Town Flexes Muscle Over Speed Limits and Home Rule

During the September 10 meeting of the Mattapoisett Board of Selectmen, several matters related to public safety, and at least one impacting historical preservation were addressed.

            Since the construction of a solar array field off Crystal Springs Road began several years ago, residents living near the historic stone bridge spanning River Road started sounding the alarm that large tractor trailers were damaging the walls of the bridge, slowly chipping away at a piece of Mattapoisett history.

            After a year that saw the town’s Historical Commission and neighbors in the area lobbying Town Hall to limit travel across the bridge, a concept embraced by the board, the selectmen signed a letter that will ultimately place a weight restriction on the bridge. That letter confirms to the Massachusetts Department of Transportation that the town wishes to limit heavy trucks from using the one-way bridge.

            An August 26 letter from MassDOT reads in part, “…[We are] in agreement with the town regarding approval of a 24-hour heavy commercial vehicle exemption.” Vehicles 2.5 tons and greater will no longer be allowed to use the route across the Mattapoisett River including River Road to Crystal Spring Road, “…due to the geometric restrictions and safety concerns…”

            The selectmen voted to express their acceptance of MassDOT’s decision. Signage will be posted at the intersection of Route 6 and River Road, as well as at the intersection of Acushnet Road and Crystal Springs Road.

            In other matters related to traffic movement, Highway Superintendent Barry Denham presented the board with an inventory of all stop signs in the town. Town Administrator Michael Gagne said, about every ten years, cities and towns need to review stop sign inventory lists and move to accept them in order to make violations defendable should the stop be challenged in court. The selectmen accepted the inventory as presented.

            But that wasn’t all. The selectmen also made a motion to have all non-posted streets designated with a maximum speed limit of 25 miles per hour. Police Chief Mary Lyons was on hand and concurred that posting the 25-miles-per-hour speed limit would help. Signs, if approved, would be posted at the eight entrances to the town and would read: “Thickly settled, Speed Limit 25 citywide, unless otherwise posted.” A letter will be sent to MassDOT requesting approval and acknowledging the town’s desire to move quickly in this matter.

            Selectman Tyler Macallister also expressed his concern about cars parked illegally along Mattapoisett Neck Road where the bike path crosses the roadway. He asked Chief Lyons to increase patrols along that stretch and begin towing away violators.

            There was preliminary discussion with Lyons regarding the possibility of adding a four-way stop at the intersection of Pine Island Road, Church Street extension, and Old Main Road, a move that many in the area believe would make the intersection safer as part of a large roadway project planned for the village.

            Coming before the selectmen regarding a Home Rule Petition draft was Kathleen Costello, administrator of assessing, and Attorney Matthew Thomas. Costello said that for several years, assessors across the Commonwealth had been attempting to get legislation approved that would close a loophole in alternative energy regulations. As the laws currently stand, she said, cities and towns cannot impose personal property taxes or payment in lieu of taxes (PILOT) programs on businesses setting up alternative energy operations.

            After discussions that touched on Mattapoisett’s potential to see more large-scale solar array projects coming to the community with the closure of Brayton Point Power Station and Pilgrim Power, Costello and Thomas presented the board with a draft for a home rule petition that would require commercial energy producers to make a decision – either engage in a PILOT program with the town, or pay personal property taxes on the equipment.

            Companies producing 1.25 times more energy than they need for their use would fall into the category of a commercial producer, as would those businesses constructing alternative energy facilities for the sole purpose of selling energy credits to a utility. This law would not impact homeowners and businesses using alternative energy for personal use.

            Costello said that the home rule would “minimize legal action that might come to the town.” The selectmen voted to place the home rule petition on the warrant for the fall special town meeting scheduled for October 21 at 6:00 pm in the Old Rochester Regional High School auditorium. If this is accepted at town meeting, Mattapoisett would be the first town in the Commonwealth to enact such a ruling, Costello said.

            Also coming before the selectmen to receive final approval of his application for the transfer of a permit for a portion of the town’s 100-acre shellfish propagation area off Brandt Island was Dr. Dale Leavitt of Blue Stream Shellfish, LLC. The company would assist the town in clean up of the entire site previously held by Taylor Seafood, and Dr. Leavitt would continue to contribute his vast knowledge in the field of shellfish farming to the town and its shellfish operations. Furthermore, in addition to the $1,000 per-acre bond, Blue Stream would also be assessed $200 per acre to cover municipal oversight. The selectmen voted to approve Blue Stream’s 10-acre permit. Blue Stream may ask for additional acreage in the future if the first year is successful and the town is satisfied with the operation.

            Leavitt said that the first year would be one of study to evaluate growth potentials for both oysters and kelp, which the company also plans to farm.

            On the subject of family quahog permits, Selectman Jordan Collyer said that anyone taking shellfish from Mattapoisett should be required to use a container that measures the catch accurately. Gagne had said that shellfish wardens were concerned that people were using everything from “plastic bags to pillowcases”, which made measuring the haul impossible. Macallister said one peck per family was allowed. Edits will be made to the Shellfish Rules and Regulations requiring a measuring device be used by all license holders. Collyer agreed, adding, “The wardens should deal with anyone not complying.”

            Wrapping up the meeting, Gagne said that a Tri-Town Selectmen’s meeting was planned for October 24 at 7:00 pm in the ORR Junior High School media room.

            Free flu vaccinations will be available to all adults over the age of 18 on October 10 from 9:00 – 3:00 pm at the Southcoast Wellness Van, which will be parked at 22 County Road adjacent to Ying Dynasty.

            The next meeting of the Mattapoisett Board of Selectmen is scheduled for September 24 at 6:30 pm in the Town Hall conference room.

Mattapoisett Board of Selectmen

By Marilou Newell

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