The Marion Board of Selectmen voted unanimously during its March 2 meeting to turn down Diane Bondi Pickles’ proposal of a memorial bench in honor of her late husband Raymond Pickles that she would donate and set near the Harbormaster’s office at her own expense.

            Ray Pickles, former Marion town administrator, town clerk, assessor, building inspector, and Carver, Marion, and Wareham Regional Refuse Disposal District director, passed away on December 19, 2020, at age 86, while he faced six criminal felony counts of Grand Larceny for allegedly stealing $675,000 from the CMWRRDD. The CMWRRDD later dropped its civil suit against the surviving defendants on April 15, 2020, of which Bondi Pickles was one; the criminal case was dismissed after Pickles’ death.

            In publicly reading a letter she had sent the board prior to the meeting, Bondi Pickles emphasized her late husband’s 47 years of public service to the Town of Marion, including his 29 years as town administrator. “Ray loved this town,” she said, citing testimonials.

            Selectman Norm Hills, who served as treasurer of the CMW district for Marion’s final three years of membership, referenced “significant irregularities” and said, “Based on that, I’m not inclined to agree to this request.”

            Bondi Pickles asked Hills to be more specific, arguing that her husband was only accused and that the case never went to trial. Furthermore, she said she was the victim of slander. “I lost my job, I had to resign,” she stated.

            Hills agreed that the CMW was a very complex financial undertaking but said, “A lot of money missing when Ray was involved,” calling Pickles “captain of the ship at the time.” Hills said, “In the early years, Ray did an amazing job, but in the last three years…” Hills was interrupted at that point.

            Neither Selectman John Waterman nor Chairman Randy Parker offered comment, but all three voted against the proposal.

            In his Town Administrator’s Report, Jay McGrail publicly announced that DPW Director David Willett plans to retire on May 14, 2021; Willett will stay part-time through June 25 to help with the transition process and continue assisting with several large capital projects. He also said he would remain available on a consulting basis should the need arise. Willett started with Marion in April 2019. McGrail said he would start the process of finding a replacement within the next few weeks.

            McGrail expressed the town’s regret at the news that Lockheed-Martin is closing its Marion facility, affecting approximately 400 employees, the majority of whom he said would be offered work elsewhere but would need to relocate to stay with the company. The closure is one of several by Lockheed-Martin across the country.

            “Our priority is for a new tenant in the Sippican Office Park space that will enrich the community,” said McGrail.

            Marion has spearheaded a Tri-Town plan in partnership with the Old Rochester Regional School District and Superintendency Union #55 to host another regional COVID-19 vaccination clinic, this one for 1,192 Tri-Town educators over a two-day period. The proposed program would vaccinate educators in every school within the ORR District plus Tabor Academy and Old Colony Regional Vocational Technical High School, along with any educators residing in the Tri-Town who happen to work outside the Tri-Town area. State Representative Bill Straus (D-Mattapoisett) has supported the project.

            On February 25, the selectmen met publicly to view BHB engineering representative Scott Damelio’s presentation of a solution for Hiller Street parking problems. The plan under consideration maintains two-way traffic on the street but limits parking via diagonally striped areas marked along both sides of the road.

            In a public hearing, the selectmen voted to approve the application of Ansel’s Cafe, LLC, 403 County Road, for an on-premises license to sell all alcohol. “We don’t have a full bar or anything like that,” said owner Elizabeth Carter, who said all servers are over age 18. Ansel’s Cafe is open from 9:00 am to 3:00 pm Tuesday-Sunday. McGrail told the selectmen that, with Ansel’s approval, Marion still has four available liquor licenses.

            The selectmen voted to approve Harbormaster Isaac Perry’s and Shellfish Officer Adam Murphy’s request for a one-year extension to the three existing aquaculture licenses as new regulations are formulated in partnership with the Marine Resources Commission. Perry expects the selectmen to be able to review the new regulations in the next three months.

