During the October 29 meeting of the Rochester Zoning Board of Appeals, several hearings dealt with applicants petitioning to add multi-family structures to existing single-family residences.

            First up was Town Planner Donald Spirlet, 9 Coombs Road. Spirlet’s filing requested a variance that would grant the construction of a garage and mudroom with a fourth bedroom over the proposed garage. Spirlet had previously received a variance for the same plans, but that variance had expired. Finding nothing objectionable about the application, the board granted the variance.

            Things were a bit less straightforward for Daniel and Carrie Costa, 173 Pierce Street, who sought a variance to construct an apartment addition. While the board members agreed that the request was reasonable and plans acceptable, the applicant’s failure to meet a requirement caused the hearing to be continued.

            Zoning Bylaw Chapter 20 mandates that the property owner must have owned the property for seven years before requesting a multi-family conversion.

            After explaining the need based on personal hardship, the board members asked the applicants to consult with Town Counsel Blair Bailey to ascertain if there was a way to accommodate their application. The hearing was continued until November 12.

            Also seeking a multi-family conversion were Wayne and Diane Knapp, 99 Hartley Road. The Knapps explained their desire to remain in their home but need to downsize into a smaller space. They said the large area above the garage could be converted into an apartment they could occupy while renting out the main home. Once again, finding nothing objectionable with the proposal, the board approved the variance and special permit. Conditions were applied to the permits, including stipulations that all parking must be off-street, and the dwelling must meet all other requirements of regulatory boards.

            Variances were also granted to John and Michelle Vinagre, 7 Ginny Drive, for the construction of a new garage situated in the front of the property. After discussing the hardships associated with placing the garage on the oddly shaped parcel, along with considerations requested by the Conservation Commission that the building did not intrude into bordering vegetated wetlands, the permit was granted. One condition was placed on the project: The space above the garage cannot be converted into living space at any point in the future.

            The next meeting of the Rochester Zoning Board of Appeals is scheduled for November 12 at 7:00 pm.

Rochester Zoning Board of Appeals

By Marilou Newell

            The Mary Celeste Whiskey & Wine Library gained two approvals after a 4:30 pm public hearing with the Marion Board of Selectmen on November 3 at the Marion Music Hall.

            The first was for the transfer of an on-premises alcohol license from 149-151 Front Street to 7 Cottage Street. Founder/Manager Mike Achilles represented the Mary Celeste establishment.

            The selectmen’s approval is only the first step for Achilles. He also has to satisfy the state Alcoholic Beverages Control Commission (ABCC) and then Fire Chief Brian Jackvony and Building Commissioner Scott Shippey.

            Some neighbors who attended said they were not notified of the public hearing; however, Town Administrator Jay McGrail said Marion had met its legal requirements. Achilles noted that neighbors who live across the street from the establishment are no, by law, abutters for purposes of the hearing.

            Ann Ziegler, 16 Cottage Street, asked about potential noise on summer nights. “I’m concerned that the sound will be carried,” she said.

            Achilles told Ziegler that he has invested in Noise Aware monitors that measure decibels 24 hours per day. When noise reaches a specified threshold, it notifies his cell phone via an application. “We respect all our neighbors and will do our best,” said Achilles, who plans to close at 10:00 pm. He also pointed out that his restaurant’s general manager lives next door, so “we all have a vested interest in keeping the noise down.”

            The establishment is not quite full service, according to Achilles, serving appetizers and desserts. The parking lot accommodates at least 15 cars.

            The selectmen closed the public hearing and then voted to approve the liquor license transfer under the provision that permits and safety certifications are met. Under a different action item of the board’s meeting agenda, the selectmen separately approved Mary Celeste’s common victualer license.

            In a 4:05 pm appointment, Department of Public Works Engineer Meghan Davis told the selectmen that a project is going out to bid that will create an emergency-only egress from Sippican School out to Mill Street (Route 6). The design is in its final stages, and town officials have viewed the contract.

            Construction is scheduled for the summer of 2021 and is to take 60 days to complete in time for the 2021-22 academic year.  The cost estimate is $105,000.

            Selectman John Waterman asked if the new drive could be used for a regular egress. Davis said it is permitted only for emergency purposes but can be discussed with the state Department of Transportation.

