Having been stuck in the weeds of a backstory that dates back to the early 1980s, the Marion Planning Board finally found its way to a solution on Monday night by voting 4-2 to lift a cease-and-desist order and grant developer Sherman Briggs the Special Permit he requested to complete cleanup of a mostly dirt lot between Mill and Spring Streets.

            At the recommendation of Building Commissioner Bob Grillo, the board had issued the order because evidence of activities on site had risen to thresholds triggering his concern for the surrounding properties.

            The Special Permit that would free up Briggs to finish his work at property identified on Map 24 as Lots 36A, 37, 37A and 38, zoned Residence E (multifamily housing) addressed erosion control.

            Appearing before the Planning Board on Monday night, Briggs insisted that all the fill brought onto the site had happened prior to 2021, and he asserted that, since the fill on site remains at less than 19,000 square feet, the case should not fall under Marion’s erosion-control bylaw.

            Grillo corrected that assumption, noting that the erosion-control bylaw is not triggered by the amount of fill on site but the one acre of activity clearly exceeded.

            Briggs has long asserted that his property is lower than the surrounding properties concerned with runoff, but Grillo and the Planning Board were caught because abutters were unhappy with dust flying at the site and no apparent recourse to prevent the property owner from hauling in more fill and raising the grade to levels the abutters would consider dangerous.

            Without grounds to take action over that concern and apparent clearance of vegetation on the land, the town stopped Briggs’ activities based on the potential for silt runoff rather than clear (water only) runoff. After visiting the site, board member Andrew Daniel reported that water has only collected toward the center of the property, a condition Briggs told the board he designed so as to avoid posing a threat to his neighbors.

            “I agree there doesn’t appear to be any runoff on that site, but that doesn’t mean any fill to be brought in won’t cause an erosion-control bylaw,” Grillo said.

            “I don’t want to do any more than I have to because I intend to sell the property,” said Briggs, who told the board he intends to taper off the land as it abuts the nursing home and not disturb property belonging to the Open Space Acquisition Commission. Briggs said he needs to get rid of tree stumps on site. “I don’t plan on raising what’s there at all. It’s just disposing of the fill and leveling it off.”

            The only remaining piles, he said, will consist of the topsoil already on site.

            “The concern is that without some stopgap limitations … it just sort of feels like you’re going to keep spreading it all over the property, well exceeding the acre that we’re talking about. We just want to make sure that it gets capped in a way,” said Planning Board Chairman Tucker Burr.

            Member Ryan Burke felt that the Special Permit “doesn’t have a plan, doesn’t have grading, doesn’t have runoff … nothing we can approve.”

            The quandary left the members in search of some way to ensure Briggs’ activities are capped.

            “Something has to be in writing,” said board member Eileen Marum, referring to her study of Google Earth images over different time periods. She disputed Briggs’ account and asserted that he cleared massive amounts of vegetation without authorization. Briggs disagreed and said there has not been a tree at the site in over 10 years.

            Member Alanna Nelson asked for more detailed information, including project history.

            “It’s pretty much on that plan that I submitted,” said Briggs, alluding to his crushing and removal of concrete at the time he petitioned to change the zoning from light business to Residence E for the purposes of a market-rate housing development. “I cleaned all the piles out of there and got rid of that material. The disturbance was cleaning … that material was in there … the bulk of that material was in there under Baldwin’s permit to get into their lot.”

            Briggs said he had a day’s work to finish removing stumps and leveling off the remaining area. He said no fill would be brought in and that the grade has always stayed the same.

            In attendance, MOSAC Chairman John Rockwell verified that the board had received his letter outlining the commission’s position. His concern is that the Special Permit applied for left the board with “no idea how much fill that is. The bylaw clearly states that the applicant must demonstrate that there won’t be any impact on abutting properties,” said Rockwell.

            “That plan that I submitted shows what’s been done up to 2021. That plan goes out to the lot lines,” said Briggs, who estimated there are 200 yards of fill in the pile. “The other advantage to me getting it cleaned up (is) it won’t give people the idea they can dump excess fill, because that’s what’s been happening. I’m going to lock that place up.”

            In the end, the motion for the Special Permit stipulated that there be no new fill introduced, and if there was to be any new fill beyond 10 yards, Briggs must apply once again for a Special Permit. With that, the public hearing closed. Burr, Daniel, Burke and Jon Henry voted for, and Marum and Nelson against.

            After a presubmission conference, 133 Wareham Road LLC may be able to avoid Major Site Plan Review in favor of Minor Site Plan Review if the site plan can be revised to include 10 or fewer parking spaces. The initial proposal was for 11 spaces.

            The two triggers for Major Site Plan Review are: a construction covering 2,000 or more square feet or more than 10 parking spaces.

            The 1,600 square-foot construction (Map 11, Lot 121A) next to the hair salon at the western-most corner of Point Road and Route 6 will abut wetlands, but representative Jamie Bissonette of ZLC Consulting Engineers told the Planning Board on Monday night that no construction will occur within 30 feet of the wetland border and no area within 15 feet will be disturbed.

