The Rochester Planning Board recently issued Shawmut Associates an invoice for an engineering site visit – and Shawmut, said Chairman Arnold Johnson, was not happy about it.

The remaining balance of the company’s escrow account now stands at $791, not enough to cover the invoice for Field Engineering, and now the board says it needs an additional $1,960 or so to cover the entire balance. The original amount of the escrow was $4,000.

Shawmut has requested the accounting of the hours Engineer Ken Motta of Field Engineering spent at the site inspecting the project, a site visit that was the result of some unanticipated “unsuitable soil” encountered by Shawmut during the excavation process.

“Until we get money, we can’t have Field Engineering going out there,” said Johnson. Johnson wondered if the board should pay the invoice out of its own budget and then later recover the money from Shawmut, and also request further funds be placed in the escrow account for future site visits.

The project cannot be approved until the board has its final site visit after Field Engineering has its own site visit to provide the board the necessary data to make the judgment.

The $4,000 estimate for the escrow account was based on the initial plans presented to the board, said Johnson, and Shawmut later altered its plans. The plan change required another inspection, in addition to the unexpected unsuitable soil, which added yet another inspection.

“We’ve exhausted that budget,” said Johnson. “In fact, we’re significantly over.”

Board member Gary Florindo pointed out that the Shawmut project to construct a trash and recycling facility off Cranberry Highway is “an extravagant piece of construction that’s going on at that property,” a scope that should merit an increase in escrow.

“It’s not our problem they ran into obstacles,” said Florindo. “It’s their problem. It’s our problem to make sure it’s done right.”

Florindo said he thinks the right hand should know what the left hand is doing.

“A lack of communication keeps everyone in the dark,” said Florindo.

The board decided to make a few changes to the draft letter, run it by town counsel, and then send it to Shawmut Associates.

Also during the meeting, the board met with Jay Myrto of the Little Quittacas solar project to discuss concerns about drainage basins and some of the vegetation on the property that “is not looking good,” according to Johnson.

There have been some complaints from abutters about several arborvitaes that have turned brown and appear to be dead. Johnson also brought up that one of the basins has been draining slowly relative to the other three. In addition, some of the hydroseed grass that was put down has not yielded grass.

The board sent Field Engineering to inspect the property and generate a report on the findings. Johnson asked Myrto if he received a copy of the report, to which he replied that he had not.

“But I got the invoice,” said Myrto.

Myrto apologized, saying he acknowledges there was a break down in communication and vowed to stay in closer contact with the board.

“To an extent, it was my fault,” said Myrto. He was aware of the concerns the board had, he continued. “But you didn’t know that I knew that.”

Myrto said he would rather keep better communication with the board than pay for a site visit.

The solar facility is generating power and has been since it passed a “witness test” back on December 18, 2013. The facility went online shortly after that.

In other news, Town Administrator Richard LaCamera got the approval he needed from the board to go ahead and purchase “a really neat software system,” as he put it.

Come June, the Town will be utilizing MapGeo, an enhanced web-mapping interface software that allows access to local digital geographic and property data that will standardize the mapping system used by the Conservation Commission, the Planning Department, the Assessor’s Office, and the Zoning Board of Appeals.

The total cost of $11,500 was extra money left over in the planning budget due to a delay in hiring the new town planner in January.

Before adjourning, the board briefly discussed some amendments to the Subdivision Rules and Regulations.

There will be a public hearing on the amendments at the next meeting of the Planning Board, which is scheduled for June 10 at 7:00 pm at Town Hall.

By Jean Perry

Christine Winters remains the winner of the Marion School Committee election after a ballot recount on May 28 that, although the recount changed the final numbers, did not change the outcome.

On May 16, the final tally was 480-479, with Winters beating Michelle Oullette by a single vote. Newcomer Kate Houdelette won by a significant margin, coming in first with 593 votes. Oullette petitioned for the recount on Monday, May 19.

The recount numbers changed, this time giving Winters a nine-vote lead over Oullette with a final count of 480-471.

The recount process did not start out smoothly, with the ballot count showing two missing ballots right from the start, resulting in a second count of all the ballots.

The process began at 11:00 am, and the counting concluded at 1:11 pm when the numbers were read and, despite one single ballot still unaccounted for, Winters was pronounced the winner and sworn in.

“The process has played out as we had hoped,” said Winters. “I look forward to serving the Town of Marion.”

“I’m pleased over all,” said Oullette. “I know there’s another role out there for me.”

By Jean Perry

With the 2014 boating season just starting, the Mattapoisett Board of Selectmen met with David Kaiser of the Mattapoisett Boat Yard to discuss pump out and launch services for the season. Also on hand to share in the discussion was Harbormaster Jill Simmons.