            The selectmen voted to approve the DPW’s request to deficit spend on snow and ice removal. “We’ve spent the budget completely,” said McGrail, who estimates four snow-plowing efforts so far this winter.

            The board approved the appointment of Patricia White to the Scholarship and Education Committee.

            As Tuesday’s meeting opened, Parker was presented a large birthday cake and a song.

            The selectmen, who also act as Marion’s Water/Sewer Commissioners, set their next meeting in that capacity for Thursday, March 25, at 4:00 pm. The board’s March 4 joint meeting with the Finance Committee was postponed to Wednesday, March 10, at 7:00 pm. The next regular meeting of the Marion Board of Selectmen is scheduled to be held on March 16 at 4:00 pm.

Marion Board of Selectmen

By Mick Colageo

            Walter Hartley will not be building a house on the 15-acre Pine Street parcel that was once in the family and recently acquired after all.

            Representing his daughter, applicant Katherine Hartley of 16 Walnut Plain Road, to the Rochester Zoning Board of Appeals in a February 25 public hearing, Walter Hartley could not convince the ZBA to vote for the two variances that would have allowed construction under Chapter 20.40, Section D.1 of Rochester’s Zoning bylaws. One variance was for approval to construct the single-family dwelling on the lot with frontage falling short of the required 225 feet. The other variance sought relief from the requirement to build the house in a rectangle plan.

            The sticking point in the case was the immutable fact that the lot at 0 Pine Street only has 16 feet, 8 inches of frontage with which to work. Walter Hartley argued that, had the lot’s frontage been substantially greater, the driveway would not be made any wider.

            Two ZBA members, Kirby Gilmore and Richard Cutler, sympathized with Hartley’s situation, and Gilmore considered the short frontage a hardship because it had been established many years before zoning bylaws were established in Rochester and when the property was in the Hartley family.

            Walter Hartley’s revised plan was based on Fire Chief Scott Weigel’s comments requesting a widening of the bog road over its full length and a turnaround for vehicles. Zoned for agriculture, the property purchased in 2019 has an upland bog but no dwellings. Hartley argued that building the house would save the property from an uncertain future that theoretically could wind up hosting a solar array.

            The key abutter, Jeffrey Ponte of 45 Pine Street, asked the board to establish “the specific hardship is as far as the frontage is concerned…. What is that hardship?”

            When Cutler alluded to the variance requirement of 225 feet of frontage, Ponte repeated his question and cautioned the ZBA. “You’re setting a precedent for all future petitioners here that, no matter what kind of frontage they have [it will not matter].

            “The Planning Board was 5-0 against this…. I just can’t see this board being in favor of this petition. This is ridiculous…. You’re just shredding the bylaws…. He does not have the frontage [because] driveways are not frontage.”

            Abutter Charlene Haws, 48 Pine Street, lives directly across from the entry to the driveway and told the ZBA, “Part of the reason I moved here [was] the charm and the character, the bogs and … undisturbed. If you do this, you are opening a can of worms. It’s not remotely close to what should be allowed.”

            The tipping point for Gilmore was the testimony of Planning Board Chairman Arnie Johnson, who alluded to much smaller lots at Connet Woods being granted variances with as little as 30 feet of frontage. The safety-access minimum, he said, is 18 feet, and for a solar field, 16 feet.

            Johnson acknowledged that the lot in question was created before zoning altogether, “So we try to apply some common sense,” he said, referencing the rectangle requirement. But the most extreme frontage situations, Johnson pointed out, do not approach the Hartley request.

            Gilmore accepted Johnson’s answers to his questions and joined the ZBA in its unanimous 5-0 denial to grant the frontage variance. Katherine Hartley can file an appeal within 20 days of the decision.             The next meeting of the Rochester Zoning Board of Appeals is scheduled for March 11 at 7:00 pm.

