Little Progress at Second Solar Hearing

Although the two sides inched closer together during two nights of public hearings, the Planning Board and Energy Management Committee failed to reach consensus on Marion’s proposed Solar Bylaw.

As has been the case since the Board of Selectmen signed off on its inclusion in the warrant, the bylaw – which formalizes the process for installing residential solar arrays and recommends a Municipal Solar Overlay District – is in the hands of Town Meeting goers in May.

But the EMC had been seeking the imprimatur of the Planning Board to ease the policy’s passage, while the Planning Board insisted on changes ranging from tweaks to overhauls in the bylaw before issuing an endorsement. Although tensions between the boards have eased, that endorsement never came after three and a half hours of community input and discussion Wednesday, April 17. The third public hearing scheduled for Thursday, April 18, has been cancelled.

“We’ll let this play out at Town Meeting,” said Planning Board Chair Jay Ryder. “We’ll present a letter with our recommendations, and the chips are going to fall where they will.”

Planning Board members Pat McArdle and Ted North, the latter the most vocal opponent of the Solar Bylaw, were absent from the second night of public hearings. Although the testimony from residents on Wednesday was overwhelmingly in favor of the bylaw, its fate seemed as uncertain as ever at times, with talk of postponing consideration until the fall escalating.

EMC member Jennifer Francis dismissed this possibility.

“The reason we’ve made as much progress as we have is because we had a deadline: spring Town Meeting,” she said. “Our intent was not to go off and do this on our own. We did the best job we could, and we really felt like we came up with a solution. We can delay it again and again and again and never get there.”

The next Planning Board meeting is scheduled for May 6, during which time one aspect of the Solar Bylaw could be revisited: a broadened special permit requirement for all ground-mounted residential solar installations that the Planning Board has unanimously called for and that the EMC has up to this point resisted. Although it is unclear whether such an amendment could be attached to the bylaw in time for the Town Meeting – and what form that change would take – officials speculated about the possibility of presenting the bylaw for passage at the Annual Town Meeting, along with a provision implementing a special permit for a fall Town Meeting. “We can’t just agree in principle,” Ryder said. “We have to agree to something in writing.”

The Planning Board favors a special permit requirement because it provides a “meaningful vehicle for neighbors to weigh in,” according to member Tom Magauran, while Francis opposes it for the burdens it would place on applicants.

Marion resident Dan Cooney agreed.

“We should be doing everything we can to be leading the state when it comes to solar,” he said. “A special permit is a big deal for people with kids and jobs, who might not have access to an architect or a friend who is a lawyer. It’s time and money.”

Planning Board member Steve Kokkins argued that the “main issue is being able to have abutters as a formal part of the process, and the different shapes, sizes, and locations of lots. It’s about the flavor of Marion, and being able to evaluate each individual applicant’s situation.”

Kokkins and Magauran referred repeatedly to the challenge of ground-mounted residential solar installations’ recent emergence.

“These are still unfamiliar,” Kokkins said. “Maybe in 10 or 20 years, they’ll be much more familiar.”

But Marion resident Ted Brainard rejected this line of reasoning.

“I’m baffled being here two nights now that we can’t get together and solve this problem,” he said. “You have a very good spec in front of you. Solar has no smoke, no smell, and no noise. The only thing is sight, and they’re going to be screened.

“I suspect that there are audience members and board members who want to kill solar, and a special permit is the perfect place to kill it,” Brainard continued. “I don’t want to see renewable energy cut down like this. If I want renewable energy, I want it.”

Later in the evening, the Planning Board scrutinized the second half of the Solar Bylaw, which would authorize the creation of a Municipal Solar Overlay District on 50 acres of town-owned capped landfill. The overlay could lead to a community solar garden serving residents who lack a suitable solar site or do not possess the resources to purchase equipment.

Francis explained that the capped landfill is an “excellent solar location” because it is a “wasteland” near a power grid, already cleared, and has no shading.

