ATVs Leave Muddy Mess at Washburn Park

The grounds at Washburn Park in Marion have seen better days.

The recreational park where many come to play fetch with their dogs, attend horse shows, and play sports has been torn up by ATV tires that left a path of destruction in the form of long and deep tire ruts crisscrossing the fields and mounds of mud and sod that have been further exacerbated by the heavy rainfall and rapid snow melt.

Charles R. Washburn Memorial Trust President Wayne Mattson, during a telephone interview, said on Friday that the problem began about a month ago when tires ruts were first discovered at the lower field by the smaller horse ring.

“And the next thing we know, people are going through with quads, and just basically turning anywhere they want, riding across the ground any place they felt like,” said Mattson.

When Mattson brought the incident to the attention of the Marion Police Department, he was told that the police were aware of the situation and had an idea of who the offending suspects were, “But that’s all they could say,” Mattson said.

Now the grounds have been damaged even further when after the recent post-New Year’s snowstorm, the grounds were torn up even more severely.

“Sue, my wife, she went into tears when she saw it,” said Mattson, who commented that the photos he shared on the Charles R. Washburn Memorial Trust Facebook page aren’t even as upsetting as seeing it with one’s own eyes.

Some Facebook users commented that they had seen “older kids” riding dirt bikes and ATVs at Washburn Park recently, with one suggesting the offenders must live nearby the park.

Mattson suggested there are four offenders who are “rampaging” the park riding their all-terrain vehicles onto the property via the surrounding trails – but he is intent on catching them and, at the very least, deterring them from doing it again.

The Sippican Lands Trust has had ongoing issues with ATVs on its properties as well, says Jim Bride, executive director of the SLT.

ATV use on SLT land is prohibited.

“It is an ongoing challenge to deal with ATV use on our properties,” said Bride during a phone interview on Tuesday. He said the Town of Marion as well has had some trouble with damage caused by ATVs. “We work with the environmental police and the Marion Police to address the issues.”

Mattson said the trust has ordered signage and surveillance cameras to be installed at the park, paid for by the trust’s already very limited budget that is funded only by donations and rental fees for car shows and horse shows.

“This year, we’ve been trying to go for [Community Preservation Coalition] funds for more improvements, more fences,” said Mattson, “then we have somebody come along and do this.”

Mattson said the Town of Marion has been gracious by allowing the Department of Public Works to mow the grass at Washburn Park, “But I’m not so sure they’re going to be as gracious doing lawn repairs.”

With the limited funding that the nonprofit manages to raise, Mattson said, “We have better things to do with our money than to repair fields that irresponsible people keep ruining,” such as utility bills plus liability insurance, just to name a few.

Mattson has been the trust’s president for five years. The trust was formed back in 1955 with six founding members, but after some time interest in the trust dwindled, as did the work. The trust eventually reorganized and was granted official 501(c)(3) status as a nonprofit organization.

“Our whole goal now is to put life back into [Washburn Park],” said Mattson.

If you’d like to make a donation to help fund the efforts to repair the grounds at Washburn Park, you can mail a check to P.O. Box 281, Marion, MA, 02738. In return you will receive a letter of donation for tax purposes.

By Jean Perry

Rochester Country Fair Volunteers

The Rochester Country Fair is actively looking for volunteers to fill in many small and leadership positions for the 2018 country fair. The Fair is managed by an all-volunteer staff that comes from a variety of backgrounds and talents, each contributing their skills and time to provide a safe, family-friendly event that brings many smiles to all and lasting memories. Volunteers who have served the fair – some for a few years, others for many – like time have moved on, and we are forever grateful for their priceless service and time provided, but their absence leaves a void to fill. This is where you come in. An opportunity to join a dedicated team of volunteers at this year’s country fair is waiting for you! Here is the list of positions that we need to fill:

– Children’s events coordinators and support staff. If you love children and are creative, individuals are needed to organize and facilitate children’s events over the course of the fair. We have several props from past events available and welcome new ideas.

– Several administrative positions requiring good organizational, communication, and Microsoft skills are as follows: coordination of insurance certificates, donation and sponsorship letters, coordination of fundraisers, press releases, scholarships, facilitation of the RCF brochure, and general advertising and planning. Help of any kind is always welcome.

