As the Tri-Towns strategize to locate sources of nitrogen pollution in hopes the state Department of Environmental Protection will relent on a sweeping septic regulation requiring an expensive upgrade to existing systems in areas deemed nitrogen sensitive, elected officials are raising their arms like a linebacker on the home team, trying to drum up noise for a big play.

            The Marion Board of Health was on hand for Tuesday night’s Select Board meeting to discuss the issue and seeking public comment now that the DEP has extended the comment period to January 30.

            “I’d like to see a … more thorough examination of the groundwater pollution that’s alleged instead of just sampling the water that’s in the bay,” said Board of Health member Albie Johnson, referencing the chain of events that leveraged the town into spending $13,000,000 to clean up and re-line a lagoon at the Wastewater Treatment Plant. “It’s my understanding at the time they didn’t find any (nitrogen) around the lagoon.”

            He called the state’s plan “a little bit excessive.”

            Dr. John Howard, the Board of Health chairman, reported 32 denitrification septic systems in Marion. “I’m not sure how many are functioning,” he said, noting that 14 have been built since Marion’s new denitrification septic regulation went into effect earlier this year. The regulation only applies to new or upgraded septic constructions.

            Howard said the board has been monitoring the new systems and that they are doing well. A key element to that sustainability, says Dr. Ed Hoffer, a board member, is the homeowners’ accountability for testing and maintenance of the new systems.

            “This is ultimately a political process like everything else. … We have to ask … what is the most cost-effective and reasonable way to do it?” said Hoffer, openly considering how much nitrogen is generated from the Kittansett Club and/or how much from Great Hill Dairy Farm. “We need to go about this in a rational manner and not just take a dictate from DEP.”

            The problem with sweeping regulations, noted Hoffer, is that the new denitrification systems work “reasonably well for year-round dwellings; they work poorly for seasonal dwellings.” He said that new systems on seasonal properties may be less efficient than the systems they replace.

            Executive Assistant Donna Hemphill indicated that the town will send out an email and post the matter on town web and Facebook pages.

            Acknowledging a respectful disagreement with Interim Town Administrator Judy Mooney, Parker sought “a vote of confidence” to discuss a measure that would beef up health insurance benefits for town employees. He believes a stronger package would allow the town to maintain and attract more good employees.

            Select Board member Toby Burr offered support, adding that job turnover costs the town money in training and performance. Select Board member Norm Hills noted the ongoing budget process and said the matter requires some research and analysis. “I need to understand what I’m looking at here, too,” he said.

            The total annual cost of the benefits program is $128,102.88 for 64 employees, said Parker. Mooney said she is willing to research the matter further.

            In her Town Administrator’s Report, Mooney announced that Marion has received an additional $250,000 from the DEP for the Lagoon lining project, to which Select Board Chairman Randy Parker publicly thanked Representative William Straus.

            Mooney also announced that the state Seaport Economic Council has granted the town another $300,000 toward the construction of the new Marine Center. That leaves the town $700,000 based on May 2022 cost estimates (Town Meeting.) Mooney said she hopes to meet with Tim Sawyer of architect Catalyst to discuss cost, noting that the design for the new harbormaster’s headquarters is not totally complete.

            Harbormaster Isaac Perry, according to Mooney, remains very confident about grant funding for the project.

            Parker reported that architect Will Saltonstall is in the process of getting cost estimates for the new Department of Public Works operations center.

            The Town Administrator Search Committee held three interviews on Tuesday and had three more scheduled Wednesday of this week. Out of 27 applicants, the committee hopes to bring four finalists to the Select Board in January.

            “It’s tough to get down to seven or six … last time we lost candidates on a daily basis … it’s a lot of work, it’s very draining,” said Parker of the all-day interviewing process.

            Mooney told the board the rates for community aggregation of electricity will be 10.470 cents per kilowatt hour (c/kWh) through December 2023 (year-long cycle), a “significant savings” relative to Eversource’s rate of 25.649 c/kWh. “We encourage residents to visit our website (marionma.gov),” she said.

            The following 14 applicants are being considered to join Sippican Historical Society-recommended member Will Tifft for six other positions on the Historic District Study Committee: Margie Baldwin, Dan Crete, John DiSalvo, Charles Duane, Mary Endsley, Kevin Gretton, George Morton, Erin Murphy, Alanna Nelson, Ken Parsons, Jill Pitman, Shelly Richins, Stephen Swain and Mallory Waterman. Meg Steinberg pulled her name out of consideration.

