With a light agenda on Tuesday evening, the Mattapoisett Board of Selectmen was able to dispatch action items, appointments, hearings, reports and the Town Administrator’s report with relative speed.

Donald Lake came before the Board for this year’s Cruise Nights Car Shows to be held at Shipyard Park. The application was granted unanimously by the Board. The event will take place on the first and third Fridays between 5:00 and 9:00 pm starting in May and ending in September.

Next, Michael Jackson, District Director for Congressman Keating, came before the Board. With the redistricting complete, the Congressman wanted to assure towns now in the ninth district of his staff’s availability to assist the citizens. Jackson presented the town with contact information and referenced some continuity, having on Congressman Keating’s staff several members previously working for Congressman Frank. Jackson also requested the opportunity to hold open hours at the Town Hall to allow those community members who wish to interface with the Congressman’s staff greater access. The Board agreed to this request.

Dan White, on behalf of the Mattapoisett Road Race, then followed with information on the 43rd Annual Road Race and to request approval. Every July Fourth, the race averages 1,000 participants and is a much-anticipated activity in the town. Registration can be completed online at www.mattaoisettroadrace.com, or the evening before the race at Shipyard Park. All tents, tables, trash and containers will be cleaned from the park area by 2:00 pm, White said. Additional portable rest stations will also be made available by the Race Committee. A motion to approve the request passed.

Action items moved by the Board included approving February 26 minutes and executive session minutes, the temporary appointment of Norman Lussier of Fairhaven as Assistant Plumbing/Gas Inspector, and a vote to accept the resignation of Outreach Worker Kathy DeMello. Selectman Macallister noted that DeMello will be greatly missed.

Town Administrator Gagne gave his report on four subjects: storm damage, brush removal, Clean Vessel Act Grants and extending the scallop season. Storm damage and the resulting cleanup and snow removal have depleted the budget. The state will reimburse the town up to 75 percent; however, those monies are still pending. Any additional costs resulting from storms will need to be discussed with the Finance Committee.

Paul Osenkowski questioned the Board as to why during years when such funds went unused it was required for those funds to go into free cash versus staying in a fund for the sole purpose of storm associated costs. Osenkowski felt that this would help during years where storm impact was greater to alleviate those additional costs.

Gagne and other members of the Board went into detailed accounting regulations which do not allow for budget line items to remain unused and must be placed in surplus, or the commonly referred to Free Cash column.

“That’s not a bad idea,” Macallister concurred.

“But not allowed by financial regulations,” noted Gagne.

On the subject of brush and tree removal, all agreed that Roland Cote and Louie Aielo and their small crew have done an outstanding job. Their Herculean efforts were echoed by the Selectmen.

Gagne said, however, that clarification is needed to insure that yard brush from the interiors of private property is not being removed at the town’s expense. He noted that Rochester had to make such clarification in their town. It is the responsibility of the homeowner to cleanup trees and brush that are not of the town.

Mattapoisett’s scallops will be plentiful this year according to state testing which has been confirmed by the town’s Shellfish Officer, Gagne reported. This will allow the town to extend the season.

Clean Vessel Act grants were touched on, next. Gagne shared that municipalities may be eligible to apply and receive grant monies that could be used to purchase new equipment. These are Federal monies administered by the states. He said, given the number of boats in our waterways, having another boat to help manage pump out and to monitor waterway activities would be a great benefit to the town.

“We are a boating community,” stated Selectman Silva. Although Mattapoisett has a pump station at the end of the pier, Gagne felt it wasn’t sufficient to insure the cleanliness of the water.

“Remote locations such as Brandt Island and Aucoot Cove would benefit from such a service,” Gagne said.

However, Paul Osenkowski felt that another boat and associated costs would burden the tax payers. He asked the Board, “Why can’t you get someone to come in and provide the service and the boat owners could pay for it?”

Silva and Gagne explained that the boat owners are already paying for the pump out services when they pay for various permits and licenses. No tax-collected monies fund the pump out which is required by the state of Massachusetts.

