Local developer Sherman Briggs’ concerns that Creek Road may have been paved over tainted landfill dug out and moved to outlying towns from Boston’s “big dig” of the 1990s was refuted during the Marion Select Board’s January 4 public meeting.

            “There is a 2017 report that it met all the state standards,” said Interim Town Administrator Judy Mooney, pointing to a report filed with the town by engineering firm CDM Smith that included test data showing no evidence that the soil under Creek Road is contaminated or otherwise unfit for its usage.

            “Why is the pavement in the shape it’s in?” asked Briggs during the Open Comment portion of the meeting. “The first rule of thumb is you don’t put asphalt down on frost.”

            In reviewing the road paved in 2003, Briggs also asked for the whereabouts of $250,000 originally approved by town voters to activate the Creek Road water main, which has since been found to be inactive and beyond rehabilitation. Now the project is seeking $122,000 in additional funding.

            “Do we know what that money is for … engineering or the replacement of the line?” asked Briggs.

            “I recall it’s for engineering. … It should be in the town report,” stated Select Board Chairman Randy Parker.

            “That’s toast,” said Select Board member Norm Hills of the Creek Road water main.

            “If the town paves that road, it’ll be the same way,” insisted Briggs.

            In answer to Briggs’ question about Marion’s wells at East, West and Mary’s Pond locations, Mooney said the town anticipates start-up in approximately a month’s time.

            Parker explained the delay was due to a discovery that the new pumps failed to meet the gallons-to-minute requirements, so new pumps were ordered. Briggs said that main water is no longer in service except to add chemicals.

            In a brief public hearing, the board voted to approve the Kittansett Club’s plan to alter its premises by renovating its interior bar and adding an exterior bar on the deck under a pavilion.

            Representing the club was Steve Mann, general manager and chief operating officer, who told the board of the club’s change of officers and noted that while the previously walk-up bar could accommodate up to eight patrons, the new arrangement will allow for 12.

            With the board’s approval of both the new officers and the planned alterations, Mann said Kittansett would submit its application to the state Alcohol Beverages Control Commission (ABCC) for licensing.

            The Select Board voted to approve membership of the Marion Historic District Study Committee as: Will Tifft of the Sippican Historical Society, Margie Baldwin, Dan Crete, John DiSalvo, George Morton, Stephen Swain and Mallory Waterman. Meg Steinberg, who was involved in organizing the committee, withdrew her name from consideration for membership among the 16 applicants.

            In her update to the Select Board, Mooney reported that the search for a new town administrator was down to three finalists, who were scheduled to interview on December 5.

            Mooney also reported that architect Will Saltonstall is working to put together proposals for the new Department of Public Works operations center at Benson Brook and anticipates a meeting in the third week of January. “He’s moving along,” said Mooney.

            There was no new information on the former Lockheed Martin property.

            Among action items, the board voted to approve a new arrangement for the town’s legal representation.

            Town Counsel Jon Witten is leaving KP Law and going back on his own practice and proposed an arrangement that would have him continue to function as the town’s lead counsel and for KP Law to handle specialty matters such as labor.

            The board voted to approve a $28,538 donation from Marion EMT Association, a Senior Work-off Program at the Council on Aging and a one-day liquor license for the Marion Social Club January 15. It voted against a water abatement requested at 123 Cove Circle.

            Select Board member Toby Burr recommended that the town establish a central location for its many policies.

            Regarding the state’s plan to implement new Title 5 septic regulations, the board recommended that citizens attend the public hearings and submit any comments directly to MassDEP. All information is posted in a new section at marionma.gov.

            The Select Board, in conjunction with the town’s Board of Health, plans to post its letter to the state on the town website.

            The Marion Select Board met on Tuesday in a session geared toward the Comprehensive Wastewater Management Plan and has scheduled an executive session to discuss negotiations on Thursday, January 12, at 5:00 pm.

            The next regular public meeting of the Marion Select Board is scheduled for Wednesday, January 18, at 6:00 pm.

Marion Select Board

By Mick Colageo

            “I guess it’s time to go home again,” Planning Board Chair Arnold Johnson said. With that recommendation on Tuesday, the board approved moving its regular meetings back to town hall starting in February.

            The panel had been meeting in the Old Colony Regional Vocational Technical High School library since the COVID pandemic began in the spring of 2020. But town planner Nancy Durfee on January 10 urged the move back to the town office building because, she said, the equipment used for airing each meeting on Cable and Zoom and the files the panel needs for each meeting are already there. Gone will be the need to lug files and set up the equipment at Old Colony.

            Durfee said the change will be made for the February 14 meeting because the location of the January 24 meeting has already been posted.

            The second to the last Planning Board meeting before the venue change approved Edgewood Development’s modification to its definitive subdivision and flexible development plan after reviewing the panel’s draft decision. It is a proposal to eliminate a subdivision road and convert/downgrade 10 approved lots to three lots at Connet Woods and Box Turtle Drive.

            The board then approved the draft decision to allow Rockland Trust Company to build a drive-up/walk-up kiosk at Plumb Corner. The company’s plan is to build a seven by 13-foot drive-up/walk-up kiosk on an eight by 19-foot concrete foundation in the Plumb Corner plaza parking lot to the westerly end of one of the landscaped islands.

            The board also endorsed a Notice of Intent to allow leasing and converting a 10,000 square-foot portion of Chapter 61A land totaling 115.12 acres off of High Street owned by the Makepeace Company, the plan being to place a cellular tower there.

