In early 2020, the Mattapoisett Planning Board began working on a solar bylaw that would put in place regulations on various sized solar arrays. From studying solar bylaws in other communities to attending conferences on the topic to working with legal teams, former Planning Board administrator Mary Crain and Planning Board member Janice Robins drafted several versions for the full board’s review and consideration. But there have been fits and starts.

            Crain stepped away from her position, and then there was the pandemic. This basically left Robbins pushing forward alone. With each edit, the full board would provide comments, but the task of writing the bylaw was primarily left with Robbins.

            On March 9, the Planning Board held a public discussion to give residents the opportunity to vet the latest draft document that had been made available on the town’s website for many weeks.

            Upon opening the discussion, it didn’t take long before Russell Chase questioned several parts of the text. “You shouldn’t be considering kilowatts, you should be considering space,” he stated.

            Administrator of Assessing Kathy Costello supported Chase’s comment. “He makes a good point that limiting the kilowatts doesn’t accomplish anything. It kinds of penalizes a landowner as panels get more efficient, and you can produce more in that same amount of space. I don’t think there’s a reason to limit kilowatts,” she said.

            Robbins said in response that state guidelines had been used to draft the bylaw. “The intent was to control commercial arrays, not residential.”

            Costello then expressed concern that the latest draft was too restrictive and could result in revenue losses in the future. Costello has been vocal in her opinion that P.I.L.O.T. programs (payments in lieu of property taxes) brings new income to the town. She was instrumental in securing a Home Rule Petition for Mattapoisett that grants the town the authority to negotiate P.I.L.O.T. programs with solar developers. The request was passed by the legislature in July 2020.

            Costello said, “We need to look at Mattapoisett as Mattapoisett and take a hard look at what we are planning, not killing possible revenue. Ninety-four percent of the town is residential, we need commercial development.”

            In follow-up correspondence with the Wanderer via email, Robbins stated, “The board has supported the idea that individual solar systems which service a residential property would not be subject to site plan review especially since they would be classified as small scale systems…I believe the current law on solar requires that towns permit solar installations subject to reasonable regulations.” She also noted there was more work to be done on the draft and welcomed public input.

             Costello commented that she was “shocked” no one from the Planning Board had included her in discussions on the matter. Robbins noted that public notices listed it as an agenda item for months and was “surprised” that Town Hall didn’t know this was being developed.

            In the end, it was determined that a public hearing on the solar bylaw previously planned for March 21 at 7:00 pm would go forward, providing another opportunity for the public to weigh in. It was also decided not to bring the bylaw to the May Spring Town Meeting.

            The next meeting of the Mattapoisett Planning Board is scheduled for March 21 at 7:00 pm.

Mattapoisett Planning Board

By Marilou Newell

            The Marion Finance Committee held its final department interview for the FY23 budget season on March 9, taking on the Department of Public Works.

            The DPW covers a lot of ground between water, sewer and highway, but Director Nathaniel Munafo’s more complex challenges come on the sewer side, where projects large and small add up in a town with an aging infrastructure and plans for dramatic residential growth.

            One of the more subtle issues is the future of sewer among approximately 450 homes in the town’s sewer-user area that have grinder pumps. The homes are located in three specific locations off Converse, Dexter Beach and North Marion and are dealing with failing grinder pumps that were installed during a time when Munafo says that gravity pumps were more expensive.

            Residential pump repair will see a proposed increase from $60,000 budgeted for FY22 to $80,000 for FY23. The town is responsible for the maintenance of grinder pumps, which are largely outdated and at this point more cost effective to replace rather than repair.

            FinCom Chairman Shay Assad asked how many pumps fail on an annual basis. Munafo estimates between 40 and 50 fail per year. In FY21, reported Munafo, the $60,000 pump-repair line item was overspent by $9,228. As of December 31, 2021, the same line item was on track to be overspent by $20,000.

            “That’s how we came up with this number for FY23, to at least match what we’re doing right now,” said Munafo.

