"The town's reaction is one of dismay and concern," Chairman Chawner Hurd told the frustrated crowd. "No mater what avenue the town explores, it is told it has no jurisdiction whatsoever. The address is Taunton so the permit is issued by the city of Taunton. As a municipality, we cannot take action against a municipality for permitting."

In June 2000 Mr. Stapleton was granted an emergency permit and order of conditions to enlarge his bog pond after noticing in late 1999 that the water table was receding and there was insufficient water to maintain his bogs. Although the permit did not specify the amount of earth that could be removed, it did limit the depth of the excavation to 10 feet below the existing grade. The permit expires June 13 but no date has been set for a renewal hearing.

Neighbors say that the hole that has been created is closer to 30 to 40 feet below grade, however, and photographs one North Precinct resident took of the project to show the selectmen seemed to support their contention. The images depict a massive hole with steep earthen walls that resembles a quarry more than a bog reservoir, a situation that members of the group say is nothing more than a gravel pit and is a safety hazard for both people and wildlife.

The Lakeville Conservation Commission asked the state Department of Environmental Protection (DEP) to issue a cease and desist order to Mr. Stapleton in December 2001 and also requested a Massachusetts Environmental Policy Act (MEPA) review but was told that the project did not require the review. Discussions with the city of Taunton have also led nowhere, the board said.

Safety issues resulting from the addition of about 100 truck trips to and from the site each day have been raised repeatedly. A videotape made by one of the residents of trucks speeding on residential roads in the vicinity of the site finally led to an "increased police presence" in the area, but, as Mr. Hurd pointed out, the town has just two patrol cars and the time they can spend in any particular area is limited. The selectmen's secretary also mentioned that the drivers alert one another on their radios when they see a police cruiser, making ticketing difficult.

In addition, numerous complaints have been made about the noise made from a generator that powers a pump that the residents said runs "day and night." The board replied that a noisome trade complaint could be filed with the Board of Health, but that it would be a long process. Barbara Furlong of 22 North Precinct St. said she has contacted an attorney concerning the possibility of filing a civil suit against Mr. Stapleton in the hope of stopping the activity at the site and possibly recouping some of the money the homeowners have had to pay for new wells due to a drop in the water table that they believe is a result of the excavation. New wells have cost between $3,000 and $5,000 each. Ms. Furlong said that the charge for legal fees would be about $2,500 with another $5,000 for consultant fees. The group plans to meet with the selectmen again prior to the permit renewal hearing in Taunton.

Before their next meeting, the board suggested that the residents research some information that might be useful in their argument to the Taunton permitting authorities against the renewal and/or in a civil action, including whether or not Mr. Stapleton sold a crop of cranberries last year; the depth of the excavation below grade; whether or not the number of wells that have gone dry in the area is higher than in other sections of the town over the same time period; where the gravel is being sold; if the fences around the site have been maintained as required by the order of conditions; and, a hydrological assessment of the water flow.

"We'll do what we can and be right there by your side," Mr. Hurd said, "but the strongest front is for the residents to file a civil action."