It was late in the meeting when Michelle Kirby rose to address the commissioners during the October 2 meeting of the Rochester Conservation Commission. Kirby is the newly-appointed president of the newly-organized Snow’s Pond Association whose goal is the preservation and protection of the historic fresh water kettle pond.

Kirby explained that in recent years the pond has gone from “crystal clear” to a host for invasive plant species such as myriophyllum, common name “milfoil,” and urticularia, common name “bladderwort.”

Giving a bit of historical perspective, Kirby said that there are 15 abutters along the pond’s shoreline, many who are family members of the Hartley Family Trust. In 1970, the residents of the area restricted the used of gas motors on the pond. All seemed well with the water remaining clear and clean. However, by the mid-1990s, new plant types began to appear in the pond.

In 1998, some of the private property owners brought their concerns to the Conservation Commission. Laurell Farinon, Rochester’s conservation agent, enlisted the assistance of a wetlands scientist who subsequently found three invasive plant types inhabiting the pond. The expert suggested methods for removing the plants that included the use of herbicides along with mechanical removal. But who would pay for that?

Farinon suggested to the concerned residents that they organize themselves, ensuring that all voices were heard and all the help that could possibly be garnered as a group could be achieved.

“Nothing happened,” Kirby replied.

Kirby continued, “Fifteen years later, another property owner brought in a scientist who found six invasive species, but didn’t think it required a management plan.”

Later that same year, Kirby said, the scientist reversed his thinking due to the abundance of plant growth. But, again, nothing happened.

“Now this summer was the worst I’ve ever seen,” Kirby lamented. Farinon’s assistance was one again asked. Farinon’s response: “You need a unified group.”

Kirby proudly announced the creation of the Snow’s Pond Association, a group of property owners with a common interest – preserving Snow’s Pond now and into the future.

Kirby said that they would be seeking professional services for the 2019 spring and summer growing season so that weed mapping can take place and management planning can begin.

“We wanted to put this in front of you,” said Kirby. “The pond is a great resource in Rochester worth protecting.”

Kirby said that, unlike neighboring states, Massachusetts does not have an invasive species program that mandates the cleaning of water vessels before entering fresh bodies of water, a practice used to help prevent cross contamination. And, while there isn’t any public access to Snow’s Pond, access by foot is available through property owned by the Wildlands Trust.

“As many as a thousand people enjoy the pond in the summer,” said Kirby.

“We should do everything we can to help you,” commission member Laurene Gerrior said, and the commission agreed to provide guidance and applauded Kirby’s efforts.

Farinon said she has been encouraging property owners with interest in the pond, a part of the Mattapoisett River Water Shed region, to join forces and that moving forward, “any plan will require permitting,” said Farinon. “We are all going to be learning together on this one.”

Earlier in the evening, Kirby and A. Hammerman, applicants for a Request for Determination of Applicability, received permission to remove three trees on their property located at 80 Snow’s Pond

Also coming before the commission was Nicholas Araujo with a RDA for property located on Old Schoolhouse Road. Araujo received a Negative determination of applicability for scraping and leveling an existing driveway and trimming overhanging vegetation.

At the beginning of the meeting, Chairman Michael Conway expressed his continued frustration with applicants who ask for repeated continuance.

A Notice of Intent hearing for REpurpose Properties was continued until October 16. Farinon once again said that there was movement on the proposed multi-unit 55+ residential project, but that pre-existing issues were still being worked through. She said that an old Order of Conditions required the clean up of fill on the site located adjacent to Plumb Corner, and that drainage from the retail complex also needed to be addressed. Farinon said she had been in contact with REpurposes’s attorney, and she remained confident all matters were well on their way to be finalized.

Also continued until October 16 was a NOI hearing for Borrego Solar Systems for wetlands delineation at property located at 75 Vaughan Hill Road, and CorGo LLC’s NOI hearing for the construction of a single-family house.

Conway insisted that applicants seeking a continuance do so in writing, not via e-mail, and that they specify the reason why the continuance is necessary.

The next meeting of the Rochester Conservation Commission is scheduled for October 16 at 7:00 pm in the town hall meeting room.

Rochester Conservation Commission

By Marilou Newell

The Marion Conservation Commission had a full agenda on September 26 with a number of applications mostly dispensed without much fanfare, with the exception of the application for razing a house off Converse Road.

Nick Dufresne of Farland Corp. presented the Notice of Intent on behalf of Mark Ross of 195c Converse Road. The proposal is to raze an existing house on the lot, which is located at the end of a right of way, and replace it with a new home.

Commission members visited the site to review the wetland line, which was delineated by Brandon Faneuf of Ecosystem Solutions in February. Conservation Commission Chairman Jeffrey Doubrava asked if there were soil logs to substantiate the wetland line, data which Dufresne did not have.

