Planning Board Calls in $1.5 Million Surety

On October 3, the Mattapoisett Planning Board did something they have been contemplating for months, calling in a $1.5 million surety for a housing development built on what the board believes were empty promises.

Coming before the Planning Board on this night to discuss all matters related to Brandt Point Village, a single-family home subdivision that has seen investors and developers come and go over nearly 10 years, were Marc Marcus, the current investor and developer from Omega Financial and his attorney John McGreen. Also representing Marcus was Al Loomis of McKenzie Engineering.

Representing the Town was Jonathan Silverstein of KP Law and the Town’s peer review consultant, Ken Motta of Field Engineering.

There were two matters relating to the subdivision on the evening’s agenda: 1) a public hearing for modifications to the definitive subdivision plan, and 2) discussion and potential vote for Notice to Cure: Performance Secured by a Lender’s Agreement – Default, potential vote to call surety.

Chairman Tom Tucker said before the opening of the public hearing that the surety issue would be taken first before the Planning Board would open the hearing for modifications to the plan of record.

Tucker cited numerous requests by the board since 2016 for work to be completed on Phase 1, and status updates on a punch list of things incomplete and pending.

“How many times have these drop dead dates …” searching to find the words, Tucker continued, “Our job is to protect land owners and the Town of Mattapoisett.”

Tucker asked the board to consider calling the surety now, as the August 1, 2018 deadline for completion of all work on Phase 1 had come and gone.

But McGreen asked that his client be allowed to give an update now, so that the board could first learn what Marcus was requesting in terms of site plan modifications before calling in the money.

Tucker was not moved to do so.

McGreen and Marcus were able to say that work had been taking place on Phase 1, including a complete reconstruction of the main roadway into the development.

Gail Carlson, a resident of the development and former Planning Board member, has come before the board on nearly a monthly basis for the past year, alerting the board that work was not taking place as scheduled. She shared what she and her fellow homeowners in Phase 1 consider incomplete conditions.

From a letter presented at the meeting, Carlson read in part, “This project has been a long, protracted, and problematic one since its inception. … Brandt Island Realty Trust entered into a mutually agreeable time table on August 1, 2016 with a completion date of August 1, 2018.”

At the 2016 meeting, the Planning Board released three lots in Phase 2 based on the agreement that by August 1, 2018 all work on Phase 1 would be completed or the surety could be called.

Carlson reported failures in the community’s septic system, landscaped areas wild with weeds and construction debris, shabby exterior lighting with exposed wiring, along with other issues. Further, Carlson said that the homeowners had no representation in the Home Owners’ Association that she said is controlled by the developers. She accused McGreen of slurring the residents during an August 2016 meeting when he allegedly said, “…in case the natives get restless.”

Carlson read on: “Our quality of life and ability to fully enjoy our homes … has been affected. … We are embarrassed … due to the overall disrepair of the area.”

            Of the three lots in Phase 2 that were released, Carlson and others said the buildings were incomplete shells now in a state of deterioration, adding further to a neighborhood in distress.

Carlson said the principals of the realty trust had not lived up to the agreement executed in August 2016 and asked the board members to move forward “with any legal means afforded to them.”

            McGreen asked if he could respond to Carlson’s comments before the board moved to vote on the matter before them. He said that, because Carlson had been a board member, his client didn’t want to attend requested meetings because, “We thought Ms. Carlson was using her leverage on the board.”

Tucker responded, “She did not use any leverage – absolutely not!”

McGreen said that the majority of the complaints such as landscape and septic maintenance were the responsibility of the homeowners’ association, to which Carlson retorted,” There isn’t an HOA.”

McGreen continued, “We are going to call the homeowners’ association meeting to bring up everything here. They are going to pay their fair share.” He said that the developer had been providing mowing and plowing services, which garnered snickers from the neighbors who Carlson said had paid for plowing.

Planning Board member Janice Robbins said, “This is not the Town’s problem. You made an agreement; you promised to complete. … Tonight you are here because you knew (about the surety call).”

McGreen argued that the developer was paying for everything – a new entrance roadway, engineering, the peer review consultant, and even items he believed was the HOA’s responsibility.

