Flood Zone Bylaw at Issue at ConCom Hearing

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The Marion Conservation Commission had a full agenda on September 26 with a number of applications mostly dispensed without much fanfare, with the exception of the application for razing a house off Converse Road.

Nick Dufresne of Farland Corp. presented the Notice of Intent on behalf of Mark Ross of 195c Converse Road. The proposal is to raze an existing house on the lot, which is located at the end of a right of way, and replace it with a new home.

Commission members visited the site to review the wetland line, which was delineated by Brandon Faneuf of Ecosystem Solutions in February. Conservation Commission Chairman Jeffrey Doubrava asked if there were soil logs to substantiate the wetland line, data which Dufresne did not have.

“To be quite honest, the line seems either incredibly optimistic or arbitrary to me,” said Doubrava. “I could not convince myself there was any difference between the land landward and seaward – I could argue [the line] was 20 yards landward of where it was supposed to be.” He stated that the line appeared to be the limit of mowing, which looks as though it has been mowed for many years.

Member Cynthia Callow supported this idea, saying, “The groundcover looks a lot like salt marsh … work has been done that should not have occurred.”

At issue further was the reconstruction of the home in the velocity zone. Doubrava informed Dufresne that there is a town bylaw that requires new construction to occur in the A zone, if possible. Dufresne countered that if the structure was to be built in the A zone then they could not abide by the setback requirements.

“I’m not an attorney, but that’s actually contemplated in the bylaw if you need a variance to build in the A zone,” said Doubrava.

Dufresne said that he had already received setback relief from the building commissioner for the front property lines and had not been told anything about this particular issue.

Callow expressed her concern that the commission cannot rule against an existing town bylaw, while ConCom member Shaun Walsh suggested Dufresne speak with the building commissioner again and ask for a written opinion about the bylaw in question.

In the meantime, the commission will meet with Faneuf regarding the wetland line at their next scheduled site inspection.

Also during the meeting, Alan Harris of the Sippican Lands Trust received a Negative Determination for his RDA application to maintain a portion of an existing stone walking path to Brainard Marsh. The proposal is to place woodchips over a 60-yard stretch of the path, and to clear the encroaching vegetation, including invasive species. Harris noted this is a temporary solution, and the Land Trust plans to put a boardwalk in the location in the future as funds allow.

In other matters, David Davignon, of N. Douglas Schneider & Associates, sent a letter to the commission regarding the request for a Certificate of Compliance for an Order of Conditions for Copper Medal LLC. The certificate was for the completed 4-foot by 303-foot Association pier at 125 and 129 Converse Road. Davignon stated in his letter that the pier was constructed substantially as shown on the plan of record; therefore, the commission granted the Certificate of Compliance.

Ed O’Connell, chairman of the Indian Cove Trust, presented a RDA for the mowing of a 6-foot wide walking path along Stoney Brook. The mowing has occurred for the last 35 years with no permit. Member Joel Hartley noted that the old permit allowed a 3-foot wide path, but 6 feet seemed reasonable considering the current concern about Lyme disease. O’Connell was granted a Negative determination.

James Miranda asked for permission to park and store equipment behind a building located at 133 Wareham Street. The commission had concerns about maintaining permanent markers for the location of the limit of activity on this site. A Negative determination was granted with the express condition that Miranda install and maintain a row of permanent metal stakes a minimum of 30 feet from the wetland line, 8 feet apart and 4 feet high, beyond which activity is prohibited.

Christine Blindt received a Negative determination for her proposed 14-foot by 19-foot sundeck at 2 Harnum Way.

Chairman of the Marion Open Space and Acquisition Commission John Rockwell presented the results of the 2017 Open Space survey.

The survey was sent to all registered voters in town and received a 46 percent response rate. He drew the commission’s attention particularly to question 14, which asks what type of open space and recreation is important, to which harbor water quality was the predominant response.

Rockwell noted that the Conservation Commission knows best that, “What happens on the land ends up in the water.” The two biggest pollutants Marion contends with in its harbor are bacteria and nitrogen.

The biggest problem facing Marion marine resources is pollution from run-off. Rockwell pointed out that the run-off from the commercial areas in Marion goes directly into the state stormwater system, which flows directly into the harbor without any treatment. He stated that pollution reduction is more effective at the source, rather than at the point of discharge.