“To be quite honest, the line seems either incredibly optimistic or arbitrary to me,” said Doubrava. “I could not convince myself there was any difference between the land landward and seaward – I could argue [the line] was 20 yards landward of where it was supposed to be.” He stated that the line appeared to be the limit of mowing, which looks as though it has been mowed for many years.

Member Cynthia Callow supported this idea, saying, “The groundcover looks a lot like salt marsh … work has been done that should not have occurred.”

At issue further was the reconstruction of the home in the velocity zone. Doubrava informed Dufresne that there is a town bylaw that requires new construction to occur in the A zone, if possible. Dufresne countered that if the structure was to be built in the A zone then they could not abide by the setback requirements.

“I’m not an attorney, but that’s actually contemplated in the bylaw if you need a variance to build in the A zone,” said Doubrava.

Dufresne said that he had already received setback relief from the building commissioner for the front property lines and had not been told anything about this particular issue.

Callow expressed her concern that the commission cannot rule against an existing town bylaw, while ConCom member Shaun Walsh suggested Dufresne speak with the building commissioner again and ask for a written opinion about the bylaw in question.

In the meantime, the commission will meet with Faneuf regarding the wetland line at their next scheduled site inspection.

Also during the meeting, Alan Harris of the Sippican Lands Trust received a Negative Determination for his RDA application to maintain a portion of an existing stone walking path to Brainard Marsh. The proposal is to place woodchips over a 60-yard stretch of the path, and to clear the encroaching vegetation, including invasive species. Harris noted this is a temporary solution, and the Land Trust plans to put a boardwalk in the location in the future as funds allow.

In other matters, David Davignon, of N. Douglas Schneider & Associates, sent a letter to the commission regarding the request for a Certificate of Compliance for an Order of Conditions for Copper Medal LLC. The certificate was for the completed 4-foot by 303-foot Association pier at 125 and 129 Converse Road. Davignon stated in his letter that the pier was constructed substantially as shown on the plan of record; therefore, the commission granted the Certificate of Compliance.

Ed O’Connell, chairman of the Indian Cove Trust, presented a RDA for the mowing of a 6-foot wide walking path along Stoney Brook. The mowing has occurred for the last 35 years with no permit. Member Joel Hartley noted that the old permit allowed a 3-foot wide path, but 6 feet seemed reasonable considering the current concern about Lyme disease. O’Connell was granted a Negative determination.

James Miranda asked for permission to park and store equipment behind a building located at 133 Wareham Street. The commission had concerns about maintaining permanent markers for the location of the limit of activity on this site. A Negative determination was granted with the express condition that Miranda install and maintain a row of permanent metal stakes a minimum of 30 feet from the wetland line, 8 feet apart and 4 feet high, beyond which activity is prohibited.

Christine Blindt received a Negative determination for her proposed 14-foot by 19-foot sundeck at 2 Harnum Way.

Chairman of the Marion Open Space and Acquisition Commission John Rockwell presented the results of the 2017 Open Space survey.

The survey was sent to all registered voters in town and received a 46 percent response rate. He drew the commission’s attention particularly to question 14, which asks what type of open space and recreation is important, to which harbor water quality was the predominant response.

Rockwell noted that the Conservation Commission knows best that, “What happens on the land ends up in the water.” The two biggest pollutants Marion contends with in its harbor are bacteria and nitrogen.

The biggest problem facing Marion marine resources is pollution from run-off. Rockwell pointed out that the run-off from the commercial areas in Marion goes directly into the state stormwater system, which flows directly into the harbor without any treatment. He stated that pollution reduction is more effective at the source, rather than at the point of discharge.

Rockwell also expressed disappointment that the number of respondents supportive of a local wetland bylaw has declined, with an increased number of people who have no opinion on the matter. He stated that education can go a long way to make the connection between an individual’s behavior and water quality in the harbor.

The next meeting of the Marion Conservation Commission is scheduled for October 10 at 7:00 pm at the Marion Town House.

Marion Conservation Commission

By Sarah French Storer

The October 1 meeting of the Carver, Marion, Wareham Regional Refuse Disposal District Committee found the board still without a contract deal with Michele Bernier, the candidate the board selected as the new executive director of the regionalized trash district.

The position was left vacant in February 2018 after the board fired then executive director Ray Pickles and then charged him with fraud and embezzlement in a civil complaint.

Negotiations with Bernier began a month ago on August 29, and as of the first of October, there is no signed contract.

The board began its meeting on October 1 in executive session to discuss the negotiations with Bernier and then in open session gave almost no information on negotiation progress.

CMWRRDD Chairman Stephen Cushing representing Marion motioned that the board allow the three town administrators to proceed “in the way that we’ve instructed them to do.”