The Rochester Country Fair is a family-friendly agricultural fair held each year in August, but without the available positions filled, the fate of the country fair is in jeopardy. An opportunity to be part of the Rochester Country Fair team and creating long-lasting family memories, right here in your own backyard, is waiting for you! Interested? Then contact us at rochestercountryfair@comcast.net. We look forward to hearing from you.

Rochester Council On Aging

The Rochester Council on Aging announces the following upcoming meetings:

Bonjour! Conversational French I & II will meet Friday, January 19 from 9:30 – 11:30 am.

The following events will occur on Wednesday, January 24: FRIENDS meeting at 10:00 am; Blood pressure clinic at 10:30 am; Tax appointments from 9:00 am – noon; and Senator’s Office Hours from noon to 2:00 pm.

Interim Director to Remain at COA

It was unanimous – the Marion Board of Selectmen thinks Karen Gregory, interim director at the Marion Council on Aging, is the perfect candidate for the permanent position of COA director and hired her for the position on January 8 during a special meeting.

“I want to personally thank you on behalf of the town for doing a great job stepping up,” said Selectmen Chairman Jody Dickerson. “You haven’t missed a beat, and you’ve done a great job.”

Gregory accepted the temporary position of interim COA director upon the resignation of former COA Director Heather Sylvia back in October after nearly two years as director.

Gregory had already been employed by the Marion Council on Aging for three years assisting with program development, after having had experience as assistant of programming in a senior assisted living facility, and then later as the COA director in the Town of Carver for five years.

“I’ve been with Marion going on three years, and I have enjoyed my time here,” said Gregory. She assisted in developing the senior programming at the Marion Music Hall before the opening of the senior/community center last summer. Some of the programs she helped establish include the Memory Café, “…Which has been very successful and has meant a lot to us,” said Gregory, who is pleased that the programs she helped create have led to participants forming new friendships outside the center and in the community.

Gregory’s background was in marketing, but she lost interest in her corporate career and found fulfillment working with seniors, bringing with her relevant experience in management and also budgeting, which Gregory just tackled for the first time as interim COA director heading into fiscal year 2019.

Selectman Steve Gonsalves said he has heard nothing but praise for Gregory from the community.

“It’s obvious that you have a love and passion for this,” said Gonsalves.

Gregory said her vision for the Marion COA and the senior/community center is further expansion into evening and weekend programming, and to also reach out to younger seniors in the community to join in COA events.

Gregory says seniors should feel comfortable approaching her for assistance.

“I don’t judge,” she said. “I’m just there to listen. They know that they can get the answers that they need, and if I don’t have them, then I will go get them for them.”

The new COA director also envisions uniting the young and old in activities that will facilitate intergenerational interaction, such as seniors reading to students at schools among other special events.

Communication being a vital aspect to the job, Selectman Norm Hills asked Gregory, in this day and age of technology, what has she found to be the most effective way to maintain communication with seniors who may be unfamiliar with email and the Internet.

“They still love to get the newsletter mailed to them,” said Gregory, and there is nothing like the traditional phone call to contact her clients.

The Facebook page for the Marion COA is still vital, said Gregory, although most of the seniors do not engage in social media. It serves to keep family members of seniors at the center, both near and far, aware of what is happening at the COA.

Some of the challenges Gregory will face on behalf of the COA, she said, include minimal staffing and a tight budget, which require a creative approach to funding and facilitating new programs. And some of the seniors in town aren’t as advantaged as one might think in a town like Marion, Gregory said, and face financial challenges and need resources.

Expanding transportation is essential, said Gregory, but currently senior transportation is running smoothly, with two full-time drivers and one part-time driver and employee of the Recreation Department. However, in order to expand programming into evenings and weekends, more hours for drivers are needed.

The majority of seniors served by the COA are female, said Gregory, and she hopes to reach out to the male seniors in the community by offering programs such as “Coffee with the Chief” and Ping-Pong lessons, and informing them of other amenities offered at the center like the pool table. Another idea was a regularly scheduled dinner for veterans.

