Federal Court Upholds Buzzards Bay Oil Spill Prevention Rules

            They keep losing, but that hasn’t stopped the oil industry from trying to undo the Massachusetts Oil Spill Prevention Act (MOSPA). For the fourth time in a little more than a decade, the Coalition has assisted in successfully defending Buzzards Bay’s hallmark protection law.

            This month, a federal district judge rejected an out-of-state oil shipping industry group’s legal challenges to state oil spill protection laws for Buzzards Bay. The ruling by U.S. District Court Judge Denise Casper represents a complete denial of efforts to invalidate the provision of the Massachusetts Oil Spill Prevention Act, which requires all oil barges to be guided through the Bay by a tugboat escort.

            “There is no disagreement here in Massachusetts about what works to prevent oil spills in Buzzards Bay and for more than a decade we’ve successfully implemented a model program,” said Coalition President Mark Rasmussen. 

            “Ironically, after all of these lawsuits, I’ve come to the sad realization that it’s actually our state’s success that is most dangerous to the oil transport industry. But each court win strengthens the law and our resolve as we remain vigilant against any efforts to weaken protections for our coast.”

            MOSPA was enacted in 2004 in response to the Bouchard 120 oil spill in Buzzards Bay. In response to the disaster, the Coalition led the successful effort to draft and win passage of the state law, which has survived repeated challenges. The law requires tugboat escorts for all barges carrying oil through Buzzards Bay.

            The most recent legal challenge came from the tug and barge industry group American Waterways Operators (AWO), which filed suit in federal court against the U.S. Coast Guard in October 2018 to challenge the validity of the tugboat escort requirement. The Coalition and Massachusetts State Attorney General Maura Healey joined the case as interveners in opposition to the group’s challenge.

            The Coalition’s senior attorney Korrin Petersen said the tugboat escort requirement is a common-sense measure that is regularly used by local mariners.

            “What was most puzzling about AWO’s case was how it was in direct conflict with their members who transit Buzzards Bay. The local tug and barge companies who operate here have welcomed the assistance of an escort tug and rely on it regularly.” Petersen said. “Mariners who frequent our often-dangerous Bay know that having an escort tug on hand to help prevent accidents just makes sense.”

            Each year, more than 2 billion gallons of oil pass through Buzzards Bay. It is a major transport route for barges carrying oil and gasoline through Cape Cod Canal to Boston and northern New England. The tugboat escort requirement has documented benefits in preventing oil spills.

            The Coalition is grateful for the continued Pro Bono representation of Jonathan Ettinger at Foley Hoag LLP in defending the Bay from future oil spills. Ettinger has worked with BBC since 2005 on this issue and was recognized with the Buzzards Bay Guardian Award in 2011.

Buzzards Bay Coalition

Michael Graca, Communications Director

Blanche B. Perry Scholarship

The Mattapoisett Land Trust is seeking applicants for their $1,000 “Blanche B. Perry Scholarship”. This award is available to a Mattapoisett resident interested in the field of Environmental Studies, Sciences, Technology or a related field, and is a graduating senior from a secondary school by June 2020. The scholarship is made available through the Edith Glick Shoolman fund, a bequest left to provide support for children in the community. Offering this scholarship is consistent with the MLT’s mission to “preserve land in order to enrich the quality of life for present and future generations of Mattapoisett residents and visitors.”

            Along with the application, the following additional information is required:

            1. A personal statement about career goals as they relate to the mission of the MLT, past and present.

            2. A signed community service form documenting a minimum of 20 hours of community service.

            3. A professional letter of reference (teacher or guidance counselor)

            4. A character letter of reference from an employer, scout or community leader and or neighbor is required.

            5. An official school transcript including credits and class rank.

Applicants will be assessed according to academic achievement, personal statement, professional and personal references, community service and financial need. Preference will be given to individuals who are members of the Mattapoisett Land Trust or whose parents or grandparents are members of the MLT.

            Participating School are: ORRHS Marion Road, Mattapoisett 02739; Bishop Stang High School 500 Slocum Rd, N Dartmouth 02747; OCRVT High School 476 North Avenue, Rochester MA 02770; and Tabor Academy Front St Marion, MA 02738.

The deadline for submitting the forms will be April 27, 2020.

            The recipient will be selected by May 18, 2020 and will be notified by mail. The recipient will be recognized at his or her school’s awards ceremony. The award will be disbursed after the student submits an official college transcript documenting successful completion of his or her first semester in college to the President of the Mattapoisett Land Trust.