            Select Board member John Waterman said the town is trying to come up with a policy that will get the town out from under an increasing cost.

            “We’re looking at a number of options to recouping our costs in the short term,” said Town Administrator Jay McGrail, who confirmed that the item will be on the next agenda of the Water/Sewer Commission.

            Waterman said there was a mismatch between the financing (via 30-year betterments) and the average 15-year life of the grinder pumps. FinCom member Peter Winters said that home sales should pay off betterments and free the town of further obligation in those cases.

            A grinder-pump core costs approximately $3,000, but a full installation costs between $8,000 and $10,000, according to Munafo.

            Waterman believes a pump station might be built for the cost of 48 grinder pump installations.

            Sewer engineering will see a $10,000 increase (from $30,000 to $40,000) in preparation for NPDES permit renewal and grant applications. The permit that governs how the sewer system discharges is up for renewal.

            Munafo said a federal BRIC grant application for $10,000 would result in the hire of the Woods Hole Group to help write the grant application for the Environmental Protection Agency. If procured, the grant would offset 75 percent of the construction for the Front Street pumping station.

            Under the proposed budget, Marion’s property maintenance line would increase by $3,500 (over 32 percent) due to a flat-roof maintenance agreement for the WPCF/DPW office. This is a Hazard Mitigation Plan priority and is recommended by the Facilities Department in the wake of leaks through the 15-year, flat rubber roof.

            “In other years we’ve kind of put that off in the contract-services line,” something Munafo said could no longer occur.

            Munafo proposes $60,000 in FY23 sewer testing, a $14,000 or 30 percent increase over the $46,000 budgeted for FY22. Additional testing, he said, is tied to administrative orders to test for nitrogen after the lagoon project is wrapped up in May. Testing in the lagoon will increase from a quarterly to a monthly basis.

            “It’s very complicated, a lot of hard work goes into what is being done up there,” said committee member Fred Mock, who spoke about birdwatching with his father 40 years ago at the Wastewater Treatment Plant site, noting that at the time there were only the “sewage ponds.”

            Other notable budget increases on the sewer side include $7,000 to repair motor vehicles, a 100- percent increase over the $3,500 that was budgeted in FY22; current FY22 spending (as of March 9) is $4,581.61.

            “We’ve doubled that line. The reason we’ve done that is the two sewer vehicles we have at the moment are both fairly old, and we’ve been seeing significant increases in the cost of repairing the vehicles,” said Munafo. “We’re seeing that in the Water Division’s vehicles … but we’re also seeing significant increases from the motor-vehicle companies in how quickly they’re able to respond both for parts and for new vehicles.

            “The two F-550’s that the Highway Dept. purchased last year … we don’t even have a production date as we sit here at the moment. … We want to make sure we have enough money to keep these trucks on the road.”

            Munafo’s PowerPoint presentation on the Water Division budget included current FY22 spending at $6,160.20 and counting, almost all of which was earmarked for Truck No. 12. A capital request to replace that truck could take over a year to be realized, according to the report.

            Alternate committee member Ann M. Iannuzzi was impressed with the amount of information that DPW employee Becky Tilden shared in the process.

            Proposed water-system repairs include: an increase from $20,000 budgeted for FY22 to $50,000 for FY23. Munafo explained it as a net reduction of $35,000 because the increase takes the place of a $50,000 Hydrant Replacement capital item, while $15,000 was taken out of Well Exploration to help offset the line item.

            McGrail opened the meeting by summarizing revised budget information including lower-debt numbers from Bristol Aggie. He also noted that the Tri-Towns came to an agreement to support Old Rochester Regional High School’s outdoor-track repair project. A $125,000 assessment has been added to Marion’s budget proposal to reflect that, and McGrail said the town was only tweaks away from achieving a balanced budget “fully loaded” and getting ready to present as the final budget.

            The Finance Committee was scheduled to meet on Wednesday to discuss its FY23 budget overview and make recommendations to the Select Board. The next meeting of the committee has not been scheduled.