Marcus told the board, “We are hoping for relief (on items incomplete on Phase 1) on what we have so far so we can get occupancy permits (on Phase 2 structures).”

Tucker responded, “Work has to be completed. I can’t believe you’ll complete anything.”

The surety was called by unanimous vote.

McGreen, along with Silverstein, discussed with the board the option of allowing the developer to draw down the $1.5 million surety amount by calculating the costs associated with completing work on Phase 1. The board agreed with this request, with Robbins saying, “The Town is entitled to the whole amount, minus any work.”

With the surety called, monies would now be available to the Town, which may elect to hire their own contractor to complete Phase 1.

The hearing on site plan modifications and associated costs was continued to October 15.

In other matters, Form A Approval Not Required applications from Michael Farrington LeBaron Way Trust, and David Sylvia and Ellen Horrocks, 31 Park Street, were granted.

A Form C Definitive Subdivision Plan, Snow Fields Estates, application by Dennis Arsenault was continued until October 15.

Site Plan Review for applicant Chase Canopy, Fairhaven Road, and Nicky’s Lane was approved.

The board members also discussed the draft medical marijuana bylaw. Planning Board Administrator Mary Crain asked the board to consider holding a public forum during the next regular meeting to vet the language, and a public hearing on a final bylaw amendment on November 5 in advance of the November 26 Special Town Meeting. All members were in agreement.

The next meeting of the Mattapoisett Planning Board is scheduled for October 15 at 7:00 pm in the town hall conference room.

Mattapoisett Planning Board

By Marilou Newell

 

ORR Football Secures SCC Large Title

Old Rochester Regional football didn’t mess around in the battle for the South Coast Conference Large title, doubling-up Somerset Berkley 38-19 to secure the title and a shot at the SCC championship game against the SCC small’s top contender.

The Bulldogs have now outscored their opponents 139-33. And that’s without the Bulldogs’ top offensive weapon, running back Will Garcia, in two of their five games.

“I feel like we’re playing great,” junior Jackson Cotesaid after Friday’s win. “I feel like a lot of people, without having Harry (Smith)and Emo (Schiappa)and Zach (Kelley), thought we were going to be a lot worse this year. I think we’ve proven to everyone that’s not the case.”

Cote was one of two Bulldogs to finish with over 100 yards on the ground, going for 141 on 15 carries. He also finished with two touchdowns. Desmond Diasalso ran for over 100 yards, finishing with 115 and a touchdown on 18 carries.

Cole McIntyrewould also score a touchdown on the ground, as well as connect with Tyler Noefor a 15-yard score through the air.

ORR (5-0, 4-0 SCC Large) will play the SCC Small champion on Friday, October 19. The time and location have yet to be announced. By winning the SCC large, Old Rochester has secured an MIAA State Tournament berth, as well.

ORR girls soccer extended its winning streak to 10 games with a 2-0 win over Apponequet on Monday. Meg Hugheswas the Bulldogs’ leader on offense, assisting on the game’s first goal and scoring the second. The Bulldogs are already a lock for the MIAA State Tournament, but they still hope to extend their winning streak.

“I think we’ve been playing great most of the games,” Hughes said. “But some games when we play teams that are at a different level and we’ve been sticking to them when we could be putting games away and scoring more goals.”

“We lost a lot of really talented players last year and the question was how was this group going to fill in,” ORR girls soccer coach Jeff Lombard said. “And [I’ve] been really pleasantly surprised with how they’ve filled in, how they play together and how they’re growing together.”

Old Colony

Old Colony football bounced back from its 8-0 loss in the fourth week of the season by plowing through South Shore, 30-6.

Old Colony quarterback Kyle Scholzdidn’t attempt a single pass in the win, but he didn’t need to, rushing for a team-high 173 yards on only 13 carries. He also found the back of the end zone twice, with Matt Bumpusscoring the Cougars’ other offensive touchdown.

“It’s nice to see him come along and progress,” Old Colony coach Brandon Mendez said after Friday’s win. “Hopefully it does something for his confidence. He’s a good athlete. He’s worked hard; hopefully, he continues that and continues to progress and get better.

