Two public hearings on solar projects that were continued from September 14 were heard by the Rochester Planning Board on September 28 at the Old Colony Regional Vocational Technical High School library.

            Both projects were represented by Beals and Thomas, Inc., which found a measure of closure on one public hearing and has its work cut out in the other.

            Cushman Solar, LLC awaits the board’s decision on its applications for Special Permits for a 3.9-megawatt (large-scale) solar array for property located at 0 Cushman Road.

            Eric Las, principal engineer at Beals and Thomas, Inc., told the board on Tuesday night that the applicant had addressed the concerns of the board and the abutters.

            He noted the board’s prior vote to approve four waiver requests. On Tuesday, the Board voted to approve the amended decommissioning estimate of $186,100.

            Las said he received “a clean letter from Field Engineering,” the board’s peer-review consultant, with Ken Motta’s requests for conditions.

            Before Las was granted his wish that the board close the public hearing, abutter Julie Koczera asked for a change in the start of construction hours from 7:00 am to 7:30 am. “Our concern is on when they are constructing the access road,” said Koczera, who told the board that the access road construction will be happening in her backyard.

            The board applied standard conditions for the project, including no operation of heavy equipment on Saturdays, Sundays or holidays. On Friday, work must be concluded by 5:00 pm.

            The applicant reminded the board that restrictive conditions will make construction last longer.

            Las considered 7:30 am a reasonable start time. “We would like to have it done to minimize the construction to as quickly as possible. A half an hour in the morning isn’t going to make a huge difference,” he said.

            Koczera asked how long it will take to construct the access road and told the board she wants to make sure their septic system isn’t damaged. Planning Board Chairman Arnie Johnson suggested adding a condition that a Field Engineering representative be out on the site to witness the work. “That would be great,” said Koczera.

            Las also assured Koczera that her parents’ mailbox will see no lasting impact, but in the event it is damaged, then the applicant will replace it according to the family’s wishes.

            With that, the board voted to close the public hearing, and Johnson said a draft decision will be written by the next meeting of the board. “The important meeting,” he said, “will be the one after that.” That’s when the board is expected to render its decision on the project.

            The presentation made by Sarah Stearns of Beals and Thomas, Inc. on behalf of Hingham-based Renewable Energy Partners, LLC in its application for Special Permits to construct a solar array and groundwater protection for property located at 109 Neck Road was met with scrutiny by the board and abutters.

            The applicant is already looking to alter the permitting approach, noting that what lies under the solar array is a state-approved process. Instead of seeking a dual-usage permit, the applicant wishes to apply for a regular ground-mounted solar array, then come back to the board to address the agricultural piece at a later date.

            Per Johnson’s request, Town Counsel Blair Bailey summarized the power and purview of the Planning Board, focusing on Massachusetts General Law Section 40, Chapter 3, along with Rochester’s ability to regulate via its own solar bylaw.

            While the applicant noted that the Mattapoisett River Valley Water Protection Advisory Committee approved the project, Johnson said that the Town of Marion’s approval is likely needed because the project is in the town’s well head area. “Technically, I would argue they are a party of interest,” said Town Counsel Blair Bailey. “It is Zone 2 … but we give them the right to weigh in.”

            Poor weather canceled a planned site visit that will be rescheduled at 4:30 pm on Tuesday, October 12, the day of the board’s next scheduled meeting.

            The case was continued to October 12.

            Stearns described the project as a 1,300-foot-long canal canopy. Phase one is just a canopy over the existing canal, and the second part is the solar array.

            Abutters were mainly concerned over the screening aspect of the project, and Johnson encouraged them to pay attention as the hearing will be continued multiple times and the information will be available from the site visit.

            In other business, the Planning Board reviewed and voted to approve the draft decision for board member Ben Bailey’s Longbow Lane project at 0 Gerrish Road. As in prior cases, Bailey recused himself from involvement as a commissioner in the process.

            The board decided to grant Plumb Corner, LLC permission to perform inside work on Monday, October 11, but will not allow the operation of heavy equipment as requested in a letter to the board.

            The next meeting of the Rochester Planning Board is scheduled to be held on Tuesday, October 12, at 7:00 pm at the Old Colony Regional Vocational Technical High School and via Zoom.

Rochester Planning Board

By Mick Colageo

            Deep into what became a rather long meeting, the Mattapoisett Select Board members met with two candidates vying for the newly created position of Project Manager, a staff member to assist Town Administrator Mike Lorenco. The position will not only require skill sets in leadership, use of technology, multi-tasking, municipal finance, grant applications, and bridging the needs of the public, the expectation is that the job will continue to evolve over time.

