It was a full house at the Marion Planning Board meeting on February 4 as the board heard the arguments at a public hearing for and against a proposed neighborhood lounge in the village.

            Mike Achilles, the applicant for the Minor Site Plan Review and Special Permit to open proposed bar/restaurant at 149/151 Front Street, gave an impassioned presentation for his concept of a gathering place to be located in the former Book Stall property.

            Achilles, his wife, and four children live four blocks from the location and “have a vested interest in the building,” Achilles said. As a parent, Achilles went on, he felt that the village was missing a quiet place for friends to gather after work or after the kids had gone to bed, to catch up and socialize. His intention would be to serve spirits, wine, food, and desserts, and described the look of the establishment as reminiscent of an old library, adding, “It’s not just a bar … it’s an experience.”

            Achilles appeared to be cognizant of the impact his proposed restaurant could have on the neighboring businesses. He said that the hours of operation he chose – opening at 3:00 pm and closing by 10:00 pm – would not compete with the hours of the restaurant located across the street who would share the very clientele Achilles is trying to attract.

            There is a maximum occupancy of 50 people, including employees, and Achilles proposes 20 seats.

            The business is located in a Limited Business District, which reduces the required parking to 70 percent of the normal requirement; therefore, Achilles must provide approximately 18 off-street parking spaces. However, the Planning Board may reduce that number if they believe the business does not warrant that number and may take into account nearby on-street parking.

            Achilles also suggested that many of his customers would walk to the lounge from their homes nearby and said he does not intend to advertise his business outside of Marion. In addition, he indicated that he has a “gentlemen’s agreement” with Hiller Oil next door to use five parking spaces behind the building for employee parking in the evening. Lastly, Achilles is hoping the Island Wharf public parking lot could be another source for parking for his customers. He stressed that he would actively work to keep people out of the private parking lot shared by other nearby businesses.

            After an inquiry from board member Kristen Saint Don-Campbell, Achilles noted he intends to place signage on his doors and menus educating his customers about the appropriate places to park. Achilles has spoken with the fire chief and will address any fire safety issues. The building commissioner has suggested the ADA required ramp might need to be moved to the left side of the building.

            Board member Eileen Marum raised the issue that would be repeated all evening – the use of the Island Wharf municipal parking lot to subsidize a business for the fulfillment of its off-street parking.

            Achilles maintained that the lot is public parking, and, as such, would be available to his business as much as for any other use. He also said he did not think there would ever be as many as 20 cars parked for his establishment.

            Board member Andrew Daniel expressed enthusiastic support, saying, “I applaud you and your ambition to start a new business – I applaud your thoughtfulness … and visiting other businesses. [The Island Wharf] is a public parking lot. We can’t pick on this business – parking is an issue in the village. We should support small business if [it is] allowed by law. Competition is good! It improves the character of the village.”

            When board member Norm Hills asked if Achilles had spoken with the businesses across the street about using their lot, Achilles described the issue as “contentious”. Hills observed that the board should speak with town counsel about the use of the Island Wharf to determine if it is public or resident-only parking and its use to fulfill parking requirements by a business.

            Acting Chairman Steve Kokkins suggested the board ask town counsel, if the intent for the bar changed with a future owner, could the board tie the special permit to Achilles’ ownership.

            Kokkins also asked Achilles to describe whether the business was a bar or a restaurant. Achilles said he would be applying for a pouring license with the state and would be considered a restaurant because 45 percent of his revenue would be from food.

            Marum asked about the waste management plan and noise control. Achilles said there would be a dumpster on the left side of the building, allowed through the agreement with Hiller, which he would replace with daily trash pick-up if necessary. The restaurant, Achilles said, would be a “mature lounge” that closed by 10:00 pm and he did not anticipate any noise issues.

            Kate Ross, owner of the restaurant across the street, rose to address the board. She enumerated two main concerns about the project: parking and competition. While she described herself as pro-business and “all for competition and critical mass,” parking, she said, is always an issue in the village.

