The Notice of Intent filed by Ben Bailey, a member of both the Rochester Conservation Commission and Planning Board, seeking approval of his plan to construct a 700-foot-long roadway to access a single-family house lot at Gerrish Road received the Conservation Commission’s approval on October 5 in the form of an Order of Conditions.

            Already vetted by the Planning Board, the case continued from September 21 was heavily scrutinized by Conservation Commission Vice-Chairman Dan Gagne. ConCom members Maggie Payne and Kevin Thompson expressed for the record their disappointment in the plan vetted by the Planning Board.

            Aware of the negative reaction the plan had previously received in Planning Board and Conservation Commission meetings, ConCom Chairman Chris Gerrior came to the meeting prepared with a list of conditions 11 items long and some detailed.

            Gerrior’s list addressed the impacts to adjacent properties, requiring that all reasonable measures shall be taken to prevent flooding.

            “All reasonable measures, including any wetlands or watershed area above or below the project site, the applicant is fully responsible for such conditions that may occur due to improper construction or engineering or for any other reason. The applicant shall take immediate steps to correct any such adverse conditions; the commission shall be notified of all preventive or corrective measures,” he read. “That should help the abutters be a little bit more assured that all measures will be taken to keep water flowing not onto their property and on the applicant’s property.”

            Other conditions require that the commission be provided with pre-construction photographs of the access staging area, route, and project focus, that a Department of Environmental Protection sign be posted, that siltation control barriers be installed and inspected by the Conservation Commission and/or the conservation agent, that either be notified at least one week prior to the beginning of construction, and that an onsite meeting be held prior to construction including the owner, contractor, engineer, and the commission and/or the agent.

            “This meeting is to review the orders of conditions and to satisfy the commission that work will be done as specified, and inspection of the limit of work and wetland markers will be conducted,” said Gerrior.

            In addition, all sediment shall be removed from stormwater basins before construction is completed. All excavating material shall be removed from the site or placed beyond the buffer zone. Any plan changes made or are intended, no matter how minor, shall require the applicant to inquire of the ConCom in writing whether the change is substantial enough to require a new filing.

            Another condition is post-construction documentation. Upon the completion of work, ConCom will be provided with an as-built plan as well as photographs of the access staging area, route, project focus as well as final vegetation plantings.

            The final condition is inspection by ConCom and right to request any materials or information associated with the project.

            All but Gagne voted in favor of the order of conditions.

            Gagne said that despite multiple requests, his stormwater questions have not been addressed. He said calculations he requested to show the amount of stormwater were not provided.

            “The calculations provided by the applicant showed that every bit of stormwater on Longbow Lane that goes into their little basin they’ve got back there, but if you look at the contour grading and the first, I believe, 150 feet of this road, is graded to send the water into the existing stormwater basin,” said Gagne. “So that existing stormwater basin is not only taking the existing stormwater flows from the road but is also taking these new, impervious flows from their roadway.

            “My concerns are that, since there’s been no analysis of this showing that it won’t impact the roadway, it’s going to end up flooding the roadway; it’s going over the top of this basin here, and it’s going to, rather than go into the treatment basin they’re showing … it’s going to go directly into the wetland resource areas. … At this point, I don’t think they’re putting in what they need to prove their case.”

            Brian Grady of G.A.F. Engineering, representing Bailey, who recused himself from his ConCom seat, told ConCom that the Planning Board approved the project after a third-party review by Field Engineering.

            The existing drainage area is more than 100 feet outside the wetland area, so it’s outside the purview of the commission, according to Grady. He said the applicant, Bailey, only needed to address erosion controls and has gone above and beyond requirements of the Wetlands Protection Act.

            Grady said that the issues raised by Gagne were resolved by the Planning Board and the board’s peer-review engineer. Grady noted that Rochester Highway Surveyor Jeff Eldridge was involved with the project.

            While Grady asserted that a definitive subdivision to serve one single-family lot is exempt from satisfying stormwater management guidelines, Gagne asserted that the applicant is only exempt from filing a stormwater management report and that whether the applicant has satisfied the guidelines is still within the purview of the commission.

            Gerrior asked Grady if he believes that any of the concerns raised by Gagne are valid. “Yes, they’re very legitimate questions, and we believe we’ve addressed them through the Planning Board process and through their review engineer,” said Grady.

