The June 26 meeting of the Mattapoisett Marine Advisory Board found Harbormaster Jill Simmons reporting on the ongoing fresh water leak problems that are drenching the wharves, making the structures unstable and causing usage fees to soar. Simmons reported to the board that she had recently met with the water commissioners to ask for an abatement of the $13,000 water bill that shocked her upon receipt. She said that the average bills for the last several years have been around $1200, so when she received the stunning bill for several thousands of dollars, she was aghast.

Simmons said it took some doing to even find out where the water meters were located for the wharves. Members of the water and sewer department helped and showed her the location of the meters in a locked cabinet. She said she hadn’t been aware of their location or whose responsibility they were.

As for the leaks, they continue. One leak has been isolated on Mello Wharf. That will be repaired. But she said that at a rate of between 100 and 150 gallons per hour, water continues to leak from somewhere.

It has been one thing after another as the new harbormaster faces structural and infra-structure issues at the town wharves. Simmons recently discovered an electrical problem that could easily have killed someone on Mello Wharf. She had the electricity shut off. Electrical repair work is expected to be completed by June 28. The water pipe repairs are to follow, but at what cost?

This brought the meeting round to the waterfront enterprise deficit and confusion over the exact revenue stream that feeds into its balance sheet. Chairman Alan Gillis had sent town administrator Mike Gagne an e-mail on June 26 which reads in part ”… at the May meeting … it was brought to the attention of the Board that only 50% of the boat excise tax is provided to the Waterfront Enterprise Fund … the Board requests 100%, if, in fact that is the case.” Gillis received a reply from Gagne that reads: “Please be advised that for the past four years the Town has allocated more than 100% of the Boat Excise to the Waterfront Expenses, when the town accountant returns from vacation she and I will make a list of funds for the past four years that were put to the waterfront from the Boat Excise and General Fund. As I have said to the Harbormaster Mattapoisett charges for boat related items for those using the Waterfront and Waters of Mattapoisett are significantly under the average of like ports. I have asked the Harbormaster to compile the data, present to me, the MAB and Selectmen by September. MAB’s input into this data findings and recommendation is sought.”

            After the reading of Gagne’s reply, board members reacted by stating that they have already provided the fees data requested by Gagne, with the result showing that Mattapoisett was charging an average between those towns which were much higher and others much lower. Board member Carlos DeSousa said, “We still have a deficit issue to be dealt with.” Members concurred they needed to know everything that went into the waterfront enterprise fund to determine not only what needs to be raised, but what they might be missing.

The board also discussed their ongoing edits to the Rules and Regulations. They have completed most of that work with “Fees” remaining. However, until the issues about revenue sources are clarified, that piece will remain incomplete.

Simmons returned to the problems she faced in collecting all the information needed to fully understand the enterprise business and work through financial woes. She said, “The wharves are the main feature of the town … we need to get them fixed.”

The next meeting of the Mattapoisett Marine Advisory Board is July 31 at 7:00 pm in the Town Hall conference room.

By Marilou Newell

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