Rochester’s Conservation Commission Tuesday revised the Order of Conditions that it approved two weeks ago for BWC Snows Pond LLC’s plan to build a 2.39-megawatt, solar-energy array on 12.55 acres of a 31.23-acre parcel at 0 Cushman Road.

            The commission removed from the project’s Order of Conditions the requirement that the contractor use only biodegradable hydraulic oils for the construction equipment there after input from commissioner and professional excavator William Milka.

            Milka advised ConCom members that these types of engine oils, while less likely to harm wetlands, are more expensive and less effective as lubricants. “It hurts a contractor’s budget,” Milka said. “The requirement will knock every small, local contractor out of the running.”

            He said there was every reason to believe other means such as containment buoys could be used if these oils spill too close to wetlands or a waterway. These lubricants could cost up to $10,000 more for the equipment, not counting the cost of added maintenance. “And they don’t lubricate as well,” he said.

            At the commission’s February 6 meeting, BWC Snows Pond LLC had asked that the bio-fuel requirement not be made a project condition because the petitioner “could not commit that the selected contractor will be able to supply installation equipment that is compatible…”

            Commission member Ben Bailey had said placing this condition on town projects happens all the time, and, in fact, the Planning Board will likely place the use of bio-fuels in its own conditions for the project.

            On Tuesday, Milka’s input convinced Conservation Commission Chairman Christopher Gerrior otherwise. He reasoned that it would be better instead to make a spill-containment plan a precondition of any Order of Conditions. “It should be brought up at the preconstruction meeting.” The resultant vote to delete the requirement was unanimous.

            In other action, the commission approved a Certificate of Compliance for work “satisfactorily completed” at 169 Clapp Road, the construction of an in-ground pool, surrounding masonry and a pool cabana.

            Upon the petitioner’s request, the commission continued its hearing into the Notice of Intent filed by JPF Development LLC to build a 15-acre, self-storage facility at 25 Cranberry Highway and 0 Kings Highway until March 5.

            The commission reviewed with town Herring Inspector Dave Watling its February 10 site visit of the herring run area from Hartley Farm Pond to the start of the Rochester Boat Race and the Mattapoisett River. Concom’s conclusion is that because a “mat of vegetation” might soon impede the herring run there, the bypass canal near the start of the boat race at the Hartley Reservoir needs to be opened up.

            Milka noted the pond-herring population has gone down from 125,000 in previous years to 3,000 this year. Watling advised the commission that such work should only begin between mid to late summer. The board agreed to first consult state Division of Fish and Wildlife representative Jason Zimmer and seek the use of a grant to get the work done.

            Conservation Agent Merilee Kelly reported the Buzzards Bay Coalition will conduct its annual monitoring visit of the conservation area at Red Brick Farm East on March 7 at 10:00 am. ConCom members said they will try to attend.

            The Rochester Conservation Commission will meet next on Tuesday, March 5, at 7:00 pm at Town Hall, 1 Constitution Way.

Rochester Conservation Commission

By Michael J. DeCicco

            What started out as a seemingly innocuous Request for Determination of Applicability filed by Ian Brady, 1 Mattakiset Road, became a debate lasting nearly an hour. The application was for a proposed two-story garage. The applicants were represented by the contractor Steve Brodo, who also acts as a part-time building inspector for the town.

            Brodo described the proposed project is a garage-like structure that will be used to store small sailboats and other watercraft, not cars, with the second story to be an office space served by a bathroom. Brodo said his clients want to have the flexibility to continue working while summering in Mattapoisett.

            There were questions about stormwater management and abutter concerns that any fill used might cause water to migrate to neighboring properties. Brodo explained that he would be leveling the site by removing soils, not adding soils.

            The plans submitted by Brodo failed to answer questions by the commissioners, given that it was a land survey, not an engineered plan with structural details. Furthermore, since the application was filed as a RDA versus a Notice of Intent (a permit granting the commission greater oversight), the commission would be unable to apply conditions to the construction that aided in upholding performance standards.

            Brodo contended that during a site visit in which commissioners David Lawrence and David Nicolosi attended, he was never told a Notice of Intent was necessary, leading him to believe all was well with the application.

            Chairman Mike King expressed concern that Brodo had received a building permit before clearing the proposed project through the conservation process.

            “In my fourteen years on the commission, no one has ever received a building permit before coming to Conservation,” said King, who intended to confirm whether or not a building permit can be issued before clearing a project through the Wetlands Protection Act.

            When the commission voted on the RDA application, the members were split evenly both for and against. Brodo was told he could come back on an evening when the commission had an odd number of members in attendance or file a NOI complete with engineered drawings.

            The commission also met with Mike Huguenin of the Mattapoisett Land Trust and Sara Quintal of the Buzzards Bay Coalition to follow up on the Enforcement Order recently issued to them for flooding and stormwater-drainage problems at the retired bog area simply known as The Bogs.

            King lauded the BBC and its contractors for the repair work since the flooding incident but also called for a vote on whether or not the BBC should be required to test soils for agricultural chemicals.

            The commissioners were firm in their belief that testing should be done and as King put it, give the public information they were asking for. It was the commission’s duty. The commissioners voted to have testing done but to send a letter to the Select Board expressing their position in this matter and asking the board to intercede.

            In other business, applications for RDA’s received negative decisions for residents Kristine Murray, 12 Angelica Avenue, for a deck extension, and Michael Amaral, 3 Harbor Road, for a driveway expansion.

