Mattapoisett Town Administrator Michael Gagne told the Mattapoisett Board of Selectmen during its November 24 meeting that after receiving a press release from the Police Department and having had a follow-up conversation with Police Chief Mary Lyons, he feels there are concerning safety issues at the Hillside Motel located on Route 6.

In order to hold a lodging license in Massachusetts, according to Gagne, a business must pass Fire Department, Board of Health, Police, and Building Department reviews. With this is mind, Gagne reported that plans are forming for a “top to bottom” review of the business to ensure the community is being properly protected in what he termed a “responsibility.”

Gagne said he and selectmen would meet with town counsel in executive session to discuss the matter.

In other business, Gagne was please to announce that the energy aggregation program is ready and that residents will be receiving literature in the next couple of weeks.

He also said that the City of New Bedford, one of the communities participating along with Mattapoisett and many others, is producing a public service announcement video. The video will provide residents with information needed to make an informed decision to either participate in the program or opt-out.

“It was announced that this aggregation is the third largest in the U.S. for municipalities,” Gagne said. He gave special thanks to Representative William Straus for assisting in expediting the hearing process at the state level and noted that it was one of the fastest approvals of late.

The aggregated two-year set rate for kilowatt-hour will be 9.5 cents.

Selectman Tyler Macallister said, “Last February, Eversource was at 15.4 cents and will probably go up again…. This is a dynamite rate.” He added that, with the closure of the Pilgrim power plant, more stress would be placed on local energy sources. “This is a good move,” he concluded.

Gagne was also happy to report that culvert work on Acushnet Road, although not complete, was at the point where last Friday the road was finally opened to traffic after more than a year. “What no fireworks, no marching bands?” laughed Selectman Jordan Collyer.

Moving through the agenda, Collyer introduced new hire Christine Richards to the residents. Richards will be working part-time in the Selectmen’s Office.

The selectmen also recognized resident Laurie Nunes for her artwork that was selected for the new ‘Right to Farm’ signage being posted throughout the community. The sign depicts a bucolic farm scene with a rising silo and barn in the background and tractor in the foreground. Gagne and the selectmen discussed submitting her design to the Massachusetts Municipal Association for further consideration of recognition.

The selectmen voted to appoint Diane Tsitsos to the Tree Committee and Chapman Dickerson to the Agricultural Commission.

The next meeting of the Mattapoisett Board of Selectmen is scheduled for December 15 at 7:00 pm in the Mattapoisett Town Hall conference room.

By Marilou Newell

Amending the Limited Commercial District zoning bylaws won’t protect the town from any perceived negative impacts of the large-scale solar installation proposed for the historic center, but as Planning Board Chairman Arnold Johnson pointed out on November 24, better safe than sorry – better too late than never.

The Planning Board had recently forwarded three draft zoning bylaw amendments – two pertaining to solar farms within the Limited Commercial District – to the Board of Selectmen to approve the language, which they did the previous night and which they then sent back to the Planning Board to hold a public hearing.

The first amended bylaw pertains to the perimeter vegetative boundary of projects proposed within the Limited Commercial District. New language, which was once proposed for the bylaw earlier in the year but then removed, was inserted to require a wall or fence for screening of no fewer than 6 feet in height. The bylaw currently only requires the presence of four-season evergreens for screening. Johnson said applicants could request a waiver from this wall/fence requirement for smaller-scale, simpler projects.

“It probably would have saved us a little bit of aggravation if that had been in there,” said Johnson, relative to the proposed solar energy installation. “Even if we put it back, it’s not gonna help us with that one.”

The second bylaw pertaining to large-scale solar installations adds language under landscaping to minimize the number of removed trees of a 12-inch caliber or greater. While crafting the original bylaw, Johnson said, the subcommittee figured it was senseless to address this and make the applicant flag all 12-inch caliber trees on the site when the majority of trees would be clear-cut to accommodate the solar arrays anyway.

“However,” said Johnson, “going through our first one (solar installation) under our solar bylaw … something like this might help us – maintaining a vegetative perimeter boundary.”

Although trees in the middle of the site would be removed, Johnson said this bylaw could have protected more of the trees along the perimeter.

“Again, we’re looking down the road,” said Johnson.

The third bylaw pertains to signage, and simplifies sign regulations by compiling them all into one concise location.

The board voted to accept the language of all three bylaws and voted to recommend adoption at the next Town Meeting.

Also during the meeting, the board opened and closed the site plan review public hearing for the installation of four co-location wireless communications antennas on the existing monopole cellular tower off Cranberry Highway, filed by Bell Atlantic Mobile.

The board granted several waivers requested by Verizon representative Victor Manougian, and asked minimal question on the project that Johnson called “pretty benign.”

The project also includes a pre-fabricated 11 foot 6 inch by 26 foot equipment shelter and the extension of a chain link fence.

The board will draft a decision and vote on the project at the next meeting.

The next scheduled meeting of the Rochester Planning Board will be December 8 at 6:30 pm at the Rochester Senior Center located on Dexter Lane.

By Jean Perry

For several months, the Mattapoisett Conservation Commission has attempted to find a way to control unauthorized water taking from the Mattapoisett River by local landscaper Yard Boss. During the November 23 meeting, the commission invited both Vincent Furtado, Department of Public Works superintendent of the Town of Fairhaven, and Yard Boss owner Todd Rodrigues to discuss the matter.

Conservation Commission Chairman Bob Rogers asked Furtado to come forward and explain his attendance at the meeting. Furtado said that in 2014, his office received notification that Rodrigues was drawing water from the Mattapoisett River at the station located on River Road, a property owned by the Town of Fairhaven. He said letters were sent from his office and also from an attorney working with the Mattapoisett River Valley Water Protection Advisory Committee asking Rodrigues to cease taking water. Yard Boss never responded.

According to Furtado, Rochester eventually got Rodrigues to file for a permit to take water from Snipatuit Pond and Wolf Island Road after he was found taking water at those locations.

Furtado said the actions of Rodrigues had been the impetus for the MRVWPAC’s writing water protection bylaws that will be presented at town meetings in 2016 at the four towns affected: Fairhaven, Mattapoisett, Marion, and Rochester.

“There is nothing we can do but ask for your help,” Furtado told Rogers, “…maybe install a sign ‘no water withdrawal.’”

Rogers then invited Rodrigues to join them at the conference table. Rogers started the conversation by saying, “You have a relationship with The Bay Club. They have a water reservoir that is non-jurisdictional; with their permission, you can draw water there.”

Rodrigues was then offered an opportunity to explain his actions. He told the commissioners that 10 years ago he had received verbal approval from Carlos Nicolosi, a previous Conservation Commission chairman.

“He said he didn’t have a problem with it expect during herring season,” Rodrigues claimed. He also said that he eventually received a permit from Rochester.

To further demonstrate his due diligence, Rodrigues said he had been in contact with the Mattapoisett Police Department, the local environmental police, and the Department of Environmental Protection. He claimed that the DEP had no problem with his equipment or the water withdrawals.

“I received verbal approval,” said Rodrigues. “We are not doing any harm to the environment. We are doing nothing wrong!”

Rodrigues then criticized what he dubbed “an unprofessional approach” by the commissioners saying, “When do we communicate through The Wanderer? You have crossed the line.” He told Rogers, “Your lack of research is appalling!”

Rogers responded, “Every place that you withdraw water you need a permit.” He told Rodrigues that a permit could be issued if the landowner gave permission and the town issued a permit.

Rodrigues continued to defend himself.

“Your previous board allowed it, a verbal permission,” stated Rodrigues. “Don’t paint me as the bad guy.”

Rogers reiterated, “You don’t have permission of the landowner and you don’t have a permit.”

Rodrigues then took umbrage to Rogers having called Rodrigues “shameless” during a previous meeting, so much so that Rodrigues angrily told him, “You are going to see shameless, Bob!” Then he exited the meeting.

Rogers thanked Furtado for attending the meeting before moving on through the agenda.

