Mattapoisett town officials are exploring the idea of offering a Launch Service this summer, it was revealed at the Board of Selectmen’s January 24 meeting.

Town Administrator Michael Gagne said if it happens, a contractor would offer the service for a fee, thus the program would not affect the town budget.

“They would look for mechanisms for how to pay for it themselves. They would provide the manpower and time and get customers,” he said.

Selectman Jordan Collyer suggested that the service operate from the Barstow Wharf, and Selectman Paul Silva asked the Town Administrator to inform the Marine Advisory Board – which he promised to do.

Mr. Gagne is planning to submit a Request for Proposals for the Launch Service during the second week in February, he said.

In budget news, the board endorsed Selectman Collyer’s suggestion to assume that state aid will come in at 4 percent less than a level-funded budget when constructing Mattapoisett’s fiscal year 2013 budget.

Lt. Governor Tim Murray had presented the governor’s proposed budget at the Massachusetts Municipal Association Annual meeting on Friday, January 20 – and said that state aid would remain level funded going into fiscal year 2012. Selectman Collyer, who attended legislative forums the following weekend, said that town officials in the Commonwealth are expecting a slight decrease as the budget moves through the House and Senate.

“I would be more comfortable assuming a three to four percent reduction,” he advised.

“It is a safer way to prepare the budget to assume less and start out with a four percent decrease in state aid,” concurred Mr. Gagne.

In other business, Mr. Gagne gained the board’s approval to pursue excess equipment that is distributed through the Department of Defense to states throughout the country. He said Police Chief Mary Lyons would make the formal request to the DOD to acquire generators for town water and sewer facilities. These generators would replace those under lease by the town.

“We don’t have enough auxiliary power to satisfy long-term outage,” he said.

In addition, Mr. Gagne said through the program he hopes to obtain an inflatable 18 to 20-foot long boat for the Harbormaster’s Office.

A new 2011 Ford 15-passenger van soon will be in the hands of the local Council on Aging, Mr. Gagne also reported. This vehicle will help transit seniors who need to access services or retail establishments. The van will replace an older vehicle.

In the only appointment on the agenda, the board heard from NSTAR representative Donna Rosa who sought approval on the installation of a new pole at Mattapoisett Neck Road just south of Harbor road.  With no objections from abutters or the town’s Water and Sewer Department, the board approved the system improvement unanimously.

In other business:

• Mr. Gagne informed the board that work on opening up the Eel Pond Inlet will not take place in March as planned due to concerns about interference with the flounder population, thus it will commence in July or August

• The board voted to approve probationary firefighter Kevin Gleason

• The board voted to accept the resignation of Historical Commission member Michelle Bernier of 19 Pearl Street

• The board informed the public that the next Selectmen meeting is scheduled for Wednesday, February 15 at 7:15 pm, at which they will hear Jim O’Dowd’s aquaculture application.

By Laura Fedak Pedulli

At a regular meeting of the Rochester Planning Board on January 24, 2012, Town Planner John Charbonneau reviewed the Approval Not Required (ANR) plan submission requirements.         These requirements apply to plans that would be submitted to the board that are believed to not need approval from the planning board for a permit to be issued. Ben Bailey stated that he felt the topographic mapping requirement was excessive. The requirements call for mapping of any slopes over 15 percent, as well as major trees, and scenic roads.

The board generally agreed that existing structures, rights of way, and waterways would require mapping – as well as slopes that impede access. However, the board voted to remove the mapping requirements for significant natural features, rock outcrops, drains, steep slopes, scenic roads, major trees, and guard rails.

The board also touched on the latest news regarding the Sperry/Skrutski parking issue. Chairman Arnie Johnson stated that Sperry Tents is no longer parking on the Skrutski property, but they have erected a tent there, which is allowed under the bylaws. Mr. Johnson said he had discussed the matter with Building Inspector James Buckles who said the tent did not need a building permit unless more than ten people occupied it. The Skrutski property hearing has been continued until February 23.

In other matters the board:

• Approved the minutes of the December 13, 2011 meeting and vouchers for office supplies and maps.

• Approved the FY 2013 budget. All departments were asked to level fund with no cost of living increase. Mr. Charbonneau stated that the FY 2013 budget would essentially be the same as the previous year.