            Ross has been in business for six years, and the private lot she shares with the General Store is paid for through her rent and maintained by the landowner. She has had issues with people parking in the lot to go to the beach, to go shopping in the village, or go to the post office. She suggested that a person going to Achilles’ bar would take up a space for, at a minimum, an hour. She questioned whether the change of use of the proposed location would trigger the bylaws requiring off-street parking.

            Ross also questioned the ability for Achilles to sustain his business relying strictly on Marion residents. She said, “Every winter I go into debt to keep the lights on because it is a meeting place. … I don’t shut down because my staff needs their paycheck. My business would not survive without people from out of town.”

            Peter Douglas of 226 Front Street said he considered the proposal to use the Island Wharf parking lot a subsidy to a small business.

            Mary Verni, president of the Sippican Woman’s Club, expressed concern about the possible noise from the restaurant impacting the club’s tenants in the two apartments in their building at 152 Front Street. In addition, Verni noted that people attending the club’s evening events might have trouble parking, which could affect the club’s ability to fundraise for their mission of giving scholarships in the community.

            While Andrew Bonney of 22 Main Street “loved the notion [of being able] to get together without being a place you need a membership,” and while he appreciated all the effort the Achilles family has put into the proposal, he also thought the business should be compliant with all regulations.

            “On-street parking is using public space,” Bonney said, and he pointed out that the Inn at Shipyard Park in Mattapoisett has a similar issue with overflow parking at the wharf and may be good for reference.

            Dan Crete of 69 Holmes Street spoke in favor of the business, saying, “A little bit of competitiveness is good, [and there is] capacity to support similar businesses.”

            As a member of the Master Plan Implementation Committee, Crete felt this proposal fit well into that plan, but warned the board that there will be a lot of “collisions between the Master Plan and current bylaws.”

            Kokkins summed up the discussion with the suggestion that the board put a list of questions together for town counsel to answer. The hearing was continued to February 19.

            In other business, the board was asked for comments by the Zoning Board of Appeals regarding an application for a Special Permit by Stephen and Jane McCarthy at 43 Dexter Road to raze an existing house and rebuild in the same location, in a velocity zone. Hills stated that he “took exception to the discussion” that the new structure is “less non-conforming” than the existing one. He believed that the applicants measured from the wrong point on the property to make the case that the new house was farther from the velocity zone. In addition, Hills did not agree with the applicant’s contention that the structure was “in accordance with other structures in the area.” The board’s comment to the ZBA simply stated, “The applicant’s statements on degree of nonconformity need to be carefully reviewed for accuracy.”

            The next meeting of the Marion Planning Board is scheduled for February 19 at 7:00 pm at the Marion Town House.

Marion Planning Board

By Sarah French Storer

            If the Sewer ratepayers of Marion were unhappy about having to pay for a $2.5 million wastewater treatment plant upgrade by December 1, they will be even unhappier when they hear the actual price is going to be nearly double.

            The Marion Board of Selectmen on February 5 was waist-deep in wastewater woe as it struggled to understand how the Town’s engineering firm CDM Smith could have gotten the cost estimate for the project so very wrong.

            Town Administrator Paul Dawson broke the news publically when he reported on the two bids the Town received for the request for proposal to line wastewater lagoon 1 with associated upgrades. The lowest bid came in at $4,668,000 “clearly well exceeding our budget estimates and our appropriation.”

            Town Meeting voters in May of last year approved spending $2.5 million on the project, the cost estimate provided by CDM Smith.

            “Obviously this has to go back to Town Meeting,” Dawson said. “We have compliance issues here that we’re currently required to complete,” which is mandated by the Environmental Protection Agency (EPA).

            Work was slated to begin early April and be completed by the December 1 deadline.

            “Obviously this throws a monkey wrench into that,” said Dawson. “We’ll need to try to figure out how to go to the regulators and adjust that schedule accordingly. However we cut this, obviously we need more time.”

