TOWN OF MARION
CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
The Marion Conservation Commission will hold a public hearing on Wednesday, December 18, at 7:15 pm at the Marion Police Department Conference Room 550 Mill Street, also available via Microsoft Teams (Remote Participation Option), on a Request for Determination of Applicability, submitted by Robert Saucier, for removal and replacement of front porch at 28 Pinewood Drive.
The site is further identified as Lot 20H on Marion Assessors' Map 22. Plans are available at the Town House for review.
Matthew Shultz, Chair
*Please contact Natashja Molina at nmolina@marionma.gov for the Microsoft Teams link and for meeting information. Phone number will be provided upon request. The meeting will be live streamed on ORCTV.
12/5

TOWN OF MARION
CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
The Marion Conservation Commission will hold a public hearing on Wednesday, December 18, at 7:05 pm at the Marion Police Department Conference Room 550 Mill Street, also available via Microsoft Teams (Remote Participation Option), on a Notice of Intent, submitted by Derek A. Maksy, for proposed construction of a residential pier facility at 63 Oakdale Avenue.
The site is further identified as Lot 18B on Marion Assessors' Map 12. Plans are available at the Town House for review.
Matthew Shultz, Chair
*Please contact Natashja Molina at nmolina@marionma.gov for the Microsoft Teams link and for meeting information. Phone number will be provided upon request. The meeting will be live streamed on ORCTV.
12/5

DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATERWAYS REGULATION PROGRAM
Notice of License Application Pursuant to M.G.L. Chapter 91
Waterways License Application Number 24-WW01-0191-APP
Derek A. Maksy, Hammett's Cove, 63 Oakdale Avenue, Marion
NOTIFICATION DATE: December 6, 2024
Public notice is hereby given of the waterways application by Derek A. Maksy to construct and maintain a pier, ramp, float piles and float at 63 Oakdale Avenue, in the municipality of Marion, in and over flowed tidelands of Hammett's Cove. The proposed project has been determined to be water-dependent.
The Department will consider all written comments on this Waterways application received within 30 days subsequent to the "Notification Date". Failure of any aggrieved person or group of ten citizens or more, with at least five of the ten residents residing in the municipality(s) in which the license or permitted activity is located, to submit written comments to the Waterways Regulation Program by the Public Comment Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c).
Project plans and documents for the Waterways application are on file for public viewing electronically at: https://eeaonline.eea.state.ma.us/EEA/PublicApp/ (enter "63 Oakdale Avenue" in the Search Page as the Location Address). If you need assistance, please contact vin.manfredi@mass.gov or if you do not have access to email, please leave a voicemail at (857) 283-5901 and you will be contacted with information on alternative options.
Written comments must be addressed to: Vin Manfredi, Environmental Analyst, DEP Waterways Regulation Program, 20 Riverside Drive, Lakeville, MA 02347.
12/5

TOWN OF MATTAPOISETT
SELECT BOARD
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing has been scheduled for December 19, 2024, at 7:00 pm in the Town Administrator's Office, at the Mattapoisett Town Hall, 16 Main Street, Mattapoisett, MA 02739 and Zoom (Meeting ID: 862 0090 2751 Passcode: 349204) on the application of What the Taco, Inc., 20 County Road, Mattapoisett, MA 02739, requesting a new All Alcoholic Beverages On-Premise License. Manager of record to be Madison Miedzionoski.
Jordan C. Collyer, Chair
R. Tyler Macallister, Vice Chair
Jodi L. Bauer, Clerk
12/5, 12/12

TOWN OF MATTAPOISETT
CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
The Mattapoisett Conservation Commission will hold a public hearing on Monday, December 23, 2024 at 6:30 pm in the Town Hall (in person and remotely via Zoom **) for a Notice of Intent submitted by Ronald Oliveira, 9 River Road, Map 21, Lot 51, Mattapoisett, MA. The applicant proposes to replace the existing individual sewage disposal system that services the single-family dwelling within the buffer zone of a bordering vegetated wetland, within the Riverfront Area and within a mapped FEMA Flood Zone (EL 16).
**Contact concomm@mattapoisett.net for the Zoom Meeting Information.
12/5

