On September 11 in a rare but necessary move, the Mattapoisett Board of Selectmen appointed one of its own, Selectman Tyler Macallister, to the Mattapoisett Conservation Commission.

The commission has been struggling to make a quorum in recent months as several of the volunteers to this very busy town board have stepped down. Calls to the public for new members have gone unanswered, while the business of protecting wetlands has continued to increase. To date, the Selectmen’s Office had not received a single letter of interest.

But those concerns were put aside as Macallister stepped into the packed town hall conference room and put to good use his experience in the role of a Conservation Commission member, having served the town in this capacity between 2005 and 2011.

It didn’t take long for things to get a bit complicated and contentious, as Bruce Rocha’s two Notice Of Intent hearings got underway.

Rick Charon of Charon & Associates began the hearing by discussing fill that had been spread across the length of the long, narrow lot located on Mechanic Street but bearing a Barstow Street legal address.

He explained that due to a remapping of FEMA floodplains, the planned single-family dwelling would have to be raised about 16 feet to meet the agency’s regulations. There ensued a nearly hour-long and at times combative exchange between abutters and commissioners over the issue of clean fill and volume of fill.

Charon explained that when Rocha purchased the former site of the well-known Presto Press, FEMA maps had not included it in the floodplain, therefore allowing Rocha to file an application for a Special Permit with the Zoning Board of Appeals versus first clearing the project through the Conservation Commission. That application was approved. Now that the property fell under the jurisdiction of the ConCom, Rocha needed to modify plans to meet FEMA regulations, hence the necessity to built-up the site.

Charon said, “Currently there is too much fill on the site. Fill will be removed.” He also explained that FEMA allowed the process of building up house lots and that the home would not have a basement but a crawl space only.

Conservation Commission Chairman Mike King advised everyone that the Massachusetts Department of Environmental Protection had submitted their review with “no comments” on the project because there was an absence of any wetlands on or near the site.

But abutters held concerns over whether or not Rocha had had a permit for the filling operation, the quality of the fill, and concerns over stormwater management.

Mark Pelson, 11 Barstow Street, suggested the Town should walk the site to inspect the fill for impurities, as well as the grade of the property he alleges is higher than abutting properties.

Charon responded, “There are no wetlands, so erosion controls are not required. The fill will be reduced in elevation and the fill will be cleaned.”

The debate continued as abutters questioned the sequencing of Rocha’s applications to the ZBA and ConCom, and whether or not the fill was contaminated.

Matt Michaud, 30 Church Street, spoke at length about alleged asphalt chunks in the fill, and how he is concerned about any health hazards it could cause. Michaud said water running off the site could contaminate his lot, and cautioned the Town that it could be held liable should the project go forward, and that he had enlisted the services of an attorney.

In his defense, Rocha said, “When I bought the property, it was not in the floodplain … it didn’t come up, that’s why I went to the ZBA first.”

Macallister responded, “The permit issued by the ZBA for the lot was when it was not in the floodplain,” but now, “…we’ve got to deal with the proper guidelines.”

In an effort to bring some clarity to the process at hand, Macallister said the first thing that needed to be determined was the issue of stormwater. But he also made it clear to the group that, “He (Rocha) has a right to build a home. It’s going to take some effort.”

King said, “We aren’t going to allow a project to go forward that negatively impacts others.”

The hearing was continued with Charon charged with returning on September 25 with information on surrounding lot elevations and plan modifications that detailed grass swales around the property.

Macallister warned the abutters, saying, “I’ll be very surprised if DEP says the soils are contaminated.” He shared that the DEP considers fill to be clean, even when containing asphalt tailings. He said he would call the DEP the following day and have a conversation, but that he would not be opening up an investigation.

When the next hearing got underway for Rocha’s NOI filing for the adjacent lot, 16 Barstow Street, it was quickly reviewed and then continued for the same reasons, although that parcel had received clearance from FEMA with a “letter of map approval” granting Rocha a type of waiver with the inclusion of 200 yards of fill. This application was also continued until September 25.

In other matters, Jeffrey Hutton, 7 Kings Philip Road, saw his NOI filing continued until September 25 to give engineer Richard Riccio of Field Engineering the opportunity to rework proposed grading on the site.

The Town of Mattapoisett’s Request for Determination of Applicability received a Negative Determination for roadwork on Aucoot Road involving hot mix overlay for approximately 12,200 linear feet.

