Anna J. (Evora) Cabral

Anna J. (Evora) Cabral, 75, of Wareham, died Tuesday, October 21, 2014 at Mass. General Hospital in Boston unexpectedly. She was the wife of the late Robert M. Cabral.

Born in New Bedford, she was the daughter of the late Antonio D. & Emelia J. (Almeida) Evora. A longtime resident of New Bedford, she moved to Wareham 41 years ago. She worked as a cafeteria cashier for the Old Rochester Regional School District.

Mrs. Cabral was a member of the OLOA Seniors Club and the Cape Verdean Women’s Social Club in New Bedford where she was awarded “Mother of the Year” for 2011. She also enjoyed bowling.

Survivors include her two daughters, Robin C. Marion and her husband Keith of Dorchester and Nicole M. Cabral of Wareham; her brother, Dennis Evora of New Bedford; three sisters, Marie Sparks of New Bedford, Evelyn Knight of Evendale, VA and Emily Carrington of Mattapan; two grandchildren, Darius Gamboa and Mason Marion and her great granddaughter, Nevaeh Gamboa.

Her funeral will be from the Chapman, Cole & Gleason Funeral Home, 2599 Cranberry Highway (Rt. 28), Wareham on Sat., Oct. 25th at 10 a.m. followed by a Mass of Christian Burial at St. Patrick’s Church, High St., Wareham at 11 a.m. Interment will be in St. Patrick’s Cemetery, Wareham. Visiting hours will be Friday from 5 – 8 PM.

Flowers may be sent or donations may be made to St. Jude Children’s Research Hospital, 501 St. Jude Place, Memphis, TN 38105.

ConCom Lets Illegal Hot Tub Stay

Even though the work was unpermitted, the property owners at 425 Neck Road will be allowed to keep their illegal hot tub and patio that encroaches the ‘25-foot no-touch zone’ along Snipatuit Pond Road, after the Rochester Conservation Committed voted to approve the after-the-fact application for an Amended Order of Conditions on October 21.

Andrea and Donald King went beyond the scope of their original Order of Conditions issued back in 2011 before the start of the renovation in a number of ways, including underground utility installation, driveway improvement and extension along the pond side, and the addition of a storm drain for the driveway runoff, in addition to the hot tub, patio, and stone apron.

The Kings, who reside in the U.S. Virgin Islands, purchased the property in early 2011 and restored the old existing dilapidated stone house as a second home over the past three years. (Andrea King gave a presentation to the Rochester Historical Society on September 17, documenting the restoration process of the historic home. See the September 25 issue of The Wanderer)

At Conservation Agent Laurell Farinon’s recommendation, the commission approved the amended Order of Conditions as presented by Engineer Rick Charon, allowing the hot tub and patio to remain; however, the driveway storm drain must be removed and rebuilt farther back from the resource area within 30 days.

Farinon stated during her report earlier in the meeting that the driveway work was completed even after her site visit to view the illegal hot tub.

“And that raised a red flag with me,” said Farinon. Farinon pointed out that the commission would not have allowed the work to be done if the Kings had followed the proper procedures for filing, saying the Kings had enough of a usable area to accommodate a hot tub, patio, and driveway improvements away from the pond.

Later, during her recommendation, she said the fact that the Kings promptly produced a revised plan within a short time frame “showed good faith.”

“A lot’s been said tonight,” said Farinon, commenting that residents may be “feeling frustration with the commission.” She continued, “For whatever reason, people (residents) have gotten ahead of themselves [lately],” referring to a number of after-the-fact filings in Rochester.

Farinon emphasized consistency and acknowledged those residents who follow the proper procedure.

Commission member Michael Conway, the only dissenting voice in the vote, spoke out against allowing the hot tub and patio to remain, citing poor project management and bad oversight.

“Nobody’s taking responsibility for messing up the job,” said Conway. “Nobody’s taking responsibility for not following the order of conditions.”

Charon excused the Kings by saying that a three-year project is “a long time” and some of the details get lost over time.

Conway asked if anyone could demonstrate that there was no practical alternative to the chosen location two feet into the 25-foot no-touch zone.

