Uncertainty over the impact of a newly approved Massachusetts housing bill sparked Rochester’s Zoning Board of Appeals on August 8 to continue until September its Use Variance hearing for a plan to construct a second-story accessory building above an attached garage at 343 Neck Road.

            The applicant’s engineering consultant, Michael McVeigh, referenced the Affordable Homes Act signed into law by Governor Maura Healey on August 6 as he began his presentation, saying its regulations may negate the need for the variance being requested.

            The provision of the bill he noted states that no zoning ordinance or bylaw shall prohibit or unreasonably restrict or require special permitting for “the use of land or structure for a single accessory dwelling unit or the rental thereof in a single-family residential zoning district.”

            ZBA Chairman David Arancio responded that the ink was not yet dry on this piece of legislation and that Rochester’s Town Counsel as well as legal counsels across the commonwealth have not had the chance to review and comment on the new law.

            “You might want to ask for a continuance,” Arancio said.

            McVeigh nonetheless chose to complete his presentation. On a 4.6-acre parcel with a substantial amount of wetlands, the applicant, Daniel J. Vareika, has knocked down a garage for a plan to rebuild it into a housing unit where he can live while he works on renovating his home, McVeigh explained.

            “He’s using every bit of his time to improve his property,” he said.

            ZBA member Richard Cutler asked why he wasn’t just building an addition to his house for the purpose. Vareika said his home is too close to his neighbor’s property line. Arancio asked how the topography, the sloping wetlands, should be considered by the board to be a hardship justifying the Use Variance requested.

            Cutler added this petition is bad timing in another way. The chair of Rochester’s Zoning Bylaw Review Committee said its members are hoping to make use variances “go away” from town regulations and to also make accessory units permitted by right.

            Finally seeing the need to do so, McVeigh requested the suggested continuance. The board granted it, rescheduling the public hearing for its September 12 meeting.

            In other action, the board accepted a request to withdraw without prejudice the Use Variance application for a plan to allow an accessory dwelling, an in-law apartment, above the attached garage of a home at 48 Pierce Street.

            The Rochester Zoning Board of Appeals’ next regular meeting will be held on Thursday, August 22, at 7:15 pm at Town Hall, 1 Constitution Way.

Rochester Zoning Board of Appeals

By Michael J. DeCicco

            Tata & Howard engineer Jon Gregory and Mattapoisett Water Treatment Plant manager Henri Renauld held a recent call with Massachusetts Department of Environmental Protection officials regarding the bypass plan during the upcoming changeover to the new filtering system.

            “We were able to answer their questions,” said Gregory, reporting during Tuesday’s public meeting of the Mattapoisett River Valley Water District Commission. Gregory said that permit approval was received on August 5 with conditions reviewed and considered to be “nothing unordinary.”

            Last week, the MRV received government permission to advertise to bidders under the State Revolving Fund (SRF), the loan program that supports upgrades in water safety and infrastructure.

            Gregory told the commission he is working with the state on minor items such as allocated capital costs by member towns, information he said that the Massachusetts Clean Water Trust will use to see if the state agency can take on some principal (loan) forgiveness.

            “The fact they were looking into that was encouraging,” said Gregory, who reported activity in ironing out recent inquiries from Kovalus Separation Solutions, which in October 2023 purchased Koch Separation Solutions (the original designer of the new filtering system).

            Tata & Howard, the MRV’s contracted engineering firm, is looking to submit bid advertisements next week and the following week go out to prospective bidders. Gregory envisions bid openings at MRV Chairman Vinnie Furtado’s Fairhaven office over a three-week period for electrical bids, then a five-week period for general bidding.

            Citing Fairhaven’s highest usage among MRV member towns and lowest median income per household, Vinnie Furtado said he hopes the town can receive proportional loan forgiveness. Gregory noted that among the three major MRV member towns, Fairhaven is the only one holding state-recognized, Environmental Justice Community status.

            In Renauld’s Treasurer’s Report to the commission, he detailed monthly invoices totaling $95,182.32. The race against cost increases continues, as Renauld reported that Matheson Gas has notified the commission that oxygen and the delivery thereof are going up 10%.

            In his monthly Treatment Plant Operations Update, Renauld said the plant is doing okay.

            “We’re producing a lot of water … one of our biggest years yet,” he said, summarizing recent challenges such as the repair of compressors while ozone generators were lost and then repaired.

