The judge presiding over the case of a Marion couple suing the Marion Zoning Board of Appeals for denying them a permit to build a solar farm has issued a decision ordering the ZBA to define “light manufacturing,” the foundation for the board’s denial of the permit.

Judge Alexander H. Sands wrote in his February 6 decision that “…the ZBA decision [to deny the permit] did not describe how a solar farm would fall under the category of ‘light manufacturing.’”

Light manufacturing is described in the Town’s zoning bylaw as “fabrication, assembly, processing, finishing work or packaging.”

The ZBA denied the permit because light manufacturing is not permitted in residential zones.

“…Provided that the ZBA can justify that a solar energy farm is ‘light manufacturing’ under the Bylaws,” wrote Judge Sands, “I find that the ZBA Decision, which maintains the division between commercial solar energy systems and residential accessory solar energy uses, is reasonable and does not violate [the law].” After the remand, Judge Sands will make a final judgment on the case.

Dale and Laura Briggs own 512 County Road and reside at the abutting property. On September 4, 2012, Building Commissioner Scott Shippey denied the Briggs’ application to construct a 3,520 panel “solar energy system” on the 5.93 acre lot because the bylaw at the time only provided for an accessory use of a solar installation within a residential zone.

“I cannot approve something not in the bylaw,” said Shippey during an interview on March 7. “If it’s not in the bylaw it’s not allowed.”

When the Briggs appealed Shippey’s decision to the ZBA, on February 22, 2013 the board denied the appeal and upheld Shippey’s decision, citing that the bylaw only permits solar energy facilities as an “accessory use to otherwise permitted residential and non-residential uses.”

The board’s decision stated, “The development of a commercial solar energy facility is, accordingly, prohibited within the Town’s Residential Zoning Districts.”

Subsequent amendments to the bylaw regulating solar energy facilities were approved by Town Meeting back in October 2013, and received approval by the Attorney General’s office, with recommendations, according to Shippey.

            Shippey said the Attorney General cited Massachusetts General Law Chapter 40A Section 3, which prohibits the “unreasonable regulation” of solar energy installations.

“That’s where it gets sketchy,” said Shippey. “But our bylaw is not really unreasonable.”

Section 16.11 of the amended bylaw specifically states that a ground-mounted solar farm is allowed in a residential district with a minimum of three contiguous acres, complies with the required setbacks, including 100 feet from the nearest property line, with a maximum structure height of eight feet. The Planning Board is the special permit-granting authority for solar energy facilities, as stated in the amended bylaw.

As to whether or not there could ever be a solar farm at 512 County Road, Shippey said that only if the plans meet the requirements under the bylaw could it ever come to fruition.

“We really won’t know if they’ll be allowed until it goes back to the court and they make a ruling,” said Shippey. “I can’t speak for the board. I can’t speak for the judge.”

The Briggs property where they planned to construct the solar facility is described in the judge’s decision as “a wooded area and [also] partially screened in areas that will be visible.”

The Wanderer made several attempts by phone to reach Dale Briggs for a comment, but he did not return our calls.

The ZBA was set to discuss the judge’s remand during its meeting on March 6, but the attorney for the Briggs requested a continuance until April 3.

By Jean Perry

The grant writer position could be eliminated completely from the fiscal year 2015 budget, if the Marion Finance Committee gets its way.

Development Specialist Pamela Marean is paid $30,600 annually to research available grant opportunities and, with the assistance of Town department heads, write proposals and apply for any grants that would benefit the Town.

“While we were hopeful that this expense would more than pay for itself, that has not proven to be the case over the past few years,” states a February 28 FinCom memorandum addressed to the selectmen. “This has been confirmed in discussions with [Town Administrator Paul] Dawson.”

Marean says it is not her fault, and she defended herself during a special Board of Selectmen meeting arranged for the sole purpose of discussing the FinCom memo.

She said she cannot be successful in her duties all on her own, and that she relies on the field expertise of the department heads while seeking out grants for which the Town may be eligible.

“I haven’t had cooperation from that end,” Marean told selectmen. “I don’t hear back and I follow up and I don’t hear back and I assume they’re not interested.”

Finance Director Judith Mooney defended other department heads, saying, “We try to tell you what we’re looking for. What we want specifically.” Mooney added that there was discussion about offering Marean an office space at the Town House and office hours one day a week to foster better communication for the grant writing process, but that has not yet happened.

Mooney said Marean needed to learn more about what each department head’s specific duties are so that Marean knows where to turn for the information she needs to go after specific grants.

Mooney pointed out that for much of the time Marean has been employed, she confused the treasurer with the finance director.

