When N. Douglas Schneider represented homeowners Douglas and Martha Lally before the Marion Board of Health in a public hearing Tuesday afternoon, the board had an immediate opportunity to act on the newly passed regulation requiring the denitrification upgrade to failing septic systems.

            The variance requested for 17 Indian Cove Road by Schneider, Davignon, and Leone was to reduce two things: the depth required above the water table from four to two feet and the new septic tank capacity from the required 2,000 gallons to 1,500 as recommended by the installer.

            Schneider told the board that Douglas and Martha Lally bought their home 10 years ago and that their septic system needs a replacement. They had already opted to install a denitrification system that happens to allow for a two-foot reduction in the distance above the water table under DEP approvals.

            “Given the active family there, it would significantly help their lifestyle if we didn’t have to build a big mound in the front yard,” said Schneider.

            Board of Health Clerk Dot Brown said, “I was glad that we weren’t approving (a new septic system) that didn’t have (denitrification).” Brown did ask of the smaller tank is better off being pumped every two years.

            Marion Health Director Dave Flaherty said that the new system being installed at 17 Indian Cove Road needs more bugs to denitrify so, unless it requires pumping, it’s better off being left alone to enhance its abilities.

            The variance was approved unanimously, and this immediately after the Board of Health had passed the new regulation, also with a unanimous vote.

            While keeping the window open for public comments, Brown reported to the board that by June 30 the board had received 21 comments altogether, 16 in full support of the new regulation, and in enacting it as soon as possible. Five others articulated questions and concerns.

            One of those concerns was that residents would like to see a whole septic plan, “which we agree with,” said Brown. Another concern was from first-time home buyers.

            Brown emphasized that the proposed septic system is required only at the point of fail and is not intended to affect every septic system in Marion. The new regulation is a better value than a current Title 5 system, she said, because of 20 years allowed before being required to connect to the town’s sewer system.

            “An awful lot of hard work was involved there, I appreciate it,” said Board of Health Chairman John Howard.

            Board Vice Chairman Dr. Ed Hoffer said that a couple of responders were clearly cons, not questions. ”Two engaged the regulations, at least two we have to put down as being negative,” he said.

            Howard said he spoke to both dissenters directly.

            “The interesting thing about the money is we’ve actually missed out on the opportunity to get other people’s money because we weren’t in a place to be ready for it,” said Brown.

            Hoffer pointed out that residents hooked to the town’s sewer system are paying more. “This is not a free ride,” he said, “you are paying heavily for it.”

            One live-caller noted the cost of a new denitrification system to be approximately $30,000 and asked if a homeowner with a working Title 5 system but also with a failing leach field it should be a $10,000 cost so why not offer such an upgrade rather than require a $30,000 purchase for all new equipment.

            Time expired on the public hearing and the board voted to close the hearing and then voted unanimously to immediately adopt the new regulation numbered 4.180 in the Marion Board of Health regulations and titled “Septic Systems DeNitrification Regulations.”

            The board briefly discussed the resignation of Public Health Nurse Kathy Downey effective August 19. “You will be missed; you have been a real rock during our coronavirus crisis,” said Hoffer. Brown and Howard concurred.

            The Board of Health also voted to reorganize on Tuesday, and Howard, Brown and Hoffer switched chairs. Hoffer is the new chairperson, Brown the new vice-chairperson, and Howard the new clerk.

            Downey and Health Director Dave Flaherty talked to the board at length about issues ongoing, some relating to the coronavirus and some relating to tick-borne diseases.

            Downey reported that EEE messaging has started and that there have been nine tick-borne-illness cases in the last two weeks. All positive tests were also tested for COVID-19, she said.

            The matter of establishing volunteers from Medical Reserve Corps versus Community Emergency Response Team (CERT) was discussed, along with preparations in the event of negotiating with a hotel to isolate those who test positive for COVID-19.

            Flaherty reported that there have been no closures due to mosquitoes and that yard sprays are free from Plymouth County by calling 781-585-5450.

            There have been complaints at the local beaches due to observed lack of distancing, facemasks and the usage of alcohol.

            On a more positive note, Flaherty reported that the Kittansett (golf) Club and Beverly Yacht Club have their houses in order for summer events.

            The next meeting of the Marion Board of Health was not announced.

Marion Board of Health

By Mick Colageo

            After a rocky introduction and a silent period that led to legal action, the Rochester Conservation Commission affirmed the work done by Michael Oliver to restore his mistakes at 1009 Walnut Plain Road by approving his Notice of Intent during the commission’s remote access, public hearing on Tuesday night.

            The Conservation Commission had issued an Enforcement Order in February after Oliver had illegally cut down over 3,000 square feet of vegetation within a pond and 25 foot “no-disturb zone.”

            “We had been utilizing counsel because the deadline date on the Enforcement Order had been surpassed,” with no communication, said Conservation Agent Laurell Farinon. “It was unbeknownst to us that (Oliver) had been hospitalized for eight weeks. We’re happy to know he is on the mend and getting stronger.”

            Oliver’s representative, Cameron Larson of ECR Environmental Consulting and Restoration, told the commission that ECR in conjunction with Merrill Engineers will complete the restoration. Larson presented photos reflecting that the remaining stumps are already sprouting, and summarized a plan to plant saplings, shrubs, and trees until 75 percent coverage is restored. He also proposed two years of monitoring and reporting to ConCom after full growing seasons for two consecutive years.

            Larson stressed that Oliver didn’t realize he was cutting illegally and is fully cooperative with ConCom’s directives.

            “Thanks to Mr. Oliver for going forward,” said ConCom member Maggie Payne. “I think it’s always unfortunate when people don’t know the rules and we wind up here. But thanks for that.”

            Member Christopher Gerrior told Larson that, “A lot of the business we do is people coming back to us and wanting to remove things other people put there.” Gerrior advised against white pines and suggested red cedars instead.

            The commission voted to authorize Farinon to write a cover letter with the decision requesting red cedars. The hearing was closed when Larson popped back on to say he intended to comply with the commission’s wishes, but Chairman Michael Conway reminded him the vote was to approve the Notice of Intent as stated.

            A continuance was granted to July 21 to Wareham-based SEMASS Partnership for property located at 141 Cranberry Highway. The applicant proposes the removal of 125 trees to mitigate imminent hazard to approximately 1,500 linear feet of overhead utility lines.

            In the public hearing continued from June 16, Paul Shamoian of Raynham-based Civil and Environmental Consultants, Inc. represented SEMASS and presented a historical sketch in which 51 trees were cut in March, leaving stumps in place and hundreds more trimmed, most of which are inside the 25-foot “no-touch” wetlands buffer zone.

            With seasonal growth threatening the overhead lines once again, ConCom requested in a May hearing that more permanent work be done to address long-term concerns. On July 7, SEMASS submitted a Notice of Intent to remove the remaining 125 trees, leaving their stumps in place. Shamoian said the trees were all pines and nothing native would be removed from the buffer zone. All work would be completed with bucket trucks reaching over the banks and be staged on the pavement outside the buffer zone.

            Payne recommended that SEMASS avoids cutting during the April to August nesting season.

            Conway expressed frustration with the lack of a maintenance plan after two prior requests and said he did not want to vote until he finally sees it.

            Farinon credited SEMASS for work done so far. “As Mr. Shamoian stated, the permit is good for three years,” she said. “This is not a small undertaking. This main access road is the lifeline to their facility… I think that it’s a good proposal; it’s what the Conservation Commission wanted to see.”

            A Positive Order of Conditions was issued to Brandon Dion for property located at 13 Bradford Lane with stipulations including a meeting with site review prior to any construction. Dion has proposed a 25-by-26-foot garage with a new eight-foot mudroom, porch, and a new 10-by-15.5 foot extension of an existing wood deck. There is also a CULTEC chamber system to handle roof runoff.

            Decas Cranberry Company was issued a Certificate of Compliance for work completed on Old Middleboro Road. Farinon described it as a wetland restoration plan from a few years ago on a 25-acre property with a westerly bordering vegetated wetland and an isolation wetland. “Everything looks in great shape; it’s come in nicely and enhances that area,” she said.

            ConCom also voted to accept the order of wetlands-area resource delineation as set forth by Claire Hoogeboom of Plymouth-based LEC Environmental Consultants, Inc. on behalf of William Clapp, 52 Clapp Road.

            In a public hearing continued from June 2, a Notice of Intent filed by Dartmouth-based Steen Realty and Development Corp. for properties located at 22 Cranberry Highway was continued per the applicant’s request to July 21 while awaiting a decision from the Planning Board and a site review by Henry Nover.

            In a public hearing continued from June 16, a Notice of Intent filed by Hingham-based Hank Ouimet Renewable Energy Development Partners for Eldredge Bogs (property located off Pierce Street) was continued to July 21 in answer to the applicant’s request.

            The next meeting of the Rochester Conservation Commission is scheduled for July 21.

Rochester Conservation Commission

By Mick Colageo