It was long into the night with much work completed when hot buttons were pushed over the touching of a “no touch zone” on Goodspeed Island.

The request for an amended order of conditions filed by Daniel and Laurie DaRosa, 3 Goodspeed Island Lot #28, was denied after the board learned that the a previously stipulated special condition had been violated and that a DEP permit had been applied for. Originally on April 30, 2012, the permit required a special condition for a 10-foot-wide costal bank “no activity zone.” Then, in August, a request for coastal restoration work was denied but then applied for through the state’s DEP office. That office granted the permit.

Now coming before the board, DaRosa was requesting a certificate of compliance on the premise that the essence of what the board conditioned on the original permits had been complied with. The board did not see it that way.

Chair Peter Newton said, “It isn’t clear to me that the original order was to clear the entire bank.” He said he wasn’t in favor of approving the amended DEP permit, wondering if the owner created his own problems by going to the state and moving forward to clear the bank in spite of the town’s request not to do so.

Newton continued that the applicant had agreed to the “no touch zone.” DaRosa felt that by not granting the certificate he was being punished. In the absence of a certificate of compliance, the title to the property would be in encumbered.

“There are half dozen violations on this project,” Newton said. “I’m not in much of a mood to be granting a permit.”

Earlier in the day, the Conservation Commission office had received several phone calls from concerned citizens who witnessed construction activity on the beach and shoreline area at the property. There was a Bobcat removing stones and pushing sand changing the contour of the shoreline.

“We can’t grant a certificate because the no touch zone has been violated,” Newton said. “We were never informed that work would be taking place.”

“It was really disheartening to see the Bobcat going into the water,” added Board member Bob Rogers

Both Board Member Tom Copps and Newton agreed that by granting the certificate, a bad precedent would be set.

“It is just a willful disregard for the process … there is a state law,” Newton said. “We are a reasonable bunch of people, but not when people ignore the plans.”

“I didn’t know,” DaRosa said.

“It is your responsibility sir,” Newton responded.

Board Member Robert Rogers said he wanted to draft a letter to the DEP asking them who is overseeing the work they have permitted, which supersedes the local permit. Noting that he wasn’t sure what the next steps might be, Newton told DaRosa they’d be getting back to him.

Much earlier in the evening, numerous pieces of businesses were conducted.

Certificate of Compliance granted to Elizabeth and Randall Kunz, 45 Water St.

Certificate of Compliance granted to Barry and Audrey Saucier, 8 Howard Beach.

Partial Certificate of Compliance granted to Stephen and Betsy Downes off of Prospect Road.

Public hearings conducted included:

Request for Determination of Applicability by Elizabeth Sharp and James McKay, 7 Kestrel Ln., proposing to replace the floor boards and railings to the existing deck as well as extending a new 10-by-12 section with steps on the north side on the existing deck. Applicant was released to proceed with the project.

Request for Determination of Applicability filed by Buzzards Bay Coalition for Acushnet Road, lots #7, #4, #20, 21: changes would allow the public better access to the public lands for easier use and a clearer demarcation of entrance to the trailhead areas for a parking area, signage, and more. The work is proposed to begin sometime this summer depending on funding via grants.

Request for Determination of Applicability filed by Victor Vieira, 77 Long Plain Rd.; applicant proposes to install an aboveground pool within 50 feet on the bordering vegetated wetlands – approved as proposed.

Notice of Intent filed by William Morgan, 53 Cove St., to remove several unpermitted site improvements (stone pillars, wall extension, concrete AC unit pads, planters), and retain/permit other improvement; plan approved with special conditions.

Notice of Intent filed by Linda Pinto of CSN Engineering, regarding 53 Cove Beach, lots #1, #4, #18, #18A, #34, for beach-nourishment projects; approved with conditions.

Continuance of after-the-fact notice of intent filed by D & B Quality Construction, 15 Cedarcrest Ave. lot #21, applicant proposes an after the fact filing to allow an already constructed detached shed and outdoor shower, located partially within the bordering vegetated wetlands. Dennis Lavoe/D&B Construction presented the board with amended plans, which were accepted.

Request for determination of applicability filed by Dwight Smith, 6 Windward Way, to restore an eroded lawn area caused by Sandy and remove a storm-damaged tree was approved with no special conditions.

Notice of intent filed by Neal and Debra Sandford, 4 Seaconet Rd., to demolish the existing single family dwelling and detached garage for the purpose of constructing a new home in compliance with Mass Building Code and FEMA requirements for construction within a vegetated flood zone. Plans were approved with conditions.

By Marilou Newell

The most time-consuming issue of Tuesday night’s meeting came during the Town Administrator’s report, when Michael Gagne – with the assistance of Highway Supervisor Barry Denham – reported on their recent meeting with the state.

From that meeting, they were encouraged that financial assistance would continue to flow into town for the maintenance and repair of streets and sidewalks. As recently demonstrated during Town Meeting, the condition of secondary streets, or feeder roadways, is of deep concern to residents utilizing them.

Gagne shared with the Board a study he found that was conducted in Indiana. He felt the study would help Mattapoisett find a way to better plan the overwhelming needs associated with keeping roads and streets in good repair with fiscal efficiency.

“We have a fairly extensive list of streets on our capital plan,” Gagne said. “These are primary streets, not secondary or feeder streets.”

He also noted that in previous years, some monies had been set aside for the paving of feeder streets and said he thought the town might benefit from trying to do so again. He felt it would help address citizen’s concerns about those deteriorated roadway conditions. He said that the town should establish an assessment plan for secondary roads.

Gagne posed a solution for assessing the condition of secondary roads by using senior “tax work-off” people. Noting that some of the people enrolled in the program to work off some of their property tax responsibility had experience from which the town could benefit. He thought a team of seniors could help with the assessment reporting. Gagne further told the Board he was very concerned about the trip hazards present along many of these streets.