Charon again defended the Kings by questioning the threat the hot tub poses to the wetlands.

“It’s not a source of pollution,” said Charon, and the only way to rectify it would be to tear up the hot tub and disturb the area further, he stated.

Conway said the owners were fully aware of the work that could and could not be done.

“But they went ahead and did that anyway at their risk, and at their risk they may have to tear it up,” said Conway.

Chairman Rosemary Smith addressed Ms. King seated in the back of the room, saying that any work within the 100-foot buffer zone requires approval from ConCom. Smith said she did not think the owners “got it.”

King said being an absentee owner was difficult and she was unaware of the need to file, telling the commission, “It just never entered my mind, because it’s not what I do for a living … Obviously we learned our lesson.”

The vote was 4-1 in favor.

After the meeting, commission member Chris Post said she felt the matter was “pushing it.”

“And other people are going to look at it and say, ‘Why can’t I do that?’” said Post.

Smith commented that it was “only two feet into the 25-foot no-touch zone,” but added that residents still have to file with the commission before beginning any work within the 100-foot buffer zone.

Also during the meeting, the commission voted 4-1 to approve a Notice of Intent for Gloria Doviak of 356 Snows Pond Road to raze the existing house and build a new one within the 100-foot buffer zone. The matter was continued from October 7.

Immediate abutter Desmond White voiced concerns over the proximity of the proposed septic system to his existing well, asking if the septic could be moved farther away to protect the quality of his drinking water.

Farinon pointed out that the Board of Health would have to decide if the septic could be moved farther east, calling the matter conflicting interests between ConCom and the BoH.

White said he thought the sandy conditions of the soil would lead to the contamination of his well and then added that the proposed 1,120 square-foot house is over twice the size of the existing 350-square foot house.

“This is someone with a size ten foot that’s trying to put it in a size six shoe,” said White.

Commission member Laurene Gerrier voted against the motion to approve.

In other matters, the commission approved two Abbreviated Notices of Resource Area Delineation, one for Chris and Jennifer Gerrior of Perez Smith Lane, and one for Reg Schonborn of BWC Agawam River for a property off Braley Hill Road with a plan for a proposed solar energy facility. The commission did not dwell on any details pertaining to the proposed use of the land and focused solely on the acceptance of the wetlands delineation.

The next meeting of the Rochester Conservation Commission could possibly be on November 4 at 7:00 pm at the Town Hall, but since it is Election Day, legally there can be no public hearings held or votes taken. The next scheduled meeting to include public hearings will be November 18 at 7:00 pm at the Rochester Town Hall.

By Jean Perry

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Free Movie: Last Tuesday of the Month

Belle (PG, 104 minutes) is being shown at the Mattapoisett Senior Center, Center School, 17 Barstow St., on Tuesday, October 28 at 12:00 noon. Sponsored by the Friends of the Mattapoisett Council on Aging (formally known as the Friends of the Elderly), the movie is free.

Belle is a period piece based on the true story of a mixed-race woman raised in 18th century London by an aristocratic family. She becomes a wealthy heiress and a social outcast, an outspoken advocate of British abolitionism because of racial tension at the time. The film works as both an intimate character piece and as a broader glimpse into socio-economic conflicts regarding tolerance and perception.

You get two pizza slices for only $2 prepaid. Pay for your pizza at the Senior Center by Monday, October 27. Please call the Council on Aging at 508-758-4110 to reserve your seat; then we’ll know how many chairs are needed.

St. Gabriel’s Church Yard Sale

St. Gabriel’s Episcopal Church in Marion will be holding a Yard Sale on Saturday, October 25 from 9:00 am – 3:00 pm. The sale takes place in the Parish Hall of St. Gabriel’s Church, located at 124 Front St. in Marion. Items for sale include home and garden supplies, sports equipment, rugs, books, furniture and Christmas decorations. There will also be a bake sale at the same location, offering delicious fall treats! The sale is being sponsored by the Adult Choir of St. Gabriel’s, and proceeds will benefit both the music program and St. Gabriel’s outreach and relief efforts.