“It definitely needs that communication and the follow-up from that end,” said Mooney. “As a department head, we’ve tried to communicate what we’re looking for. We’ve tried to convey what we do.”

During a follow-up interview, Marean said she feels she has more than paid for her salary in grant monies she helped the Town acquire – to the tune of $1,019,000 over just about two years on the job. She said she works 20 hours per week as Marion’s grant writer.

“I research for hours and hours each week looking for grants to apply to,” she said. “One of the problems with the job right now is I’m not getting any feedback.” She said the only way she can do her job better is if other town employees work with her.

After the meeting, Dawson said the number of grants the Town has acquired since Marean began her employment has remained steady and has not increased significantly.

“Department heads did and still do apply for grants,” said Dawson. “I’d say grants have not changed significantly since we created the position.”

Selectman Jonathan Henry argued that the selectmen have not been included in the budget process up to this point, adding that the selectmen might not agree with FinCom’s recommendations at all.

“When do we get involved with the thought process?” asked Henry. “I mean, it is the Selectmen’s budget.”

Historically, this is just how it has always been done, stated Dawson.

“I don’t want to just blindly walk into a budget reduction,” said Selectman Stephen Cushing. ”It’s obvious we’ve had some success,” adding that perhaps some people have expected immediate success from Marean instead of giving her some time to establish herself and show results.

“There’s really not a hell of a lot more to cut,” said Henry, in response to Chairman Jonathan Dickerson’s emphasis that, for years, the Town has been maintaining a level-service budget. “Does it make sense to cut off our nose to spite our face?” asked Henry.

The Board of Selectmen voted to attend the next Finance Committee meeting on March 12 to discuss cutting the grant writer position from the budget. In the memorandum, Finance Committee Chairman Alan Minard wrote that the committee is shooting to have a completed FY15 budget approved by March 12.

By Jean Perry

A collective sigh of relief should have been audible when recently the U.S. House of Representatives voted to pass HR 3370 and when the Senate passed their equally important bill S1926 that echoed similar language, both of which curb some of the financial pain residents in coastal flood zones have been anticipating and experiencing. The house bill highlights include: reinstatement of grandfathering; caps on annual rate increases to 15%; refunds to policyholders who purchased pre-FIRM homes after Biggert-Waters (July 16, 2012) and were subsequently charged higher rates; and funding for an affordability study with mandated completion.

Marshfield has held the charge against the severity of the Biggert-Waters Act in Massachusetts. Their website notes that “…rates may still spike should homeowners not in a flood zone now get mapped into a flood zone…” and points to the FEMA maps which many residents and towns feel are out of whack with reality.

And everyone impacted – from homeowners to realtors to insurance companies – are seeking a way to end the drama and find a solution that all may live with.

The Insurance Journal’s website, www.insurancejournal.com, recently posted: “The U.S. House of Representatives…passed legislation to curb some of the premium increases in the nation’s flood insurance program that have been causing “sticker shock” for property owners.

H.R. 3370, the Homeowner Flood Insurance Affordability Act, sponsored by Reps. Michael Grimm (R-N.Y.) and Maxine Waters (D-Calif.), passed 306-91 under a “suspension of the rules” requiring a two-thirds vote in favor. The measure reverses some of the changes to the National Flood Insurance Program (NFIP) introduced by the Biggert-Waters Flood Insurance Reform Act of 2012.

The Senate passed its version of flood insurance legislation, S. 1926, in January by a 67-32 vote. The Senate bill takes a broader swipe at the NFIP and delays most of the reforms and increases of the Biggert-Waters law for four years.

However, key senators, including Sen. Robert Menendez, (D-N.J.), the sponsor of the Senate version, said they would accept the House bill.

Mattapoisett has a new committee that is following these events and strategizing ways to re-visit FEMA mapping that may aid residents staring down the barrel of escalating flood insurance rates. I recently spoke to Bill Cantor who is a member of the Mattapoisett Flood Plain Committee.  Cantor said that the committee met with Mike Gagne, the town’s administrator, at which time they hosted a meeting with an engineering firm. The engineering firm was brought in to brainstorm methodologies that may help the town prepare a rebuttable to the FEMA maps currently in force. These maps have placed some residences in jeopardy of extreme insurance rate spikes. Cantor said that the committee suggested to Gagne that by having engineering surveys completed and coupled with the assessor’s LOMA mapping (Letter of Map Amendment), they would have a viable opportunity to reverse some of the decisions the FEMA mapping has brought to bear.

