The Rochester Conservation Commission reviewed plans for new housing developments and their potential impact on wetlands areas in their meeting held on June 2.

            Stephen Meltzer of Edgewood Development, representing plans put forth by Willow Creek Builders, presented an outline for the proposed construction of wells on Box Turtle Drive and Horse Neck Road. The wells, which would serve two homes currently under construction, need to be constructed in the 100-foot wetlands buffer zone.

            “Because of the geometry and regulations to keep wells 150-feet away from septic systems, we were forced to put wells in the 100-foot buffer zone,” said Meltzer. In order to stay away from an existing septic system, the well will have to be positioned 44-feet into the buffer zone.

            Meltzer expressed his confidence in protecting wetlands areas and his experience working with these types of lots in the past. “We had a number of these lots in the Connet Woods area. We haven’t had any issues. We are well into the eighties of the lots we have done. There are probably six to eight of these (with wells) that are within the buffer zone,” Meltzer explained to the commission.

            In terms of wetland protection, Meltzer explained that the wells would include a silt fence and any additional protections that the commission saw fit to protect the surrounding areas. Further, the paths leading to the wells would be constructed in a way that would avoid the cutting of any large trees and form routes only through low shrubs.

            Of the two plans presented, the lot located on Box Turtle Drive received the most approval and was allowed to go forward. This came after Meltzer presented plans that clearly demonstrated that the location of the well could not be moved in any way to avoid the buffer zone.

            Conservation Agent Laurell Farinon displayed images showing the low shrubs that would need to be cleared in order to access the well. “There wouldn’t be too much damage to existing trees,” said Farinon. “Due to the geometry of the lot, it forces it into this location.”

            The second plan, for the lot located on Horse Neck Road, was questioned by the commission. The commission agreed that the plans presented by Meltzer did not adequately demonstrate that the regulations and geometry of the lot demanded it be constructed in that particular location.

            Vice Chairman Daniel Gagne asked Meltzer if his engineers could draft a letter explaining the conditions and reasons that demanded that this be the only possible location for the well’s construction. Meltzer agreed to provide the letter, and the request for Determination of Applicability was continued to the next scheduled meeting.

            The commission moved on to address a Notice of Intent continued from their meeting held on April 21. The Notice of intent, filed by Steen Realty and Development Corp, deals with proposed work to be done in the 100-foot buffer zone of a vegetated wetlands area. The massive project deals with associated grading and drainage outfall installation associated with the development of 208 residential units and a commercial space within the Cranberry Highway Smart Growth Overlay District.

            Phil Cordeiro, representing the development, came before the commission to address a number of changes made to the plan to alleviate concerns raised in their previous meeting. The majority of those concerns stemmed from the fact that so much work needed to be done in buffer zones and no disturb zones.

            Cordeiro explained that the amended plans modify the proposed outlet pipe to keep all of that associated work out of the 25-foot no disturb zone. In addition, the proposed dumpster pad was moved out of the 100-foot wetlands buffer zone to protect the area from potential runoff. The final change included a retaining wall around parts of the site to prevent drainage into the wetlands.

            Henry Nover, who has been working closely with Cordeiro on the amended plan, explained that he still needed time to address inconsistencies in the new plan. “There is a lot of information presented in chart form, and there are some conflicts within those charts. I would like to get that in writing to present it to the commission,” said Nover.

            With so much work still needed to be done to finalize the plan and Cordeiro requiring final approval from the Rochester Planning Board, the commission agreed to order a continuance of the topic to July 7.

            The commission’s final business involved a request put forth by property owner Sonia Amaral for a property located on 28 Snow’s Pond Road. Amaral came before the commission in order to explain her plan for the construction of a new porch on her property.

            Amaral’s request for Determination of Applicability was based on her plan that would bring construction of the porch near the 25-foot no-disturb zone. Amaral presented a plan for a notched deck and for a rectangular deck. She admitted that she preferred the rectangular plan despite its challenges. The rectangular design would bring the porch right up to the 25-foot no-disturb line, but it would require less digging. Amaral explained that the limited digging would provide less disturbance to her existing lawn area.

            Farinon supported the plan, as it did not cross into the no-disturb zone and seemed to have little environmental impact. “She is doing work right up to the 25-foot no-disturb zone. We are not talking about sensitive vegetation. It’s within an existing yard area. It could easily be done without any adverse effects,” Farinon told the commission.

            Following Farinon’s recommendation, the commission issued a negative Determination of Applicability so that a Notice of Intent will not be required for the project to go forward.

The next Rochester Conservation Commission Meeting is scheduled to take place on June 16.

