The Mattapoisett Board of Selectmen on January 9 set the Special Town Meeting for February 12 at 6:30 pm in the Old Rochester Regional High School auditorium, seeking voters’ support for a moratorium on recreational marijuana sales in Mattapoisett.

On the heels of two public discussions on the topic of how the town should proceed, given the fast approaching launch date of March 1 for the legal sale of recreational marijuana throughout the state, the selectmen concurred that there was no time to lose.

During public discussion on the topic, it was clear that voters wished to pursue a temporary moratorium to give the Planning Board time to draft new zoning bylaws that would allow some local controls to be put in place.

Town Administrator Michael Gagne read from a letter received from Planning Board Chairman Tom Tucker that read in part:

“The purpose of the moratoria are to provide the Town time to study the legal, planning and public safety issues related to these uses. The Town needs to determine how to regulate these uses and to consider if there should be an outright or partial ban.”

            The Planning Board asked the selectmen to consider two warrant articles.

The first article would ask voters to pass a temporary moratorium on the use of land or structures for recreational marijuana establishments and related uses involving recreational marijuana.

The second article spoke to the use and dispensing of medical marijuana.

The draft article proposes a moratorium that covers the use of land or structures for medical marijuana treatment centers, including cultivating, processing, selling, administration, and printed materials regarding medical marijuana use.

Selectman Tyler Macallister said, “The issue of ‘medical’ wasn’t touched in either of the public meetings we had.” He expressed reservations about including medical use language in the warrant, wondering aloud “Is it the right thing to do?”

Macallister then said, “It’s managed differently. You need a prescription. There are people who legitimately use it.” He said a moratorium was the right way to go with recreational use and believed that by including ‘medical’ use, voters may be confused.

Gagne said he would ask the Planning Board for clarification on that article, and said that Planning Board Administrator Mary Crain had been working closely with Attorney Katherine Laughman of KP Law, the town’s legal team in writing the articles.

The selectmen were unanimous in their support of a special town meeting.

In other matters, the selectmen held a hearing with Taylor Cultured Seafood, Inc., owners of a 100-acre aquaculture site located between Brandt Island and West Island in Fairhaven, regarding license noncompliance matters.

Present to respond to the issues raised was Zach Sun, a civil engineer and family member of owner Jian Sun, and Tobey Cook, who said he was the farm manager.

Gagne read from a list of concerns that the town considered as being noncompliant with the license. Those issues were: 1) failure to mark boundaries of licensed area and equipment; 2) failure to maintain a daily presence between May 15 and October 15; 3) abandonment of the licensed area with failure to remove equipment resulting in navigational hazards; 4) area that had been used was significantly different than the area denoted in the license; 5) lack of shellfish activity constituted a lack of use; and 6) unauthorized change in species to be farmed.

Sun and Cook concurred that all the stated noncompliance issues were, in fact, true. Cook said, “It’s all true. The former owner left the company in May 2016. We did remove and clean the area, but we don’t have experience with scallops.”

Scallops were the permitted species, but now the company wished to switch to oysters.

Macallister said, “So what I hear is the site has gone untouched except for equipment removal. I hear it’s been abandoned.”

Chairman Paul Silva said, “I’m really disappointed the owners didn’t come.”

Selectman Jordan Collyer asked, “Do you really need one hundred acres?” He noted that a much smaller area would produce many thousands of oysters. He said he would be in favor of allowing two smaller parcels once the owners addressed issues, but if they came back for 100 acres he would veto that request.

Silva agreed.

Silva also instructed the representatives to return with a business plan and state and/or federally issued permits, along with the owner.

The hearing was continued until March 13.

The selectmen also met with restaurateurs Nabih, Nouhad, and Gary Moujdbber, owners of the Lebanese Kitchen, to discuss why they had failed to open as planned nearly two years ago.

The partners had received alcohol, entertainment, and common victualler licenses and were to have opened in the spring of 2016. Now they came forward to explain.

1. Moujdbber said, “We’ve had a lot of issues.” He said, “Every time we fix one thing, we run into another problem.” He described the building as being covered in Band-Aids, things that he had to repair before moving on to the next project.

The numerous issues had set them back, not only in terms of an opening date, but also in terms of expenses.

“Everything is three times more than expected,” he said.

Moujdbber said the majority of structural and interior repairs and renovations have been completed, but that they are still months away from being able to open the doors. He gave the selectmen a May 2018 date.

“We are going to hold you to it,” Silva stated. He said Christine Richards, an administrative assistant in the Selectmen’s Office, would make bi-weekly site visits and report directly to the selectmen on Moujdbber’s progress.

Collyer added, “If you need anything from any town hall department, we’ll help you.”

Silva also thanked the Moujdbbers for donations to the annual holiday party held at Shipyard Park.

Before wrapping up the meeting, Gagne reported that a series of neighborhood meetings would be taking place beginning Thursday, January 11, at 6:30 pm in Center School and for the next four subsequent Thursdays to continue discussion on village street improvements. He urged residents to attend the meetings so that all voices could be heard on the future of the neighborhood.

Gagne also applauded the highway, police, and fire departments for their good work during the recent snow event.

