The August 18 meeting of the Mattapoisett Board of Health found the board hearing firsthand from members of the Massachusetts Department of Environmental Protection agency regarding new nitrogen-level regulations and other aspects of watershed protections to be implemented by the state within five years.

            Members of the DEP responsible for various moving parts of the new Nitrogen Sensitive Areas Subcommittee provisions of Title 5 explained the plan to expand the definition of NSA, defined how these areas might be determined, summarized new nitrogen requirements for certain NSA areas, compliance options and announced an implementation schedule of new requirements.

            The overall changes are geared to stepping up and adding to zones for protections of what are called embayments and the imposing of new loading restrictions on the release of nutrients in new NSA zones. (According to the Collins Dictionary, an embayment is any recess in a coastline or indentation of a coastline that forms a bay.)

             The proposed regulatory framework as noted in the presentation states: “Any watershed to an embayment or sub-embayment that is the subject of a Nitrogen Total Maximum Daily Load (TMDL) approved by the USEPA pursuant to the federal Clean Water Act and an Area Wide Water Quality Management Plan pursuant to Section 208 of the Clean Water Act addressing nitrogen pollution. A “TMDL” is an EPA-approved calculation of the maximum amount of a pollutant allowed to enter a waterbody so that the waterbody will meet and continue to meet water quality standards for that particular pollutant. A TMDL determines a pollutant reduction target and allocates load reductions necessary to the sources of the pollutant.”

            The presentation went on to note that the new NSA regulations require designated zones to reduce nitrogen loading within five years by upgrading private septic systems to the “…best available nitrogen reducing technology,” or by securing a town-wide Watershed Permit. Those are the two options that coastline communities will be facing.

            The DEP team said that communities would need to develop long-term watershed management plans that address current water-quality impairment and new discharge measurements with a goal of total compliance of pollutant reductions within 20 years – a Watershed Permit.

            Mattapoisett Board of Health Chairman Carmelo Nicolosi acknowledged the economic burden facing property owners who use private septic systems, should they be required to upgrade existing systems in order to meet new discharge rules. He noted homeowners who recently built homes with currently compliant, private septic systems could be facing tens of thousands in additional outlay in order to comply to new standards. The financial burden for the majority of old or new households in Mattapoisett would be enormous, he speculated. Nicolosi believes it would be in the interest of the town and its residents to move towards a Watershed Permit versus private upgrades.

            The proposed process for obtaining such a permit include: public notice of the watershed permit application, use of the Environmental Protection Agency as a monitor, the availability of newspapers circulated in the Watershed Permit area, updating the DEP webpage, public-comment period of 60 days and a public hearing.

            Town Administrator Mike Lorenco, who attended the meeting, said in a follow-up, “It’s likely the town will seek a permit,” noting that would give all impacted parties sufficient time to make, “small yet meaningful changes and, if necessary, bylaw changes.” He, too, acknowledged the financial impact that state-mandated regulatory changes might mean to property owners. Lorenco estimated that some 4,000 households might be impacted.

            Of particular interest to the NSA committee are such areas as Aucoot Cove, Mattapoisett Harbor and Nasketucket Bay. Others areas may be included or areas expanded during study of the data, the team shared. They reported that a MEP report is underway for Nasketucket Bay with the timing for Aucoot Cove and Mattapoisett Harbor reports pending.

            Financial support was touched on by one team member indicating loan options are available through a trust program at no interest and no fees, should individual betterments be required.

            State team members and their contact information include: Marybeth Chubb (marybeth.chubb@mass.gov) for comments regarding the proposed framework, Millie Garcia-Serrano (millie.garcia-serrano@mass.gov), Jennifer Viveiros (jennifer.viveiros@mass.gov) for communication with towns and residents and Maria Pinaud (maria.pinaud@mass.gov) for funding information.

            A copy of the full presentation is available at Mattapoisett.net. The next meeting of the Mattapoisett Board of Health was not scheduled upon adjournment.

