Town Counsel Blair Bailey joined the Rochester Conservation Commission meeting held on October 20 to discuss potential changes to the commission’s application process surrounding minor projects. The proposed changes to the application process came after numerous applicants came before the commission seeking permission to perform minor work such as tree cutting and pruning.

            Bailey explained to the commission that following the initial request from Conservation Agent Laurell Farinon for a potential change to the procedure on minor applications, he has been working closely with Commission Chair Michael Conway. “We have had a couple of meetings to discuss minor issues coming before the board,” Bailey told the commission.

            According to Bailey, the problem of minor applications slowing down the commission is not one that is unique to Rochester. In fact, many other towns have implemented strategies to mitigate the impact that numerous minor projects have on conservation commission agendas. “A number of conservation commissions have enacted changes that allow the conservation agent to make a threshold determination as to projects that are minor in nature and do not require a formal filing,” said Bailey.

            Granting the town’s conservation agent the authority to deal with these minor projects has a number of advantages. Mainly, it allows work to commence faster, which saves time and money on behalf of applicants and the town. In addition, the removal of insignificant projects from the commission’s agenda allows for greater time and investment in projects that have a larger impact.

            One issue surrounding the proposal relates to where the line should be drawn on the extent of commission authority given to the conservation agent. Most requests that would fall under the conservation agent’s authority related to tree cutting and projects that pose an imminent risk to applicants. Bailey suggested that if the proposal to allow the conservation agent to independently review these projects goes forward, then the commission should determine the types of minor projects that would fall under Farinon’s purview.

            Bailey explained that he would work to develop two distinct proposals for the commission to review. One would grant a restricted capacity for the conservation agent, while the other proposal would present a broader scope and more freedom in independent decision making by the town’s conservation agent.

            The specific steps forward are unclear. Bailey revealed that some towns have made changes to their bylaws to codify the authority of the conservation agent in making these decisions. Other towns have chosen a more informal approach and simply rely on the agent’s experience and knowledge to determine whether a certain project requires a formal application. In either case, Bailey strongly recommended that the conservation agent closely track and present each project informally to the commission so that its members are aware of them. The commission agreed to discuss the topic in further meetings, while awaiting the proposals from Bailey.

            Following the discussion surrounding minor projects, the commission moved to review a public hearing pertaining to new wetlands delineations on Neck Road. Ryan Young, representing the applicants for the proposal, explained that wetlands scientist Ward Smith was hired to draw up a new map of the wetlands on the site in question.

            According to Smith, he approached the task with a conservative approach in order to make sure that any proposed wetlands boundaries would clearly protect the resource areas. Farinon expressed agreement that the delineation seems to be accurate from the knowledge of the site she gained on her visit to the area.

            Multiple abutters to the applicant joined the public hearing to express their concerns surrounding the new delineation. Their primary concern related to inconsistencies on the site map with their own experience living near the area. According to the abutters, the map does not accurately represent all of the wetlands areas that are located on the property. The Conservation Commission agreed that it would be best to hire a third-party scientist to draw up their own delineation and resolve any inconsistencies.

            Young agreed that a continuance of the public hearing would be beneficial. The Conservation Commission voted to continue the public hearing until November 17 to allow for an independent delineation of the site to take place.

            The next meeting of the Rochester Conservation Commission will be held remotely over Zoom on Tuesday, November 3, at 7:00 pm.

Rochester Conservation Commission

By Matthew Donato

            Prior to the October 20 meeting of the Marion Board of Health, Chairperson Dr. Edward Hoffer had distributed via email published comments written by his friend and medical colleague Dr. Steven Kanner, who has over 50 years of practicing internal medicine. Kanner’s insights into the current pandemic were appreciated by the members and believed to be critical details worthy of the read.

            In his text Kanner states, “SARS-CoV-2 is not going away anytime soon. Infections in Massachusetts have crept up to high hundreds in the past week…and national infections are over 40,000 daily … national deaths continue to accumulate at discouraging rates. Cold weather is likely to facilitate even more infections.”

            Kanner said that, while a vaccine will be found, widespread distribution isn’t likely until the third quarter of 2021. He said that a moderately effective vaccine with 60 to 70 percent efficacy would slow the spread, but with exposure, infection rates would be 30-40 percent.

            Other notable sound bites from Kanner contained advice on what to do if one becomes ill and the disease is confirmed via testing – isolation at home. Mild cases will last 10-14 days. Isolation of 10 days after initial symptoms is prescribed, and a positive test requires the quarantine period.