The next meeting of the Mattapoisett Board of Selectmen is scheduled for January 23 at 6:30 pm in the town hall conference room.

Mattapoisett Board of Selectmen

By Marilou Newell

Debra Ewing of Jenney Street, on behalf of residents at The Cove who have been overseeing the turtle habitat protection project on Town-owned land, came before the Marion Conservation Commission on December 27 to address a violation of mowing beyond the boundaries allowed in the Order of Conditions.

The matter was continued from December 13 so the commission could get some answers before turning its attention to The Cove’s request for an extension of its permit to maintain the landscaping of the turtle nesting habitat restoration project near Hammetts Cove off Jenney Lane.

The problem was that mowing had been performed that far exceeded the boundaries set by the commission back in 2015. Before issuing a three-year extension, which the commission still held off on for now, the commission members needed some information, particularly about the benefits of mowing the coastal property when it came to not just the diamondback terrapins, but also the eastern box turtles.

First, Ewing said the work that was done by the new landscaping company the residents hired was completely contrary to the instructions she gave them. She said she gave explicit directions to the landscaper, but the worker who did the actual work while Ewing was not at home ignored the posted boundaries.

“They were way out to the water and I told them immediately to stop, but I was not aware that it was going to be happening that day,” said Ewing. “It was not supposed to happen.”

Ewing said she finds the boundary posts to be obvious, but commission member Shaun Walsh added, “The posts are very obvious, but to the uninitiated it’s not very clear what they’re demarcating, so they look almost a little bit random.”

Walsh later suggested that The Cove residents purchase small circular signs announcing the presence of wetlands and number the posts accordingly with the numbers expressed on the plan and accompanying Order of Conditions.

And in the future, Walsh added, a copy of the Order of Conditions should be physically handed to the landscaper before any future work is completed.

“It’s vitally important that whoever does that activity in the future has a copy of this order,” said Walsh.

As for the eastern box turtles, although they enjoy the mowed areas for passage, the wetter regions closer to the shoreline are not where the box turtle prefers to nest.

“Our question…” Chairman Cynthia Callow asked, “…is the mowing of that area vital to the habitat of the box turtle? Is that a place where they go? Is that a place where they play?

Commission member Jeffrey Doubrava said that he recalled from prior hearings in 2015 that the mowing had something to do with box turtles, and Walsh, who had reviewed meeting minutes, concurred.

The commission determined that Don “Turtle Man” Lewis, the one who spearheaded the project and has since moved to Florida, did state that the mowing would benefit the eastern box turtle in some way. However, Ewing said she was unaware of how the mowing would benefit them.

“That was the only controversial part of the project – the mowing,” Doubrava recalled, saying that Lewis had initially requested a 30,000 square-foot sandy area to be cleared, but the commission only granted a 2,000 square-foot area.

“Mowing was definitely limited,” Callow said. “There was a big discussion about that.”

Landis Major, president of The Cove Homeowner’s Association, said he has seen box turtles in the mowed area. “Not a great number, but I have seen them.”

But they do not nest there, unlike the terrapins, which benefit from the mowing because they need the sandy area to lay their eggs.

Some Cove residents actually question whether expanding the sandy nesting habitat would ensure even more success of the project in the future.

Before the rescue project was established, it was determined that there were roughly 50 diamondback terrapins in Hammetts Cove, almost driven to extinction because none of the hatchlings survived.

Doubrava reminded Ewing that the maintenance permit was good until April 2018. In the meantime, the residents should get confirmation from a biologist that continued mowing is still essential to the project and also find a viable solution for improving the boundary post markers so that future landscapers would not repeat the mistake of over-mowing the area.

“The mowing part,” said Major, “I don’t see as a problem, now that we’ve experienced one disaster that was not our choosing. We can either put out more [small-sized] posts or we could rope it.”

As long as the enhanced markings are consistent with the Order of Conditions, said Walsh.

“Without any kind of information, even a small little circle sign … it’s just a bunch of random posts,” Walsh said.

The residents of The Cove do not need to return before the commission, but they will need to submit the information the commission requested before the permit expires in April.

Also during the meeting, a Request for Certificate of Compliance for Warren and Lee Williamson of 121 Converse Road was issued. The commission reviewed the history of the Order of Conditions and prior Enforcement Order and found no further issues or concerns at the present time.

The Request for Certificate of Compliance for Theresa Fitzpatrick for 14 Doran Way was issued contingent upon (and issued upon) the new property owners furnishing the commission with proof that a permanent split-rail fence or line of boulders has been installed. The house was slated for closing on January 10, and Fitzpatrick claimed she was unaware that a permanent wetlands marker was required.

The public hearing for the Town of Marion’s Notice of Intent for the construction of the County Road water main and meter vault installation to extend a 12-inch water main to provide an emergency water supply to Wareham in case of fire or other emergency (at the expense of the Town of Wareham pending a Town Meeting vote) was continued until January 10 in order to allow for time to properly notify one last abutter who was otherwise unreachable before the hearing.

In other matters, the commission will hold off before issuing a Restoration Completion request for 99 Perry Lane until it can review work completed at the sight in the spring.

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

Marion Conservation Commission

By Jean Perry