            The panel then approved the Scenic Highway permit application of Ken Elliot of Elliot Farms, who plans to place an eight-foot tall deer-exclusionary fence 1100 feet along his farmland property on Marion Road. Elliot had to change his original plan after board members said that his neighbors might complain about the fence if it is placed in front of trees there. Elliot agreed to place the fence further back behind the trees to receive an approval in time to farm the land starting in February.

            The board continued until January 24 its hearing into the special permit and site plan review for a large-scale photovaltic canopy system being proposed in the rear parking lot of the Rochester Memorial School. Durfee said the petitioners need more time to compile information.

            Lastly, the board approved issuing a letter noting that the Old Middleboro Road solar facility project ‘substantially complete.’ The project’s technical consultant Thomas Gadowski said this letter will allow them to proceed to further, final steps.

            The board set its next meeting for January 24 at 7 pm in the Old Colony Regional Vocational-Technical High School, 476 North Avenue.

Rochester Planning Board

By Michael J. DeCicco

            The Rochester Conservation Commission Tuesday night approved the Certificate of Compliance for a 33-year-old, earth-removal project at Plumb Corner.

            Project engineer Michael Pimental explained this approval would close out the plan that in 1989 removed 77,000 cubic yards of earth from what is now the Plumb Corner development. The developer has finally restored the “original cover” to that area of the property, he said.

            Before the approval vote, Conservation Agent Merilee Kelly requested clarification as from where the earth was removed. Pimental explained this removal was from the northwest corner of the property.

            Commission Chairman Christopher Gerrior asked if the current board should be the one to close it out, even though its members had not seen the project first-hand. Commission member Ben Bailey said, so long as the conservation agent approves the project’s completion, that is all that’s needed. Kelly said she was, in fact, comfortable endorsing its completion.

            The commission also approved a drainage-improvement plan at Plumb Corner. Pimental explained that the developer has dissected the problematic drainage system into two separate leaching fields.

            The problem to be solved, Kelly explained after the meeting, was that a concrete drainage pipe was sending pollution into a vernal pool whenever there was heavy rain. The developer used a “suck truck” to clean out the pipe, she said, and then designed the alternate drainage system.

            The board also approved the Notice of Intent for a plan to build a single-family home, patio and landscape wall within a wetlands buffer zone at 32 Gerrish Road.

            Brian Grady of G.A.F. Engineering, representing property owners Kevin Crimi and Christine Gagnon, noted the commissioners conducted a site inspection on December 17 and could see the 25-foot buffer zone in question “is not undisturbed.” That is, it is land that was regularly mowed when the property had a cranberry bog. Grady said the property owners will maintain and not clear that zone.

            The commission started the meeting by continuing until January 17 its hearing into the Notice of Intent application for Jon Roth at 119 Dexter Lane. Roth’s plan is to clear the land he owns that is overgrown with invasive plant species so his horses and cattle can graze there. Kelly reported that the town is still waiting for correspondence from the state; the Natural Heritage Foundation needs to approve the plan because the area is a designated priority habitat.

            Kelly also announced the commission will receive an update on the 89 Box Turtle Drive project from Town Counsel (Blair Bailey) at its January 17 meeting.

            Ben Bailey proposed an article be posted on the commission’s website regarding “Death by Feeding.” Residents should not feed wild animals, such as deer, bread and other complex carbohydrates. This type of human food will kill them because of their sensitive digestive systems, he said.

            The commission set its next meeting for Tuesday, January 17, at 7:00 pm in the Old Colony Regional Vocational-Technical High School library, 476 North Avenue.

Rochester Conservation Commission

By Michael J. DeCicco

            Marion Open Space Acquisition Commission Chairman John Rockwell hopes to keep any of the commission’s work done in house if possible.

            In his Point Road Bike Path update to MOSAC’s December 7 public meeting, Rockwell told fellow members that he realized the town’s Department of Public Works has been performing some excavation-type work at the Cushing Community Center. That has given him pause regarding the sending out of a Request for Proposal (RFP) to solicit bids for work that MOSAC needs done along Point Road.

            He said, should Facilities Manager Shaun Cormier be able and available to conduct work that MOSAC needs done, the commission is in a position to pay the town for the work. Secondly, he noted that the town has a person who does contract work, so he thought it would be a good idea to have the town review his RFP and offer suggestions. He asked the membership’s opinions.

            “I think it’s great if we can take advantage of any of the resources they have,” said MOSAC member Amanda Chace. “There’s skill on the labor portion but also that contract person, I think it’s really great if you can take advantage of that. And I think that helps in terms of our due diligence.”

            “Keeping things within the town is always a great option,” agreed MOSAC member Deb Ewing. “And if it doesn’t work to your point, they’ve got some expertise, perhaps with the contracts and such. We can make sure we’re bidding this out correctly.”

            Rockwell said he would contact Becky Tilden, the new DPW director, to see what she and Cormier can do to assist MOSAC. He figures it’s a win-win to keep the funds within the town, especially during the slower winter months.

            Rockwell said he received an email from Libby Consulting, saying the survey work for open-space encroachment has been done where the path runs up against a particular lot at Joanne Drive. The members voted to pay the surveying invoice. MOSAC also planned a site visit walk-through of the forestry area on December 10.

            A larger project is organizing a survey of Marion stakeholders as to MOSAC’s land-acquisition activities.

            Ewing was once again appointed the commission’s representative to Marion’s Community Preservation Committee. Ewing also said she met with Karen Gregory of the Marion Council on Aging regarding to discuss monthly volunteer help with maintenance of the commission’s open spaces.

            The first meeting of the Marion Open Space Acquisition Commission for 2023 was not scheduled upon adjournment.

Marion Open Space Acquisition Commission

By Mick Colageo