A bid to build a single-family home and in-ground pool on a vacant lot at 14 Aucoot Avenue drew some controversy from neighbors at last week’s Conservation Commission meeting. 

            Applicants Matthew Degroot and Jason Brasington’s application was heard by the commission last week due to some of the property falling within a wetlands buffer zone and near a barrier beach. According to applicant engineers, the home proposed will be on dry ground, a former yard, and the home will be raised on stilts in light of its proximity to wetland resources. 

            However, the application still raised concerns among neighbors, including direct abutter Lisa Adams. Adams and other neighbors expressed concerns that water will be redirected. The proposed home is also near some endangered species habitats, including the diamondback terrapin. 

            “It will disturb a significant portion of the buffer zone,” Adams said. 

            Adams said although the proposed house will not have a basement and will be built on stilts, the driveway and other portions of the property will be at ground level, which could impact that area’s flood zone. Adams also said that the state Department of Environmental Protection is changing its regulations to protect against coastal flooding and issues connected to sea-levels rising. The resident also said the applicant checked “no” for being within the habitat of endangered species. She said there are endangered species there per the state’s Natural Heritage program. 

            Another resident expressed concern over the condition of the road and said redirecting stormwater could put that street in further disrepair. 

            Commissioners confirmed that the project is outside the habitat of endangered species so the applicant did not have to file with Natural Heritage. Meanwhile, the state DEP has not changed its flood zone regulations so the commission can only go by current regulations.

            Adams said new regulations will be unveiled in a few months, which could make building a new home on this lot a flood risk. Applicant engineers said storm water is being directed toward the wetlands resource area and should not impact adjacent properties. Commissioners asked to consider installing drywalls around the perimeter of the property to redirect water run-off and recharge it back into the ground. 

            Commissioners closed the hearing and will continue it on October 23. Commissioners also expressed concerns involving the boulders on the property not being reflected in current plans. Commissioners would like those boulders to be added to the design drawings.  

            In other business, Marion Realty LLC applied for a request for determination of a stream on a lot on Wareham Avenue, which floods onto town property at times.  

            Engineers reported at the October 9 meeting that there is a coastal river nearby, but the water’s height varies depending on weather. Sometimes water levels appear like a “monsoon” while other times the area is fairly dry, making it difficult to determine the volume of wetlands in the area before new development proceeds. Commissioners conducted a site visit after the October 9 meeting and determined that there is only an intermittent stream in that area and not a wetlands resource.

Marion Conservation Commission

By Jeffery D. Wagner

Rochester’s Zoning Board of Appeals ended its October 10 meeting with an unusual move, setting a single-issue meeting for Thursday, October 17.

            The application to be reviewed on that date is for a variance to place a 30×71-foot steel carport on a residential lot at 173 County Road. Property owner Dwight Crosby told the board on October 10 the building is to be used for dry storage of his boat, RV, and other personal possessions.  The new building would need to be placed just over a wetlands buffer zone, near an existing cranberry bog.

            Board members said they had no problem with the building proposal itself.  Board member Donald Spirlet admitted Crosby does need a place to store these items under cover. 

            However, board members also said Crosby needed re-drawn plans that include a driveway that will support the weight of the vehicles Crosby will use to drive them into that carport.  Chair David Arancio explained the board needs the full plans in front of them before granting the variance. To be without this would only enable any legal challenge to the board’s vote.  He also cautioned Crosby that all easements need to be shown on the plan. For example, one abutter across the street is in Wareham.

            Board member Jeffrey Costa said whether there is a driveway on the plan or not should not affect how the zoning panel votes on a variance. Arancio responded that updated plans are needed because the board has to ‘condition’ the variance approval appropriately.

            The board drafted the following conditions, that the new structure shall be for dry storage only and there shall be no conversion to residential use, then postponed the hearing to October 17 at 7:15 pm in the town hall conference room.

            The Zoning Board of Appeals’ next regular meeting after October 17 will be Thursday, November 14 at 7:15 pm at Town Hall, 1 Constitution Way.

Rochester Zoning Board of Appeals

By Michael J. DeCicco

Of three projects scheduled for public hearings, one moved forward and two were postponed at the request of the applicants.

            C&J Sull LLC, doing business as Sull Wine, was first on the agenda. They sought a special permit for a general retail establishment for the sale of wine and beer. Owner Joel Sullivan introduced himself to the board as the manager of the former Sullivan Liquors, a well-known local store until the building it occupied was sold. He said experience and expertise in operating such a business and was eager to offer the community a quality, family-run store in a convenient location.

            The board looked favorably at the proposed business and determined that the applicant has met the necessary requirements thus far. It was pointed out that if the store will sell food of any kind, a permit from the Board of Health is required. Sullivan and his attorney assured the Board they would comply.

            The Board voted unanimously to approve the Special Permit.

            Papa’s Real Estate, LLC, was next on the agenda regarding a Major Site Plan Review. This was continued indefinitely at the request of the applicant. Also scheduled for a Major Site Plan Review, 78 Wareham Road LLC was continued to October 10 at the applicant’s request.

            There followed a discussion of minutes of the meeting of August 5, which had not yet been approved by the Board. Mr. Daniel noted the Board had requested that a portion of the minutes referencing the storm water discussion be rewritten, and he had done so. Ms. Marum stated that her “words were removed” without her consent. She felt that based on her research, the Board is in violation of the Open Meeting law and she intends to file a complaint with the Attorney General’s office.

            The next meeting of the Planning Board will be on October 21 at 7:00 at the Marion Police Department.

Marion Planning Board

By Mary McCann Fiske