            Chairperson Randy Parker asked about the gate, currently planned as part of the chain-link fence with a regular padlock. Parker suggested a sliding gate to avoid being impeded by snow. He also suggested creating the infrastructure while digging to add lighting. “You can pick up power from across Route 6 if you have to. But I want to see the cost, too,” he said.

            McGrail suggested running expansion matters by Sippican School Principal Marla Sirois. “We can look into all the aspects here,” said Davis.

            Town Planner Gil Hilario appeared before the board in a 4:15 pm appointment to discuss a grant opportunity for electric vehicle charging stations. Bill Saltonstall of the town’s Energy Management Committee sat in.

            Hilario told the selectmen that the EMC had targeted an area across the street from the Music Hall and found out it would cost $5,000 to 7,000 to accomplish. He also noted he found a grant to pay for the power upgrade. The EMC would like to move the station from the Harbormaster’s location much closer to Front Street. The project was considered too expensive a couple of years ago.

            Hilario hoped to gain the board’s feedback and arrive at a location. Charging stations, he said, can be relocated. A grant would necessitate a site visit, inspection, and analysis.

            Later in the meeting, McGrail said that in light of Marion’s recent uptick in COVID-19 cases, including a new case this week at Sippican School, he plans to make changes in town government. For example, public meetings will switch to a fully-remote format accessible by Zoom beginning next week. This meeting, and several others in Marion, have been conducted either in-person at the Music Hall or through a hybrid format based at the Police Station.

            “It’s fairly significant for us. It is concerning at the town level,” said McGrail of the trend. “This is the last in-person meeting until we get past the spike. It’s still less than 10 (positive cases) in Marion.”

            Red-category (high-risk) towns have surrounded the town for the last few weeks.

            The Town Meeting scheduled for 6:30 pm on Thursday, November 5, at the Old Rochester Regional High School auditorium is still on schedule.

            “We’re going to take all the necessary precautions,” said McGrail, noting that ushers will ensure that families sit in pods. There will be no opportunity to linger after the meeting. “We’ve been living under this bubble. It gets our attention, but it’s no different than what any other community is dealing with.”

            McGrail encourages residents to write to Governor Baker to ask for relief for the town from the estimated $9.5 million the government has ordered Marion to pay for upgrades to the wastewater treatment plant. McGrail reports that 1,000 tons of sludge needs to be removed from the lagoon. He praised DPW Director David Willett for his management of the crisis.

            The town awarded the bid for the new DPW facility design to Saltonstall Architects. “Their portfolio is different from the other (finalists),” said McGrail, “but what they bring to the table in local knowledge cannot be short-changed. We’re working on a contract with them.”

            Shea Doonan, whose aquaculture license had been revoked, appeared before the selectmen because the Massachusetts Division of Marine Fisheries “thought it might be a good idea.”

            Doonan is trying to gain authorization to sell off the seed from his industry. He said the DMF had authorized his effort. “The problem is the town still hasn’t transferred the site,” he said, noting that he has two farmers interested in purchasing his seed “at an unbelievable discount compared to the open market.”

            According to Doonan, it has to be sold to a site holder. Facing a deadline for Saturday, November 7, Doonan said the DMF told him that only the selectmen can extend his deadline another 60 days (from his license-revocation date) to remove all of his gear from the site. “I’m basically between a rock and a hard place,” he said.

            McGrail told Doonan he had discussed the matter with Harbormaster Isaac Perry and can authorize the extension. McGrail instructed Doonan to put in a written request as soon as possible.

            McGrail praised Town Clerk Lissa Magauran and her team for its work handling the 2,430 early voting ballots that represented 56 percent of the town’s 4,374 registered voters. Of Marion’s 2,430 early ballots, 830 were cast in person at the Town House, the rest sent by mail. By 4:00 pm on Election Day, the Cushing Community Center had seen 1,043 more voters.

            Marion will hold a Thanksgiving Food Distribution on Friday, November 20, from 10:00 am to noon at the Community Center; registration is required by calling 508-748-3570. Donations are also accepted.

            There will be a grab and go lunch for veterans on Veterans Day, Wednesday, November 11, at 11:00 am at Old Landing. For more information, call 508-748-3570.

            The selectmen have one meeting scheduled next month on Tuesday, December 15, at 4:00 pm via Zoom. Selectman Norm Hills was absent from Tuesday’s meeting. The next meeting of the Marion Board of Selectmen is scheduled for Tuesday, November 17, at 4:00 pm at the Marion Music Hall.