“He’s an energetic kid,” Mendez continued. “He brings a lot of that to practice every day. We see a lot of that and are finally starting to put it together with the entire time. Hopefully, it springs — you know, if it’s one guy each weak that’s fine if it’s by committee, whatever works. Tonight it worked in (Scholz’s) favor.”

The Cougars also scored one defensive touchdown when Blake Dennisonblocked a punt in the first quarter, recovered the ball and rushed 17 yards for the score. Dennison and the rest of the defense tied their season-best in points allowed, only surrendering six to the Vikings.

“We take a lot of pride in our defense,” Mendez said. “So, not allowing a lot of points is something we pride ourselves on. We expect that. We expect to be physical, play assignments and really play stout defense.”

Tabor Academy

Tabor Academy girls soccer walked away with a 2-2 tie in Saturday’s matchup with Thayer Academy. Jaydah Bedoyahand Cat Barryscored the Seawolves’ two goals, with Barry’s coming in the 70th minute to salvage the tie. Following the tie, Tabor is now 5-1.

High School Sports Update

By Nick Friar

 

Sippican Woman’s Club

The Sippican Woman’s Club (SWC) invites members and guests to its Friday, October 12meeting. The program is: “Getting to Know You – Reflection & Sharing”. After a year hiatus, Sabrina Woods will return to SWC. She will lead us in a fun, engaging warm-up exercise, followed by a more meaningful conversation to allow for a deeper sense of connection. Our goal is to get to know you better! For both effective results and participation, we will invite you to do some preliminary writing in advance. You will have the chance to reflect on topics ranging from favorite foods to proud moments to how you most enjoy spending your time. Facilitator, Sabrina Woods, from Providence, RI, works as a holistic career/life coach, workshop facilitator, and public speaker.

Our meeting is held at Handy’s Tavern, 152 Front Street, Marion at 12:30 pm. Parking is available at Island Wharf parking lot. Guests may RSVP to: Info@SippicanWomansClub.org. For membership information, contact Jeanne Lake at 508-748-0619 or visit our website: www.sippicanwomansclub.org.

Images: The Lands of the Sippican Lands Trust

The Marion Art Center (MAC) is pleased to announce its next exhibition, “Images: The Lands of the Sippican Lands Trust.” The show runs Friday, October 12 – Saturday, November 17, 2018, with an opening reception to be held on Friday, October 12, from 6:00 pm – 8:00 pm at the MAC, located at 80 Pleasant Street in Marion.

This biennial exhibition, in conjunction with the Sippican Lands Trust (SLT), is one of several initiatives by the SLT to encourage visitors to enjoy the properties around Marion. This non-juried exhibition is open to all and the works depict scenes from SLT properties with the locations identified by the artists.

The Marion Art Center is a non-profit organization focused on the promotion of visual and performing arts. The galleries are free and open to the public Tuesday through Friday from 1:00 pm – 5:00 pm and Saturday from 10:00 am – 2:00 pm.

Friends of the Mattapoisett Council on Aging

The Friends of the Mattapoisett Council on Aging (FOTMCOA), a non-profit, non-governmental group, has been aiding COA programs and supplementing the needs of senior citizens in the community for many years. During that time, the FOTMCOA has purchased furnishings, appliances, and televisions that the COA has used in its social rooms for the benefit of seniors frequenting the COA.

            In the community, the FOTMCOA has provided financial support to seniors in need of such items as a new refrigerator or kitchen stove.

            The group also sponsors the monthly COA newsletter “Seasonings,” as well as hosting various special event luncheons throughout the year giving seniors the opportunity met up with other seniors for a bit of fun and food, social emotional support enriching the lives of Mattapoisett’s senior population.

            The fundraising work of the FOTMCOA supports COA programs, education, and other needs for which public funds are either not available or need supplementing.

            Due to a decrease in membership, new members are now urgently needed to carry on the mission of the FOTMCOA.

            Can you help? If you can share an hour once a month to attend the FOTMCOA meeting or wish to assist in any way possible, please contact Anne Bartnowski at 508-758-4603 or email at annebartswife@yahoo.com.

UCT Eighth Grade Open House

Upper Cape Cod Regional Technical School, located at 220 Sandwich Road in Bourne, will hold their annual Eighth Grade Open House and Career Exploration on Thursday, October 18from 5:30 pm to 8:00 pm.