Rockwell also expressed disappointment that the number of respondents supportive of a local wetland bylaw has declined, with an increased number of people who have no opinion on the matter. He stated that education can go a long way to make the connection between an individual’s behavior and water quality in the harbor.

The next meeting of the Marion Conservation Commission is scheduled for October 10 at 7:00 pm at the Marion Town House.

Marion Conservation Commission

By Sarah French Storer

 

Rochester Artists Host an Art Show and Sale

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The Monday Morning Painters of the Rochester COA will hold an Art Show and Sale on Saturday, October 20, at the Rochester Senior Center, 67 Dexter Lane, from 10:00 am to 3:00 pm. A portion of the sales will go to the Friends of the COA. Lunch will be available by the Friends. The following artists will be participating:

Helen Johnson is mainly self-taught. After retiring from teaching, she took a four-session workshop with local artist Kate Fuller for people who always wanted to try watercolor, but never had, and she was hooked on painting. Currently, Johnson paints with the Monday Morning Artists at the Rochester COA and the Canalside Artists at the Bourne COA and is a member of the Bourne-Wareham Art Association, Marion Art Center, and the Taunton Art Association. She has received awards from the Massachusetts State Art Contest for Seniors.

Exploring art in many areas since high school, Betty Beaulieu has studied with various local artists. The Rochester artist has focused her interest in local history by preserving past and present local scenes in watercolor and oil paintings. Her paintings have won awards in many local art shows. Betty is a member of the Marion Art Center, Taunton Art Association, the Canalside Artists, and Bourne-Wareham Art Association.

A graduate of Massachusetts College of Art, Jane Egan is a multifaceted artist who works with a variety of mediums, including oil paint, watercolor, and pastel. Among Egan’s most recent accolades, she was awarded “Best of Show” for pastel works in both the Bourne-Wareham Art Association and Taunton Art Association member shows. Her pastel works have been juried into surrounding gallery exhibitions and national shows. Egan’s works have also been on exhibit at the Marion Art Center. Egan is an active member of the Bourne-Wareham Art Association, Pastel Painters Society of Cape Cod, Taunton Art Association, Westport Art Group, Cape Cod Art Association, and Marion Art Center.

Jennifer Cipriano’s artistic experience includes a preference for oil painting, but also other mediums, such as watercolor. She creates landscapes, botanical paintings, and animal renderings. She is a graduate of UMass Dartmouth – College of Fine Arts. She recently retired from a corporate position. She previously worked in the textile industry, retail advertising, and was a freelance scrimshander for 9 years with her works being sold nationwide. Cipriano is a member of the Marion Art Center and the Bourne-Wareham Art Association.

Janet McDonald took her first watercolor class six years ago after her retirement as an Operating Room RN. She paints three times a week with the Duxbury Tarlikin Schoolhouse Artists and the Canalside Artists in Bourne. She enjoys attending watercolor workshops to broaden her knowledge and style. Several of her paintings have won awards.

Marion Republican Town Committee

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The Marion Republican Town Committee will conduct its next monthly meeting on Monday, October 8at 7:00 pm at the Marion Music Hall, 164 Front Street, Marion. The public and new members welcome.

No Contract Yet for New Exec. Director

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The October 1 meeting of the Carver, Marion, Wareham Regional Refuse Disposal District Committee found the board still without a contract deal with Michele Bernier, the candidate the board selected as the new executive director of the regionalized trash district.

The position was left vacant in February 2018 after the board fired then executive director Ray Pickles and then charged him with fraud and embezzlement in a civil complaint.

Negotiations with Bernier began a month ago on August 29, and as of the first of October, there is no signed contract.

The board began its meeting on October 1 in executive session to discuss the negotiations with Bernier and then in open session gave almost no information on negotiation progress.

CMWRRDD Chairman Stephen Cushing representing Marion motioned that the board allow the three town administrators to proceed “in the way that we’ve instructed them to do.”

In a follow-up for clarification, Cushing confirmed that negotiations were still ongoing between the CMWRRDD and its first-choice candidate, Michele Bernier.

