Developer Matt Zuker appeared before the Marion Planning Board on Monday night with an overview of his 48-unit, townhouse-style, residential development that he plans to construct off Route 6 near the Wareham town line.

            The Presubmission Conference was the opening act of an anticipated series of meetings that will feature vastly more-detailed presentations from delegated experts to vet a market-rate housing project requiring major site-plan review.

            “The plan has not really changed,” said Zuker, noting that the 78 Wareham Road project will include 36 detached units and 12 attached (duplex units) starting in the low $600,000 range.

            Zuker told the Planning Board he plans on “a very extensive utility mitigation plan” with the town in terms of sewer and other infrastructure as agreed upon as a prelude to this process.

            The project is adjacent to Steen Realty’s 120-unit, Heron Cove (affordable-housing) development approved by the Zoning Board of Appeals but yet to break ground. It was noted during the meeting that Ken Steen has yet to pull a permit to begin construction on the site.

            “If we have to go alone in all the utility work, we are,” said Zuker.

            Asked by Planning Board Chairman Norm Hills what his intentions are toward compliance with Marion’s Inclusionary Zoning bylaw, Zuker said, “It’ll be a payment. … From a business standpoint, it just doesn’t make sense (to build “affordable” units.)… It’s a significant delta … $75,000 per unit, and the sale price is tied to the state.”

            “I think he makes the right choice because of the cost of construction,” said Planning Board member Andrew Daniel, an opponent of the bylaw.

            Rebuffed in 2021, Zuker returned to Town Meeting last year and successfully gained voters’ confidence in changing the zoning on the property to Residence E in order to build the townhouse-style development designed to generate more water/sewer rate payers for the town and at the same time, provide for downsizing seniors looking to age in place.

            “The architecture hasn’t changed since (October 2022) Town Meeting, T2 (engineering) did a really good job on it,” said Zuker, who is looking to create “a village-like community.” He said everything is outside the wetlands and 200-foot river buffer.

            Member Chris Collings asked about the sewer/septic plan, to which Zuker said that water and sewer were part his deal with the town and will run from Point Road to River Road. A pumping station will be built on the property, along with a couple of smaller utilities.

            Member Eileen Marum asked Zuker about electric utilities and clean energy.

            “The technology’s way better now, so in the past I would have pushed back on some of this stuff, but we have two (green-energy) projects going,” said Zuker, noting that the units will be built “solar-ready.” He added that heat pumps are “pretty effective now, even down below 32 (degrees F).”

            “One of the things I really appreciate is you did your homework,” said member Alanna Nelson.

            “The process to get it approved, you did a much better job (in 2022) presenting it. I think you did it the right way,” said Daniel.

            Attending remotely via Zoom, Town Planner Doug Guey-Lee instructed the board as to the process for major site-plan review, establish next rounds and holding special-permit hearings with “full scrutiny and detail in the very near future.”

            The board voted to request Zuker establish a 53G account with a $5,000 deposit to finance site-plan review by Field Engineering.

            Mass DOT is expected to perform a traffic-impact assessment that Guey-Lee called “pretty thorough.” Nonetheless, given the fact Zuker has done a traffic study and the state will conduct its own, Guey-Lee gave the board the option of conducting one itself.

            “I think you’ll be done before they get to the road work,” Hills told Zuker with respect to the impact of a new Weweantic Bridge.

            Zuker also noted he has a company that performs environmental studies for his projects.

            Asked by Daniel about a timeline for his “rolling development,” Zuker said the project could take between 18 months and two years. “That would be my goal, but … I don’t want to finish them all and have 20 houses for sale.” Zuker hopes to build a few at a time and let visitors choose locations.

            The units closest to the water will be elevated 25 feet above, as the project will be built on the side of a hill.

            It was agreed that Guey-Lee and Zuker will coordinate a schedule of presentations focusing on different aspects of the project as the board digs into the public-hearing process.

            Local developer Sherman Briggs was not present for a discussion on erosion control at his Spring Street property that intensified after Guey-Lee reported that Building Commissioner Bob Grillo believes Briggs has met the threshold requiring vetting by the Planning Board for his activities at the site.

            Hills said Briggs “needs to file for a special permit with us … a little late in the game, but we should still pursue this.”

            Twice, Briggs had filed with the town to build a residential development earmarked for senior citizens and both times pulled his application amidst disagreement primarily over the Inclusionary Zoning Bylaw requiring affordable units or payment in lieu thereof.

            Marum said Briggs has cleared away all the vegetation from the 3.55 acres. “It looks like a beach,” she said. It doesn’t appear to be Residence E (zoned), it looks like a contractor’s yard that should be zoned limited industrial. … I believe Mr. Grillo needs to have a conversation with Mr. Briggs and have Mr. Briggs fill out what he’s done, what he plans to do, and how he’s going to repair the ground.

            “The other thing I’d like to see stopped is the burning.” Marum said the smoke carrying onto Fieldstone Lane is forcing residents there to remain in their houses.

            Member Jon Henry disputed that the burning is taking place on Briggs’ property.