Upper Cape Tech has been servicing the towns of Bourne, Falmouth, Marion, Sandwich and Wareham for over 50 years.

Roger Forget, Assistant Superintendent/Principal, reports, “All academic and technical programs will be staffed including Auto Collision Repair, Automotive Technology, Carpentry, Cosmetology, Culinary Arts, Electrical, Engineering, Environmental Technology, Health Technology, Horticulture, HVAC, Information Technology, Marine Technology, and Plumbing and Heating.” Prospective grade eight students can witness shops in operation with teachers available to answer questions.

Superintendent Robert Dutch explained, “The Open House is an excellent opportunity for prospective eighth graders to check out the technology for the jobs of today’s economy.”

For more information about the Open House, please call 508-759-7711, ext. 200.

Nicholas “Nick’ Mendes

Nicholas “Nick’ Mendes (USMC, Ret.) age 80, of Rochester passed away peacefully on Tuesday, October 9, in Bourne. He was predeceased by his parents, Antonio and Agnes (Tavares) Mendes.

He is survived by his wife, Setsuko, of Marion; brother Andrew Mendes and his wife Rose of Marion; sister Natalie Mendes of West Hartford, CT; niece Karen Christmas and her husband Sharrieff of Middleboro; nephews Michael Mendes of Wareham and Christopher Mendes and his wife Adriana of Merrimac, NH.

Nick was born in Rochester on August 21, 1938. He graduated from New Bedford Vocational High School in 1958. He enlisted in the US Marine Corps in 1958 and served honorably for 23 years, achieving the Staff Non-Commissioned Officer rank of Master Gunnery Sergeant with advanced training in telecommunications. His service included tours in Viet Nam and Okinawa and in various US Marine stations in the states. He was the recipient of seven (7) commendations, medals, and awards during his years of service.

Nick was an avid reader with a remarkable knowledge of US history. He enjoyed nothing more than a spirited discussion of the political issues of the day. He loved music, especially jazz and the blues, accumulating an amazing music collection. He faced many challenges in his later years but was a fighter to the end. He will be missed.

Relatives and friends are invited to visit at the Chapman, Cole, & Gleason Funeral Home, 2599 Cranberry Hwy (Rt. 28), Wareham on Saturday, October 13, from 9 to 10:30 am. A funeral service will follow at 10:30 am. Burial will be in Evergreen Cemetery, Marion.

Memorial donations may be made to the Agnes T. Mendes Memorial Scholarship Fund, c/o UMass Dartmouth Foundation, 285 Old Westport Rd, Dartmouth MA 02747.

Investigation Suggests Spirits ‘Live’ in Library

It’s that time of the year when children begin planning their Halloween costumes in anticipation of shouting out that well known call of the wild, “Trick or treat!”

The Halloween festival season also brings to mind episodes of things that are unexplainable. Things like unusual noises coming from empty rooms, smells emitted from closed closet doors, voices, and apparitions. Some people are true believers in ghosts and spirits mingling with living, breathing people. Some people are not.

Either way, the team members of S.P.I.R.I.T.S of New England, a paranormal investigatory group, respect people’s opinions on the subject. But if you have something going on in your home, these folks will provide an investigation at no cost. That may speak volumes on their commitment to acknowledging the presence of spirits or debunking such claims.

On October 5, the Mattapoisett Public Library invited Jack Kenna and Ellen MacNeil co-founders of S.P.I.R.I.T.S of New England, along with team members Sharon Koogler, another co-founder, and investigator Sarah Campbell to give a presentation on the subject of paranormal activity. During the group’s visit to the library last year some “strange things” happened, Kenna said. This year, after the presentation, they would be searching once again for spirits in the heart of Mattapoisett.

Kenna’s presentation was peppered with anecdotes of paranormal events the team has discovered. He told a story about being in a car accident after leaving an investigation at the Taft Public Library in Mendon. He said it was an example of what he called an “attachment.” He said that he had neglected to remove spirits who might try to follow him by burning sage and dousing himself with the smoke. Next thing he knew, his car was involved in an accident near the site of a fatal accident some years prior. Kenna said he heard a spirit in his head saying, “Carlos … here … hit … pain … police.”

