Late into the evening’s agenda, the Mattapoisett Conservation Commission discussed the growing issue of storm water drainage problems. To the surprise of the ConCom members, the Planning Board during their last meeting had said it was the responsibility of ConCom to handle storm water drainage problems. However, Chairman Peter Newton and member Bob Rogers disagreed.

Highway Supervisor Barry Denham said that during the Planning Board’s last meeting, Chairman Thomas Tucker said it was the responsibility of ConCom to respond to and deal with drainage issues. Denham said that the two boards needed to get together and settle the protocol on this so that drainage projects didn’t fall between the cracks. Noting that residents reach out to him when there are drainage problems, Denham said, “…these people have all been in to see me…”

Newton said that every Planning Board he was familiar with had the responsibility of dealing with engineering plans for storm water management and drainage. He said regarding Mattapoisett’s Planning Board, “I was not aware that was their opinion.” Newton said that they needed to figure out how to work with the Planning Board, and it was determined that he would attend that board’s next meeting to engage them in conversation. Newton will send a letter to the Planning Board outlining the need to discuss this matter with them.

Specifically on the evening’s agenda under ‘other business’ were the two housing developments that have come before both boards of late: Appaloosa Lane and Brandt Point Village. As evidence that things weren’t going well with the engineered drainage plans, photographs of standing water in drainage swales were shown from the Appaloosa project. Of the engineered drainage at this development, Denham said, “…it is a disaster.”

Regarding Brandt Point Village, Denham said that he had researched the developer’s plans further and found that a brook in question is on their property and therefore, is the responsibility of the developers. He said, “…the stream needs to be cleaned out badly … it is not the town’s responsibility … it is the main drainage for the development.” He felt they should be held responsible for cleaning out the brook so that water could properly flow through it and out to the ocean rather than backing up into the backyards along Gary Lane.

Rogers said that it would be unusual for ConCom to mandate the clear cutting of vegetation, but that it could possibly be included in an order of conditions. Denham said that intermittent streams and brooks have become an integral part of drainage plans for developments and home construction and that there weren’t any easements in place for maintenance. “It is a problem throughout town, and somehow we need to learn how to deal with it.”

Earlier in the evening the commission approved certificates of compliance for: William Marinone, 29 Nashawena Road; Cassandra Morgan, 35 Cove Street; and Daniel DaRose, 3 Goodspeed Island.

Kenneth Shwartz, 49 Mattapoisett Neck Road, requested and received permission to remove a cherry tree located in a wetlands area on his property and to install native shrubs to provide additional screening on the east side of the lot.

Ken Motta of Field Engineering represented two clients who were each submitting notices of intent. The first was for Peter Lesco of Industrial Drive Trust, located at 11 ½ and 13 Industrial Drive, for removal of stockpiled soil materials in a 100-foot buffer zone. This was continued until the June 9 meeting to give the applicant time to confer with Natural Heritage. The second client Motta represented was Christine Gibbons-Richards, 37 Water Street. The applicant is seeking to build an addition that will connect the duplex structure on the parcel. This was approved with standard conditions.

A continuance for Blue Wave LLC’s application for a solar farm on Crystal Spring Road came to a standstill when the commission’s peer review environmental engineering consultant, Gary James, reported to the board (via email) that he had not received sufficient response from the applicant on a number of issues under his purview. Rick Charon, representing the applicant, and Aidan Foley of Blue Wave both expressed their surprise since they had provided comprehensive responses to James also via email. It was determined that Charon would follow-up with James and provide him with hardcopy documents for his review. The issue at hand is erosion due to storm water run-off and associated drainage issues into wetland. Also, Foley reported that although they are awaiting a response from Natural Heritage, it has been his experience that they view solar fields as providing a sufficient, albeit different, habitat for native wildlife. ConCom had also received a report from James that day but did not have enough time to study it prior to the meeting. A continuance was scheduled for June 9.

The next meeting of the Mattapoisett Conversation Commission is scheduled for June 9 at 6:30 pm.

By Marilou Newell

A presentation by Jon Gregory, an engineer from Tata & Howard in Lakeville, on the replacement of the existing water tower, located in East Marion, engaged the Planning Board for over an hour at Monday’s meeting held at the Marion Town House.