Critical to the cleanliness of local waterways are pump out services for the many boats moored in the harbor and for visiting boaters. Kaiser began the conversation by stating that his marina is licensed by the state to provide sanitation services. He said that they average about 25 clean-outs per day on a will call basis, seven days a week during the boating season. Simmons and Kaiser have also discussed having sign-up available at her headquarters, and she said that signage could be put up that would provide boaters with contact information for the marina pump-out service.

Town Administrator Mike Gagne expressed his concern that Leisure Shores Marina did not have or offer any type of pump-out service to its customers. Kaiser said that in previous years he had provided some collection services for the marina, but it failed to meet safety standards after a while causing him to pull out. He said it would be tricky to maneuver his pump-out boat between boats in slips at Leisure Shores, but something could possibly be worked out. Gagne said that although the troubled marina was working with the Zoning Board and others to bring the operation up to standards and within acceptable permitted business, things weren’t moving along as quickly as he would like and certainly not on this issue of sanitation services.

Selectman Paul Silva said, “Some of those boats are summer cottages.” Kaiser concurred, saying that a boat was equal to a residence in terms of sanitation needs. “They don’t leave there … so where does the waste go?” questioned Silva rhetorically. It was decided that Simmons and Kaiser will work together to try and schedule pump-out services for the customers of Leisure Shores.

Kaiser went on to say that providing pump-out services to outlying coves and beach community areas such as Aucoot Cove and Point Connett is difficult. He intimated that his contract only goes so far in terms of his business being compensated for providing this service, and going into those outlying areas rather stretches the budget a bit too far. He said that he would continue to try and provide services in those areas; however, asking boaters to meet him half way would be helpful. The board will work to have services listed on the Town’s web site.

The other service offered by the Mattapoisett Boat Yard is a free launch service. He said that it is better for his business to work from the Barstow pier, but that people really want to be picked up and dropped off at the town wharf area. Calling the launch service a “lost leader” for his business, he did say that he saw a benefit from it by an increase in other cash services they offered. “We gain more service work, so there is an advantage.” He also said that he wanted to help the town.

Discussion of the launch service centered around how best to designate a space at the town wharf for the launch that would not inconvenience other boaters. Simmons will work with Kaiser and her staff to coordinate efforts so that a space can be used for the water taxi service.

Gagne said that he has been in conversations regarding a wharfinger position. A wharfinger is a manager who oversees the activities on wharves to ensure the smooth use of and operation of the wharf. He said that maybe this person could oversee the launch schedule and communication necessary with boaters to ensure coordination of pick-up and drop-off services. Again, Simmons will work with Kaiser to come up with a plan.

Gagne also reported to the board that audio problems for video-taped meetings and programs have been resolved thanks to the assistance of Comcast. He also said that ORCTV will be returning to ORRHS and acknowledged that the school was home to a superior media center.

Regarding the street improvement project for the village area, Gagne said that meetings will begin soon with impacted residents to discuss with them exactly what can and can not be done. He said that cost estimates for engineering and construction will be completed in a few months.

He said that handicap ramp work on the Ned’s Point restroom will begin soon and will take two weeks to complete. Portable sanitation services will be available during the construction phase. He also said that restroom work on the Beach House will be completed by June 21. Finally, he said that electrical bids are now in for work needed at the town piers.

Earlier in the evening, Zoning Board of Appeals members, along with the Selectmen, honored Jeff Chase for his 25 years of service on the ZBA. Also honored was Raymond Harrington for 15 years of service on the Historical Commission.

Mary Soares came before the board to discuss her plan to offer Tai Chi classes at Ned’s Point on Monday mornings at 10:00 am. Because she will be asking for a free-will offering, Gagne will get together with her to confirm that the town’s insurance riders will cover the classes.

Geoff Smith of The Sightings LLC asked the selectmen about the possibility of a March 29 road race for a yet to be named charity. Smith also needs to drum up sponsors. Gagne told Smith he needed to review the race route and security and safety protocols with Chief Mary Lyons. Once he has met and received approval of the police chief, he was told to return to the board to firm up other aspects of the race. The Sightings LLC is a US Track and Field sanctioned racing entity.

The Hollywood Scoop, a new business coming to town, received approval for an entertainment license and the Summer Wharf Dances were also approved.

Tabled until the next meeting was a meeting with the new Town Clerk, Catherine Heuberger, and Nick Nicholson for the 2013 DEP Public Water System Awards.

The next meeting of the Mattapoisett Board of Selectmen is scheduled for June 10 at 7:00 pm.