Of the recent legislative actions Cantor said, “It delays things but it doesn’t make it go away…” He said that if relief for coastal communities doesn’t come to pass, the value of those homes are likely to plummet, forcing residents to seek property tax relief. If that happens, Cantor said that property in the interior will become more valuable, thus pushing those tax rates up. “Everyone will feel the pain,” he said.

Cantor said his committee will be using tools to look for errors in the FEMA maps that may help some homeowners. It now appears that for the spring town meeting, Mattapoisett voters will be asked to fund an engineering study that will aid the effort to get flood mapping to the point of being acceptable to the community. If documentation is produced that makes a compelling case to amend the FEMA maps, Cantor said, the town can then complete a process to request a review of FEMA mapping and ask for adjustments that may help some, but not all, in Mattapoisett.

By Marilou Newell

Near the end of the Mattapoisett Board of Selectmen meeting on March 11, Selectman Paul Sylvia asked Town Administrator Mike Gagne to confirm or dispel a rumor that he had heard. This rumor concerned a cyber theft that occurred in 2011 from the ORR School District electronic financial accounts and resulted in the loss of $600,000. Gagne said that he had discussed the rumor with a school committee member and then called District Superintendent Douglas White. White confirmed to Gagne that a cyber hacking had resulted in the loss of the money to one of the accounts. FBI and the Attorney General’s office were both contacted at that time. Through their investigations, all but $34,000 was recovered. Gagne did not have any additional information and told the member of the press to contact White for further clarification.

Sylvia said he found it disturbing and disappointing to learn three years later that this crime had occurred. He said that the Tri-Town governments should have been made aware of the event, if for no other reason than to ratchet up vigilance of their own electronic accounts. Gagne agreed and noted that everything is done electronically, including state aid transfers. No further information was made available to Gagne. As members of the media pressed him for more information, he reiterated that questions should be posed to Superintendent White.

Earlier in the evening, the selectmen approved an expenditure of $2,000 to cover outstanding snow and ice removal costs.

Gagne reported to the Board that negotiations with police union representatives had gone very smoothly, and he thanked them for their work. Their three-year contract was signed. He said that the FinCom meetings with department heads are nearly complete and that for purposes of the 2015 budget, they are using the 2014 state aid funding number versus the figure proposed in the Governor’s 2015 state budget.

Regarding the recent tax title sale, Gagne reported that of the 12 properties presented at the auction, 11 were sold for a total of $323,000 going to the town coffers. This money will be earmarked for the ongoing roadway repairs that voters committed to through town meeting votes. On the theme of road repairs, he also said that Mass DOT recently visited Mattapoisett and took a tour of Main Street, Water Street, Beacon Street, and Marion Road since those are the streets the town is preparing to repair. Gagne continued that he has been meeting with Highway Surveyor Barry Denham to come up with an estimate for the engineering survey needed prior to beginning work. Part of the road repairs will include sidewalks – both repairing those currently in place and possibly constructing new ones – where viable.

Gagne then reported that Blue Wave LLC and EMI have continued their conversations and have developed a partnership in an effort to assist with NSTAR’s grid upgrades that are necessary before full completion of the two solar project scheduled in town can occur. Blue Wave is working on a commercial solar farm on Tinkham Hill Road, while EMI will be developing a solar farm at the closed landfill site on behalf of the town.

Gagne’s report also included the encouraging news that the legislatures have passed bills that pave the way for delays in full implementation of flood insurance increases. He urged the public to support the bills, contact their representatives, and lobby hard so that voices will carry all the way to the White House. The final hurdle for this relief requires the President’s signature. Gagne also asked the public to visit the town’s website for complete up-to-date information on this important topic.

Sylvia and Gagne also discussed the Buzzards Bay Coalition property – locally dubbed ‘The Bogs’ on Acushnet Road – that now allows dogs to run free while under the control of owners. This is the only public space in Mattapoisett that allows dogs to be off leash.

Also discussed was a notice from Division of Marine Fisheries that announces the availability of grant money for recreational fishing activities. Gagne asked the public to contact him at mgagne@mattapoisett.net for more information on this opportunity and to share their ideas on how the town and residents might want to use such funds.

NSTAR will be applying herbicides along power lines and natural gas rights-of-way in the coming weeks. Residents with sensitivity to such chemicals should contact the selectmen’s office. The town will then contact NSTAR and inform them of areas where such chemicals should not be used.

Three new members to the Recreation Committee were greeted by the selectmen at the beginning of the evening. The new members are Michael Moreau, Kaitlin Keegan and Charles Rider.

