On a sultry July 11, the Mattapoisett Town Hall conference room was packed to overflowing as Board of Selectmen Chairman Paul Silva opened the public hearing on the application of the Town Wharf General Store, 10 Water Street, for a wine and beer beverage package store license.

Owner and manager Christopher Demakis explained the decision to expand the current merchandise offering to include beer and wine. “We want to offer beer and wine especially for people coming off boats,” he began. “A small offering, not a full package store.” He said that his customers had expressed interest in having these beverages available and it seemed natural to offer them.

But two residents and one Route 6 liquor storeowner took exception to Demakis’ application.

After Selectman Jordan Collyer read letters from abutters Randy and Dawn Smith and George and Maureen Butler, the two couples were asked to share their concerns.

The Butlers expressed concern that if these beverages were sold within the village district, it would draw more vehicle traffic and people into an already congested area. They said that delivery trucks were already a problem and would become more problematic. They also were worried about what would happen in the future if the business were to be sold. The Butlers also complimented the store for its current business model.

The Smiths also complimented the business owners while voicing concern that children would be exposed to alcoholic beverages.

Resident Karen Fields pointed out that grocery stores in the local area now sell beer and wine and children were going into those establishments.

Ed Lima, owner of the Village Package Store, also voiced concern. “There are already three package stores in a one-mile area.” He presented the selectmen with a petition signed by his customers discouraging issuance of a permit to the village business. Lima said that his business depended on the summer visitors and that by approving this application his ability to stay viable was threatened. “I depend on the summer to stay in the black.”

Randy Smith said, “We are trying hard to protect the village for the residents.”

Dawn Smith asked, “Who are we protecting? … It’s your duty to protect the neighborhoods.”

Peter Mello, 12 Water Street, supported the application. Mello told the selectmen, “We’re the only parents in the neighborhood.… We support them.…” He added that he’s comfortable with the proposal.

And while both the Butlers and the Smiths attempted to paint the application as one that would change the general store into a package store, Demakis said, “It’s not going to be a package store…. We wouldn’t do anything to hurt the neighborhood…. We are going to monitor this.”

Town Administrator Michael Gagne said he had spoken to the building commissioner who confirmed that the current special permit the store holds covers the application; in fact, the special permit does not state what sort of merchandize the business may or may not sell. “They are within their rights without going before zoning,” he said.

Attorney Jeffery Sanders, representing the applicant, said that of the five wine and beer licenses the town may issue, none were presently in use – this would be the first.

Highway Surveyor Barry Denham shared, “The definition of a village is a place where people live and have commercial activity.” He said that businesses in the village district had been part of the Town’s Master Plan since 1988.

Betty Hill and Tom Copps, neighbors in the village district, supported the application.

After closing the hearing, both selectmen agreed the applicant was within his rights to sell wine and beer, thus approving the request.

Moving on to other business, the selectmen met with Carlos DeSousa of the Marine Advisory Board and Harbormaster Jill Simmons to review the near final proposal of changes for the waterways rules and regulations.

They spent considerable time reviewing the updated document, including reviewing questions that were submitted by the public during the comment period. Such questions as to the legality of renting out moorings, grandfathered status, mooring transfers, and the need for storm moorings were all discussed.

Agreeing to a variety of text changes to improve and clarify the language, the selectmen also voted to move forward with billing cycle changes and wharf contracts in advance of adopting the full document. During the August meeting, they plan to finalize and accept the new waterways rules and regulations, a document upgrade in the making for the last several years.

Gagne discussed with the selectmen the creation of a new committee to look at the needs of both pedestrians and bicyclists called the Bike-Ped Committee.

Gagne said this committee would consist of nine stakeholders: the highway surveyor, planning director, a member of the police department, a senior citizen, residents who walk and bicycle, SRPEDD representative Bob Burgmann, and a member of the Mattapoisett Land Trust.

The focus of the committee, Gagne explained, would be to develop policy that would lead towards a “complete street” plan that the selectmen could review and that eventually would be adopted.