            During the Public Comment session, longtime Marion developer Sherman Briggs articulated concerns about Creek Road, offering a 21-year sketch of mishaps and apparently wasted investments on the part of the town without available information or a remedy for a water main that he and Hills agree is unusable.

            “I’ve seen the pictures of it, I’ve never seen anything so bad in my life,” said Hills, who said he has a report from the engineer on the process.

            “As a taxpayer … I don’t want to see Creek Road not rebuilt not the proper way,” said Briggs. “I think the Marion taxpayers deserve answers to these questions.”

            The DPW has requested $122,000 in capital funds to address the matter. Briggs says that the town already approved $250,000 in funding that has seen the water main never tested, chlorinated or activated.

            The Select Board voted to approve a revised sewer application at 460 Front Street, changing from a 6-inch pipe to a 4-inch pipe that runs out to a sewer connection.

            The board approved the following Water/Sewer commitments: $265,845.12 (liens December 7th), $643.34 (final readings December 9th), $1,364.31 (quarterly billing December 12th) and $1,309,999.66 (quarterly billing December 16th.)

            The meeting began with a brief executive session pursuant to Purpose 3 of state General Law c. 30A, s. 21(a)(3) regarding strategy with respect to collective bargaining or litigation.

            The next meeting of the Marion Select Board is scheduled for Wednesday, January 4, 2023, at 6:00 pm at the Police Station.

Marion Select Board

By Mick Colageo

            Coming before the Mattapoisett Planning Board on December 19 was Christos Kulipoulos of The Preserve at Bay Club, the developer of the Split Rock neighborhood within the Bay Club subdivision. Kulipoulos sought the return of a $125,000 roadway surety being held by the town.

            Kulipoulos stated to the board that the roadway work is done, complete, that the contractor has been paid for the roadway and therefore the contract with the town is complete with the exception of two items.

            Board member Nathan Ketchel inquired what was incomplete. Kulipoulos responded that manholes needed to be cleaned for an estimated cost of $1,000 each and that removal of erosion controls in the form of silk fences needed to take place. The board agreed that a sum of $25,000 should be held back until the unfinished work is completed. They further agreed to return $100,000 at this time.

            Also coming before the board was Andrew Stackpole of Field Engineering, representing the Bay Club in an informal discussion for the construction of 12 duplex units at the site that originally was to have been for the construction of a conference center.

            The new plan, which received a Variance from the Zoning Board of Appeals on December 15, calls for the construction of 12 zero-lot-line, residential townhouse homes, each with two bedrooms and a loft space. Stackpole referred to the plan as “cluster housing” with 45 feet of frontage. A formal filing will be submitted at a future date, including all necessary stormwater calculations and system designs.

            Dave Andrews of Bay Club Realty also came before the board to request an extension of the completion of roadway work on White Pine Lane. He explained that an anticipated completion in 2022 became impossible due to dropping temperatures. The date was extended until June 30, 2023.

            Continued until February 6 is the Site Plan Review for a planned solar array to be located at 156 Acushnet Road. A letter from the firm Outback Engineering noted that state approvals were still pending.

            In other matters, the board agreed that Ketchel would represent the board on the newly created Holy Ghost Grounds Use committee.

            The next meeting of the Mattapoisett Planning Board is scheduled for Monday, February 6, at 7:00 pm.

Mattapoisett Planning Board

By Marilou Newell

            On December 15, the Mattapoisett Zoning Board of Appeals convened to hear two appeals and did so in nearly record time.

            Coming before the board on this night was David Andrews of Bay Club Real Estate with what was filed as a Variance and ultimately accepted as a Land Use Variance application for the construction of 12 two-bedroom, duplex units.

            The agenda noted, “The applicant is seeking a Variance under section 5.9.1 as provided by Section 7.2.3 of the Zoning By-Laws to request permission to create a new residential use in a limited industry zone to build up to 12 residences as part of the Bay Club.”

            The parcel planned for construction is located at the north entrance to the larger subdivision near the bike-path extension that runs to the Marion town line.

            Andrews described the units as two-bedroom with a loft in a real estate category known as “fee simple.” In a follow-up, Andrews said that the homeowners will own specific outdoor spaces on their side of the overall structure. An internet explanation of the term “fee simple” states, “fee simple is a legal term that means full irrevocable ownership of land, and any buildings on that land,” (the same as a single-family home). It goes on to state, “it means the land is owned outright without any limitation or restrictions other than local zoning ordinances.”

