Concerns over the removal of a detention flood pond on private property located at 2 West Silvershell Avenue consumed the lion’s share of the January 24 Mattapoisett Conservation Commission meeting.

            Property owner Donald Middleton submitted a Request for Determination of Applicability, which if favorably granted, would permit the filling in of a large flood detention pond that he said was mandated when he built his home some 25 years ago.

            Middleton said that while attending public meetings held for a Notice of Intent filed by his neighbor Karl Pothier for the construction of a single-family home at 2 Holmes Street, he was surprised to learn that Pothier’s project would include a large amount of fill, something Middleton said had been denied during the planning of his home. Middleton said that in order to level off his property for a lawn, some fill was needed but that he was instructed to remove an equal amount of material elsewhere on his property, hence a flood detention pond was created.

            During Pothier’s hearings, Middleton learned that possibly a regulatory error had been made decades earlier and thus filed a RDA to fill in the pond that he said has been a breeding ground for mosquitos.

            Pothier questioned why Middleton was not required to file a site plan as he had been required to do prior to construction of his home. Chairman Mike King believes that Middleton’s RDA did not rise to the level of requiring a site plan just to fill in a hole.

            Other abutters located at 8 Prospect Drive and 3 Prospect Road added their voices, saying that removing the detention pond would mean both groundwater and stormwater would flood other parts of the beach community.

            Conservation Agent Brandon Faneuf, along with King, explained that filling in the pond would not create more flooding in the area and that because Middleton’s property is a large lawned parcel, there would be sufficient opportunity for water to recharge below ground. It was also pointed out that a nearby saltmarsh was not creating flooding conditions that were being mitigated by the detention flood pond because, as King said, “Water doesn’t flow uphill.”

            The filing received a negative-three determination. King cautioned Middleton, saying, “Wait for the 10-day appeal (period) to expire; I have a feeling this (decision) will be appealed.”

            Later in the proceedings, commissioner Trevor Francis produced photographic evidence that the Brandt Point Village subdivision is “a mess.” While pointing out various violations, he described crushed erosion-control features, lack of turtle fencing and trash littering woodlands, calling it “a disaster.” Francis said that the new owner of the subdivision, Christian Farland, had agreed to meet on site.

            Francis also brought to the attention of the commission possible unpermitted activity along jurisdictional riverfront property at the intersection of Crystal Spring and Acushnet Road. A two-lot subdivision had been permitted, but Francis said it appears that some clearing has taken place deeper into a large parcel behind the residential construction area. All matters of concern would be followed up, it was noted.

            Earlier in the meeting, Christopher Neill of Woodwell Climate Research Center received a negative decision to his filed RDA for the installation of a 2-inch-diameter pipe and gauge planned for Tripp Mill Brook, instrumentation used to study nitrogen levels from streams that empty into Buzzards Bay. Neill said this is part of a larger research project covering streams from Westport to Wareham.

            A Notice of Intent filing by Mark Cannon, 65 Mattapoisett Neck Road, for the construction of a 4-foot by 185-foot private residential pier was continued to February 14.

            Faneuf reported that an Enforcement Order issued to property owners for 13 Industrial Drive was being acted upon, including the development of remediation planning.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Monday, February 14, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

            Mattapoisett’s Capital Planning Committee has been on a mission for over a year now, a mission to cast a wide net that will capture every possible expense over $10,000. To that end, the committee chaired by Chuck McCullough has developed new processes geared to aid department heads whose responsibilities include fiscal planning well into the future.

            As the committee prepares for Spring Town Meeting, the first step in crafting an updated 10-year Capital Plan begins with interviewing department heads. On January 24, the committee met with Fire Chief Andrew Murray and Water and Sewer Superintendent Henri Renauld.

            The meeting was held in the gleaming new Fire Station’s community meeting room with Murray the first to be interviewed.

            Tops on the Fire Department list is a new fire engine with an estimated cost of $650,000. It had previously been disclosed that the 1996 engine was beyond repair and needed replacement as soon as possible, but the Capital Plan originally had the expense pegged into Fiscal Year 2023. Now, given the critical need to replace the apparatus and the long lead times in ordering the custom-built vehicle, the purchase was moved up to FY22. Murray said the design and specification had been provided to the manufacturer with an expected turnaround time of 12-18 months. Also planned for FY22 are 20 Scott Air-Paks, which is fully funded at $60,000 and the SAFE boat pontoons at $14,500.