            Asked for further questions, Gagne said, “My response is that there’s been no engineering to show that this meets those standards. Three guys looking out in a field is not the same as an engineer doing an analysis and showing that this is going to work.”

            Asked for comment, Payne said, “I’d just like to comment for the record that I feel like we’ve been kind of put in a corner by the Planning Board on this here … I’m disappointed that we weren’t able to see any plans that involved trying to reuse the existing gravel road when we were out there,” she said. “I know we’ve been over this before, but when we were out on the site, there is an existing bog road that apparently was not suitable for the Planning Board to use.”

            Payne said the commission had expressed a willingness to work within the 25-foot buffer zone because of that road, but the road was never brought up as a proposal.

            “Personally, I’m disappointed that this is the plan we’re working with,” she said. “We’re impacting a large portion of the buffer zone where there’s mature forest that has to be cut down in order to put in this road whereas, if we had gone a little bit closer to the wetland, it would have been, in my opinion, less impactful to the wetlands area.”

            Grady confirmed for Thompson that the clearing for the road is between 50 and 60 feet. In response, Thompson agreed with Payne’s perspective on the plan itself. “I know there’s plenty of roads in town that are nowhere near 50 feet and they’re new,” he said. “I feel that we’re stuck in a corner again, based on what’s been given to us as the accepted plan from the Planning Board. Clearing 50 feet for one dwelling … I think is an awful lot to be doing. I’m a little disappointed in how this was brought up and put before us.”

            Gerrior invited Grady to discuss plantings that might in some measure mitigate the clearing work.

            “We did discuss that at the second on-site (visit),” said Grady, noting that the width of the road is 18 feet, and that Bailey intends to preserve as many of the trees as possible. “It will just come down to what his contractor is able to do with the physical improvements that are necessary and the grading that’s necessary to get the road built and to construct the drainage area. … Mr. Bailey does intend to minimize that clearing as much as (is) feasible.”

            After Grady confirmed Gerrior’s attempt to clarify the clearing plan of up to 50 feet in width to accommodate an 18-foot-wide road of recycled asphalt, Bailey asked to speak as the applicant.

            Given the floor, Bailey told the commission that a careful look at the staking of the road revealed that the majority of adjacent trees are white pine. “I know from personal experience that they can survive a good amount of root cut on one side, and they can also survive being buried a bit, too,” he said. “Some trees don’t tolerate being buried; white pines don’t seem to care. … There’s no reason we can’t do a lot of that grading and still leave the trees in place. I’m not going to let a contractor come through there and clear-cut that thing just so I can get some grading in.”

            After the vote, abutter Bob Mogilnicki, 20 Bishop Road, asked for a forum and challenged the commission’s decision against its mission to preserve the town’s rural character. Gerrior told Mogilnicki that his comments had been heard during prior meetings, that the 11 conditions are “pretty high surveillance” for the project, and that the matter is closed.

            The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, October 19, at 7:00 pm.

Rochester Conservation Commission

By Mick Colageo

            Mattapoisett Water Superintendent Henri Renauld updated the Mattapoisett Select Board and the public on the latest efforts aimed at identifying where and how contamination seeped into the Mattapoisett River Valley Water District treatment plant and what measures are being taken to fix the problem.

            Renauld said that on October 5 and 6, water samplings throughout the multi-town public water system were tested and found to be contaminated with E. coli, resulting in a system-wide boil water order being sent to the towns of Fairhaven, Mattapoisett, Marion, and Rochester.

            Immediate steps were taken to remove the bacteria by flushing the system, and subsequent water samples from Mattapoisett well heads tested negative, according to Renauld. However, given that the source of the contamination was ongoing and that other samples were still not clear, the multi-town boil water order will remain in place at least until Friday, October 15. Renauld said his department is working closely with and under the guidance of the Massachusetts Department of Environmental Protection and as such is following sampling protocols.

            Regarding the matter of how E. coli was able to infiltrate the water system, Renauld said a suspected crack inside the well owned by Fairhaven on Tinkham Lane could be the source. He said that well was immediately removed from service. He said they needed to investigate the raw water entering the system to help determine possible sources for contamination. “We are going step-by-step” to avoid a recurrence, he said, and the board thanked Renauld for his work in addressing the problem.

            Moving on to other matters, the board discussed the Fall Special Town Meeting Warrant Articles, weighing in on several. Town Administrator Mike Lorenco said that the latest free cash estimate now stands at $2 million “It’s the highest amount the town has ever had,” he said. Contributing to that large sum were decreased spending, Cares Act money, and revenue.

            The articles being proposed and mainly agreed upon on this night contained such highlights as $100,000 for OPEB, a $150,000 appropriation to the Debt Stabilization Fund, a $150,000 appropriation to the Capital Stabilization Fund, $36,000 for annual cyclical property revaluation and town mapping, $15,000 for Employee Education Incentive (primarily for several Highway Department employees to train for CDL licenses), and $36,000 for a part-time clerk in the Accounting Department.

            The board also discussed the proposed Article 6 that will ask Town Meeting to approve the purchase of a new fire engine at $650,000, a new Ford 550 truck for the Highway Department estimated at $70,000, and repairs to the transfer station loader for $35,000.

            A new type of fund debuting in the warrant will ask the voters to appropriate $50,000 for a Grant Matching Fund. Lorenco said that with the number grants the town is seeking, many of which require the town to contribute money, the fund would help manage grant financial impacts.

            Old Rochester Regional School District articles will also be part of the warrant with one asking to amend and restate the regional agreement and another for the establishment of a stabilization fund to pay for repairs, renovations and improvements.

            Lorenco also shared that the Planning Board was preparing for and hoped to hold public hearings in advance of Town Meeting for a new Solar Bylaw. However, the board members were unanimous in their belief that more time is needed to thoroughly vet a new bylaw. Lorenco also confirmed that the town has now grown sufficiently to warrant another voting precinct as mandated by the state. Town meeting will be asked to approve a $7,000 expenditure for new voting equipment. The board will meet again on Friday, October 22, at 1:00 pm to finalize the warrant for posting.

            The board also met with members of the Friends of the Mattapoisett Bike Path to continue discussions on the type and placement of benches and bike racks along the Mattapoisett pathway that they will be contributing. The board members plan to meet with the volunteer group at the intersection of Depot Street and Goodspeed Island to walk part of the pathway and discuss the number of benches and racks needed and where they may be placed.

            The next regular meeting of the Mattapoisett Select Board is scheduled for Tuesday, October 26, at 6:30 pm.

            The Tri-Town was delivered a jolt last week when news came down that E. coli bacteria had been found in the drinking water supply of Mattapoisett River Valley Water District member towns.

            Following a prescription of flushing, system chlorination, and further testing, the MRV is hoping by the end of Friday, October 15, to achieve three consecutive days of clean results on the premise that it would be the magic number to trigger approval from the state Department of Environmental Protection to lift the boil water order that has been in place in Fairhaven, Mattapoisett, Marion, and a small patch of Rochester since October 6.

            Tuesday afternoon’s scheduled meetings of the MRV Water District Commission and Water Protection Supply Advisory Committee were scrapped in favor of one emergency meeting to update and discuss the current crisis.

            In an update to commission members, Henri Renauld, the superintendent for the Town of Mattapoisett Water Department and the vice-chairman of the MRV Water District, updated the October 7 public service announcement he had read on ORCTV.

            Renauld told the commission on October 12 that, per the DEP, repeat samples were collected on October 7 that came back on October 8, finding that the MRV water treatment plant tested a clean zero for total coliform and zero for E. Coli bacteria. Although Mattapoisett’s upstream and downstream samples were also clear, Fairhaven and Marion still had E. coli positive samples in their second round of testing.

            Marion DPW Engineer Meghan Davis told the commission that the town is awaiting results expected on October 13 and is working with the DEP.

            Fairhaven DPW Superintendent Vinny Furtado, also the commission chairman, compared Fairhaven’s situation and said that staff continues flushing and chlorinating all week long. “We have to have three consecutive [tests] of no E. coli in order to remove t e boil-water order,” he said.

            The source of contamination remained unknown at press time.

            Given the fact that the MRV had a positive sample at the entrance of its water treatment facility on September 17, the same day that the Tinkham Lane well was taken offline, provides a clue but falls short of a conclusion pending further tests. The well, still out of service, is scheduled this week for excavation and repairs, after which going back online will become subject to DEP approval.