The $1.5 million cost of replacing the tank, with associated expenses, was approved in 2013 at Town meeting.

At issue is taking down a water tower holding two million gallons of water and replacing it with a water tower – adjacent to the existing tower – that holds one million gallons of water at a cost of $1.5 million

Also at issue is the right of way to service the tower and who will service the mowing and maintenance of that road, or ‘right of way’.

Rob Zora, Superintendent of the Department of Public Works, attended the meeting and assured everyone that the Town would service the access road (grass mowing) and plow it in the winter.

The original water tower was built from concrete in 1965 and has served its ‘useful life,’ according to Gregory, who represented the applicant, the Town of Marion. The tower is located on land owned by Great Hill and the Town of Marion and serves not only as a source of household water, but also a source for water pressure in the event of a house fire.

Zora and Water Commission member David Pierce both attended the meeting and answered questions regarding the project. Both voiced approval of the project.

Next up was a discussion and approval of the combination of two lots located at 57 and 59 Holmes Street. A quick, but efficient discussion of the history and future of the lots was agreed upon.

On the agenda next was a pre-submission conference of a Site Plan/Request for Determination of Modification of Site Plan, PHB Realty Trust, Hiller Corporation, 635 Mill Street in Marion.

After much discussion, the board agreed that the applicant needed more information to get approval for the project and agreed that the applicant and the engineer would come before the board at the next scheduled meeting.

By Joan Hartnett-Barry

Rochester’s Conservation Commission handled a light agenda as twilight descended on Town Hall on June 3. In attendance were Conservation Agent Laurell Farinon, Chairman Rosemary Smith, and members John Teal, Christopher York and Laurene Gerrior.

A notice of intent filed by Don Stimer of 14 Bishop Road, which had been continued from the previous meeting, was continued again as Farinon noted the applicant was still collecting information requested by the commission. Further, Stimer is still waiting to hear back from National Heritage. Regarding this property and notice of intent, a “Mullin Rule” affidavit has been filed. The Mullin rule arises from the Appeals Court decision of Mullin v. Planning Board of Brewster, 17 Mass. App. 139 (1983) which held that a planning board decision on a subdivision plan is an adjudicatory proceeding. The members of the board who vote on the plan must have attended the hearings on the plans. The Mullin case involved, at most, two hearings on a proposed subdivision plan. At least two Massachusetts Trial Court judges have refused to apply the Mullin rule in an overly stringent fashion when there are a series of public meetings. These judges have ruled, in essence, that if a planning board member misses a meeting when non-substantive issues were discussed, it makes little difference. Furthermore, if a planning board member misses a meeting where there may have been substantive discussion and presentation but that substantive material was undoubtedly reiterated at a later meeting which the planning board member did attend, the Mullin rule should not apply.” The hearing was continued until that time.

A certificate of compliance requested by Erica Benoit and Kathryn Guy for property located off Snipatuit Road was issued. Farinon reported to the members that a deed restriction has been added to the property to ensure that there won’t be another remediation project at this site given the amount of remediation that was required – a total of 850 square feet – to compensate for 650 square feet of fill for a driveway crossing through bordering vegetated wetland.

A certificate of compliance requested by Andrew and Susan Revell of 59 Bradford Lane was also issued.

In old business, the property located at 510 New Bedford Road was discussed. Farinon shared with the commission that wetland lines will be re-drawn according to engineer Rich Charon and that the parties involved will be ready for the July 1 meeting.

Farinon reported that MapGeo, an online municipal mapping program, will soon be available to the public via the town website, and she lauded it as a great tool for residents as well as town employees. Information available will include flood plains.

Smith showed the members new signage that will be placed in the kiosk at Doggett’s Brook. The members also discussed language suggestions received from town counsel that might be displayed on signage at the Leonard’s Pond kiosk. After editing the legal text, Farinon will revisit what is absolutely necessary to have posted versus the long list offered by counsel.

The next meeting of the Rochester Conservation Commission is June 17 at 7:00 pm at Town Hall.

By Marilou Newell