“I think Carlos attached himself to the car,” said Kenna. “He wanted to communicate with us.”

Kenna was also clear that, at times, his group is able to disabuse people of their belief that spirits are in a building. For example, he told a story of an investigation where photographed “spirit” images turned out to be a stack of cleaning supplies in a closet.

“It’s not always what you think it is,” Kenna said. “As investigators, we need to dig deeper – have to be careful what you’re claiming.”

And while Kenna has enjoyed filming for reality television programs, in one episode the production company made it appear as though a spirit had possessed Kenna. Kenna explained what really happened.

Kenna said that he had asked a spirit how to communicate with him. “I started to feel shaky and like I had a fever, something I had never experienced before.” He said that was the difference between reality and reality TV. According to Kenna, most of the time investigations are more like “watching grass grow.”

In a follow-up, MacNeil told The Wanderer, “We are skeptics. A lot of times we can explain away what people think is happening. We want to help, to give comfort of knowing.”

But Kenna did offer more than half a dozen cases where the team recorded audio of voices presumed to be those of spirits and videotaped evidence that seemed to confirm the presence of paranormal activity.

One of the more tender stories Kenna shared was an investigation aboard the USS Constitution.

While investigating witness testimony that voices spoke to some of the crew and shadows passed through rooms, Kenna was able to capture EVP – electronic voice phenomenon. On the audiotape, which he shared that night, are the voices Kenna says are of a sailor talking about the history of the ship. Then there is a pause, followed by another sound. Slowing down the audio to discern audible language, Kenna said it is the voice of a young boy who died while crewing on the ship in the 1800s. The child seems to be saying, ”and a bear,” adding to the historical narrative of the sailor. Kenna said this was clear evidence of paranormal activity since only someone living aboard the ship in that bygone era would know that a bear had been on the ship as a pet.

MacNeil shared that in 2010 while conducting an investigation, she experienced the presence of a spirit when it placed its hand on her shoulder. She explained that it was very rare for a spirit to actually touch a living person. She considers herself honored by the experience.

Liz Sherry, a librarian at the Mattapoisett Library, shared that there have been stories about unexplainable events taking place in the library for years.

“Items have been moved to the locked attic, books scattered on the floor, and, recently, someone screamed, but no one knew where it came from,” said Sherry. She added, however, that she has never been fearful of being in the library, even alone.

Another time when the S.P.I.R.I.T.S team investigated the library, it captured some EVP evidence – a disembodied voice that seemed to be saying, “Calvin.” It was confirmed that there had at one time been a janitor by that name, and another voice that responded, “a friend,” when asked, “Who is there?”

So what happened this year when the team investigated? Well, if you don’t want to be shocked, stopped reading now.

In a follow-up interview, Kenna reported that participants who joined the investigation were split up into two groups. Armed with ghost finding electronic equipment and the age-old dowsing rods, the group investigating the Children’s Department found the presence of a man from the 1800s who died in a factory accident. Kenna said that by asking a series of questions the spirit was able to respond via an electronic processor that utilizes lights to interact with the living. The factory worker responded that he couldn’t read, but enjoyed listening to stories being read to the children.

In a space near the conference room adjacent to the Children’s Department, Kenna said his team picked up a male spirit and a child. They asked the child if it was responsible for knocking books off the shelves – the response was yes.

Kenna said he believes there is a spirit portal in the subterranean space, a hole in the space-time continuum, where spirits are entering and existing at will. But be not afraid, Kenna said, for they are all friendly spirits.

By Marilou Newell

 

Preschool Screening Clinic Scheduled

The Old Rochester Regional School District will be holding its annual screening clinic for three and four year olds on the following dates and locations:

Tuesday,October 16, 2018– Rochester Memorial School, 16 Pine Street, Rochester, MA 02770

Wednesday,January 16, 2019-Center School, 17 Barstow Street, Mattapoisett, MA 02739

Thursday,March 21, 2019– Sippican School, 16 Spring Street, Marion, MA 02738

The screening clinics are a service to young children and their families in Marion, Mattapoisett, and Rochester. The screening will look at social emotional skills, cognitive development, speech and language development, physical development, vision, and hearing.

