The A, B, Cs of Subdivisions

The Mattapoisett Planning Board agenda on August 5 contained A, B, and C subdivision filings in various stages of approval and/or completion. Subdivisions can be very complex or very simple and understanding the language and technical elements of each can be, at times, vastly more challenging then learning the a, b, cs. 

            Coming before the Planning Board with a Form A Approval Not Required application was Jane and William Farran for property located at 112 Angelica Avenue. Represented by Douglas Schneider of Schneider, Davignon and Leone, Inc., the applicants planned to divide their 50-acre parcel. Their home is located within the massive tract, most of which is currently in a purchase and sales agreement with the Mattapoisett Land Trust. The goal is to maintain a lot for their private use and convey the balance to the land trust for permanent passive recreational and conservation purposes.

            This type of subdivision filing does not constitute a subdivision within the meaning of the Subdivision Law; therefore, Planning Board approval is not required. However, according to according to Chairman Tom Tucker, a review by the Planning Board of the plans is prudent. As with all land related matters, appropriate documentation, surveys, deeds etc., to support the request are needed. Form A is for the creation of a lot on an approved road with the appropriate frontage and set-backs said Director of Inspectional Services Andy Bobola.

            Farran’s request was accepted as presented.

            The Form B application is a request for preliminary approval of a proposed subdivision as defined by the Subdivision Law. Engineered drawings, conceptual designs, plot plans, and other supporting documentation will be required in this type of filing.

            Presenting a Form B filing was Schneider who told the Planning Board that Jay and Julie Starr-Duker’s property is a legally non-conforming lot with no frontage along Aucoot Road. To access their property, they use a right-of-way that was executed in the 1940’s. But, Schneider said, the couple wished to secure legal frontage. He said that every time they planned to do anything to their property issues arose due to not having frontage and they sought a remedy to this problem by seeking Planning Board approval.

            The request presented a new set of questions for the Planning Board – was this filing really appropriate under the terms of the subdivision law given they weren’t creating lots, only frontage.

            Board member Janice Robbins questioned, “Why do they want frontage, they have legal easement?”

            “Because they don’t want to go before the board of appeals every time they do something to their land,” Schneider replied.

            But Robbins said the language in the subdivision law did not include such a request.

            Planning Board Administrator Mary Crain interjected, “Town counsel said phrasing this as a subdivision may not be the right language: he suggested an Approval Not Required (Form A).”

            “But they’re not creating a new lot,” Robbins said again, “So an ANR might not work.  Just because they don’t want to go back to the ZBA, we are being asked to try and fit something … this doesn’t come within the subdivision rules. I don’t know if there is any remedy from the Planning Board.”

            Chairman Tom Tucker said, “Well, town counsel said we could do an ANR. What are we paying him for.”

            Robins retorted, “I don’t see it.”

            Tucker asked Schneider, “Would you like to come back after we’ve had time to talk further with town counsel?”  The filing was continued until September 16.

            The last two filings of the evening were Form C Subdivisions.

            The Form C application is a request for approval of a subdivision plan. Again, plan documents and all related materials are required. This type of application also encompasses filings for the addition of land to an existing lot or the creation of a lot that is not buildable per the Zoning Bylaws.  

            Of the three types of applications, the Form C may require surety, a financial encumbrance placed on the project by the municipality to ensure the project will be completed as designed and approved in the plan-of-record. That surety may be in the form of cash, bond, or withholding lots within the subdivision. These measures are designed to protect the town and the future home owners against developers whose plans fail to meet established standards, timelines, and permits issued by the town.

            Terrance Granahan requested the release of a $5,000 surety for a project known as Appaloosa Lane. The small two lot subdivision roadway was now complete, Granahan said, and had been inspected by Highway Superintendent Barry Denham. Tucker confirmed that Denham had submitted a letter certifying the construction had met standards. Release of the surety was approved.

            Scott Snow came before the Planning Board for a final review of his plan-of-record for a Form C subdivision known was Eldridge Estates located at 6 and 8-8R Prospect Road. The Planning Board was satisfied all documents had gone through a month’s long review process. After advising Snow about the next steps which included having the documents executed and providing stamped mylar engineered drawings and notarized signatures, the Planning Board voted to sign their decision for approval of the project. Planning Board member Karen Field abstained from the vote.

