The impetus for the illegal clearing of dozens of trees at Christopher Faustino, Jr. and Britney Ashley’s property at 510 New Bedford Road was property insurance, according to the couple’s representative, Rick Charon from Charon Associates.

According to Charon, the property owners’ insurance provider had concerns over some trees located near the house that could fall and damage the structure, and Charon claimed the insurance company would not renew the insurance policy unless the potential tree damage was mitigated.

Rochester Conservation Commission Chairman Rosemary Smith pointed out, though, that this would only address the trees near the house, and not those that were cut down within the 800 square-foot intrusion into the property’s wetlands.

The couple hired Faustino & Sons Logging Company to cut down trees within the 100-foot buffer zone, and some within the 25-foot “no touch” zone. The work was done without ConCom approval and without a state issued forest management plan.

Replication will be required for the unpermitted work, but the commission refrained from addressing the matter until the Massachusetts Natural Heritage & Endangered Species Program assesses whether natural habitats of protected and endangered species of flora and fauna were or could be disturbed under a subsequent forest management plan.

Charon said the altered resource area is currently stabilized.

On behalf of Robin Brown, an abutter at 508 New Bedford Road, Shane Wright asked Charon to point out the property line in relation to the work line on the delineation map, alleging there was a disturbance to Brown’s property.

“There’s a tiny intrusion here,” said Charon, pointing to a small area where trees were cleared from Brown’s property.

Is it not the workers’ job to know where the property line is, Wright asked.

“If there is an intrusion, it’s a very minor intrusion,” said Charon.

“You can’t argue the fact that they should’ve known,” said ConCom member John Teal. “They made a mistake.”

Faustino Jr. said the intent for the cleared area is for a larger piece of yard, and the rest of the tree harvesting would be for firewood.

Brown submitted a letter expressing her concerns, starting with the new open clearing in the forest on the Faustino and Ashley side of the property line.

“Since Faustino and Sons is a well known long-established local logging company based in Rochester, I know that they are well aware of the laws pertaining to wetlands … boundary lines and trespassing,” reads Brown’s letter. “Therefore I was very upset and concerned to learn that they had in fact trespassed on my property and cut my trees along the wetland border.” She added that it was “deliberate.”

Faustino had concerns about jumping the gun on a restoration plan, when a subsequent forest management plan might call for cutting down the plants and trees replicated.

“I didn’t think we did anything wrong because I was told that was the [boundary] of the buffer zone,” said Faustino. “We didn’t know.”

The matter was continued until August 5 to give time to hear back from Natural Heritage.

Also at the meeting, the commission issued a Negative 3 for two lots belonging to Bruce Maksy, Jr. on Dexter Lane, meaning the work done will not alter the resource areas and no Notice of Intent is required.

Maksy plans to construct a house on each lot, as well as related work within the 100-foot buffer zone, adding that he was considering placing a conservation restriction on the areas of a lot that is home to a bog pond to preserve it and ensure it is properly maintained as per the Massachusetts Department of Environmental Protection.

The commission continued the hearing for Kei Lau of 566 Snipatuit Road to install a 4 foot by 54 foot dock, two 4 foot by 12 foot ramps, repair the existing seaplane hangar and stairway, and remove trees within the wetlands.

“We do not have the go-ahead from Natural Heritage at this point,” said Charon, also representing Lau. The hearing was continued until July 15.

The next Rochester Conservation Commission meeting will be July 15 at 7:00 pm at the Rochester Town Hall.

By Jean Perry

Visibly disappointed, Dale and Laura Briggs, the applicants for a variance to construct a solar farm off County Road, left the Marion Town House on June 26 shaking their heads in perplexity after ZBA Chairman Eric Peirce told the Briggses that the board will have to familiarize itself with the new solar bylaw and try to apply it to the new project plans.

The Briggses on May 28 submitted a second, slightly altered plan to the ZBA, and according to Peirce, the board was getting its first glance at the plan and still needs to do some more “homework” before it can render a decision.

“Whether we think solar is a wonderful thing,” said Peirce, “We have to work it into the bureaucracy.”

Some abutters in attendance spoke in favor of the project.

“I’m in favor,” said Joseph Barboza. “He’s a good neighbor.” Others said they thought it would be good for the Town, and one offered the board photographs of the site, which the board willingly accepted.

The engineer for the solar project told the board that he felt the project would actually be a less-desirable project if the plans were to adhere to the new bylaw. Setbacks would shift the project closer to abutters to the west.

The board silently flipped through papers, looking through pages of the bylaw to find the section on setbacks before setting the papers aside.

“It may be fine,” said Peirce. “I just can’t quote [the bylaw] off the top of my head.”