“Very impressive,” Gonsalves said to Gregory as the interview concluded.

But if we could just do something about the food…

Gregory acknowledged that the current food provider has not been as palatable to people as one would hope, but as the contract nears its end, the COA will explore its options and switch food service providers if necessary.

Gregory was singled out as one of two final candidates for the position. The other finalist withdrew her application only just recently, however, so Gregory was the only candidate interviewed on Monday.

After the interview, Dickerson turned to the two other selectmen and asked, “Do we want to look for other candidates?”

“No,” Gonsalves promptly stated.

“I personally think Karen would be a great candidate,” said Town Administrator Paul Dawson. “She’s done an outstanding job … [The seniors] love her.”

Well, that settles it, said Dickerson, lest the seniors march into Town Hall wielding canes.

Gregory will be officially hired pending contract negotiations.

The next regular meeting of the Marion Board is scheduled for January 16 at 7:00 pm at the Marion Town House.

Marion Board of Selectmen

By Jean Perry

 

Mandatory Hook-up Not in Writing

The Marion Planning Board meeting on Monday, January 8, proved consequential in clarifying Town policy on the question of mandatory municipal water hook-up.

The issue of whether the applicants, Tad Wallenhaupt and Alexander Urquhart, at 111 Wareham Street were required to hook up to town water, despite there being a well on their property, had been raised at a previous Planning Board meeting by David Davignon of N. Douglas Schneider and Associates, the applicants’ representative.

Board member Norman Hills, who is also a selectman and therefore a water commissioner, researched the question and presented his findings at the meeting.

After consulting with a number of town officials, Hills discovered that while it was “common practice” for all businesses and residents to hook up to town water, it was not documented as written policy.

In the special conditions listed in the draft permit for the Wareham Street application, the Planning Board was requiring the applicant to provide adequate potable water to the site, describing the water pipe size and flow volume. Board member Chris Collings took issue with these details, suggesting that it was the board’s responsibility to require the applicant to abide by all town policies and regulations, but that it was redundant to specify how the applicant must fulfill the requirement of water supply.

“We want him to have adequate potable water … but it is the decision of the water commissioners and the building commissioner to determine what an adequate water supply is,” said Collings.

Hills was adamant that the applicant must hook up to town water, noting that only in extreme cases – “…which this is not one,” Hills stated – an exception should be made for the requirement.

Hills’ research exposed a hole in Town policy, which prompted Planning Board Chairman Eileen Marum to suggest the issue go before the By-Law Codification Committee in order to close this loophole.

In the meantime, the board voted to approve the current application for 111 Wareham Street with two special conditions: the applicant must provide a “Trucks Entering” warning sign to face westbound traffic on Route 6, the location of which must be approved by town police, DPW, and the Massachusetts Department of Transportation; and the applicant shall provide an adequate supply of potable water in accordance with the policies of the Town of Marion and the Commonwealth of Massachusetts.

Hills was the only dissenting vote.

Also during the meeting, the board held a public hearing on the Complete Streets Policy presented by board member Jennifer Francis.

The policy was drafted by the Transportation and Circulation Task Force, a subcommittee of the Planning Board, in collaboration with Town Planner Gil Hilario.

While the policy does not require the Town to do anything, it signals to the State that the Town will adhere to MassDOT guidelines when planning any road projects and allows the Town to apply for grant funding through the program.

Francis was quick to point out that the policy only applies to local roads, not to any projects pertaining to Route 6, which is a state road.

Hilario noted that there are currently 179 municipalities participating in the program, which requires towns to promote pedestrian-friendly design in their roadway planning.

Marum congratulated Francis on the policy, saying, “This shows that Marion is serious about having the roads available to everyone.”

While the Planning Board is not required to approve the policy, Francis felt it was important that the board weigh in on it and indicate its support. At the suggestion of Vice Chairman Stephen Kokkins, the board voted to recommend that the Board of Selectmen approve this policy.