            The next meeting of the Mattapoisett Planning Board is scheduled for August 19 at 7:00 pm in the town hall conference room.

Mattapoisett Planning Board

By Marilou Newell

Maurice Roland Belliveau

Maurice Roland Belliveau, 85, of Bourne died Sunday, August 11, 2019 at his home surrounded by his family He was the husband of Jean M. (Amaral) Belliveau. He will be remembered as a loving husband, father, grandfather, and friend.

            Born in New Bedford, he was the son of the late Emile J. and Delia (Vaudry) Belliveau. A previous resident of Buzzards Bay, Mr. Belliveau moved to Rochester where he lived for many years before moving back to Monument Beach. He was a winter resident of Naples, FL.

            Mr. Belliveau was an equipment installer for New England Telephone and retired in 1991. He was a member of the Telephone Pioneers of America and IBEW.

            Mr. Belliveau was a Korean veteran and served in the U.S. Navy from 1952 to 1956.

            Survivors include his wife; his children, Susan Belliveau Latino and her husband Joseph Latino of Shelton, CT, Lori Belliveau Sweeney and her husband Jack Sweeney of Pocasset, and Glenn S. Belliveau and his wife Judy of Rochester; his grandchildren,who he adored, include Samuel Sweeney, Jonathan Latino, Thomas Sweeney, William Latino, Tyler Belliveau, Jessica Belliveau and Sarah Belliveau. He was predeceased by his brothers, the late Emile, George and Roger Belliveau.

            Relatives and friends are invited to visit at the Chapman, Cole & Gleason Funeral Home, 2599 Cranberry Hwy. (Rt. 28), Wareham on Thurs., Aug. 22, 2019 from 4 – 7 pm. A private ceremony will be held at the Mass. National Cemetery, Bourne.

            Donations in his memory may be made to New England Donor Services, 60 First Avenue Waltham, MA 02451.

Beverly Yacht Club hosts U.S. Adult Sailing Championship

Beverly Yacht Club will be hosting the prestigious U.S. Adult Sailing Championship Regatta for the Clifford D. Mallory Trophy with racing commencing on September 5and running through September 8. Racing will take place in the outer harbor on a fleet of J80 sailboats. 12 teams from across the country have been chosen to compete via an application process. The 12 Skippers hail from Minnesota, Florida, Texas, California, New Hampshire, Maryland, Ohio, North Carolina, Michigan, and Massachusetts. Our own Chip Johns will be representing Beverly Yacht Club and the Southern Massachusetts Sailing Association.

            The highly regarded group of sailors, including past Mallory Trophy champions, have experience in over 15 classes of boats ranging from J80s, J70s, J24s to Etchells to Sonars to Melges to dinghies, including Lasers, 420s and kiteboarding. The talented group of sailors is comprised of National Champions, many former collegiate sailors including College All Americans, and those with an impressive amount of offshore sailing experience. This will be some very exciting close course racing.

Rochester Grange Fair

The Rochester Grange Fair is just a week away. With 1000 books spread out the Tri-Town area with all the rules and information, it is hoped that many of you will be checking them to see what your entries in the fair will be. Get your friends and neighbors, children and grandchildren to enter as well. First, second, and third prizes are awarded in all categories. Listed in the fair book are fruits, vegetables, flowers, handcrafts (sewing, needlework, painting, etc.), canning, and baking. A conservation category just for kids under 16 is also in the book. Separate papers on this contest can be found at the Plumb Library in Rochester. Remember, the book is only a guide. If you have something you would like to enter and it is not listed, bring it down to the Grange Hall anyway. Entries will be taken on Friday, August 16from 2:00 pm to 4:00 pm and 7:00 pm to 8:30 pm. Judging will begin as soon as all entries are in place. Anyone may enter from the age of 5 years and up and is not limited to just Rochester, but surrounding towns may enter as well. The fair will also include a bake table, raffles, and an auction of produce from the fair. For information on the fair contact Sue or Herb at 508-295-8908 or at sash48@comcast.net.

Thoughts on: When the Circus Came to Town

Every kid of a certain age dreamed of running away with the circus. Short of hopping on a train and sleeping with the elephants, I lived the next best thing … the circus was in my back yard!

