Two Notice of Intent applications heard during the Marion Conservation Commission’s November 3 validated the town’s investment in consulting services and ultimately the hiring of Conservation Agent Doug Guey Lee.

            After several months of continued public hearings, two site visits by commission members, consultation with town-contracted wetlands scientist Bob Gray and recent revisions on September 13, Gray filed an October 23 letter with the commission indicating his own satisfaction with John and Cynthia Paliotta’s land-management plan to eradicate invasive plants at 119 Converse Road.

            The vote of the commission to grant the Paliottas an Order of Conditions culminated what amounted to a one-and-done with Gray, seeing that by the time his work was finished the town had hired Guey Lee in the dual role of conservation agent and town planner.

            Conservation Commission Chairman Shaun Walsh was nonetheless pleased to have gone through the experience of working with Gray and by extension the Paliottas, noting ConCom established a rapport with the applicant. “I think we’re in a really good place right now with the revisions that were made,” said Walsh.

            Noting that there was no new information to introduce to the process, Walsh recommended the commissioners vote to close the public hearing. He said that, at least in his tenure as chairman, this was the first time that ConCom had hired an outside consultant and called it “an excellent experience.”

            Given the floor, Gray concurred, calling it “a good experience working with the commission members. I’m happy that you now have a new agent, and I think you’re in good hands.” Gray referenced his report and asked for questions.

            The work, taking place in a salt marsh, was only allowed to be permitted as a Ecological Restoration Project (ERP) and during the next three years will include the occasional removal of invasive species sprouting up after initial removal.

            The commissioners were satisfied and voted unanimously in favor of the Order of Conditions.

            Guey Lee’s impact was felt more directly on the case of Todd Zell’s NOI that sought approval to install a water-quality inlet on a stormceptor discharge pipe to service a proposed commercial development on Village Drive.

            Representative Ken Motta explained that, as a 40B project (Sippican Village), commercial usage is allowed as a matter of right on the first floor and one apartment on the second floor. Walsh said that, driving by the wooden area between the Brew Fish restaurant and parking lot, one wouldn’t suspect that the lot is buildable but it is in fact.

            In answer to a question from ConcCom member Jeff Doubrava, Motta said the intention has been to duplicate the plan approved in 2013, but he added that work may wind up commencing within the buffer zone in the small corner of the lot.

            Concurring with Doubrava’s observation, Walsh said the commission needs more information on proposed elevation upgrades within the buffer zone and said that adding fill there would require a Special Permit. The NOI, the commission contends, does not explicitly address action relevant to ConCom’s purview.

            Motta reiterated that the application intends to seek approval of what was already approved in 2013, albeit via different applicant.

            Based on Doubrava’s observation and with assistance from Guey Lee, Walsh understood that the proposed stormceptor would convey stormwater into a stormwater detention basin located within the buffer zone, and that requires permitting.

            ConCom voted to grant an Order of Conditions matching in detail the OOC granted in 2013.

            Jay Flanagan filed a NOI for septic upgrade and garage additions at 26 West Avenue.

            After representative Dave Davignon of Schneider, Davignon & Leone Inc., presented the proposed plan, Walsh told him that, while the site visit did not reveal any unsightly matters pertaining to the septic, the situation is far from desirable with a drainage pipe exiting near the base of the seawall.

            Minus a state Department of Environmental Protection (DEP) file number, the case would necessarily be continued, but Walsh nonetheless asked Davignon to investigate the track and purpose of the drainage pipe.

            “When we were out there, there was no liquid coming out of the pipe, nor did there appear to be any kind of scouring or erosion on the beach either, which is obviously a good sign, but … I would ask if you would take a look at that (pipe),” said Walsh. “I certainly hope it has nothing to so with the cesspool, and I don’t think it does. … Obviously, whenever we see a pipe exiting out through a seawall or a bank to a coastal-beach area, that gives us pause.”

            Davignon said he check the catch basin to see if it contains any kind of outflow pipe.

            Overall, Walsh called the project “a huge improvement,” citing the danger of a “very old” cesspool so close to a beach.

            The garage expansion is 4 feet to the west, and the deck would extend an additional 6 feet beyond the expansion of the garage.

            A direct abutter told the meeting that the applicant had not shared any information to date and expressed concern that the road and overhead wires would potentially sustain damage during construction.

            Walsh explained that ConCom’s jurisdiction is limited to wetlands and any area within 100 feet of wetlands to examine potential impacts. He advised the abutter that the property association is the proper forum to discuss the presented concerns.