“The overlay eliminates a need for a special permit,” said Francis in her presentation, “but still provides strict oversight via site plan review and DEP post-closure permit. The town would not pay for the DEP permit; the state would.”

The plan would be modeled after Brewster’s successful solar garden, and utilizing the landfill would satisfy one criterion in a potential Green Communities accreditation for Marion, should the town seek such status.

But the specter of the lack of a special permit process returned.

“The risks are low, but they’re not zero,” said Magauran, referring to the possible puncture of the underground waste membrane. “The problem for the board is the by-right. There are tens of millions of dollars of liability on that capped landfill. Who’s going to be responsible for that? Not the developer. The town. This is new stuff. I have no problem with it whatsoever, but I do worry about that landfill. Do it somewhere else.”

Citing similar projects in Fairhaven and elsewhere and noting the fact that the solar installations are lighter than vehicles that traverse the land, the EMC minimized that possibility.

“It’s not as if some green fog is going to float out and consume the town,” said Chair Bill Saltonstall.

Still, the Planning Board expressed serious concern that Marion might be cut out of the process, aside from leasing the land to the developer, and that some residents could be left out given the solar garden’s limited capacity. With various members voicing various problems with the proposal, it became clear that the board’s support of the Municipal Solar Overlay District is unlikely at best.

As the night drew to a close, Claude Hoopes, a supporter of the Solar Bylaw, advised Francis and the EMC to “find answers” before the Town Meeting, fearing for its passage as “larger questions and fear of the unknown linger in the conscience of the citizenry.”

If a bylaw fails to receive a two-thirds majority at Town Meeting, officials may not resubmit it for two years.

The next Planning Board meeting is scheduled for May 6. The Town Meeting begins May 13.

By Shawn Badgley

Hathaway Pond Fish Ladder Fund Raiser

The efforts have been relatively quiet for the past year in regards to activities and news for the Hathaway Pond Dam property.

The “Save Hathaway’s Pond” effort was a success and since Fall 2010, a lot was going on in the background between the Buzzards Bay Coalition (BBC) and Beaton’s Inc.

At this point, the property on which the dam sits has been conveyed to Beaton’s Inc.

One of several conditions to bring about the change in ownership was that an improved fishway be incorporated into the dam. To that end, Douglas Beaton contracted with EA Engineering, Science and Technology from Warwick, R.I., to design plans for a new fish ladder to be installed in one of the spillways of the dam. The plans were to incorporate a 10-foot section of aluminum Alaskan Steeppass that would be provided by the Massachusetts Division of Marine Fisheries (DMF). Alewives Anonymous, Inc., had requested that a means to adjust the flow of water be built into the design in order to operate the ladder at its optimum level. This has been done, and the completed plans and the project were presented to the Rochester Conservation Commission (RCC) for an RDA hearing March 5. The project was accepted and construction could begin with an anticipated completion date of April 1, just in time for this year’s spring migration of the herring. An unforeseen problem arose when it was discovered there was bedrock not far below the river bottom, and it would not be possible to install pilings to support the exit end of the ladder. The engineer provided an alternative design using a concrete block and the change was approved by the RCC, along with a requested extension of the completion date to April 15. If working conditions are not favorable in that time frame, the installation will be done in late summer.

Alewives Anonymous has launched a fundraising campaign to solicit financial support from our members, those who supported the Save Hathaway Pond petition, area residents, sportsmen and everyone who can appreciate the benefits of a successful herring population in the Sippican River.

The herring’s lot in life is to be a food source in the marine environment. A female will produce from 80,000 to 100,000 eggs. From those many eggs, only several adult herring will return to spawn at age three or four. From the time the eggs are released in the fresh water spawning pond, consumption begins. Everything from fish, water birds, striped bass, bluefish, seals, etc., look for herring as it goes through its life cycle. The herring fry are primary food source for the endangered Rosette terns.