Marion Town Administrator Paul Dawson commented that he would know by the end of the next business day, Tuesday, October 2, whether Bernier accepts what might be the CMW’s final details of a contract proposal, or if the board will have to hold a special meeting on the position on that Thursday, October 4, at 5:00 pm at the Marion Police Station.

In a follow-up with Dawson Tuesday night, he stated that he had been in a meeting all afternoon, and had not spoken with the town administrators from Carver or Wareham; therefore, he did not know at that time whether Bernier had accepted an offer or not.

Bernier is currently the solid waste management director for the Town of North Attleboro. The board’s second choice was former executive secretary and DPW superintendent for the Town of Fairhaven, Jeffrey Osuch.

The next regular meeting of the Carver, Marion, Wareham Regional Refuse Disposal District Committee will be October 24 at 5:00 pm at the Marion Police Station.

Carver, Marion, Wareham Regional Refuse Disposal District Committee

By Jean Perry

ZBA Imposes Stipulations with Decision

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Chase Canopy, represented by Robert Field of Field Engineering, Inc., has been before several Mattapoisett governing bodies, including the Planning Board and the Conservation Commission, over the last month or so.

The application presented before each board has been pretty straightforward; Chase Canopy is desirous of expanding their footprint at their current location on Route 6 in Mattapoisett.

The business has been renting storage space at a Fairhaven location for a number of years and seeks to consolidate their operation at the Mattapoisett site. In order to do so, their application calls for the construction of an 8,000 square-foot building, the removal of storage trailers currently on the site, and the subdivision of a residential building situated on the 2.2 acres that constitute the property.

Simple enough, but added to this equation is the fact that part of the acreage falls into the historical aquifer protection district, and that Mattapoisett Building Inspector Andy Bobola instructed the applicant that the residential structure would have to be subdivided from the commercial sector before a building permit could be considered.

With the clock ticking down on a December deadline for the business owners to apply for a federal small business loan program administered by the Commonwealth of Massachusetts, Field has been successful in gaining, at the very least, provisional acceptance of the project.

At the September 4 hearing of the Mattapoisett Conservation Commission, the commission scoped out the necessary Wetlands Protection Act conditions that the project, as presented, would be required to follow. They also agreed that decades of use and disturbances of the property rendered the area unfit for wildlife despite the bordering wetlands, but that a pending decision from the Massachusetts Natural Heritage & Endangered Species Program (MNHESP) required the application to be continued.

Fields asked for, and received, a letter for the Zoning Board of Appeals indicating that the project, as submitted, would be acceptable if MNHESP renders a Negative determination on wildlife impact. The ZBA hearing was continued.

At the September 17 meeting of the Planning Board, the decision was that once the project cleared the Conversation Commission, the project would receive a Form A Approval Not Required decision for the residential lot subdivision, and that the site plan, as submitted, would be permitted. Fields asked for, and received, a letter to take to the ZBA hearing demonstrating the viability of the project as submitted. The Planning Board hearing was continued.

But those letters meant little to one ZBA member on September 27 when Field once again outlined the project, this time seeking a Special Permit from the ZBA.

After Fields presented the scope of the plan, including where decisions by the Planning Board and Conservation Commission stood, longtime ZBA member Mary Ann Brogan asked of Fields, “Have they been approved?”

Chairman Susan Akin responded, “We can put that as a stipulation that they must be done with Natural Heritage and that the subdivision be complete.”

The letters from the other governing boards were reviewed, but Brogan said, “We can’t approve till it’s subdivided – it’s like a Catch 22.”

Fields then explained the interpretation received from Bobola (who was not present), saying, “There’s no mechanism that says you can’t record this.”

Akin again stated, “We can make that as a stipulation.”

But Brogan was not moved to agree, saying that with respect to the Conservation Commission, “I think they are very lax bringing it to us before they approved.” At one point, she said she didn’t care about the letters that had been submitted by the other boards.

Speaking on behalf of Chase Canopy, Ben Philbrook, an employee, indicated that time was of the essence with local jobs weighing in the balance.

ZBA member Tony Tranfaglia pointed out that, even if the ZBA granted the Special Permit with stipulations, if the MNHESP does not approve the project, then it could not move forward.

Ultimately, the application for a Special Permit was granted with stipulations with Brogan in agreement.

