Engineer Richard Rheaume of Prime Engineering came before the Mattapoisett Conservation Commission on December 12, requesting the acceptance of what he deemed a “minor field change.” The project is located at 20 Howard Beach and owned by 21 Century Mill LLC.

            After describing the changes to the original plan, which included second-story alterations, Chairman Mike King, along with the commission members, questioned the changes. They held that the changes were not minor, were in fact significant, and either required a new, public notification announcing the changes and alerting abutters – or filing a completely new plan.

            Rheaume didn’t push back from the commissioners’ comments and agreed to publish a new, legal notice and to send abutter notifications announcing when the filing will be heard.

            In other business, a Request for Determination of Applicability for 18 Shore Drive owned by Evelio Suarez was tabled due to lack of representation.

            A Notice of Intent filed by Long Build Homes for Lot 50, Shagbark Circle, was conditioned, and an existing Order of Conditions on an earlier filing was given a Certificate of Compliance (no work begun.)

            A continued NOI for 12 Old Mattapoisett Road filed by Jay Dupont was conditioned for a new septic system.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Tuesday, January 2, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

            Rochester’s Planning Board Tuesday set December 30 and January 9 as its next two important action dates.

            The board scheduled a site visit of BWC Snows Pond LLC’s plan to build a 12.55-acre solar array along Cushman Road for December 30 and continued the project’s hearing until January 9, 2024.

            Engineering consultant Andrew Hamel reported his firm filed its response to the town engineer’s peer review of the project very recently, leading him to request both the continuance and a scheduled time for the Planning Board’s site visit.

            Board Chairman Arnold Johnson noted that additionally, JC Engineering, Inc., is requesting approval of the substantial completion of The Village at Plumbs Corner Phase III development, Hayley’s Circle. He asked if the board would like to visit that site as well on the same date. Board members said yes and set December 30 at 8:00 am to visit The Village and 8:30 am to visit the Cushman Road site.

            The board also continued until January 9 its hearing into JPF Development’s plan to build a 15-acre, self-storage facility at Kings Highway and Route 28. It then set a public hearing for that date on a zoning-district change that will be on the warrant before voters at the January 22, 2024, Special Town Meeting.

            Johnson said the zoning update is a minor one, but a public hearing is still required. The Cranberry Highway Smart Growth Overlay District that covers the Route 58 and Route 28 end of town must be altered because the owner of a liquor store there wishes to move his establishment to land that the overlay district does not yet encompass. It is merely a matter of adding one lot, Town Planner Nancy Durfee said.

            In other action, the board reviewed the notices from the owners of 0 Bishop Road, Lots 71 and 72, and 0 Featherbed Lane to release their properties from 61A Agricultural Land Protection. The panel ultimately voted to recommend to the Select Board that the town not exercise its right to purchase the properties.

            The board also reviewed zoning bylaw changes that will be proposed at the May 2024 Annual Town Meeting. Chief among the edits the panel recommended are building uses such as lodging and boarding homes, and convalescent homes will be changed to require a special permit so the board can have better oversight of the permits. Home occupations that do not involve other employees will not require a permit.

            The Rochester Planning Board will meet next on Tuesday, January 9, 2024, at 7:00 pm at Town Hall, 1 Constitution Way.

Rochester Planning Board

By Michael J. DeCicco

            Dan Crete appeared before the Marion Conservation Commission on November 15 to address concerns about his unauthorized float system at his Saltworks Marine boat repair and storage business at 288 Wareham Street (Route 6.)

            Conservation Agent Doug Guey-Lee summarized his visit to the site and noted that the floats had been removed from the water.

            In discussing the background for his activities in boat hauling, Crete told the commission that he knows of no Chapter 91 license for a boat ramp at the site, saying “it’s not a structure” but rather “a pretty unique situation down there.”

            The site, he said, has evolved since 1948 from use by the Mallowes fish-distribution company. He said the state DEP lists the site as a human-altered shoreline. Crete said it is literally 3, 4 and 5 feet deep in quahog shells.

            “It is a zone, marine property … we are working on a master plan for the yard,” said Crete, who said he intends to seek Chapter 91 licensing for boat hauling. “I hate to think anyone thinks we’re doing anything nefarious.”

            Commission Chairman Jeff Doubrava said what happened on the site historically does not matter. He said the town has received calls about large boats coming and going and asked Crete “to step up the speed” on the licensing plan.

            Crete said he spent well over $100,000 in the site-plan process when he built his barn across Route 6 from the slope in question.

            “It’s put a little dent in the coffers for pursuing plans across the street,” he said. “We’re working on it … our intention is to stay on this and pursue it with as much haste as we can. … It’s a work in progress. We’re building a business. … I want to do it right.”

            Crete sought clarification as to what activities would be allowed during that process. He referenced instances that indicate the site in question is safer for boats and shellfish beds than Old Landing.