Tax-deductible donations may be made to Alewives Anonymous, Inc. Please include on your check memo line “Hathaway Pond Fish Ladder Fund” and mail to Alewives Anonymous, Inc., Arthur F. Benner, 319 Cushman Road, Rochester MA 02770.

All donations will be acknowledged with a thank you note from Alewives Anonymous.

ORCA Puts a Positive Spin on Clubs

A new club has surfaced at ORRHS after 30 students attended a Leadership Against Bullying conference at Bridgewater State University. Inspired by the conference, the students took the initiative to form ORCA, the Old Rochester Committee for Action. Paired with advisors Mr. Jenkins and Mrs. Perry, the club aims to stop bullying in the school and create a better environment.

While there is no “club leader,” club members Emily Hyde and Madeline Cafarella took the time to answer questions about the new club. Hyde, a junior, says the aim of the club is to “stop bullying and promote positive change around Old Rochester.” Cafarella, a freshman, added, “Our goal is to encourage a positive environment and to promote happier, kinder students.”

While the club is still in its early stages, it already has some long-term goals, according to Hyde:

“We eventually want to hold events and do school-wide projects. We want to include the whole school to spread the positive change as best we can.”

While they know what they wish to do long term, they have yet to reach the planning stages. As Cafarella put it, “We are still in the infancy stage. This is only our third meeting together as a club.”

While 30 students attended the seminar, the club only has about six members as of right now. According to Hyde and Cafarella, the onset of spring sports practice every day has interfered with club attendance.

The club is looking for more members for ORCA. They meet every Thursday right after school in the guidance office. For more information, see Mrs. Perry, Mr. Jenkins or any of the members of the club.

By Jessica Correia

Top row (l-r): Jillian Sethares, Alex Carr, Morgan Browning, Bottom row (l-r): Madeline Cafarella, Kate McGraw, Emily Hyde


Uninvited Dinner Guests in Your Garden

Oh, winter-weary gardener, fear not; spring has arrived with its mixed bag of warm balmy days and gray snow showers blended with a touch of bone-chilling rain. But alas, we know that all we have to do is wait, and those delicious days of warming sun and sprouting flower beds will melt our frozen souls. We hale and hearty New Englanders know how to persevere. We are tough, persistent, and oh so very patient. Are we not?

So, when after months of winter slumber and paying high heating bills we at last shrug off one layer of fleece and search for our garden gloves, we are ready to get on our knees and dig in the dirt.

But, what is this? Something has eaten away at the budding trees and consumed every ripe, red tulip. The hosta leaves, once so green and full of lush promise, are gone. And the Asiatic daisies have been chewed down to the mulch line. Oh, my aching heart cries out, “Not again!”

Yes, again. If you, like I, have foolishly cultivated flower beds in the migratory munching path of deer, you know of what heartache I speak. Deer are merciless as they maraud through well-groomed yards. Their gentle tiptoeing persona isn’t to be believed. They are out to eat from the salad bowl known as your backyard. When you go into your garden full of sweet innocent anticipation and find that deer have invaded your beautifully landscaped flowerbeds, you’ll clutch your hoe and, in warrior stance, proclaim, “Let the games begin.”

I’ve been gardening my plot with mixed success for two decades. I’m a slow learner. But now I fully appreciate the need to work with Mother Nature, whose bounty includes plants deer won’t find so tasty.

This year, I’ve taken the time to educate myself and sought counseling from local garden experts. A visit to a few websites was extremely helpful, and there is exciting news. We can have beautiful gardens full of texture, color and variety with the added bonus that deer won’t find them yummy.

You have a big investment in your property, so it’s important that the information you use has been vetted. First and foremost, take the time to select only plants that have been scientifically proven as deer resistant. To name a few, try dwarf Alberta spruce, Devil’s walking stick, blanket flower and bleeding hearts. There is catmint, peonies, yarrow, ferns, and American or sharp needle holly. Ornamental grasses do well along with pachysandra and bamboo.