TOWN OF MATTAPOISETT
BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Notice is hereby given that the Mattapoisett Board of Appeals will hold a Public Hearing on the following Applications and Petitions. ALL meetings held in the Mattapoisett Town Hall Conference room; 16 Main Street (unless otherwise noted) New format of meetings; start time is 6:00 pm ****Meeting will be held on December 19, 2024****
Case #1552: Application of: Patrick & Linda Denise, 32 Barstow Street, Mattapoisett, MA 02739 RE:32 Barstow Street. The applicant is seeking a Special Permit under Article 3, Section 3.1.2.2 & 3.1.2.3 as provided by Section 7.2.2. of the Zoning By-Laws to request permission to build a 14X20 deck that does not meet all setbacks.
The property is further described as Plot 9, Lot 10 on the Assessors map. The meeting will be held at the Town Hall Conference Room on Thursday, December 19, 2024.
Case #1553: Application of: Alexander A Bauer, 330 Haven Avenue, Apartment 1L, New York, NY, 10033 RE:7 Nashawena Road. The applicant is seeking a Special Permit under Article 3, Section 3.1.2.2 as provided by Section 7.2.2.2 thru 7.2.2.2.7 of the Zoning By-Laws to request permission to build a 9'17"X16 Post supported deck that does not meet all setbacks.
The property is further described as Plot 15A, Lot 140 on the Assessors map. The meeting will be held at the Town Hall Conference Room on Thursday, December 19, 2024.
Case #1554: Petition of: Paul S & Bettina G Henderson, 2 Shipyard Lane, Mattapoisett, MA 02739 RE:2 Shipyard Lane. The applicant is seeking a Variance under Section 5.2.1 as provided by Section 7.2.3. of the Zoning By-Laws to request permission to convert an existing garage into an expanded living space.
The property is further described as Plot 8, Lot 82 on the Assessors map. The meeting will be held at the Town Hall Conference Room on Thursday, December 19, 2024.
Complete applications and plans as filed are available for inspection in the Office of the Town Clerk during normal office hours.
Sincerely,
Susan Akin, Chairperson
Tony Tranfaglia, Kenneth Pacheco, Colby Rottler, Jordan Rodrigues
12/5, 12/12

TOWN OF MATTAPOISETT
SELECT BOARD
NOTICE OF PUBLIC HEARING
A public hearing has been scheduled for December 17, 2024, at 6:35 pm in the first floor Conference Room of the Mattapoisett Town Hall, 16 Main Street, Mattapoisett, MA and ZOOM, upon the application of Amit Vikram, Inc., DBA Mattapoisett Liquor, 62 Fairhaven Road, Unit A , Mattapoisett, MA 02739 requesting a transfer of All Alcohol Beverage Package Store License. Manager of record to be Jayshreeben Patel.
Jordan C. Collyer, Chairman
R. Tyler Macallister, Vice Chair
Jodi L. Bauer, Clerk
12/5, 12/12

