Acushnet Town Meeting has given P.J. Keating a chance to resume operations in town.

ACUSHNET — Despite a contentious history between the town of Acushnet and quarry/asphalt plant operator P.J. Keating, Town Meeting voters on Monday passed an article that will allow waivers to the town's soil removal bylaw, which, in effect, gives the company a chance to reopen.

Article 39 inserts language into the soil removal bylaw allowing the Board of Selectmen — which doubles as the town's Soil Board — to "waive strict compliance with any requirement" of the bylaw. Otherwise, a number of restrictions within the bylaw apply to any "large operation," which is defined as "operations on any property which contains 50 or more acres of disturbed surface area or any soil removal operation where the soil removal volume of 1,500 cubic yards during the most recent 365 period," according to Select Board Chair Kevin Gaspar.

In clarifying the article's intent, Gaspar brought up P.J. Keating and said without the bylaw changes, it would be impossible for the company to resume operations in Acushnet.

"Without a waiver or provision, we basically are telling P.J. Keating goodbye," said Gaspar. "I don’t think anyone, or maybe a few of you, would like to see that happen, but I’ve talked to a number of constituents throughout the community and I get asked the question more so is when’s P.J. Keating going to open?

"...there’s certain things that are in the bylaw that are absolutely ridiculous to ask P.J. Keating to uphold."

Get some background:Acushnet Town Meeting holds off on further changes to bylaw affecting P.J. Keating

Former Selectman David Desroches pointed out how the bylaw update differentiates "large operations," which he said "gives a break to the small guys."

"We’re going to be exempt from all the rules that say ‘large operations," Desroches said.

Despite some residents' expressed concerns with the bylaw changes, after lengthy discussion, Article 39 passed a 2/3 vote by a vast majority.

In April, Acushnet officials were discussing a court decision that said P.J. Keating needed a new soil removal permit from the town to resume operations, and how the company apparently did so without one anyway last month, prompting a cease and desist order.

A voice message to P.J. Keating seeking comment on Monday's passage of Article 39 was not returned.

Dig deeper:P.J. Keating needs Acushnet OK to get back to work at 72 S. Main St. quarry-asphalt plant

Youth work program seen as 'feeder system'

Voters also passed Article 31, which puts $30,000 into starting up the YES (Youth Employment Service) program, which would connect Acushnet youth with jobs assisting town departments, boards and committees.

"... we look at this program as an opportunity to essentially create a feeder system for our town government," said Selectman David Wojnar. "Eventually we’re going to need people to work at the DPW, we’re going to need people to work at the town facilities."

“We’re not going trying to take away anyone else's job duties," Gaspar added. "I know that’s been a claim that some people want to make. That’s not what’s going on here."

Buzzards Bay Coalition project to get Acushnet funding

As part of Article 27, the Community Preservation Committee's capital budget, $85,000 will be used as Acushnet's contribution to a project that looks to preserve 77.5 acres within the town, connected to a total of 241 acres shared with Mattapoisett and Rochester.

After an attempted amendment by one resident to remove the line item from the CPC budget, Article 27 passed by a vast majority.

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According to Allen Decker of Buzzards Bay Coalition — the group heading the project — preserving the said land will protect an aquifer that provides drinking water to residents. It will also, as stated by CPC Vice Chair Jesse Ellis, provide townspeople public access to a large recreational area.

School solar project approved

Article 26 will allow the selectmen to move forward in making arrangements with Solect Energy Development LLC to install a solar canopy over a section of the Acushnet Public Schools campus parking lot, as well as build an outdoor class space.

According to Acushnet Public Schools Business Manager Patrick McIntyre, the project will come at no cost to the town and school district while carrying the benefit of about $48,000 a year in cost savings.

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Stormwater help on the way

The passage of articles 15 and 23, in conjunction with one another, allows the town to spend funds on consulting services to assist the town to be in compliance with MS4 General Permit for Discharges from the Municipal Separate Stormwater System.

"It's got nothing to do with individuals going to conservation or stormwater," explained Gaspar in response to a resident's inquiry. "This is the town's MS4 permit that we need to be in compliance with as a municipality."