            The original submitted and permitted use of the parcel in question was for the construction of a conference center. As the years have gone by, the desire and need for such a structure has been deemed much less useful than more housing units. Board member Colby Rottler thought housing was indicated as much needed and has been a topic of the Master Plan Committee. That prompted Chairman Susan Akin to say, “But I don’t think they’ll be affordable.” The board members were unanimous in approving the request.

            The other filing was from Thaddeus and Ann Yukna, 25 Silver Shell Avenue, for the construction of a new deck with zero setbacks. The request was viewed as in keeping with previous requests from the neighborhood and was unanimously granted a Special Permit.

            The next meeting of the Mattapoisett Zoning Board of Appeals was not scheduled upon adjournment.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

            The Marion Capital Improvements Planning Committee has much to digest after meeting recently with several town department heads to hear their capital requests for Fiscal Year 2024, along with 10-year needs-based projections.

            Most recently, the Department of Public Works went before the CIPC on December 8 and the Facilities Department on December 15.

            In order of Sewer Department priority, the DPW has requested over $1,000 over the next two fiscal years under Sewer regulatory compliance for the Water Pollution Control Facility (WPCF.)

            Because Marion’s renewal application for its National Pollutant Discharge Elimination System (NPDES) was met with news that the Environmental Protection Agency (EPA) is considering adding Marion to its Small General Permit, DPW considers it prudent to request funding to address potential unknowns in the amount of $150,000 for FY24 and $875,000 for FY25.

            The DPW has also requested $100,000 for FY24 and $800,000 for FY25 to design higher priority repairs, focusing on concrete maintenance.

            The I/I Removal Program will cost $200,000 per year for the next 10 years.

            Other Sewer Department requests: $35,000 in FY24 and $35,000 in FY30 for work on the supervisory control and data program, $135,000 in FY24 to replace the sewer jetter machine; $50,000 in FY24 for evaluation of the Silvershell Pumping Station, $25,000 each of the next four fiscal years for the town’s older force-main evaluations and $50,000 in FY24 and $52,000 in FY28 for the Bio-Filter (odor control) system.

            FY24 Sewer requests totaled $740,000, FY25 requests totaled $4,125,000, FY26 $2,680,000. Covered in FY24 by ARPA, Front Street station and force main will cost $1,750,000 in FY25.

            The Water Department’s top priority is the state-required Lead Service Line Inventory at $75,000, due October 2024 and included as a capital request for FY24.

            In addition to $287,000 for FY24 requests including (Priority 2) the Creek Road Water Main ($122,000), followed by (Priority 3) the replacement of a F350 4×4 truck with a plow ($90,000), main pipes dominate the Water Department’s 10-year plan: Wareham Street (Route 6) at $2,700,000 (FY25); Point and Delano at $2,900,000, Cottage Street at $350,000 and Pitcher Street at $370,000 (FY26); Point Road (south to Kittansett) at $140,000 (FY27); Point Road (south to Kittansett) at $2,300,000 and Point Road north (cleaning and lining) at $60,000 (FY28); Point Road north (cleaning and lining) at $1,500,000 (FY29); Stoney Run, Dexter Road, Cove Street, 2nd Street at $50,000 (FY30) and $800,000 (FY31); and Parallel Water Main Transfer (Delano, Ichabod, Rezendes, Fraser, Sippican and Point) at $25,000 (FY31) and $250,000 (FY32.)

            The aforementioned truck comes up again in FY27 ($90,000) and FY30 ($100,000.) While requests are official for FY24, the amounts and precise timing over the 10-year plan are presented as placeholders and can change over time.

            For FY24, the Highway Department requested a new CAT Skid Steer at $125,000, an asphalt hot-box reclaimer (pot-hole filler) at $25,000 and drainage infrastructure on Crossfront Road at $111,600 in FY24.

            Along with the $261,600 requested for FY24, the Highway Department’s 10-year plan calls for Switch-and-Go trucks at the cost of $130,000 (FY25), $145,000 (FY27) and $155,000 (FY32.)

            The Facilities Department’s requests for FY24 are relatively light: $197,000 for window restoration at Taber Library, $125,000 to install insulation at Fire Station No. 1 and $23,000 for window replacements at the Cushing Community Center.

            Facilities’ 10-year plan is seeking $1,500,000 in FY25 and a $1,700,000 placeholder ($3,200,000 total) for complete Town House renovations.