Mattapoisett Board of Health

By Marilou Newell

            Rockland Trust is building a drive-up/walk-up kiosk in the Village at Plumb Corner parking lot, it was learned during Tuesday night’s public meetingof the Rochester Planning Board.

            The company’s ATM currently inside the Village mall building is being relocated, Rockland Trust Real Estate Manager Stephen Carroll said, because of the awkwardness of having to walk through the Countryside Day Care facility to service the equipment.

            “These workers wore guns,” Carroll said. “To walk through a day-care center that way was kind of awkward.”

            The Planning Board reviewed G.A.F. Engineering representative Bill Madden’s plans for the 8×19-foot kiosk and easily waived the customary site-plan review filing fees for the project because of the proposal’s simplicity. The occasion was the Rockland Trust Company’s first informal visit with the Planning Board regarding the proposal before submitting the actual application.

            When Madden went through the checklist of what fees and requirements should get waivers within the application, Planning Board Chairman Arnold Johnson agreed the plan does not need a landscaping design, a drainage report or a peer review. Town planner Nancy Durfee noted, however, that the plan will still need a scenic-highway permit because of the site’s proximity to Route 105.

            Madden explained the building will mean the loss of only four parking spaces in the Village lot. Utility connections will not be a problem. Electricity will be connected to the building from an Eversource utility pole on Route 105. The kiosk will include a handicap-accessible ramp. He noted the Historic District Commission has sent the company a letter saying it is satisfied with everything about the proposal except the building signage.

            As the board approved the application waivers, Johnson asked only that Rockland Trust provide a letter saying the owners of the Village at Plumb Corner agree with this plan.

            Madden said he intends to file the formal application “sooner rather than later.”

            Next, the board formally approved the plan to move the Countryside Childcare playground. That plan is to move it closer to the rear of the plaza businesses.

            New Town Administrator Glenn Cannon introduced himself to the Planning Board and proposed two new actions: restarting the interdepartmental meetings that the Planning Board once managed and joining as members of the new Public Safety Building Study Committee. Cannon said three firms are in the running to conduct the study. The Select Board will soon be interviewing all three to choose the winning bidder.

            Lastly, the Planning Board voted against proposing a solar moratorium for the October 17 Fall Town Meeting. “I don’t think we need one now,” Johnson said. “We can accomplish what we need to accomplish with what we have now.”

            The next meeting of the Rochester Planning Board was set for Tuesday, September 13, at 7:00 pm.

Rochester Planning Board

By Michael J. DeCicco

            The Marion Energy Management Committee welcomed Chief of Police Richard Nighelli to its public meeting on Monday night so they could discuss the possibility of a structural addition to the police-station parking lot that would allow solar panels to be placed over the area.

            The benefits would not only include the energy created by the panels but would help shield police vehicles from the elements. The construction of the roof itself would aid in melting the snow quicker, freeing the panels to collect energy. The committee also noted there is potential to integrate electric-car charging stations into the solar structure, should the Marion Police wish to go in that direction.

            EMC member Eileen Marum noted that a local college has done something similar and has been using the collected solar energy to help power campus buildings.

            EMC member Bill Saltonstall expressed support for the potential installation of solar panels at the Marion Police station, noting that there are other public sites he believes would be a good fit for panels, including some of the schools and the Marion Fire Department. EMC member Jennifer Francis noted that there is potential funding available for projects like that from state agencies, but it would require that someone “dig through the weeds to get it.”

            With that, the committee moved on to the Mass Energy Insight program and the upcoming Green Communities report. Saltonstall voiced his hesitance that Marion would hit its energy-reduction goal of 20 percent in five years’ time, which would qualify the town for certain funding levels. The library project is on schedule, meaning the EMC will be qualified to apply for the Green Communities competitive grants coming up.