            The first candidate interviewed was Katherine Desrosiers of Lakeville, currently an assistant to the town manager in Bridgewater. Desrosiers graduated from Suffolk University where she studied government and politics and has worked in both the House of Representatives and the Massachusetts Senate offices.

            Fielding questions from the board and Lorenco, Desrosiers said she has experience with dealing with the rapid-fire needs of the public that she said she experienced every day in her current position. “I’m used to talking people down,” when situations become strained, she said. Desrosiers also was confident she could help keep Lorenco on task and not bogged down with matters she would handle. “I can bounce between my tasks and helping the administrator stay on point.”

            Lorenco said that currently there are 14 big projects, many heavy construction projects, all demanding his attention. He asked the candidate if she could handle such duties. Desrosiers responded that currently she is working on a large municipal project in Bridgewater and that although she isn’t certified in procurement, she would be willing to become certified. She also said that she is familiar with insurance requirements for municipal fleets.

            Of her management and leadership skills, Desrosiers said that she could help staff members who may not be as fluent in computer applications through patient guidance and assistance.

            The second candidate, Jon Connell, is well known to the board, having worked as a civil engineer for Field Engineering for 12 years before moving on. He said he is well familiar with state procurement processes and contract administration of construction projects. Connell impressed upon the board his desire to provide service in the public sector. He noted his 10 years working for the City of Taunton as its engineer, finding public sector work professionally satisfying.

            On the matter of dealing with the public, Connell said, if people had questions, he would strive to answer them. He was asked how many departments he had worked with in Mattapoisett; the list was all encompassing. He also feels that, with his engineering background, he could take on tasks currently being handled by Lorenco, freeing him up to do other things.

            While the board members felt both candidates were strong contenders with diverse backgrounds, in the end Desrosiers got the nod. The Select Board members felt that, given her heavy background in municipal and state government, she would be effective on day one and that her management and leadership experience would be of value to a job that will change over time.

            The board also met with members of the Friends of the Mattapoisett Bike Path regarding plans for benches and chairs along Phase 1b and the recently completed Marion connector at the end of Industrial Drive.

            Discussions centered on the type of outdoor furnishing best suited for the area and the possibility of using them as memorials along with bike racks. There was also some discussion about the number of benches and chairs in public parks such as Ned’s Point and the possibility of placing a shade shed on the grounds versus more seating. The board agreed that no one wants a park full of benches. They did agree that seating along the bike path is necessary but needs careful planning. The green light was given for the FMBP to purchase four benches and racks for the Marion connector, given that was part of the Mass Trails Grant agreement, a grant that helped to fund the connector.

            Earlier in the evening, Lorenco advised the board that the state is looking to add a second voting precinct given that the town’s population has grown. Chairman Jordan Collyer asked that the state be contacted to find out if adding another precinct is absolutely necessary. He noted the increased expenses associated with adding another voting location. The matter will be revisited at the next meeting.

            The property tax relief program for senior citizens simply known as “senior work off” was discussed. Lorenco said the program needs to be reviewed and revised with such changes as ensuring the taxpayer is a full-time resident in the community, that the applicant’s income level is taken into consideration to ensure that those most needing the tax relief benefit from the program, and placing a limit on the number of seniors in any given timeframe. He reminded all that, in order to provide tax relief in this manner, money is funneled back to the town through an overlay account. This matter will also be revisited at the next meeting.

            The issue of private roads versus public roads and public services used to maintain and plow private roads was brought to the board’s attention for review by Finance Committee member Pat Donoghue, who said after a friend sustained injury from a cycling accident on a private road, she was asked to help ascertain who is liable for the condition of the road. Donoghue said what she uncovered is a disparity in signed agreements and the enforcement of agreements between the town and private roadway owners.

            Donoghue said that private roads can be serviced by the town with signed agreements per a local bylaw, but in accepting such services, the property owners also agree that the roadways would be open to all residents in the community. She said signs that indicate a neighbor’s roadway is private are wrong, as the roadways are supposed to be public. Collyer said it is time to audit the agreements, make sure all such agreements are in place and up to date, and where “No trespassing” signs are displayed they should be removed. Highway Surveyor Garrett Bauer said there are 89 agreements in his office and that 22 roads are being serviced with no agreements.

            Lorenco said that a reconciliation between documents held by the Highway Department and those on file at the town clerk’s office is paramount. All agreed it is time to close the gaps.

            At the beginning of the meeting, the board gave certificates of appreciation to Mary Crain, former administrator to the Planning Board, and to Elizabeth Leidhold, recently retired conservation agent. Crain served for four years and Leidhold for 13.

            The next meeting of the Mattapoisett Select Board is scheduled for Tuesday, October 12, at 6:30 pm.

