one for his private residence. The property was discussed by Davignon as “basically flat” with cranberry bogs along one border and a solar array or solar farm on the other side. To the north, Davignon said the two previously developed lots are located.

            As he continued to describe the project and the property, Davignon said that the soils were very sandy and “percolated” well. This he assured the board was based on work he had completed for Zell on the other developed lots as well as work he had completed for the owners of the solar array. However, when pressed he said he could dig test pits for this project also.

            Davignon said his goal of attending the meeting on this night was to vet a number of waivers he would be seeking on behalf of his client. Those waivers are an engineering estimate for roadway materials, an impact statement, roadway turning radius, centerline of paved surface, stormwater-system setbacks, and granite curbing.

            The board, which included Chairperson Will Saltonstall, Vice Chairperson Andrew Daniel and members Chris Collings, Eileen Marum, and Kristin Saint Don-Campbell, as well as Town Planner Gil Hilario, took each waiver under advisement while also offering questions and concerns.

            Collings noted that a frequently asked waiver was one that eliminated granite curbs, wondering aloud if the town really wanted them everywhere or just in specific locations or on specific types of projects.

            Saltonstall said regarding stormwater detention ponds and setbacks, “Setbacks are created to protect abutters,” wanting to ensure that such systems performed as expected.

            Other comments were whether or not the subdivision should be serviced by a hammerhead roadway layout or a cul-de-sac. Davignon said he would discuss options with the fire chief and return with updated concepts.

            Davignon explained that public water supply in the area of the project came from Wareham and that accessing fresh water from that municipal system was cost-prohibitive. Fresh-water wells and septic systems are currently planned, but Marum expressed her concerns over contamination from the nearby cranberry bogs.

            Citing a 2005 study from the state of Wisconsin, Marum stated the study seemed to indicate the presence of cranberry-industry, agricultural chemicals in groundwater. With that in mind, she was concerned about the water quality on the Zell site. Davignon said he would look at the state setback requirements for cranberry bogs. Discussions will continue at the next Planning Board meeting.

            Earlier in the evening, the board members approved an ANR application filed by Albert and Julie Meninno for property located at 36 Main Street. Also represented by Davignon, the request would separate the residential house lot from a commercial parking lot that has long been used by St. Gabriel’s Church. Davignon said the parking lot would permanently become part of the church’s holdings, while the home, which is currently under a purchase and sales agreement, will be sold.

            Noting that the request had been before the Zoning Board of Appeals and received a variance, the Planning Board unanimously voted to support the application.

            A Special Permit application filed by Daniel Gibbs for 459 Mill Street was withdrawn, Saltonstall said. However, the applicant has refiled and will be heard on September 21 at 7:05 pm.

            The next meeting of the Marion Planning Board is scheduled for Monday, September 21, at 7:00 pm via Zoom.

Marion Planning Board

By Marilou Newell

CORRECTION

            A reporting error in the October 22 edition of The Wanderer misstated two actions of the Marion Planning Board during its October 19 meeting. During the public hearing for Saltworks Marine, LLC, the Planning Board approved the site plan review for two temporary boat storage shelters at 288 Wareham Street. The approval for the temporary construction is capped at two years. The building code requires Dan Crete, owner of Saltworks Marine, LLC, to seek the approval of Building Commissioner Scott Shippey for a special permit every 180 days. Also, an application made to the Zoning Board of Appeals for work proposed at 12 Emils Way was discussed by the Planning Board because the latter had received a request from the ZBA for comment.

What do you get when the weather is super fine for boating and you are the harbormasters of very popular seaside locations – oh, and toss in a summertime holiday weekend? You get busy.

            As summer winds down in fine weather style, Isaac Perry, Marion harbormaster, and Jamie McIntosh, Mattapoisett harbormaster, found their departments in high demand as several incidents required the rescue skills that boaters depend on during times of distress.

            Both Marion and Mattapoisett departments participated in a rescue off Cleveland’s Ledge on Saturday. Perry and McIntosh confirmed that, by the time they were on the scene, a commercial fishing boat had pulled three people from their sinking boat. Perry said the boat was full of construction supplies as the boaters were contractors heading to the Cleveland Ledge Lighthouse, now privately owned, to do renovation work. “We recovered eight sheetrock panels as well as assisting in righting the vessel,” Perry stated. Mattapoisett transported the boaters to Bourne, where they declined further assistance.

            Over in Mattapoisett, McIntosh said his team was busy all weekend with a small capsized sailing craft. No one was injured and the sailor was removed from the water, assisted with righting the boat, and sailed on.

            A near-drowning occurred off Barstow Wharf in Mattapoisett when a boater was unable to swim into shore from their boat. The person in the water was brought to shore and received first aid before being transported to the hospital. McIntosh said the swimmer was not seriously injured.

            Rounding out the weekend calls, Mattapoisett Harbormaster’s department responded to a call for help when a jet ski ran out of fuel near Ram Island and people on-shore heard someone calling for help. No injuries were sustained.

            Perry said with a chuckle, “We had lots of people in the harbor … mooring lines that needed untangling, just lots of stuff.”

By Marilou Newell