Before he presented on behalf of Edgewood Development Company, LLC, environmental engineer Brisco Lang of Pare Corporation told the Rochester Conservation Commission, “You guys have a lot of guts for pulling this off. It’s gone a lot more smoothly than I would have expected.”
Lang was referring to the holding of a remote access public meeting with the complications of outside participation and, by extension, the public hearings that were to come later in the evening of Concom’s April 9 meeting via Zoom video conferencing.
Mattapoisett has also taken the step of holding remote public hearings; Marion has held several remote public meetings but, on the advice of its town counsel, has not held public hearings in hopes that any such cases can be continued, extended or otherwise put off until people can once again meet safely inside public buildings.
“The smoothness of the meeting is a testament to the good work of the chair, Michael Conway, and a testament of the preparation by commission members. We have an outstanding commission,” Laurell Farinon, Rochester’s environmental planner and conservation agent, told The Wanderer on Monday.
Farinon pointed to Vice Chairman Dan Gagne (professional engineer), Maggie Payne (soil scientist) and Kevin Thompson (former IT professional at Hewlett Packard) as examples of the talent on the Rochester Concom.
She considered it “fair” that ConCom concluded the lengthy Thursday night meeting with a decision to refrain from closing on large projects while, at the same time, hearing those cases and allowing the smaller, primarily residential ones to achieve expedient conclusions.
Given the length of the April 9 meeting, the discussion at its conclusion was substantial as ConCom assessed the format. Thompson was viewing from home on a large monitor and said presentations necessitate full color with large graphics. Bailey suggested a direct mailing of hard-copy presentations to ConCom members’ homes for their review before meetings. The members accepted the idea.
Gagne suggested that larger projects not put on a full presentation online but send a brief update that will allow Concom to become acquainted with a project before a full-blown presentation is made online. Conway suggested peer review before ConCom discussion, and Farinon suggested site visits in advance of meetings.
Over the course of three hours on April 9, two public hearings were heard and continued to ConCom’s next scheduled meeting on April 21.
The Massachusetts Bay Transportation Authority filed a Notice of Intent seeking to install security fencing around its facility at 45 Kings Highway and restore the 100-foot buffer zone to bordering wetlands per ConCom’s February 4 enforcement order. Prior violations had led to an involuntary shutdown of the construction.
Holly Palmgren, representing the MBTA, opened with an apology. “This is not typically how the MBTA does business,” she told the commission before describing the requested work to include hydro-mulch and the addition of erosion controls.
Jessica Rebholz, an environmental scientist representing Jacobs Engineering Group, proposed a row of arborvitaes among a mix of three kinds of shrubs, an inclusion that was advised against by ConCom member Lena Bourque because of their attraction to deer. ConCom wants to see more sustainable shrubs and more than the 36 trees proposed.
Palmgren cited issues with vandalism and security in the placement of fencing differently than originally proposed. Gagne cited that the proposed fencing was only a few feet off the wetland line. The MBTA says it complies with the state Wetlands Act.
Town Counsel Blair Bailey confirmed that the MBTA is not subject to local wetlands restrictions in general and acknowledged its need to secure the chosen position for security reasons. He said ConCom would have to go to litigation to take the matter further.
A motion to continue the case to April 21 passed.
Continued from February 18, Pedro Rodriguez of Connecticut-based Solar MA Project Management LLC was represented by Austin Turner, who visually presented Rodriguez’s efforts to comply with requested improvements on his solar array along Walnut Plain Road and Old Middleboro Road. Those improvements mainly demonstrated the refinement and addition of runoff basins, along with other infrastructural projects.
“We’ve come a long way on this project. Everyone’s been working hard,” said Farinon in the meeting.
There was still tweaking to be done in the final presentation. Having “learned the hard way,” ConCom said it could not ask for an amended plan in its final conditions but voted to continue the hearing to April 21.
When requested to provide an additional $1,000 in fees, the balance of which would be returned with interest, Rodriguez said, “Happy to do that.”
At the conclusion, Conway said, “Thank you, Mr. Turner. Nice presentation.”
Before the MBTA case was heard, the Conservation Commission issued negative determinations of applicability per Farinon’s recommendation on three requests, allowing those projects to move forward.
The first of these was from the town itself for the dense gravel it intends to use to regrade and resurface the eroding boat-access path to Leonard’s Pond. When finished, a regrading, crowning and resurfacing of the pathway will allow damp areas to maintain cohesion and its high-ground portion of loose stone-dust stability.
Other work at the site includes the addition of a proposed water bar, the replacement of a large boulder with two smaller ones and a removable bollard for emergency access.
The second negative determination of applicability was issued to an RDA filed by Jill Taylor for an emergency upgrade to a failed Title 5 sewage-disposal system at 200 Mattapoisett Road.
Brian Grady of GAF Engineering called it a “simple septic-system upgrade” and said the job should take about a week to complete. The existing 1,500-gallon tank will continue being used and will be pumped as needed.
Farinon noted that the leaching area is in the same location as the existing one, reviewed the wetland line and said this project is “making a bad situation much better with Title 5,” recommending the board’s negative determination that allowed the project to go forward.
The third RDA, filed by property owners Richard and Lynn Amicucci for installation of a 28×45-foot, private, ground-mounted solar array in the backyard at 79 Haskell Ridge Road, resulted in more questions from the commission but was approved nonetheless.
Gagne asked how many trees were inside the 25-foot buffer zone. Brian Butler, who presented the project, said that none were and further explained to Gagne’s satisfaction.
Noting that the project encroached 35 feet into the 100-foot buffer zone, Conway asked why not move the array to the front yard. Butler cited practicality and aesthetics, and engineer Matthew Sly said alternative locations would have caused greater complication with tree removal and a front-yard septic system.
“We chose the back yard for minimal environmental invasion. It just made more sense,” he said.
Farinon asked Butler about tree stumps, and Butler said trees would be cut flush to the ground with the biomass remaining off to the side where it would naturally deteriorate.
Farinon was pleased upon her site visit to see the trees were all marked. She also stated that an adjacent stream was not flowing and is thereby confirmed the commission’s determination from years ago that the stream should be categorized as intermittent.
The commission’s negative determination was issued with the stipulation of a pre-construction meeting before work begins.
Edgewood Development Company, LLC was issued a Partial Certificate of Compliance for work the company has completed off of Forbes Road and Douglas Corner Road, along with related public improvements in its Connet Woods Development.
The development has 93 lots that have been sold or are under agreement, and another 13 that are for sale.
Edgewood sought a partial certificate of compliance for its turtle fencing, and company representative Steve Meltzer explained how changes in stormwater basins were made in conformance with changes in the field and with the Planning Board and are not in ConCom’s jurisdiction. Edgewood did not ask for a certificate of compliance on wetlands at this time.
Meltzer explained that Edgewood retains open parcels until they are transferred to the town.
Farinon told ConCom she walked the area a couple of times at least, walked the basins, the southern and northern extremities and found everything to be satisfactory and well stabilized.
Rochester Conservation Commission
By Mick Colageo