            Another abutter, Elizabeth Luther, asked if the leaching field would change the contours of the land and result in runoff heading toward her property. Walsh complimented the question but said the plan indicates no regrading of the area in question. Davignon concurred on both fronts and further explained the details of the plan.

            Flanagan bought property in May 2021, prior owner had a similar plan but didn’t follow through before the sale.

            The hearing was continued to ConCom’s November 17 meeting.

            J. Thomas Bowler Jr. and Ellen Bowler’s NOI for vegetation management at 7 Moorings Road was represented by Wilkinson Ecological and, after separate site visits by several commissioners, was considered by Walsh to be “a plan that will dramatically improve the area.”

            A prior NOI for the same site resulted in demolition of an old house and construction of a new house. Asking for revisions to the present NOI, ConCom voted to continue the public hearing to November 17.

            John and Pamela Lees, who filed a NOI for reconstruction of a single-family house, an inground swimming pool, along with repair of a seawall with associated work at 49 Water Street, requested a continuance. The commissioners voted to continue to their November 17 meeting.

            In outlining special conditions for stormwater management, Guey Lee recommended the commission include maintenance stipulations with the commission’s vote to award Burr Brothers Boatyard, 309 Front Street, a full Certificate of Compliance. Those measures will address the maintenance of the pocket wetlands at the site.

            ConCom also voted a full Certificate of Compliance to Robert and Joan Wilson, 43 Holly Road, for their new septic system originally permitted several years ago.

            The Marion Conservation Commission is next scheduled to meet on Wednesday, November 17, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

The November 9 meeting of the Mattapoisett Conservation Commission found the members discussing one barrier beach project with several jurisdictional sticking points and the possibility of a beachfront enforcement order replete with jurisdiction oversight.

            The Notice of Intent filed by David Ricci and represented by Bob Field of Field Engineering is for property located on a narrow strip of barrier beach along Cove Road.

            Upon reopening the hearing, Chairman Mike King said several times that it appeared that “mother nature” was holding on or pushing back with the proliferation of Japanese Knot weed that Ricci hopes to have removed. But the matter of the removal of some of the remaining cedars and other native species was a sticking point for the commission.

            Field noted that he preferred to wait until there was a fully seated commission before pressing forward, given that during his previous presentation commission sentiment was split on how or if to condition the project for a single-family dwelling. King said he thought the project and associated plan adjustments were moving in the right direction but understood Field’s reticence and request to continue the matter for two weeks.

            In the meantime, Field offered to prepare a planting plan and also suggested that he bifurcate the project, separating a parking area from the dwelling area. King accepted that those changes are a good idea. The filing was continued to November 22.

            Late into the proceedings, the commissioners were asked by Environmental Agent Brandon Fanuef, working on behalf of the town, as to whether they wished to ratify an Enforcement Order issued to Peter Franceschina, 58 Pico Beach Road, for what he deemed was “vista pruning.”

            In evidence, Faneuf produced several photographs that showed cedar trees which had had all lower branches removed and several other saplings that had been cut down. He explained the wetland jurisdiction that the commission holds over such natural locations by state law.

            Coming forward was Franceschina, saying he was in receipt of the order and that he was hiring Mark Maganiello to assist with plans. King responded, “Say no more,” indicating his high regard for Maganiello’s work on other projects. For his part, Franceschina was apologetic. The Enforcement Order was not ratified. King told Franceschina that he looks forward to his plan.

            In other matters, Long Built Homes received a negative determination of applicability for construction of a dwelling within a 100-foot buffer zone on a two-lot subdivision located at the end of Snow Field Road.

            An Amended Order of Conditions was approved for Lot 38 Shagbark Circle, owned by Nicholas and Alexis LeBlanc, to bring into compliance in-field changes to the plan of record and establishment of permanent signage indicating the wetlands boundary.

            A RDA filed by Randolph Alexander, 7 Wolf Island Road, found the commission agreeing to grant a stream “intermittent” status not subject to the Riverfront requirements of the Wetlands Protection Act.

            A NOI filed by James and Sharlene Craig for a two-lot family subdivision was conditioned with a special condition for turtle barriers.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Monday, November 22, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

            Rochester Select Board member Woody Hartley sat in on Tuesday’s meeting of the Mattapoisett River Valley Water District Commission and, given the floor, sought answers for his constituents where it concerns the E. coli contamination that resulted in a Boil Order in late October.

            “Where did it originate?” asked Hartley.