            Disease transmission was another important point of Kanner’s, in which he stated that while distancing of 6 feet or more is helpful, aerosol transmission, fine virus-carrying mist, can float and persist in the air and can move widely indoors in spite of masks. Good handwashing remains high on the list of helping to prevent transmission and infection, as well as the wearing of masks.

            In summary, Kanner tells us, “This is our life for the next six months, almost for sure: You must continue to wear a mask whenever in contact with others, continue to socially distance (at least 6 feet) even when you have a mask on, and wash your hands (or use sanitizer) frequently. Outdoor activities can be done without a mask if you are truly separated from others, otherwise a mask remains necessary for everyone’s protection. All indoor events carry risk of infection despite masks and separation.”

            Public Health Nurse Lori Desmarais reported that Marion has 22 cases of COVID-19 with two currently active cases. She said that she was working closely with the Sippican School nurse and that contact tracing was well in hand. Tabor was another bright spot as Desmarais reported testing had gone well and that a campus flu clinic would reach all remaining students and staff needing inoculation.

            Of the two cases reported at Old Rochester Regional Junior High School, Desmarais said the people were not from Marion, prompting Board of Health member Dot Brown to quip, “But it affects Marion, right?”

            Flu clinics have been conducted Desmarais reported with a second public clinic planned for Friday, October 23. While the final clinic is via appointment when asked by Hoffer was there sufficient vaccine for people just showing up, she confirmed they could be served. When the clinics have closed for the season Marion’s Public Health outreach would have provided some 250 vaccinations.

            The Marion BOH is planning next steps in vaccine distribution with the implementation of a PrepMod software system. As noted in the August 2020 issue of the Massachusetts Health Officers Association newsletter, this is an “online, paperless system that local health departments can use at their immunization clinics to schedule, screen, bill and report to the Massachusetts Immunization Information System (MIIS).” Hoffer said the state was offering the software to all cities and towns.

            Board of Health Agent Dave Flaherty reported that CERT training had begun with Marion Police and Fire departments.

            Flaherty also shared that he has been following up complaints of youths gathering without wearing masks and that the Police Department was assisting in this matter. There had also been mask complaints from customers of restaurants that were also being investigated.

            On the matter of derelict buildings, Flaherty noted that 464 Front Street remained a problem and that the police were following up complaints that minors were living in the building. Hoffer said he had had a conversation with the property owner’s attorney, who stated that measures to clean up the property were underway with contractors hired. Flaherty said that not much was being done to the property. If the site does not comply with mandated clean-up, a standing order to tear down the single-family home in December will be carried out.

            Clean up at 26 Pitcher Street is underway, Flaherty said, but neighboring 33 Pitcher remained a problem. He said, “I don’t know how to get a hold of someone who doesn’t pick up their mail.”

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

Marion Board of Health

By Marilou Newell

            It was a packed remote meeting room on October 19 when the Planning Board opened the hearing for a site-plan review of a proposed solar array off Randall Lane. Property owned by Randall Lane LLC, if approved, will contain up to 78 acres of which 30 will be utilized for the expected 20,000 solar panels needed to produce 7.7 megawatts of energy. Those 30 acres will be in two separate locations on the property to make the best use of available uplands.

            It was good news to many in attendance to learn from Lars that an existing 1741 homestead and barn will not be directly impacted by the construction of the array.

            Coming before the board to present the project was Eric Las of the engineering firm Beals and Thomas, as well as Joe Harrison, director of project development for SunRaise, a Portsmouth, New Hampshire-based solar development company.

            Before Las launched into the nuts and bolts of the project, board Chairman Tom Tucker had letters and emails sent to the board regarding the project read into the minutes. A letter from abutter David Nicolosi spoke to damage that might be caused by heavy trucks using a narrow dirt lane and the inability to easily navigate turning on said lane.

            The Mattapoisett Historical Commission spoke to concerns that the historic stone bridge might be in harm’s way during construction and urged conditioning safeguards and restrictions in the event the project advances to construction phases. While comments from letter writers were not in opposition to the project, putting rules and conditions in place to protect existing roadways, easements, and access by property owners were expressed.

            Las painted the technical aspects with a light brush as it was understood that several more meetings will need to take deeper dives before closing the public hearing. On this night he discussed stormwater systems, site fencing, erosion controls, underground conduits for electrical transmission, storage batteries, and transformers.