Mattapoisett Select Board

By Marilou Newell

            During many previous Conservation Commission meetings, abutters have taken the commission and an engineer to task, requesting more in-depth study of drainage issues on a lot located at 7 Nashawena Road owned by Alexander Bauer.

            The latest iteration of Bauer’s plans, presented on September 27, calls for the reconstruction of an existing structure. The advertised posting of the project also states that drainage will be directed towards a low point on the lot. This has been the biggest sticking point for not only Bauer but his engineering representative, Douglas Schneider of Schneider, Davignon, and Leone, Inc.

            Schneider’s last presentation of the project included a detailed description of an in-ground infiltration system that would direct stormwater into underground basins designed to allow captured water to recharge below grade. He also had pointed out that roof runoff would be directed below grade and that the overall drainage system would greatly improve flooding issues on the lot. He did not, however, include resolution of historic drainage issues along Nashawena Road, a problem raised by abutters concerned that Bauer’s project would make matters worse for the neighborhood.

            During the September 13 meeting, abutters lobbied long and hard to be given an additional two weeks to review the new plan of record, a point ultimately conceded by Schneider in an effort to avoid an appeal of the commission’s decision. For its part, the commission believed the applicant had satisfied all wetlands-related issues and was at that time ready to close the hearing and condition the project. Instead, a two-week continuance was requested by Schneider.

            The additional time has not moved abutters David Behenne or William Straus to view the proposed project more favorably.

            Present at the Town Hall meeting room, Behenne submitted a letter to the commission that was not read aloud. But after reading it, Chairman Mike King said the letter echoed previously articulated concerns about groundwater runoff. Behenne insisted that soils in the area be tested for drainage capabilities, a procedure King said was only necessary for septic systems, not groundwater issues.

            But the biggest bone of contention on this night was raised by abutter Straus who asserted that Bauer has no ownership right to the private roadway. This prompted Schneider to say, “So, Mr. Bauer can’t get to his lot then.”

            Straus said that he had brought up ownership issues with the roadway as far back as March 2021 but that the engineer had never adequately sought legal advice. Schneider said that in his 30 years of working in the Antassawamock beach community ownership of the roads therein had never been an issue. “It’s just a driveway entrance. My client owns to the center line; there are no association rights of ownership.”

            Straus became somewhat frustrated by the sound of his voice, having entered the meeting via remote access. He said, “It’s a 50-by-70 [foot] lot as many are in the area.” But of the right to enter the property from a new driveway, Straus said, “It’s a legal opinion.… The engineer should not be practicing law; it’s a legal issue, not an engineering issue.”

            King entered the debate, telling Straus, “You’ve provided no evidence that supports your position [that the association has ownership rights to the roadways].” Straus shot back, “I brought this up last March. … I don’t have a burden of providing evidence, I am not to blame here. The engineer neglected to provide the information. A driveway exists now.”

            Straus also questioned the need to remove a swath of vegetation. King said, “Mr. Straus has asserted ownership to the association and individual residents.” Straus continued: “Title and easement issues are owned by the residents and the association; the engineer decided not to pursue.”

            “We’ve exhausted all avenues; the design has addressed all concerns. Let it play out in Land Court. Either there is a document at the registry or there isn’t,” King said before the commission closed the public hearing and then unanimously voted to approve and condition the project.

            Randall Lane Solar, LLC, represented by Eric Las of Beals and Thomas, Inc., came before the commission to give an update on items requested in early meetings relative to its proposed solar project. One such item was a complete survey of the riverfront area within and nearby the proposed solar field. Las explained that the survey prompted the designers to scale back the array field somewhat to keep it out of resource areas. It was also noted by Las that Site Plan Review was ongoing with the Planning Board and that an application to the ZBA was also pending. The hearing was continued until October 18.

            Also continued until October 18 was a Notice of Intent filed by the Town of Mattapoisett for a new sidewalk on the eastern side of Mattapoisett Neck Road from Route 6 to the intersection of the bike path. “It is a necessity and a long-overdue public-safety improvement,” King said of the plan.

            In response to several abutters who expressed concerns over drainage and possible rock-excavation activities, Town Administrator Mike Lorenco said, “Money for this project is tight,” therefore any planned construction would be executed with that in mind.

            Lorenco invited the public to contact his office with any concerns before, during, and after completion of the project. He said that concerns expressed over speeding on the heavily used roadway are being studied. Lorenco also assured the public that this project is to be funded in total by grants.

            A Request for Determination of Applicability filed by William Clapp for property located on lots 39 and 42 off Mattapoisett Neck Road for mowing near a barrier beach and dune area received a Negative 3 determination. Also receiving a negative determination was an RDA filed by Timothy Eilertsen, 28 Sagamore Road, for the underground placement of a gas tank and porch footings.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Monday, October 18, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell