Needing more clarity on the process for sponsoring bylaw changes, Mattapoisett Board of Selectmen Chairman Paul Silva has asked Town Administrator Michael Gagne to look into processes followed in other towns. Gagne has just begun that research, prompting Silva to say they were not yet prepared to have a discussion on this matter.

Planning Board member Bonne DeSousa asked the selectmen if a joint meeting between the BOS and Planning Board could be held so that residents could have all the prime movers together to facilitate better communication and understanding. She was told that the agenda item “Sponsorship General Bylaw Amendment discussion” was not related to specific bylaw changes.

Recently, three bylaw changes were placed on the Fall Special Town Meeting warrant, which fueled questions from residents as to how these were presented to the voters who and by whom.

During several months of public meetings and hearings between Brad Saunders of D + E Management LLC – a Bay Club Partner – and the Planning Board, Saunders sought and received permission from the board to submit bylaw changes. Planning Board Chairman Tom Tucker stated on more than one occasion that the Planning Board was not sponsoring the changes, but was merely the vehicle by which the proposed changes would be included on the warrant.

The changes Saunders brought to the voters were indefinitely postponed from the Town Meeting floor by motions from DeSousa, who was supported by the voters. Thus, the zoning bylaws were not changed.

Also during the meeting, Treasurer Brenda Herbeck and Town Clerk Catherine Heuberger met with the selectmen to present short-term bonds amounting to $600,000 for various projects that required their signatures. The money will be used to fund sewer work on Cove Street, Phase IV road repairs, and wastewater treatment increases.

Gagne gave an update on the repair work about to take place on Acushnet Road at Tinkham Pond. He referred to the collapsing bridge at this juncture as a “stone-resting pier” built in the 1800s of granite, most likely quarried in Mattapoisett. He said the work would take about three weeks. Presently the road is closed.

The selectmen voted to pass on the right of first refusal for a parcel of land off Crystal Spring Road. Gagne said Blue Wave LLC would lease the parcel for the next two decades as part of the solar farm project in that area.

Gagne also reported that a low bidder with good credentials has come forward for the completion of work on the Town’s beach house. The selectmen approved the bid, awarding it to AAA Royal Construction of Braintree in the amount of $63,000. Work is expected to begin immediately.

On hand watching the civic proceedings were two local Boy Scouts, Zech Mooney and Freemin Bauer. The Scouts are working towards their Eagle badges. The badges they are currently working on are community service. Selectman Jordan Collyer recognized their hard work and commitment, prompting those in attendance to applaud their efforts.

Announcements included: Annual Halloween Parade on October 31 at 6:00 pm stepping off from Center School; Town Hall closing on Tuesday, November 11 in observation of Veteran’s Day; November 4 elections with polls open from 7:00 am to 8:00 pm at Old Hammondtown School; and the first Winter Farmers’ Market beginning November 8 from 10:00 am to 1:00 pm and continuing throughout the winter on the second Saturday of each month.

The next meeting of the Mattapoisett Board of Selectmen is scheduled for November 25 at 7:00 pm in the Town Hall conference room.

By Marilou Newell

The first piece of business the Mattapoisett Conservation Commission handled was voting for the appointment of Robert “Bob” Rogers as chairman to replace Peter Newton for the coming year. Newton had announced the necessity of his stepping down as chair at a previous meeting and asked the commission to select another member for the post. Rogers said he would be happy to fill the role, thanking Newton for his service and offering good wishes during his leave of absence.

Moving on to other business matters, Conservation Agent Elizabeth Leidhold announced that a grant in the amount of $240,000 had been received from the National Park Service. This grant will help offset the purchase price for a 16-acre parcel along the Mattapoisett Riverfront. The conservation of these lands will help keep local waters clean.

Robert Field of Field Engineering came before the commission to receive an emergency certification for culvert work needed on Acushnet Road at Tinkham Pond. Several large granite supports have been dislodged, requiring the Town to close the road in this area. After Field detailed the work to take place, the commission voted to approve the work. Work will commence immediately and be completed on or about November 8.

Al Loomis of McKenzie Engineering asked the commission to approve a small modification to culvert and bridge construction at Brandt Point Village. The request was precipitated by a problem sourcing precast structural members in the size originally specified. Rogers felt the change was very minor and asked the commission for a motion to approve. The plan was approved and changes noted for the permanent record.