            In the late 1950’s, the Clyde Beatty Cole Brothers Circus visited Mattapoisett and for three days set up shop in the field at the end of our lane. Before there was a funeral home and a condominium complex, a police station and a future fire station, the second greatest show on earth (the first was Ringling Brothers) raised its tents in what was then Mahoney’s Field. This was no small time traveling show with one ring, a few ponies and a dog act like those that visited the same field years later. This was the “Big Top”.

            It arrived in the middle of the night on flatbed trucks with elaborate circus wagons, animal cages, and a grand calliope chained on top. By dawn the roust-a-bouts had begun unloading the giant canvas tent which would house three rings and over a thousand spectators, nearly the population of the entire town. Horses and pachyderms, aerialists, lion tamers and popcorn vendors, clowns and pretty girls in brightly colored costumes would soon perform for little kids, sticky with cotton candy, and to the delight of the young at heart.

            The giant tent towered over the field where I once played ball and picked raspberries. Smaller tents became the side show and clown alley. Ticket and souvenirs booths would be up by noon ready for the first show at 7:00 pm. Performers began to rehearse their acts balancing on giant balls or contorting their bodies in all manner of positions and clowns painting on their funny faces while other workers fed the animals. There were mobile homes where the performers lived many of whom ventured into the village. A few, like the band leader, stopped by my father’s barber shop for a haircut resulting in free tickets for each performance and permission to mingle with acrobats, tightrope walkers, jugglers, and clowns.

            Each night the crowds came early to pay extra to see the bearded lady and the tattooed man. They filled the seats under the big tent and listened to the deep voiced Ring Master directing their attention to one ring or another while they oohed and awed at the flying trapeze artists. Everyone went home happy.

            Then the circus was gone as quickly as it arrived. A virtual city vanishing during the night. Mahoney’s Field returned to being an empty lot where hay would be baled and wild raspberries would be picked. A place where a young boy ran away with the circus and for three days would awake to the sounds of elephants trumpeting and the roar of lions and tigers – a twelve-year-old’s fantasy come true.

By Dick Morgado

Annual Marion Town Party

The Annual Marion Town Party will be held on Saturday, August 24(rain date is Sunday, August 25, 2019) on the grounds of the Marion Town House, 2 Spring Street. Festivities begin at 4:00 pm. Marion Firefighters Association will partner with the Marion Harbormaster Department. All proceeds are for local community and departmental needs. 

            To kick off the party, we will have a Touch-a-Truck event that will be held from 3:00 pm until 5:00 pm on the ball field behind the Town House. Fire, Police, Harbormaster, and other vehicles will be on hand.

            Some of the activities are the Carabiner’s Rock Wall, inflatable games from ABB Moonwalk, and Face Painting by Handi Mandi. All free!

            Food and drinks will be available for purchase beginning at 4:00 pm. Night Flight Music and DJ Gary Seed will play your favorite music. The bonfire at the end of the evening is always a crowd favorite!

            Once again organizers are seeking corporate sponsors. We have different levels of sponsorship. Also, we will be selling advertising space in the Town Party booklet. This is a great opportunity for local businesses to get the word out and advertise their businesses.

            Donations from the community are needed to help underwrite the event. Food, services, cash, or any other in-kind donation would be greatly appreciated. All contributions are tax deductible. Please “Like” our Facebook page – Marion Town Party.

            For further information, or to make a donation, please contact: Chris Berg at 508-776-1615, Steve Gonsalves at 508-264-5852 or Donna Hemphill at 508-748-3515, email to mariontownparty@gmail.com or you may send a check (made out to Town of Marion) to the Marion Town House, c/o Marion Town Party, 2 Spring Street, Marion, Massachusetts, 02738.

Thank you for your support.

Taber Library Happenings

There will be a Summer Picnic Potluck on Tuesday, August 13at 6:00 pm at the Elizabeth Taber Library, 8 Spring Street. Bring your friends and family, as well as your favorite summer picnic food to share! 

            Chess Club with Jim Kegle is held on Tuesdays from 5:30 pm – 6:30 pm – Drop-in on Tuesday evenings for our new chess club! All ages and experience levels are welcome. Get free instruction or just grab a game. Chess sets provided.