Also receiving a Special Permit was Polly Rousseau of 96 Mattapoisett Neck Road for the construction of an oversized garage that will not include any dwelling spaces. The project had already received approval from the Conservation Commission and the Board of Health, according to Field who represented the applicant.

The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for October 18 at 6:00 pm at the Mattapoisett Town Hall if there are hearings.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

Mushroom Experts Show the ‘Fun’ in Fungi

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If you think about it, mushrooms are more like humans than plants – plants can use the sun to make their own energy, while mushrooms (and humans) are incapable of making their own energy. They’re ‘fleshy’ like us; some mushrooms even resemble humans anatomically, sort of, and they thrive in similar environmental conditions. And, like people, some of them are good for you, some of them are toxic, and some of them could kill you. What’s more, the genetics of humans and fungi show they share a common ancestor – likely a single-cell organism about 1.1 billion years ago!

No wonder there are people who devote their studies to the fascinating science of mycology – the study of fungi.

A couple of those mushroom experts from the Boston Mycological Club led a pretty big group of around 50 people out on a mushroom walk on Sunday, September 30, sponsored by the Sippican Lands Trust. Splitting into smaller groups, participants hunted the forest floor of the SLT White Eagle property in Marion for mushrooms of all shapes, sizes, and colors, and brought them all back to a long table for identification and discussion.

There was a small number of mushrooms that are edible, of course, but most of those mushrooms on that table you wouldn’t want to eat, whether they simply tasted bad, could make you hallucinate, could make you sick, or could make you die; some would make you really sick before you got better and felt good and then you’d die. And the thing is this, a lot of them look so much alike that only a true mushroom expert could tell the difference.

Having said that, I decided to refrain from any mushroom “identification” facts in this article to avoid misleading our readers down the path to their own peril. Instead, I’ll just emphasize the ‘fun’ in fungi and share some fun information about mushrooms that mycologists Ken Fienberg and Chris Neefus and a couple other mushroom enthusiasts shared on Sunday.

First, after the waivers were signed, of course, Fienberg and Neefus urged people not to eat any mushrooms based on the two mycologists’ identification of them – enough of a warning for many of us to jettison the thought of ever eating wild mushrooms that we ourselves identified, given that even an expert isn’t 100 percent certain.

There are actually many factors to identifying a mushroom beyond just its appearance. It’s important to take a good look at the base of the mushroom hidden beneath the earth. You have to look at where it’s growing – near pine trees, or oak trees? You have to peel back a layer or two, squeeze it a bit to watch it change color, even smear some on something like cloth or paper to see if it will make a stain within a minute. And, if still in doubt, you could always take a small bite and chew it just a little to ascertain whether it is bitter or not before spitting it out. After all, one must fully ingest a poisonous mushroom in order to be sickened! Then if you’re still unsure, just don’t do it.

“If I don’t know what it is, I don’t eat it,” said Fienberg.

If you’re interested in learning more about mushrooms from the Boston Mycological Club, the country’s oldest amateur mycology club, visit www.bostonmycologicalclub.org. To find out about future events sponsored by the Sippican Lands trust, visit www.sippicanlandstrust.org.

By Jean Perry

 

Octopurr Fest

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Come celebrate with It’s All About the Animals at the fourth annual Octopurr Fest! This family-friendly fundraiser & festival will be held rain or shine on October 14from 11:00 am to 4:00 pm, with winners announced starting at 3:00 pm. The event will take place at 103 Marion Road, Rochester, Massachusetts. There will be 25+ vendors with crafts, jewelry, homemade gifts, fashions for your fur babies, and much more. There will be a huge raffle table with valuable prizes to win, many silent auction items, a Tom Cat Ball Drop raffle with a prize of $500, face painting for the kids, music for all, and tours of our shelter. Enjoy lunch at the festival and freshly baked desserts from our bake sale table. Admission and parking are free! Well-behaved, leashed animals are welcome. 100% of all proceeds directly benefit the shelter!

One of our favorite silent auction items this year is a pair of Patriots tickets for the Patriots vs. Vikings game on Sunday, December 2nd! The tickets are for section 141, row 18, seats 6 & 7. We also have an engagement shoot or a pet (dog) session (winner’s choice) with D.A. Neitz Photography, valued at $750. These are just two of the many items generously donated by our sponsors and area businesses that will be available to win at Octopurr Fest. Come early and bid often!