Rochester Zoning Board of Appeals

By Mick Colageo

            The proposed campus center at Tabor Academy was closing in on a motion by the Marion Planning Board to vote to approve until Town Planner Gil Hilario told the board during its March 1 meeting that he had just confirmed by phone with Town Counsel Barbara Carbone that the board’s 4-1 vote just minutes before, presumed to have granted a special permit to the prep school for a reduction in the required number of parking spaces, was invalid.

            “It has to be a supermajority,” Hilario told the board, citing a state requirement. That meant a special permit-granting approval of a reduction from the zoning-required 58 parking spaces down to 50 needed five votes to pass. It didn’t matter that only five of the board’s six members were present.

            The result of the correction was a motion to reconsider the vote, the focus being on lone dissenter Chris Collings— until one step before the roll call reached his turn when Planning Board member Eileen Marum preceded Collings’ vote with her own ‘nay.’ The reconsidered vote was 3-2 in favor of the special permit, which was denied.

            Tabor Academy’s representative, Tristan deBarros, agreed to a continuance to March 15. At that point, he will present a revised parking plan for the proposed campus center at 85 Spring Street, where the Hayden Library presently sits.

            The board’s decision was a stunning turnaround from what almost became a 149-minute meeting ending in Tabor’s favor when the mistake was discovered.

            Engineer Bob Field, working for the applicant, cured some of the exasperation when he asked if the eight parking spots considered a logistical impossibility by all parties in attendance could be placed elsewhere on the parcel. Collings and Planning Board Vice-Chairperson Andrew Daniel applauded the suggestion.

            Hilario stressed with deBarros that a revised plan need not necessarily include 58 parking spaces but merely be amended in any form that the board would find satisfactory. “It can’t be anything because we don’t know what’s going to happen,” said a frustrated deBarros.

            The parking hearing was thought to be a prelude to the piggybacked public hearing’s main course addressing the entire project, the major site plan review. The board unanimously voted to accept Jon Connell’s peer review, but vehicular traffic once again became a contentious point.

            Collings’ said that the town has been doing all the compromising while Tabor has not demonstrated an interest in using the construction to address any of Marion’s needs. Marum’s turning point from for to against was a disagreement over electric car charging stations.

            Weeks ago, Tabor had agreed to install the conduit for the possible future addition of two charging stations. On this night, Daniel said he wasn’t satisfied with the conduit alone but wanted to see the charging stations on a site plan. Dissatisfied with deBarros’ argument that the Planning Board could request but not require more charging stations, Marum implored deBarros to consider the ramifications of climate change on the very students the new campus center is being designed to serve.

            Interim Head of School Julie Salit insisted the school is planning charging stations in other campus locations where they will better serve the students and faculty.

            Marion’s Planning Board has the capacity for seven members, with two vacancies. The other missing piece was Chairperson Will Saltonstall, who recused himself from the public hearing because he is the project’s lead architect. Daniel has presided over Tabor’s public hearings with the Planning Board in Saltonstall’s absence.

            In a prior public hearing for a special permit and major site-plan review, Saltonstall presided as Sherman Briggs & Hamblin Homes, Inc., presented a revised plan to construct 28 townhouses on 3.55 acres in a residential zoning district off of Spring Street near the intersection with Mill Street. The original plan, said project representative Steve Poole of Lakeview Engineering Associates, featured 27 regular units plus three affordable housing units. In lieu of units classified as affordable, Poole said Briggs would satisfy state housing requirements by making an offsite donation.

            Planning Board members said Poole’s presentation lacked visuals to put the project into context against surrounding buildings. A nearby resident, Kai Srisirikul of 362 Spring Street, articulated concern over drainage. Marion will use Beals and Thomas as its peer-review engineer. The case was continued until March 15.

            Citing a prior business relationship, Saltonstall also recused himself for the night’s opening public hearing, a special permit to construct a pier. The applicant, 122 Register Road, LLC, was represented by Dave Davignon of Schneider, Davignon, and Leone Inc. Impressed with the presentation, the board approved the special permit.

