A proposed Middleboro Road solar farm that made its first appearance about a year ago is no longer just a speck on the horizon.

            Developer Solar MA Project Management, LLC, has been meeting informally with the Rochester Planning Board for some weeks now and reappeared onto the public stage September 24 during the board’s regular meeting.

            The large-scale solar project planned for Middleboro Road has undergone several tech reviews and the plan has been further vetted in preparation of a formal filing with the board before the New Year.

            On behalf of the applicant, Pedro Rodrigues explained that an application was submitted about a year ago and then withdrawn in order to address a major issue with access and an ancient way that traverses the property.

            “Now we feel like we are ready to resume with the application,” said Rodrigues.

            The developer was able to acquire a large abutting lot to provide access to the site via Old Middleboro Road that will receive some road upgrades to widen it. As for the ancient way, some research has proven that no deeded rights have ever been recorded with the Registry of Deeds; therefore, the developer will be able to relocate that ancient way around the placement of its panels.

            The project will need a filing with the Conservation Commission and with the Natural History and Endangered Species Program (NHESP) in addition to the filing with the Planning Board.

            The NHESP had asked the developer to enter 50 acres of land into a conservation restriction, and in turn, the developer has offered 228 acres to be held by the Buzzards Bay Coalition.

            In other business, SWEB Development, USA, LLC was back before the board for what Chairman Arnie Johnson said he had hoped would be the last time before closing the public hearing. Alas, the Conservation Commission meeting did not result in final approval and some changes to the plan had to be brought to the Planning Board.

            Sarah Rosenblat explained that the developer has had to reduce its solar energy capacity as a result of a change in the wetland line. She said a full stormwater report would be finished by the end of the week.

            Johnson handed Rosenblat a timeline for the remainder of the planning process and said, “This puts the ball squarely in your court – we wanted to close the public hearing today. We’d like to close it on [October 8]. You still have some work to do.”

            Johnson ordered Rosenblat and her team to have all the remaining information submitted to the board’s peer-review engineer by noon on September 30 in time for the October 8 meeting. Johnson said he wants to close the public hearing then, and then schedule a special meeting for the last week of October in order to take a vote on a decision.

            “That’s our goal, but its all on you,” Johnson said. “If you miss that deadline, it kicks it.”

            “We will definitely make the thirtieth,” said Rosenblat, “come hell or high water.”

            The hearing was continued until October 8.

            In other matters, engineer Phil Cordeiro gave an overview of the 40R Rochester Crossroads project slated for the corner of Routes 28 and 58.

            On behalf of Steen Realty and Development Corp, Cordeiro explained the layout of the four buildings, which contain 208 market value and affordable housing units, and three waivers pertaining to stormwater management the applicant will be requesting.

            The engineer, developer, members of the board, and the town planner have held a succession of informal technical discussions leading up to an eventual filing with the Planning Board in the imminent future.

            The project will have to file a Notice of Intent with the Conservation Commission, and also work with the Water Commissioners in order to finalize an agreement with Wareham for 45,000 gallons per day. The project will also have to file for permits with various state agencies as well.

            Johnson said in addition to a peer-review engineer, the project would require a traffic study, which Cordeiro concurred would also be required. Developer Ken Steen said he would have a traffic study in hand within a couple weeks.

            Also during the meeting, after several meetings discussing unfinished landscaping at the IGS (formerly Melink) solar project on Snipatuit Road, it was finally time for Johnson to propose a bond taking and put the landscaping security bond out to bid.

            “And add a tax lien on the property,” added Johnson.

            The board made the motion and voted in favor of Johnson’s suggestion.

            “We’ve had enough,” said Johnson.

            The public hearing for a Special Residential Permit for Repurpose Properties, LLC for an age-restricted residential development off Rounseville Road was continued until October 8 at the applicant’s request.

            The next meeting of the Rochester Planning Board is scheduled for October 8 at 7:00 pm at the Rochester Town Hall.