            The application forms will be found in the guidance offices at the local public and private schools and at the Mattapoisett Land Trust website: www.mattlandtrust.org/education/

Elizabeth Taber Library

Throughout the month of February – Blind Date with a Book! Check out a book sight unseen and discover new authors and genres. You might just fall in love.

            February 11 at 4:00 pm – 3D printed Valentines! Come turn your drawings into bookmarks, valentines, keychains and more. Use our 3D printer to make unique Valentines. 

            February 18 from 5:30 to 7:30 pm – Adult Crafting Club! Join our new monthly adult crafting club led by local artists. First up: Books Crafting with Jessica Harris. Turn old books into exciting works of art. Spaces limited, so please call or sign up at the library.

            Starting February 18 – Take-Apart Table! Explore the inner workings of common machines by taking them apart. Tools and safety equipment will be provided. The take-apart table is open to all. Donations of old machines welcome!

A Moment to Yourselves

What?! FREE Valentine’s Day Babysitting for children ages 4-11? It’s true! Let First Congregational Church of Rochester, 11 Constitution Way in Rochester, watch your children on Friday, February 14 from 5:00 to 8:00 pm so that you can get some much-deserved quality time away! CORI’d adults and youth will keep your kids busy with dinner, games, crafts, and maybe a movie while you enjoy a moment to yourselves. Register at vbspro.events/p/moment2020 or call the church office at 508-763-4314.

Permitting for 40R Housing Officially Begins

            After months of preparation and a number of informal technical review meetings with the Rochester Planning Board, Steen Realty & Development’s hearing for a special permit to build a 208-unit affordable housing development at 22 Cranberry Highway was officially opened.

            Engineer Phil Cordeiro ran through the basic details of the proposal: four, four-story multi-family buildings, stormwater management plans, entrances proposed for Routes 28 and 58, and the utilities and easement that would dictate where the actual project construction could be sited at the 10.4-acre property.

            The initial application included provisions for commercial development on the site, and while the developer does still intend on operating as a mixed-use project, construction pertaining to commercial development has been omitted.

            “We agreed to remove commercial, given its general nature and the relative unknowns in regards to the tenancy,” said Turner. “This is a mixed-use based project,” he said again for clarity.

            Future plans to provide for commercial development will reappear before the Planning Board under a separate site plan review application.

            As for the residential project, Cordeiro continued, “All of the conditions, setbacks, [and] dimensional requirements… are met on this plan,” as per the new Smart Growth Overlay District Bylaw.

            Emergency access has been ironed out, and conditions will allow fire apparatus to access all the four floors of the 55-foot high buildings both inside and outside without any additional designated fire lanes.

            “This project meets everything that you’d expect in terms of operational demand,” said Cordeiro.

            Cordeiro asked for four waivers, including one related to the distance of the subsurface drainage systems from a neighboring leaching field, and one to reduce the groundwater separation requirement from three feet, the town’s standard, down to two feet, the state’s standard.

            Johnson informed Cordeiro that the board does not grant any waivers for drainage until the peer review consultant gets a chance to weigh in on the proposed system. Johnson also asked to see the specs for any signage.

            Andrew Delli Carpini, CEO of the abutting Seasons convenience store, then joined the conversation and expressed his concern about developer Ken Steen’s project essentially eliminating one of Carpini’s two access points to the store and gas station.

            Steen’s project calls for the relocation of the road that Seasons customers use to enter from Route 58, and eventually one of Steen’s commercial buildings would be sited between Seasons and the new road that would provide access to Seasons.

            “We feel that that causes us a tremendous concern in terms of the access and traffic flow to our site, as well as safety concerns with some of the trucks… that access our facility,” Carpini’s attorney said on his behalf.

            Carpini told the board that after five years since proposing the convenience store and since it opened three years ago, had he known that Steen’s residential development would take away one of his egress points he “would have walked away” from his project.

            “The challenge here is we want to be able to keep safety, but we also want to keep access to our facility,” said Carpini. He asked the board is they would grant him a one-way entrance to make up for the loss.

            “I love the project, I support the town… but not at the cost of an access point,” Carpini said. “I only have two [access points]; three years into the project I’m told I have to eliminate one.”

            Chairman Arnie Johnson understood where Carpini was coming from and said he would agree to find a way to incorporate a second access point Seasons.

            “I think you need a second access point and, the question is where,” said Johnson. “I think you should have two access points.”