Jeremy Collier, Chairman of the Recreation Department, and Director Deb Allaire presented their annual report to the selectmen and the summer season plans. After noting all of last year’s accomplishments, they discussed the variety of programs now available to the community. From youth day programs to swimming lessons for infants through senior citizens, from cooking classes to adult softball and much more, the list of recreational activities was viewed as impressive. Registration for summer day programs will be held on March 26, April 1, and May 3 at Center School. Complete information is available on the town’s website, www.mattapoisett.net.

On Sunday, March 30 at 12:00 noon, the Mattapoisett Fire Station will host the annual rabies clinic. The fee is $12 for males or females, $9 for animals that have been spayed or neutered.

2014 transfer station stickers are now available from the Board of Health and are free to residents 65 years or older.

Finally, the town is still seeking members for the Council on Aging Board. Anyone interested should contact the COA office at 508-758-4110.

The next Board of Selectmen meeting is scheduled for March 25 at 7:00 pm.

By Marilou Newell

After several hours of discussion, Leisure Shores remains at an impasse with the Mattapoisett Conservation Commission. Previously the applicant, Robert Ringuette, through his representatives reached a consensus on what he needed to do to bring the business into compliance. The two main areas of concern are: 1) replacement of syrofoam floats that have been fouling the wetlands for decades, and 2) clean-up of wetlands that have been negatively impacted as well as cleaning upland spaces that were used to store boats, or as parking areas or as dumping grounds.

On this night Ringuette had hoped to secure an order of conditions from the commission. But that request was not granted as the committee members felt  he was not sufficiently committed to getting environmental issues resolved sooner rather than later, specifically replacement of the problematic syrofoam floats.

Chairman Newton said that the offer to replace all syrofoam floats within five years wasn’t aggressive enough. He requested that Ringuette agree to replace at least 50% of floats by the end of two years. The floats need to be replaced using the more environmental sound encapsulated pvc or concrete style now readily available.

Ringuette’s representative Attroney Shephard Johnson told the board that he could not agree to that commitment without first discussing it with his client. Johnson said that his client felt a five year plan was, in fact, aggressive given the magnitude of the work that needed to take place and the costs. He also noted that the lack of state regulations for float materials meant there wasn’t any enforceable mechanism ConCom could use to force Ringuette to replace any floats. With the vast amount of documentation ConCom has collected that clearly indicates damage to the wetlands from the eroding floats, they disagreed with Johnson’s fine point. They also could umbrage to a proposed masterplan for overall clean up which included financial implications for Ringuette.

Earlier in the discussion Johnson had shared Ringuette’s prepared scope of work in the form of a masterplan that included business plan assumptions. These assumptions would need to transpire before Ringuette would be able to invest in the long anticipated work at hand. The board felt that such business planning did not belong in a restoration and clean-up plan. They felt he was responsible to get the work done regardless of the manner in which his business model operated. Commission member Bob Rogers said that most businesses would go to a bank and get a loan. Johnson said that at this point in time Ringuette’s financial situation was quite dire.

In attendance once again was Korrin Petersen, Senior Attorney for the Buzzards Bay Coalition, accompanied this time by Elinor Tanow, environmental attorney with the Havard Law Group. Petersen said that the coalition supported the commission’s request for a more fast-paced wetlands clean up than that offered by the applicant. She also said that monthly sweeps of the wetlands for clean up and compensation for damage that has occurred were paramount. The compensation she added could be in the form of supplemental clean up, or a supplemental environmental program to offset permanent damage that has occurred to the fragile wetlands.

Horce Field, former harbormaster spoke about his attempts several years ago to get Ringuette to replace the degrading floats. He became emotional when trying to describe how difficult that challenge had been and failing to get compliance that he knew was so important for the protection of the wetlands.

For his part, Ringuette has begun monthly clean up of surrounding wetlands using various heretofore untried methods to remove not only large pieces of syrofoam but also the tiny beads the material breaks into. Petersen was concerned that ‘vacuuming’ might only do further damage to the fragile eco-system including sucking up bird eggs and disturbing nesting areas. Clearly science hasn’t been developed to handle the massive clean up needed as she noted “no one” knew the best course of action.

“If we can get float replacement going that is what we are trying to achieve,” said Newton. But in the end all that happened was another two week extension to give Ringuette time to prepare a plan the commission might accept and to give Johnson time to try and convince his client to a shorter float replacement timeframe. What they were able to agree upon was that when Leisure Shores returns on March 24 they will return with a clean-up plan that does not include business financials. Johnson was also told that there isn’t any reason why Ringuette can’t start replacing floats immediately.

In other business at the beginning of the evening Jay and Julie Duker of 112 Aucoot Road came before the board to show their plans for a new home and swimming pool they wish to build on the property. Due to the placement of the septic system they were told they needed to review the project with the Board of Health first before the conservation commission could approve their request. They will return on March 24.

