Members of the Mattapoisett Conservation Commission reviewed a draft of conditions that they have been working on with Conservation Agent Elizabeth Leidhold. Since the Conservation Commission’s primary area of responsibility is protection of wetland and waterways, these conditions are solely focused on those areas of this property versus uplands areas.

Harbormaster Jill Simmons read from an email she received from a concerned neighbor who, after reading The Wanderer’s coverage of the previous ConCom meeting, posed a list of questions. The writer wanted to know if business activities taking place on the landside of the property would continue to be allowed. Bob Rogers, acting Chairman, said that Leisure Shores will still need to have permits for activities such as boat maintenance. On this evening, the matter before them was conditions for the waterside of the property.

They reviewed a long list of conditions drafted by Leidhold, added others, and discussed the necessity of completing this responsibility before August 17. That date represents the end of the 21-day period of time given to the commission to complete the conditions document after the close of the public hearing.

A copy of the draft that was several pages in length was not made available to the public. However, ConCom was particularly concerned with the ongoing clean-up of degrading Styrofoam floats, placing a boom around them in the winter months, or removing the remaining Styrofoam floats during winter months until they are permanently replaced. Leidhold said that Town Counsel had weighed in on the document.

A critical piece that was missing was an updated plan-of-record from Leisure Shores that ConCom had expected prior to the meeting. Since the conditions document deals primary with waterside activities, they decided to move forward without it.

In other business, a negative three finding was given for a request for determination of applicability filed by David Park for the construction of an in-ground pool at 48 Holly Woods Road.

Also receiving a negative three finding was Christian Thorell’s request for determination of applicability for 23 Brandt Beach Avenue for the construction of a 12-foot by 15-foot two-story addition.

The next meeting of the Mattapoisett Conservation Commission is scheduled for August 25 at 6:30 pm.

By Marilou Newell

Just after 2pm on Friday the Mattapoisett Police were called to a home on Driscoll Lane for a reported breaking and entering in progress. A neighbor saw movement in the home, which they knew was supposed to be vacant.

The police apprehended one male at the scene and a second female waiting near by in a vehicle. Reports were that the police were searching for a third person and a canine unit was being called to the scene.

The Mattapoisett Police Department issued this press release on Monday:

On Friday August 15, 2014 at 2:17 Mattapoisett Police were dispatched to 5 Driscoll Lane for a house break in progress. An alert and observant neighbor reported a male subject had just entered his neighbor’s home through a window.

Mattapoisett Officer Justin King and Fairhaven Officer Alexander Kisla found a male subject hiding in a closet in the home. The male suspect was identified as Joseph T. Bruttaniti III, from Taunton, MA. Bruttaniti had items belonging to the homeowner in his pockets. He was placed under arrest for breaking and entering of a building in the daytime to commit a felony and possession of a class C controlled substance. A female accomplice was located in a suspicious vehicle parked near the break. She was identified as Kayla Nightengale from Holbrook, MA. Nightengale was charged with breaking and entering of a building in the daytime to commit a felony and possession of both class A and E substances. Both parties were charged with Conspiracy to commit the crime of breaking and entering.

The Mattapoisett Police asks that its residence continue to be observant and call in any suspicious activity as soon as you see it. If it weren’t for the quick actions of our reporting party, this would have been a much more difficult case to solve.

Two residents who have fought to construct a solar facility in Marion are closer to approval than ever before.

With a show of hands, the Marion Zoning Board of Appeals unanimously approved the commercial solar facility slated for County Road, but Laura and Dale Briggs will still have to wait until August 21 for the final and official approval they need to start constructing the 3,520 panel commercial solar energy facility on their 5.93-acre residential property.

The board closed the public hearing back on June 26 in order to take the matter “under advisement,” and set the date for the next meeting to address the issue for July 17, but then the July 17meeting was canceled.

The informal vote to approve finally came on August 7, and an official vote will have to wait for the next meeting, granted that Town Counsel Jon Whitten, who is currently unavailable, can draft a decision in time for board members to approve the decision on August 21.

“This is just sort of a formality,” said Building Department Clerk Anne Marie Tobia. Tobia said she will likely petition the Briggs’ attorney for a slight extension in order to ensure that the decision is approved before the 90 days from the day the Briggs’ filed their request for the variance. She said this was a precaution in case Whitten could not draft the decision in time.

“It should be all squared and sealed up by the 22^nd [of August],” said Tobia.

The meeting was shortened by one application withdrawal and, although discussion on the Briggs matter was off to a slow start, the meeting was roughly only five minutes long.