Marion Finance Committee

By Mick Colageo

            In appearing before the Rochester Planning Board during the latter’s March 8 public meeting, Brian Wallace of JC Engineering, Inc. formally requested a judgment of “substantial completion” for Units 1, 2, 21, 22, 43 and 44 of the Plumb Corner Village housing development.

            “Forty-four is a model home so it’s really five units that we’re hoping to gain occupancy for,” he said.

            Wallace referred to an original request date of February 16 and a meeting with Field Engineering, Rochester’s peer-review consultant, along with the town planner, highway surveyor and site foreman. Outstanding issues were included in a report that Wallace said JC Engineering received on February 28.

            Reading from a prepared statement, Wallace outlined actions taken to address the concerns noted in the peer-review report including a safety plan to be signed off by Fire Chief Scott Weigel and Police Chief Robert Small.

            Other issues included: no-parking zone; reflective house numbers; a partial as-built plan showing that all finished units meet setbacks in the site plan; the clubhouse (projected for interior completion by the end of May); temporary fencing, a playground, plantings and a septic system.

            Town Counsel Blair Bailey told Wallace that the day the site opens it has to be compliant under the American Disabilities Act (ADA).

            Safety was a major concern of the Planning Board as it applies to exposed basins and large machinery on site of the overall incomplete development.

            Planning Board Chairman Arnie Johnson asked if the fire chief had received the safety plan. To that point, Wallace had filed the plan with the town but not specifically with the fire chief. Johnson said Weigel needs to be in the loop “because his opinion is very critical to our decision. … We don’t have anything from the Fire Department at this point.”

            Planning Board member Ben Bailey agreed, calling it “enormous oversight” on the part of the applicant not to submit its plans to the fire chief.

            Blair Bailey said that any verifiable thing can be a contingency on a board vote. He said that theoretically the board could vote contingent on the approvals of the fire chief, the Board of Health and peer-review consultant Ken Motta of Field Engineering.

            In a follow-up call with Town Planner Nancy Durfee, it was learned that the board did vote at the conclusion of its March 12 site visit to recognize substantial completion contingent on the meeting of conditions that were discussed during the March 8 meeting. The decision, being written by Durfee, will be ratified at the board’s March 22 meeting.

            Since the septic system is not complete, Planning Board approval would be contingent on Board of Health approval.

            The road to establish a “substantial completion” judgment formed the main subject of the March 8 regular public meeting of the Planning Board.

            In that discussion, Blair Bailey isolated the question as to what on Motta’s peer-review list of requests needs to be addressed in order to make the requested lots resident ready.

            Although Ben Bailey asserted that completion of the clubhouse and playground were agreed upon as prerequisites for substantial completion of Phase 1, Blair Bailey confirmed that the board has the power to release a portion of Phase 1, provided the board’s security in doing so and in how much surety is being held (slightly over $1,500,000 as of March 8).

            High-winds precautions and mitigation plans were addressed by Durfee, who also recommended using the site map as a place to reiterate assurances of such items as staging. She also relayed Motta’s request for a schedule of items to be completed.

            “Weather has been really tough on us this year, weather has set us back,” said Wallace, who said there are three more foundations left to be installed. Road infrastructure, he said, is completely finished relative to Phase 1 of the project plans. He stated that Phase 1 areas should not have any machinery and little left to be brought in. “Phase 2 and Phase 3, we’re happy to look at that a little more closely and set up more appropriate staging areas, but as far as Phase 1 goes, there really isn’t a whole lot left … and that’s why we’re here.”

            Ben Bailey asked about measures to control wind-blown dust and suggested a threshold of gusts to trigger watering in affected areas.

            Blair Bailey reiterated a request for two distinct punch lists, one identifying those items that are contingent on a vote of “substantially complete” so the five units can achieve occupancy and the other listing the items that Motta’s peer-review requested that are not subject to the same timeline. Blair Bailey also reassured meeting attendees that the town is doing its best to complete the process, albeit with a priority on safety.

