Town Counsel Jon Witten will consult with the Marion Planning Board to parse out the implications of a zoning bylaw that has Dan Gibbs Jr. at odds with an abutter to his father’s property over the proposed placement of a sign advertising the former’s roofing company.

            Daniel Gibbs Sr., the resident at 459 Mill Street, is technically the applicant for a Special Permit to place a sign for his son’s business that was once his own, and before that his father’s. According to Daniel Gibbs Jr., he has permission from his father to place the sign at the property, where he regularly stores “two (dump) trucks and one or two dumpsters.”

            The Planning Board held a public hearing on Monday to discuss and potentially determine a judgment on the matter, but a discussion focused on the nature and exact location of the sign itself took a hard turn after hearing from an abutter. Ryan Cusick, a neighbor to Daniel Gibbs Sr., asked for clarification on a stipulation in Section 230-6.4 of the Marion zoning bylaw that states that the owner of the business must occupy the property.

            While it was uncertain from the discussion the reason(s) for the stipulation, Cusick sought to find out if the sign should be disallowed on that basis.

            “I’m caught off guard here,” said Cusick, referencing the required letter to abutters that omitted the fact that Dan Gibbs Jr., the owner of the business, does not live at 459 Mill Street, but at 4 Derby Lane.

            “The business has been at that location for a long, long time,” said Dan Gibbs Jr., whose situation at 4 Derby Lane is not as conducive to visibility as his father’s residence. Dan Gibbs Jr. explained that his father is technically the applicant “because he is the owner (of the property). He gives me access to it.”

            Town Manager Gil Hilario reread the zoning bylaw and admitted a lack of certainty as to its implications where it concerns this matter.

            “We can review this later if you like… If, in theory, what you’re saying is I could put up a Dunkin’ Donuts sign on my property,” said Cusick.

            Chairperson Will Saltonstall said, “I take Mr. Cusick’s point, I’m just not sure how to respond at the moment.”

            Planning Board member Eileen Marum agreed, saying, “Mr. Cusick has a valid point.”

            Hilario suggested Town Counsel Jon Witten be sought for an interpretation.

            Planning Board member Chris Collings was sympathetic toward Gibbs’ predicament, but admitted the board had reached a hard-to-crack nut with the bylaw.

            “I get it; it’s been a roofing business worksite for a long time… His site (at 4 Derby Lane) isn’t as visible, and his desire to have a shingle (at 459 Mill Street) is pretty strong, but… I think we need Mr. Witten’s opinion here to define,” he said. “There’s no specificity (in the bylaw)… but I think there’s enough question that we need Mr. Witten. The abutting owner deserves at the very least a professional review.”

            Saltonstall questioned if the board previously misadvised Dan Gibbs Jr. based on the incorrect assumption that he lives at 459 Mill Street, the proposed location for the sign.

            “Part of the reason I suggested home occupation is because I guess I assumed Dan lived there. I didn’t know he didn’t live there,” said Saltonstall.

            Planning Board member Norm Hills said, “We need to talk to Town Counsel and get back to the applicant.”

            Asked by Saltonstall if it could be solved by amending the language and not starting from ground zero, Hills answered, “Ask Town Counsel that, too.”

            Hilario suggested the case will require a new application.

            Saltonstall told Dan Gibbs Jr., “I’m sorry if we misadvised you here, but your neighbor brings up a relevant point and we need to get some advice.”

            The proposed sign measures 3×5 feet and would be designed and installed by Village Signs.

            Before the discussion shifted to Cusick’s question on the legality of the sign at the proposed address, Marum analyzed the sign and its location and reported to the board after a site visit her concern over a blind spot for drivers exiting Mill Street extension onto Route 6. She also noted that, given the elevation of the sign on two posts topping out over 7 feet high and over 5 feet across, the sign will obscure 38 square feet of driver vision. “That’s almost twice the size of the sign which you’re giving as 20 square feet,” she said.

            Hills said location of the sign is covered by the bylaw.

            Marum suggested lining it up with the Council on Aging sign. “My concern is there is a lot of traffic that goes through there… Safety should be a prime issue in the placing of that side,” she said.

            Collings echoed Marum’s sentiments, asking about lighting of the sign. “I think it needs to be as far back as reasonable as can be accounted for,” he said.

            Dan Gibbs Jr. said the ground light can be timed to shut off at a certain hour to accommodate for traffic.

            The public hearing was continued to Tuesday, September 8, at 5:05 pm as part of the 5:00 pm Planning Board meeting on Zoom.

Marion Planning Board

By Mick Colageo

            In a remote access meeting held August 18, the Rochester Conservation Commission moved to address an outstanding Notice of Intent that was filed by Steen Realty surrounding its proposed development at 22 Cranberry Highway.

            Phil Cordeiro, representing Steen Realty, came before the commission with the hope of receiving a positive Order of Conditions that would allow his business with the commission to conclude. Cordeiro has been working with the commission for months, and his presence at this commission meeting marked the second time the Notice of Intent has been refiled.

            The majority of delays surrounding the 208 residential unit and commercial space project within the Cranberry Highway Smart Growth Overlay District derived from Cordeiro’s struggle to simultaneously satisfy the needs of the Rochester Planning Board and the Conservation Commission. With Henry Nover, the commission’s review engineer, submitting a letter confirming that the conditions for the project have been met, Cordeiro hoped to finally conclude the public hearing.

            “Mr. Nover agrees that our plans satisfy the Wetlands Protection Act regulations,” Cordeiro explained. “This is an opportunity to close public hearing and move the project forward.”

            While commission members agreed that their requirements had been met, there was one hurdle remaining. Cordeiro and Steen Realty require a waiver from the Rochester Planning Board that would allow them to bypass a regulation pertaining to the groundwater mounding on the site.

            Conservation Agent Laurell Farinon told commission members that a denial of that waiver would require a complete reapplication of the site plans from Cordeiro to address potential changes. Farinon cautioned that it would be more prudent for commission members to continue the hearing until that waiver was soundly in Cordeiro’s hands.

            Cordeiro cited numerous examples of other projects that had received similar waivers in an attempt to convince commission members to grant the positive Order of Conditions. Further, he asserted that since the matter at hand did not fall under commission jurisdiction, they should consider taking a vote despite the potential hindrance that might come in the future.

            Vice Chairman Daniel Gagne took a more unique approach to the conundrum. He agreed that the conditions had been fully satisfied by Cordeiro, and the decision on whether the commission should vote on the issue despite potential conflicts should be left solely to Cordeiro.

            Ultimately, the commission swayed Cordeiro toward a continuance of the hearing. Chairman Michael Conway explained that he was reluctant to grant the positive Order of Conditions with so much still relying on planning board decisions. With that, Cordeiro agreed, and the commission voted to continue the hearing until September 15.

            The Commission moved to discuss a Notice of Intent application for a potential solar development on Featherbed Lane. Eric Las, representing the development, presented plans originally drafted in July to the commission members.

            The proposed site would encompass 11 acres and produce 2.5 megawatts of energy. Las explained that he has a vast amount of experience developing these kinds of solar sites and is able to draft the plans in such a way to avoid as many potential conflicts as he can. As such, the proposed plans require no work in the 25-foot, wetlands no-disturb zone. In addition, the site will include two sediment-control barriers to minimize any potential runoff from entering the surrounding wetlands areas.

            Commission Member Christopher Gerrior questioned why the proposed project had taken such a limited size, as many other solar projects of this kind are larger. Las told the commission that the size of the site is as small as possible while still maintaining its financial viability. Las employed unique innovations in order to fully maximize the area of the site, including the addition of solar panels in the stormwater basin.

            Even with the relatively small site and the measures Las took to satisfy commission requirements, the plan still calls for work within the 100-foot buffer zone. In order for the site to effectively catch enough sunlight to function in certain months, the proposed plans also call for tree clearing around certain areas bordering the site.

            The commission showed general support for the proposal, but there is still more work for Las if the project is to attain approval. The commission voted to continue the hearing until October to provide ample time for a review of the plans to take place.

            The final public hearing to come before the commission involved another solar proposal, this one from Greg Carey. The solar site to be located on Sarah Sherman Road is nearing a final decision from the Planning Board and is to be voted on in its Tuesday, August 25, meeting.

            The solar project will have little environmental impact as the majority of the work is to be done in a large field that will require minimal tree clearing. Moreover, the equipment and battery pad has been moved out of the 100-foot wetlands buffer zone to further minimize conflicts. Nover was able to confirm that all of the conditions from the commission have been successfully met and that the project is ready to go forward.

            Even with some confusion surrounding a second set of plans that had been submitted to the commission by Steve Kohm, who is also working on the project, the commission was able to move past the confusion and render a decision on the project. The commission voted to order a positive Order of Conditions, allowing the project to go forward with the stipulation that a preconstruction meeting be held.

            The next Rochester Conservation Commission meeting is set to take place on Tuesday, September 1, at 7:00 pm and will be held remotely via Zoom.

Rochester Conservation Commission

By Matthew Donato

            August 19 was originally scheduled to be the last day on the job for Marion Public Health Nurse Kathy Downey, but her retirement is on hold until the second weekend of September so she can assist her newly-appointed replacement, Lori Desmarais, who will start on September 8.

            In reporting to the Board of Health on return-to-school plans for the Old Rochester Regional District and Tabor Academy, Downey stressed how those plans are dynamic. 

            “Fluid is a good way to describe it, too. What I say to you right now might be different in the morning,” said Downey during the August 18 Zoom meeting. “Tabor’s is a little bit more urgent.”

            Downey said that all Tabor faculty, staff, and students are presently in quarantine off site for 14 days. Once back, she said, the plan has changed from one parent to two parents allowed to help move students into their rooms. Once the move has taken place, parents will leave campus.

            There will be COVID-19 testing and flu shots for students and COVID-19 testing for faculty. Tabor’s health services will operate on a 24/7 basis as usual; the facility has been moved from near the playing fields toward the admissions building. “Healthy-sick kids” (with illnesses or injuries unrelated to the coronavirus) will also go to the admissions building but to a separate section with separate bathroom facilities.

            It’s expected that 600-700 COVID-19 tests will be conducted on the first weekend; in 14 days everyone will be tested again.

            On-campus classes will be held through the third week of November, then the students will take a prolonged break from in-person education and attend remote-access classes in December.

            Adults on campus will be referred to their own primary-care physicians.

            “We all appreciate how quickly things change… and Lori and I appreciate how closely we need to stay with them … because if something does go haywire at Tabor, it will impact the whole community,” said Downey.

            Board of Health Chairperson Ed Hoffer interpreted Tabor’s stay-on-campus policy to include walking to the Cumberland Farms convenience store at the corner of Front Street and Route 6 “so clearly what happens on campus won’t stay on campus,” he said.

            Flu clinics are scheduled for Tabor during the last weekend in August.

            Desmarais reported on August 18 meetings with Marion Fire Chief Brian Jackvony and Chief of Police John B. Garcia. “I did meet with both of the chiefs today, and we were throwing out the idea of doing the drive-through for the flu clinics so we’d have an idea of what we’d do for COVID,” said Desmarais, who said she can do some preparation work remotely.

            While Downey strongly suggested getting flu testing done sooner rather than later to avoid the “nightmare” of overlapping with COVID-19 testing, Hoffer said a COVID-19 vaccine would become available at the earliest at the end of the year and, if so, will not have been adequately tested.

            Desmarais, currently on a pre-planned, two-week vacation, attended the Zoom meeting and said, “I’m excited to get started.”

            Old Rochester schools, as reported elsewhere in this edition, will begin the 2020-21 academic year with a hybrid attendance model based on a “cohort ideology” dividing the student body into non-overlapping halves, one half in school two days a week while the other half is engaged in remote learning, then vice versa. The Joint School Committee voted last week to truncate the academic calendar from 180 days to 170 to allow faculty and staff to use the first two weeks for preparation.

            The Marion Board of Health voted on Tuesday to approve ORR’s plan and send the district a letter of support similar to the approval recently sent to ORR by the Rochester Board of Health.

            In his report, Health Director Dave Flaherty said that Monday’s tests resulted in no closings and that Marion is “batting 1,000” at the beaches.

            Aerial spraying for mosquitoes by Plymouth County has been completed, but Flaherty noted that those wishing to have their yards sprayed can call 781-585-5450.

            Marion, said Flaherty, is still considered low risk for EEE virus, while neighbors Rochester and Wareham rank in the high-risk category. Carver and Middleboro are still considered critical. Flaherty said that the entire south coast is at low risk for West Nile virus.

            The Board of Health remains concerned over the age and presumed vulnerability of volunteers on its CERT team. Flaherty indicated he will expand his research for a younger body of volunteers with groups like the Boy Scouts and church groups. Hoffer suggested that Medical Reserve Corps volunteers could be eligible. Town employees are under consideration.

            Hoffer said that, while Cumberland Farms has entered into a cease-and-desist agreement with the state regarding the use of self-serve drink stations, the Marion store has not been a problem. “They knew about this and asked me to give them any updates,” said Flaherty. “It looks like they might be going back to full-service coffee.”

            The board conducted a walkthrough of Sippican School and determined that the building would need additional staffing to serve as a quarantine place in the event of a hurricane necessitating home evacuations.

            Hoffer said he reached out to two areas hotels, one at Wareham Crossing that is prohibited by corporate policy against accepting patrons under coronavirus-related quarantine or isolation orders, but also noted the manager encouraged him to call in the event of a crisis and he would do what he could to help Marion residents. A Fairhaven hotel checked has no generator.

            Marion may have escaped a pickle with state funding dating back to the former Marion-Rochester Health District that received $50,000 for coronavirus-related expenditures. While the town split the funds down the middle with Rochester, the latter did not spend and report as quickly as Marion, which had to wait so the district could report as one. But, in the interim, state guidelines changes on what would be approved, putting Marion into a precarious position.

            Marion had spent the money on plexiglass and restructuring of rooms in public buildings, but was later told the funds were earmarked for food pantry, etc. Fortunately for Marion, Downey reported having been given a verbal okay on spending according to the originally prescribed categories.

            Citing the day Marion will eventually no longer be in the advantageous position of having two licensed physicians (Hoffer and John Howard) on the Board of Health, Downey suggested the board have a policy to seek medical advice. “Even if you don’t have somebody lined up,” she said, “it’s good to have a policy while we have medical professionals on (the board).” Hoffer agreed to draft a policy to address the matter.

            Marion has produced an Emergency Dispensing Site (EDS) Plan. Hoffer said it is part of the town’s emergency preparation plan and is 40 pages in length.

            Downey reported that Marion is getting close to receiving much of its delayed order for personal protective equipment from vendor McKesson.

            The next meeting of the Marion Board of Health is scheduled for Tuesday, September 1, at 4:00 pm.

Marion Board of Health

By Mick Colageo