            “I hope the silver lining in this is we can maybe have a bit of a team approach when we get our engineering stuff together,” said Crete, who told the commission he has consulted with Mass DEP. “Their attitude with me is you guys check all the boxes with the Chapter 91 rule, that’s why they’re in place.”

            Crete said he has also discussed public access with the Buzzards Bay Coalition. He said it is a navigable waterway and that anyone can drive their boat down there and check it out.

            Stephen and Jane McCarthy requested an Amended Order of Conditions for a proposed house reconstruction at 43 Dexter Road, Map 5A, Lot 4.

            Their representative, Dave Davignon of Schneider, Davignon & Leone, Inc., said the applicants were permitted a few years ago for removal of a cottage and construction of a single-family dwelling. An active order exists via permit extension.

            In excavating for footings, enormous boulders were encountered. Many were moved but some remain in place. After the original permitting, the applicants bought the lot to the north, allowing for a place to move boulders for an embankment.

            Doubrava’s main concern is a nearly vertical retaining wall. Noting Marion’s 1-to-1 slope standard, he took the position that the wall needs alteration as the commission has never during his lengthy tenure approved a vertical retaining (sea) wall. Davignon acknowledged the standard. Commissioner Shaun Walsh echoed Doubrava’s viewpoint but estimated that fixing the wall would only require a foot or two of adjustment.

            The commission preferred a 1-to-1 slope and advised Davignon to redesign the slope and come back to the commission on a continuance of the public hearing. Davignon will report to his client.

            Applicant Jane McCarthy confirmed Guey-Lee’s discovery of an elevator shaft that was not shown on the site plan. Walsh told Davignon he would need to show the elevator shaft in his site plan as revised.

            The members voted to continue the case to its December 13 meeting.

            Kent Bennett, Six Point Road LLC, filed a Notice of Intent to construct a wood deck around an existing house and reconfigured in-ground pool location, spa, patio area and gravel driveway with associated planting areas in a mapped Flood Zone VE at 6 Point Road.

            Represented by Andy Stackpole of Field Engineering, the applicant proposed removing a kidney-shaped swimming pool and construct an 800 square-foot rectangular pool, remove a partial paved driveway (4,000 square feet of pavement) and replace it with gravel, and add an at-grade wood deck around the perimeter of the house around the front. Other changes include removing the concrete support of an existing staircase in favor of a redesigned to maximize the use of patio space.

            Commissioner Matt Schultz expressed concern about erosion control and suggested an expert report. The commission voted to grant a continuance to December 13.

            Lujay LLC was voted an Order of Conditions for proposed reconstruction of an existing, two-story garage at 8 West Avenue. Special conditions include some additional silt fencing on site and a driveway of crushed stone.

            Regarding the property owned by the Rubenstein family, Davignon described a site measuring 23,626 square feet and bordered along Sippican Harbor by a significant-sized, riprap seawall. Atop the seawall is coastal bank, the 100-foot line of which extends to cover nearly the entire lot.

            Davignon said the majority of the property lies within VE-17 (Velocity Zone.) A larger, two-story garage made of breakaway panels will be constructed partially over the footprint of the existing garage but extended more to the southeast. Davignon said it would be constructed within Velocity Zone standards.

            The setbacks were adjusted to avoid a septic tank to the west and to 26 feet from the street to meet the setback requirements to the north (thusly avoiding the need for a zoning variance.) A patio is planned for the sea-facing side of the garage.

            Doubrava expressed concern over movement of the garage deeper into the “V Zone,” to which Davignon noted abutter interest across the street and reiterated the setback concern. Doubrava noted that there is also a bylaw requiring structures in the velocity zone to be constructed as far from the coastline as possible.

            The science behind the breakaway panels is to have concrete or wood pillars that would stay in place while the panels could breakaway but not go anywhere as they are chained to the framing.

            Schultz asked about the thickness and breakability of the concrete slab in the garage, suggesting that FEMA approves 4 inches to ensure breakability during hydrostatic force.

            Noting the plan shows no roof-runoff system, Davignon said he does not know if gutters are planned. He said there is substantial lawn to absorb runoff.

            Kristian and Melissa Koziol were issued a Negative 2 and 3 Determination of Applicability with no special conditions for proposed landscape improvements on land subject to coastal-storm flowage at 29 Lewis Street.

            Eric Winer and Nancy Borstelmann were issued a Negative Box 2 and 3 Determination of Applicability for their construction of a 10×14-foot, uncovered deck, enclosed, lateral enlargement and two cantilevered enlargements at 18 West Avenue.

            The Marion Conservation Commission was scheduled to meet on December 13 and is next scheduled to meet on Wednesday, January 3, 2024, at 7:00 pm at the Police Station.