• Proposed a bylaw amendment that would correct an error in the bylaws regarding signage in industrial zones. The board voted to bring the matter to the Selectmen for review.

• The Planning Board will be holding an open meeting on Monday, January 30 at 4:00 pm at the Police Department to review long range planning, the Village Center Overlay District, agricultural distribution and comprehensive land use.

By Paul Lopes

Bob’s Tire is one step closer to obtaining the necessary licensing and permitting to operate – but the journey there is far from complete.

At its January 23 meeting, the Rochester Board of Selectmen approved a Class III license for the company to operate at 35 County Road – but only if it and Murphy’s Auto Salvage receive a new or modify an existing Special Permit through the Zoning Board of Appeals.

The decision came after Town Counsel Blair Bailey confirmed that two businesses with two distinct Class III licenses can operate on the same property – a legal point he had sought clarity on during previous hearings.

However, Atty. Bailey said the very fact that the business operations at the property are expanding warrants a trip to the ZBA.

“My issue is the fact that you need a Special Permit to operate a business on a property that is a non-conforming use,” he said, noting that the businesses are in a residential district. “Any expansion of that use brings into question the permit.”

In addition to these issues, he said a recent ZBA denial of a trucking company at the property is pending at the Superior Court, although the trucking company has since relocated to New Bedford.

Bob’s Tire shares a space with Murphy’s Auto Salvage, which siphoned off its tire-selling business to the company.

For years, Murphy’s Auto Salvage has been the subject of complaints by neighbors who say it failed to clear out debris and junk from its previous home at 19 County St. – as required in a 1985 Special Permit. At the Selectmen’s December 6, 2011, meeting, the board gave the company 45 days to clean up the site.

At the Selectmen meeting, Michael Murphy announced that the clean up job is complete.

“We’ve accomplished everything you’ve wanted done. It is basically 100 percent done…. It was at great expense to us, but we had no problem,” said Michael Murphy, expressing his interest in achieving compliance.

Mr. Murphy said he showed Selectman Naida Parker the results of the clean up work, and she confirmed that now there are only two registered vehicles and some boats, which do not require registration, at 19 County Road.

“He’s cleaned that all out. There are not as many vehicles as in the past,” she said. “He has made a substantial effort to straighten out the facility.”

In addition to clearing out debris, Mr. Murphy said he installed a 225-foot fence around 19 County Rd. to improve the aesthetics of the property to outsiders and to discourage trespassers.

“We are not here to try to make life miserable. We are here to service the community. We do the best we can. If people have suggestions, we do them,” said Mr. Murphy.  However, some Wareham and Rochester residents came out to express concerns from traffic to the impact of an expanded business.

Complaints notwithstanding, Atty. Bailey said despite the clean up, the companies need clearance from the ZBA to operate in the residential area.

“There is an issue of whether Murphy’s is in compliance and whether the addition of Bob’s Tire expands the use of the property beyond the existing Special Permit,” he said.

As such, the Selectmen agreed to approve the license – but the companies must go through the necessary processes with the ZBA first. The Class III license, which requires an annual renewal, will expire on December 31, 2012.

In other business, Town Administrator Richard LaCamera said to expect cuts in staff and services due to lack of economic growth in the town and no projected increases in state aid. He said Rochester is not expected to see any increases in state aid, with the only silver lining being that Rochester’s health insurance rates will remain the same next year.

The town learned about the lack of state aid from the Lt. Governor during a recent Massachusetts Municipal Association meeting, he said.

Rochester’s budget woes are shared with other Massachusetts towns, Mr. LaCamera noted.

“I don’t think we are alone… There were a lot of unhappy people in the audience after the Lt. Governor meeting,” he said. “This is the fifth year we’ve had no additional state funding.”

In related business, Mr. LaCamera said he is bringing in an outside auditor to review Old Rochester Regional’s financial documents. He said the state gave him an incorrect figure for the district’s surplus – or E&D – monies; it is not $1 million, but around $533,000, he said.

The school project will end up being about $725,000 less than anticipated, Mr. LaCamera also reported. He said the town is still challenging several items, which it believes state unfairly denied reimbursement.

By Laura Fedak Pedulli

What constitutes new construction versus reconstruction was debated during a heated Mattapoisett ZBA hearing on Thursday, January 19. And in the end, it was the Webster’s dictionary that helped settle the matter.