            Moving over to FY23, Murray said the department needs a support vehicle aka Fire Inspector SUV for $50,000. Making his case, Murray said that transporting fire department trainees to out-of-town training centers is necessary and currently not easily done with the 15-year-old truck now in use. He said the old truck received a rejection sticker at its last inspection and had 150,000 miles on the engine. The new SUV would also be used to tow trailers and boats, he said. “It will be used daily … it’s time to add a support vehicle,” said Murray.

            Asked if he could quantify the number of hours per week a new vehicle would be used, Murray was unable to deliver an estimate but said that the vehicle would probably log in 10,000 miles per year. Murray emphasized the increasing number of calls the department handles. He also made it clear that in the 22 years he has been in the Fire Department, it has never requested a support vehicle. The $50,000 expense is the only capital need that the chief is requesting for FY23.

            Longer range, Murray projected for FY24 $6,800 for a replacement pump that was later deemed an operating expense rather than a capital expense. For FY25, requests include radio upgrades at $150,000 and helmets at $9,000. For FY26, a new rescue truck at $300,000 and a new Fire Chief vehicle at $50,000 were requested. For FY27, the department seeks a thermal imaging camera at $15,000 and an engine-frame replacement at $150,000. For FY28, Murray requested the replacement of Engine 2 at $600,000. For FY29, extraction tools at $45,000 were requested and for FY30 replacement of the town’s forestry truck at $85,000.

            Throughout the discussion, committee members asked questions intended to better understand items populating the Capital Plan spreadsheet, especially regarding the support vehicle.

            High on Capital Planning’s to-do list is a fuller understanding of the types and number of town-owned vehicles in its fleet. McCullough, commenting on the number of municipal vehicles said, “We need to tackle vehicles as an asset over 10 years … we’ve seen an explosion over the last 10 years (in the number of vehicles the town owns.)

            Next up was Water and Sewer Superintendent Henri Renauld who early in the discussion said there had been an unexpected emergency at the Oakland Street pump station. He said that failing pumps that meet at that location allowed effluent odors into the atmosphere. He said five new manholes are planned for the system at that station for FY23 with a cost of $680,000.

            During a general conversation that covered a number of topics, Renauld explained that before new sewer lines could be planned 2/3 or 60 percent of the residents living along the proposed new line would have to agree on the betterment fees. He also said that expanded capacity would be purchased.

            Regarding prior town meeting approvals and appropriations, Renauld said that presently his department(s) has between $300,000 to $400,000 money that could be reappropriated for like projects by Town Meeting approval.

            Renauld talked about the need for constructing a Water and Sewer Department structure, possibly on town-owned property on the north side of the Bay Club. He said his department(s) pay about $4,000 a month in rent for several locations. Renauld said that the Water Department building on Church Street could be sold to defray new-building construction costs.

            On the spreadsheet, Renauld listed for FY23 GIS $5,000, plant and piping updates; $21,000, Pease Point and Hollywood neighborhood sewer extension; $24,000, FY 24 sewer station rehabilitation; $35,000, plant and piping updates; $37,000, Eel Pond force main; $3,000,000, Pease Point and Hollywood sewer extension; $3,100,000, FY25 Route 6 west sewer; $2,250,000, 50 percent for a new truck at $35,000; FY 26 sewer-station rehabilitation; $40,000, Harbor Beach sewer extension; $2,800,000, FY27; $1,300,000 Route 6 west sewer; FY28 sewer-station upgrades $40,000;l FY29 North Street sewer $2,200,000; 50 percent for new truck at $40,000; and for FY30 $40,000 in sewer-station upgrades.

            Earlier in the discussion, Renauld said work long planned for Pearl Street and the village area including replacement of circa 1910 and 1945 water pipes was still planned, part of a much larger Village Streets project.

            The next meeting of the Capital Planning Committee was not announced upon adjournment.

Mattapoisett Capital Planning Committee

By Marilou Newell

            Once the Rochester Planning Board arrived at the most expedient way of gaining an easement to property being divided for the sake of creating a residential lot off Mary’s Pond Road, Decas Cranberry Company LLC made substantial progress with its plans.