Gagne explained, “Enterprise operations such as the transfer station, waterfront, sewer and water costs are not paid for by the tax payers.” In this case, waterfront activities are paid for by the collection of mooring fees and associated expenses levied on the boat owners.

Silva stated that boat owners won’t pay to have someone come to their boat and pump it out. The Selectmen held that boat owners are already paying and another town-owned boat to help with pump out services would be a great benefit to the town. Again, Gagne explained, “The waterfront enterprise is not paid out of tax dollars.”

The next Mattapoisett Board of Selectmen’s meeting is scheduled for Tuesday, March 26at 7:00 pm.

By Marilou Newell

The Rochester Planning Board met Tuesday evening, and among several issues discussed was a unanimous decision to approve construction of a new business by Ruth Sundby on 153 County Road.

The business will sell custom flowers as well as custom picture frames. It will not require major construction aside from 24 by 24-foot structure with a handicap ramp, which will sit opposite the residence that already exists on the property belonging to Sundby. No major landscaping or drainage work would be necessary.

Because of the simplicity of the project, the Board decided to waive a peer review that would normally take place, as well as to approve waivers for other restrictions on the property.

“I have no problem recommending that we waive the peer review,” said Town Planner John Charbonneau.

The Board also decided that a $250 application fee would be suitable for the construction on the 2.3-acre property.

There will be a public hearing to officially approve waivers on the project on April 9.

The Board also approved an amendment to existing town laws regarding the difference between a roadside stand and a farm stand. Under the new amendment, the town has said that a roadside stand is a structure that is less than 80 feet in area, and a farm stand would be anything over. The Board has recommended the amendments for approval to the Board of Selectmen.

The Board also plans to go forward with the recommendation of a moratorium bylaw regarding marijuana dispensaries within the town. According to Charbonneau, the literature that was used for the bylaw in the towns of Wareham and Scituate will be used by Rochester.

“It’s the same as what the other towns are passing,” said Charbonneau.

Many cities and towns within the state of Massachusetts are recommending similar bylaws until some form of legislation regarding the State’s legalization of medical marijuana in November.

The Board also decided to continue the public hearing that has taken place in previous months regarding the construction for Shawmut Associates, LLC at 50 Cranberry Highway.

By Nick Walecka

With a full agenda and long night of hearings ahead of them, the Mattapoisett Conservation Commission began with the Water and Sewer Department submissions.

Highway Surveyor Barry Denham discussed the delineation of resources off Acushnet Road. Streams, channels, inland banks and riverways were noted on maps and plans to insure protections are in place for future work in that area. Nothing is currently planned, but Denham provided the Commission with comprehensive assessments for clarity when new wells might be needed in that area. Commission Agent Elizaebth Ledihold noted that the delineation was fine and the natural heredity map seemed not to be impacted or of concern. The Commissioners requested additional delineations for all intermittent streams.

This brief hearing was followed with an informal conversation with Denham regarding the Mattapoisett Neck sewer project. Minor changes to the road resurfacing project that require the finished surface area to be two inches above the original plans were noted. The Commissioners asked if and how this alleviation change might impact drainage and natural resources abutting the roadway. Denham said that this was a very minor change. Less milling of the road surfaces would result in less disturbance of the surrounding area. Loam and plantings would be added to transition from the finished road to the surrounding drainage areas. Bob Rogers requested a letter from Water and Sewer Department noting the changes for the public record. The Commissioners and Denham agreed that a summary letter would be provided.

Several hearings were then quickly dispatched: Robert and Susan Carson, 18 Silver Shell Avenue, were requesting the Commission’s approval for changes to their current home, including roofing over a deck, seasonal porch enclosure and construction of an observation deck, none of which would impact the current footprint of the building. The project was accepted as submitted.