            Working with Fall River Electric, Renauld reports after claims for the repair of a transfer switch that the commission faces a bill of $91,000.

            Mattapoisett Town Administrator Mike Lorenco said that the state, in response to the tornado that ripped through a section of town, including the Water Treatment Plant, sent approximately $100,000 to cover damages and indicated that he thinks the money can be allocated for the switch repair. Renauld said downed trees at the plant still need to be addressed and indicated he will huddle with Lorenco and then report back to the commission.

            Marion’s Wolf Island well is back online at 70% to 80%, according to Renauld.

            Member David Pierce asked if the drought has been as bad as in past years. Furtado said water levels are “lower than where want to be” but not as low as in some lean years. Renauld said he is watching the wells and making adjustments.

            The MRV’s computers are working well, according to Furtado, who said in answer to Pierce’s question that there was an occasion when he was out of the country during an emergency crisis and was able to operate the facility remotely.

            Tata & Howard’s construction services engineering agreement with the MRV will see Gregory huddle with Renauld and Furtado and make the agreement subject to Attorney Blair Bailey’s review. Once those details are confirmed, approval from the MRV would be next.

            Tata & Howard is targeting November 6-7 for Emergency Response Program training. Gregory publicly thanked Marion Department of Public Works engineer Meghan Davis for arranging to hold the training at the Music Hall. In putting together proposals for each member town to facilitate training, Gregory noted that after “many, many years and cost analysis,” there will be a $25 per person increase for training this year.

            As usual, the MRV Water Supply Protection Advisory Committee met first, its membership not quite overlapping the commission’s.

            One significant point of discussion was treasurer Jeff Furtado’s recommendation that, in a situation made more complex by personnel changes at Fairhaven Town Hall (Fairhaven is the managing town of the MRV), that the committee hire a secretary to collect and present financial data at the monthly meetings.

            “It would be good to find someone who could put in more time than I can,” said Jeff Furtado, who would later recommend the same to the commission. “I have no problem presenting the report, just getting the data and getting it ready to present is time-consuming for me.”

            Vinnie Furtado, also chairman of the committee, agreed. “It’d be better for us collectively, honestly,” he said, referencing a recent discovery of an old Unibank account containing money that has since been moved to Rockland Trust.

            Davis agreed to reach out to the last person considered for the job.

            In his Treasurer’s Report to the committee, Jeff Furtado played catch-up on June and July, detailing invoices including a Tata & Howard invoice for $2,175.44. The ending balance reported was $87,274.26. Combined with the $100,859 in a Certificate of Deposit, the committee has access to $188,133.54.

            Jeff Furtado also summarized FY24 expenses, including $600 to Bailey for legal work, $2,550 to Megan McCarthy for graph work, $28,911.42 to Tata & Howard for its engineering services and $3,020.64 to Dave Watling for his level logging efforts, totaling $35,082.06.

            Total deposits to Rockland Trust approximated $387,000.

            Total assessments for FY24 to individual member towns were $72,015.17, including $18,862 to Marion and $14,320.60 to Mattapoisett.

            The committee held two unanimous votes that approved Jeff Furtado’s report and to authorize Vinnie Furtado roll the CD over for another four months. Jeff Furtado confirmed that it will yield the same interest rate.

            Another item brought by Davis reminded members to check on the expiration dates of their appointments to the committee and commission and report back next month. Marion representatives now expire in 2026.

            The committee would like to hold another regional meeting of water officials and will soon propose a date and issue an invitation to surrounding towns’ representatives.

            An Approval Not Required plan before the Rochester Planning Board (a subdivision with construction filed by Walter Hartley) that was sent to the MRV Water Protection Advisory Committee for its consideration, was determined not to cause any interference to jurisdictional areas. The committee voted to authorize Vinnie Furtado to write a letter confirming the MRV’s approval to the Rochester Planning Board.

            Gregory reported that within the next few months, Tata & Howard representation will accompany Watling in the field to clear some of the data in the level loggers to preserve their efficiency. Gregory also reported working with McCarthy on missing graphs from April and May.

            The next meeting of the MRV Water District Commission/Water Supply Protection Advisory Committee is scheduled for Tuesday, September 10, at 3:30 pm (committee) and 4:00 pm (commission).

MRV Water District Commission/Water Supply Protection Advisory Committee

By Mick Colageo