It’s All About the Animals, Inc. is a 501(c)(3) non-profit, no-kill, all-volunteer, cage-free animal shelter located at 103 Marion Road, Rochester, MA. For more information, please visit our Facebook page @itsallabouttheanimalsinc, or our website www.itsallabouttheanimals.org. We hope to see you at Octopurr Fest!

Academic Achievements

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Shawn Arruda of Acushnet has been recognized for achieving academic distinction at the University of Massachusetts Lowell. Arruda, majoring in exercise physiology, was named to the dean’s list at UMass Lowell for the spring 2018 semester. To qualify for the dean’s list at UMass Lowell, a student must have completed no fewer than 12 graded credits for the semester and earned at least a 3.25 grade-point average with no grade lower than C and without any incompletes.

Patrick James Spencer

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Patrick James Spencer was a man with a giant heart, who loved his family unconditionally. Growing up in Lexington, Massachusetts, he was an avid sports player and fan, and a long-time fixture of the Hayden Recreation Centre, working as a camp counselor and a basketball coach for a boy’s travel team in the late 1970s and early 1980s.    A man with great wit, Patrick found humor in even the smallest of life’s details and had a way of putting into words the thought everyone was thinking in a kind, humorous, and concise way. He loved watching and keeping score of March Madness basketball, cheering on Notre Dame football, Providence College basketball, and the New England Patriots. He loved rototilling in his garden and canning his homemade tomato sauce. He loved a good mystery audiobook or classic radio show to listen on his drive to work (and he loved solving the mystery before the characters in the story would). He was a huge music lover, particularly of one-hit wonders and easy listening music. But, above all, he loved his wife and children.

A 1981 graduate of Bentley College (now Bentley University), Patrick worked as an accountant for Minuteman Regional High School, where he met his wife, Denise. He was currently working as the School Business Administrator at Old Rochester Regional School District.

Patrick passed away on October 1, 2018, at the age of 59. Patrick was the beloved husband of Denise (Bramanti). He was the loving and proud father of Theresa of Billerica, Anthony of Pelham, NH and Phillip of Billerica. Son of the late Robert and Helenann Spencer. Brother of Matthew of Stratham, NH, Brian & his wife Robin of Lexington and Michael & his wife Janet of Duxbury. Son-in-law of Lucy & the late Joseph Bramanti of Burlington. Brother-in-law of the Bramantis; Peter & Peggy, Jay & Jeanne, Robert & Linda, Chris & Gretchen. Patrick is also survived by many nieces and nephews.

Funeral from the Edward V Sullivan Funeral Home, 43 Winn St., Burlington (Exit 34 off Rt. 128/95 Woburn side) on Saturday, Oct 6 at 9 am Followed by a Mass of Christian Burial in St. Margaret’s Church, 111 Winn St., Burlington, at 10 am. Burial to follow in Westview Cemetery, Lexington. Visiting hours at the Funeral Home on Friday, Oct. 5 from 4-8 pm. Memorials in Patrick’s name may be made to the Patrick Spencer Memorial Fund, c/o Northern Bank & Trust, 13 Center St., Burlington, MA 01803 or Alzheimer’s Association, MA Chapter, 36 Cameron Ave., Cambridge, MA 02140 www.alzmass.org For directions & online guestbook see www.sullivanfuneralhome.net & www.stmargaretburlington.org

Mattapoisett Man Takes Tuna Fishing to TV

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A small boy sits in his boat while overhead the clear blue sky is filled with sun and soft clouds cast shadows across the surface of the pond. The child begins to imagine a life at sea: a life filled with days of fresh air, sunshine, and the thrill of the catch. He’ll dream of bigger boats and massive seas, and a much larger catch. His dreams will become his passion and his passion will become his life’s work.

As Mattapoisett’s Tyler Macallister tells it, “My grandfather Herbert Sunderman introduced me to fishing. He lived on Wequaquet Lake in Centerville. I started fishing a lot at a very young age with him on a small boat my grandparents had gotten for me.”

By the time he was 12 years old, Macallister would be well on his way to becoming a commercial fisherman.