            Johnson referred to Seasons having just one access point for such a volume of traffic “probably a recipe for disaster”.

            Steen said he would be willing to carve out a compromise that both parties would find agreeable.

            “We’re in support of the project,” said Carpini, just not at the cost of his business.

            The public hearing was continued until February 12.

            Also during the meeting, Austin Turner on behalf of Pedro Rodriguez for Solar MA Project Management, LLC, re-entered the public hearing arena to give some updates to the plan that resulted from comments received by the board’s peer review engineer.

            The proposal is for a large-scale solar array field at 0 Walnut Plain Road.

            Turner made it clear that the developer is amenable to all of the suggestions, but some of them likely would not apply for one reason or another.

            For example, Turner agreed to updates to the proposed bonds, but the request to widen Old Middleboro Road cannot apply to certain areas like where a utility pole currently sits and where a line of wetlands lies immediately adjacent to the roadside. Turner suggested abiding by the 16-foot width in all places where possible, but hoped for leniency in those two specific areas for a variation of a 14.5 to 15-foot width.

            “We’ll widen it to the extent that we can,” Turner said, which Planning Board Chairman Arnie Johnson found acceptable. Johnson said those changes should be classified as a “field change” and marked when they come up along the way as a condition of approval.

            Turner found the request to survey the existing stone walls agreeable, but he commented that he was willing to pick out the stones of the walls after clearing takes place as an interim step during construction.

            Johnson asked Turner to tape off the area so no workers with machines would overstep the stone wall areas, another condition of approval.

            The grading calculations of the center line of Old Middleboro Road was another request, which Austin said may not be required since the center line grade is not slated to be altered, but he had no problem marking the grade in the plan as requested.

            Turner said he was hoping the board would close the public hearing that night and vote on a final decision the next meeting, but Johnson reminded him: “We don’t vote at the next meeting.

            “We get a draft decision and then we review that,” said Johnson, “so it will be the last meeting in February, probably.”

            In other matters, the board granted an Approval Not Required to Michael Bare, 265 Braley Hill Road.

            The next meeting of the Marion Planning Board is scheduled for Wednesday, February 12, at 7:00 pm at the Rochester Town Hall.

Rochester Planning Board

By Jean Perry

SLT Superb-Owl Walk

Sippican Lands Trust is leading a “Superb-Owl” Walk in honor of Super Bowl Sunday on February 2. This crepuscular walk in the woods will start at 4:00 pm at Sippican Lands Trust’s Hagemann Woods property and end by 5:30 pm back in time to leisurely head off for Superbowl kick-off.

            The walk will start at our Hagemann Woods property and explore this forested area for owls. While hearing an owl early in the evening would be nice, it isn’t a sure thing. Owls are busy with their nesting time and hopefully calling more than often.

            Hagemann Woods is a 23-acre parcel acquired by Sippican Lands Trust in 1998 and features white pines, oaks, red maples and mixed wetlands providing a wide range of wildlife habitat. The parking area for Hagemann Woods is located off of Point Road approximately two miles south of the intersection of Route 6 and Point Road in Marion.

            The walk is free for members with a suggested $5 donation for non-members. The walk is weather dependent, and participants should be dressed for muddy paths and/or frozen stretches. Headlamps or flashlights are suggested for the walk back to the parking area. This year’s Superb-Owl Walk will cover approximately 1 to 1.5 miles depending upon the pace of participants. If the Superb-Owl Walk is canceled due to inclement weather, then information will be posted to SLT’s website and Facebook page. For more information about this walk contact SLT at info@sippicanlandstrust.org, call 508-748-3080, or visit www.sippicanlandstrust.org.

Friends of the Mattapoisett Council on Aging

The friends of the Mattapoisett Council on Aging 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 senior frequenting the COA.

            The group also sponsors the monthly COA newsletter “Seasonings,” as well as hosting various special event luncheons throughout the year giving seniors the opportunity to meet up with other seniors for a bit of fun and food, social and 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 annebartnowski1@gmail.com.

ORR DECA Success

Old Rochester is proud to welcome DECA (Distributive Education Clubs of America) to its plethora of extracurricular activities. DECA is a program dedicated to preparing young students for the real world. Specifically, it focuses on a wide variety of business subjects, from management to accounting to tourism. There is something for everyone to do in DECA, and there is something for everyone to get out of DECA. There are over 250,000 members nationwide, and a striking 50 students at Old Rochester. The Club was founded at Old Rochester Regional High School in 2019 by Eddie Gonet IV and Ryu Huynh-Aoyama. They shared a vision of educating students about business and real-life necessities. Old Rochester lacks business classes, so many students are left in the dark about taxes, credit, and other life essentials.