            Tuesday night’s public hearing at Old Colony Regional Vocational-Technical High School library was focused on a Definitive Subdivision application filed by the Rochester-based applicant within the Residential/Agricultural District for property known as Merry Bog and according to record, owned in part by Carver-based Fruit D’Or Real Estate USA Corporation.

            Decas is proposing a two-lot subdivision with a 365-foot-long, recycled-asphalt driveway. The driveway will presumably function as a private road called Merry Way and serve as emergency access to be maintained by the owner of the residential lot in perpetuity.

            Representing Decas, New Bedford-based John Libby appeared in person for the meeting, and Zac Basinski of Bracken Engineering which performed the drainage design, participated via Zoom.

            After Libby explained that the first 50 feet of the driveway will be paved and the rest gravel, Basinski asserted that the swales “should be adequate” for drainage.

            Planning Board Chairman Arnie Johnson wanted more than verbal assurance.

            “Five years after everyone’s gone … we want to make sure Mary’s Pond Road isn’t going to take on any water,” he said.

            Hypothetical scenarios are treated as imminent reality for the sake of conserving town finances including legal costs so the board and the applicant’s representatives batted around ideas on conditioning an easement. While Basinski said the applicant cannot grant itself an easement until the property’s owner is known, a condition can be put on an easement. Libby said that the easement is part of the lot right now.

            Planning Board member Ben Bailey suggested the applicant grant the easement to the town right now by delivering a draft version to the board. The board would presumably relay the easement as presented to Town Counsel Blair Bailey (no relation) for his approval.

            Ben Bailey then said, “We should have the attorney write the easement.” Johnson concurred, noting “that way it doesn’t affect the permitting” and appeal process. “We’re all in agreement. … It’s still future, but we have the easement now.”

            While the easement was the main point of discussion of a very well laid out and illustrated plan, Johnson told the applicant’s representatives, “We don’t approve subdivision plans the same night that we get them.”

            Johnson noted the substantial work done by the board behind the scenes to reach a point where the easement could be the only substantial point of discussion on this night.

            The Select Board will be the approving agency for the street name, currently planned as Merry Way.

            The Planning Board voted unanimously to close the public hearing. Johnson said the draft decision will be sent out and then a vote for final approval of the decision will be taken at the next meeting. Meantime, the board has two weeks to pour over details of the case and revisit the site as it finds necessary.

            In her Town Planner’s Report, Nancy Durfee told the board that “some of the escrow has moved forward” and updated the members on several projects including Connet Woods, Snipatuit, Mattapoisett and Rounseville Roads. Work on those roads will wait until spring.

            Durfee visited Hartley Mills and described the site as well vegetated with the roadway in good condition.

            Three units at the Plumb Corner village development have been sold and powered up with electricity, but the septic is not up to the same point of progress, needing pumps and/or technical features installed.

            The units cannot be conveyed until the Planning Board okays following its site visit, and the Board of Health would need to approve the septic system. The board agreed that with all three phases of septic going through one system, the development will need generator backup.

            Next week, said Durfee, there will be an internal check on operations involving Field Engineering. The associated playground is estimated to be two weeks out and has been reconfigured to the other side closer to the mall.

            Durfee was to attend a meeting of the Southeastern Regional Planning and Economic Development District (SRPEDD) on Wednesday, where it was expected there would be discussion about the MBTA.

            Johnson asked about site work at Matt’s Diner, where some cleanup has yet to solve relocation of a shipping container that will be displaced by a playground. “I’m sure the public-safety people are going to want to know where that’s going to go,” he said.

            Durfee also reported having attended a very productive meeting with representatives from other town departments.

            Board administrator Victoria D’Antoni reported on a new computer interface that will allow applicants, town personnel and the public to view permitting processes for ongoing projects. Using the Viewpoint program, applications can be submitted online. The town clerk will have an electronic time stamp and can still require hard copies for the clerk’s office.

            “I think it makes things more accessible for everyone involved,” she said, noting that other departments can view where an application is in the process.

            Johnson said he has found the system used by the Town of Marion to be difficult particularly as it requires information difficult to access. “It’s all required and you can’t bypass it,” said Johnson, noting he has applied for three permits in Marion. “Every time I’ve had to call the building inspector and get information from him … what zone you’re in, and you can’t get that information so, in the end, you’re still making a call.”