Marion Board of Selectmen

By Mick Colageo

            SunRaise, LLC, developer of large-scale solar arrays, was again before the Mattapoisett Planning Board on November 2 to discuss hiring a peer-review consultant. Before getting into those specifics, the board members continued to ask questions about the scope of the project itself.

            Board member Karen Field asked what happens to the property after the solar array is decommissioned in 20 years. SunRaise’s Joe Harrison said that the land where the arrays were installed would become a meadow environment and that it could be redeveloped for housing or agricultural use.

            Field then questioned if the project would impact the Mattapoisett River Valley Watershed and if the solar panels would contaminate the soil with heavy metals.

            Harrison said that SunRaise had received a written decision of the Mattapoisett River Valley Water District, in which the commission found the plans to be acceptable. On the point of whether or not the solar panels would contaminate surrounding soils with metals, Harrison said that would not happen. However, Field said she had read such could be the case and said she would find those materials.

            Member Nathan Ketchell said that the whole area planned for the 7.5-megawatt array was part of the River Valley system and asked if zoning factored into the permitting process. Ketchell requested that the Building Department weigh-in on that point. He also asked Harrison for details on roadway feasibility for large vehicle turning and if the large-scale battery units could be moved farther north on the site.

            The board returned to the matter at hand, a peer-review consultant.

            Chairman Tom Tucker said the board needed to discuss with the Conservation Commission the scope of what they will need third-party oversight to handle. Tucker asked if Harrison had thought about an off-site staging area so that equipment and materials could be brought to the construction zone in smaller vehicles, given the rural nature of Randall Lane. Harrison said he would look into doing that.

            Harrison stated that the most significant part of the project would be the logging phase and that it would take about two weeks to complete. Small trucks could not be used for logging purposes, he indicated.

            Tucker also asked if there could be someone overseeing traffic in and out of the job site, “keeping an eye on things.” Harrison said that there would be a foreman on the job site and that SunRaise would repair any unforeseen damage done to the dirt lane or rock wall features. Ketchell suggested both pre- and post-construction site walks to evaluate damages.

            Planning Board Administrator Mary Crain said she would advertise for peer review consultants. The hearing was continued until November 16.

            In other business, the board members discussed the next steps for meeting with volunteers interested in drafting an updated Master Plan. Fifteen residents have asked to participate, Crain said. A remote meeting date of November 18 at 7:00 pm will be posted.

            The board also discussed language in the draft of a new solar bylaw and determined that Crain and Robbins will continue to work together. Tucker said he wanted a public hearing on the new bylaw “sooner rather than later.”

            Before adjourning, Tucker asked if anyone on the board would be willing to represent the Planning Board on the Community Preservation Committee, filling a seat that has long been empty. Field said she would do so.

            The next meeting of the Mattapoisett Planning Board is scheduled for Monday, November 16 at 7:00 pm.

Mattapoisett Planning Board

By Marilou Newell

            Monday night’s pre-submission conference with Distributed Solar Development only yielded a formal meeting scheduled with the Marion Planning Board for November 16, but a lengthy discussion during the board’s November 2 Zoom meeting indicates that the potential for a solar array atop the Benson Brook landfill is stronger than it was five years ago when the Energy Management Committee looked into the possibility.

            In setting a context for Monday night’s discussion, Town Planner Gil Hilario told the board that Town Administrator Jay McGrail had received three bids and selected DSD with which to move forward. Since then, DSD has applied with Eversource for interconnection. “It may not be viable, but we’re here to get an update this year as opposed to five or six years ago,” said Hilario.

            Represented by Development Project Manager Jenny Nicolas and Tetra Tech Project Manager Josh Burdett, DSD boasted in its slide presentation over 130,000 projects nationally, over 80 experts on staff, and, in Massachusetts, the deployment of over 12,000,000 watts of power via rooftop, canopy, and ground-mounted installations and projects involving energy storage.

            More relevant to Marion, DSD operates regionally in partnership with Cape & Vineyard Electric Cooperative, whose executive director, Liz Argo, attended the meeting. CVEC has awarded DSD 23 megawatts of solar and storage projects across five Cape Cod communities: Brewster, Sandwich, Harwich, Orleans, and Mashpee.

            The project, a 1,700-kW system covering 71.650 square feet, would generate 1.578 megawatts per hour per year in the first year. DSD would sell the power back to Eversource to go back into the grid.