Applicant Cedar Realty Trust submitted a request for a Special Permit to demolish and rebuild a house on a non-conforming, L-shaped lot at 7 Cedar Road. The new plan would relocate the home from a narrow 25-foot strip of the property to a wider portion of the lot.

“It is placed sensitively, and a well placed home for the neighborhood. [This has] created a much better situation,” said Atty. Elizabeth Kunz on behalf of the applicants. The proposed home would have a 20 percent lot coverage.

Although the project had six neighbors write letters in support of the plan, two neighbors and their lawyer opposed it.

Attorney Ralph Copeland argued that because the applicants are entirely rebuilding a new home – they should have to file a Variance, not a Special Permit.  A Variance is required for new construction, while a Special Permit allows reconstruction on a non-conforming lot.

“The issue is it doesn’t comply with the zoning bylaws. I don’t see how you can consider a complete teardown a reconstruction. They are not proposing a reconstruction,” Atty. Copeland said. “The abutters have a right to insist on conventional setbacks. You are duty bound to enforce the law.”

The attorney added that the newly proposed house would sit six feet from the back property line, while the bylaws require a 25-foot setback.

Applicant Greta Fox, however, pointed out that the new house “would improve non-conformities” because the current structure has a zero setback on the back line.

“I’m just confused, we are improving every single setback. Right now we are on 5 Bay Road. How can it be better to be on then road than be six feet from it?” she said.

Engineer David Davignon said the opposition really stemmed from the potential of the new home to block the water view for the opposing neighbors. Three years ago, Atty. Copeland represented an applicant that did the same thing as Cedar Realty Trust was proposing to do at the hearing, the engineer added.

“We are doing what they did three years ago and now they are complaining about it,” Mr. Davignon said. “We are pushing [the home] away from their property line. The real issue here is the view, and that’s not under the [ZBA] purview.”

Building Inspector Andrew Bobola agreed, and pulled out the Webster dictionary to read the definition of “reconstruction” – which is basically rebuilding a home, regardless of whether the same design or materials are used.

He also said that 25 similar cases last year functioned identically to the Cedar Realty Trust’s application – and that he has allowed Special Permits for reconstruction on non-conforming lots for 25 years.

ZBA board member Mary Anne Brogan, however, remained skeptical. “I’m troubled by definition of reconstruction as opposed to construction,” she said.

In the end, the board approved the Special Permit, 4 to 1, with Ms. Brogan in opposition.

The board also approved a Special Permit for Virginia Gaffey of 27 Silver Shell Ave., who sought an addition for her home that would improve the handicap accessibility of the bathroom and other rooms. The project had the support of two physicians for a family member needing the upgrade to accommodate her wheelchair.

Karen Hoikala, however, spoke out against the application – arguing that the expansion would block the ocean breeze to her rental units on Channel Street. She also voiced concern how the increased footprint would affect drainage, and said traffic safety hazards exist due to the “personal effects on the property.”

“It seems impossible to build this type of structure without infringing on neighbor and town property,” she said. Also, she remarked that the new construction “must be more than 50 percent of value of the property” which is against Special Permitting rules.

                  The board, however, disagreed with Ms. Hoikala and said that the need for the expansion trumps her concerns.

“I think she really needs that addition, “said board member Susan Akin.  Another board member commented that the rental units could be equipped with fans and an air conditioner to make up for blocked ocean breezes.

Building Inspector Andrew Bobola said the small size of the house leaves “no alternatives” for the family in meeting their needs.

The board approved the Special Permit with a condition that Ms. Gaffey remove her fence to improve airflow.

In other business:

• The board unanimously approved a Special Permit for Michael and Paula Ward of 11 Upland Way for an application to construct a family room, master bedroom and garage at their dwelling.

• The board gave the green light to applicant Nicole Demakis, who sought a Special Permit to construct a two-story addition and build a garage at 30 Pearl Street.

• The board unanimously approved a Special Permit application for Harry and Lisa Segalas to construct a two-story addition that will not meet the required setbacks at 9 Bay Road.

• The board okayed a Special Permit application from Mark and Janice Brockman to allow deck enhancements at their house on 14 Cove Street.

By Laura Fedak Pedulli