Denham gave the Board a list of town-owned unpaved streets. He pointed out that there are 6.21 miles of unpaved town-owned roads. As an example, he directed their attention to Wolf Island Road. Denham said that the road has never been paved and is heavily traveled by people using it as a pass through from Fairhaven, Rochester and Acushnet. It shows up in town records as becoming one of the original town-owned roads back in 1857. Today, it costs the town $10,000 annually to maintain it.

Of the 11 roads and parking lots that are owned by the town, Denham stated, “It would take $6 million to do it all … that’s one of the reasons I’ve never been much of an advocate for paving the roads. We have trouble getting the money together to pave our paved roads.”

Gagne said, “I think we need to put a plan together,” again making it clear that by doing so, the town would then have a clear picture of the total need and then be able to develop a course of action. While Denham felt that public outcry was the way roads had been prioritized in the past and may be prioritized in the future, Gagne differed, suggesting a more planned approach.

Regarding the capital planning that has been taking place for streets and other roadways in town, Denham said, “We’re getting to a point where we are getting to the end of the tunnel.” He added that to plan a project for secondary roads would take 18 months or more.

There are June dates scheduled for public hearings so that residents can share their concerns and ideas on several upcoming projects including Water Street, Beacon Street and parts of Marion Road; these would include sidewalk configurations.

It was left that the Board would review the Indiana report and associated street planning methodology for consideration and alignment with the town’s needs.

The Board also met with Kevin McGown, who has just completed a study of shellfish resources in the Pine Island Pond region. McGown’s credentials as an expert in fisheries and shellfish was offered to the members, including his Master’s degree from North Carolina State. McGown was then given the floor. His study took place in October 2012, and covered the east side of the harbor at 100 sites in the channel and the pond.

The exhaustive study produced substantial information on shellfish populations, primarily oysters, blood arks and quahogs. McGown found that the quahog population was in line with a more expansive study of the entire east coast explaining that “quahogs were the most numerous” of all shellfish found at the site. He found a total quahog population of approximately 675,000 individuals. The study also showed that the size of the individual specimens was consistent with the East Coast populations.

Oyster populations seemed to be doing well and would be good source for free seed to the town, but they need a hard substance to grow on and that isn’t the environment of the area study which was found to be primarily mud. Management ideas were also shared to help build up the oyster population by using wire forms that allow the young oysters to attach to and grow.

Various shellfish management ideas were floated to the Board, with input from Natural Resource Officer Kathy Massey. She said that they currently have two upwells, which would work for oysters but were not used last year due to the cost.

Selectman Paul Silva said, “We should look at soft shell clams. Back in the Fifties and Sixties, they were plentiful.” Massey said that efforts to improve their populations had not been successful due to predation by invasive worms.

McGown was thanked for his work and assistance in helping the town form plans for this important recreational activity of harvesting shellfish.

In other business: The Board re-organized with Tyler Macallister being named Chairman and Paul Silva as Vice-Chairman. Numerous appointments to various boards and committees were signed into the record and read aloud. A full list is available for the public to review. Dick Garmarch was appointed as Mattapoisett’s representative to Old Colony Vocational Technical High School.

Jessica Webb came before the Board requesting permission to offer weekly yoga classes for nine consecutive Saturdays starting July 16 between 7:15 and 8:30 am at Ned’s Point. After answering questions about insurance and her certification as a qualified instructor presently working at Gleason YMCA in Wareham, the Board approved her request.

Mattapoisett’s YMCA was granted three one-day liquor licenses for various activities at their location.

The Board set its summer meeting schedule planning the second Tuesday of each June/July/August as the date.

Gagne’s new 3-year contract was approved and he was reappointed as the Town Administrator.

Last item for the evening was the formal declining for purchasing the property noted as 61B, Map 19, Lot 17, Map 20 Lot 18. These lots underwent re-zoning recently to allow for the future site of the industrial solar field located at Tinkham Road. The town had the right of first refusal for this or any property that undergoes a zoning change for the purpose of adding recreational or open space to the town.

By Marilou Newell

The Rochester Planning Board met Tuesday night and discussed an issue at the Little Quittacas solar project on North Avenue in Rochester.

According to Board members, a berm that was scheduled to be put in at the beginning of spring has not been completed, leaving officials worried that the dry season ahead will cause dust problems for neighbors.

“We thought that this was all going to be done by the beginning of May,” Chairman Arnold Johnson said. “I think we’ll see where they get [before they decide to take some action against them].”

Johnson recommended that they invite everyone involved in the project to the next Planning Board meeting, including everyone associated with Real Goods Solar of Providence, which is responsible for the project. He also suggested that they invite the town’s Building Inspector to the meeting, as well.

“I think we should do whatever we can do [for the neighbors’ sake] until they fix that,” said Ben Bailey of the Board.

Gary Florindo of the Board said that they are running out of time if they want to build the berm and plant trees atop it because of the change of seasons.

“By not having that berm done, they’re losing time,” Florindo said. “I think they missed a move. They’re going to have to take a step back. The clock is ticking.”

Town Planner John Charbonneau said that they’re not currently entertaining the idea of shutting the project down, but they’d like to see Real Goods Solar come back with some sort of plan before the next time the Planning Board meets on June 11.

“It’s in everybody’s best interest not to shut them down,” said Charbonneau. “We want to move them forward.”

In other news, the public hearing for Shawmut Associates, LLC was pushed back until the next meeting because the Board is waiting for the Conservation Committee to make a ruling on wetlands at the site. They meet on June 4, and the Planning Board will be able to make a ruling on the new construction upon approval from the Conservation Committee.

By Nick Walecka