Other business handled was the approval of four Requests for Determination of Applicability. Those were granted to Brian Martin, 16 Oliver Street, to replace a deck; Andrew Perkins, 11 King Phillips Road, to replace a concrete foundation; Walter and Linda Truax, 23 Angelica Avenue, for the construction of a shed; and Prentiss and Mary Higgins, 7 Shipyard Lane, for an addition to an existing garage. An application from William Farran, Angelica Avenue, also for a RDA, was continued to give the applicant additional time to gather environmental details.

Conrad and Janice Roy, 56 Ocean Drive, were issued an after-the-fact Notice of Intent for a piling they installed for a beach pulley system for their watercraft.

Certificates of Compliance were issued to Margot Kalkanis, 12 West Hill Road; Liam McBrien, 7 Bay View Road; and Myron and Marilyn Mazer, 7 Holly Woods Road.

Conservation Agent Liz Leidhold shared during her report that Leisure Shores Marina had completed the replacement of floats in compliance with the commission request.

Commissioner Peter Newton said, “I am very pleased how they ultimately responded.” Leidhold said the DEP was working with the marina on marshland clean up which is ongoing.

On a lighter note, the commission agreed to let the selectmen know they were in favor of accepting a land gift from Jeanne Downey for property located off Mattapoisett Neck Road near the entrance to the bike path.

The next meeting of the Mattapoisett Conservation Commission is scheduled for December 14 at 6:30 pm in the Mattapoisett Town Hall conference room.

By Marilou Newell

Rochester Fire Chief Scott Weigel presented the town’s new ladder truck to the Board of Selectmen on November 23, nearly two years after Town Meeting approved the appropriation of $75,000 to buy the used engine.

Weigel said he had had his eye on this particular truck for some time, waiting for a chance to make a bid to purchase it at a cost of $85,000, with $10,000 coming from a separate fund.

The chief had to travel to New York to retrieve the truck, which has 21,000 miles on it, 795 hours of usage, and 300 hours of pump usage time.

“The truck is in beautiful shape,” said Weigel. “It’s like brand new. The truck is immaculate.”

Weigel said he just wanted selectmen to have a first look at what the town spent its money on, and he lauded the town for its success in acquiring the shiny yellow engine.

“The color is going to stay like it is,” said Weigel. “There’s no money in the budget to make it red.”

Selectmen stepped outside to view the truck and gave it a nod.

“Do we think Santa will be able to fit into it?” asked Selectman Naida Parker.

Definitely, replied Weigel.

Also during the meeting, the board appointed Carey Humphrey to the Old Rochester Regional School Committee to fill the seat of former Chairman Jim O’Brien. O’ Brien resigned after accepting a superintendent position in New Bedford.

Planning Board Chairman Arnold Johnson was present when selectmen approved the proposed zoning bylaw changes submitted by the Planning Board. The zoning bylaws now go back to the Planning Board, which was scheduled to hold its public hearing on the matter the following evening.

The town accepted a grant for $42,000 to purchase land in the Haskell Woods area of town. Conservation Agent Laurell Farinon said the land purchase would provide access to existing trails, linking them to surrounding acreage already owned by the Town and the Rochester Land Trust.

Farinon also informed the board that she would be attending a meeting with the Federal Emergency Management Agency to discuss eventual updates to the Cape Cod Watershed FEMA maps. FEMA, said Farinon, is reviewing the maps for accuracy and the Town has been invited to provide input on areas that might be incorrectly labeled as flood plains, or areas that should be designated as flood plains but presently are not.

Town Administrator Michael McCue reported that this has been the best year so far in a long time for tax collection, with $5.5 million of the $5.6 million in tax payments collected before deadline.

“It does wonders for our cash flow,” McCue said. He thanks the Board of Assessors, town staff, and the townspeople for making it happen.

At the end of the meeting, resident Greenwood “Woody” Hartley criticized the board for its handling of the Annual Town Meeting quorum quandary. He said he had hoped those responsible would “fess up” already so the town could move forward.

“It’s being solved the way we are being advised to solve it,” Selectman Brad Morse told him.

The next meeting of the Rochester Board of Selectmen is scheduled for December 7 at 6:30 pm at the Rochester Town Hall.

By Jean Perry