            Of the erosion control design, Las called it a “robust sediment primacy control,” that included silk socks and fencing. Stump grindings would be used in the early deforestation phase, Las said, to aid with water sheeting from the site. He also noted that a large sector which had been used for agricultural purposes was already empty of trees.

            During the public-comment portion of the hearing, Bob Spooner, neighbor to the project and member of the Mattapoisett Historical and Mattapoisett Agricultural commissions, asked if better signage might be placed at the bridge to help alert drivers to the weight restriction. (The Massachusetts Department of Transportation has restricted vehicles more than 2.5 tons.) Spooner also asked if a bond would be put in place exclusively for any damages created by construction-related vehicles using the bridge. Tucker responded, “All your concerns will be taken into account.” Going further Tucker said, “They won’t be using that bridge.”

            Later in the proceedings, Tucker said the Planning Board could ask for a police officer detail at the River Road and Randall Lane intersection to aid in keeping large trucks off the bridge span, calling it, “the cost of doing business. We are going to be very attentive.”

            Contrasting this proposed project against the completed Crystal Springs Road solar array a short distance as the crow flies from Randall Lane, Tom Gronski of 25 River Road said he was worried that heavy vehicles would be coming and going all hours of the day and night. He noted that during the Crystal Springs build-out up to 10 tractor-trailers were lined up with motors idling.

            John Duke, 12 Randall Lane, asked, “How does this help the town?” That question remained unanswered, but he further commented that Randall Lane is often unpassable after a snow event.

            Planning Board member Nathan Ketchell asked Las if the project would be going before the Zoning Board of Appeals since it would be a change of use. Las responded “no,” that he had been advised by the zoning enforcement officer that would not be necessary, just the Planning Board’s site-plan review. A surprised Ketchell asked that the Planning Board contact the Building Department for clarification. Las also stated that the town’s counsel had participated in discussions that called for Planning Board site-plan review but not Zoning Board of Appeals permitting.

            In a follow-up call to Andy Bobola, director of Inspectional Services for the town, he said that there had been discussions between the applicant, town counsel, and himself in which various permitting scenarios were reviewed. “It was determined that the town’s interests would be best served by the Planning Board and its site-plan review process,” Bobola explained, negating the need for a Zoning Board of Appeals hearing.

            In fact, during the Planning Board hearing, for more than an hour board members asked a series of questions, made comments, and requested more details of Las and his team.

            The hearing was continued until November 2, at which time the board has asked that the topic surety be the focus.

            In other matters, the board approved the removal of a maple tree at risk of falling on Shipyard Lane, and continued informal discussions with Douglas Schneider for a residential subdivision planned off Park Street.

            The next meeting of the Mattapoisett Planning Board is scheduled for November 2 at 7:00 pm.

            Editor’s Note: Author Marilou Newell is a member of the Mattapoisett Historical Commission.

Mattapoisett Planning Board

By Marilou Newell

Article 6 of the warrant for Rochester’s November 16 Special Town Meeting won’t be the most expensive, but its benefits may outlast those of the other eight articles that have been approved by the Rochester Board of Selectmen and the town’s Finance Committee.

            The final votes to those approvals took place during the selectmen’s joint hybrid/remote access meeting with FinCom, the Capital Planning Committee, town moderator, and town clerk on October 19.

            The $15,000 price tag to hire a consultant for the codification of Rochester’s bylaws is what Town Clerk Paul Dawson openly anticipated would be a maximum expenditure, possibly less and/or with an extended schedule to “ease the pain a bit.” Dawson will have a final price by Town Meeting. He told the selectmen and FinCom that it is a process he has managed on several occasions and insisted it will be well worth the investment.

            The two pieces to the codification update include a deep dive in the immediate to make necessary changes to and/or clean up old bylaws, delete those that are extinct and ensure attorney general approval. The cost for ongoing maintenance is estimated to be approximately one-tenth of the initial amount.

            The service comes with a number of bound hard copies, a searchable online document including details on when changes were made. Dawson called it a user-friendly document.

            “It’s nothing we want to do in-house,” said Selectman Woody Hartley.

            Town Counsel Blair Bailey said, “If we don’t spend (the money to get it done), we end up in the same position.”

            Dawson said that the documents that on hand emanate from work done up to six years ago, and a typical codification project can go take to two years to complete just to get the basic documents in place. Then the company will find out if the bylaws are legal with larger jurisdictions such as region, state, and federal levels. Once that analysis is complete, the results can be brought to Town Meeting for vote.

