199-Unit Shingle Mill Development Faces EPA Moratorium During Sewer Board Reorganization

Key Points

  • Shingle Mill developers proposed a 199-unit connection via Wilson Street while offering $1.5 million in fees to help the town address sewer capacity.
  • Newly elected member Sean Smith joined the board as Michael Mullen and Mathew Ryan were reappointed as Chair and Vice Chair.
  • Record snowmelt and rain caused the sewer plant to average 4.13 MGD in March, leading to 14 permit exceedances despite no bacterial violations.
  • The commission granted signature authority to the new Superintendent and board members to streamline payroll and warrant processing for the next two fiscal years.
  • Officials are reviewing the development fee schedule and ADU mitigation ratios to balance infrastructure costs with housing needs.

The Shingle Mill development team returned to the Rockland Sewer Commission on Tuesday, seeking a path forward for their 199-unit apartment complex at 75-77 Pond Street while the town remains under a federal connection moratorium. Representing the project, engineer Damian Demetrich detailed plans for 315 bedrooms that would ideally connect to the municipal system via Wilson Street. While the project was previously approved for a Colby Street connection to avoid environmental zones, Demetrich noted that recent DEP guidance makes the Wilson Street route viable again. Wilson is the preferred, more logical route, Demetrich said, noting it avoids the need for a pump station. Attorney Tanya Turbison reminded the board of the project’s long history, noting that the developers are prepared to pay over $1.5 million in fees, including nearly $400,000 specifically earmarked for Inflow and Infiltration (I/I) remediation. Shingle Mill has money available and is ready to assist with I/I remediation, Turbison said. We’ve been stalled and hope to get back on track.

The presentation comes as the board undergoes its own transition following the annual town election. The commission welcomed its newest member, Sean Smith, who noted he has lived here for just under a decade and is excited to participate and help. Following Smith's introduction, the board moved to maintain its current leadership structure. Motion Made by M. Ryan to keep the board reorganization the same with Michael Mullen as Chair, Mathew Ryan as Vice Chair, and Sean Smith as Member. Motion Passed 3-0-0. Chair Michael Mullen addressed the developers' concerns regarding the ongoing EPA restrictions that have hampered new connections. One of the challenges is the interpretation of the moratorium, Mullen said. A blanket moratorium is not sustainable and doesn't allow for revenues to address I/I. He indicated the board hopes to revisit options for working with developers in the coming months.

In a move to streamline departmental finances, the board authorized new signature permissions to ensure payroll and warrants are processed without requiring a full quorum's physical presence at the plant. Motion Made by M. Ryan to authorize members of the commission, the Superintendent, or the Interim Superintendent to sign payments on behalf of the department for fiscal years 2026 and 2027. Motion Passed 3-0-0. This administrative shift coincides with the arrival of the new permanent Sewer Superintendent, Hillary Wait, who took over the role three weeks ago following a $120,000-per-year contract agreement. Interim Superintendent Dave Taylor praised the transition, stating that Hillary has been here three weeks and is exceeding all expectations. Wait reported that the town is aggressively pursuing grants and finishing design work for major plant rehabilitations, noting, We are working with counsel to talk to the EPA.

The commission also weighed updates to the development fee schedule, specifically considering how to handle Accessory Dwelling Units (ADUs). While the town recently approved a 13% sewer rate hike for residents to address a $430,000 shortfall, the commission is looking at ways to make small-scale housing more viable. Wait recommended updating the schedule based on current remediation costs, while Mullen noted he wants to be mindful of the big picture of development options before finalizing any changes. For now, the department will continue using the April 2023 fee schedule.

Operational challenges were highlighted by Plant Manager Dave, who reported that a combination of three feet of snowmelt and heavy rain in March pushed the plant well beyond its 2.5 million gallon per day (MGD) design capacity. The facility averaged 4.13 MGD during the month, resulting in 14 permit exceedances. In March, we had three feet of snow melt plus rain, the manager explained, though he noted that despite the high volume, the staff successfully treated all 128 million gallons without bypassing the plant or seeing bacterial violations. To address these stresses, the plant is moving toward 90% design completion for its $32 million overhaul, which was recently secured through the State Revolving Fund.

The board concluded the session by resolving three residential billing disputes. One request involved a Leisure Woods resident who was hospitalized while a neighbor inadvertently ran up a $428 bill trying to prevent frozen pipes. Member Mathew Ryan expressed initial skepticism, asking, How do we know they aren't lying? However, after hearing the resident had no control over the situation, the board moved to assist. Motion Made by M. Ryan to approve a $37.41 abatement for Lock Street. Motion Passed 3-0-0. Two other requests involving plumbing leaks were also granted. Motion Made by M. Ryan to approve a $152.76 abatement for Brookside Road and a $351.69 abatement for Forest Street. Motion Passed 3-0-0.