Sippican School Cedars

To the Editor:

When an extraordinary event takes place, I feel impelled to share the news! Last week saw the culmination of a lot of planning and above and beyond effort by numerous individuals and organizations from town and beyond. This collaboration resulted in an exciting and successful out-of-the-classroom experience for Marion 5th and 6th grade students. They got to relocate and plant 10 native Atlantic White Cedar trees behind Sippican School, and will be taught a new hands-on science curriculum during the remainder of the year. Kids got to enjoy nature, get their hands dirty and have a great time, all the while learning about trees and about local and regional land trusts and how they work to conserve land.

Sippican School Teachers Heather Sullivan and Erin Mahoney should be commended for their hard work navigating the challenges imposed on their schedules to ultimately offer an exceptional outdoor experience for their students. They embraced the opportunity, and will be working hard with the kids to tend to the trees and record scientific data for the rest of the school year.

Yelena Sheynin, Head Steward of the Sippican Lands Trust, and Linton Harrington, Education Outreach Coordinator for The Trustees of Reservations, both deserve huge kudos for the event’s success. The Trustees of Reservations generously donated the cedar trees from their tree nursery at Copicut Woods, and both individuals did extensive leg work to make sure the experience for the kids was informative, fun and ran smoothly.

A special thanks goes to the Sippican Historical Society for providing the funding that made transportation of the students on their field trip a possibility, as well as to Sherman Briggs Excavating who pre-dug and transplanted the cedars from Fall River to Marion free of charge.

For all of these reasons, I say this event is a cause to celebrate for the town of Marion! Collaboration yields such higher productivity on any task that is undertaken. It is especially meaningful when educators, non-profit representatives and even private business people work together for the common good, in this case local Marion students. Thanks to one and all and for reminding us why it is so good to live in a small town!

Robin Shields

Executive Director of the Sippican Lands Trust

 

The views expressed in the “Letters to the Editor” column are not necessarily those of The Wanderer, its staff or advertisers. The Wanderer will gladly accept any and all correspondence relating to timely and pertinent issues in the great Marion, Mattapoisett and Rochester area, provided they include the author’s name, address and phone number for verification. We cannot publish anonymous, unsigned or unconfirmed submissions. The Wanderer reserves the right to edit, condense and otherwise alter submissions for purposes of clarity and/or spacing considerations. The Wanderer may choose to not run letters that thank businesses, and The Wanderer has the right to edit letters to omit business names. The Wanderer also reserves the right to deny publication of any submitted correspondence.

Charity Golf Tournament

To the Editor:

On behalf of the Mattapoisett Police Officer’s Association, I would like to thank all the participants, sponsors, and volunteers of this year’s Mattapoisett Police Officer’s Association Charity Golf Tournament held on Oct 6th at Allendale Country Club in Dartmouth. Without your support and contributions, this year’s tournament wouldn’t have been the huge success that it was. With the money raised, we will be able to pay for student scholarships, host concerts, host parades, and other community sponsored events. We will also be able to contribute these proceeds to a non-profit organization called Cops for Kids with Cancer. These funds will help assist families who are going through this traumatic ordeal.

We hope to continue to host this charity golf tournament as a way to keep giving back to the community. Thanks again for your support, and I hope to see you all next year!

Sincerely,

Turner Ryan, Mattapoisett Police Officer’s Association

 

The views expressed in the “Letters to the Editor” column are not necessarily those of The Wanderer, its staff or advertisers. The Wanderer will gladly accept any and all correspondence relating to timely and pertinent issues in the great Marion, Mattapoisett and Rochester area, provided they include the author’s name, address and phone number for verification. We cannot publish anonymous, unsigned or unconfirmed submissions. The Wanderer reserves the right to edit, condense and otherwise alter submissions for purposes of clarity and/or spacing considerations. The Wanderer may choose to not run letters that thank businesses, and The Wanderer has the right to edit letters to omit business names. The Wanderer also reserves the right to deny publication of any submitted correspondence.

Board Drafts Letter to CVS Developers

With a unanimous vote, Marion Planning Board members approved a draft letter addressed to developers Robert Korff and Dean Holt of Mark Investments, LLC in response to recent pre-submission conferences, one of them attended by about 150 residents.

