The solar project slated for 268 Mattapoisett Road has been stalled after the Rochester Planning Board on January 23 determined that proposed changes to the plan, although seemingly minor when viewed singularly, all add up to one major change to the plan. Thus, a new public hearing must be scheduled and abutters duly notified.

At the last meeting on January 9, representatives from developer Clean Energy Collective realized the board was not quick to agree that a request to change the elevation of a berm and fence was as simple as they had hoped.

Due to some site elevation discrepancies between existing conditions and those noted in the plan and because the bedrock below the proposed panels was denser than expected, the developer’s options were to either raise up the berm and increase the height of the fence or ask the board if they could blast in excess of the board’s original approval.

But the board was not pleased with either of those two options, so they continued the discussion until January 23 and waited until the board’s peer review engineer, Ken Motta, could weigh in on the matter.

But before Motta spoke on January 23, Attorney Richard Serkey, flanked by President of Renewables for CEC Tom Hunt, who flew in from Colorado just for the meeting, and some other new faces, spoke on behalf of the developer.

“If your purpose was to make sure that you got Clean Energy Collective’s attention, you certainly did,” Serkey said.

Serkey said the developer was ready to comply 100 percent with all the comments Motta made in his report, and at that the discussion started.

Hunt addressed the board next, saying, “Our goal is to work with you … and to acknowledge that the (elevation) error was on our part.”

The prior meeting left off with CEC considering taking the board’s advice of attempting further hammering and drilling to make the actual elevations of certain areas of the site before requesting any changes in the amount of blasting, but none of that was subsequently explored.

One of the contractors said the developer was advised not to go ahead with the excessive hammering because it was not the “optimal option.”

Hunt said, after a couple weeks of work, he had what he felt was a good plan “…that’s a minor modification…”

“I apologize for the fact that we have to take up more of your time on this due to the discrepancies,” Hunt said.

Planning Board Chairman Arnie Johnson determined, however, that there was still some important data missing from CEC’s submission that evening, and later told Serkey et al. that nothing could move forward until all pertinent information was turned in, including a “topo” (topographic survey) of the entire site, added Motta.

“The board tonight really needs to make the determination if these are minor or significant [changes],” said Johnson, in order to start the notification process of abutters.

To summarize for the board CEC’s proposed changes versus what was approved, Engineer Evan Watson of Prime Engineering said the topo of area at the site was “58”, but is actually “60”, which makes some panels visible from Mattapoisett Road. Because of the elevation discrepancies, the stormwater management system would also need to be reassessed. To mitigate that elevation inconsistency, CEC proposed elevating the outside berm another 2 to 3 feet in height, with the screening fence of 8 feet placed 6 inches above the top of the berm.

Planning Board member Gary Florindo questioned the feasibility of that proposal, saying that he had compared that proposal, which would equal a screening element of 17 feet in height, with the height of his barn on his property.

“And I thought, ‘This is gonna look crazy,’” said Florindo.

Johnson turned to Motta and asked the million-dollar question of the night: “In your opinion, are these changes major or minor?”

“There are major changes,” said Motta. “Mirror [the new proposals] against the original plan, what do you have left from the original plan?”

Then the board members offered their own opinions, which differed at first.

“I personally think they’re minor changes,” said board member John DiMaggio. “He’s not changing a lot of the plan itself … Some of the grades, elevations, it’s not like he’s redrawing a new plan.…”

Board member Chris Silveira said he felt like nearly everything was changed in the plan.

“It’s tough for me to call it a minor change when we had to have all new plan sets done.… It’s a tough call. I see all the sides of it…. My thought is, just because the rules are the rules, I think it’s a major change.”

“A lot of minor changes combined add up to one major change,” commented board member Lee Carr.

Florindo suggested a site visit before making any decision, which was what board member Mike Murphy said he would fancy as well.

“You don’t get the right answer until you get your shoes dirty,” said Florindo.

Board member Ben Bailey disagreed, saying that Motta was hired to go out and get his feet dirty on behalf of the board, and the board puts its trust in Motta.

Town Counsel Blair Bailey (no relation to the former Bailey) cautioned the board, saying, “You may think it’s major, you may think it’s minor – the question comes, what would an abutter think?”

If the board determined the changes were minor, abutters would be denied the right to appeal the changes from the original plan.

“What you’re doing is taking away somebody’s right to appeal your change … because you’re making a decision they can’t appeal.”

The board decided to allow CEC to continue some work on the stormwater basins only to mitigate flooding that property owner Michael Forand says is now taking place at the site, but that was it.

Then Johnson rendered his opinion – these changes are major.

“I think that when you boil that down, there’s not a whole lot left of our decision that hasn’t been tweaked at some point…” said Johnson.

A site visit would be scheduled once all data was submitted, he said before asking for a motion, which included the decision to schedule a public hearing and notify abutters – but again, not until the data was complete.

The vote was unanimous.

Also during the meeting, the Special Permit for a large-scale solar farm at 453 Rounseville Road filed by Borrego Solar Systems, although inching closer toward approval, was continued again until February 13 after a brief discussion and some comments from abutters.

The public hearing for the Special Permit application for a Back Lot filed by Madeleine Monteiro for 0 Walnut Plain Road was continued until February 13 at the request of the applicant. Johnson said the applicant is still working with the Building Department on certain aspects of the proposal.

The next meeting of the Rochester Planning Board is scheduled for February 13 at 7:00 pm at the Rochester Town Hall.

Rochester Planning Board

By Jean Perry

The Board of Selectmen learned on January 22 that two Americans with Disabilities Act (ADA) compliance grants that Facilities Manager Andrew Daniel applied for have been awarded to the Town of Rochester.

The Commonwealth released $1 million in grant funding for municipalities to receive up to $250,000 for ADA compliance projects. Daniel spent months assessing the town-owned facilities and had to develop a transition plan in order to make Rochester eligible for grant funding. He submitted three grants: one on behalf of the COA building, one for the library, and one for the Town Hall. Rochester was granted two of them, totaling $75,000.

Town Administrator Suzanne Szyndlar said one grant was awarded for a maximum of $25,000 for the installation of automatic door openers for the two entrances to the Council on Aging building on Dexter Lane, along with a paved accessible pathway that would link the side parking lot walkway to the concrete patio accessed via the main function room.

In a follow-up phone interview with Daniel, who spearheaded the mission to make Rochester ADA compliant and is leading the project, he said he had received some complaints of how heavy the COA doors are, so automatic door openers made sense. And although the COA building was built after the ADA came into effect so most features are compliant, there was still the patio that, for safety reasons, Daniel thought should connect with the sidewalk for an added viable emergency exit.

Then, with a little bit of money left over, Daniel chose to purchase an ADA beach wheelchair for Rochester residents to borrow to take to the beach. The chair would be kept at the COA and residents will be allowed to check the chair out for the day.

The second grant is for a maximum of $50,000 to make the Town Hall handicap access entry door/ramp ADA compliant, equipped with an automatic door opener, and for renovations to add one unisex ADA compliant restroom. Furthermore, additional handicap parking spaces will be added to the parking lot outside Town Hall.

“The plans that we have are all to make some pretty significant changes to accommodate people with disabilities and people who have mobility issues,” Daniel said. “I’m really pleased about it.”

The restroom still needs to be discussed, Daniel added, since the existing restrooms are not feasible for expansion. Old Colony students took a conceptual idea that Daniel gave them, and drafted up a set of plans that Daniel could use when building the restroom.

Daniel will be performing most of the construction in order to keep costs down.

“It’s plausible, but there’s a lot of work to be done,” said Daniel. “It’s just another step the Town of Rochester is going to make to become ADA complaint and that’s the goal – compliance.

“A bit at a time and well get there,” he said.

Szyndlar praised Daniel for his efforts.

“A special thanks to Andrew Daniel for his hard work in getting us these grants,” said Szyndlar.

In other matters, Water Commissioners told the Rochester Board of Selectmen on January 22 that holding off another two weeks until the board approves language for a water agreement with the Town of Middleboro would be no big deal, since the project has been in the works for several years now.

Selectman Greenwood Hartley asked Water Commission Chairman Fred Underhill if he would mind if the selectmen took the two weeks in between then and its next meeting to allow residents who may be unfamiliar with the proposed project time to inquire about it before selectmen give the OK.

The project, which has been in the works for a number of years and has been approved by Middleboro Town Meeting voters, would extend the Middleboro waterline down North Street to provide domestic water service to the Annie Maxim House, an elderly residential facility, and fire emergency water to the Town of Rochester.

The inter-municipal project would be at no cost to the Town, although Underhill did say that he would prefer Rochester foot the bill for at least one or two of the three proposed fire hydrants, which Underhill proposed would come from the commission’s budget. The Annie Maxim House is funding the engineering and the construction.

Underhill and two other Water Commission members that night requested that the selectmen simply review the agreement, and Underhill gave some updated information such as a requested change in the size of the pipe from a 6- to 8-inch pipe to a 12-inch pipe.

“We think it’s a good thing for the town,” said Underhill. “It is bringing some more water in the town. It will help with fire protection in that end of the town.”

There are no serious requirements the Town needs to fulfill, Underhill emphasized, and with the larger pipe size, the Town of Rochester could possibly extend the line in the future to accommodate more municipal water needs.

“It’s been a long process,” said Underhill. ”We’ve been on this five or six years I think.”

Hartley said he thinks the project would be good for the Town, but he had reservations on moving forward with the agreement as presented that night because the matter hadn’t been discussed in at least nine months. He felt some residents might read about the agreement and have questions. Hartley preferred to allow residents to contact Town Hall to review the agreement before taking any further action, to which Underhill said, “At this point, it’s not a problem.”

The next meeting of the Rochester Board of Selectmen is scheduled for February 5 at 7:00 pm at the Rochester Town Hall.

Rochester Board of Selectmen

By Jean Perry

There are few buildings in the waterfront village neighborhood of Mattapoisett more iconic to the town’s past than the General Store situated at 10 Water Street. Although it cannot boast to be the oldest, the image of the structure has appeared in photographs from several centuries. But everything must change, even old buildings. Thus, as the needs of the current owners, Chris Demakis and Vince Cragin, have changed, they proposed changes to make the building better for modern living and commerce.

Seeking a Special Permit during the January 18 meeting of the Mattapoisett Zoning Board of Appeals, Demakis described their plans.

Stairs leading from the first floor to the second floor residential space are very steep, nearly ladder-like, Demakis said. He said their dog and visitors of all ages are finding the 11-inch spacing between the risers hard to scale. With this in mind, and a growing need for a bit more floor space in the first floor retail area, they requested a Special Permit. The permit would allow for a two-story addition measuring 10.6 feet by 16 feet on the eastside of the current structure.

“We’ll use the additional floor space in the store for coolers,” Demakis said, adding that those would be used for beer and wine products.

Demakis said that if the permit were approved, construction would take place during March at which time the store would be closed for the renovations.

Noting the fine job the partners have done on the building during their years of ownership, the ZBA members unanimously granted the request.

Also seeking a Special Permit for the construction of a new home located at 16 Cove Street was Donna McCaffery, represented by engineer Rich Charon.

Charon gave the ZBA members a history lesson on the vacant lot, explaining its complicated past from being part of a singular large parcel in the 1800s to becoming an unbuildable lot prior to public sewer extension into the beach community, and then to a buildable lot if older set-backs (those prior to 1973) were recognized by the ZBA now.

Charon said that through his research he was unable to find any time when the lot had been joined to another one situated across Cove Street, although the two lots had shared a common lot line.

Charon explained that in the 1920s a public right of way that still exists today was established; thus, the two lots – the leading characters in the deed story – could not be joined to make one larger lot.

McCaffery’s aunt had given her the lot in question and the other lot went to McCaffery’s cousin. Now with the availability of sewer, McCaffery sought to have the pre-1973 setbacks approved and build a new single family.

Charon said that the Conservation Commission had issued an Order of Conditions and that the Board of Health would allow the sewer tie-in upon approval of the Special Permit.

The ZBA members saw no problem with the project as presented, granting McCaffery a Special Permit.

The next meeting of the Mattapoisett Zoning Board of Appeals will be scheduled for February 15 at 6:00 pm in the town hall conference room if there are cases to be heard.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

A very brief meeting of the Mattapoisett Board of Selectmen was held on Monday, January 22 to review and sign the articles for the upcoming Special Town Meeting – a meeting that will ask voters to put a temporary hold on recreational and medical marijuana sales in the seaside community.

With the fast approaching April 1 launch date of state rules and regulations governing the sale of marijuana, cities and towns have been hustling to impose temporary moratoriums in an effort to slow outright implementation and research options for establishing local bylaws.

Planning Board public meetings were held and the public – both pro- and anti-recreational and medical use of the plant – found the majority in favor of a temporary moratorium.

Now the Planning Board is moving forward with a public meeting to be held on Monday, February 5, at 7:00 pm at Old Hammondtown School. At that time, the public is invited to review the warrant articles being proposed by the Planning Board.

The Special Town Meeting Warrant Article 1 asks voters to place a temporary moratorium on recreational marijuana establishments. The moratorium article covers “…cultivation, processing, distribution, possession and use of marijuana for recreational purposes.…”

Article 2 covers medical marijuana treatment centers and also asks voters to approve a moratorium. This, too, covers cultivation, possessing of food, oils, and similar ingested or applied products. Section 12.3 reads “…the town hereby adopts a temporary moratorium on the use of land or structures for Medical Marijuana Treatment Centers.”

“We’re bringing back Attorney Katherine Laughman to answer any questions voters may have, especially concerning Article 2, medical marijuana sales,” said Town Administrator Michael Gagne.

Gagne said that the Planning Board confirmed that coverage of that aspect of marijuana issue was not fully vetted during previously held public meetings.

With that in mind, Laughman and Planning Board Administrator Mary Crain will respond to any questions.

The moratoria, if accepted at the Special Town Meeting and approved by the Attorney General, would remain in place until December 31, 2018.

A two-thirds vote is required for approval of the new temporary bylaws.

The Special Town Meeting is scheduled for February 12 at 6:30 pm at Old Rochester Regional High School’s auditorium. The warrant is available in hardcopy at Town Hall and is viewable and downloadable from the Town’s website, www.mattapoisett.net.

Also during the meeting, the selectmen were advised by Gagne that the state would be providing some sewer rate relief funding.

Gagne also presented the selectmen for their signatures two PILOT (payment in lieu of taxes) programs for solar arrays constructed off of Crystal Spring Road.

The next meeting of the Mattapoisett Board of Selectmen is scheduled for Tuesday, February 13 at 6:30 pm in the Town Hall conference room.

Mattapoisett Board of Selectmen

By Marilou Newell