            “Some building officials like it and some don’t like it … there are things to look out for,” said Durfee.

            The board approved payments of $1,634 plus interest for escrow account back to Covanta, $500.07 in escrow back to Ben Bailey, and $1,878.78 and $812 to solar-project applicants.

            A special permit application from Renewable Energy was continued to February 8.

            The next meeting of the Rochester Planning Board is scheduled for Tuesday, February 8, at 7:00 pm.

Rochester Planning Board

By Mick Colageo

            The Marion Energy Management Committee is at a critical stage in its effort to influence the energy-consumption designs of two major municipal construction projects facing Marion voters this year, as both a new Department of Public Works operations center and a new Maritime Center will be on the May 9 Town Meeting warrant.

            Both matters were discussed during the committee’s public meeting on Monday afternoon.

            According to EMC Chairman Christian Ingerslev, Town Administrator Jay McGrail has indicated that there are opportunities to reduce power in the proposed DPW headquarters at Benson Brook.

            “If we could figure out a way to do some solar in town, maybe it would be enough to cover our (new) buildings, especially in the case of the Harbormaster,” said member Bill Saltonstall.

            Ingerslev was quick to qualify such an effort: “As long as it doesn’t compromise the agreement we have with Future Generation Wind. … I couldn’t agree more. We need to keep monitoring the usage of power as their buildings come online.”

            Having turned over every known rock inside the town lines in an effort to bring up Marion’s Green Communities profile, Saltonstall lamented that the only apparent place for more savings is new (electric) police vehicles.

            “We’ve got to find ways to push us over the top, the 20 percent (that would qualify Marion for a new wave of grant funding for green-energy-related projects,)” he said, noting that all the town’s departments need to become cognizant of this ongoing effort.

            Saltonstall and Ingerslev further discussed work slated for the Cushing Community Center and the Taber Library as potential opportunities to install heat pumps and go electric.

            Member Jennifer Francis asked about some leasing of town property for the sake of more revenue-generating solar installations. Member Alanna Nelson discussed aggregation and said there may be incentives to buy a greener plan, noting multiple levels.

            Member Tom Friedman told the committee that he is now working with Trinity Solar and seeking information. Francis said she will email My Generation Solar.

            While the new Maritime Center is approaching its construction phase, the EMC has been aggressive in trying to influence the harbormaster’s new headquarters toward a net-zero energy design. Ingerslev told the members that there was a recent meeting and that he is waiting for a report back on how close to net-zero the designers can get and the associated cost.

            Francis said it’s crucial that the town understand the two sides to the cost coin. “Not just cost … I hope it would take into account the savings. This is an investment, not an expense,” she said. “If we have a net-zero building in town, it’s going to save a lot of money. It’s going to cost a lot up front, but … the lifetime savings, not the lifetime cost.”

            Member Eileen Marum noted that Representative William Straus recently said that most of the net-zero projects that lead the way in an energy revolution are going to come from the local level and not to expect that to start at the federal level.

            While reporting to the EMC that he was still waiting for a reply from Green Communities on Marion’s initiatives, Saltonstall new blood is working on the Mass Energy Insight program.

            “I expect to hang on to my membership on the committee for a while, but my days are probably numbered, and it’s time for someone to get involved,” he said. Friedman welcomed the idea and said he would like to become Saltonstall’s “understudy.”

            Late in the meeting, Marum discussed the importance of a designated escape route, the necessity of roads in good repair and especially culverts. She said the culverts must be able to handle the levels of a 100-year storm event and that any new infrastructural designs should likewise project out to 2100.

            Early in the meeting, Francis, an associate member, asked about becoming a full-voting member, citing that the EMC is down members. Ingerslev said the Select Board prefers an odd number of votes. Nonetheless, he offered to write the board a letter.

            Nelson said the committee should seek more membership as the solution. Citing Marion’s Multi-Hazard Mitigation Plan status update, she identified it as a “perfect opportunity to make sure we’ve got Jennifer operating as a full member.” Ingerslev said it is his own prerogative not to vote for that sake.

            The next meeting of the Marion Energy Management Committee is scheduled for Monday, February 28, at 5:00 pm.

Marion Energy Management Committee

By Mick Colageo