Marion Conservation Commission

By Mick Colageo

            The South Coast Bikeway and walking path will go through Marion, and the town’s Pathway Committee met on Tuesday to begin finalizing plans.

            The committee met with Jeff Oakes, the town’s representative to the South Coast Bikeway Alliance, to iron out some of the small issues pertaining to a 4-mile bike and walking stretch that will go through Marion near the Washburn Park area.

            The short meeting took place via Zoom and consisted of some housekeeping matters for this path, which connects to neighboring Mattapoisett and is part of a regional path that encompasses many South Coast communities.

            Committee Chairman John Rockwell said the committee will approach recreation officials about parking issues at nearby Washburn Park. The park is on town-owned land that is open to the public and can become congested when the Washburn Park Trust holds events.

            The committee has designated parking, but it is nearby an abutting resident. Rockwell said the town is contemplating planting trees as a buffer from the property. The resident requested a different parking location, but it does not appear there is any room for such an accommodation.

            “The parking issue has been discussed at length for some time. The parking lot on the other side of the park is owned by the Washburn Park Trust and they generally fill it up when they have an event. With the (Massachusetts) Department of Transportation requirement for dedicated parking, the existing road network, field locations and configuration, and wetlands, the spot stood out as the only spot,” Rockwell wrote to the neighbor.

            The path will stretch approximately 4 miles and will require dirt removal. The action will require a state environmental-impact report.

            Oakes said he will advocate for the project, and both he and committee members do not anticipate any issues.

            “In terms of environmental justice, this is an amenity to the environmental justice community,” Rockwell said.

            Oakes said he will get a letter of approval from the South Coast Bikeway Alliance.

            The Marion Pathway Committee did not schedule its next meeting upon adjournment.

Marion Pathway Committee

By Jeffrey D. Wagner

            Rochester’s Select Board has set a Special Town Meeting for January 22, 2024, for what Town Administrator Glenn Cannon called “a few cleanup items, including town financials.”

            During Monday night’s public meeting held at the Senior Center, Cannon elaborated after the Select Board’s approval of the Special Town Meeting date that 11 articles are currently on the warrant. He said these articles will include a necessary move to increase the budget for police overtime and a zoning article related to adding a parcel to the town’s Cranberry Highway Growth Overlay District.

            Most noteworthy, however, is the project not expected to be on the meeting warrant. Cannon said that none of the articles will involve the high-profile, public-safety facilities renovation and construction plan that the town has been formulating for the past year.

            “We are not yet ready to move it forward,” he said.

            That plan’s current focus is creating two separate buildings to address those departments’ inadequate space needs. The plan calls for the current police station to be renovated with a small addition and a new fire station to replace the existing facility adjacent to Rochester Memorial School.

            The Select Board opened the warrant for the Special Town Meeting on December 11 and will close the warrant on December 20.

            The board began the meeting by approving a request from Zoning of Appeals Chairman David Arancio that he be appointed chair of the new Zoning By-Law Review Committee only temporarily. He asked the board to dub him temporary chairman so the new board can elect officers at its first meeting. He explained he was too “tapped out” with other commitments to take the reins full-time.

            Next, the board approved a request from Town Planner Nancy Durfee to use town property to install monitoring wells at Snipatuit Pond for a hydrological study of the pond’s water flow.

            The goal, Durfee said, is “to get a better understanding of the complex’s aquifer.” A flow gauge will be installed with ARPA funds totaling $20,000, and it will be the town’s responsibility to monitor that gauge, she said.

            The project’s technical consultants chose two possible sites for the gauge, both town-owned, she noted. They are the town forest across from the Northern Avenue cemetery and at the Old Colony Regional Vocational-Technical High School.

            Conservation Commission chair Christopher Gerrior asked bluntly for a deeper reason why these two spots were chosen. Were they the best places for the wells or the best town-owned places?

            Southeastern (Massachusetts) Regional Planning and Economic Development District (SRPEDD) consultant Helen Zincavage said these spots best mirrored the characteristics of the pond that the study needs for the review. Durfee admitted that being town-owned made access to the land less complicated.

            After the board endorsed allowing access to the 0 Northern Avenue site, Durfee thanked Rochester Water Commissioner Fred Underhill for his help educating her on the pond’s problems and needs. “I thank Fred for taking me under his wing,” she said.

            In other action, the board approved an amendment to the Red Barn Farm Conservation Restriction, adding 12.44 acres to the existing 60 acres at Rounseville and Vaughn Hill Roads.

            The board also endorsed the Planning Board’s referral that another town parcel be added to the town’s Cranberry Highway Growth Overlay District. Cannon said later that this is the amendment that will need Special Town Meeting approval.

            The Rochester Select Board is scheduled to meet on Wednesday, December 20, to approve the warrant for the January 22, 2024, Special Town Meeting.

Rochester Select Board

By Michael J. DeCicco