If you question your child’s development in any of these areas, please contact Robin Mobley in the Early Childhood Office at 508-748-1863 or email robinmobley@oldrochester.org for further information or to schedule a screening appointment.

Mattapoisett Files for Federal Grant

At the end of July, the Town submitted an $8.5 million dollar grant proposal to the Federal Department of Transportation (“DOT”) to reconstruct Industrial Drive and build a separated bike/pedestrian path from the North Street “Park and Ride” to the Marion Town line. Mattapoisett Town Administrator Michael Gagne described the project’s benefits: “It will facilitate industrial and commercial development, improve public safety, and increase connectivity for bikers and walkers across the region.”

            Friends of the Bike Path identified the grant opportunity in late June through their contacts at East Coast Greenway, a national organization that promotes an off-road bike touring route from Maine to Florida. Friends’ volunteers worked with the Town to define the proposal and meet the tight application deadline.  The potential economic impact of the project is substantial due to new opportunities to build new or expanded facilities and add new jobs in a current industrial district of the Town.  Letters of support came from Representative Bill Straus and the Massachusetts Secretary of Transportation who stressed the importance of economic development in the area. A team of volunteers, consultants, and Town staff are working to ensure that all eligibility requirements will be met. The date of grant award notification is December 18, 2018. If the Town is not awarded a grant and DOT does not commit all the money, the Town will be eligible to submit for a second round of funding.

            The grant, called “BUILD,” is administered by Federal Highways Administration. It is a funding opportunity for transportation projects that assist economic development and regional transportation connectivity. At least $450 million, and possibly more, is reserved for projects in rural American communities. Industrial Drive and the half mile to Marion are classified as rural areas. Rural communities often lose funding opportunities because of they lack organizational resources to apply for such funding. Much of the work of writing the grant was done by volunteers from the Friends of the Mattapoisett Bike Path.

            If the Town is awarded a grant, the results would be:

1) A safe crossing of North Street plus a new bike lane or sidewalk near the Park and Ride;

2) A revised and safer vehicle intersection at Industrial Drive and North Street (with turning lanes, through-traffic lanes and islands to separate traffic), and;

3) A separated path for bikes and pedestrians along Industrial Drive, including a “realignment” of the road so walking and biking will be on the north side of Industrial Drive, to avoid most driveways and trucks. The road work will allow Industrial Drive businesses to upgrade their sewer systems, introducing new opportunities for expansion and facilitating more diverse businesses.

            The grant would include paving the existing gravel water service road east of Industrial Drive to Marion Town line where it would meet Marion’s Bike/Ped Pathway, establishing an attractive connection to Marion on the Old Boston and Maine Railroad Right of Way and a 20-mile regional bike route on a car free bike path and low traffic rural/small town roads. All components have received some planning attention over the years.

            The grant application shows how concurrently developing the bike path and the Industrial Drive Rehabilitation can improve public safety, recreational and tourist amenities, and economic activity in one complete project. Barry Denham, Mattapoisett’s Highway Surveyor, who has overseen multiple road reconstruction projects, immediately saw the benefit of applying for the grant.  “We are going to have to do the pre-design engineering work for reconstruction of Industrial Drive now over 50 years old, which is deteriorating due to heavy truck traffic. Doing the engineering work for the Shared-Use Path at the same time makes sense. This is just packaging several pieces together since they interconnect.” The grant application emphasized that conducting all the work along this mile and a half would make for a more efficient project, reduce overall costs, minimize disruption, and be consistent with the federal BUILD ONCE philosophy.

            Gagne explained, “A key part of the grant requirements is being ‘shovel ready.’  Federal funds will only be freed up if all permits are in hand by Fall of 2020. We want to have the engineers and experts working to produce the design, engineering and analysis in early 2019 so that permit submissions can be made well in advance of the ‘shovel ready’ deadline.” The work is straight forward, but the review process could take some time. Some of the design costs could be reimbursed through the grant.”  He also noted that this is a “Smart Growth” project: “Construction at an already developed Industrial District near the highway exit will increase and diversify the town’s tax base and provide job opportunities for residents while minimizing impacts to the residential character of the Town by being in a current existing town industrial district.”