            The solar array would have a 20-year lifespan, and Planning Board member Joe Rocha asked what happens after 20 years. Nicolas said Marion would have an option to purchase the system outright, along with a chance to increase the lifespan of the deal. If the town chose to go in a different direction, a bond needs to be in place to cover the cost of decommissioning.

            Argo added that they have to restore the site to its original condition.

            Marion is guaranteed the lease payment for the life of the contract. If there is a power failure, Marion gets paid as host either way, regardless of the system’s performance.

            Nicolas said that DSD will own the system and that the contract will ensure that the site is not underperforming. “We’re not just putting in the system and walking away; we’re monitoring it,” she said.

            Because Marion participates in a power purchase agreement (PPA) with Future Generation Wind, thereby maximizing its energy-earning potential, the town cannot pursue another PPA. Thus, any likely arrangement with DSD will consist of a less-profitable land lease.

            “We prefer to do PPAs,” said Argo. He referenced prior correspondence with Energy Management Committee member Bill Saltonstall, who also attended the meeting. Argo said Marion’s PPA with Future Generation Wind is a good plan for the town, but because usage is maxed, the town cannot take any more net-metering credits. “The battery will provide some revenue as well.”

            The Solar Massachusetts Renewable Target (SMART) incentive program requires a battery for any project above 500 kW. The battery, explained Argo, levels the intermittency of voltaic systems.

            “I think this is a great location for solar,” said Planning Board Chairperson Will Saltonstall. “We’ve obviously got to get around the environmental challenges for solar…. I think this is a really good project for the town.”

            Although Burdett indicated he could further research the matter, the presentation was based on limiting panels to the plateau with none planted on the side slopes. Burdett said panels on the slopes would require more digging but can be done.

            Argo called Eversource “the gorilla in the room.” Eversource has yet to declare an operating cost and may not until the end of the first quarter of 2021. A higher number would cut into what is presently estimated to be a $136,000 lease agreement.

            Planning Board member Chris Collings was not impressed with the potentially low ceiling on profits. “The dump is a wonderful site for solar, a great location,” he said. “I worry about rushing to close a loop when all we’re doing is renting space. I’m intrigued, but I don’t think we have enough information yet.”

            Nicolas based her optimism on Eversource’s group studies suggesting that this project won’t just die because of the interconnection costs. She said she is confident that “we’ll be able to make it work out once we find out pricing from Eversource.” Nicolas said the risk is on the developer, while the town can decide whether or not the project is worthwhile and back out of the deal.

            “I personally don’t have a problem with the developer taking that risk and getting involved in the site plan review. It’s on their nickel and (at) their risk,” said Will Saltonstall. “We need money and revenue in the town. What’s the downside of not considering it sooner rather than later?”

            Energy Management Committee member Jennifer Francis attended the meeting and asked why a community solar garden concept is not being considered. She said Marion already has one that was very successful as an opportunity for people to buy a share who would otherwise not be able to.

            Argo explained that the blocks have been filled and that regular community solar is no longer available. Low-income community solar is available, but is, according to Argo, “a very big challenge to manage.” Marion, she said, chose the better return on its investment.

            It was determined that Hilario would research the cost of a consultant to conduct a minor site review, with the expense to be billed to DSD.

            When the board reconvenes on November 16, a formal application will be reviewed.

            In other business, the Planning Board received a letter from Town Administrator Jay McGrail outlining objectives for the FY22 budget and asking the board to submit a level-service budget by December 14. Administrative Assistant Terri Santos noted that board member Norm Hills, who was not in attendance, puts the budget together, so the matter was tabled until the Planning Board’s November 16 meeting.

            Board member Eileen Marum reported on a Citizen Planner Training Collaborative Workshop that she recently attended. The subject was maximizing local control over wireless facilities, including small-cell technology benefits like enhanced voice and data and 5G broadband that Marion does not yet have. Small-cell technology, said Marum, closes the divide for the elderly and the disabled.

            In addition to approving the payment of three invoices for services provided by the Southeastern Regional Planning & Economic Development District (SRPEDD), the board discussed its meeting time for next year without resolution.

Marion Planning Board

By Mick Colageo

            Anticipating that Mattapoisett would bounce back to ‘yellow’ on the state’s COVID-19 map, Public Health Nurse Emily Field emphasized in her comments to the Mattapoisett Board of Health during their October 28 meeting at Center School that, even when it’s not making noise, the coronavirus is silently present.