Steve Gonsalves, co-owner of Eden’s, suggests Skip Cherry Laurel, a type of flowering bush that grows as much as 2 feet per season. These magnificent bushes make a lovely natural screen for borders or privacy. A member of the cherry, or prunus, genus, this is an evergreen variety originally from southeastern Europe and Asia Minor. It produces flower spikes in April and May known as “racemes,” and is well-loved for its endurance and deer resistivity. Gonsalves also uses Russian sage, vinca vines, boxwoods and Chinese ginger in garden designs.

Tim Ramey of Horticultural Creations shared with me that arborvitae, roses and rhododendron are all favorite snacks for our deer neighbors. He selects mountain laurel, Japanese Andromeda (pieris) and leucothoe for local landscapes.

Both gardening experts caution, however, that in a very difficult winter season, if feed is hard to come by, deer-resistant plants may suffer some damage.

A visit to www.masshort.org will give you access to a world of knowledge on the subject of plants that resist the hungry temptation of deer. Their hotline number is: 617-933-4929. Or, you can go to www.mass.gov and click on Energy and Environmental Affairs, which contains useful information to help you in your quest. But probably the final word on the subject of deer-resistant plants can be found at www.rutgers.edu/deerresistance, where an A-to-Z list is waiting for you. Armed with all of this data, you’ll be ready to build gardens that can withstand Bambi’s advancing troops.

If you are planning a vegetable garden, you’ll have to provide the ultimate in deer protection, a 6-foot or taller fence. There is simply no way to ensure your lettuce, peas, kale and broccoli won’t serve the nutritional needs of the deer if left unguarded.

For those of us who have shade garden spaces loaded with tasty hosta and day lilies to die for, we’ll need to resort to spraying these specimens with deer repellants. There are many varieties available, and they all smell equally repugnant. The more expensive brands work, as well as some lower cost solutions, so shop around until you find one that meets your budget. Using repellent sprays is a true labor of love as you’ll need to reapply frequently, especially after each wash down by rain.

In summary: Have courage, fearless gardeners. Use a three-pronged approach for harmonious cultivation.  First, replace damaged plants with ones that won’t interest deer; second, install 6-foot fencing around tender veggies or other floral investments; third, spray deer repellants on plants that are susceptible to being eaten. Garden on dear reader, garden on … What the X%@#&*?! Is that a woodchuck?!

By Marilou Newell

Body Identified in Mattapoisett

The identity of a body that was found on a beach in Mattapoisett on Saturday April 13 was found to be 39-year-old Scott Kilroe of Wareham. Mr. Kilroe was first reported missing on February 12 and at the time the police reported that there were no signs of foul play at his residence and that his vehicle was in the drive way.

Project Focuses on Lyme Disease

When UMass-Dartmouth Nursing student Carley Lakritz undertook a health promotion project on Lyme disease as part of her community clinical requirement, she jumped at the opportunity to center her studies on Marion.

“Lyme disease has been very prevalent in the Marion area due to the highly dense forest areas that surround the town,” Lakritz said. “This is tick season, so therefore the disease prevalence will only increase during the summer months … Lyme disease is a reportable disease, which is why it has always been an interest to me.”

Lakritz, a junior, has a gained a local mentor along the way.

“I am working with Kathleen Downey, who is the town nurse of Marion,” she said. “She is my preceptor for my community clinical this semester. I am assigned to focus my attention on what I think the town of Marion needs health-wise. Nurse Downey has been helping me with my project.”

Lakritz’s objectives include spreading education, awareness and preventative recommendations on the endemic. She believes providing a common-sense refresher to the public on Lyme disease is crucial to her efforts.

Her list includes such early signs and symptoms as “bulls eye rash” (erythema migrans), occurring in 80 percent of cases, a red ring-like or expanding rash from the center of a tick bite outward, which is not always circular; fever, muscle aches, headaches, swollen lymph glands, fatigue, mild neck stiffness, facial paralysis, chills and joint pain.

