The reality that Mattapoisett will soon be facing a vacancy in the Conservation Department was a main topic of discussion when the Select Board met on June 29 with Conservation Commission Chairman Mike King and commissioner David Lawrence. Conservation Agent Liz Leidhold’s impending retirement will leave a critical element, implementation of the Wetlands Protection Act, without an in-field agent.

            “We are at a crossroads,” began Select Board Chair Jordan Collyer. He said that a part-time conservation agent position that Town Administrator Mike Lorenco said had been advertised on municipal employment platforms had not stirred interest.

            King confessed that the commission as a whole had not fully appreciated the depth of work Leidhold had been handling alone since the departure of the clerk many months prior. Leidhold had single-handedly been conducting all field work and all Conservation Department paperwork.

            “We’ve been in our COVID bubble and never realized how much work she was doing,” King said, evaluating that between clerical duties and field work, a full-time position should be considered as a possibility. He said the Wetlands Protection Act imposes strict regulations on cities and towns, regulations from which he does not want to run afoul.

            King shared three scenarios for the board to consider: Expand the search for a new agent; make the position full time; and/or hire an agent as a short-term contractor.

            “I’m in favor of a full-time agent … if we can live with a combined position,” Collyer said, acknowledging the challenge of hiring any new staff at this point in time. “We’d need to make the dollars work.”

            Select Board member Jodi Bauer said of a full-time position, “We have to consider the (employee) benefits and where that’s going to put that person at.”

            Collyer said the board needs all the details in terms of compensation for a full-time agent and if the position could in fact be a combination of clerical and field duties. Leidhold had been working as a part-time agent for a number of years before assuming the clerical duties as well approximately two years ago. Some intermittent clerical assistance had also helped to keep the Conservation Department office moving forward.

            Collyer said the next step is to approach Leidhold to ascertain her interest in applying for the full-time position. Barring that, then asking her if she would be willing to work as a consultant after her retirement date of July 20. The board and commission also agreed that a hard look at the commission’s fee structure is warranted. The matter will be brought before the board again at the next meeting.

            In other personnel matters, Lorenco said he has begun the department head review process, a process not previously part of the town’s human resources guidelines. He said a nine-page employment review booklet covered job-related aspects such as knowledge of the position held, leadership, goals, and professional development. Collyer said that the department head review process should be incorporated into the human resources policy book.

            The board also considered a request made by the proprietors of the Captain and Walrus restaurant for permission to have a mobile alcohol bar for outdoor service. The matter was tabled until the next meeting pending consideration of details such as patron safety, impacts on zoned parking requirements, and issues related to crowds congregating outdoors. Collyer said the request would have to be reviewed by the Massachusetts Alcoholic Beverages Control Commission. Both board members agreed that the restaurant is an asset in the community. “They’ve done a good job,” Bauer said.

            Lorenco reminded the public that repair work will begin on July 12 on Acushnet Road, lasting for approximately 30 days. He also said that Phase 1 repairs to the Highway Department Building on Mendell Road have been put out to bid. Also announced was a meeting with ORCTV on July 13.

            Although not listed on the agenda for this night, Collyer brought up the possible future sale of the soon-to-be-retired fire station. “We need to consider the best course of action,” he said. Lorenco said he had been in discussion with Town Counsel, whom he said advised deed restrictions before any future sale to ensure that the property is utilized by new owners in a manner acceptable to the town. Collyer asked Lorenco to prepare a request for quotation for real estate services as well as details on public auctions.

            Lorenco also reported that members of the Collins Institute team, engaged via a Community Compact grant to study various municipal buildings and the transfer station operations, had visited the town. The full study including more in-depth field work will commence in July, he said.

            Earlier in the meeting, the board appointed Andrew McGraw and Luis Dasilva as reserve police officers and dissolved the Declaration of Emergency that had been imposed due to the pandemic.

            The board approved a request by the Mattapoisett Land Trust for a one-day malt only and entertainment license for its annual Great Community Picnic to be held on August 5.

            On a humorous note, after announcing that the Lion’s Club at 7:30 pm on Saturday, July 17, will be opening a 50-year time capsule that was laid under the gazebo, assistant to the board Mel Pacheco said, “If we can find the key!” Everyone had a good chuckle on that point, concluding that a hammer might be needed.

            It was noted by Lorenco that town boards will continue to use Zoom for public meetings, although in-person attendance at Town Hall or other public spaces will remain available. He said the state has voted to allow public meetings to continue on remote platforms until April 1, 2022.

            The next meeting of the Mattapoisett Select Board is scheduled for Wednesday, July 14, at 6:30 pm.

Mattapoisett Select Board

By Marilou Newell

            In a public hearing on June 24, Jorge Rodriguez came before the Rochester Zoning Board of Appeals seeking a special permit for an addition for a conversion to a multi-family house at 12 Mayflower Lane.

            Rodriguez also sought two variances; the first for relief from the town’s requirement for the size of the lot, and the second to allow more than a 30-percent increase in the structure floor area under Chapter 20.40, Section F.9.a of the Rochester Zoning Bylaws.

            What Rodriquez did not seek in Case No. 1165 was a variance for relief from Rochester’s 300-foot frontage requirement for multi-family dwellings. The 65,531 square-foot property, zoned as Agricultural/Residential, has 273 feet of frontage.

