With legal fees still mounting, years of legal wrangling, and an enforcement order that just might finally be upheld by the property owner, Mattapoisett’s Conservation Commission discussed a request by Daniel Craig of 4 Seabreeze Lane to lift the enforcement order.

            Coming before the commission during its November 9 meeting was town counsel, in this matter, George Pucci of KP Law. After giving a brief history of what had transpired going back several years when an enforcement order was issued to Craig to restore wetlands and other jurisdictional areas, Pucci asked the commission to consider its next steps.

            At the Seabreeze property located near Eel Pond, Craig had landscaped a large swarth that the commission had intended and ordered to remain as a “no-touch zone.” The commission’s efforts to gain Craig’s cooperation in ceasing activities and restoring the disturbed wetlands were met with legal action. The Buzzards Bay Coalition joined the town in defending the Enforcement Order.

            Subsequently, the case found its way to Superior Court. In 2019 former Town Administrator Mike Gagne told The Wanderer, “This is an interesting case.” Gagne said Craig appealed an enforcement order issued by the Conservation Commission to the Department of Environmental Protection. The DEP upheld the enforcement order; Craig has subsequently appealed the DEP ruling, sending the case back to Superior Court.

            Pucci said on this night that the court was now waiting to learn if Craig had complied with the court’s decision that the town’s order was justified and enforceable. He asked if the commission was willing to remove a “contempt complaint,” given that it now appears that Craig has completed some of the restoration requirements imposed via the enforcement order. The issue at hand now is whether or not the density of plantings agreed upon was, in fact, planted.

            Chairman Mike King said, “After a long road, it appears we are headed in the right direction.” But the town’s wetland scientist, John Rockwell, disagreed that planting density was sufficient. King asked for more time to review Rockwell’s report. King said that the enforcement order would remain in place for at least two growing seasons to ensure the restoration plan matures.

King asked the commission to vote whether to lift the contempt filing, which he believed would save the town additional legal fees, or leave it in place until everything is planted to Rockwell’s satisfaction. The commission moved to dismiss the contempt complaint.

            However, the Buzzards Bay Coalition disagreed. BBC attorney Korrine Petersen said, “There have been five years of litigation, and it wasn’t until the contempt was filed that things were being done.” She expressed concern that by dropping the complaint, restoration work would stop.

            Also weighing in was Town Administrator Mike Lorenco, who urged the commission to stay the course, given the amount of investment the town had already made to gain Craig’s cooperation. Lorenco said the town hired Rockwell at the direction of the Board of Selectmen. “There’s been five years of litigation paid for by the taxpayers. It would be a shame not to see this through to the end,” he stated.

            Pucci said that, despite the commission’s desire to drop the contempt complaint, that did not mean the BBC would have to as well. Their involvement is a separate legal matter, albeit based on the town’s enforcement order. The discussion was continued until November 23.

            In other matters, RDAs filed by Judith Selwyn, 47 Mattapoisett Neck Road, for the construction of an addition on existing columns, and another filed by 20 Ned’s Point, LLC, to construct a swimming pool and patio area, both received negative determinations of applicability.

            Donna Downey Trust, 16 Water Street, filed a Notice of Intent to construct a 74-by-14-foot deck. It was continued until November 23 to allow sufficient time for abutter comment.

            Continued public hearings also included Randall Lane Solar, LLC. King said that the commission’s use of a third-party peer-review consultant would only be for the delineation of wetlands. He noted that several other oversight agencies had yet to return comments. The filing was continued until November 23.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for November 23 at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

The Rochester Conservation Commission met November 4 on a Wednesday night instead of its usual Tuesday due to the previous day’s presidential election, and two projects that hired Wareham-based G.A.F. Engineering, Inc. made substantial progress.

            Cranberry Highway, LLC, received a Certificate of Compliance for work completed at 15 Cranberry Highway that redeveloped an existing property so it can house Countryside Daycare Center.

            Represented by Bob Rogers of G.A.F. Engineering, Cranberry Highway, LLC limited construction to a playground and a water-quality basin. An August as-built survey yielded the need to add more material on top of the berm for the water quality basin. “Everything is vegetated and looking nice out there,” said Rogers.

            Conservation Agent Laurell Farinon recommended that the Conservation Commission issue the Certificate of Compliance.

            “It was kind of a retrofit of an existing project where they modified a building that was outside of the commission’s jurisdiction,” said Farinon, explaining the need for improvements to its stormwater collection system. “The design was to build a water quality basin which discharged directly to an existing drainage basin that was already on the property. Stone spillways are in place at two locations. They made supplemental plantings.”

            In a separate public hearing, Jesper and Jennifer Ingerslev of 20 Stoney Run Lane in Marion received a positive Order of Conditions for work they propose at 0 Gerrish Road.

            Represented by Brian Grady of G.A.F. Engineering, Inc., the Ingerslevs proposed construction of a single-family house, of which the eastern-most corner will sit inside the 100-foot buffer zone to an isolated vegetated wetland and an off-site cranberry bog.

            Farinon said she had reviewed the wetland line and flagging and agreed with the line. All proposed work is planned to occur outside the 25-foot no-disturb zone, and the closest point of work is approximately 35 feet from the no-disturb zone. Farinon recommended that a positive Order of Conditions be issued with the stipulation of erosion-control barriers.

            Two applicants requested continuances of their cases to future meetings. Featherbed Lane South Solar, LLC, which had filed a Notice of Intent that was continued from October 20, requested a continuance to November 17 to review peer-review comments. Cushman Road Solar, LLC requested a continuance to December 1 to respond to abutters’ comments.

            Under New Business, the commission voted to accept two new regulations under the Rochester Wetlands Bylaw meant to expedite processes and better serve residents. A third regulation involving a Tree Removal Request Application was postponed until ConCom can be joined by Town Counsel Blair Bailey, who was not able to attend the November 4 meeting.

            The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, November 17, at 7:00 pm.

Rochester Conservation Commission

By Mick Colageo

            Marion’s Special Town Meeting held on November 5 at Old Rochester Regional High School was a clean sweep of approvals for all nine articles on the warrant, but not before Article 5 sparked a lengthy debate over a purchase of open land west of Route 6 near Fieldstone Market.

            The Marion Open Space Acquisition Commission and Sippican Lands Trust acted in partnership with the Buzzards Bay Coalition to acquire approximately 42 acres of land featuring the 33.7-acre Hoff Property opposite Abel’s Way.

            The $225,000 MOSAC needed for its part of the purchase came out of the Land Bank Fund. “This is money that was given to the Open Space Acquisition Commission over 10 years ago to buy open space within the town. We have not found a good property at the right price in over 10 years, so we’re very happy with this particular property,” explained MOSAC Chairperson John Rockwell.

            Sippican Lands Trust raised $75,000 toward the $300,000 purchase price.

            SLT Treasurer Dot Brown called the acquisition “a unique opportunity” to improve access to walking trails and protect wetlands and endangered species, including the box turtle.

            The trails are free and open to the public. “We’re not trying to make money, just trying to get people out to nature,” Rockwell.

            The land was valued 40 years ago at $585,000, but its $300,000 price tag was negotiated with a 30-day window. Rockwell explained that MOSAC would never have been able to schedule the meetings necessary to secure town approvals, so he enlisted the assistance of the Buzzards Bay Coalition’s Bay Fund. “They are holding it and have told us they don’t want to own this property,” said Rockwell.

            Buzzards Bay Coalition will sell the conservation restriction to the Town of Marion, and the SLT becomes owner and maintainer of the property. As a result of the arrangement, Marion residents and the public at large will enjoy improved access to the trails on the property without maintenance expenses.

            At odds were taxpayers who do not want to see any more land coming off the town’s tax rolls. Theoretically, 25 percent, or approximately 10 acres of the parcel, could have been developed.

            It didn’t help MOSAC’s case that Buzzards Bay Coalition’s ownership of the property was not revealed until a resident sought clarification during public comment. Rockwell said the omission was an oversight on his part. A resident cited the omission and motioned to table Article 5, but Town Meeting voted by a 49-18 margin to continue the discussion.

            Alan Harris, the board president of the SLT, said, “We’re not here to vote on general open space, we’re here to vote on this property. Think about the wellbeing of people in this town.” Harris said the SLT’s ownership would offer stream protection without which the town would be paying for repairs on Route 6. “More biodiversity means more stability,” he said. “This property deserves your consideration and deserves your support.” Harris’ comments drew applause.

            Town Assessor Pat DeCosta, an elected official, said, “I’m actually in favor of this purchase. I just don’t like the way it was presented.” DeCosta indicated that the town would not have realized “much of a (property) tax.”

            After Article 5 was approved, Articles 6 through 8 went through swiftly as they authorized MOSAC to accept as gifts “for conservation and passive recreation purposes” connected parcels meant to enhance the Hoff Property acquisition. Those consisted of strips of land from Steven Clark and Tina Welch totaling 1.5 acres, and a 7.8-acre endangered species habitat from Randy and Merle Parker. The donated parcels, said Rockwell, will bolster MOSAC’s future grant opportunities.

            Randy Parker, the chairperson of the Marion Board of Selectmen, recused himself from participation when the matter was addressed during prior public meetings.

            Article 3 approved the terms of Marion’s long-anticipated withdrawal from the Carver Marion Wareham Regional Refuse Disposal District.

            Selectman John Waterman read a prepared statement to Town Meeting, saying, “After working with the towns of Carver and Wareham over the past year, it is clear that the Town of Marion is in a very different situation than these two communities when it comes to solid waste collection and disposal. Given that Marion has its own curbside collection and the district plans to close Benson Brook Transfer Station in 2021, withdrawal from the district is best for the Town of Marion.

            “With this withdrawal, the Town of Marion will receive the Benson Brook Transfer Station, the equipment to help run that transfer station, and a release of liability associated with all district employees and the Route 28 Transfer Station. The Town of Marion will still have environmental liability associated with the Carver landfill.”

            Marion resident and developer Sherman Briggs asked how much money is in the CMW account; Town Administrator Jay McGrail estimated just over $1 million. McGrail added that the preferred recommendation of Marion representatives was that they take that $1 million and pay off the liability associated with the employees. “The district didn’t take the recommendation, and it’s one of the reasons that we’re interested in leaving the district,” McGrail explained.

            Article 4 approved Marion’s acceptance from the CMW the title to the property on which the Benson Brook Transfer Station sits, effective January 1, 2021.

            Briggs asked how the town could negotiate for a solar array atop the landfill at the site without owning the property; McGrail explained that the pile sits on a different lot than the transfer station. The landfill has always been a separate entity from the CMW, he said.

            Waterman publicly thanked Steve Cushing and Bob Partridge, two of the CWW board members representing Marion, who assisted the town in negotiations with the nine-member board, a process that began in June 2019.

            “If you’ve ever tried to negotiate with two other towns, each with three board members, the board members themselves don’t agree on what they want for their town, but they also can’t get their towns to agree,” explained Waterman. “Mr. Partridge, Mr. Cushing, and (Selectman) Norm Hills served as our directors and really were instrumental in helping us negotiate this agreement, and they deserve a real pat on the back. It was not easy, and we knew we wanted Benson Brook back, but there was more than one occasion where we weren’t sure it was going to happen.”

            Article 2 approved the transfer of $112,363.91 to supplement Article 9 of the 2013 Town Meeting to fund renovations to the Marion Town House. The transfer was authorized by several articles in various appropriations from prior town meetings, including: 2014 (Article 17 at $18,800.66 and Article 19 at $1,300); 2017 Special Town Meeting (Article S3 at $4,257.88); 2015 (Article 17 at $17,775); 2018 (Article 23 at $3,391.04); 2019 (Article 13 at $8,000, Article 22 at $16,279.85, and Article 29 at $1,100); and 2020 (Article 18 at $41,449.48).

            The total became available due to grant funding for several completed projects, including the Marion Music Hall roof and masonry work, alarm systems at Atlantis Drive and Cushing Community Center, facilities generators, the Fire Station No. 2 roof, garage doors at Silvershell Beach, and a new ambulance and repairs to another. The money, to be combined with a donation from the Sippican Historical Society, will be spent under the direction of Facilities Director Sean Cormier to complete the renovation of the Town House over the winter.

            A request came forward for the amount of certified free cash, to which Assistant Town Administrator Judy Mooney said free cash had not yet been certified due to the COVID-19 pandemic. Mooney said she hopes to arrive at that number soon.

            Article 1 approved replacing one of two outboard motors on the Harbormaster’s boat for $21,522.45. The money will come from the Waterways Account at no burden to taxpayers.

            Article 9 approved a perpetual preservation restriction on the 130-year-old “annex” to the Marion Town House.

            Early in the meeting, McGrail told Town Meeting that Police Chief John Garcia would be retiring in about a month. Garcia has been chief of police for three years and has worked for the town for 34 years. “We’ve been through an unbelievable amount in the last year and a half, and I couldn’t have done it without him,” said McGrail. “Honestly, he’s been a rock for us in the town, and we owe him a lot.” Attendees stood and applauded.

            In his remarks, Town Meeting Moderator Brad Gordon reminded attendees that the acts of town officials are set according to the authorizations set by Town Meeting voters.

            Comments were limited only to registered voters who were asked to state their name and address at each opportunity to speak. Gordon had instructed voters to be concise and specific to the article being discussed, and comments would be welcome so long as they’re on point.

            Town Clerk Lissa Magauran reported an 85 percent turnout of Marion voters for the November 3 presidential election. “I just want to give a shoutout to the Marion Post Office. They have been awesome,” she said.

            Before the meeting, Fire Chief Brian Jackvony advised attendees to refrain from congregating, and reminded them that masks are mandatory.

Marion Special Town Meeting

By Mick Colageo