Warren Briggs

Warren Briggs, 85, passed away peacefully on August 8, 2019 at his home in Marion, MA. His family and friends will always remember him for his clever wit, irrepressible sense of adventure, and his willingness to march to his own drummer.

            Warren Grover Briggs was born on August 6, 1934 and grew up assisting his father on the Briggs’ Poultry Farm in Mansfield, MA. A quick study, Warren excelled at school and received a BS in Business and Engineering Administration from MIT (’56), an MBA from the Harvard Business School (’59) and a Phd in Operations Research from MIT'(’64) while also working at Corning Glass Works, the Rand Corporation and the US Army’s Aberdeen Proving Grounds. He married his former German professor at MIT, Renata Hofman, in 1961 and settled in Wellesley, MA where they raised three children while Warren worked as a consultant for Harbridge House.

            In 1969, desiring a more balanced family life, Warren joined the faculty at Northeastern University, where he chaired the new Management Science group. He subsequently taught at Bentley College and Northeastern’s MBA program in Athens Greece, and MIT’s Sloan School. In 1979, Warren joined the Suffolk University Business School, where he founded and chaired the Computer Information Systems department. Warren taught at Suffolk for 32 years and was beloved for his dynamic lecturing style and for leading Executive MBA trips with his wife Renata to  China and Argentina.

            Warren and Renata moved to Marion, MA in 1988, where he continued to enjoy his beloved “village life” for many years after his wife, Renata, passed away in 2002. Warren was an avid fly fisherman, hunter, “tinkerer”, collector of duck decoys and world traveller. He traveled far and wide, from Patagonia to New Zealand to Scotland to the Caribbean, always in search of the best fly-fishing spots. He even ventured to the Arctic to see polar bears. Locally, Warren spent his time volunteering for the Marion Congregational Church and various Harvard and MIT reunion committees. He cherished his time boating on Marion Harbor, hunting with his various chocolate labs and fishing with a group of loyal buddies with whom he regularly gathered. He was truly an independent spirit – a practical New Englander who loved to “think outside the box” and who was curious about everything. Anyone who knew him has an antic or two of Warren’s that they could describe.

            Warren Briggs was predeceased by his wife, Renata Hofman Briggs (2002) and sister Carol Briggs Ten Broeck (2016). He will be sorely missed by his children and their respective spouses, Rolf (Barbara), Wyman (Laura) and Monica (Stef), as well as his three granddaughters, Elizabeth, Allison and Katherine Briggs, and his devoted caregivers and family friends, Linell Dean and Steve Scanlon.

            A service in celebration of Warren’s rich and adventurous life will be held at the First Congregational Church in Marion on Saturday, September 7th at 10:30 am. In lieu of flowers, donations can be made to the Marion Congregational Church.  For online guestbook, please visit www.saundersdwyer.com.

Another Successful Great Community Picnic

It was as if the evening had been specially designed for the event: warm gentle breezes, skies blue with icing of gauzy white clouds, a picture-perfect location by a harbor sporting a glorious glassy high tide. Yes, perfect in every way for an event that has become an annual gala – the Great Community Picnic.

            The annual fundraiser is a joint effort of the Mattapoisett Land Trust (MLT) and the Mattapoisett Historical Museum, now known as the Mattapoisett Museum (MM). It brings together two of the most important organizations the town can call its own: an active land trust striving to protect and conserve sensitive tracts of land, as well as fresh and salt water quality, and a museum that holds a wealth of internationally important historical artifacts and data, while evolving to become an even greater influence and center for cultural activities. A truly winning combination. But how was the idea of a summer’s picnic conceived?

            According to the museum president Jennifer McIntire, it came about through good old-fashioned brainstorming. “We had been trying to think of a way to hold a fundraising event together,” she said. Nothing the two teams thought of seemed to click.

            Then Chris Demakis, who is an MM board member who had attended a diner en blanc thought maybe that concept could be modified for Mattapoisett. “We knew no one would go for dressing up in all white,” McIntire said laughingly, ”but the idea of an outdoor summer’s evening picnic came out of those conversations.”

            Tables were sold with a range of seating options from 4 to 10 chairs with free hor d’oeuvres, while fresh oysters from local waters along with adult beverages were available for sale.