Rochester Planning Board

By Jean Perry

            The future looks bleak for the Carver, Marion, Wareham Regional Refuse Disposal District, despite its efforts to dig itself out of the financial ditch it was left in by former executive director Ray Pickles. Now, the Town of Marion is looking to exit the CMWRRDD by means of a special town meeting article to authorize the town administrator to start the process of withdrawing from the agreement.

            According to Town Administrator Jay McGrail, remaining in the district beyond the December 31, 2020 expiration of its deal with SEMASS would no longer serve the Town of Marion. As a result, McGrail has crafted an article for the October 21 Fall Special Town Meeting to authorize him to take the necessary actions of withdrawing Marion from the CMWRRDD.

            “I believe – and the Board of Selectmen agrees – that this is what’s in the best interest of Marion,” McGrail said on September 23 during a phone follow-up with The Wanderer. “It’s clear to me that the district doesn’t meet the needs of the Town of Marion.”

            Under the CMWRRDD agreement, a town wishing to withdraw must obtain permission by a majority town meeting vote to proceed with the withdrawal process and negotiate the terms of withdrawal. Later, after all parties negotiate those terms, the CMWRRDD will propose an amendment to its agreement allowing for Marion’s withdrawal. Marion would need a second town meeting vote to accept the amendment and the terms spelled out therein.

            McGrail said that he informed the current executive director for the CMWRRDD, Jeffrey Osuch, via email earlier that same day and talked briefly with him about the situation.

            “He wasn’t surprised,” McGrail said. The topic will be included on the agenda for the CMWRRDD’s next meeting on October 23, two days after the Special Town Meeting.

            “The Town of Marion is in a much different situation than the other two towns,” said McGrail.

            Marion offers its residents curbside recycling and trash collection, while Wareham and Carver residents must either use the transfer stations or contract their own private curbside trash hauler.

            “If we have our own trash program set in place,” said McGrail, “it just doesn’t make sense for us to be a part of that district.”

            The district was formed in 1973 under an agreement with the three towns, and in 1993 the CMWRRDD amended that agreement to enter into a waste management contract with SEMASS. SEMASS guaranteed the district a place to dispose of all its solid waste for 27 years without charge.

            That contract with SEMASS expires on December 31, 2020. At that point, the district is responsible for finding another place to dispose of its solid waste.

            As part of the contract with SEMASS, SEMASS has been reimbursing the district 100 percent of the cost to operate its transfer stations and landfill, and funding capital costs at 100 percent. In return, SEMASS was given the right to dispose of ash and unburned shredded waste in the district’s landfill at a $1-per-ton charge.

            For years, the district remained financially solvent. Marion and the two other district towns were rarely charged an assessment of any significant amount for the disposal of their solid waste. That changed in 2017, when Pickles, who had been employed as the executive director since the district’s inception, issued the Town of Marion an assessment for $25,000, one for $89,000 to Wareham, one to Carver for $59,000, despite a total of $4,342,000 in payments from SEMASS between 2012 and 2017. The three towns had not been issued an assessment since 2012.

            The overseeing board of the CMWRRDD then began to investigate the reason behind the soaring assessments and discovered a number of financial discrepancies in Pickles’ financial records – or lack thereof. Pickles was fired in February 2018 and a civil suit filed by the CMWRRDD against Pickles, his wife Diane Bondi-Pickles, and former Carver health agent Robert Tinkham, Jr., alleging the embezzlement of a cumulative $838,000 from the district between 2012 and 2017. An indictment by the Attorney General and criminal charges followed, accusing Pickles of stealing over $600,000 from the district.

            Early in 2018, the CMWRRDD board was also perturbed to discover that Pickles had unilaterally rejected an offer from SEMASS to extend its contract with the district beyond 2020 without consulting the board. At this time, SEMASS is no longer interested in a contract with the district.

By Jean Perry

            A hearing to determine whether or not a new doggy daycare business was eligible for a Special Permit became something altogether different when it was disclosed that an unpermitted outdoor storage space was located on property owned by Peter Renaghan, 123 Fairhaven Road, the location of a pet care store.