            Also sought for FY25: $175,000 toward the community center’s new roof, $40,000 to construct a restroom at Fire Station No. 1 and $20,000 for siding and trim at the library/museum.

            For FY26, $20,000 has been requested for a condenser deck, siding on the east side and R22 to 410A refrigeration. An $80,000 request for FY 28 would address the community center’s need for a generator. A $500,000 request for FY31 would put a new roof and flashing on the main building at the Wastewater Treatment Plant and $30,000 for exterior paint on the library/museum. Fire Station No. 2 would use $80,000 (FY33) for siding, paint and trim, and a $100,000 placeholder was added for a family bathroom at the community center.

            Once the CIPC members have had ample opportunity to digest each department’s requests, the membership will reconvene to discuss and possibly review certain requests with department heads. The lengthy process will ultimately produce recommendations for the consumption of the Finance Committee and the Select Board.

            The next meeting of the Marion Capital Improvements Planning Committee has been scheduled for Thursday, January 5, at 7:00 pm.

Marion Capital Improvements Planning Committee

By Mick Colageo

The Rochester Select Board Monday night scheduled the 2023 Annual Town Meeting for May 22 and learned what will be that meeting’s most consequential article.

            The Select Board meeting began with a request from Old Colony Regional Vocational-Technical High School Superintendent Aaron Polansky to put a placeholder article on the warrant requesting funding for a feasibility study. Polansky said the state has recently “invited” the school district to submit an application for Massachusetts State Building Authority capital-improvement funding.

            Polansky noted the total, rough-estimate cost for the feasibility study into how the Old Colony building should be improved would be approximately $1,000,000 to $1,200,000, but Rochester’s share of any such cost would be based on a per-pupil charge.

            Rochester residents comprise 93 students out of 562 at the school right now. Polansky agreed with Select Board Chairman Woody Hartley’s calculation at 16.5% of the total student population. Polansky said the formula used to determine Rochester’s share of any capital costs would be apportioned to closely align with that number.

            Polansky indicated that it was premature to forecast the costs involved in a future project. He told the Select Board that the state will fund 54.16% of the “reimbursable costs” of the study and capital project. But there will be nonreimbursable costs that the district will have to fund on its own. As of Monday’s meeting, he did not have sufficient details on specific cost factors.

            The board also set the date to close the Annual Town Meeting warrant: March 3, 2023. The board acknowledged the Town Meeting will be held May 22, 2023, two days before the May 24 annual Town Election. Hartley said the latter date will remain as is.

            Next, the board heard an update from the Board of Assessors regarding the town’s tax classification. Assessors Chairperson Wendy Knapp reported the tax rate will not be set until the second week in January. This is partly because the town has just concluded a five-year revaluation period. “It put us behind,” Knapp said.

            The Select Board and the Assessors agreed to send out tax bills for next year based on last year’s rates. Residents may attach a copy of this year’s bill to the next-year bill or include their tax-bill number.

            The board then appointed Town Administrator Glenn Cannon as the American Rescue Plan Act (ARPA) authorized signatory and Finance Director Suzanne Szyndlar as the town’s authorized ARPA preparer/data entry representative.

            Cannon reported the new Personnel Board is already rewriting the town’s Personnel Bylaw and refining to which employee the Bylaw applies. The employee, he said, must be a full-time or regular part-timer not under a contract agreement.

            Cannon then noted the Building Department’s online, e-permitting has been closed down. New Building Commissioner Paul Boucher only began on the job this week and does not know how to run the system. Paper permits must be used. This is compounded by the fact there is no staff in the department with the recent departure of Patrice Braz. “It will take about a month to get up to speed,” Cannon said.

            Hartley announced a person eligible to be awarded the town’s Boston Post Cane has been found. He said the award ceremony will be held at the Senior Center, most likely during a luncheon on the third or fourth Monday of January. The Boston Post Cane goes to the town’s oldest resident.

            Select Board member Paul Ciaburri announced Eversource has told him a four to six-hour rolling blackout is being planned for Rochester sometime next year. It is an effort to conserve the utility’s gas supplies.

            Hartley countered this with good news that the town has entered into an Electrical Aggregate Agreement contract that will offer residents a less-expensive, per-kilowatt rate for electricity than Eversource offers most utility customers. Town residents would automatically be billed under this lower rate; they would have to opt out to not share that rate.

            The next meeting of the Rochester Select Board was not scheduled as of adjournment.

Rochester Select Board

By Michael J. DeCicco