            This problem came to light while the ZBA fielded public comment from abutters and other interested parties.

            Questioned by an abutter as to the setback requirements for multi-family versus single-family dwellings, ZBA Chairman David Arancio read the bylaw aloud and said that Rodriguez meets the setback requirements, but he also noted in response to a question that the required frontage for a multi-family dwelling is 300 feet.

            Asked about the relevance of the frontage requirement to the case, Arancio said he would have to defer to Town Counsel for interpretation of the bylaw. Upon returning from a private call with Town Counsel, Arancio told the applicant that the 300-foot frontage bylaw for a multi-family dwelling would require another variance not contained in the present application.

            Faced with a choice between a continuance of the public hearing or withdrawing his application without prejudice in order to reorganize for a new application, Rodriguez chose to withdraw his application. He indicated intention to consult with his architect and resubmit an application that he hopes will not need to seek relief from any zoning bylaws.

            Rodriguez was already facing a challenging situation in the hearing, as ZBA attendance was limited on June 24 to four members. In introducing the public hearing, Arancio instructed Rodriguez that, with only four ZBA members present, all four needed to vote in the affirmative in order to grant the special permit and the variances. Rodriguez consented and proceeded under those conditions.

            Rodriguez, who has owned the property for over three years, conceded that he can amend his addition to conform with the 30-percent maximum allowed.

            Asked by an abutter about the expansion of the septic system encroaching the 100-foot buffer to a neighboring well, Rodriguez described his 1,500-gallon septic system and said he can redesign its associated leaching field to run parallel rather than toward the buffer zone.

            Arancio reminded the attendees that the Conservation Commission and the Board of Health would need to vet the septic system.

            Due to the absence of some members, the board agreed to postpone a scheduled vote to reorganize until the next meeting.

            The next meeting of the Rochester Zoning Board of Appeals is scheduled for Thursday, July 8, at 7:00 pm.

Rochester Zoning Board of Appeals

By Mick Colageo

            The Marion Marine Resources Commission spent over two hours on Monday night at the Marion Police Station pouring through final revisions of aquaculture regulations that have not been changed in a quarter century.

            The goal was to put a wrap on the process and vote to approve for recommendation to the Select Board, but the June 21 meeting led to further discussion and tweaks.

            One major change that came out of the discussion is the opportunity that aquaculture license holders will have to acquire more than the half-acre plots presently allotted.

            Regulation No. 6, heretofore limiting license holders to half-acre sites, proposes a 3-acre limit. If approved, over the first year the town will authorize usage of only a half an acre of the site. A license holder approved for a larger site such as 3 acres would still be responsible during that initial year of non-usage beyond a half an acre to pay $75 based on the town’s $25 per acrefee. Harbormaster Isaac Perry pointed out that they need to pay $400 on top of that for the mooring permit.

            “If they choose to have an operation, it would behoove the town to have them look for a 3 acre site and have it surveyed,” said Deputy Harbormaster and Shellfish Officer Adam Murphy, who summarized the responsibility of a new applicant to plot out the area, conduct an eelgrass check, and their ability to avoid repeated applications for expansion.

            MRC member Scott Cowell, also a shellfish farmer, objected to a 3-acre maximum. “The average kelp farm is 25 acres…. You’re restricting and restricting and restricting and I don’t go along with that,” he said.

            Perry said there has got to be a limit for Marion, and MRC Chair Vin Malkoski agreed. “There’s only so much pie out there,” said Malkoski. “If everybody’s just a little bit unhappy, we’re just about there.”

            Regulation No. 1 was loosened from a license holder’s requirement of three years’ experience to three years’ experience or education, a prerequisite for consideration in Regulation No. 2. But business owner Chris Bryant of Bryant Brothers Shellfish Company said he cannot afford to hire somebody for three years, so they get experience and then get the license. “If I’m sitting on a half an acre, who from Marion (or Rochester) is going to be able to buy my unit?”

            Malkoski said he would have some concern about “somebody who’s only got education and has never operated a grant.”

            Perry said the state’s Division of Marine Fisheries considers Marion’s half-acre sites to be “hobbyist” as opposed to full-blown business operations.

            Upon research of other towns’ practices, Murphy proposed a revision for Regulation 3 requiring farmers to get three quotes to clean up a site because not one size fits all, and instead structure “a minimum value of $200 for an annual bond” based on the price of an insurance policy against a worst-case scenario. If a fisherman has no or poor credit, it will cost more to clean up. Cowell suggested replacing the amount with a number as “determined by the Board of Selectmen.”

            In answer to Cowell, Perry told the MRC that his and Murphy’s contracts expire in two weeks and that the Harbormaster will fall under the town’s employee policy effective July 1 (FY22).

            “Being an employee at-will is problematic,” said Perry. “As an employee at-will, we will not be using our discretion as freely as we have.”

            Cowell and other MRC members recommended forming a statement to town administration objecting to the change.

            The MRC’s next scheduled meeting is July 19, but a special Zoom meeting is anticipated before then to finalize aquaculture regulations.

Marion Marine Resources Commission

By Mick Colageo