            NOI’s filed by Dart Holdings LLC, 12-14 Fairhaven Road, for a septic upgrade, and Robert and Lisa Barbozak, 5 and 7 Shore View Avenue, for a new single-family home, were conditioned.

            A NOI filed by Derek and Kylene Gregoire for a single-family home on Goodspeed Island was continued pending notification from the Sewer Department that a connection is available. Barring that, the application will continue review on March 11.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Monday, March 11, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

            The Rochester Planning Board has improvised in finding an amenable process to the correction of Neck Road Solar’s screening to Neck Road.

            During the board’s Zoom-only meeting during the February 13 snowstorm, Planning Board Chairman Arnie Johnson explained that upon realizing exposure of the framing of the project to an abutting area, the town’s building inspector had put a cease-and-desist order on the field project. Johnson credited Neck Road Solar for an immediate response but noted that the top of the rack remained a little higher than the berm in one area.

            After a meeting with Town Planner Nancy Durfee and the applicants’ representatives, Johnson concluded the best solution is to have the applicants complete the field project and then have the fence adjusted to accommodate the final height to achieve the required screening.

            “Until the panels are actually installed, we really don’t know how high the fence needs to be,” said Johnson, who will plan a site visit for the board, after which the fence will be altered in accordance with the board’s findings.

            Another modification to the board’s prior approval of the project will request that the decision be amended to allow dual use (farming) under the solar panels.

            Vice Chairman John DeMaggio said he agrees with the current action but sees a potential problem with future solar applications using the board’s plan as a precedent to bypass the town bylaw requiring that screening first be set up for the sake of a project’s abutters before actual construction.

            Asked by DeMaggio if the matter gives him concern, Johnson said no and cited the thorough work done by Neck Road Solar.

            “I just want to make sure the record shows that the board is not approving this solar (project) to go forward without full screening,” said DeMaggio. “The applicant did their best on full screening, and they found they had an issue and they fixed it right away so, just in case any other applicants out there are listening, you know, this isn’t setting precedence for anything.”

            Johnson agreed that the board does not want its decision to be setting precedence “because that is a major component of our bylaw.”

            Members present for the entire Zoom-only meeting were Johnson, DeMaggio, Marc Rousseau Jr. and Chris Silveira. Member Ben Bailey joined the call after an ANR decision.

            Before Bailey joined the meeting, the board approved an ANR application filed by Alan Cervelli for property located on Hartley Road (Map 35, Lot 42) located “half the field across from the Rochester Grange,” according to Johnson. With only four members, Johnson let the applicant decide whether to allow him to vote rather than recuse himself.

            Project representative Walter Hartley described the property as just under 6 acres, “with a tiny, little bit of limited wetlands quite far away from the buildable area.”

            Being divided into two lots of just under 3 acres each and each with 290 feet of frontage along the street with approximately 295 feet at the setback. One is completely situated in the upland and the other contains approximately 10 square feet of wetland, according to Hartley.

            Hartley was brought back on the call to address a small laundry list of clerical exercises required to properly carry out the approval. Hartley assured the board that the matters in question had already been addressed.

            The ANR filed by Marc Wilson for property located on Bishop Road, Map 43A 72, Lot 1, and Map 43A 71, Lot 2 was withdrawn without prejudice.

            The board continued two public hearings to February 27.

            First, the board voted to approve an extension to February 27 for a Site Plan Review application for a self-storage facility project filed by JPF Development, LLC, at Kings Highway and Cranberry Highway (Route 28), Map 17, Lots 30, 31A, 55 and 56.

            The applicant proposes to develop approximately 15 acres of land as a self-storage facility comprised of seven storage buildings and one office building at a site located in the Industrial District.

            The board also continued the application of Bluewave Solar dba BWC Snows Pond, LLC, applied for a Special Permit and Site Plan Review for property located at 0 Cushman Road, Map 33, Lots 41 A-O to February 27.

            The representative from Weston & Sampson had a presentation ready but lack of attendance would have required the disqualification of another board member, leaving the application without the potential approval votes needed to carry.

            The applicant proposes to develop an approximately 2.39 MW, DC single-axis tracking photovoltaic solar array including DC-coupled battery-energy storage at a site located no Cushman Road in the RE/AG (Residential/Agricultural) District, Mattapoisett River Valley Watershed, and Groundwater Protection District.

            Johnson reported to the members that a recent meeting of the Public Safety Building Committee produced the agreement to send out a RFQ for a project manager to oversee development of a pre-engineered Fire Station.

            “We have some drill-down costs,” said Johnson, noting that voters at Town Meeting moved over $50,000 from the expired Feasibility Study Committee. He said Town Administrator Glenn Cannon informed him that there is also COVID relief money left over that will no longer be available after the 2024 calendar year.

            Silveira reported that work is ongoing with the Bylaw Subcommittee.

            The board voted to approve the Planning Department’s Annual Report for FY24.

            Johnson informed the board that it has received funding from the Capital Planning Committee to hire Field Engineering to review its Rules and Regulations and also for a needed update to the town’s zoning map. The board voted to enter into those contracts.

            The board approved payment vouchers for Fileguard (January storage) $9.75; Hazard Mitigation Plan $446.88; Master Plan Workshop $42.63; Dropbox (annual subscription) $127.37 and Amazon (town planner’s desk) $559.99.

            The next meeting of the Rochester Planning Board is scheduled for Tuesday, February 27, at Rochester Town Hall, 1 Constitution Way.

Rochester Planning Board

By Mick Colageo