“I started commercial fishing on a limited basis at twelve and commercial tuna fishing at seventeen,” he said.

Today, Macallister has created for himself and his family a lifestyle that allows him to hunt for tuna deep in the Atlantic Ocean, while also providing consultant services to the telecommunications and solar industries.

“I’ve built my life to function well around commercial tuna fishing,” he explained. The sound of his voice resonates with a sense of being very satisfied with his life choices, especially fishing. Macallister has also been a Mattapoisett Selectman since 2011and a commission member on the Conservation Commission from 2005 to 2011.

But his first love is clearly fishing.

The fishing vessel Cynthia C., named after his wife, sails from Sandwich Harbor, a historic port for both shore and offshore fishing.

“I bought my first commercial tuna boat in 2002,” Macallister said. “I started building the F/V Cynthia C. in 2001 and launched her in 2009. Bought F/V Cynthia C. 2 in 2016.”

Macallister has also known a bit of fame from tuna fishing. He has been featured on The Outdoor Channel on Trev Gowdy’s Monster Fish, New England Fishing, On The Water Television, Boston Magazine, Cape Cod Life, and various fishing blogs. And, oh yes, he was recently videotaped for the Discovery Channel’s Local Knowledge series.

While filming for the Discovery Channel, Macallister said the weather was terrible. “We saw one great white shark, which always makes good television, but only one bunch of fish.” And by 6:00 pm on the last day of filming, after sending the spotter plane home due to bad (atmospheric) light conditions, “and with no fish in the cockpit,” said Macallister, they suddenly spotted fish jumping in the water.

“We got very lucky,” Macallister said. “The fish came up, swam close to the surface, and we were able to catch two 500-pound tuna in about ten minutes, pretty much going from zero to hero.

“The show really captured the frustration and subsequent exhilaration of catching fish at the last minute,” he recalled.

Macallister said that back in the mid-1980s there was a great deal of pressure on tuna. But he said that fisherman, along with regulatory agencies, “made a lot of good decisions” that allowed the fish stock to rebound. However, tuna populations remained low through the early 2000s, driving up prices. Today the opposite is true.

“People often ask me about tuna prices. It varies between $6 and $8 a pound,” Macallister shared. “The fish have recovered in great numbers and fish farming allows tuna to be an on-demand commodity.” Abundance has driven down prices, while demand for the fish has remained high.

Putting the business side of fishing in the stern for a moment, the thrill of fishing is a powerful force. While out at sea, all other thoughts are blown away as the vessel advances on a school of tuna. Concentration is paramount so that safety is ensured.

“It’s not dangerous if you know what you’re doing,” Macallister said.

In the spring, when the tuna are traveling closer to the surface, Macallister uses a spotter pilot to give him the coordinates, allowing him to hone in on the fish.

“We harpoon fish in the spring,” Macallister explained.

Later on in the season when the fish are fattening up for their migration south, they travel deeper into the water column.

“That’s when we use rods and reels,” he said.

The biggest tuna Macallister ever hauled in weighed 1,150 pounds.

“They are big fish,” he said.

To find the tuna during the fishing season, which runs from June through October, professional fishermen must travel up to 70 miles out to sea. But Macallister also enjoys fishing closer to shore, especially if it includes young people. Macallister takes groups on fishing trips out of Mattapoisett Harbor in the spring, traveling about three miles out into Buzzards Bay.

“We go for sea bass, fluke, scup; it’s a lot of fun,” said Macallister. “They get a lot of action.” The beaming faces of the children tell him just how much he is influencing their young lives. “I really like taking the kids fishing.”

As a man whose outdoor interests are deeply ingrained, Macallister sees a need to engage our youths.

“We need more recruitment in the outdoors,” he said. “We need to get kids and young adults interested in fishing. If we don’t, fees collected by U.S. Fish and Wildlife Services, fees that help to support conservation efforts, will dry up.” He added, “Sportsmen support the majority of the conservation efforts in the US.”

As a professional tuna fisherman who has experienced the thrill and the challenges this type of hunting can bring, Macallister laughs at reality TV shows such as Wicked Tuna.

“Don’t believe it,” said Macallister. “That’s entertainment.”

The real tuna fishing is, no doubt, much more exciting.

By Marilou Newell