            Bissonette had already met with Town Planner and Conservation Agent Doug Guey-Lee in anticipation of this appearance and having filed a Notice of Intent, a public hearing later this month with the Conservation Commission. Guey-Lee was under the weather and not in attendance Monday night.

            Bissonette summarized several waiver requests that will be made in public hearings, including an infiltration study because the project will include an infiltration unit requiring relief from setbacks for installation. Bissonette noted that the town has additional setbacks for development.

            Grillo noted that if the existing parking lot has more than an adequate number of spaces, it might be reason for the applicant to reduce the spaces proposed in the new lot.

            “We do have more than enough parking off site,” said Bissonette.

            Burke asked what provisions exist if the ownership is not continuous at some point. Bissonette said his group could come up with an easement plan for that purpose.

            “Compared to what was over there … beautiful addition to the town,” said Daniel.

            Two public hearings were continued to the board’s October 16 meeting, the Department of Public Works new operations center at Benson Brook and the Chapter 220 Stormwater Management Bylaw.

            Even as the deadline to be included in the Warrant for the Special Fall Town Meeting to be held on October 23, most members felt that the Stormwater Bylaw requires more scrutiny. It will wait at least until Annual Town Meeting in May.

            After a public hearing, a Zoning Codification Bylaw was approved and sent forward for consideration at Special Town Meeting.

            Grillo outlined four proposed changes, recommending that the Planning Board pass on the use-variance change brought on by prior Town Counsel. He stated that the new Town Counsel recommends further study into language at the beginning of the use table and that wording needs more flexibility. Grillo suggested leaving the matter alone and possibly tackling it in time for the spring Town Meeting.

            Listening in, Town Administrator Geoff Gorman tweaked Grillo’s recommendation for housekeeping purposes, recommending the board not vote but to not take it up at all. That way, the proposal will not make the Town Meeting Warrant with or without a board recommendation.

            Per the board’s vote, a clerical correction will be included in the warrant article regarding lot, yard and height only to include all the residential compounds (A, B, C and D but not E) affected by the bylaw. The board also voted to endorse two other “housekeeping” changes.

            Henry asked to be relieved of his duties of representing the Planning Board to the Southeastern Regional Planning and Economic Development District (SRPEDD.) It is anticipated that duty will be asked of William Dale Jones, who was not in attendance on Monday night.

            The next meeting of the Marion Planning Board is scheduled for Monday, October 16, at 7:00 pm at the Police Station.

Marion Planning Board

By Mick Colageo

            Rochester’s Select Board, meeting on Monday night, dissolved the Public Safety Feasibility Study Committee that was examining the town’s goal of improving Police and Fire Department facilities and created a Public Safety Facility Building Committee.

            Public Safety Feasibility Study Committee Chairman Arnie Johnson told the Select Board that the feasibility report has been produced, detailing options. Unfortunately, he said, all the options “will cost a lot of money.”

            Johnson said that is why he is recommending the Public Safety Feasibility Study Committee be disbanded and a Public Safety Facility Building Committee be appointed. “So we can explore other options,” Johnson said. “Bring the original cost estimates down.” He gave as examples: focusing on the main Fire Station alone and finding an alternative to a traditional “stick” construction.

            The Select Board followed his lead and appointed 11 voting members to a new Public Safety Facility Building Committee.

            Eight committee members represent town government: Johnson (Planning Board chairman), Fire Chief Scott Weigel, Police Chief Robert Small, Select Board member Adam Murphy, Facilities Manager Andrew Daniel, Deputy Fire Chief Jeff Eldridge, Finance Committee member David Arancio and Town Administrator Glenn Cannon. Select Board member Brad Morse will serve as Murphy’s alternate.

            The other three voting members are Rochester residents Brian Porter, Bob Francis and David Sullivan.

            In February, the Public Safety Facility Feasibility Study Committee agreed with consultant Ted Galante’s focus for examining whether to combine, replace or rehab the town’s police and fire stations to alleviate cramped quarters.

            The committee, with Galante’s assistance, studied the feasibility of renovating and expanding the Police Station at 26 Dexter Lane, building a new Fire Station headquarters at 65 Pine Street or on Mendell Road and further down the timeline, build Fire Department substation on High Street where a quicker emergency response will be needed when a proposed, 60-unit senior housing development is built off Route 28.

            While postpandemic building costs have skyrocketed in general, even over the several months since the Feasibility Study was launched, the committee’s estimation of total hard and soft costs for a three-facility project (main Fire Station, east-side substation and Police Station expansion/renovation) has soared from initial ballpark figures. When the report was completed last week, the hard construction cost of a new main Fire Station alone was estimated at $21,000,000. Soft construction costs typically add approximately 30%.

            Later in the meeting, the Select Board helped create another new committee after Arancio requested the town create a By-Law Review Committee “to really dig down into a bylaws where they need revising,” he said.

            Arancio noted that Town Planner Nancy Durfee had proposed that a similar, less formal bylaw review board be created. She has since withdrawn that plan in favor of seeing the creation of this bylaw committee as proposed Monday night.