            On January 9, the club went to their first competition in Hyannis. All of the students were surprised by how well the chapter performed. For not having any business classes, they are sending 21 students to compete at the next level of states. They were hoping to send a handful of students, nevermind half of the chapter! Some of their top performers actually placed top 3 in their competitions. Some of the top performers include: Brendan Burke, 1st Place in the Sports and Entertainment Marketing Series; Edward Gonet IV, 1st Place Principles of Business Management and Administration; Gwen Miedma, 2nd Place Principles of Hospitality and Tourism; Aiden Harrington, 2nd Place in the Sports Entertainment Marketing Series; Sean Lund, 2nd Place  Hospitality Services Team Decision Making; Samuel Harris, 2nd Place Hospitality Services Team Decision Making; Amaya McLeod, 3rd Place Hospitality Services Team Decision Making; Emily DellaCioppa, 3rd Place Hospitality Services Team Decision Making; Ryu Hyuhn-Aoyama, 3rd Place Entrepreneurship; Theodore Carroll, 3rd Place Hotel and Lodging Management Series.

            Next, they will be competing at the state level in Boston. They will be competing alongside roughly 3,000 other students who qualified to go there from around Massachusetts. They would also like to thank Tremblay’s Bus Company for superior transportation services! Best of luck to ORR DECA in all of their business endeavors!

            Photos courtesy of ORR

Uncovering Local Talent

The first thing one sees when approaching a stack of Wanderers is our bold and colorful cover photo. Designing an attractive and interesting cover every week is something we at The Wanderer strive to accomplish with every edition we produce. We know what it takes to compose a great photograph and we know a potential cover when we see one. And lately, we have seen a whole lot of potential out there in you, our readers, and we like what we see.

            There are a lot of talented photographers out there in the Tri-Town. Almost every day somebody is posting photos of a Tri-Town landmark, event, or scene in nature that we find extraordinary. Facebook is flooded with such images, and when we see something extraordinary we can’t help but think, “Wow, that would make a great cover for next week’s Wanderer.”

            Twice a year we hold space on our cover for original artwork submitted by our readers in our Halloween and Groundhog Day Cover Contests. This year’s winner for our January 30 Groundhog Day edition is Grace Hebert of Mattapoisett with her rendition of a groundhog popping up from his winter home on February 2 only to see his shadow beneath a clear and sunny sky. We truly enjoy each and every submission and love it when the winner comes in smiling to collect her $100 prize money.

            This year we thought about how unfortunate it is that we only do this once a year, which is why we decided that we shouldn’t have to wait until Halloween to see the cover submissions start pouring in again.

            The Wanderer is starting a new community cover initiative this year, and we want you to show us what you can do; make us say “Wow, what a great cover this would make!”

            The Wanderer is “calling all covers” from the community that we serve, and if your photo or cover artwork is selected for one of our covers, you will receive $50 and full cover credit for your efforts.

            If you see something beautiful, interesting, serene, or funny; if you attend an event and somehow capture its entire essence in one photo, then we want to see it!

            Submit all photos or original artwork to news@wanderer.com with your name, address, and phone number, and if we select your submission for an upcoming cover, we will reach out to you. So let’s wow our readers with another extraordinary cover photo courtesy of our community! Uncover your talent and land yourself on the cover!

Committee Names Town Administrator Finalists

            It may feel like a long and winding road, especially for outgoing Town Administrator Mike Gagne, but Mattapoisett now has three viable candidates to consider as Gagne’s replacement.

            The town’s first solo effort to find worthy candidates ended when it was determined that professional help was needed. The firm of Community Paradigm Associates, LLC of Plymouth was hired to help post the job and assist the town by profiling the community and its needs on various internet platforms and publications, along with the labor-intensive task of screening applicants based against the scope of the job and the skill sets they possessed. Those efforts brought forth 40 applications. Of those, seven semi-finalists were identified after long hours spent interviewing candidates, completed in partnership with the town’s screening committee.

            Mattapoisett’s screening committee members were Don Carlstrom, John Decosta, Jim Turse, Pat Donoghue, and Bonne DeSousa. On January 23, they presented the Board of Selectmen with three finalists for their consideration.

            The Board of Selectmen will publicly interview those finalists on January 28, beginning at 4:00 pm in the Town Hall conference room, with each interview planned to last one hour.