            Johnson requested a list of ages of the people who are waiting to move into the units in question prior to the site visit. He was told he would receive that information.

            The over-55 development does not allow children to live there, but it is anticipated that many would-be residents are grandparents to children who will visit.

            Wallace told the board that the applicant intends to go back before the Conservation Commission with additional information.

            In other business, the Planning Board voted to approve special permits for Renewable Energy Development Partners LLC for its applications for installation of a canal-canopy, solar facility and groundwater protection. The board’s vetting process complete, Durfee was to write the draft decision for the board’s consumption at its next meeting.

            In a public hearing briefly opened, Industrial Tower and Wireless LLC requested and got a continuance to April 12 at 7:00 pm for its Site Plan Review application for installation of a 190-foot, monopole, cell-phone tower on High Street. The continuance was requested by the applicant in the interests of completing its business with Rochester’s Zoning Board of Appeals. Technical difficulties with remote access resulted in a pause of the meeting that necessitated a repeat of the continuance.

            In her report to the board, Durfee said that it is grant season and she has two applications due on March 18. She said her work with the Southeastern Regional Planning and Economic Development District (SRPEDD) is crucial in gaining state approval for project funding.

            Durfee also discussed the impending feasibility study that it is hoped will determined whether Rochester builds a combined facility for police and fire or separate facilities.

            “I’d rather take the money we were going to put into a feasibility study and put it into (construction),” said Johnson, who said he doesn’t believe a feasibility study will tell the town’s residents anything they don’t already know.

            The board voted its approval in the declaration of trust in the Master Plan where it concerns the Village at Plumb Corner.

            Durfee said three candidates have gone onto the second level of consideration for the job as board administrator.

            The next meeting of the Rochester Planning Board is scheduled for Tuesday, March 22, at 7:00 pm.

Rochester Planning Board

By Mick Colageo

            The former Leisure Shores Marina has undergone massive cleanup and improvements since being purchased by Buzzards Bay Management LLC, Ned and David Kaiser, sentiments expressed by Mattapoisett Conservation Commission Chairman Mike King on March 14.

            Representing the marina’s Notice of Intent filing was David Davignon of Schneider, Davignon and Leone, Inc. The proposed changes as detailed by Davignon include expansions both north and south of the current floating-dock configuration that would add 31 slip spaces, the replacement of a failing boat launch and the construction of a wave attenuation called a wave fence.

            Davignon said multiple agencies would be involved in a number of permits and approvals from not only the local Concom but also Massachusetts Division of Marine Fisheries, Natural Heritage, Army Corp of Engineers and the Massachusetts Environmental Policy Act better known as MEPA. This would be the first of several meetings the local commission will be holding with the applicants, but sentiments ran high that the project would be good for the community.

            King stated of the new slips and transient spaces planned, “The town will benefit from the revenue … it’s good to see people investing in Mattapoisett.”

            While a deep dive on the boat ramp did take place with Davignon outlining the construction process, the only concern expressed by the board was the need to ensure there wasn’t a presence of eelgrass in the construction zone. Another element touched upon was whether the wave fence might create a change in water flow that could result in below-surface flow changes.

            King also asked that the applicants get letters from the harbormaster and the shellfish officer gathering their comments into the mix before issuing an order of conditions. The filing was continued to March 28.

            In other business, a Request for Determination of Applicability filed by Alan Apperson, 21 River Road, for the construction of an addition measuring 12 feet by 14 feet received a negative determination.

            Certificates of compliance were requested by and approved for 122 and 123 Split Road Lane and

23 Shagbark Circle.

            Two-year extensions were granted to the Town of Mattapoisett for Phase 1b of the bike path along Good Speed Island and for 4 Appaloosa Way for the construction of a single-family home. An amended order of conditions was also granted to Farland Corp. for the 4 Appaloosa Way property.

             The next meeting of the Mattapoisett Conservation Commission is scheduled for Monday, March 28, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell