Marion to Move Forward on Water Works without NOI

            Matthew Morganelli came before the Rochester Conservation Commission on November 17 representing the Town of Marion’s proposed upgrade of Water Treatment Chemical feed buildings. The proposed work would see the demolition of two existing buildings that have previously treated water from three surrounding wells. In their place, a single facility will be constructed to feed water treatment chemicals and draw water from three wells in the area that are currently offline.

            Morganelli came before the commission seeking a Request for Determination of Applicability to determine if a formal Notice of Intent application would be necessary for the project moving forward. According to Morganelli, the majority of work planned will take place outside of the 100-foot buffer zone to an adjacent wetland. Morganelli also explained that all of the proposed work would take place on an existing gravel road at the site. As the proposed work is taking place in a previously developed area, Morganelli argued that it should be exempt from a formal filing.

            The site will pump 400 gallons of water per minute from the surrounding wells, and chemicals will be mixed in to treat the water. Conservation Commission Chairman Michael Conway expressed concerns about potential leaks from the site that could spread chemicals to surrounding wetlands. Morganelli explained that leaks were atypical. Because the mixing of chemicals occurs inside the treatment building, any leak would be contained inside the site.

            Commission member Lena Bourque also explained that the pumping of water from these wells could pose a risk to the surrounding wetlands considering the recent droughts. The pumping of water is cause for concern, but Morganelli told commission members that sufficient testing had been conducted to ensure there will not be any detrimental impact on the surrounding area. This is mostly due to the low rate at which water will ultimately be drawn from the site.

            Conservation Agent Laurell Farinon explained that, even with concerns about the installation of the new facility, the commission only has jurisdiction on work done inside protected areas, which in this case is very limited. The Conservation Commission voted to issue a negative determination of applicability for the project, allowing it to move forward without a formal Notice of Intent application.

            The commission moved onto a continued discussion for a new application for tree removal projects in the town. The discussion began after the commission received numerous RDA applications related to minor tree-removal projects. Town Counsel Blair Bailey drafted an application for tree removal to authorize Farinon to independently review tree-removal applications. The hope is that this application will save time for commission members and residents alike.

            Vice-Chair Daniel Gagne was not wholly convinced of the proposal. For Gagne, the new application was simply a new form that is already covered by the RDA application process. Further, Gagne told commission members that the tree-removal application could be a new way to bypass commission regulations.

            Bailey explained that, without this application, residents would simply go forward with tree removal without any oversight from the commission. It would be a case of more applications coming before the commission for forgiveness for work already done rather than for permission to complete the work in the first place.

            The Rochester Conservation Commission voted to approve the use of the new tree-removal application for a one-year trial period, with Gagne as the sole ‘no’ vote on the decision.

            The next Rochester Conservation Commission meeting will be held remotely via Zoom on December 1 at 7:00 pm.

Rochester Conservation Commission

By Matthew Donato

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