            Nancy Carroll of Marion and Renaghan went before the Zoning Board of Appeals on September 19 with an application for a Special Permit to operate a doggy day care business, a transfer of business ownership and expansion of services. They explained that an agreement was pending between the two parties that would transfer ownership of the existing business and expand services currently available.

            There began some discussion of hours of operation, noise and smell mitigation, and other operational matters; but those quickly were set aside when an abutter came forward with questions regarding a “junkyard” behind the pet care center.

            Peter Graves, owner of 129 Fairhaven Road, questioned if the board intended to do anything about boats and motor vehicles stored behind the business. He claimed that oil and gas from the ‘junkyard’ was leaching onto the ground.

            The ZBA was caught off guard, and asked Graves if he had contacted anyone about the problem. Graves said he had contacted the Board of Health and had spoken to Building Inspector Andy Bobola. The ZBA asked Bobola if the ‘junkyard’ was a legal business, and if the storage was permitted.

            “None of it is allowed,” said Bobola.

            Bobola explained that the full scope of how the property was being used had not come to light until construction at the abutting business’ property created a clear view. He said that many months before, when the storage of boats and vehicles had been brought to his attention, he had instructed the tenant, Dana Barrows, to clean it up before May 1, 2019. Bobola said that some cleaning up had taken place, but it had not been fully completed. 

            Board members asked Renaghan whether or not he was aware of the situation; he simply replied that he would discuss the matter with Barrows.

            But the board members were flummoxed. Should they tie the Special Permit to a clean up of rented space behind the existing business? The ZBA was split. Again, they turned to Bobola.

            Bobola said he hoped the board would allow the application to move forward unencumbered by Barrows’ activities. He also said that he would immediately require Barrows to clean up the site.

            The ZBA granted the Special Permit with the following conditions: hours of operation would be Monday – Friday 6:30 am to 6:30 pm, and daycare staff must be trained to control barking dogs. The outside pens for the daycare dogs would be some 100 feet from the area being used for outdoor storage.

            Bobola said that Renaghan had been a good business partner in the community for many years.

            As Renaghan left the Town Hall conference room, board member Mary Anne Brogan yelled out, “Clean up your property!”

            During a follow-up, Bobola said he had instructed Barrows to clean up the junkyard within 30 days from September 20. Regarding accusations that the boats and vehicles were leaching gas and oil onto the ground, he said, “Everyone has the right to contact the Conservation Commission or the Massachusetts Department of Environmental Protection with wetlands concerns.” He did not say that those pollution accusations were confirmed.

            Also coming before the board was David Duff represented by Robert Field of Field Engineering for property located on Mattapoisett Neck Road. The application for a Special Permit was for the construction of a garage with living quarters on the second story described as “a guest house” with the option of building a single-family home on the site at some point in the future. 

            Duff explained that he wished to build only the guesthouse at this point in time for his occasional use, but that when he retired some five years in the future he wanted to build a single-family home on the property. Bobola confirmed that guesthouses were allowed by the zoning bylaws for lots over 5,000 square feet, but board members expressed concerns, primarily centered around committing the Zoning Board of Appeals to a conceptual plan five years into the future.

            Chairman Sue Akin said, “To me, this is two houses on one property.” There ensued discussion regarding the possibility of placing a deed restriction on the guesthouse so that it could only be used by family members and not rented out as vacation property. This also led to questions as to why Duff didn’t just build the larger home first, and then come back to the ZBA for permission to build the guesthouse later.

            Field said that Duff was simply trying to get a feeling as to the ZBA’s acceptance of the plan.

            “We are trying to get a sense of what can happen five years from now,” said Field.

            Brogan quickly responded, “We don’t know what the rules are going to be in five years.”

            Board members were in agreement that they didn’t want to commit a future board to something so many years ahead.

            The application was withdrawn without prejudice.