            “We need to realize there’s a large part of the population walking around with the virus undiagnosed and asymptomatic,” Field said.

            A positive test the night before the meeting had Mattapoisett back in the red zone, and contact tracing efforts were spreading into neighboring communities.

            Board of Health member Russell Bailey asked whether any people that have tested positive were currently hospitalized. Field confirmed that there were hospitalizations, but for non-COVID reasons. When some of those cases became inactive a day later, the town was back in the yellow (4-8 cases per 100,000).

            “We are doing the contact tracing; we’re not reaching out to the state’s Community Tracing Collaborative, so there’s less lag time. I’m receiving emails 10 days later,” said Field, alluding to a correspondence she had received telling her information she had already confirmed on her own.

            Bailey asked how far contract tracing goes. Both Field and former Public Health Nurse Amanda Stone, who accompanied Field to the meeting, both said at once, “It keeps going.”

            “In this room,” explained Stone, “if we were close together and didn’t have barriers and you called tomorrow to say, ‘I have COVID-19,’ we all go into quarantine.”

            They explained that there would be follow-up on all people in isolation and quarantine and then those people must be released from quarantine. To return to work, many people need to produce a letter from their town stating that they satisfied the regulations. Last week, said Stone, she and Field had to notify another town’s Board of Health about a Mattapoisett situation that impacts their community. “It’s a mushroom,” said Stone.

            Board of Health member Kenneth Dawicki told the health nurses that he had been fearing the mushroom had reached him after a bout of sinusitis, but he, fortunately, tested negative. He waited four and a half days for his result.

            Stone said that the molecular, polymerase chain reaction (PCR) is the gold standard for COVID-19 testing. “A lot of people are getting the antigen test,” she said, because of the two-day wait for results.

            Stone has postponed her retirement by several months to assist Field with the challenging transition. Both answered several questions posed by the board, but Field hesitated when Chairman Carmelo Nicolosi asked how many hours she has been putting in.

            “It’s so hard to keep up,” said Stone. “You never know when the call is going to come in. You wake up in the morning and … Emily is literally working 60 to 80 hours.”

            Nicolosi asked Field to keep track of and report her overtime, and he suggested that the town may be able to apply for pandemic-related reimbursement under the provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Nicolosi also pointed out that Field and Stone have been working closely with the schools.

            “The ladies here are doing an absolutely fabulous, bang-up job,” said Dawicki, thanking them publicly. “It turns us into a better organization.”

            Field noted that, according to the Massachusetts Department of Public Health, the highest percentage of transmission occurs along the coast. Stone said the 19-39 age range yields the most positive cases.

            Having attended two school committee meetings, Stone said the DPH will be involved for any potential transition from hybrid to full in-person school. Meeting every few weeks to review key indicators, Stone displayed a copy of Superintendent of Schools Mike Nelson’s COVID-19 dashboard. She noted that three more busses would be needed for grades K-6 to make a full in-person return in the Tri-Town.

            “Continuation of the hybrid model is where we should be right now,” she told the board.

            Field reiterated the bottom line of caution: “If you’re keeping physical distance and keeping clean hands and minimizing, … you’re less likely to come in contact,” she said.

            Also during the meeting, Nicolosi recused himself and Dawicki presided as acting chairman as Richard Charon of Charon Associates appeared on behalf of John J. Grant Jr. and Elizabeth Hunter, trustees of the Grant Family Trust, seeking four variances at 9 Cedar Street for the proposed repair of a sewage disposal system including a new combination of a septic tank and dosing tank and a new leaching facility to replace the existing cesspool.

            The four variances were granted, but with Dawicki’s request of a barrier preventing the parking of cars on the leaching field. The variances will allow for 3 feet of groundwater separation rather than the required 4 feet; a 2-foot over-dig around the leaching field rather than the required 5 feet; the new septic tank to be placed 3 and 4 feet from property lines rather than the required 10 feet; and the new leaching field to come to within 3 feet of the property line rather than the required 10 feet.

            Nicolosi noted as he opened and closed the meeting that he will be working with Health Agent Kayla Davis to make Board of Health meetings accessible via Zoom. He anticipates a hybrid arrangement for the next meeting, which is scheduled for Wednesday, December 2.

Mattapoisett Board of Health

By Mick Colageo