            “This includes a legal review as well,” said Hartley.

            Having asked questions that precipitated the revelation of the codification’s underlying value, Zoning Boards of Appeals Chairman Dave Arancio considered it a wealth of information. “That’s where I live,” he said, “in the weeds, so I appreciate the town counsel and the clerk. Thanks for your time.”

            Article 6 was among nine reviewed at Monday’s meeting.

            Articles 1-4 would allow the town to purchase trucks with plows, a tractor with a snowblower for the Highway and Facilities departments. The amounts range from $35,500 (used equipment that new could cost up to $170,000), $90,000, $69,000 and $51,000.

            Other items included a transfer to the Public Safety Stabilization Fund of $100,000 and transfer to the Capital Improvements Fund of $200,000.

            The Assessors were approved for a supplemental budget of $8,000 to overlap their retiring principal assessor during the transition period from January to June 30 of 2021.

            Article 7 is a pilot agreement proposal with Rochester MA 4, LLC, a Delaware-based developer with a Duxbury address, to see if payments in lieu of taxes can be made for a solar array the company wants to operate at 139 Sarah Sherman Road comparable in size to the solar farm on Mattapoisett Road. FinCom Chairman Kris Stoltenberg asked what would happen if the town voted against the arrangement. Bailey explained that the company would pay taxes; the purpose of a pilot program is to guarantee the town a revenue stream and at the same time let the company lockdown that cost.

            After the warrant was reviewed and approved, the Finance Committee adjourned.

            The Joseph H. Plumb Memorial Library opens on Monday, October 26, for the first time since the shutdown of state and municipal buildings in March.

            “We are at long-last ready to reopen, starting a week from tonight,” Gail Roberts, the town’s library director, told the selectmen, albeit with restrictions subject to the approval of the library’s trustees and Health Director Karen Walega.

            Visits to the library, at 17 Constitution Way, are to be held by appointment only and for no longer than 30 minutes. The governor’s stipulations include browsing but no inside programs. Facemasks will be required. New features at the library include self-service to check out items via a phone app called Hoopla. Patrons will also be able to download online items. A press release was scheduled to go out on Monday night, and Roberts also reported substantial improvement in the basement.

            Rochester has received $33,990 in its first-ever Green Communities grant-program disbursement. The funds apply to FY20. The town is eligible to apply over a three-year period for up to $135,960 for FY2021, but a more aggressive approach is anticipated.

            In her Town Administrator’s Report, Suzanne Szyndlar reported a Zoom meeting with Mark Weiland, Covanta’s new market-area asset manager. Covanta is one of the biggest taxpayers in Rochester.

            Szyndlar reported that the recycling grant is complete, and there will be no more inspection of bins for contaminants.

            The lighting project has been completed at the Senior Center on Dexter Road, and weather stripping of Rochester Memorial School doors will commence on Monday, October 26.

            Szyndlar gave a town building update including the completion of an elevator that is now waiting on state inspection. An intercom system has been installed at the Annex building, which is admitting visitors on a limited basis. “We’re working on that for Town Hall,” said Szyndlar, adding that a new video system allows employees to see a visitor outside the building and talk with them.

            Contract negotiations are beginning with Chief of Police Robert Small.

            The Tri-Town Zoom meeting of Rochester selectmen with Marion and Mattapoisett counterparts is scheduled for Thursday, October 22, at 7:00 pm. The meeting is posted at marionma.gov. The Tri-Town contract with ORCTV remains on the agenda, but the joint agreement with the Old Rochester Regional School District was pulled as ORR is still waiting on essential financial information from the state Department of Elementary and Secondary Education (DESE). The ORCTV audit has been completed for 2018, and Szyndlar told the selectmen that 2019 is being worked on now.

            A Verizon pole hearing for private residents will be held on November 2.

            In other business, the selectmen reviewed and accepted the 2020 herring-migration report from Alewives Anonymous, Inc.

            Ominique Garner, of A.V. Rose Farms, 628 Walnut Plain Road, was appointed to the town’s Agricultural Commission.

            Hartley said he would like to see the town establish a consistent process for when the town is considering purchasing a parcel of land.

            The next meeting of the Rochester Board of Selectmen is scheduled for Monday, November 2.

Rochester Board of Selectmen/Finance Committee

By Mick Colageo