            Heat pumps were next on the docket, and Saltonstall reported that after a tour of the Cushing Community Center, things are on schedule, merely requiring some endzone paperwork to be submitted. Potential grant money allocation was discussed, as the committee is hopeful it can be used for additional maintenance and upgrades. The EMC is waiting on reports from the necessary “experts.”

            Some projects, like the Town House heat-pump modifications have been stalled out due to budget issues. Committee members noted that the bid put in for the project was much higher than anticipated, leading to delays as alternate solutions are explored.

            Before the committee moved on to new business, Chairperson Christian Ingerslev addressed the potential for the EMC to recommend to the Marion Select Board that the town ban the use of fossil fuels in new buildings. This would require new structures to be fully electric, rather than have any gas features, whether that be heat or stoves, making it easier for the buildings to integrate with green energy options such as solar and wind.

            Marum noted that electric buildings overall are more energy efficient, so even in the interim when electricity is coming at least in part from fossil-fuel sources, the town’s overall energy consumption would still be lower, reducing Marion’s carbon footprint. The hope would be to extend this not just to municipal buildings but residential homes such as new housing developments currently in the vetting process.

            When asked if there was a “carrot” involved in the program in order to incentivize those involved, Francis noted that the increased energy efficiency would reduce things like heating and electric bills, benefitting not just the environment but the individual. Marum went on to note that the heat, drought and ongoing hurricane season can put a strain on energy use, adding urgency to more sustainable energy sources.

            “If it doesn’t happen now, it is going to happen later, that the government might step in and say, ‘Okay folks, it’s time to change it whether you like it or not, if we’re going to save the planet.’ So, if you go electric now and do it now, you don’t have that hanging over you later,” Ingerslev observed.

            Marum agreed, saying, “I think it would be less expensive to do it now … because you’ve got to pay one price. But if you tried to go fossil fuel and then change it, you’re going to be paying twice for energy, whether it be heating or cooling. So … do it efficiently the first time.”

            Tempering the discussion, Saltonstall pointed out that the electricity being supplied still comes from fossil fuels, adding the committee’s goals extend beyond just energy efficiency and into greener pastures. The EMC agreed to contact the Select Board in order to schedule a date to discuss such matters sometime in September, and the members agreed to start drawing up a concrete strategy and pitch.

            The committee took a moment to discuss the Future Generation Wind Project, noting that there had been maintenance issues interrupting the potential output and exacerbated by the pandemic, but the agreement has been an overall success with power levels on the rise to match the growing needs of the town.

            After brief discussion regarding updating the mission statement on the EMC’s website, which would necessitate approval from the Select Board, the committee adjourned.

            The next meeting of the Marion Energy Management Committee is scheduled for Monday, September 26, at 5:00 pm.

Marion Energy Management Committee

By Jack MC Staier

            Four weeks of work is scheduled at 28 Pitcher Street, a failing property that the Marion Board of Health has discussed in many meetings and took up again during its August 18 public meeting.

            The owner visited the Town House earlier this month and then produced a list of recommendations put together by a consulting company, but that did not satisfy Bob Ethier, Marion’s acting Health agent who met with the owner along with Marion Health Director Lori Desmarais and Building Commissioner/Zoning Officer Bob Grillo.

            After visiting the site immediately before reporting to the Board of Health on August 18, Ethier said, “It doesn’t look like anything has changed …” He hopes to have the owner meet with the board at its next meeting in September.

            “I told him the importance of this; we can’t wait any longer. The board is frustrated, and he needs to move on this because we’re going to move on it too,” said Ethier, who said the case will go to Housing Court or whatever avenue is available to the town to achieve a result. “So, if you want to save this house, you have to comply with what we tell you,” Ethier reported telling the owner.

            The list, said Ethier, is only an initial step that should quickly be followed by a subsequent list of accomplished items and next steps. “I can assure you, Members of the Board, I will not let this go too long. We’re going to be on him the whole time,” said Ethier, summing up his stance on the situation.

