A local attorney and a Planning Board member came to loggerheads during the November 1 meeting of the Mattapoisett Planning Board when the issue of surety in the form of subdivision lots being held was raised for consideration.

            Attorney John Mathieu, representing Christian Farland, the new owner of Brandt Point Village, spoke to the possibility of the board holding lots as surety versus cash or a bond. Before Mathieu spoke, Farland said under his corporate banner Seaport Homes the beleaguered subdivision was inspected and that the septic and drainage systems were found in excellent working order.

            Farland said he began his career as a civil engineer, a profession he is continuing, and as such would have designed the same type of septic system for the subdivision. He said that a punch list of items left incomplete by the former owners could and should be completed at the end of the build-out, but those would have to wait until the spring. Farland said he hoped the board would favor the option of holding six lots while he continues construction of three others presently needing foundations before the winter freeze.

            The suggestion became contentious, finding Mathieu and fellow board member Janice Robbins digging their heels into differing opinions with respect to surety.

            Robbins said, “This development has a tough history and is currently in default,” referring to a $1,500,000 surety being held by a lender. “Holding lots is not surety, but cash or a bond is. “I’m not judging you,” Robbins told Farland, “… but you’ve inherited a troubled project.”

            Mathieu said that while Farland is not taking over the entire subdivision but instead has purchased a number of lots, he is assuming some responsibility for incomplete sites.

            On the matter of the surety, which Robbins said was in default, Mathieu stated that lots were allowable, restating, “There is a lender’s surety of $1.5 million, but you’ve done nothing about it.” He said it is the responsibility of the board to call in the cash surety. He said his client is trying to improve matters. Robbins pressed on that lots are not a form of surety, and Mathieu countered that they are a safeguard that work will be completed and, if not, the town could sell them.

            Planning Board Chairman Tom Tucker spoke up, saying, “I’m shutting this down.” He said that everyone was just “spinning their wheels,” that it is a legal matter and as such town counsel would be brought in to handle the question of surety.

            The majority of the board was in agreement to grant Farland permission to move ahead in securing building permits for the three lots he wants to build out now, with Robbins and fellow board member Karen Field voting in the negative.

            For his part, Farland said he is willing to meet with the board on a monthly basis to keep the town apprised of all matters relating to the project. On the matter of changing the name of the development from Brandt Point Village to Seaport Homes, Tucker cautioned Farland not to call it Seaport Homes One, suspecting that public sentiment would not react positively to any implication of a potential Seaport Homes Two. Farland agreed.

            In other matters, the board met with Randall Lane Solar, LLC representative Beals and Thomas Inc., and while some progress was made on moving the large commercial solar array to permitting, a sticking point on the existing roadway reemerged. Agreement was reached on the amount of the decommissioning surety ($451,000) and number of replacement trees per acre (12 trees), also agreed upon was that the project no longer needs to meet certain flood-zone regulations because the project has been reduced in size.

            The matter of why and how two plans for the proposed acreage show two different road widths – one at 14 feet and one at 16 feet – was discussed for nearly 30 minutes. It was finally determined that the road from the beginning of the review process has always been shown with two widths, a reflection of the pre-existing roadway condition and that width approved by the Mattapoisett Fire Department. It was determined that written approval is still needed from the fire chief. The site plan hearing was continued until November 15, and a subdivision Approval Not Required (ANR) until December 6.

            Good news for Mattapoisett’s new fire station came in the form of a unanimous Planning Board vote that the project has completed site plan review and can now apply for a building occupancy permit from the Building Department.

            Questions were raised regarding the new traffic signals currently under construction on Route 6. However, that is a separate contract currently under the control of the Massachusetts Department of Transportation, Tucker said.

            The next meeting of the Mattapoisett Planning Board is scheduled for Monday, November 15, at 7:00 pm.

Mattapoisett Planning Board

By Marilou Newell

            The Town of Marion will host a succession of Open House events on Saturday, November 6, beginning at 10:00 am with the dedication of the restored Town House, followed at 11:00 am by a visit to the site of the new Marine Center at Island Wharf to showcase and answer questions and, at noon, the proposed site of a new Department of Public Works.