Acting as chair, John Sylvia requested an informal straw poll after a brief discussion among board members. Board member Bob Alves was first to voice his approval of the variance, followed by board member Tom Cooper.

“I have no objections to it either,” said Cooper.

“I feel that way too,” said Sylvia.

It has been a long road for the Briggses since they first filed for a building permit to construct the solar facility, which Building Commissioner Scott Shippey denied on September 4, 2012. Shippey referred to the Town’s previous version of the zoning bylaw, saying that he could not approve the solar farm because there was no mention of commercial solar facilities within the bylaw – only accessory use of a solar installation.

Town Meeting has since approved a new version of the bylaw that now includes commercial solar energy facilities.

The Briggses appealed Shippey’s decision to the ZBA, which denied the appeal on February 22, 2013, prompting the Briggs to file a lawsuit against the Marion ZBA. On February 6, 2014 the judge found in favor of the Marion ZBA, provided it could define “light manufacturing” in the zoning bylaw, and apply it to the solar energy facility, the reason the ZBA denied the Briggs’ permit because light manufacturing is not permitted in residential zones.

Light manufacturing was described in the bylaw as “fabrication, assembly, processing, finishing work, or packaging.”

“It’s been two and a half years since we started,” said Ms. Briggs, adding that as soon as the decision is approved, they will start construction of the solar farm immediately.

The application that was withdrawn without prejudice was for Ed and Donna Miccolis of 4 Cove Street. The plan called for a special permit to construct a masonry seat wall and associated built-in gas fire pit.

The next meeting of the Marion Zoning Board of Appeals is scheduled for August 21 at 7:30 pm.

By Jean Perry

There is a water shortage in the Mattapoisett River Valley Water Supply District (MRVWD) and, in addition to Marion’s own bylaw already restricting outdoor water usage in the summertime, the Mattapoisett Water and Sewer Department has now placed a mandatory outdoor water usage restriction on Mattapoisett residents until further notice.

The Mattapoisett Water and Sewer Department held an emergency meeting on August 7 and approved the emergency water restriction for the Town of Mattapoisett, which allows for outdoor water usage only between the hours of 6:00 am to 8:00 am, and 6:00 pm to 8:00 pm. Houses with even addresses will be allowed to use outdoor water on even-number days, limited to those four hours per day, and odd-number addresses can use outdoor water on odd-number days.

For example, an even-number address can water on the dates of August 14, 16, and 18, and odd-number addresses can water on August 15, 17, and 19. Any household can use outdoor water on August 31, but only during the restricted four hours.

“We need to be able to preserve a certain amount of water in our storage tanks in the event … [of] a major fire,” said Nicholson during the meeting. “[The hours] should be more than ample to take care of any kind of gardens or lawns and be able to help maintain the needed water that we have.”

The water shortage is the result of a problem with the Fairhaven Tinkham Lane well, which, on average, provides roughly 1.5 million of gallons per day.

“We are in a situation where we have been blessed so far with cooler weather and we’ve had some rain,” said Nicholson. “But around the corner, I’m quite certain that there will be warm weather … and heavy usage because of the lack of rain.”

The Town of Marion already has its own mandatory outdoor water restriction effective June 15 to September 15, which restricts outdoor water usage to the same hours, 6:00 to 8:00 am and pm; the only difference is that even-number houses may use water on Monday, Wednesday, and Friday, while odd-number house can use outdoor water on Tuesday, Thursday, and Saturday. In addition, Marion residents may wash their vehicles and water their plants using a hand-held hose only on Sundays between 6:00 am and 12:00 pm.

Nicholson at first estimated that the well would be back online the following week, but he had no assurance of that, adding that it could end up taking a month before the problem is fixed. On August 13, Nicholson said he anticipated the problem would be fixed by the end of this week, and possibly tested for quality the week of August 18.

“That’s my optimistic outlook,” said Nicholson during a follow-up phone interview. “We’re starting to get things back together.”

As for violating the water restriction in Mattapoisett, since the department in still getting the word out, a first offense would be a verbal warning. Any subsequent offense would be a $100 fine.

“We’re first trying to educate the people on what’s going on,” said Nicholson. “We are still trying to get the word out to people.”

There are fines for violating the Marion water restriction, as well. A first-time violation would result in a $50 fine, and a second strike would result in $100 fine.

As part of the MRVWD Commission, Fairhaven is also under a mandatory water restriction until further notice.

If you have any questions, you can call the Marion Department of Public Works at 508-748-3540 or the Mattapoisett Water and Sewer Department at 508-758-4161.

By Jean Perry