There will be a public hearing on January 22 regarding the possible moratorium on marijuana sales proposed by the Planning Board for a special town meeting in February. Marum indicated that, with the state Cannabis Control Board issuing its guidelines in mid-March and accepting applications for licenses on April 1, she felt the Town did not have adequate time to develop its own bylaws for regulating recreational marijuana, also known as adult use of marijuana.

By implementing a moratorium until December 31, 2018, the Town would have time to develop a bylaw and bring it to Town Meeting in the fall.

Hilario stated that currently, if a town does not pass a moratorium and does not have a bylaw in place, the Cannabis Control Commission, in reviewing applications, would consider the application as a Similar Use proposal.

In Marion’s case, an application would be considered as a General Business proposal.

Collings expressed concern that completing a bylaw this year adds considerable work for the board and wondered aloud if the Medical Marijuana bylaw would suffice in the short term.

Board member Will Saltonstall thought Collings’ concept was interesting, but held inherent risk, and Saltonstall made the case that there was little harm in putting the moratorium in place.

In other matters, Hilario reported that another multi-board meeting would be scheduled to discuss the proposed zoning change for Spring Street. Kokkins noted that the discussion at the previous meeting was quite animated surrounding the question of whether the proposed development at Spring Street would follow town Bylaw 8.12 with regard to mandatory inclusion of affordable housing units.

Hilario indicated that the intent was to follow the existing bylaw, but did not rule out the possibility of modifying it in the future, adding that “Only recently was there any discussion or interest in modifying [Bylaw 8.12]. Change must be very measured.”

Kokkins added, “Voters are not going to be asked to change a zoning bylaw, to my knowledge.”

The next meeting of the Marion Planning Board is scheduled for January 22 at 7:00 pm at the Marion Town House.

Marion Planning Board

By Sarah French Storer

 

Buzzards Bay Swim

Twenty-five years ago, a visionary group of local residents had a big idea: to swim 1.2 miles across outer New Bedford Harbor to raise awareness and funds for clean water in Buzzards Bay. That year, 17 swimmers raised $2,000 at the very first Buzzards Bay Swim, hosted by the Buzzards Bay Coalition.

Pembroke resident and New Bedford native Dan Vasconcellos was one of those first swimmers. Back then, he remembers, the water in the outer harbor wasn’t as clear as it is today. “You might have been able to see your hand in front of you. Now, the conditions are unbelievable.”

Since that first Buzzards Bay Swim in 1994, the event has grown to attract more than 300 swimmers from communities across New England and beyond to the shores of New Bedford and Fairhaven each June. This year, you can be part of the Swim’s storied history by signing up for the 25th Buzzards Bay Swim on Saturday, June 30 at www.savebuzzardsbay.org/swim.

“The fight for clean water is a gradual, powerful movement that builds over decades, punctuated by extraordinary opportunities like this one: to swim with over 300 like-minded people who believe in the same cause,” said Coalition President Mark Rasmussen, who will complete his fifth Swim in June. “This anniversary gives us a chance to celebrate how far Buzzards Bay has come while recommitting to finishing the job together.”

The Swim is an exciting outdoor experience that welcomes swimmers of all abilities and fitness levels ages 11 and up. Swimmers complete a scenic 1.2-mile point-to-point open-water course from New Bedford’s South End, past the iconic Butler Flats Lighthouse and New Bedford Hurricane Barrier. First-time and beginner swimmers can swim with a personal kayak or paddleboard escort for safety.

At the celebratory finish line at Fort Phoenix State Reservation in Fairhaven, swimmers and their guests are welcomed with a beach party featuring a live steel drum band, pancakes cooked to order, gourmet coffee, free massages, local craft beer and awards and prizes.

Local swim coach Brett Pacheco has completed the Swim 10 times. “As a lifelong New Bedford resident, being able to swim in the water here on a yearly basis is fantastic,” he said. “To see the Swim grow from 50 or 60 people to over 300 people every year is amazing. It’s a pleasure to be a part of, and I would encourage other people to give it a try!”

Last year, swimmers raised $135,000 for clean water in Buzzards Bay. For the 25th anniversary Swim, the bar is set higher than ever: swimmers will work to raise $150,000, which will earn the Coalition a $50,000 matching grant from the Fish Family Foundation. All funds raised support the Coalition’s work to restore and protect the Bay from threats such as nitrogen pollution, oil spills and disappearing forests, streams and wetlands.

Don’t miss your chance to swim for clean water at the 25th anniversary Buzzards Bay Swim on Saturday, June 30. Sign up today at www.savebuzzardsbay.org/swim.

 

Mid-Winter Owl Prowl

Are you fascinated by owls? Do you enjoy a good old-fashioned New England winter morning, especially before sunrise? If so, join Lloyd Center Research Associate Jamie Bogart on this outing scheduled during hours of peak owl activity. Owls are mysterious and fascinating creatures that become more vocal as they establish nesting territories across an otherwise quiet winter landscape. Screech, great horned, and barred owls are all resident species possibly encountered in the woods of Dartmouth.

Using the Lloyd Center property and other local stops, participants will venture onto woodland trails in an attempt to attract, hear, and see owls. At sunrise, you’ll enjoy an invigorating walk along a pristine coastal beach in search of other winter birds such as waterfowl, raptors, and with luck, a wandering snowy owl.

Back at the Lloyd Center, warm up with some coffee and enjoy an encounter with Koko, the Lloyd Center’s resident screech owl. Since seeing a wild owl is never a guarantee, this is an added bonus.

Participants should bring (if available) binoculars, camera, and flashlight, and wear footwear for light walking on forest trails, and possibly snow. (Note: stormy weather or excessively windy conditions will cause postponement).

Led by Jamie Bogart, the Mid-Winter Owl Prowl will take place on Sunday, February 11 from 3:30 – 8:00 am (willingness to carpool if needed much appreciated). Inclement weather date is Sunday, February 18. Participants will meet in the lower parking lot of the Lloyd Center for the Environment’s Hardscrabble Nature Preserve located at 430 Potomska Road in Dartmouth. This event is $15 for Lloyd Center members and $19 for non-members.

Pre-registration for the Mid-Winter Owl Prowl is required by Friday, February 9 at 4:00 pm. Space is limited to 20 participants. This event is suitable for ages 15 and older. If you have any questions about the event, please contact Jamie Bogart at 508-990-0505 ext. 23 or jamie@lloydcenter.org.

Uncertain Future for Rochester Country Fair

If you love the Rochester Country Fair, then it’s time to answer the call to volunteer to ensure there actually is a Country Fair this year.

During a discussion with the Rochester Board of Selectmen on January 8, Country Fair Board of Directors and Country Fair Committee member Kelly Morgado said, in light of a slew of committee resignations and a lack of volunteers, the future of the Country Fair is uncertain.

Not good for annual fairgoers.

Morgado said the Country Fair Committee desperately needs new members and volunteers, especially to help coordinate and facilitate children’s events this year.

“We need a lot of help,” Morgado said. “The outlook for the fair right now is very dismal. I’m not sure what, if anything, we’ll be able to do this year.”

Morgado said a social media campaign calling for volunteers turned up one person interested in helping out – many more are still needed.

As for the minor changes to the fairgrounds the selectmen approved, some fence maintenance will be performed, as well as the replacement of some rotten posts. Some vandalism from the fall will be fixed, and the food booth will receive some much-needed electrical upgrades. Furthermore, a structure known as the “cat house” near the Pine Street entrance will be moved to Gate C near the field, and the current small building at Gate C will be placed in the rear of the fairgrounds for storage.

“No additions, just rearrangement? Sounds good,” said Selectman Greenwood Hartley.

The motion to approve the work passed.

On the light side of the news, Rochester’s oldest resident, Marion (Henrique) Thomas, turned 101 on December 21. Thomas is the current holder of the Boston Post Cane.

In other matters, Town Administrator Suzanne Szyndlar acknowledged the Rochester emergency response employees and the Highway Department employees who worked throughout the recent storm, and she thanked them for a job well done.

“Having gone through other towns, they did a fabulous job,” said Chairman Brad Morse.

Nomination papers are now available to residents who wish to run for office for the 2018 Annual Election. The deadline to pull papers and return them to the Town Clerk’s Office is February 21. The last day to register to vote in time for the April 11 election is March 22.

As per the request of Selectman Hartley, the board will seek to reactivate a Capital Planning Committee and actively solicit members. Selectman Naida Parker said Town Meeting had adopted a bylaw to allow for such a committee, but it resulted in no interest by the public to serve on the committee.

The next meeting of the Rochester Board of Selectmen will be January 22 at 7:00 pm at the Rochester Town Hall.

Rochester Board of Selectmen

By Jean Perry

 

Guided Mindfulness Walk

Enjoy the peace and beauty of nature with Jessica Webb and the Buzzards Bay Coalition during a mindfulness walk at Lionberger Woods (75 Haskell Ridge Road, Rochester) on Saturday, January 20 at 11:00 am. Through guided mindfulness meditation, participants will experience the outdoors with their senses wide open.

All fitness levels are welcome on this free, one-hour walk. The walk will be conducted at a deliberately slow and mindful pace in social silence without digital devices. Please wear appropriate footwear and layers to ensure you are comfortable during the walk.

Pre-registration is required. To RSVP, visit www.savebuzzardsbay.org/events/mindfulness-walk-lionberger-woods-jan-20-2018/ or contact the Buzzards Bay Coalition at 508-999-6363 ext. 219 or bayadventures@savebuzzardsbay.org.

This walk is part of a monthly Mindfulness Walk. The next Mindfulness Walk will take place on Saturday, February 17 at Hagemann Woods in Marion.

This event is part of Discover Buzzards Bay, an initiative to help people across the Buzzards Bay region find unique and exciting ways to explore the outdoors, get some exercise and connect with nature. Local residents can use Discover Buzzards Bay to get outside and discover woods, wetlands and waterways from Fall River to Falmouth. To learn more, visit savebuzzardsbay.org/discover.

Wellspring Farm Promises to Self-Police

Noise complaints brought to the attention of the Rochester Planning Board were addressed on January 9, with the board content to allow Wellspring Farm owners Holly and James Vogel to “self-police” by monitoring cars that enter the property for long-term idling, the basis for part of the complaints lodged by an abutter about noise emitted from the hippotherapy center.

Attorney for the Vogels, George Boerger, disputed the allegations that the idling of cars, which is prohibited in the Order of Conditions, would exceed a Massachusetts regulation on maximum noise levels, as abutter Cathy Mendoza alleges.

Citing a letter from an experienced sound specialist, Boerger stated that in the 30 years this specialist had been in the field, he never once heard of a noise complaint surrounding idling cars exceeding the noise limit. Even with seven cars idling at the same time, Boerger said, “That wouldn’t be a violation of the state regulation.”

Referring to another allegation of noise violations, that of therapists and clients conversing loudly, “Conservations between individuals is not a violation,” Boerger said.

“It’s people riding horses and people talking,” said Boerger.

Having acknowledged the complaints, however, Boerger said the Vogels have been trying hard to comply with the state’s noise regulation, as stipulated in the Order of Conditions issued by the Planning Board, by handing out letters to clients about idling vehicles and by providing a heated building for drivers and parents to utilize while they wait for clients’ 45-minutes sessions to finish, to mitigate the need to idle.

Two more “No Idling” signs have also been ordered, Boerger said, despite the state’s regulation permitting idling for the use of a heater, according to Boerger.

But Planning Board member Ben Bailey contested Boerger’s assertion that cars could idle in order to utilize the heater. He said he had the regulation in front of him on his iPad and that the regulation specifically stated that idling for heater use was not an exception.*

“Given the sensitivity to the area,” said Planning Board Chairman Arnie Johnson, “no matter what the regulations are, a little bit of self policing,” he continued, goes a long way. “You know when the people generally come in to pick up their kids,” said Johnson, adding that employees should approach anyone in the lot appearing to idle, “Because this is impacting you.”

Bailey repeatedly referred to a “bag of apples” analogy he used to suggest the Vogels “open up the bag” and “count the apples,” symbolizing how they should fund their own noise study to prove their innocence, while attorneys would prefer to argue over “how many apples are in the bag.”