Next, Jacob and Jennifer Mark, 23 Bay Road, requested approval for the removal of an existing porch and construction of an addition to the dwelling which would be somewhat larger than footprint. The Commissioners asked the applicants’ representatives about barriers for delineated areas of work to protect water resource spaces and erosion control. Applicants will protect resource areas with hay bales and other materials. All excavated material will be removed from the site. The Commission agreed to the plans as submitted with additional protections in place.

Debra Dewalt was next to come before the Commission, requesting approval to remove an elevated wooden walkway located at 9 Locust Street. Dewalt is in the process of returning the property to its original state. The project was approved as submitted.

Discussion was opened with Mr. Laveia of D and B Quality Construction, as the applicant for projects at 15 Cedarcrest Avenue, the property owned by Stacey Marino. Conversation quickly bogged down as a non-conforming shed on the property had never been permitted. Brandon Faneuf, engineer to the owner, explained the two issues that were before the Commission. The applicant had not received DEP file numbers for the conversion of the existing deck to a screen room and construction of a new deck, and after-the-fact filing to allow an already constructed shed and outdoor shower.

Faneuf requested that the two issues be viewed as one project. However, the Commissioners believed the shed issue needed resolution first before any project could be heard. Commissioner Ken Dawicki stated that the homeowner was responsible for the shed regardless of it being on the property when she purchased it. Further, there are environmental problems with ‘gray’ water entering the watershed area from the shower. And, lastly, the shed was apparently placed outside the owners’ property bounds.

Faneuf pressed the Commission to move forward rendering their opinion for proposed changes to the porch and deck areas. However, the Commission countered that other boards, not the least being the Planning and Zoning Boards, need to review and approve changes first.

Chairman Newton said, “There are too many issues … Con Com can’t hear the applicant’s request. Building, zoning, no permits were pulled … we would prefer to wait until DEP issues file numbers and other issues cleared before Con Com went further.”

There was some discussion about Laveia versus owner Marino being the applicant. Newton noted that this is allowed. Con Com told Faneuf and Laveia to continue these matters while DEP file numbers could be secured and due process through other boards could take place. Con Com gave applicant another hearing date: April 8.

An application by Daniel Oliver, 40 Water Street, to allow pier extension and a new gangway to be wider than state-suggested guidelines was then heard. After discussion of difficulties that Oliver has experienced in receiving return calls from DEP and Coastal Zone Management for further guidance, Commissioner Mike King said he was in favor of the change.

The Commission overwhelmingly agreed that Oliver should be allowed a 5-foot wide gangway with various approved floats, decking and clearances for natural resources such as eel grass. It was read into the minutes that the Shellfish Officer was consulted and eel grass impact, if any, would need to follow guidelines. Rogers moved to approve the project with proposed changes being noted on all documents and plans. The Commission approved.

Last up was Pease’s Point Improvement Association. Ron Gerace and Sullivan of the Association requested permission to move forward with repairs to a seawall. Discussion followed about the need for a DEP 91 License was brought up by Dawicki.  Since the applicant wants the seawall approved into perpetuity, the Commissioners felt that such licensing should be secured. Chairman Newton also stated that the Commission needs existing condition documentation.

“You need to get the sea wall surveyed,” Newton said.

This led to some frustration on the part of Gerace and Sullivan, who stated, “…the wall is crumbling as we speak — we need to get this fixed!”

The Association had addressed the license issue in 1992, at which time it was told by the state that it was no required. The Commissioners agreed that the work does need to get done, but that first a survey is required and possible DEP license pursued before the Commission can move forward on the project. It was pointed out by the Commission that conditions may have changed and shifted in and around the seawall since 1992, and, therefore, current conditions needed to be assessed. The goal of the Commission is to help insure that the work done now will last through coming generations. Association members acquiesced to get the survey done and submitted to the Commission while pursuing the DEP issue concurrently.

Lastly, Leidhold gave the Agent’s report including recent seminars she had attended, and the forthcoming Open Space Committee’s public meeting, which is seeking community input from interested parties.

By Marilou Newell