            The next meeting of the Marion Planning Board is scheduled for March 15 at 7:00 pm.

Marion Planning Board

By Mick Colageo

            The Marion Marine Resources Commission wants some explanation after hearing that the federal government plans to cut down on the spaces allowed for shellfishing along the eastern seaboard, including specific application to the town’s inner harbor.

            Aquaculture has already been a challenge for licensed shellfishermen, between delays relating to the coronavirus pandemic and the Board of Selectmen’s recent request for an overhaul of Marion’s rules and regulations.

            Predictably, the February 22 meeting of the MRC was wrought with frustration.

            Deputy Harbormaster/Shellfish Officer Adam Murphy asked Harbormaster Isaac Perry to speak about the latter’s message from the Division of Marine Fisheries during his Saturday visit with state representatives.

            “Some new regulations are coming down that are going to kind of cut short some of our available shellfish area,” said Perry.

            Marion’s inner harbor hosts 20 or more boats in its main mooring fields that are larger than typical center-console boats. Those vessels are considered to be too close to shellfish areas, and the result will be a restriction on shellfish areas in the town’s inner harbor.

            Perry said that the area of the harbor from Black’s Point to the southern end of Mitton’s flats would be severely limited in the amount of shellfishing allowed. “This is all preliminary,” he said, noting that no official mandates have come down from the federal government as of yet. “This is something that’s coming; we don’t have a choice…. We are going to lose about a half-mile of viable shellfish shoreline to these new regulations. The effect on that grant [is] going to be problematic.”

            MRC Chairman Vin Malkoski concurred, saying, “If the close line extends into that grant, aquaculture can no longer be conducted.”

            MRC member Toby Burr said, “We’ve been fishing those shores for over 100 years. What makes them so sure they should shut them down (without comments from the locals)?”

            Perry said he first heard of the restriction three to four weeks ago but anticipates it over the next couple of months. “It’s kind of a surprise when it came in that we’re going to be losing these areas…. I share your concern,” he said.

            MRC member Scott Cowell has attended Zoom meetings with Duxbury and Plymouth fishermen and reports strong discontent.

            “Maybe we should be writing our congressman,” suggested Burr.

            Andrew Bonney, who attended the meeting, asked permission to speak and said, “It’s appropriate for this community to ask questions about it rather than just accepting…. As a Marine Resources Commission, it would be totally in your wheelhouse and engage Congressman (Bill) Keating.”

            Not only are shellfishing areas shrinking, so is the footprint for the proposed Harbormaster’s facility from 5,600 square feet to 2,600.

            “My only concern is the facility we finish with does not jeopardize any of the work that you guys and the Marion Police Department has to have in space,” said MRC member Peter Borsari.

            “The total footprint is down quite a bit,” said Perry, explaining that the most noticeable revision is in the subtraction of decking and public bathrooms in favor of some other options. “It’s just a draft at this point, so I want to make sure I have all the language nailed down.”

            In his report, Perry said he is working with Malkoski, Town Administrator Jay McGrail, and Building Commissioner Scott Shippey and has tentatively set March 16 as a date for presentation to the Board of Selectmen. Perry said he would provide a frequently-asked-questions document, why the facility is needed, its revised size, and what has changed since the last proposal.

            Perry planned not to wait on petitioning the selectmen during their Tuesday meeting to extend the three current licenses that are held in good standing by one year so as not to hold them up from operation.

            The Island Wharf pump-out shed has been rebuilt, but winter weather has stalled aesthetic completions.

            Pandemic-related delays have stalled the completion of a couple of new 6-by-20-foot floats by a month. Perry said they are waiting on hardware from a supplier. “They were missed, but … there was no one coming or going that couldn’t tie-up,” he said.