            The only good news here is that the company with the winning bid has agreed to hold that $4.668 estimate long enough for Town Meeting to approve the amount.

            Selectman John Waterman turned to CDM Smith representatives Bill McConnell and Matthew Pitta in the hot seats and said, “This put us in a tough spot because we have to go back to the voters for something we were told was going to cost $2.5 million. … That’s a huge miss. How do we explain to the voters how we could be that wrong?”

            For Selectman Randy Parker, the problem is that CDM Smith and the selectmen had been using that $2.5 million figure all along, “Along with the other numbers that you have provided,” he said. “And then this thing comes tumbling down. … You’re professionals! You didn’t start this yesterday.”

            According to Pitta, several items will cost more than the engineering firm expected, including the actual liner for the lagoon and a layer of sand that needs to be thicker than anticipated. In one example, CDM estimated the removal of the sludge to cost $250,000 – the actual cost turned out to be $900,000.

            Putting the project back out to bid isn’t an option because, as Dawson explained, it would be too risky. The next lowest bid to come back might wind up even higher than this one. And if the Town doesn’t go with this bid, it would face penalties of $52,000 imposed by the federal government, adding up to $1.5 million a month until the project is done.

            So, as Dawson put it, “It’s back to the drawing board [to] reconfigure how to apportion this in a way that isn’t going to cripple the ratepayers.”

            Resident and Assessor George “T.J.” Walker had more than once criticized CDM that night, earlier when he questioned why the Town uses the same engineering firm for the majority of its projects, and then later because of the cost estimate catastrophe.

            “This is a colossal failure on behalf of our consultants and professionals,” said Walker. “It puts the Board of Selectmen in an awkward position.” He later added, “This is the only consultant that I am aware of for the Town, and if they make a mistake then they get paid to fix it. There’s no accountability.”

            Walker said the selectmen should take a good look at that relationship, continuing, “We’re in a real problem. The taxpayers and the ratepayers – there’s no way they can pick up another $2 mill. I mean, their sewer bills are gonna be higher than their tax bills.”

            After some time discussing the matter, Dawson suggested the EPA might extend the deadline due to the circumstances, but the Town will still be liable for the project. The Town will also be revisiting the cost estimates CDM provided for other capital projects in town.

            CDM’s credibility certainly has been hurt, commented Waterman. “Burned once, we’re going to have less confidence next time.”

            “I think we’re all disappointed with the results,” said Parker.

            “We are too,” said McConnell.

            Earlier in the meeting the board discussed pursuing a $500,000wastewater infrastructure 20-year plan, something that Waterman and Parker both supported, but Hills did not, evidenced by the ensuing 2-1 vote to approve developing an RFP to put out to bid. Hills said, as the Town works on the sewer projects it needs to accomplish now, devising a plan to address matters that are still unclear would be “spinning our wheels.”

            And as for approaching Town Meeting for the funding – for that, Dawson commented, “This is going to be a horrendous year.”

            “We ought to give it a try,” said Parker.

            What’s most important is that the public gets familiar with the concept. “Maybe it takes two tries to get approval for funding for this,” Waterman said. “Start to educate the voters on what this is about and why it’s important.”

            In other matters, Marion resident Robert Partridge had been acting as a volunteer consultant of sorts helping the Town sort through its solid waste collection conundrum. After some research, Partridge presented the board with some options and corresponding price tags for curbside trash collection in light of an unfortunate year of repeated truck breakdowns resulting is trash collection delays and costly repairs to keep the aging truck operating.

            The board could either seek funding from Town Meeting to purchase one or two new trucks that are either low-tech (rear-loading that requires a worker manually move the trash), or more high-tech (top-loading and automatic) truck, or outsource its curbside trash collection to a vendor.

            Marion is only one of four area towns left that still collect their own trash.

            A new low-tech truck would cost about $250,000 to purchase, with an additional $20,000-$25,000 a year in maintenance costs plus employee compensation, Partridge said, while a high-tech truck would cost about $450,000, but would only require one worker to operate. But what’s more, the town would likely need two trucks.

            Selectmen were surprised to hear that last February the Department of Public Works had sought an informal estimate from a trash collector company that showed a cost that was lower than the Town’s current operating cost.

            Partridge suggested the selectmen compile an RFP for outsourcing the collection so they can compare the information, “but it’s going to become a costly matter for the town, one way or the other,” he said.

            Either way, Waterman suggested, Marion voters must understand that the Town has to do something.

            “If we don’t do either of those, we’re gonna be out of the business because the trucks we have aren’t running,” said Waterman.

            The board also met with members of the Finance Committee, Chairman Peter Winters and Alan Minard, because the board wanted an explanation as to why the FinCom is delaying approval for a $7,412 Reserve Fund transfer request to fund the 5.4 percent salary increase for Dawson.

            But when Minard and Winters left the table after digging in their heels, the selectmen still did not have their transfer request fulfilled.

            Minard did all the talking, starting by saying that the Reserve Fund was created for “emergencies,” for example, the interim DPW superintendent’s request for $18,000 for a frontend loader bucket, or other unforeseen expenses that call for more money than the original budget could accommodate.

            The FinCom did approve the Reserve Fund transfer for the 8.8 percent pay raise for the fire chief, but Minard said the budget the committee and Town Meeting approved had no indication of a 5.4 percent salary increase – a raise that Minard said was given without first checking to see if there was money to fund it.

            “And frankly,” Minard told the board, “I don’t think this is a very transparent way to conduct business.”

            According to Minard, there is enough money in the budget to continue to pay Dawson at the increased pay rate through his retirement mid-March, with a remaining budget balance of $25,000 until the end of the fiscal year June 30.

            “At this point we don’t see any reason to tie up $7,412,” said Minard, because once it is transferred, it cannot be used to fund another department’s emergency request.

            “We don’t think that that is a very efficient way of handling town finances,” Minard said, equating a Reserve Fund transfer like the one for Dawson’s raise to “burying money in the backyard.”

            Hills pressed Minard, saying the Reserve Fund is also to pay for potential pay raises, and, besides, the committee had already approved the transfer request for the fire chief salary.

            “Is there a reason that we need to add $7,000 to a salary line item when you’re going to have $25,000 left over?” Minard asked. “Why would we add $7,000 to make it $32,000?”

            “We have a valid expense we have to pay,” said Hills.

            Waterman said he understood the committee’s past practice was to approve these transfer requests when they are requested.

            “I had the impression here that it was done more to prove a point because a salary increase was approved [without informing the Finance Committee],” said Waterman.

            Dawson noticed his name had been “bantered about” a lot that night, “And it’s not really about me, it’s about the town administrator salary line item,” said Dawson, reminding everyone that the Town was currently soliciting a new town administrator and all this bad press about not funding the salary doesn’t help attract qualified candidates.

            “Nobody is going to apply for a position that doesn’t appear to be funded,” said Dawson. “The fact of the matter is, the position still needs to be funded and this action is going to have to be taken, why not do it now?”

            The amount that was approved was $123,689, Winters stated. “If Mr. Dawson is leaving at the end of March then there won’t be a deficit.” So, if and when the time comes, he said, the FinCom will fund it.

            After a bit more futile back and forth, Hills said, “Okay,” and thanked the two gentlemen.

            Also during the meeting, the board appointed Police Chief John Garcia’s pick for the Marion PD’s next sergeant, Officer Derryl Lawrence. Sergeant Lawrence was first appointed as a special officer in Marion in March 2012 and was appointed as a full-time officer in February 2013.

            The board will be holding a 10:00 am meeting on February 8 to interview the final two candidates for the treasurer position, but the next regularly scheduled meeting of the Marion Board of Selectmen will be February 19 at 7:00 pm at the Marion Town House.

Marion Board of Selectmen

By Jean Perry