Rochester Conservation Commission

By Matthew Donato

            All of Marion’s emergency supplies have been put to the Police Department for emergency response and “are getting depleted pretty fast,” according to Health Nurse Kathleen Downey, addressing the Board of Health during its June 2 remote access meeting.

            Downey said that she had put in an order for what the Police Department needed for COVID-19 and added for the Board of Health, but all of it was shipped to the Police Department. 

            The message coming from the state Department of Public Health is that Marion has received a significant amount of allowance through the CARES Act and from state-sponsored, public-health emergency money. Downey said there has been a request for a road sign that can be used for messaging regarding COVID-19.

            Town Administrator Jay McGrail explained that the town has to spend and apply for reimbursement in order to receive funds from the CARES Act. “They did allocate… more than we’ll be able to spend towards it realistically,” he said. The next step is Marion putting together its list of expenses.

            CARES Act funding is completely separate from the $25,000 that Marion can apply for via FEMA, which is only partially reimbursed. Thusly, McGrail is focusing on the CARES Act money, which reimburses 100 percent of coronavirus-related expenditures.

            “They are pretty specific on what they’ll cover… but it covers a lot,” he said, alluding to the installation of plexiglass barriers for safety purposes at town buildings and other alterations.

            Town employee Maureen Murphy explained that emergency-preparedness supplies received in September are now being completely depleted. “There’s going to be a big expense. I have a list of what we’ve used,” she said.

            Vice Chairperson Dr. Ed Hoffer noted that additional money will be needed in FY21 for additional PPE for flu shots and other actions. “Last year I wouldn’t have worn a mask; this year I would,” he said.

            Concerned that she might forget something of great significance, Downey sought input from the Board of Health. “I just want some support from the board. I don’t want to be the only one making a decision about what we need,” she said. Chairperson John Howard assured her that the board will review, discuss, and add or subtract items.

            McGrail noted that the CARES Act spans according to fiscal years. Hoffer advised the board to make purchases in June. McGrail said he would check to see if Marion has the required funds to replenish the town’s PPE supply before June and FY20 ends.

            Downey reported a $7,600 quote just received for emergency-preparedness supplies including flu shots… “Just in case there is a vaccine available, we need to be able to distribute it and offer it,” she said. Howard asked Downey to start with a list that can then be prioritized and then reviewed when the board meets in two weeks.

            The board agreed to move forward with the town’s plans for a July blood drive at the Community Center.

            New Health Director Dave Flaherty reported three food-service inspections in anticipation of the Phase 2 opening by the state. He was to visit Atlantic Bistro on June 3 with representatives from the Building Department and Fire Department.

            Flaherty reported following up on complaints at Santoro’s Pizza and at private property at Great Hill. Flaherty said when he visited Santoro’s “Everyone had masks on.” Concern about masks not being worn by visitors to the historic estate has led to a curbing of open hours with new signage offering a friendly reminder. Flaherty reported that signage at the harbor has yielded mixed results, but people not wearing masks are for the most part out on boats and away from others.

            Planning Board member Norm Hills referenced an issue with standing water leading to a concern about mosquitoes during a year that expects a EEE threat. Flaherty plans to address the matter with the Plymouth County Mosquito Control Project, a state agency.

            Although the state has set up towns only to follow up on how well businesses comply with state regulations in Phases 2 and 3 of the reopening, Marion is taking a proactive approach as Flaherty reaches out to work with merchants in town.

            Hoffer said, “Letting 1,000 flowers bloom is not the way it works best everywhere,” as he noted Marion has learned from the boatyards. Thusly, he told Flaherty that he prefers the sterner of the two letters he offered for the board’s review. McGrail asked Flaherty to a request for businesses seeking liquor licenses to update the town.

            Member Dot Brown cautioned the board that the state writes regulations and then changes them without consulting towns. “Hopefully common sense will prevail,” said Flaherty.

            Flaherty was impressed with the Kittansett Club’s plans to go forward as host of the 112th Massachusetts Amateur Golf tournament on July 13-17, noting that the club had a consultant come in and do the right thing. “It looks like they’ve got a good idea that they’ve used solid science. I can tell that they’re on the right track,” he said.

            Howard said he was impressed with Flaherty’s first report as the town’s new health director.

            In her Public Health Nurse Report, Downey told the board that, since its last meeting, several serum positive COVID-19 tests have been reported. People were to be treated as a positive case with a required 10 days in isolation, even though it was an antibody test.

            Downey reported that the state revised its policy on Monday, strongly encouraging a polymerase-chain-reaction (PCR) test at same time as an antibody test. If anyone tests positive in the PCR test, they would not be required to go into isolation. The result would be considered a prior infection.