            Town Administrator Jay McGrail considers public attendance at the DPW site visit to be a critical piece of the exposure he believes citizens need in order to grasp the extent of the necessity of a new, state-of-the-art facility. To that end, McGrail has arranged for a van and a driver from the Council on Aging to provide a shuttle service to each site.

            “Similar with our harbor project, these guys are working in ridiculous conditions,” said McGrail during the November 2 Select Board meeting.

            Most of the DPW buildings are unheated and were moved to their present location in the 1950s. The current structures do not meet OSHA regulations and other safety standards, much less make for comfortable working conditions. Gear lays outside without the proper tools to wash and maintain it.

            In a 6:30 pm appointment, DPW Engineer Meghan Davis appeared before the board to advocate for a new facility and handed the baton to Will Saltonstall, the proprietor of Saltonstall Architects, who early in the year won the bid to provide a conceptual design and preliminary budget estimation.

            Saltonstall is also the chairman of the Planning Board.

            The initial estimations of cost of three buildings plus site work is $3,836,418, and the estimated total project cost is $4,456,000.

            In providing a slide presentation shared via computer, Saltonstall told the board he enlisted Field Engineering for civil purposes and PMNC as a cost-estimating firm. He called the design a needs-based process, starting with critical regulatory requirements and arrived at three buildings: an operations center, a covered vehicle storage facility, and a salt storage facility.

            Heating and cooling systems are yet to be designed, but “based on some good assumptions” and a budget-pricing approach, Saltonstall offered diagrams that considered three sites near the wastewater treatment plant office, choosing two of those sites.

            On the site closest to the WWTP will sit an operations building measuring 103 feet by 43 feet with a 19-by-43-foot employee focus area. Across a small parking lot will be a parking building for town utility vehicles measuring 103 feet by 40 feet with a one-way roof.

            The buildings will be pre-engineered metal structures with low roof pitch angled toward the south to accommodate the potential of solar panels.

            On the other side of the WWTP office to the west will be a salt storage building measuring 60 by 52 feet that is made of a special fabric with a 12 to 15-year life and a $4,000 to $5,000 replacement cost.

            Saltonstall told Select Board Chair Norm Hills that the salt storage structure will not need a 110-mph wind standard but is designed to meet “a really high standard.”

            Referencing queries as to why not build a more permanent structure, Saltonstall said that would double or even triple the cost.

            McGrail said the goal of the year-long effort is to bring a proposal to Spring Town Meeting. “One thing that’s really helped with the (Capital Improvements Planning Committee),” said McGrail, is to “walk the area.”

            He anticipates a public meeting after the holidays for a more formal presentation to solicit community feedback.

            “We’re in a unique situation this year,” said McGrail, who hopes the town will capitalize on the sale of its Atlantis Drive facility. Coupled with spending turn-backs, Marion in a position to borrow $3 million and pay the rest in free cash, the majority from the Atlantis Drive sale, he explained.

            The project would need a two-thirds vote at Spring Town Meeting and a vote at the ballot box as well, according to McGrail.

            “I’m planning on taking the ball and running with it,” he said.

            Frank McNamee from the Sippican Historical Society will participate with McGrail and the Select Board in Saturday’s tour, and there will be refreshments courtesy of Select Board member John Waterman.

            DPW Director Nathaniel Munafo reported that the last sludge was removed from the wastewater treatment plant lagoon No. 1 on October 15, and that Methuen Construction has installed a 4-foot wall and is presently grading the banks to make them ready for the Multi-Flo effluent.

            The project is behind schedule for a number of reasons, said Munafo, but Methuen is working overtime and staying late to accelerate the project.

            Select Board member Randy Parker asked about the large boulders that were removed. Munafo said that no contaminant was found in the rocks, so the town can dispose of them. He indicated there is interest by some looking to purchase them. “What we don’t want to do is just create more piles out back,” said Munafo.

            J.H. Waters, Inc., the engineering firm dealing with the installation of the liner, is scheduled to be in Marion in December and is targeting a January 31 completion, matching compliance orders with state Department of Environmental Protection.

            Meantime, Munafo said the town is looking at options to accelerate the project and minimize any downtime that another weather event might cause.

            Munafo told the board that 200 residents took advantage of the brush drop-off at Benson Brook Transfer Station, so the DPW is continuing the drop-off program through November on Saturdays from 8:00 am to 3:00 pm. The drop-off will be limited to Marion residents free of charge, no contractors allowed.

            Munafo asked residents that if there is a tree down in their yard, have a company cut it up and remove it and that no storm debris be left at curbside.

            In a 6:45 pm appointment, the Marine Resources Commission was back before the Select Board and achieved closure on new Aquaculture Regulations, as the board voted to adopt the new regulations.

            The MRC and Select Board will review on an annual until there are no major concerns. Waterman thanked MRC Chairman Vin Malkoski and Harbormaster Isaac Perry, who in turn credited Shellfish Officer Adam Murphy for his work on the regulations. Hills also thanked the businessmen who farm in the waters for their feedback.

            The Select Board voted to approve an entertainment license for Mike Achilles of the Mary Celeste through FY21 (June 30). McGrail told the board he has not fielded a single complaint since the temporary license was issued 90 days ago subject to Tuesday’s review. Achilles reported that parking sign he agreed to post is up. The license will be renewed annually.

            Hills thanked Achilles for his cleanup efforts on Saturday morning at the Music Hall.

            The Select Board voted to approve a new, five-year contract for McGrail, in the interest of remaining competitive with other towns in order to retain McGrail’s services.

            McGrail only half-joked when he said the last two years have amounted to a degree in crisis management. “All the staff has been thick as thieves doing it with us,” he said.

            Other voted actions by the Select Board approved: asking SRPEDD to fund the long-range parking study for Marion village, the reappointment of Jeff Oakes to the role of liaison to the South Coast Bikeway Alliance, proposed changes to correct a blunder with the Great Hill deed that facilitates the water tower, and a water/sewer commitment of $2,560.69 for final readings on September 30.

            McGrail announced that Marion will host a Veterans Day Ceremony on Thursday, November 11, at 11:00 am, and the town is planning a Christmas Party on December 14 at the Cushing Community Center following any necessary Select Board business.

            McGrail urged residents looking to use the message board at Route 6 and Front Street to act as soon as possible to fill out the online form on the Select Board’s page of the town website, marionma.gov, to address requests, and reach out ASAP. Town events take precedence.

            The next meeting of the Marion Select Board will be held on Tuesday, November 16, at 6:00 pm.

Marion Select Board

By Mick Colageo

            The October 26 meeting of the Rochester Planning Board included a short reopening of the public hearing for a solar facility planned by Renewable Energy Development Partners, LLC, at 109 Neck Road. The project will feature a ground-mounted array as well as a newer solar construction concept, the placement of panels over cranberry bog canals.

            The development team headed by Hank Ouimett and members of the consulting firm Beals and Thomas discussed with board members Arnold Johnson (chairman), Mike Murphy, Marc Rousseau, and John DeMaggio remaining critical elements of the project such as screening and construction performance practices.

            It was confirmed that a professional forester will be engaged to assist with tree removal, and that a vegetated earthen berm will stand 12 feet high. It was also confirmed by Ouimett that the fire department has approved the planned roadway and pervious materials that will be used on the roadway surface.

            Johnson returned several times to documents before him, making suggestions to existing language in the site materials, changes that he believes are necessary. “I want to take all the vagueness out of this, so everyone knows what’s expected,” he said.

            The hearing was continued to the board’s November 9 meeting.

            The board took up the closing out of reviews for the Eldredge Bogs matter and then met briefly with Brian Wallace, project manager for the Village at Plumb Corner.

            Johnson explained to the board that Eversource only installs new gas services on Saturday, causing Wallace to come before the board and ask for an amendment to their condition that work not take place on weekends. To expedite the matter, the board voted to give Johnson sole responsibility when granting how many Saturdays the utility will be allowed to work. All agreed to the necessity for the amendment.

            Town Planner Nancy Durfee reported on her site visit to Zero Waste. She explained that, due to a lack of container trucks and drivers, a national transportation problem that has developed as a direct result of COVID-19, waste materials are building up at the recycling facility. Johnson said the business site was still an open project for the board, but that until movement of materials can be resolved, the board cannot move towards closing out the project.

            The next meeting of the Rochester Planning Board is scheduled for Tuesday, November 9, at 7:00 pm.

Rochester Planning Board

By Marilou Newell