            As the bubbly and bites were shared, people gathered to listen to the live music that flowed across the lush property. They also strolled about enjoying the floral arrangements and other decorative elements partygoers had brought along to embellish their tables.

            One table drew on the growing shark mania that is spreading throughout the south coast and Cape Cod. Hillary Antone and Rene Bradshaw, along with friend Nils Johnson, tricked out their table with jaws memorabilia including a disembodied leg! People could pose for picture in a face cutout that put them in the middle of a great white’s gapping jaws. For their effort, the team was awarded Best Decorated Table and received a gift basket donated by a local vendor.

            Another group featured not a decorated table but decorated ladies, that is, ladies with decorated hats known as a “fascinator.” The ladies each designed and constructed their fascinator specifically for the event. Donning artistic creations of butterflies, purple netting, pearls, feathers, and flowers on their heads were Sally Westgate, Joan DeRugeris, Pat Goss, Joanne Dunn, Liz Waring, Linda Higgins, and Sue Cusic. DeRugeris demurred, ”We are ready for when Harry and Meghan invite us over.”

            MLT president Mike Huguenin said, “We love this event. … It’s the height of the summer season.”

            And as the sun set over Mattapoisett Harbor, the MLT and MM organizers were already planning next year’s gala by the sea.

By Marilou Newell

Water Returning Slowly to Hartley Pond

            When the Hartley Pond flume collapsed last May, there were questions as to whether or not the historic Memorial Day Boat Race could take place. In spite of the pond being completely drained, the race went on as planned. Now months later, repairs to the flume are complete and the pond is slowly filling with water.

            Coming before the Rochester Conservation Commission on August 6 was Jason Zimmer, District Supervisor for the Southeast District/Wildlife District a part of the Massachusetts Division on Fisheries and Wildlife.

            Zimmer briefly stated that since the reconstruction of the flume, which now features locking boards, water has been slowly returning to the pond and that reseeded banks have been stabilized. He also said that in the future, should it be necessary to open the flume, his office needed to be contacted to organize the opening.

            When asked if there were other solutions versus utilizing a flume system for fresh water management, Zimmer responded. “We could allow a natural stream to return, but that would take many years and many permits, and funding to accomplish.”

            In other matters, Brian Grady of G.A.F. Engineering representing Decas Cranberry Corporation discussed a 16-year-old order of conditions and two modifications to those orders that were never carried out. He sought to understand if the commission would favorably view a request for a Certificate of Compliance (CofC). After some discussion, the commissioners were in agreement that he could move forward and request a CofC.

            Michelle Kirby and Andy Hammerman, 80 Snow’s Pond Road, received a negative determination of acceptability for repairs to a quarter mile private roadway to their residence.

            Ralph and Carolyn Perry, 99 Wolf Island Road, represented by Rick Charon, engineer, filed a Request for Determination of Applicability for the installation of a new septic system. The request received a negative decision.

            A Notice of Intent (NOI) filed by James and Sarah Holbrook, 1 Bates Road, asked the commissioners to consider the installation of a new septic system approximately 330-feet from a bordering vegetated area and other areas along the Sippican River. A positive order of conditions was issued.

            Two NOI filings that are entwined will be heard at a future date when it was learned that abutters in other municipalities had not been notified of the hearing.

            Julie Goodwin of Prime Engineering representing SunRaise Investments for properties located at 0 Featherbed Lane and 0 Cushman Road was asked to confirm that abutters in all surrounding towns had received notification for the two Abbreviated Notice Of Resource Area Delineations hearings. Several abutters had not been notified prompting Chairman Mike Conway to ask Goodwin to re-advertise the public hearings and return at a later date. 

            Continuances were sought and granted to REpurpose Properties, for property located at Rounseville Road, continued until September 3, and to SWEB Development for Rochester Farms LLC, 0 Marion Road, continued until August 20. A continuance until September 3 was also granted to Simpson Solar for property located at 102 Quaker Lane.      

            A CofC was issued to Luis Coelho, 1 Ryder Road.

            The next meeting of the Rochester Conservation Commission is scheduled for August 20 at 7:00 pm in the town hall meeting room.

Rochester Conservation Commission

By Marilou Newell