Boerger argued that funding a noise study simply to prove the allegations are false was “unreasonable.”

“We’ve done everything that you’ve asked us to do and we’ve exceeded that,” said James Vogel. “We will not guarantee that it’s going to be excellent and perfect. We guarantee that we will do the best that we can … that we will follow what you’re saying.”

Town Planner Steve Starrett said he located the Town’s sound meter and went to the Hiller Road facility to take some sound samples.

“I’m not an expert, I’ve just done some random tests,” said Starrett, adding that he consulted with the DEP over how to take samples and other pertinent details. What he found, he said, was that sound levels at Wellspring were in general no different than any residence.

The sound of the wind through the pine trees, he said, was enough to raise decibel levels 25 dB above ambient sound.

Over at Rochester Crossroads, Starrett said, he took sound samples of seven cars idling in a parking lot and recorded 52 dBs. “That’s only ten or twelve above ambient. You’re not talking huge numbers there.”

Vogel asked the board to finally close the matter, and Johnson seemed satisfied enough to allow the Vogels to go about their business while being vigilant of idling cars in the parking lot.

“We’ll continue to monitor, but for now it seems we’ll be satisfied with that,” said Johnson.

Also during the meeting, the board threw some shade at solar developer Clean Energy Collective, developers of a community solar energy facility approved and under construction off Mattapoisett Road.

In an attempt to not be like “one of those” solar farms in town that have violated Planning Board conditions, Clean Energy Collective representatives wanted the board to know that some elevation numbers were inaccurate, and the developer wanted permission to either build a screening berm higher to screen the panels of one section more effectively, or to allow for more intense blasting in order to bring the elevations into compliance with the plan of record.

Not okay, the board agreed. It’s not that simple.

During grading operations, workers discovered that an area of rock ledge was too hard and dense to continue to drill and would require blasting above and beyond what the Planning Board had approved.

The Historical Commission’s concern now is that the historical landmark “Devil’s Footprint” rock located at the site would be damaged with further blasting. The Order of Conditions mandated that best practices be followed to avoid damaging the rock.

However, if the incorrectly noted elevations were allowed to stand, and a berm height increase allowed, stormwater management systems would be affected.

Clean Energy Collective representatives believed both options to be minor changes to the plan, but the board disagreed.

After about an hour-long discussion, Planning Board member Chris Silveira’s suggestion that the developer explore another option of drilling deeper into the rock to see if it can then be hammered down looked like an attractive alternative to Clean Energy reps, given the strict deadlines for solar applications in Massachusetts.

A Cease and Desist Order that was issued to the developer will stand, but will allow for the continuation of drilling and hammering of the ledge rock; meanwhile, the developer will submit a parallel request to the Planning Board to re-open the public hearing, a more lengthy process, just in case the drilling and hammering does not pan out.

And as for the Devil’s Footprint rock, Johnson cautioned the developer, “It’s like the ‘Old Man in the Mountain.’ Once it’s gone, it’s gone.”

The matter was continued.

In other matters, the Special Permit public hearing for a large-scale solar farm at 453 Rounseville Road was continued for one more meeting to allow for some final details to be addressed. The board issued its totals for a number of bonds and allowed abutters to ask questions about concerns on wells.

The Special Permit for a Back Lot filed by Madeleine Monteiro for 0 Walnut Plain Road was continued until January 23 at the applicant’s request. The proposed back lot would be located in Rochester, but accessed via an entrance located in Middleboro. The applicant may withdraw its application without prejudice should the Rochester building commissioner decide to issue a building permit based on review of Middleboro’s approved plan.

The next meeting of the Rochester Planning Board is scheduled for January 23 at 7:00 pm at the Rochester Town Hall.

*A review of the Commonwealth of Massachusetts’ Title XIV Chapter 90 Section 16A does not reveal any direct reference to the use of words involving “heat” or “heater”, nor does it authorize idling for the use of heat; Section 16B does reference “heating” pertaining to school vehicles on school property, allowing for some prolonged idling of school vehicles to operate heating “to ensure the health or safety of a driver or passengers…” on public or private accredited schools.

Rochester Planning Board

By Jean Perry