By Marilou Newell

It didn’t take long for the public hearing on the Brandt Point Village project to boil over, and Mattapoisett Planning Board Chairman Tom Tucker skillfully held control in spite of vocal resident frustrations. Coming before the Planning Board in a continuation of an earlier hearing was John Williams, attorney and one of the trustees for Brand Island Realty Trust. It is his third attempt to receive an amended permit that would allow the developer of this already permitted cluster housing project to construct only three-bedroom units, abandoning any scheduled two-bedroom units.

Once again, Williams made the case that the developer will upgrade the septic system to a ‘Bio-Clear’ system which he said was vastly more efficient than the simple Title 5 shared system currently in place. He said that with the upgraded system, which will cost approximately $400,000, the existing homes and all future homes on this site would be serviced by a state-of-the-art wastewater purification system – one that is recognized by The Buzzards Bay Coalition.

In a letter drafted by the coalition by their senior attorney, Karin Petersen, the organization outlined their stated goals of overall water protection and that they recognized the proposed ‘Bio-Clear’ system to be superior to Title 5 systems in terms of the amount of nitrogen introduced into the surrounding wetlands and waterways.

Williams said that the DEP would have to approve the installation of the upgraded system, and he felt confident that approval would be received. He said that unlike Title 5 the ‘Bio-Clear’ system could handle the uptick in people that will inhabit the development once all the remaining units are sold as three bedrooms.

He continued to try an assuage concerns by saying that most, if not all, of the homes in the area are serviced by Title 5 septic systems, many of which are within 100 feet or less of fresh water wells, so his proposal is better than what is already in use along this coastal residential area.

That did not win him many fans in a crowd that clearly felt toxic regarding the development.

As for the Planning Board members, only Karen Fields and Mary Crain asked questions of Williams and his engineer, Al Lomis, of McKenzie Engineering. Fields asked if the ‘Bio-Clear’ system would make any noise, if it would have a leaching field, and would FEMA’s new flood maps come into play. Fields was told that there would be no discernable noise, that there would be a leaching field, and that FEMA mapping would not impact whether the development could move forward. She was further advised that the upgraded system would be maintained by a state-licensed operator. The operator would report to the homeowners’ association and state regulators. It is the association who ultimately would be responsible for everything that happened at the site. She also asked what provisions would be made for parking cars. It was pointed out that the homes had garages and driveways and that certainly, as in other areas, some cars might be parked on the streets associated with the development.

Of all those who took a turn at trying to persuade the board to turn down the amendment, none was more succinct than Gina Shorrock of 4 Gary Lane.

Shorrock, who qualified her comments and questions by first stating that she had been in real estate and understood the processes involved, said she had contacted the DEP. She said that she had a good conversation with them and that they seemed to favor a new hydrological study of the development area. She said, “I don’t feel that the town has our back.” Her stated concerns were an overloading of wastewater into the aquifer and storm water run off. She urged the board to require that the developer put up a bond that could protect residents in the area should damages result.

Of the more contentious residents to speak, none voiced more outrage than Mike Rocha, 6 Gary Lane, who at one point said, “I’m ready to vote no confidence of this board right now!” Prior to that outburst he said, “Why don’t you put up a bond to protect our wells … protect the people that have been here for 20-30 years?”

Others making variations on the same themes of fresh water issues, wastewater issues and storm water issues were Joyce Almedia, 1 Dupont Drive; Goeffrey King, 9 Birchwood; Paul Osenkowski, 8 Oaklawn Avenue; Rich Coty, 5 Gary Drive; Fred Reusch, 9 Gary Drive; and Lisa Winsor, 1 Dupont Drive.

Also on hand were residents of River Road who recently spent time with the Conservation Commission regarding storm water issues from the Appaloosa Way development. They were not heard this night.

Highway Superintendent Barry Denham was also in attendance, bringing his experienced voice to the issue of storm water run off. He said that he had been to the site on numerous occasions, and that the brook that is part of the storm water management system for the development was, in fact, not adequate to the task now that all the storm water in the area is being directed into it. He said that previously a larger re-charge space had been part of the overall natural drainage in the area, but that now with the development’s drainage system, it was flowing directly into the brook. Denham said, however, “It is not their job to fix drainage problems off site.”

Both Chairman Tucker and board member Ron Merlo attempted to outline for the assembled what boards were responsible for what types of oversight, saying that the Conservation Commission was responsible for wetland issues and that the Planning Board really had very little power over anything as long as ConCom, the Board of Health, and the building inspector had all signed off on a project.

This did not go down well with residents that heretofore had already visited ConCom with their numerous concerns. Tucker said, “We are not the enforcing agent.” He said that the building inspector, Andy Bobola, was the code enforcement officer and that if they wished to discuss matters further, the “…buck stops with the Board of Selectmen.”

The hearing was continued until June 2 at 7:00 pm and will again be held at Old Hammondtown School to accommodate what is anticipated to be a larger than normal gathering for a Planning Board meeting.

By Marilou Newell