            Marion peaked last week according to Downey, with seven people in isolation at one time. That number, she said, has since dropped off. Marion’s website lists six active cases and 11 recovered.

            Tabor Academy has begun meeting anticipate challenges for the fall 2020 semester with room size, athletics, health-related issues, PPE needs, policies needed such as daily screening of where students are heading, and a contact-tracing procedure.

            “Everything’s preliminary. They’re talking about not admitting foreign students, but I think they’re a bit away from a statement,” said Howard.

            “They’re very committed to being open in the fall. I don’t think they see themselves being closed for another year,” said Downey.

            Tabor will need to figure out a site where students can isolate, whether it be the health center, or a case of quarantine over against the dormitory structure and what would be required to transport a symptomatic student.

            Downey noted that the Council on Aging will not transport sick people at this time for fear of contamination of its vehicles.

            While Marion, Tabor, and Tremont camps have canceled summer recreation programs, Beverly Yacht Club would like to go forward with its summer program and was scheduled to meet with Downey on June 3.

            Also of emerging concern are Eastern Equine Encephalitis (EEE), West Nile, and tick-borne illnesses. “I don’t see myself having time to do tick education,” said Downey. “Marion has videos at ORCTV, perhaps we can hook them up to the website.”

            Downey also cautioned the board that hurricane season requires a plan. “We can’t run a shelter and refuse to take people in… and I don’t know how we can isolate people,” she said. Hoffer said that Sippican School’s capacity is limited by its generator. “You can’t use the whole place,” he said. “If the weather is bad, it doesn’t work. Sippican School is not going to allow any separation.” McGrail indicated having reached out to the Town of Mattapoisett regarding the potential use of ORR and plans to follow up.

            On June 16, the Board of Health will hold a public hearing in advance of a vote on its proposal to reduce the amount of nitrogen compounds that are released out of new septic systems. McGrail told the board it’s important it does not close the public hearing so that members of the public without access for any technical reason would have ample time to respond.

Marion Board of Health

By Mick Colageo

            Appearing remotely before the Mattapoisett Planning Board during their June 1 meeting was local developer Scott Snow. He requested that the board members approve an amendment to an existing covenant for the Eldridge Estates subdivision located off Prospect Road. The covenant maintains that the roadway would be completed prior to any construction of homes in the subdivision.

            One pre-existing home had to be relocated because it was situated within the approved roadway design. However, Snow appealed to the board members to grant him permission to place the now temporarily relocated home on a permanent foundation before doing the roadway construction.

            During the course of the discussion, several board members questioned why Snow simply didn’t construct the roadway, thus the home could be permitted with a permanent foundation and other permits necessary to complete its construction. Snow explained that, due to the coronavirus pandemic, he had been moving slowly but that he wished to give the subcontractor who had moved the home to the temporary structure his equipment back sooner rather than later. “(The subcontractor) is paid in full. If I have to move the house twice, it will cost me another $10,000,” he pleaded.

            Snow urged the board to “help” him saying, “You are here to help people, not hurt them.” When pressed to simply build the road, Snow conceded that “mistakes have been made.” He said, however, that conversation regarding potential modifications to the roadway and the drainage system were for another meeting at another time.

            Chairman Nathan Ketchel took a straw poll of the board members. All three members denied approval with Ketchel being the dissenting vote. Snow’s petition was thusly denied.

            The board also finalized wording on a decision to approve NextGrid LLC’s solar array project off Bowman Road. There was some discussion regarding the bonds for storm-damage repairs. The main issue was whether or not NextGrid LLC had agreed in a public hearing to a $70,000 bond or what had been recorded in the public forum, a $45,000 bond.

            For clarification, Ketchel allowed Daniel Serber of NextGrid LLC to explain how those two sums were arrived at and which of the two was what, he, in fact, had agreed to in the public hearing. Serber stated that the $45,000 sum was what had been discussed with the Zoning Board of Appeals and in the final decision approved by the Planning Board. Another bond totaling $44,000 for decommissioning costs was also mentioned, bringing the total to $89,000 in surety bonds.

            Mike Huguenin, President of the Mattapoisett Land Trust, was also on the call and said that the $75,000 figure had been provided to the Planning Board in written documents from the MLT. Planning Board administrator Mary Crain said, “It was never raised in the public hearings, never expressly discussed.”

            In the end, Ketchel said that the public meeting was closed during the last session. The board concurred, leaving the bonds as written into the final agreement, a total of $89,000.