Bonne DeSousa, who has been a prime mover in working towards a complete street plan as well as spearheading several key areas of the Mattapoisett bike path Phase 1B, wanted to ensure that all neighborhoods would be included when public discussions began.

Collyer said surveys should be conducted and that the committee should be charged with reaching out to all areas of the community. He also said a mission statement should be drafted before their work began.

In other business, Robert Rogers received a certificate of appreciation for his decade long service to the town on several boards and committees. “It was a privilege and pleasure to service the town’s people.”

Also receiving recognition were Horace and Karen Field who have for 40 years allowed students from ORRJHS to use the property they own in Northfield for the annual Survival Experience.

“I really love this program,” Field said, noting that 5,000 students have gone through the program over the decades. He also said he has put things in place that will grant use of the property when he is gone. “I won’t be around forever,” he chuckled.

In closing out his updates, Gagne said the state budget, while needing to be cut and suffering some $700,000 in decreased revenues, was able to fund increases in state aid to schools. “It’s not often that the MMA compliments the legislature,” he said.

The next meeting of the Mattapoisett Board of Selectmen is scheduled for August 8 at 6:30 pm in the town hall conference room.

Mattapoisett Board of Selectmen

By Marilou Newell

The Marion Board of Selectmen approved the scheduling of a Special Fall Town Meeting, setting it for Monday, October 23, at 7:00 pm at Sippican School.

A Special Fall Town Meeting is usually held each year, in addition to the regular Annual Town Meeting in May.

Selectman Norm Hills stated that he anticipates at least two articles to be proposed by the Planning Board: one regarding the Master Plan and one relating to zoning bylaw codification.

“I’m sure as soon as you put this out there, others will follow,” said Finance Director Judy Mooney, who sat in for Town Administrator Paul Dawson.

Deadline for article submissions is September 1, and the warrant will be closed September 5.

Also during the meeting, the board accepted the resignation of Steve Gonsalves from the Planning Board. Gonsalves is also a member of the Board of Selectmen and tree warden for the Town.

“It was just time,” commented Gonsalves during a follow-up. Gonsalves had only about seven months left to his current term and had served many years on the Planning Board.

The selectmen will advertise the vacant Planning Board seat in the meantime and will appoint an interim member in August. Interested parties should send a letter of interest to the Board of Selectmen.

In other matters, the board approved a money appropriation transfer for the Police Department in the amount of $111,300. The transferred funds will cover the cost of overtime pay required to cover the shifts of an injured officer who has been out of work since the last fiscal year.

Extra overtime funds are required since the Town continues to pay the injured officer and must also pay for an officer to cover the shifts. The Town does, however, receive some reimbursement for the injured leave.

“These shifts have to be filled,” said Board of Selectmen Chairman Jody Dickerson. “It’s not like these are extra shifts out there.”

The transfer appropriation also requires approval from the Finance Committee, which it granted during a meeting last week.

A discussion listed on the agenda regarding a donation to the Taber Library was tabled until the next meeting because a final agreement amongst the interested parties had not yet been finalized.

Also, the board approved a request from the Marion Council on Aging to hold an open house for the new Benjamin D. Cushing Community Center. The event will take place on Saturday, August 12, from 10:00 am until 1:00 pm and is open to the public.

The next meeting of the Marion Board of Selectmen is scheduled for August 1 at 7:00 pm at the Marion Police Station, 550 Mill Street.

By Jean Perry

Returning to the Marion Planning Board on Monday evening with a formal application, Patrick Kelley was rewarded for his perseverance with a Special Permit to operate his candy store within Rooney’s Barber Shop on Route 6.

The board listened as Kelley’s brother Michael gave an impassioned statement regarding the challenges for individuals with autism as they enter adulthood and the work force. He noted that there are over two million adults with autism in the country.

“The vast majority are unemployed or under-employed … and they deserve to be employed in appropriate settings … where accommodations can be made.” He added, “Many small businesses and entrepreneurs are looking to support autistic individuals and recognize [their] special skills such as focus and repetition.”

Kelley’s associate, who he described as his ‘work buddy’, spoke briefly, as did Kelley, thanking the board for their consideration and recognizing that this already had been a great experience starting and sustaining a business.