            A pump-out grant of an additional $15,000 for calendar year 2022 is likely, according to Perry, with a six-month window in which the town can finance the replacement of an outboard motor on the pump-out boat. Perry said he still intends on taking the original $16,000 request to Town Meeting, but plans on taking that figure down to $5,000 on Town Meeting floor “once we’re sure” the town will receive the $15,000 pump-out grant.

            The Kittansett Club’s apparent interest in a potential pier with moorings attached motivated the MRC to discuss a commercial mooring moratorium that has been in place for the last 30 years. “It’s worth taking another look at it,” said Perry. “There’s a lot of interest out there.”

            The next meeting of the Marion Marine Resources Commission is scheduled for Monday, March 15.

Marion Marine Resources Commission

By Mick Colageo

            The house on the hill is at a crossroads, and it will apparently take a groundswell of public support to influence its salvation. The Percy Browne House was at the center of discussion when the Marion Historical Commission met on February 18 via Zoom.

            The commission wants to save the house at 192 Front Street, which belongs to Tabor Academy. In 2019, the prep school by the sea had filed a demolition order to demolish the building, also known as the Tenbrook House, but changed course with a November 6, 2019, announcement of a delay. The situation has been in limbo ever since.

            In order to do accomplish its goal, the commission needs to get the school, the town, and its people on the house’s side. Education on the matter will be at the center of the effort, and the Historical Commission hopes to host a Zoom meeting geared toward public awareness.

            Commission Chairperson Meg Steinberg suggested a broad audience for such an event, and commission member Will Tifft said he would make sure a Zoom meeting is promoted by the Sippican Historical Society, of which he is president.

            “When I sort of lit the fire the first time around this and posted things on Facebook … many responded,” said Tifft, characterizing over 50 responses along the lines of “‘This is a shame, tell me what I can do.’ Maybe they didn’t come to that meeting, but maybe they’re out there.”

            Designed by architect H.H. Richardson and built in 1881, the house was purchased by Tabor Academy in 2008. The building housed faculty, but its deteriorating condition prompted the school to plan its demolition in favor of campus expansion on the 3-acre parcel behind two of the school’s newer dormitories.

            Public outcry led former Headmaster John Quirk to announce a delay, albeit with the disclaimer that he remained doubtful in a viable option that could satisfy the school’s needs and be financially feasible. Tabor’s original plan to demolish the Percy Browne House and expand campus facilities had already entered the permitting process by October 2019, and the schedule called for completion in the early stages of the 2019-20 winter season.

            The coronavirus pandemic played a significant role in stalling any resumption of the plan in 2020, and commission member Bryan McSweeny told the February 18 meeting that Tabor has said it will not decide the fate of the house until it has a new headmaster. That appointment is anticipated for July 1. Julie Salit is the interim headmaster.

            While Sippican Historical Society is supportive of the effort to save the Percy Browne House, Tifft said its members have good relationships with Tabor. “Nobody will oppose it; everybody thinks it’s the right thing to do,” he said, suggesting a non-profit organization like Historic New England might be interested in taking the lead in promoting the effort to save the house.

            Alluding to a very long and intense meeting with commission members McSweeny and Tifft reviewing Phase 1 and 2 completion reports, Steinberg suggested the commission do more building surveys in its overall effort to identify historical buildings in Marion.

            The first phase of the Community Preservation Committee’s 2020 study, started on January 21, on Portuguese and Cape Verdian history in Marion, is expected to be completed by the end of February.

            The commission received an offer from Laura Derderian-O’Rourke, a semi-retired attorney and journalist, to write about the Historical Commission and submit an article to area newspapers. Steinberg suggested an optimum time for such an article would be in April “when we have projects for Town Meeting.”

            Steinberg reported that a Massachusetts Historical Commission intern evaluated all of the state’s 351 websites with historical commissions and ranked them low, medium, and high, based on multiple criteria, and Marion was rated among the highest of the high.

            The next meeting of the Marion Historical Commission is scheduled for Thursday, March 18, at 4:30 pm.

Marion Historical Commission

By Mick Colageo