            Due to ongoing testing and ongoing chlorination, the answer was not given in absolute terms, but for now MRV members are convinced that the contamination emanated from the Tinkham Lane well in Fairhaven.

            Commission Chairman Vinny Furtado explained that testing per the MRV’s Fairhaven-based permit is performed concurrently in Fairhaven and at the MRV water treatment plant in Mattapoisett. Furtado referred to Tinkham Lane as “Fairhaven’s biggest horse” so it was there that E. coli was confirmed, and the well was immediately taken out of service.

            Since then, the town has invested $30,000 into the well, and during subsequent work a contractor discovered a hole in the well’s wall approximately 8 feet below the surface.

            “We’re assuming that breach caused the issue at the plant,” said Furtado, noting that only since the event has the MRV plant been engaged in disinfecting the system. “The plant had a great run, 13 years of never having to disinfect the water.”

            Henri Renauld, the MRV plant director, explained that E. coli is present in a lot of areas. “As much as we feel we have found what we believe is the source, we hope we’ve found it.” Renauld said that all member facilities conducted a Level 2 assessment and will continue to do so. “We need consecutive rounds (of negative results) over a period of time.”

            Hartley sought confirmation on reports that samples found in Rochester tested positive for E. coli and, if so, wanted to understand how contamination at the MRV water treatment plant got into the Rochester system.

            “The samples that were contaminated in Rochester were from the Marion sites,” said Meghan Davis, an MRV commission/committee member and an engineer with the Marion Department of Public Works. Davis said she will doublecheck with Gary Sherman on exact locations, but she noted that Marion’s wells are inside Rochester.

            Renauld explained that sometimes wells shut off. The MRV, he said, feeds out water to Benson Brook Road in Marion, but that water could flow into Rochester via gravity coming out of the tank.

            “I want to know, I want to see the flow numbers,” persisted Hartley. “You’re telling me there were days where the flow from Marion was backwards.”

            Renauld said that the MRV feeds water “24-7 into Marion, nonstop, 365 days a year. Any time their pumps shut off … the water could flow in a different direction.”

            Davis pointed out that two Marion wells in Rochester are not presently operable so the water that Marion is pumping into Rochester is from the MRV. The Wolf Island station in Marion only pumps raw water to Mattapoisett.

            “It was a problem that impacted Rochester homes and businesses,” stressed Hartley in seeking those answers. “I wanted to be able to be able to answer those questions.”

            In his Treatment Plant Operations Update, Renauld reported clean water samples everywhere in the MRV system through November 9. The initial discovery of E. coli happened on October 6. Renauld said the area, “We finally were able to sample out of that by about 10/20. … The chlorine has definitely been doing its job.”

            The power outage that followed closely behind the Boil Order resulted in phone line failure that was restored on October 25. The MRV ran on a generator from October 26-30 and spent over $5,000 in diesel fuel just at the facility.

            To that end, Renauld petitioned the commission to include two power-outage-related bills that were received on Tuesday from Hiller Fuels and Sea Gas subtotaling $1,636.47, and the commission voted to include them in the new batch of payable invoices.

            “We’re still chlorinating, we will be for quite some time,” said Renauld. “DEP feels that the filters are getting older so we want to make sure we’ve got everything going correctly so it may be a couple of more months.”

            Commission/Committee member Jeff Furtado said, “These last couple of months have been pretty crazy, and I just want to thank Marion and Mattapoisett.”

            Those sentiments were returned and paid forward after a situation in which all hands were on deck throughout the district.

            Representatives from MRV member towns will participate in ERP training on consecutive Wednesdays, November 10 and 17, at 8 a.m. at the Music Hall in Marion.

            Tata & Howard engineer Jon Gregory reported to the MRV Water Protection Supply Advisory Committee that a flow probe broke down about a month ago. Unfortunately, Gregory noted, the probe’s computer had been recently replaced. The cost of the repair will be over $800, but the greater challenge may be realizing the projected December 6 shipping date so that David Watling can conduct his customary December testing.

            Member emeritus David Pierce pointed out a gap in the data report received, and Gregory pointed to the awkward matching of old and new equipment.

            “We’re still figuring out the right way to do that,” said Gregory, explaining how that barometric pressure affects how the new level loggers read. “We were pretty baffled when we saw it. … We know the exact value.”

            The next regular meetings of the MRV Water District Commission and Water Protection Supply Committee are scheduled for Tuesday, December 14, at 3:30 pm and 4:00 pm.

MRV Water District Commission/Water Protection Supply Advisory Committee

By Mick Colageo