In a follow-up for clarification, Cushing confirmed that negotiations were still ongoing between the CMWRRDD and its first-choice candidate, Michele Bernier.

Marion Town Administrator Paul Dawson commented that he would know by the end of the next business day, Tuesday, October 2, whether Bernier accepts what might be the CMW’s final details of a contract proposal, or if the board will have to hold a special meeting on the position on that Thursday, October 4, at 5:00 pm at the Marion Police Station.

In a follow-up with Dawson Tuesday night, he stated that he had been in a meeting all afternoon, and had not spoken with the town administrators from Carver or Wareham; therefore, he did not know at that time whether Bernier had accepted an offer or not.

Bernier is currently the solid waste management director for the Town of North Attleboro. The board’s second choice was former executive secretary and DPW superintendent for the Town of Fairhaven, Jeffrey Osuch.

The next regular meeting of the Carver, Marion, Wareham Regional Refuse Disposal District Committee will be October 24 at 5:00 pm at the Marion Police Station.

Carver, Marion, Wareham Regional Refuse Disposal District Committee

By Jean Perry

Chase Canopy, represented by Robert Field of Field Engineering, Inc., has been before several Mattapoisett governing bodies, including the Planning Board and the Conservation Commission, over the last month or so.

The application presented before each board has been pretty straightforward; Chase Canopy is desirous of expanding their footprint at their current location on Route 6 in Mattapoisett.

The business has been renting storage space at a Fairhaven location for a number of years and seeks to consolidate their operation at the Mattapoisett site. In order to do so, their application calls for the construction of an 8,000 square-foot building, the removal of storage trailers currently on the site, and the subdivision of a residential building situated on the 2.2 acres that constitute the property.

Simple enough, but added to this equation is the fact that part of the acreage falls into the historical aquifer protection district, and that Mattapoisett Building Inspector Andy Bobola instructed the applicant that the residential structure would have to be subdivided from the commercial sector before a building permit could be considered.

With the clock ticking down on a December deadline for the business owners to apply for a federal small business loan program administered by the Commonwealth of Massachusetts, Field has been successful in gaining, at the very least, provisional acceptance of the project.

At the September 4 hearing of the Mattapoisett Conservation Commission, the commission scoped out the necessary Wetlands Protection Act conditions that the project, as presented, would be required to follow. They also agreed that decades of use and disturbances of the property rendered the area unfit for wildlife despite the bordering wetlands, but that a pending decision from the Massachusetts Natural Heritage & Endangered Species Program (MNHESP) required the application to be continued.

Fields asked for, and received, a letter for the Zoning Board of Appeals indicating that the project, as submitted, would be acceptable if MNHESP renders a Negative determination on wildlife impact. The ZBA hearing was continued.

At the September 17 meeting of the Planning Board, the decision was that once the project cleared the Conversation Commission, the project would receive a Form A Approval Not Required decision for the residential lot subdivision, and that the site plan, as submitted, would be permitted. Fields asked for, and received, a letter to take to the ZBA hearing demonstrating the viability of the project as submitted. The Planning Board hearing was continued.

But those letters meant little to one ZBA member on September 27 when Field once again outlined the project, this time seeking a Special Permit from the ZBA.

After Fields presented the scope of the plan, including where decisions by the Planning Board and Conservation Commission stood, longtime ZBA member Mary Ann Brogan asked of Fields, “Have they been approved?”

Chairman Susan Akin responded, “We can put that as a stipulation that they must be done with Natural Heritage and that the subdivision be complete.”

The letters from the other governing boards were reviewed, but Brogan said, “We can’t approve till it’s subdivided – it’s like a Catch 22.”

Fields then explained the interpretation received from Bobola (who was not present), saying, “There’s no mechanism that says you can’t record this.”

Akin again stated, “We can make that as a stipulation.”

But Brogan was not moved to agree, saying that with respect to the Conservation Commission, “I think they are very lax bringing it to us before they approved.” At one point, she said she didn’t care about the letters that had been submitted by the other boards.

Speaking on behalf of Chase Canopy, Ben Philbrook, an employee, indicated that time was of the essence with local jobs weighing in the balance.

ZBA member Tony Tranfaglia pointed out that, even if the ZBA granted the Special Permit with stipulations, if the MNHESP does not approve the project, then it could not move forward.

Ultimately, the application for a Special Permit was granted with stipulations with Brogan in agreement.

Also receiving a Special Permit was Polly Rousseau of 96 Mattapoisett Neck Road for the construction of an oversized garage that will not include any dwelling spaces. The project had already received approval from the Conservation Commission and the Board of Health, according to Field who represented the applicant.

The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for October 18 at 6:00 pm at the Mattapoisett Town Hall if there are hearings.

Mattapoisett Zoning Board of Appeals

By Marilou Newell