            Initial signs of a problem were detected on September 14 when samples collected by the Town of Fairhaven at its raw water well at Tinkham Lane revealed a positive E. coli concentration, according to Renauld, who also noted that the MRV District had not had a boil water issue since the mid 1990s.

            “To take precautions, even though this sample was from a raw, untreated source, the Town of Fairhaven immediately took this well out of service and it is still out of service now,” announced Renauld on October 7. “At the time, they also collected additional samples from the district … system. Unfortunately, one sample at one location revealed an E. coli positive, which was subsequently resolved. And they had to issue the boil order per the conditions that are required by the state.”

            The Town of Mattapoisett also took routine samples on September 14 and found that two locations within the distribution system were total coliform positive.

            “We took six repeat samples at these locations, and all were absent of total coliform,” said Renauld, noting that the latest round of samples collected on October 5 resulted in positive E. coli results in Mattapoisett, Marion, and Fairhaven, as well as the MRV water treatment facility. As of October 6, Fairhaven, Marion, and Mattapoisett issued a boil water order as required by the DEP.

            Rochester, but for 250 residences on Marion water, escaped the crisis. “The rest of the town, except for a few … the rest of the town is on wells,” said Water Commission Chairman Fred Underhill, who said a reverse 911 call went out to Rochester residents. Rochester homes around County Road and Route 28 near the Wareham line are on Wareham water.

            In referencing daily, weekly, and bi-weekly routine water testing performed by MRV District communities at numerous locations, Renauld said that corrective measures were being taken by each community by the time he recorded his October 7 public service announcement.

            The day after Marion’s October 6 press release, Cumberland Farms at Routes 105 and 6 in Marion and Friends Market in Rochester village were out of gallon jugs of water. Friends, which was down to one 24-pack of smaller bottles, had just made its order from its New Hampshire supplier before the boil order came down.

            In an October 6 press release, Old Rochester Regional Superintendent of Schools Mike Nelson announced that five of the six ORR district schools were affected by the contamination. Rochester Memorial School uses well water.

            Nelson said the five affected schools will follow all directives of town, state, and public health officials relating to the warning in regards to facilities work and food operations. Bottled water and hand sanitizer is being made available for students at the affected schools. All water that will be used for cooking or drinking will be boiled before use. Additionally, drinking fountains and water refill stations will also be closed at the affected schools until the warning is lifted.

            “Our food services staff will follow the guidance provided by town officials, including discarding food or beverage items in accordance with their directives, as well as boiling public water used in our day-to-day food services operations,” ORR Director of Food Services Jill Henesey said in ORR’s press release.

            Renauld advised viewers of his PSA to boil cooking water and water used for brushing teeth and drinking. He advised that any recently made ice should be discarded but said people can shower without boiling the water.

            Meantime, there is concern among the membership after a private water-purification company began an aggressive, door-to-door and social-media campaign offering free water testing. The company sells water-purification systems. MRV leadership made it clear that state and federal regulators offer reliable information and asked legal counsel Blair Bailey to observe the activity of the private company for the protection of homeowners.

            Paul Howard of MRV-retained consulting engineering firm Tata & Howard suggested two more weeks of additional chlorination, even if the district achieves three consecutive days of clean samples. Renauld agreed, saying, “It’s too easy to miss one small section if we don’t get a residual out somewhere.”

            Tata & Howard is overseeing the MRV plant’s transition to Koch Systems’ new Puron filtering technology, and Howard said it makes no sense to spend the money for the facility upgrade if it does not include the very latest technology being used elsewhere in the country to prevent the spread of a future E. coli contamination.

            On Sunday, Marion sent out notice on the updated testing schedule for October 12, 13, and 14, announcing that the dates are requirements as listed in the boil water order issued by the DEP, and said communities will be notified of the results.

            The Town of Marion enacted a hotline for homebound residents and seniors to request a free delivery of bottled water by calling 508-748-3072.

            The MRV set up a special 3:30 pm meeting for Friday, October 15, and plans to hold its regular meetings of the Water District Commission and Water Protection Supply Advisory Committee on Tuesday, October 19, at 3:30 and 4:00 pm.

By Mick Colageo