TOWN OF MARION
ADVERTISEMENT FOR BIDS
Sealed bids for construction the Point Road Sewer Force Main and Gravity Main Repairs for the Town of Marion, Massachusetts, will be received at the Town Hall, Town Administration Office, 2 Spring Street, Marion, MA 02738 until 2:00 pm prevailing time, on December 11th, 2024, at which time and place said bids will be publicly opened and read aloud.
The scope of work includes the replacement of approximately 1,000-ft of 4-in diameter force main (from the Point Road Pump Station to the manhole near the intersection of Point Road and Barros Drive), abandonment and filling of the lower level of the Point Road Pump Station valve vault, gravity sewer repairs from SMH C-6-234 to C-6-235(a length of approximately 250 feet will be removed and replaced), replacement of SMH C-6-385, and an alternative scope of work which includes installation of 315-ft of cured in place sewer lining from SMH C-6-236 to C-6-237.
Bid Security in the form of a bid bond, cash, certified check, treasurer's or cashier's check payable to the Owner, is required in the amount of five percent of the bid, in accordance with Section 00 21 13, INSTRUCTIONS TO BIDDERS.
The Instructions to Bidders, Form of General Bid, Agreement, Plans, Specifications, Performance and Payment Bond, and other Contract Documents may be examined at the following:
Accent Printing, Inc., 99 Chelmsford Road, North Billerica, Massachusetts
Contract Documents may be viewed and downloaded as a Portable Document Format (PDF) file free of charge at www.accentblueprints.com. Copies may be obtained for a fee by completing an order online or by calling 978-362-8038 for each set. Completed orders may be picked up at the office of Accent Printing located at 99 Chelmsford Road, North Billerica, MA 01862 (978-362-8038), from 9 a.m. to 4 p.m. Copies may also be shipped to prospective bidders for an additional charge to cover handling and mailing fees. All payments for printing and shipping are nonrefundable. For addition to the project plan holder's list to guarantee receipt of addenda, it is recommended interested bidders obtain the Contract Documents directly from Accent. Interested bidders will be prompted to register an email address with Accent to access the documents.
The selected contractor shall furnish a performance bond and a payment bond in amount at least equal to one hundred percent (100%) of the contract price as stipulated in Section 00 72 00 GENERAL CONDITIONS of these specifications.
All bids for this project are subject to applicable bidding laws of Massachusetts, including General Laws Chapter 30, Section 39M as amended.
Prevailing Wage Rates as determined by the Director of the Executive Office of Labor and Workforce Development under the provisions of the Massachusetts General Laws Chapter 149, Section 26 to 27H, as amended, apply to this project. It is the responsibility of the Bidder, before bid opening, to request if necessary, any additional information on Prevailing Wage Rates for those trades people who may be employed for the proposed work under this contract.
By submission of a bid, the Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 days, Saturdays, Sundays and legal holidays excluded after the opening of bids.
The Owner reserves the right to waive any informalities in bids and to reject any or all bids.
TOWN OF MARION, MASSACHUSETTS
BY ITS
TOWN ADMINISTRATOR
Weston & Sampson Engineers, Inc.
Reading, Massachusetts
11/28

TOWN OF MATTAPOISETT
CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
The Mattapoisett Conservation Commission will hold a Public Hearing on Monday, December 9, 2024 at 6:30 pm in the Mattapoisett Town Hall on a Notice of Intent submitted by Thomas Holt.
The meeting will also be a hybrid meeting. Please contact the Conservation Commission for the Zoom information
The Applicant proposes to construct a single-family dwelling and to perform associated site work.
The proposed work will be performed within Land Subject to Coastal Storm Flowage, Flood Zones AE (El. 15) and VE (El. 17& 20) and a portion of the land clearing will occur within the 100 ft. Buffer Zone of a Salt Marsh and 200 ft. Riverfront Boundary.
The property is located at 39 Mattapoisett Neck Road which is further identified as Lot #142 on Assessors Map #11.
11/28

Form 299 Date: September 27, 2024


Pursuant to G.L. c. 40, S 32

Town of Rochester -- Case No. 11532
Annual Town Meeting of May 13, 2024
Articles # 17, 18, 19, and 20

Attorney General's Limited Authority to Waive Procedural Defects in the Notice of the Planning Board Hearing
Pursuant to the provisions of G.L. c. 40, S 32, if the Attorney General finds there to be any defect in the procedure of adoption or amendment of any zoning by-law relating to the form or content of the notice of the Planning Board hearing prescribed by G.L. c. 40A, S 5, or to the manner or dates on which said notice is mailed, posted or published as required by that section, then instead of disapproving the by-law or amendment by reason of any such defect, the Attorney General may elect to proceed under the defect waiver provisions of G.L. c. 40, S 32. Under those provisions, the Attorney General is conditionally authorized to waive any such defect.

Defect Determined in Notice of Planning Board Hearing
The Attorney General has determined that the planning board hearing notice relating to the above Articles failed to comply with the notice requirements for such hearing established by G.L. c. 40A, S 5. Section 5 provides in part (with emphasis added):

No zoning...by-law or amendment thereto shall be adopted until after the planning board in a...town has...held a public hearing thereon...at which interested persons shall be given an opportunity to be heard.... Notice of the time and place of such hearing, of the subject matter, sufficient for identification, and of the place where texts and maps thereof may be inspected shall be published in a newspaper of general circulation in the...town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of said hearing, and by posting such notice in a conspicuous place in the...town hall for a period of not less than fourteen days before the day of said hearing. Notice of said hearing shall also be sent by mail, postage prepaid to the executive office of housing and livable communities, the regional planning agency, if any, and to the planning board of each abutting city and town....In cases involving boundary, density or use changes within a district, notice shall be sent to any such nonresident property owner who has filed such a request with the city or town clerk and whose property lies in the district where the change is sought.