            The Select Board proceeded to establish a seven-member By-Law Review Committee to include: three ZBA members, two Planning Board members and citizens’ at-large members appointed by the Select Board and nonvoting members from Town Hall staff. Morse said the public should contact Town Hall to volunteer for an at-large seat.

            In other action, the Select Board quickly approved a request by Building Commissioner Paul Boucher to take legal action against 0 Walnut Plain Road. Boucher did not comment further as he exited the meeting. On August 8, the Planning Board approved a Certificate of Compliance for a solar project at 0 Walnut Plain Road and Old Middleboro Road after Johnson reported that all disturbed areas appeared to be vegetated and stabilized.

            The Select Board approved Small’s request to appoint a new officer. He is Gene Robinson, an Acushnet resident whom Small said brings over a decade of police experience to Rochester, including as an officer in his hometown.

            The Select Board approved a request from Weigel to fund new, more digitally adaptable radios for better communications with the Police Department, an expense that will be paid for using ARPA funds. Weigel said he needs a total of 12 radios at $1,800 each. The board voted, allowing an initial expenditure of $25,000.

            The board set this year’s Tree Lighting event for December 4.

            Cannon announced the Fire Department will hold an Open House at its main station on Thursday, October 12, from 10:00 am to 2:00 pm as a way for the public to see what maintenance (or replacement) the facility needs.

            The Rochester Select Board set its next meeting for Monday, October 23, at 6:00 pm at Town Hall, 1 Constitution Way.

Rochester Select Board

By Michael J. DeCicco

            Rochester’s Library Board of Trustees quickly dispensed with several of its most controversial issues in a stunningly brief meeting on September 28.

            The board started its meeting in a Senior Center room crowded with area residents by adopting the town’s flag policy (rather than adopting its own), wherein the library will only fly the flags of the town, the state, the Federal government and the military and, by implication, not those of special-interest groups such as the LBGTQ Rainbow flag.

            It then reapproved the library’s gift policy, which was first adopted in March 2008. Citing this policy, which states “Acceptance and utilization of donated materials is at the discretion of the library,” the board then made its most impactful decision of the night.

            The board voted to return the Rainbow-flag-lined Little Diverse Library that sits outside Plumb Memorial Library’s front entrance to Tri-Town Against Racism, the community-based group that donated the small mailbox-sized book depository to the town. It is here that the Rainbow flag flew, drawing residents’ complaints that sparked the library to take the flag down.

            Before the Little Library vote was taken, Trustee Chairperson Kelley Medeiros explained the motion to give it back to TTAR was based merely on the fact the town library controls its own grounds and staff and must accept gifts such as the Little Diverse Library only under agreed-to provisions.

            No such provisions were agreed to when a previous library director and trustees board approved the acceptance of the donation in January 2021, Medeiros said. The contents of the little library would not be under the trustee board’s control.

            Medeiros opened discussion on the issue by noting that recently 20 pieces of correspondence received on the issue were in favor of the library, 13 were against, and the grand total of all correspondence received since the issue arose has been 49 in favor of the little library and 18 against. She added, however, that while the board does not support any political agenda, it does have to support its policies.

            Rhonda Baptiste, vice president of Tri-Town Against Racism, protested Mederios’ assertion about the lack of an agreed-to provisioning, noting TTAR followed careful steps and did everything the group was asked to do.

            “TTAR’s steps to approval didn’t comply with our policy,” Medeiros answered.

            “We went through every single step,” TTAR President Alison Noyce said, “every single step.” She said this donation should not be changed just because some people are offended by certain books.

            Medeiros responded that the library should be a safe space for everyone. “This is to follow our policies, our gift policy,” she said.

            Medeiros then cut off public discussion, as several audience members had their hands raised, and she motioned for a vote. The resulting approval to return the library to TTAR was unanimous, but it was met with shouts of “boo” and “shame” from the crowd.

            Next, Medeiros made the crowd equally unhappy by motioning to table indefinitely proposals by Jeffrey Costa and Greg Hardy to install additional little libraries on Plumb library grounds. These proposals, too, passed unanimously. She explained to the crowd that this is merely a way to be fair and consistent with library policy. No provisions/conditions are being proposed for these little libraries either.

            Costa, a Rochester resident and Zoning Board of Appeals associate member, had recently suggested in a letter to the library board that a “little pro-family” (library) and “a little pro-freedom” be constructed next to the “Diversity Library” as a counterpoint to the latter’s messaging.

            After the meeting adjourned, Medeiros emphasized again that the little library is being returned simply because the steps to approve it did not follow policy. As to why she curtailed public discussion on the issue before the vote, she said, “Because it was debated at the last meeting, the public hearing two weeks ago. We have heard it all. It was time to vote.”

            Asked what the group’s next step with Rochester’s little library donation will be, TTAR Marketing Director Jessica DeCicco-Carey frowned and shrugged, saying the group is not really sure what it will do once the little library is returned to them. “We don’t have a decision yet,” she said.

            Noyce said Rochester is now the only one of the three towns in the Tri-Town area to reject a Little Diverse Library. “I’m embarrassed for them,” she said.

Rochester Library Trustees

By Michael J. DeCicco