Rochester’s Conservation Commission Tuesday agreed to the much-debated proposed Conservation Restriction on 13 acres at Red Brick Farm East, contingent on the Mattapoisett Water Department abiding by the town’s requested conditions.

            The commission motioned that it would sign the CR upon receipt of a Letter of Intent stating that Mattapoisett will never develop a well on the 13 acres on Long Plain Road and the north side of Wolf Island Road in Rochester and will make every attempt to transfer the land to the Town of Rochester for $1.

            Brendan Annett of the Buzzards Bay Coalition said it was too late to put these conditions in the multitown Conservation Restriction on 241 acres of aquifer land from Acushnet to Mattapoisett that this parcel includes. The state legislature must release the funding for the CR by the end of the legislative session in June.

            Annett said the commission could sign the signature page that would only be released when the Letter of Intent regarding the concessions to Rochester is received. The commission agreed to this plan after board member Ben Bailey emphasized that the $1 purchase offer needed to be part of the letter’s language. He instructed Conservation Agent Merilee Kelly to release the signatures only when the Letter of Intent with Mattapoisett’s concessions is received, then reviewed by Rochester’s town counsel.

            When they first heard of the CR plan weeks ago, commission members complained that Rochester has lost the right to use its own water resources too many times over the decades.

            The regional agreement would give Mattapoisett the water rights to the Rochester parcel, including possibly digging up to four new wells, under a coownership agreement with the Mattapoisett Water and Sewer Authority. The commission was united in their refusal to sign the Red Brick Farms CR without more information, especially as to whether the CR can be rewritten to give Rochester rights to some of that water.

            Tuesday night, Mattapoisett Water Department representative Henri Renauld noted several points to ease Rochester’s concerns. He said none of these four wells mentioned in the agreement will be dug in Rochester, and the fact is Mattapoisett is only allowed to draw a limited amount of water from the aquifer. And it must receive the Rochester Conservation Commission’s permission to dig those wells.

            Renauld agreed to the commission’s response that these conditions be in writing. The board agreed to set a future, special, one-issue meeting to sign the signature page.

            Later in the evening, the commission approved the invoice that will give the Buzzards Bay Coalition the $70,000 grant funds the town received for the Red Brick Farm Conservation Restriction. But it voted to not release the check until the Letter of Intent from Mattapoisett is received.

            The commission began the meeting by approving the Certificate of Compliance for the completed plan to build a single-family home with septic system, well and lawn at 69 Paradise Lane, after Kelly reported no problems with inspection of the site.

            Lastly, the board received good news regarding the 89 Box Turtle Drive dispute over owner Doug Rose clearing land there too close to wetlands without a permit over a year ago.

            Rose’s attorney, Timothy Angley, told the board his client’s engineering consultant has been fired because he was dragging his feet on completing the plans the commission was seeking. A new engineer, Brad Holmes of ERC in Plymouth, has been hired and will deliver new plans to the board soon.

            The board asked that the owner’s no-trespassing order be lifted to allow a site visit. Angley agreed that these visits could happen as soon as Thursday, June 22.

            The commission set its summer-schedule meetings for Tuesday, July 18, and Tuesday, August 15, at 7:00 pm at Town Hall, 1 Constitution Way.

Rochester Conservation Commission

By Michael J. DeCicco

            Marion Animal Control Officer Susan Connor appeared before the Board of Health during its June 15 public meeting to discuss a complaint she brought forward about a dog defecating at a retention-pond area near Silvershell Beach.

            As summarized by board Chairman Dr. Ed Hoffer, the location in the complaint was right next to the water, “and what can we do about it?” he asked. Hoffer’s immediate reaction was to place a sign identifying it as a “nitrogen-sensitive area” with a request to pick up after dogs, supply plastic bags at the site and “see what happens.”

            Seeking clarification and direction, Connor said it’s become difficult to enforce the bylaw stating the beach, the parking lot and the green space are all off limits to dogs during the summer months, despite the fact the regulation is posted in every area.

            “At some point, someone at the Town Hall – I don’t know who – decided to open the retention-pond area to dogs, which has always been included prior to in the off-limit area,” said Connor. “I’m happy to enforce whatever the town chooses to enforce, but it’s very difficult when people have to walk through the parking lot to access the retention-pond area. When they’re not allowed to be in the parking lot and I write a ticket, they’re very upset. I think we need to decide what area…

            “We have one of the least-restrictive leash laws in the area. I don’t know of any town that allows dogs on the beaches in the summertime, and I guess one thing would be to look at the chloroform and the counts that you’ve been taking and how they’ve changed in the past two years.”

            There is an opening cut in the fence that had never been there before, and a sitting bench has been placed.

            Connor pointed out that the retention pond is also a nesting area for many federally protected migratory birds and Terrapin turtles.

            “We have to at least meet the state guidelines and the federal guidelines,” she said. “If people are in there and their dogs are harassing endangered or migratory birds, they’re subject to those fines, which are quite hefty.”

            Board member Dr. John Howard stated, “In the interest of nitrogen, which we talk about so much now – and people say, well, I live way up in North Marion, is that really going to affect me – but if it’s a pond right down by the ocean, that fence needs to be fixed.”

            Deputy Harbormaster Adam Murphy noted that a bad reading on chloroform levels could result in closure of the beach and advised the board to take that possibility into consideration.

            “We can only police it so much,” he said.

            Board member Albie Johnson traced the interest in the retention-pond area to the cutting back of invasive plant species.

            Qualifying his statement with the disclaimer that the Board of Health may have no jurisdiction in the matter, Hoffer said the board could send the town administrator a letter strongly urging that the area and the beach property at large be declared off limits to dogs.

            Progress at 28 Pitcher Street was at a standstill as of the June 15 meeting, prompting new steps on the part of the board. The owner was to appear at the meeting but sent word he was not available and would be happy to appear at the board’s next meeting.

            “Mr. Balboni has politely been doing nothing,” said Hoffer, who suggested reinstituting the plan to issue fines. More specifically, he suggested another letter, this one stating that no progress has been made on repeated requests to move on the project and make it a habitable house, adding that unless the board sees progress, it will be instituting fines.

            “The neighbors have been going on the fact that we have been trying to do something. Unless we see visible progress prior to our next meeting, not only is he to appear, we expect to impose daily fines. … I don’t know of any statute that limits them,” said Hoffer. “We’re getting tired of sweet nothings.”

            Howard suggested finding the official order that went out via certified mail.

            In her Health Agent update, Shallyn Rodriguez discussed the monthly I/A data report.

            Johnson stated his interest in doing away with the bylaw requiring denitrification technology in any new septic installation and going back to Title 5 regulations.

            In her Health Director update, Lori Desmarais reported two cases of Lyme disease halfway through June after 14 cases in May, along with one case of anaplasmosis. She said a state-issued Summer Safety Guidance presentation would be sent out to residents in an email blast.

            Desmarais said the town has the funds in its revolving account to support a COVID-19 booster clinic but has not heard from the state as to a protocol for future vaccine distribution.

            The Marion Board of Health did not schedule its next meeting upon adjournment.

Marion Board of Health

By Mick Colageo