            The next meeting of the Mattapoisett Zoning Board of Appeals will be scheduled for October 17 at 6:00 pm if hearings are planned.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

            During the September 24 meeting of the Mattapoisett Board of Selectmen, Natural Resource Officers Kathy Massey and deputy Marc Folco came before the board to discuss increasing shellfish fines.

            Massey said that updating fines was long overdue, and she and Folco presented a new schedule. Going from $50 to $100 are fines associated with: fishing without a permit, shellfishing more than once a week per species, the taking of shellfish out of season, failure to provide name, badge, or permit to enforcement officers, fraudulently obtaining a permit, taking of shellfish by scuba diving or snorkeling, failure to use proper measuring receptacle while shellfishing and exceeding the limit of eel traps. Anyone caught shellfishing without a permit will also be required to pay for the actual permit, in addition to the $100 fine.

            Shellfishing permits for residents are $25 and non-residents $35.

            Other fines increased by a vote of the selectmen were taking shellfish from closed areas increased from $200 to $250, and selling shellfish on a family permit from $75 to $300.

            Also discussed was the mandating of wire baskets that will measure a legal peck and the opening of scallop season on October 15.

            Earlier in the evening, Alan Decker of the Buzzards Bay Coalition and Mike Huguenin of the Mattapoisett Land Trust brought forward documents that would provide conservation restrictions on land the MLT is about to acquire, property known as Pine Island Pond. With the addition of this 120+ parcel, the MLT will hold some 400 acres spanning from Route 6 to the water’s edge on Angelica Avenue.

            Decker asked that the selectmen’s signature on the agreement that would grant permanent conservation restriction on lands he described as habitat rich salt marshes, forested wetlands, and forested uplands.

            Selectman Tyler Macallister said the acquisition was “fantastic” for the town and asked about possible use of a paper road known as Old Slough Road. The road had been part of early discussions on the necessity of preserving the area not only for historical and recreational purposes, but also for public safety.

             Town Administrator Michael Gagne said that considerable discussion on the possibility of using that road in the event of emergencies or if sea level rise were to cut off Point Connett had taken place and the idea was viable. Decker and Huguenin explained that there remains a piece of private property yet to be acquired, but thought that would be possible in the future by either obtaining permission from the property owner for a right of way or moving the road onto MLT property.

            Also approved was the conservation restrictions for parcels associated with MLT’s Brandt Island Cove District, 39 acres along Mattapoisett Neck Road currently owned by the BBC. It was discussed that there are contiguous lots owned by the town in the area also in need of conservation restrictions. Decker was asked to research options for protecting those parcels as well as obtaining information on ownership of several others lots in the area.

            In his report, Gagne said he has been working closely with the Town of Acushnet on a joint partnership for the development of affordable rental units for veterans. He said that the former Russell’s Library in Acushnet is being considered for 13 units. Gagne noted that in July the governor’s office announced $1.89 billion in grant money for the development of affordable housing, grant money that this project will be seeking.

            “There are a significant number of homeless veterans,” Gagne said with a hush.

            Gagne also reported that sewer work along Industrial Drive is well underway, and that grant monies for the redevelopment of Industrial Drive were still pending. He noted that $1.5 million was being sought between a Mass Works Grant and Federal Economic Assistance Grant, and another $400,000 from a grant known was PARC.

            A second Special Town Meeting was set by the selectmen to allow voters to consider zoning bylaw amendments that would allow the industrial cultivation of marijuana and marijuana products for recreational and medical purposes in the Mattapoisett Business Park. The Special Town Meeting was set for November 4 at 6:30 pm in Old Rochester Regional High School auditorium. The selectmen also closed the warrant for this town meeting.

            Gagne also said that the Fall Special Town Meeting is scheduled for October 21 at 6:30 pm in Old Rochester Regional High School auditorium

            The next meeting of the Mattapoisett Board of Selectmen is scheduled for October 8 at 6:30 pm in the Town Hall conference room.

Mattapoisett Board of Selectmen

By Marilou Newell