Jessie Davidson, 22 Pine Island Road, received an amended Order of Conditions for slight plan of record modifications for grading associated with new home construction.

The next meeting of the Mattapoisett Conservation Commission is scheduled for September 25 at 6:30 pm in the town hall conference room.

Mattapoisett Conservation Commission

By Marilou Newell

There are 301 town clerks in the state of Massachusetts, but only half of those ever achieve certification from the Massachusetts Town Clerks’ Association. Mattapoisett’s town clerk Catherine Heuberger was recognized by the selectmen during the September 12 meeting for her achievement in securing Certified Massachusetts Municipal Clerk designation.

According to a press release from the MTCA “…designation is achieved by attending MTCA educational courses and passing a two hundred and fifty question aptitude test measuring … knowledge of Massachusetts General Laws … in categories such as elections and procedures, vital records, campaign and political finance, town meetings … ethics and public records.”

Sitting before the selectmen, Heuberger said, “I’d like to thank my staff and the town for their support.” She has also earned the International Institute of Municipal Clerks certification.

Selectman Jordan Collyer said, “This is what we set out to do,” when the town began supporting additional spending for continuing education programs for town employees.

Selectman Paul Silva added, “Everyone thinks about the paycheck, but this is a big benefit,” referring to educational opportunities.

Also being recognized was Mary Magee who has been a library trustee for many years. Flanked by Susan Pizzolato and members of the Board of Trustees, Magee was lauded for her dedication and hard work, including during the years of planning and construction of the library building.

The selectmen also had the honor of appointing new volunteers to several boards and commissions. Michael Ward became an associate member of the Board of Appeals, Dennis Perry was appointed to the Finance Committee, Alexandra Murphy as an alternate to the Historical Commission, and William Hall to the Recreation Committee and as the representative to the Community Preservation Committee.

Town Administrator Mike Gagne also asked the board to appoint Bob Teixeira and Bonne DeSousa to the Bike and Pedestrian Committee.

The selectmen also discussed the pressing need for volunteers on the Conservation Commission. Gagne said that of all the boards in town, the Conservation Commission has the heaviest agendas.

“Due to the threat of cancellation for a lack of quorum, I called a forty-eight hour public noticed meeting.” That 7:00 am meeting was held on September 11 at which time the selectmen appointed Tyler Macallister as an interim commissioner. “He has the experience and the education,” Gagne said.

The selectmen once again urged anyone who is interested in learning more about the duties and responsibilities of the conservation commission and in being considered for one of the three open chairs to submit a letter of interest to their office.

Coming before the board to discuss a Veterans’ Day Road Race was two-time Boston Marathon winner Geoff Smith. Smith was also an Olympian for Great Britain. Smith described the event as two races: a 5K and a 10-mile race. He said the courses would wind through village streets and into the beach community of Angelica Point. Gagne said that during his discussions with Smith and Tri-Town Veterans Agent Barry Denham, the idea of commemorating the races in honor of past and present servicemen and women was conceived. Gagne said that there would be an opportunity to donate a portion of the race proceeds to the Tri-Town Veterans Agency. The race is scheduled for November 11 at 9:00 am and interested runners may visit www.racewire.com for further details.

Gagne also brought the board up-to-date on meetings with residents in the village for future roadway and sidewalk improvements. “There have been five meeting so far and we plan two walking tours to get more information on areas of specific concern or interest.” He said those walking tours would take place on September 20 and 22 with the engineers from VBS and that more details of time and meeting place would be available at www.mattapoisett.net.

The selectmen also issued a Class II Used Motor Vehicle Dealer’s License to David Nicolosi to operate a commercial vehicle sales business from the parking lot of Mahoney’s Lumber Company.

Gagne announced that free flu shots would be available to Mattapoisett residents who are 18 years of age and older on Thursday, October 12 from 9:00 am to 3:00 pm in the Southcoast Health van that will be parked in the Bowl-Mor parking lot.

In the audience for the evening’s proceedings were Boy Scouts from Troop 53. Scouts Murray Copps, Andrew Poulin, and Torsten Brickley took notes and were quizzed by Selectman Jordan Collyer at the end of the meeting as to what they had learned. The Scouts were able to correctly identify the town’s business the selectmen had handled.

The next meeting of the Mattapoisett Board of Selectmen in scheduled for September 26 at 6:30 pm in the town hall conference room.

Mattapoisett Board of Selectmen

By Marilou Newell