Planning Board member Eileen Marum, present at the meeting, spoke in favor of applying the previous zoning bylaw since the original plan was submitted before the new bylaw was adopted.

“Our perception is that original application is done and gone,” said Peirce. At least that was the board’s opinion, he said. “The courts can fight me.”

The board has until August 28 – ninety days after the applications was submitted – to either issue or deny the variance.

After the public hearing was closed, the board tossed around dates for the next meeting to address the Briggs’ application.

“I don’t want to put it out that far,” said board member Betsey Dunn in response to a suggested meeting date for August. Board member John Sylvia commented that he would not be attending due to a prior engagement.

“Then they can’t sue you because your name’s not on it,” joked Peirce.

The board set a date to issue a decision for July 17.

Also at the meeting, the board approved the special permit for Brew Fish – the former Wave Restaurant & Bar – to affix awnings that would have lettering, technically making them signs.

“Off the cuff, I don’t see any issues,” said Peirce.

Board member Bob Alves called approving the special permit a “no-brainer,” adding that the awnings appear “tasteful.”

The board approved the special permit that evening.

The application for Tabor Academy was continued until September 25 in order to seek advisement from town counsel.

The next meeting of the Marion Zoning Board of Appeals is July 17 at 7:30 pm at the Marion Town House.

By Jean Perry

A string of short meetings of the various Tri-Town school committees on June 26 closed out several outstanding items of business for the end of the school year, and the end of the fiscal year as well.

Superintendent Doug White approached the Rochester School Committee members present to touch base on the residency policy for the Rochester School District, as some issues with potential new students moving into the district next school year have developed.

White said, similar to last year, “the same dilemma” is poised to take place, as some of the houses being constructed in town – with White specifically mentioning Connet Woods – have hit some snags in their development.

The policy allows students moving into the district to attend school within the Rochester School District within a period of 30 days from closing on the house.

“Residency has always been a tricky situation,” said White. “How do we want to address these students?” he asked the committee. He said he was looking for guidance and support because at least one family moving into the district will not officially reside in Rochester at the start of the school year as projected. Discussion headed toward sticking with the 30-day policy.

“But is it detrimental to the child to do that?” asked school committee member Meagan Bennett, for the sake of “playing devil’s advocate.”

“There is a long history of residency issues,” said member Robin Rounseville.

White said it was a case of “best interest versus stand your ground.” He added that one family will not see official residency until November, about three months into the school year and well beyond the 30-day residency policy.

“It’s really [aimed at] people who are thought to not live here, but their children are here in school,” said Vice Chairman Tina Rood. “There have been cases of students who do not live here.”

Looking to remain on “solid ground,” Rounseville said, “I think we need to hold fast to our policy.”

“I’d like to say that we could just let them all come, but…” said school committee member Jennifer Kulak trailing off.

In other news, the Old Rochester Regional Joint Committee approved the appointment of Michael Nelson as the new director of student services. Nelson will replace retiring director of student services, Theresa Hamm.

Nelson has been the out-of-district/district-wide education coordinator for Walpole Public Schools since 2011 and will start with the ORR School District in August.

The Rochester and Mattapoisett School Committees both approved a new district-wide copier lease that White says will save the district money and provide more efficiency by having the same provider for all six schools.

The committees also gave White the authorization to use leftover fiscal year 2014 school budget funds to pre-pay three months of special education private school tuition and program services for FY15.

By Jean Perry

At approximately 1300hrs The Marion Harbormasters Office received a distress call for a person in the water with no life preserver off of Converse Point. The Marion Harbormaster as well as Marion Police and Marion Fire responded to the area. Other responding marine units included the Buzzards Bay Task Force, Harbormasters from Wareham, Bourne and Mattapoisett, New Bedford Fire and the US Coast Guard.

The reporting party and boat were located. A female on board the power boat out of Onset MA stated that her husband while attempting to fix a bumper had lost his balance when a wave struck the boat and had fallen overboard. Seas were approximately 4 ft and choppy and the wind was at 15mph from the southwest.

The female and boat were brought back to Island Wharf by a member of the Harbormasters unit. The female was evaluated on scene and transported to the Marion Police Department. At approximately 1423Hrs, a body was recovered by a passing boater. The Coast Guard attempted rescucitation on the 66 year old white male. Marion Harbormaster then transported the recovered party into Converse Point. He was transported by Marion EMS to Tobey Hospital. The party was pronounced deceased at the hospital.

Information regarding the name of the deceased has not yet been released pending notification of family members. State Police detectives as well as the Environmental Police also responded.

Marion Police Department Press Release