Board members agreed that during the last meeting, the representatives of the proposed CVS at the corner of Front Street and Route 6 provided sufficient information for the board to make an initial response to the plan.

The letter lists the requirements for when and if the developers proceeded with the application process, including all types of analyses and studies, and also a major site review. The list of requirements involved stormwater drainage assessments, environmental and engineering assessments which encompass traffic, visual impact analyses, and hydrologic and a hydro-geologic analysis, including impacts to wetland and surface water resources. Not to forget legal counsel.

The project would also have to move through the various town boards and committees, such as the Conservation Commission, Board of Health, Department of Public Works, Marion Resources Commission, Fire and Police Chiefs, and the Master Planning Subcommittee, among others.

“We urge you to seriously consider the recommendations made by the PB and members of the public at the October 6th, 2014 meeting when planning any such applications,” the letter states.

Current concerns in the draft letter remain consistent with those addressed during the October 6 Planning Board meeting held at the Marion Music Hall, where many residents shared the same concerns as the board.

Maintaining the character of Marion, storm drainage, flood plain issues, traffic, and of course, the relocation of the Captain Hadley House were all touched upon in the letter.

“This list is not to be considered as all-inclusive of the PB’s concerns and is provided to be instructive as to the general issues this proposed application raises, and to summarize the PB’s initial comments,” the letter reads.

The Planning Board also affirms in the letter that the board has taken no position either for or against the proposed plan “regarding the project at either pre-submission hearing.”

The next meeting of the Marion Planning Board is scheduled for November 3 at 7:00 pm at the Marion Town House.

By Jean Perry

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Town Meeting Bypasses Bylaws

Mattapoisett’s voters zipped through 15 articles at the Special Town Meeting on October 20 until they reached Articles 16, 17, and 18 dealing with changes to the current zoning bylaws regulating cluster housing projects.

Those articles, which had previously been vetted through the public hearing process by the Planning Board, were brought to the voters by Brad Saunders of D + E Management LLC, a Bay Club Partner.

Article 16 would allow for “zero-lot line lots in cluster subdivisions served by public sewer,” Article 17 would include “limited industrial district lands” in open space requirements in subdivisions, and Article 18 would “allow development of land for single family housing, to encourage the preservation of open space and promote the more efficient use of the land in harmony with its natural features.”

But before Articles 17 and 18 could be considered, several voters stood to voice their concerns regarding Article 16.

Bonnie DaSousa questioned why bylaw changes were inserted in the Special Town Meeting Warrant versus the Annual Town Meeting, and asked for their indefinite postponement.

Brad Hathaway said, “Friends, I don’t think we have all the information we need.”

Resident William Cantor said that more information was necessary, including maps of the town that would help illustrate the districts affected by the proposed bylaw changes.

Mattapoisett Highway Surveyor Barry Denham spoke to act on the articles in the Special Town Meeting forum, noting that in previous years such articles had been handled at this venue.

Selectman Paul Silva asked if any members of the Mattapoisett Planning Board were in attendance, but none were there to support or shed light on the articles. The Planning Board had submitted a letter to the selectmen that was read into the evening’s proceedings in support of the changes. The absence of any members from the Planning Board didn’t help Saunders’ presentation.

One by one, DaSousa made motions to indefinitely postpone acting on each of the bylaws. When Article 18 came up, she said, “I have particular concern (with this article) because of the sizeable tracts of land along the Route 6 corridor…” She said she was not comfortable making these motions and that she understood how difficult it was to construct anything in town, but felt it was necessary regarding these articles.

In the end, all three bylaw articles were postponed.

Those articles passing easily were:

Article 1: Property tax deferrals for active duty residents enlisted with the U.S. National Guard and Reserves until their return home, Massachusetts General Laws Chapter 59, section 5L.

Article 2: Interest reduction on senior deferred taxes from 8% to 4% beginning on or after July 1, 2015 for eligible taxpayers, Massachusetts General Laws Chapter 59, section 5, clause 41.

Article 3: Petition for special enabling legislation that would allow the Board of Selectmen to credit 100% of collected boat excise taxes to the municipal waterways fund instead of only 50%.