            “We need to make sure we’re doing the Planning Board’s business,” interjected Guey-Lee. “Keep in mind Mr. Grillo has talked with Mr. Briggs … long and short, Mr. Grillo has decided (Briggs) does need to get a special permit.”

            Guey-Lee agreed with Marum that if Briggs argues he is within the threshold not requiring a special permit, he must substantiate that to the Planning Board with supportive evidence.

            Henry argued that Grillo should adjudicate the situation, but Hills said, “It sounds like we’re beyond that.”

            “We need to talk to Sherman,” said member Tucker Burr, suggesting Grillo write him the letter stating he needs to apply for a special permit.

            While Guey-Lee and the Planning Board agreed a letter should come from the board (Guey-Lee), Collings agreed with Burr’s larger point.

            “If it has gotten to that point … allow the man to address the issue and answer the questions on the record,” said Collings, who also argued that “the amount of debris removed there vastly outplaces what was brought in. … I’m perplexed because other lots in this town have not had the same kind of aggressive oversight from this board.”

            “My caution light has been blinking. It looks more like incrimination rather than adjudication,” added Henry.

            “There were plenty of trees, shrubs, grasses, animals. Now it’s like a desert,” said Marum, defending her argument.

            While Nelson noted that the area send dust flying in windy days, she suggested the board “stick very close to the zoning” issues when addressing Briggs about the matter.

            In referencing Guey-Lee’s letter, Collings suggested, “And Doug, more sunshine, less shade.”

“I’ll try to be positive,” said Guey-Lee.

            In response to a request from the Zoning Board of Appeals for comments regarding its adjudication of an application for a variance in the height of a ground-mounted solar array in a residential area filed by Terry Buckley and Gail Cullen at 6 Derby Lane, the Planning Board determined that the ZBA can hear the case without a site-plan review.

            ZBA Chairperson Cynthia Callow, attending via Zoom, said the ZBA plans to hear the case on Thursday, May 25.

            Hills read aloud a citizens’ letter from former Select Board member John Waterman that describes the town’s Affordable/Inclusionary Housing Bylaw as a tax on new residential developments.

            Monday’s was the final Planning Board meeting for both Hills and Collings, who are not running for reelection. Daniel publicly thanked both for their service and “500 years” of hard work.

            Nelson, the vice chairperson, will preside over the next meeting of the Marion Planning Board scheduled for Monday, May 15, at 7:00 pm at the Police Station and also accessible live via Zoom.

By Mick Colageo

Rochester’s Zoning Board of Appeals on April 27 reviewed two proposals that turned single-family houses into multifamily dwellings. The board approved a special permit for construction of an in-law apartment above a garage at 24 Mayflower Lane, but the members weren’t sure about a plan to convert a basement into a dwelling unit at 128 Dexter Lane.

            Sharon Grant’s plan at her home on Mayflower Lane is to convert the upper level of her garage into an apartment for her aging parents, who will be selling the home they own on Rounseville Road. The design will include a living room, a kitchen, bedroom and bathroom and a deck and wraparound stairs attached to the northeast corner of the unit.

            The board endorsed the plan after acting chairman Richard Cutler noted the plan does not increase the structural floor area but that the house lot is too small to do this by right.

            Grant noted she has owned 24 Mayflower Lane since 1999, and her parents are also long-time Rochester residents. This led board member Donald Spirlet to remark before voting his approval that he was glad Grant was doing this. “People living here a long time should be able to do this,” he said.

            Carl MacDermott III’s request for a special permit and variances of minimum lot requirements and minimum required frontage so he may convert a basement into an apartment for his son at 128 Dexter Lane did not go as smoothly.

            MacDermott said his son, who has visitation rights to his two children after a divorce, needs a place to stay. His son works a lot of on-call hours as a Massachusetts State Police officer with the Homicide Unit, and the house’s septic system has already been designed for four bedrooms, he said.

            The board wrestled with one big sticking point. MacDermott has lived at the address only since 2019, less than the seven years of continuous residence required to convert a dwelling to “multifamily.”

            The strength of that requirement depends on which chapter of zoning bylaw is referenced in the decision the board makes, Cutler indicated. It’s why he proposed crafting a draft decision and running it by Town Counsel first. The board agreed to continue this hearing until its next meeting on Thursday, May 11.

            In other action, the board voted to cease holding hybrid meetings, wherein Zoom attendees are also allowed. This new policy will take effect after May 11 because this meeting has already been posted as hybrid. The board also agreed, however, that a meeting may revert to hybrid when special circumstances warrant it.

            Cutler noted the special permit that the board granted to Five O’Clock Farm, a horse stable at 66 Burgess Avenue, has been remanded back to the board for a rehearing as a result of a Land Court complaint. “The petitioners said they did not get the opportunity to discuss the decision,” Cutler explained. “The petitioner disagreed with the conditions.”

            That special permit rehearing was scheduled for May 25.

            The Zoning Board of Appeals’ next public meeting will be held on Thursday, May 11, starting at 7:15 pm at Town Hall, 1 Constitution Way.

Rochester Zoning Board of Appeals

By Michael J. DeCicco