Timothy Ray of 1 Pine Wood Way received approval of his plans to replace a septic system, while Richard Warren of 7 Pico Beach Road received approval of his plan to raze the current structures on that site and build a new home.

Daniel DaRosa of 3 Goodspeed applied to the commission for an amended order of conditions so that the as built plans would include a semi-permanent kayak raking system situated in an area that has been planted with beach grasses. In previous hearings the commission had struggled with the homeowners over massive construction work including the movement of sand and stones in areas designated as ‘no touch’ spaces. Circumventing the ConCom, DaRosa eventually received DEP approval for that work. With hesitation that was very apparent from some of the commission members, the applicant’s request was approved.

And finally Blue Wave LLC’s request to amend their commercial solar farm plans presently underway on Tinkham Hill Road was explained by the commission agent, Elizabeth Leidhold. The updated plans now include a two-phase project covering a slightly larger percentage of the available acreage and a gravel roadway that is greater in width then originally proposed. The commission felt and the agent concurred that the plan changes were minor. The amended plans were approved by the commission.

The Mattapoisett Conservation Commission will meet again on March 24 at 6:30 p.m.

By Marilou Newell

Mattapoisett School Committee members took action on March 10 to prevent further school lunch accounts from accruing overdue balances by adopting a new policy that limits delinquent lunch accounts from charging more than a total of five lunches. After that, the account will be frozen and the child will be offered an alternative lunch of either a cold cheese sandwich or peanut butter sandwich and milk until the account is paid off.

Food Service Director Caitlin Meagher told the committee that a similar policy has been in place at the junior high and high school, but with a maximum allowance of three charged lunches.

“Really, Mattapoisett is pretty good with the negative lunch accounts,” said Meagher.

Presently, at the Center School, there are 44 accounts overdue, totaling just under $500. At Old Hammontown, 12 accounts are delinquent, totaling $42.

Meagher stated during a follow-up interview, “In our district it’s not a huge problem, but in other districts it has become an issue.”

Meagher explained that the alternative lunch of either a cheese or peanut butter sandwich is preferred because the United States Department of Agriculture (USDA) donates cheese and peanut butter to the federal school lunch program, which will help mitigate the cost to the district for providing the lunches.

When asked if there is any concern over social consequences to some students receiving the alternative lunch, and whether they might appear singled out, Meagher replied, “It’s tricky with the little ones. We obviously don’t want to upset them.” She said the older students at the junior and high school do not seem bothered by the alternative lunch, but it has not yet been tried at the elementary school level.

“Obviously we’ll be sensitive to the kids,” said Meagher. “And I’m hoping it doesn’t become obvious, because peanut butter and jelly sandwiches are always a choice … It’s not that their eating something completely different.”

Committee Chairman James Higgins called it “a reasonable procedure,” in addition to the fair notification Meagher sends out weekly to parents to inform them about the status of delinquent accounts.

“And I think it’s good they have an option with the alternative lunch,” said Higgins.

Parents were reminded that they can apply for free or reduced lunch at any time throughout the year, and Meagher will soon begin including information about applying for the free/reduced lunch program along with the account delinquency notices she sends to parents.

In other matters, the committee approved the $6, 092, 177 fiscal year 2015 budget, up $109,770 from FY14.

The first draft of the FY15 budget initially called for an increase in spending of $423,787 above the FY14 budget, but two teaching positions for which the committee strongly advocated ultimately had to be removed from the budget.

“As we moved through the [budget] process,” said Superintendent Doug White, “we’re pretty much stable with our current staff.”

We had to be realistic, though, said Higgins.

“It’s a very reasonable amount and a very good budget,” said Higgins. He later added, “Things can change as time goes by, and more [state funding] could become available.” He continued, “My hope for advocating for a second second-grade teacher is not all lost…but we have to move forward with what we have now.”

“It’s a budget that…a lot of hard work has gone into,” said White. He added that this number is what it will take to “maintain and increase the level of educational services to our students.”

Also at the meeting, the committee accepted the donation of a wooden shed no longer needed by the Police Department, which will be moved to Old Hammondtown.

The committee also accepted a $3,000 donation from the League of Women Voters for sixth-graders to participate in a water steward project, an educational program that teaches students about water, water consumption, and water resources.

Assistant Superintendent Dr. Elise Frangos, a member of the League of Women Voters, highly praised the year-long project, which will have students taking field trips to attend presentations, and also producing public service announcements on water consumption, interacting with local town government figures, and writing short stories.

The next Mattapoisett School Committee meeting will be on April 14, at 7:00 pm at the Center School.

By Jean Perry