            Also considered were future legal fees that the applicant’s counsel had questioned. Mattapoisett’s legal advisor Jonathan Silverstein said it was, “…not unusual. This is a standard and defensible condition.” That language was left in the final decision. The board members voted unanimously to accept the decision.

            Regarding two sidelined projects, the building of a new Master Plan and the reorganization and rewriting of bylaws, Ketchel asked that Southeast Regional Economic Development District’s Grant King, director of Comprehensive Planning at Southeast Regional Planning and Economic Development District, be invited to the next meeting to restart the Master Plan process. Crain said that some 14 residents had volunteered to help in crafting the new Master Plan. The board was unified in setting aside a separate day and time to engage with those willing to participate in the process.

            The zoning bylaws, an equally massive project agreed by all, will be discussed more comprehensively at future meetings. But the board also agreed they needed the assistance of a consultant to get that project completed.

            The next meeting of the Mattapoisett Planning Board will be posted at mattapoisett.net.

Mattapoisett Planning Board

By Marilou Newell

            Chairman Mike King of the Mattapoisett Conservation Commission has established an ebb and flow to public hearings, especially those where abutters’ concerns are raised and/or the complexity of a project warrants additional time in the “new normal” of remote meetings.

            King has commented several times during the pandemic emergency that he believes it is important to give the public, especially abutters, additional time to review filed engineered drawings and other pertinent documentation given that the remote-meeting platform can be difficult for some to work with on their home computers. Also, some projects have many technical documents and engineered plans not easily shared in a remote meeting, King believes. During the May 27 meeting, the chairman reopened several public hearings to vet any remaining concerns the public might wish to air before making final deliberations.

            One such meeting was the Notice of Intent filing by Scott Snow, 27 Nashawena Road, for the construction of a single-family home in a designated flood zone on a previously permitted foundation. In what became a months-long process with abutters hiring Bill Madden of G.A.F Engineering to put forward their concerns over the proposed project, the commissioners heard several main themes, most notably concern over ground-water runoff, whether or not the construction would adhere to the latest FEMA regulations, and the amount of fill along with resource-area reduction that might take place.

            Each comment raised by Madden was addressed by the applicant’s representative, Richard Rheaume, of Prime Engineering. As needed and required by the commission, the plan of record was updated to ensure areas of concern were being addressed. On this night they were ready to vote.

            Before closing the public hearing, King asked if the public wished to speak. Silence ensued. The hearing was closed. A set of conditions prepared in advance of the meeting was approved. Conservation Agent Liz Leidhold said no one from the public had requested to view documents filed by the applicant and that the office had received revised plans. The project was approved with conditions.

            The NOI filed by James Craig for property located off of Aucoot Road for the construction of a pier that will traverse marshland was also reopened. Represented by David Davignon of Schneider, Davignon and Leone, Inc., the commissioners heard that the application had been reviewed by the Massachusetts Wildlife’s Natural Heritage and Endangered Species Program, which mandated turtle fencing and other measures for the protection of endangered turtles. The fencing plan, Davignon noted, was now on the plan of record.

            Mats that will be used to protect some portions of the marshlands during the construction of the pier were discussed. Davignon said that a report spanning several growing seasons would be provided to the commission to demonstrate the health of the marsh area in question post-disturbance.

            Again, King asked if the public wished to make any comments. Hearing none, the public hearing was closed and the project was conditioned.

            A final project falling into the still-open category was a NOI filed by Andrew and Sarah Bishins, 20 Winnatuxet Beach Road, for the construction of an addition to an existing home and renovations. King inquired about erosion-control measures. Davignon responded that several layers of erosion-control materials would be used especially on the downward slope. The public hearing was closed after additional comments were called. None were offered. The project was conditioned.

            In other matters, turtle fencing was discussed for 38 and 40 Prince Snow Circle. Number 38, owned by Whitman Homes, was represented by developer Bart O’Brien who said that the turtle plan was in place, although there were no immediate plans to develop the lot. Number 40, represented by David Andrews of the Bay Club, also confirmed a plan was in place. The commissioners were satisfied that documents were in order; thusly both NOI filings were conditioned.

            Extension of Orders of Conditions for 78A through 90 Shagbark Circle and Lots 61, 62, and 51 Dupont Drive were approved.

            Continuances were granted to Alexander Makkas, 16 Island View Avenue, for a Certificate of Compliance, as well as a NOI filed by Dale Leavitt of Blue Stream Shellfish.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for June 8 at 6:30 pm; remote-platform details will be posted at www.mattapoisett.net.

Mattapoisett Conservation Commission

By Marilou Newell