Based on the materials submitted to this Office, we have identified the following defects: (1) the planning board hearing notice was first published on April 11, 2024 for a hearing on April 23, 2024. This publishing was only twelve days prior to the hearing, not fourteen days as required by G.L. c. 40A, 5; and (2) the planning board hearing notice was posted in the Town Hall on April 10, 2024 for a hearing on April 23, 2024. This posting was only thirteen days prior to the hearing, not fourteen days as required by G.L. c. 40A, S 5. For these reasons, the 90-day period prescribed for the Attorney General's review of Article 24 is suspended in accordance with G.L. c. 40, S 32.

Attorney General's Election to Proceed Under the Waiver Provisions of G.L. c. 40, S 32
The Attorney General has elected to proceed under the limited defect waiver authority conferred by G.L. c. 40, S 32.

Suspension of Review of Zoning By-Law Amendments
The 90-day period prescribed by law for the Attorney General's review of local by-laws is therefore suspended in accordance with the provisions of G.L. c. 40, S 32.

Posting and Publication of This Notice
The Town Clerk shall post a true copy of this Notice in a conspicuous place in the Rochester Town Hall for a period of not less than 14 days and shall publish a copy once in a newspaper of general circulation in the Town of Rochester.

Filing of Claim That Defect in Notice Was Misleading or Otherwise Prejudicial
Within 21 days of the date on which this Notice is published in a newspaper of general circulation in the Town of Rochester, any resident of the Town of Rochester, or the owner of any real property in the Town of Rochester or any other party entitled to notice of the planning board hearing may file with the Town Clerk a written statement that the notice defect was misleading or otherwise prejudicial. The statement must include the reasons supporting the claim that the defect in the Planning Board Notice was misleading or otherwise prejudicial. This statement must be actually on file with the Town Clerk not later than 21 days from the date on which this Notice is published in the newspaper.

Town Clerk's Certification of Compliance with This Notice
After the expiration of the 21-day period, the Town Clerk shall submit to the Attorney General a true copy of this Notice with a certification of compliance with the publishing and posting requirements of the preceding paragraph, and a certification that either (a) no claim was filed within the 21-day period, or (b) one or more claims were filed within the 21-day period. The Town Clerk shall submit to the Attorney General true copies of any such claim(s).

Resumption of Attorney General's Review
Upon receipt of one original copy of this Notice with the Clerk's certification, the 90-day period provided for the Attorney General's review under G.L. c. 40, S 32, shall resume. If no claim is made, the Attorney General has the discretion to waive any such defect; if any claim is made, however, the Attorney General may not waive any such defect.

Note: By not filing a claim under this provision, a person shall not be deprived of the right to assert a claim of invalidity arising out of any possible defect in the procedure of adoption or amendment, as provided in G.L. c. 40, S 32, and in G.L. c. 40A, S 5.

Date: September 27, 2024 Very truly yours,

ANDREA JOY CAMPBELL
ATTORNEY GENERAL
Nicole B. Caprioli
By: Nicole B. Caprioli
Assistant Attorney General
Municipal Law Unit
10 Mechanic Street, Suite 301
Worcester, MA 01608
(508) 792-7600 ext. 4418


cc: Town Counsel Elizabeth Lydon

Town Clerk's Certification
Rochester -- Case # 11532
Annual Town Meeting of May 13, 2024
Articles # 17, 18, 19, and 20


I hereby certify that I have posted and published a true copy of this Attorney General's Notice, as follows:

Posting - On November 25, 2024, and for a period of at least 14 days, I posted a true copy of this Notice at the following conspicuous place in the Rochester Town Hall: Town Hall Bulletin Board and Town Website


Publication - I published a true copy of this Notice in The Wanderer, a newspaper of general circulation in the Town of Rochester. The date of publication was: November 28, 2024. A copy of the published notice, including the date of publication, is attached.


Certification of Claims Filed - I certify that 21 days has expired from the date on which the notice was published in a newspaper and as of such date ______________:
[____] no claims were filed, or
[____] one or more claims were filed, and copies of each are attached hereto.



Date: __________________ _____________________________________________
Town Clerk, Town of Rochester