Article 4: Prior year bills that would allow the appropriation of $10,416 from free cash for the purpose of paying outstanding legal expenses from FY14.

Article 5: Regional agricultural school expense appropriation for the sum of $72,000 from the Regional School Expense Stabilization Fund to pay tuition to Bristol Agricultural High School for Mattapoisett students.

Article 6: Funding of road repairs in the amount of $275,000 from free cash for roads, drainage and sidewalks, including engineering and incidental costs.

Article 7: Contribution to capital equipment stabilization fund in the amount of $100,000 from free cash.

Article 8: Contribution to stabilization fund in the amount of $50,000 from free cash to support funding of this account.

Article 9: Funding of easement for bike path in the amount of $25,000 from free cash to pay compensation for taking land for the purpose of the multi-use bike path.

Article 10: Supplemental budget appropriation for the water and sewer department in the amount of $9,200 for FY15 annual operating budget of which $4,600 will be transferred from water retained earnings and $4,600 from sewer retained earnings.

Article 11: Sewer operating budget FY15 to transfer $261,000 from sewer retained earnings to cover projected revenue shortfall.

Article 12: Fairhaven sewer apportionment of sewer costs for Mattapoisett in the amount of $185,915 from Sewer Enterprise Retained Earnings to Sewer Enterprise Fund Budget as voted on May 12, 2014 annual meeting to pay Town’s share of annual sewer system costs to Fairhaven.

Article 13: Sewer project and grant for Industrial Drive in the amount of $1,200,000 by borrowing or transferring from any available state, federal or grant sourced monies to pay for the costs of installing sanitary sewer to Industrial Drive; 100% of the cost of the project shall be assessed as betterments and shall be borne by the owner(s) benefitting from the project.

Article 14: Water main design and engineering costs of unspecified amount from water retained earnings for the purposes of engineering and designing the replacement of the water main on Mechanic Street.

Article 15: Authority to negotiate “PILOT” agreement with solar power generation companies for the purpose of having a ‘payment in lieu of taxes’ as governed by Massachusetts General Laws Chapter 59, subsection 38H.

In a supplement handed out at town meeting from the office of the Selectmen was a report of the current fund balances listed in two categories: ‘Free Cash and Retained Earnings’ and ‘Stabilization Funds.’ In the first category, the following were listed: certified free cash – $842,135; waterfront retained earnings – $18,347; sewer retained earnings – $2,468,537; water retained earnings – $186,227; solid waste retained earnings – $22,325. In the second category, the following were listed: general stabilization fund – $1,725,494; capital improvement stabilization fund – $200,272; regional schools assessment stabilization fund – $409,840; SPED cost stabilization fund – $190,755.

By Marilou Newell

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Town Meeting Rejects Funding Annex Study

An article to appropriate $20,000 towards a feasibility study for the construction of a new Town Hall Annex failed after a majority voted against Article 5– and against all three selectmen.

Questions arose despite Town Administrator Michael McCue’s explanation of how the Town needs an annex of its own in order to circumvent an imminent increase in the cost of leasing the current location on Marion Road.

Interest rates are good, said McCue, and financial assistance from the State is available, so the time to begin studying the feasibility of constructing a new annex on Town-owned property between the Council on Aging and the Police Station on Dexter Road was now; however, Town Meeting members thought that later would be a better time.

One Town Meeting member said he himself leases land to towns in New Hampshire, and never is it better for a town to quit leasing in order to build, saying the price would be “astronomical.” Just look at the Rochester Memorial School project, he said.

“I thought we did a study already on the existing town hall,” wondered resident Nancy Mello. She asked how much the lease costs the Town annually, and got conflicting answers from the panel of town officials on the stage. Someone said it costs $38,000 annually, causing a bit of a stir amongst residents, until McCue stated the correct number was $2,300 monthly or $27,600 annually. McCue estimates that the next lease term would cost $2,500 monthly or $30,600 annually.

Other Town Meeting members who spoke said the Board of Selectmen should have appointed an ad hoc study committee to form a more concrete plan before asking for the money so that residents would have a clearer idea of what the Town wanted to pursue. And that is exactly what the Board of Selectmen will do at its next meeting, stated Chairman Brad Morse later during a follow-up interview.