            The finalists for the position are James Duggan, Michael Lorenco, and John Bugbee.

            Duggan, of Dracut, holds a Bachelor of Arts in Political Science from Westfield State University and a Master’s degree in Public Administration from Suffolk University. He lists his current position as Town Administrator of Dracut. He was previously the Chief Administrative Officer for the Town of Gloucester.

            In his introductory letter Duggan wrote, “Over the course of my tenure of 30 years in public management, I have been fortunate to have been involved in various communities that have enabled me to utilize my strong organizational, communication, and leadership skills. Having examined the impressive solid foundation that has been built and maintained by Mattapoisett’s administration, elected officials, volunteers, and employees, I am confident that my background of directly related experience, appropriate academic qualifications, and management style will fit perfectly in the town’s administration.”

            Lorenco, of Harwich, holds a Bachelor of Arts degree from Bentley College in Corporate Finance and a Master’s degree in Public Administration from Suffolk University. His current position is listed as Assistant Town Administrator and Finance Director for the Town of Eastham.

            Lorenco wrote in his letter that his experiences in Eastham, where he had worked on municipal budgets, state public procurement regulations, organization and personnel management, as well as union negotiation and grievance processes, now puts him in position for the next step in his career. He said it was “a natural progression and opportunity for professional growth.” He also noted, “I have vast personal knowledge of Mattapoisett, as it is my hometown for most of my life. For over 30 years my family called Mattapoisett home.”

            Lorenco wrote that his father is a business owner in town and that his brother is a former police officer in the community.

            Bugbee, of Attleboro, holds a Bachelor of Arts degree in Political Science and History from Roger Williams University and a Master’s in Public Administration from Bridgewater State University. Bugbee is currently the Chief Procurement Officer for the Town of Franklin and previously held the position of Town Administrator for the Town of Tisbury.

            Bugbee shared in his introductory letter: “As the Town Administrator in Tisbury I was in charge of drafting and presenting the town’s annual budget; overseeing all personnel within the town which included negotiating three separate union contracts, drafting and implementing a personnel manual and performing all employee evaluations.”

            He went on to say that he drafted grants that were successful and worked collaboratively with five island town administrations to develop shared municipal services and countywide collective needs.

            Earlier in the meeting, Gagne had commented that, unlike when he first entered public service, such positions are not learned while study for a bachelor’s degree.

            “It was much harder today to work your way up through the ranks because the job of a town administrator has changed and is changing,” said Gagne. “It’s very complex.”

            Echoing those sentiments, Selectman Paul Silva said of the role of a selectman: “Our roles have changed, department heads have changed, state and federal requirements have changed – these are complex demands.”

            “We have gained a lot of knowledge of the candidates,” said search committee member Carlstrom, offering the selectmen some of his insights. Silva, however, said he would rather “do it raw” as he heads into Tuesday’s interviews, and Selectman Jordan Collyer said, “I don’t want any bias.” 

            With public interviews now scheduled for January 28 at 4:00 pm, the BOS scheduled private one-on-one meetings for January 31 if the individual selectmen wished to conduct such meetings with individual candidates.

            In a follow-up, Silva said that “candidates might be more comfortable” answering questions during a one-on-one interview in a “closed-door environment”.

            Collyer said that, should he feel the need to ask further questions one-on-one, “The door would be open to anyone” who wished to sit in on the one-to-one interviews.

             In another follow-up with The Wanderer, Gagne shared town counsel’s guidance on the matter of individual interviews which read in part: “…there is no violation of any provision in the Open Meeting Law…” if the selectmen wish to obtain additional information. They cannot, however, discuss their “thoughts or impressions outside of an open meeting”.

            The Mattapoisett Board of Selectmen is also scheduled to meet on February 4 at 6:30 pm during which time they hope to announce their selection.

            Former Selectman Tyler Macallister had resigned from the Board of Selectmen last fall, stating at that time that he would be pursuing the town administrator’s position. On January 26, he told The Wanderer, “I did apply for the position and I was interviewed.” He went on to say, “I think it’s great that the town has three real good candidates.

            “But it was always my intention, if I didn’t get the job, to pull papers and run for re-election,” continued Macallister. “I talked extensively with the [State Ethics Commission] and they were specific that I had to resign (as selectman) before I began any part of the town administrator process.”

            The Mattapoisett Board of Selectmen is also scheduled to meet on February 4 at 6:30 pm.

Mattapoisett Board of Selectmen

By Marilou Newell