Meanwhile, “Late symptoms may not become apparent until weeks or years after initial infection,” Lakritz explained, and can include arthritis (commonly large joints such as knees and shoulders); joint swelling and pain that may be recurrent; severe fatigue and malaise; nerve pain, including numbness and tingling, peripheral weakness and Bell’s Palsy; as well as meningitis and cardiac problems.

Lakritz advised residents to keep their grass and plants around stone walls cut short, remove leaf litter and brush, prune low-lying bushes to let in more sunshine, and keep woodpiles and bird feeders off of the ground and away from the home.

She also suggested using a three-foot-wide woodchip, mulch or gravel barrier where the lawn meets the woods, reminding children to not cross the barrier. In addition, she cautioned against plants that attract deer, and to utilize deer fencing and pest control.

When it comes to personal prevention, Lakritz stressed vigilance in checking oneself for ticks daily, especially between the toes, the backs of knees, groin, armpits, neck, along the hairline, and behind the ears; checking children and pets; sticking to main pathways and trails when hiking; wearing long-sleeved, light-colored shirts and pants tucked into socks; and using repellents containing DEET 30 percent, which is considered safe for children and adults.

“I would like the public to know the importance of identifying and confirming the presence of Lyme disease,” said Lakritz, a Longmeadow native hoping to work as a nurse in on a neurology unit at Hartford Hospital upon graduating from UMass-Dartmouth. “Early detection can help prevent chronic complications of Lyme disease. Going to your doctor as soon as you recognize the symptoms is very important.”

By Shawn Badgley

Marion Arbor Day 2013

Spring is here again, and it is time to get outside and enjoy nature! The Sippican Lands Trust and The Trustees of Reservations, in collaboration with the Marion Tree and Parks Committee, the Charles Washburn Trust and the Marion Recreation Department, will be hosting a Marion Arbor Day celebration on April 27. The TTOR has generously donated native Atlantic White Cedar saplings to be re-introduced on our town properties! The event is free and open to the public, with many family-friendly activities planned throughout the day. Come out and join the fun!

The festivities of Marion Arbor Day will be held from 10:00 am to 3:00 pm in two separate locations. Activities will begin at 10:00 am at the SLT’s Brainard Marsh property, located off of Delano Road. At this site, there will be a ceremonial tree planting of native Atlantic White Cedar saplings, native wildflower planting, face painting by Handy Mandy, and a story walk entitled “The Busy Tree” by Jennifer Ward for little ones.

The event will continue at Washburn Park at 12:00 pm. Here, there will be a presentation by TTOR about the history of the Atlantic White Cedar and their program for re-introduction of the species in Massachusetts, followed by a second ceremonial tree planting of saplings. A Carabiner’s climbing wall, a “Touch a Truck” play area, music by the Falmouth Fiddlers, a tree-themed coloring table, an opportunity to learn more about the hosting organizations and a Bird Walk by Priscilla Bradley at 1:30 pm will be happening. Food and refreshments will be provided by Cumberland Farms and Rose and Vicki’s.

In honor of Arbor Day, anyone who becomes a new member of the Sippican Lands Trust will receive a free signed copy of the book The Untouchable Tree: An Illustrated Guide to Earthly Wisdom & Arboreal Delights by local artist and author Peter Stone.

On behalf of all the groups hosting Marion Arbor Day 2013, we would like to thank the local businesses and sponsors who have generously supported this community event!

For more information, call 508-748-3080 or email robinshields@sippicanlandstrust.org.

ORR Boys’ Lacrosse

ORR dropped to 3-2 (1-1) on the season with a 10-5 loss to visiting Apponequet. Leading the way for the Bulldogs was freshman Chris Nadeau, who had two goals. Also contributing goals were Chris Marchisio, Peter Krause and Chad Santello.