A Request for Determination filed by Rocco and Brenda Francoise, 1 Harbor Road, received a Negative 3 approval for the construction of a wrap-around deck and shed.

Several requests for Certificates of Compliance were requested and all approved: Cedar Realty Trust, 7 Cedar Road; Harry Segales, 9 Bay Road; Highland Nominee Trust, 14 Ned’s Point Road; Tom Lucivero, 50 Brandt Beach Road; Neal Sandford, 4 Seaconet Road; and Velma Frank, 3 Brandt Island Road.

The next meeting of the Mattapoisett Conservation Commission is scheduled for November 10 at 6:30 pm.

By Marilou Newell

An article to amend a bylaw pertaining to home businesses was misunderstood by Town Meeting members before they struck it down, said Rochester Planning Board Chairman Arnold Johnson on October 28.

“It was a misunderstanding,” said Johnson. No one was trying to make it illegal to park an RV on the front lawn, said Johnson, because it is already prohibited in the bylaw. “All we were doing was getting rid of the term ‘occupied or unoccupied.’”

Planning Board member Susan Teal said the group sitting near her during the October 20 Special Fall Town Meeting was concerned with the part of the bylaw article about home businesses – not particularly the RV parking – and suggested the board should have drafted two separate articles to address the two issues.

“Had they been separated, we could’ve addressed the questions more specifically,” said Teal. “They thought we were making up a new bylaw.”

Johnson said he was disappointed in the Board of Selectmen for adding to the confusion at Town Meeting and withdrawing their support of the article. “And I let that be known after the fact.”

Johnson said he would seek clarification about amending the zoning bylaws from selectmen during the next Board of Selectmen meeting, adding that Selectman Naida Parker suggested hiring a consultant to codify the existing bylaws and ordinances – a bad idea to some Planning Board members.

“If that’s gonna happen,” said Johnson, “then there’s not much need for the Bylaw Subcommittee … it’s a waste of time.”

And it will not be cheap, either, pointed out Teal. She said the consultant would take up a lot of Town Planner Mary Crain’s time getting informed on the situation because “the consultant won’t know squat.”

Teal pointed out that the existing bylaw does not necessarily mean that having an RV parked on the front lawn is illegal under all circumstances.

“These (bylaws) are general guidelines,” stated Teal. “And if it doesn’t work, then we have the ZBA.”

Planning Board member Ben Bailey said he thinks residents at Town Meeting did not want the RV restriction, but most likely would not be in favor of allowing it had it not already been established in the bylaw.

In other matters, a letter written by Attorney Cary LeBlanc on behalf of Karl Peterson of Peterson Davis Builders – developers of The Pines at Hathaway Pond – offended Johnson. Johnson said he did not like the tone of the letter that essentially implied, according to Johnson, that the developer would sue the board if they did not approve the request to decrease the setback to allow for a deck at one of the units.

Johnson said he thought he understood how the board should proceed after the last meeting when Peterson first approached the board.

“Then I get a letter from an attorney that personally did not sit well with me,” said Johnson.

She meant no harm and the claimed litigious tone was unintentional, LeBlanc told Johnson, apologizing. She said she meant “no bullying or insolence.” Otherwise, she would have sent the letter via certified mail, which she did not, said LeBlanc.

“The way you accomplish that is by asking for a favor,” said Bailey. “You don’t write the words you wrote which are straight out, ‘I’m gonna sue you.’”

Teal said she read the letter, detected no such tone, and was not upset by the letter.

Johnson said the matter would be placed on the agenda for discussion at the next meeting, and Planning Board member Gary Florindo asked LeBlanc to formally retract her letter and essentially wipe it from the public record. She agreed she would formally retract.

Also during the meeting, the board issued an Approval Not Required for Esther-Ann Chamberlain of 493 Mary’s Pond Road, and advised Audrey Barker of 179 Alley Road to file an Approval Not Required application for the subdivision of one of her lots at the property.

The next meeting of the Rochester Planning Board is scheduled for November 12 at 7:00 pm at the Rochester Town Hall.

By Jean Perry