            Howard suggested and Hoffer concurred on a response letter acknowledging receipt of the list of recommendations with notice that the board would be closely monitoring the completion of its items “early in September.” Desmarais agreed to carry that out.

            Ethier also reported on 33 Pitcher Street, reiterating the board’s message that the town will not approve of any rebuild or new construction unless the property is cleaned up. Ethier reported a plan from the owner’s attorney to complete the planned cleanup including getting rid of cars on the premises, followed by notification on a schedule for construction.

            The stinky cesspool at 278 Congress Road is the result of a failed septic system, according to Ethier, who reported having told the owner so. The owner wishes to maintain the system via regular pumping service until it can be properly upgraded in concert with a planned upgrade of the house per Marion’s septic bylaw.

            The ongoing mess at 464 Front Street needs cleanup, and the owner was recently judged in Wareham District Court as having violated her probation for hoarding animals. Meantime, a contractor has been at work, and a dumpster is on site to help clean up the mess after a tree fell onto the house.

            Ethier said that 1121 Point Road is in foreclosure after the owner was reportedly injured in a car accident and had a heart attack. Information has been hard to come by. Hoffer suggested Ethier seek a solution through Plymouth County Probate Court.

            A visit to Little Neck Village prompted by a call into Desmarais brought Ethier to the scene where he observed an enclosure with two dumpsters and two traps apparently set for rodents. A complaint about chipmunks did not make sense to Ethier. “It was pretty clean in there and nice and neat … chipmunks don’t eat garbage, they eat nuts and stuff like that,” he said. Desmarais said she had fielded complaints of holes and acknowledged a letter received from Little Neck Village residents thanking the town for a response.

            A visit to 578 Front Street left Ethier suspecting that the septic system there has been shut off in violation of the state sanitary and Title 5 codes. Fines, he said, approximate $1,000 per day. He said the evidence on site indicates the system has not run since 2005.

            Howard mentioned an enterprise fund that could help resolve the situation. Desmarais said the betterment has been paid but not the sewer-connection fee that would negate the canceled septic system. Desmarais agreed to send another letter to the owner.

            Ethier discussed denitrification septic systems on Marion properties that are for various reasons not performing up to the prescribed standards, and after substantial banter on the subject Hoffer suggested that the matter be tabled until the town has appropriate staffing via a full-time health agent. Citing the state’s intentions to come up with its own septic code addressing denitrification, the board agreed to relieve Ethier of that particular task.

            In her Health Director’s Report, Desmarais told the board about new wrinkles in Covid-19 state guidance, including isolation and quarantine. One wrinkle allows someone who tested positive and isolated five days, wearing a mask the next five to remove their mask prior to Day 11 provided there are two negative test results at least 48 hours apart. Also, quarantine is not required of those who are asymptomatic.

            Desmarais noted a meeting would be held with the Tri-Towns’ public health nurses and Old Rochester Regional Superintendent of Schools Mike Nelson prior to the start of the 2022-23 school year. She also noted that the state has extended the expiration dates of the distributed antigen tests another three months to January 2023.

            A flu-shot clinic is scheduled for Monday, September 29. Once again, the drive-through canopy will be used at the Cushing Community Center. Hours will be set after a number of preregistrants is achieved. The board authorized Desmarais to place an order for the latest Covid-19 vaccine, after which a date will be set. She was awaiting information on rates for a pneumonia vaccine.

            Howard thinks that the recently approved Marion EMS program could help keep Marion seniors out of hospitals and nursing homes. He cited federal funding to support such efforts. Hoffer said a foundation in Rochester has money for this sort of effort. Howard said the state-funded Homeworks program will assist seniors in assessing heating needs and provide new light bulbs, a safety concern.

            The next meeting of the Marion Board of Health is scheduled for Thursday, September 1, at 4:00 pm and will meet again on September 22.

Marion Board of Health

By Mick Colageo