The application of Mark Ross and Margot Mims for a special permit was continued again on February 7 as the Marion Zoning Board of Appeals wrestled with the applicability to the proposal of several Town zoning bylaws.

            Ross and Mims are requesting a special permit under Zoning Bylaw 230-6.1C, which regulates non-conforming uses and structures.

            Nick Dufresne of Farland Corp presented the board with a revised plan for the proposal at 195c Converse Road. The modified plan proposes to elevate the existing structure rather than the previous plan to tear it down, and build an addition off one side.

            Building Commissioner Scott Shippey wrote a letter to the board, which stated in part, “The intent of the bylaw was to allow the reconstruction, extension, alteration or change of a nonconforming structure by special permit. … I see no problem with approving the special permit.”

            The proposed structure would be two feet above the Base Flood Elevation as required by the state’s Building Code, and Dufresne suggested this new proposal was “more in line with the bylaw.”

            John Markey, the attorney for the applicants, suggested that there were legal issues with this proposal, not just engineering ones. He argued that the proposal fell squarely within the bylaw’s intent, in that the structure was being elevated in the exact same location and extended in one direction. Markey suggested that the board and Shippey were interested in making older cottages FEMA compliant, and there was “tangible benefit to have people willing to invest in making improvements to [the] neighborhood.” It is “helpful” and “desirable” and will protect other buildings in the area, he added.

            Dufresne told the board that the proposed structure with the addition would be similar in style to what had been previously submitted to the board.

            Associate board member David Bramley seemed skeptical that the house would withstand being raised, asking, “Will it fall apart and be reconstructed?” Markey responded that “it will be jacked up, raised, and built around.”

            Abutter Caroline Elkins, 195a Converse Road, attended the meeting with her attorney, Mark Deshaies. Deshaies suggested that Ross and Mims were proposing a “significant departure as to what portion of the bylaw to go to.” Deshaies drew the board’s attention to a memorandum by the Planning Board dated January 8, 2019, in which the board cites the Zoning Bylaw Section 230-8.1.E:

            “In the case of lots created before the date of enactment of this bylaw and with areas both in the Velocity Zone and outside the Velocity Zone, all structures built after the enactment of this bylaw shall be located in an area outside of the Velocity Zone.”

            Deshaies suggested that since the bylaw section 230-8.1 is an Overlay District, the proposal first must comply with it before being considered under any other bylaw. He reiterated that the bylaw states no new construction of any sort can occur in the Velocity Zone.

            “If you’re expanding – a lateral extension – I would suggest that’s new construction. … Elevating, leaving one or two walls, blowing out walls, that’s new construction,” Deshaies opined. He went on to say that in paragraph two of the bylaw, any new construction on a lot that has an area outside of the Velocity Zone must be located out of the Velocity Zone. A variance may be required to allow for lesser setbacks.

            “Take the lead from the Planning Board,” Deshaies concluded. “This is a 230-8.1 case.”

            Bramley, visibly irritated, asked Deshaies, “What is the basic objection? Why are [you] so upset [by this proposal]?”

            Deshaies responded that the proposal to build in the Velocity Zone puts the Town in jeopardy under FEMA. Board member Tad Wallenhaupt observed that, if the structure is currently in the flood zone, “it presents more of a hazard now than if it is elevated.”

            Deshaies agreed, stating, “Correct, and when you are doing an expansion, you take it out of the floodplain.”

            ZBA Chairman Leblanc suggested that if all the applicant was doing was raising the structure, they would not need to come before the ZBA, which Deshaies refuted by saying, “All structural and non-structural activities are covered by 8.1.”

            Elkins rose to speak, highlighting paragraph two of Section 8.1E, in which it states that all structures built after the enactment of the bylaw must be built outside the Velocity Zone. She said of Ross and Mims, “They have that area. [It] is least detrimental to the neighborhood if it is out of the Velocity Zone.”

            Leblanc countered, “This structure is not built after! If this lot was vacant, absolutely. If they were moving it two feet. … It’s basically an addition.”

            Elkins responded, “An addition is a new structure.” She went on to say that she believed this was an issue partly of semantics. She pointed out that this was the third proposal by Ross and Mims and that she expected that, when they raised the structure, it will fall apart. If they are successful in elevating it, they “leave a couple walls and do what they want. Lift it and build around the shell.” She went on to say, “There is a reason for these laws. [Ross and Mims] have an option – I am more than happy to have them build in the non-velocity zone.”

            Leblanc asked Ross what the appeal was for building in the Velocity Zone. Ross stated that the current location has better views and the non-velocity zone area of the property is very constricted and heavily vegetated.

            Other neighbors to the proposed project spoke generally in favor of the proposal. Edward Richardson, whose wife Meredith has lived in their house at 195b Converse Road for 55 years, “fully supports getting another house up on concrete! I wouldn’t want to see the existing house hit by water.”

            Barry Gaffey, 22 Converse Road, said he felt there was a lot of confusion among the boards. He supports Ross building in the Velocity Zone, saying, “Eventually we will all be in the Velocity Zone.”

            Leblanc asked Elkins, “What is the worst-case scenario for you, personally?”

            Elkins replied, “I believe the laws are written for a reason – environmentally and for the benefit of us all.”

            Attorney Markey concluded his argument for his clients by saying, “Is this a structure built today, or an addition to an existing structure? We are confident it is not a new structure. I agree [Zoning bylaw Section] 8 applies, but no subsection is triggered by this application.”

            The board asked to continue the hearing to gather more information from town counsel. The applicants agreed to continue the hearing for four weeks to accommodate the schedule of Elkins and her attorney.

            The next meeting of the Marion Zoning Board of Appeals is scheduled for February 21 at 6:30 pm at the Marion Town House.

Marion Zoning Board of Appeals

By Sarah French Storer

            After interviews with the two finalists for the treasurer/collector position on February 8, the Marion Board of Selectmen unanimously chose Susan Laak, currently an employee of the Town of Eastham.

            A resident of Sandwich, Laak told the board that the similar-sized Town of Marion, along with the shorter commute, appealed to her and prompted her to apply for the position.

            Laak has been the tax collector for Eastham for a year now, she reported, and has seven years experience as a municipal treasurer for the Barnstable Fire District and was once the assistant treasurer for the Centerville-Osterville-Marstons Mills Fire District.

            “It’s new to me,” said Laak about being the tax collector, “but I’m really enjoying it. It’s the first time in 30 years that I can say that I really love my job.”

            Laak, who has also been certified as an accountant for 12 years, said she prefers the treasurer/collector aspect of finance more than the accounting side, but she does have experience with budget preparation, insurance, liability, municipal debt, and OPEB (other post employment benefits).

            Selectman John Waterman asked Laak about what she considers to be her biggest strength and Laak told him “integrity and loyalty.”

            “My loyalty to my team and helping them find their strengths,” she said. “When one of them has a weakness in one area, I help them out in trying to help them strengthen [their weakness].”

            Laak says she also pays strong attention to detail, “And reconciliation – I’m weird that way, but I really love past reconciliation. … I make sure that I’m to the penny.”

            When dealing with the public, Laak explained her approach, saying, “Most of the time they want somebody to sit down with them and listen to them. … I like to explain things to people because if you explain things, it shows you care and people like to think you care.”

            “One of my weaknesses is being a new collector and I’m still learning,” said Laak. “But there’s such a huge amount of resources. … I’m really trying to get up to speed in what I need to do that.”

            Laak’s Bachelor’s degree is in Arts and Information Technology, although she said she eventually “fell into this municipal world of accounting” and worked her way up through the ranks, beginning as a clerk. She then earned an Associates degree in Accounting as a new professional trajectory. She tried working at a computer software company but “hated it,” she admitted, mostly because she worked from home as a business analyst and prefers working with people.

            “It was frustrating, and it was boring,” said Laak. She then headed to work for the Town of Eastham.

            The board also interviewed Katherine Milligan, the current assistant treasurer/collector/payroll administrator for the Town of Orleans. And although the selectmen were grateful to have two qualified candidates to choose form, they found Laak was a better fit for the job.

            “I liked Susan,” said Selectman Randy Parker. “I thought her answers were crisp.”

            “I agree,” said Chairman Norm Hills. “She seems to be the most capable person.”

            “I just felt personality and style-wise I was just more comfortable with Susan,” commented Selectman John Waterman.

            The board appointed Laak in a 3-0 vote, subject to contract negotiations.

Marion Board of Selectmen

By Jean Perry

            “Is anybody else incensed about that letter?” Marion Finance Committee member Alan Minard asked, broaching the subject of a letter the Board of Selectmen handed to Minard and FinCom Chairman Peter Winters during the selectmen’s February 5 meeting. “It was a passive aggressive kickback because we wouldn’t approve that [Reserve Fund transfer request],” said Minard.

            This most recent contention between the Board of Selectmen and the Finance Committee started in January when the FinCom held off on approving a request to transfer $7,412 from the Reserve Fund to cover the cost of Town Administrator Paul Dawson’s 5.9 percent wage increase. The committee found the transfer unnecessary because there should be enough in the town administrator budget line item to cover Dawson’s salary up until he retires in mid-March. Another $25,000 would still be available to fund Dawson’s replacement until the fiscal year ends June 30.

            Finance Committee member Alan Minard and Chairman Peter Winters attended the selectmen’s February 5 meeting to address the delay in issuing the transfer, explained how once Reserve Fund money is transferred that it is no longer available for other unexpected emergencies, and did not waiver in their decision to deny the transfer request. But before leaving, Board of Selectmen Chairman Norm Hills slipped Minard and Winters a letter.

            The content of the letter, obtained later by The Wanderer, was unrelated to the Reserve Fund transfer request, rather it suggests that Finance Committee meetings should be “more accessible to the public.” The letter, signed by all three selectmen, advises the committee to change its meeting location from the 13 Atlantis Drive building to either the Town House or the police station, establish a consistent meeting schedule, and arrange for ORCTV recording of the meetings.

            “We, as Selectmen, believe transparency is important and that nowhere is it more important than with the Town’s finances,” the letter states. The selectmen proposed taking those actions immediately, “given that it is the budgeting season and it is critical for the Town to be totally open regarding the budget challenges it is facing,” and advised the committee to confirm by February 19 that the actions have been taken.

            Although none of the finance committees in the Tri-Town currently video record their meetings, the Marion Finance Committee did not overtly oppose the idea, nor did members find a change in meeting venue or a more predictable meeting schedule to be disagreeable. It was the timing and the delivery of the suggestions that raised eyebrows Wednesday night.

            “They are accusing us of doing exactly the same things that they did,” said Minard, “and frankly, that humped me off.”

            Minard also took issue with what he called “another Finance Committee snub.” Minard requested that, as a Finance Committee member, the selectmen appointment him to the committee created to assist in the search for the new town administrator – however, he was not.

            “We understand better than anybody in the town what the job is about,” said Minard.

            “How extraordinary,” remarked FinCom member Margie Baldwin.

            “This is just more passive aggressive baloney that’s coming out of the center of the Select Board,” said Minard. Turning again to the letter, he remarked, “This is retribution.”

            In other matters, the Finance committee questioned a number of increases in various budgets that have been submitted to the committee so far, including the administration line item of the Department of Public Works, Fire Department and Marine Resources wages, and the Council on Aging.

            “Fire Department wages is going up $25,000,” said Winters. “I don’t know what percentage that is, but …”

            “He keeps adding full-time people without asking anybody,” said Minard.

            “There’s going to be no ratepayer relief,” said Winters. “People are going to be thrilled about that.”

            “They (Town Hall) want a personnel person, they want an IT person, so now we’ve spent the entire 2.5 percent [tax] increase,” said Minard.

            “Then we have the lagoon situation,” Baldwin said.

            The FinCom also criticized the ongoing practice of providing “longevity bonuses” to town employees who have already reached the top contractual pay step.

            “It’s like a Christmas bonus because it’s paid out in December, but it’s not merit-based because we don’t review anybody,” said Winters.

            “Everybody gets a trophy,” said Minard.

            The committee is also concerned about the Planning Board’s request to make part-time Town Planner Gil Gilario a full-time employee. In light of the requested increases, Winters commented, the committee will be forced to “take the razor blade out this year and say ‘No’, ‘No’, and ‘No’.”

            Since sitting on the committee, Winters commented, FinCom has only ever cut back on requests for budget increases. “We haven’t ‘cut’ anything.” He said, “You would think that we were cutting things to the bone, but we’re not. We’re cutting increases so we don’t have to do an operational override.”

            “The taxpayers are gonna go bonkers,” said Minard.

            In other business, there are currently three empty seats on the Finance Committee, two of them as alternate members. Interested residents should send a letter of interest to Paul Dawson, town administrator. Finance Committee members are appointed by the chairmen of the Board of Selectmen and Marion School Committee, and the town moderator.

            The next meeting of the Marion Finance Committee is scheduled for February 13 at 6:00 pm in the conference room of 13 Atlantis Drive.

Marion Finance Committee

By Jean Perry