It was standing room only at the Rochester Council on Aging when the March 7 meeting of the Rochester Conservation Commission got underway.
Drawing people out on a dark and dismal late winter’s night was the fate of Snows Pond that many believe is suffering a negative impact from construction activities at the adjacent property owned by Decas Cranberry Company.
Returning to face the commission’s questions as well as those from a large group of concerned citizens were Brian Grady of G.A.F. Engineering and Scott Hannula, project manager for Decas.
During the February 7 public hearing, the commission discussed with Grady and Hannula a Cease and Desist order issued by them due to the over-excavation of a tailwater pond the cranberry grower was creating.
The 23-acre site was to have been excavated to 30 feet; however, upon investigation by Conservation Agent Laurell Farinon, it was determined to have exceeded that elevation by 8 feet.
At that February meeting, Hannula was instructed to keep dewatering pumps turned on until pond bottom elevations could be confirmed. The pumping has subsequently been viewed as allegedly draining Snows Pond by several other town boards and by residents.
Although Grady and Hannula were prepared to discuss corrective measures that would ultimately allow Decas to turn the pumps off, a procedural irregularity had to be sorted out.
Farinon said abutter notifications had been sent out by G.A.F. using first class mail rather than certified mail and, upon advice of town counsel, the public hearing to amend the existing Order of Conditions could not be opened.
Town Counsel Blair Bailey advised the commissioners that they could discuss the Cease and Desist order giving the residents who had turned out to hear whether or not Snows Pond was being diminished by the dewatering activities a chance to also voice their concerns.
That being said, Chairman Michael Conway asked Grady to make his presentation.
Grady detailed pond water levels, ground water levels, and the amount of soil removed for the tailwater pond. After 15 minutes of describing the current conditions at the site and the surrounding ponds, he concluded that Snows Pond was affected, not by dewatering of the Decas pond but by severe drought conditions, seeming to debunk a notion that somehow the pumps were drawing fresh water from a deep vein.
Grady then explained plans for returning soils to the pond by “bulldozing” piles of excavated material back into the hole.
Soil Board Chairman Gary Florindo rose to speak. Walking to the front of the assembled, standing beside a map of the site, he began, “What happened at this earth removal site is anyone’s guess. When Laurell told me I said, ‘Put it to grade.’”
“This is a very high profile project,” Florindo said. “I don’t want anybody here to think we haven’t been in contact,” he continued. He expressed disbelief that the plans were not followed but that now, “…Monitor how to fix it – Snows Pond is being pumped.”
“If you create a void at one point, it’s going to draw water,” Florindo said. “I’m not green to this; I know water travels under ground.”
Florindo stated the case that new material should not be brought into the site and that existing stored soils on site are what should be used to bring the tailwater pond up to planned elevations.
“Fix the problem on your site,” demanded Florindo. “The sooner you correct this, we can plug up the leak,” he told Grady.
Florindo said that Hannula was an “honorable person” and simply wanted him to fix the problem. Florindo received a round of applause.
Herring Inspector David Watling said, “I agree with Gary,” adding, “Don’t bring the water over from Long Pond till November.” The uplands fresh water ponds of the Mattapoisett River Valley serve as spawning areas for river herring between March and November.
Fred Underhill, water commissioner and member of the Mattapoisett River Valley Water Supply Protection Committee, read from a prepared letter to the commission that also asked for the site to be repaired, noting that the fresh water supply was stressed by the dewatering activities.
Farinon thanked the residents, saying she believed the town needed the services of a hydro-geologist to ascertain what is truly going on.
Farinon asked the commission to request a $10,000 check from Decas to hire the peer review consultant. Hannula said he would call immediately to pass along the request.
The public hearing was continued until March 21.
In other business, Peter Frey received a Negative determination for his Request for Determination of Applicability application to construct an access driveway within an easement near Snipatuit Pond.
The Town of Rochester received a Negative determination to construct batting cages at Babe Ruth field.
Gary Mills received a Certificate of Compliance and an Order of Conditions for a subdivision planned near Hartley Mill Pond off Hartley Road.
The next meeting of the Rochester Conservation Commission is scheduled for March 21 at 7:00 pm, location to be announced.
By Marilou Newell