Lax Fest 2013! May 11, 12:00 to 4:00 pm: The ORR Bulldogs will take on the Fairhaven High School Blue Devils on May 11 at Old Rochester Regional High School. The girls’ varsity teams will play at 12:00 pm and the boys’ varsity teams will play at 2:00 pm. There will be concessions, a moon bounce, stick stringing, a shot clock competition and merchandise sales. This event, sponsored by Old Rochester Youth Lacrosse (www.orylax.com), will be fun for the whole family!

Questions? Please contact Jennifer McIntire (508-758-3803 or mac1990@verizon.net).

Elks Students of the Month

We congratulate senior, Karen Gonneville (left photo) of Rochester for being selected by the Old Rochester Regional High School faculty and staff as Student of the Month for April. Karen does not let someone else’s perceived limitations define her. Karen is one of the hardest working students I have ever come to know.  She is taking college courses in addition to her high school studies and has a great involvement in her church.  Karen is very helpful around the classroom and always has a smile and a kind word.  She is very deserving of this honor.

We congratulate senior, Nicholas Pacheco (right photo) of Rochester for being selected by the Old Rochester Regional High School faculty and staff for Student of the Month for May and Student of the Year. Nicholas represents what an ORR student is all about. He is an athlete and class aide and a great role model for the younger classes.  Nick has no problem taking charge and making sure everyone understands the class lessons.  He is a wonderful student to have in class and is an asset to the ORR community.

The Elks of Wareham Lodge NO. 1548 sponsors the Elks Student of the Month and Student of the Year Awards for students enrolled in local area high schools.  The criteria used in nominating a student includes a student who excels in scholarship, citizenship, performing arts, fine arts, hobbies, athletics, church, school, club and community service, industry and farming.

Officials Discuss Recycling Facility

Representatives from Green Seal Environmental of Sagamore Beach presented the Rochester Conservation Commission on Tuesday night with plans for the proposed 7-acre recycling facility along Cranberry Highway on 60 acres of land owned by Shawmut Associates LLC.

Green Seal’s Peter Flood said that the company will replace the existing 35,000-square-foot structure on the land with a 89,000-square-foot, state of the art facility complete with a massive solar array, new septic system, and revamped access roadway.

“This will be a significant upgrade and redevelopment,” he said, adding that the elimination of windblown litter, odor, and dust with a complete enclosure will mean a “net benefit for the environment.” The facility will adhere to the 100-foot buffer zone from surrounding wetlands.

Green Seal engineer Gary James said that the structure itself will bring with it increased impervious cover, but that the design will include multiple features to address runoff and storm water collection.

Conservation Agent Laurell Farinon and Commission member Kevin Cassidy questioned James on those measures, and the Commission ultimately told the developers to add enhanced erosion controls and storm water collection measures to the plans. In addition, the Commission will require a dewatering plan upon construction, in case builders come upon groundwater.

Farinon assured members that a “thorough review of wetland delineation was done in the field, and everything was seen to be in order.” But she also recommended that the Commission hire a peer-review consultant given the complexity of the project, and the Commission voted to hire Nover-Armstrong Associates Inc. of Carver, acknowledging that James had worked with the firm in the past but that there would be no “legal conflict.”

Covanta SEMASS representative engineer Dan Peters was on hand to comment that the company had concerns about the potential impact of odors from the proposed facility on residents of the Colby Drive area of Middleboro, but that “it sounds like Green Seal is taking pretty good environmental controls with a sound plan.”

The Commission voted unanimously to continue the proceedings until their scheduled May 7 meeting, by which point Green Seal’s revised plans will have navigated the Rochester Planning Board.

In other news, construction on the Alaskan steeppass fishway at the Hathaway Pond Dam is encountering more difficulties and delays, with Saturday, April 20, approved by the Conservation Committee as the latest – and reportedly last – extension.

Chair Rosemary Smith reminded residents of the Town Clean-Up taking place on Saturday in conjunction with the Women’s Club to celebrate Earth Day. For more information, contact Nancy Boutin (508-654-6621, rochesterwc@comcast.net) or Wendy Keeler (508-763-9888, wkeeler@comcast.net).

By Shawn Badgley