The vote was 19 in favor, 22 opposed.

Town Clerk and Selectman Naida Parker’s Article 4 to appropriate $10,000 to purchase a new voting machine ultimately passed, but not until a resident’s request for clarification turned into an unnecessary “civics lesson” as Steve Burke himself put it.

Burke asked why the article stated two options – to either purchase or lease the equipment, asking which one it would be. Parker proceeded to describe the sorry state of the current machine before describing the one she wanted to purchase.

Parker said it took over five years for the federal and state government to approve this new class of voting machines, and she listed the upcoming elections for the next two years.

“Hey, you and I are high-fiving each other,” said Burke, assuring Parker that he was in favor of the article, but not needing too many details. He said all he wanted to know was whether the Town would buy the machine or lease it.

The chairman of the Rochester Finance Committee said FinCom recommended the Town purchase the machine. The vote to approve was unanimous.

Article 8 to amend the existing Home Business Zoning Bylaw, which the Planning Board and Zoning Bylaw Subcommittee worked on for months, was struck down, falling short of the required two-thirds vote to pass the proposed amendments.

Resident and Rochester Constable David Hughes initiated some doubt amongst voters when he challenged the Town’s ability to enforce one particular part of the proposed amendment that would restrict storage of vehicles on the property of a home business to locations not visible to abutters.

“If it’s registered, you can’t touch it,” said Hughes, asserting that the Town could not regulate the locations of stored vehicles.

Town Counsel Blair Bailey argued that the Town was perfectly within its right to enforce stored vehicle placement, as it currently does under other circumstances.

The vote was 29 in favor, 20 opposed, but the article failed without the two-thirds majority vote.

The Planning Board during its October 14 meeting voted to withdraw its Article 7 that would have amended the table of contents of the Zoning Bylaws, changing section numbers from Roman numerals to Arabic numerals. The board was not satisfied with the final result, and chose to hold off until the Annual Town Meeting to reintroduce the article.

The other five articles passed unanimously, including Article 1 to appropriate an additional $30,000 for Veteran’s Services, and Article 2 to transfer $36,900 from the Special Education Costs Stabilization Fund to defray unexpected SPED costs for fiscal year 2015.

Article 3 allows the Cemetery Commission to transfer $800 from the Cemetery Lots Fund to buy back a cemetery plot from a purchaser who no longer wants it, and Article 6 will appropriate $15,000 toward the Town’s Other Post-Employment Benefits (OPEB).

Article 9, another Zoning Bylaw-related article that simply grants “Flexible Development” its own section within the Zoning Bylaws passed unanimously with no questions from residents.

By Jean Perry

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Alexander Hamilton and the Art of Democratic Politics

The public is invited to the Marion Music Hall on Thursday, October 23 at 7:00 pm for a special lecture, Alexander Hamilton and the Art of Democratic Politics, with featured speaker David M. Prentiss. Co-sponsored by the Sippican Historical Society and Elizabeth Taber Library, the lecture will explore some of the fundamental challenges of democratic politics. What does it take to master the rough and tumble world of democratic politics and lead a nation through great difficulties and controversies? Is it possible to combine a vision of the country’s common good with the hardball politics necessary to make it happen? As Mr. Prentiss will explain, the person who can help us answer these questions today is Alexander Hamilton, George Washington’s first Secretary of the Treasury and key political advisor. It was Hamilton’s policy initiatives and political strategy that successfully guided the Washington administration through the host of economic and foreign relations crisis that the young nation faced. Hamilton’s deep understanding of democratic politics, along with his political savvy, analytical mind, and personal character, offer us lessons that apply to the challenges we face today with our own democratic politics.

David Prentiss teaches political science at the University of Massachusetts Dartmouth and is President and CEO of the New Bedford Symphony Orchestra. His lecture will be presented free of charge, with no reservations required. The Marion Music Hall is located at 164 Front Street, and ample parking is available across the street at Island Wharf. For more information, contact the SHS at 508-748-1116.