The board then weighed in with their thoughts about the application, with Vice Chairman Steve Kokkins first clarifying that the application this evening was strictly for the candy store and that a proposed ice cream truck had been removed from consideration.

Kokkins reflected the consensus of the board when he asked for a vote for the change of use, saying, “The store inside the barber shop is good.”

Chairman Eileen Marum noted that with the Minor Site Plan Review, the issue of parking and traffic and the separation of pedestrians and cars on the site was not relevant if there was going to be an ice cream truck. With the truck removed from the application, the issue that remained was an email Marum received that afternoon from Lynn Peterson Read at the Board of Registration of Cosmetology and Barbering regarding the floor plan of the barber shop.

The board wanted information from Rob Rooney, the owner of the barber shop, regarding a glass door that allowed access between the barber shop and the candy store. Rooney addressed the issue briefly, saying that his shop was inspected in June and there appeared to be no problem.

Rooney will call them immediately to confirm that there is a separate entrance for the two shops, and that he will prevent anyone from passing between the barber shop and the candy store.

After the board voted to approve the Special Permit, contingent on the approval of the Board of Registration of Cosmetology and Barbering, board member Will Saltonstall raised some questions regarding the site plan.

He said he agreed with the use of the site, but after going through the technical requirements of the application, he noted there were “holes in the submission.”

“But since the project is in place and we can visually see what’s there,” Saltonstall said, adding, “I’m not worried about it. I think things are moving in the right direction in terms of hardscape, stormwater [etc.]…”

Kokkins observed, “If we approve the site plan for the candy store, uses beyond that will trigger another site plan review.”

The board approved the site plan, with board member Chris Collings exclaiming, “Patrick! Go get those shelves stocked!”

In other business, Tabor Academy came before the board with a Site Plan Review of their proposed dormitory on Spring Street. Susan Nilson, of CLE Engineering, presented an overview of the project. The proposed two-story dorm with a footprint of 7,260 square feet will be located on Spring Street across from the fire station.

The 3.6-acre grassy site lies in Zone X outside of the 100-year flood plain as described by FEMA. The building will house 25 students and four faculty apartments to encourage student and faculty interactions. There are nine proposed parking spaces between Spring Street and the dorm, and two others adjacent to the building, which are for faculty and visitors, since Tabor students cannot have cars on campus.

There are five light poles proposed, and town sewer services the site. The stormwater system is designed to address runoff from additional paving and roofs, with the water intended to recharge on-site. The roof runoff will infiltrate directly into the groundwater, while the pavement runoff will be treated to slow velocity and to remove oil and other contaminants before entering the groundwater.

Nilson noted that the biggest concern raised by G.A.F. Engineering, the consulting engineer for the board, was the question of the infiltration rate of the soils at the site. Since the specific site is not mapped by the Soil Conservation Service, CLE used adjacent soil types for their analysis and test pits that were more sandy than those mapped nearby. G.A.F. asked that the applicant perform perc tests to more accurately represent the infiltration rate at the site, to which the applicant agreed.

Board member Jennifer Francis asked if the applicant had considered permeable asphalt, which Nilson said they had, but she was concerned that the depth of the material would likely run into groundwater separation issues.

Christopher Winslow, Tabor Academy’s chief financial officer, told the board that the students will be moved from dorms near the water, and those buildings would be used for administrative offices and better space for academic use.

Project abutter Ray Cullum expressed concern regarding the use of a shared driveway over which he has a right of way. He noted the drive already has considerable wear, and Nilson assured him that while there is a connection to the drive, it is not intended to be used for access. Kokkins asked if there could be signage addressing Cullum’s concerns, to which Winslow agreed. The hearing was continued awaiting stormwater results.

Board member Norm Hills brought before the board the task of more bylaw codification. Most of the changes were unremarkable; however, the definition of ‘Home Occupation’ raised some concerns.

Within the bylaws there is a list of allowed home occupations, about which Francis suggested that it might be more efficient and durable to list what is not allowed. She noted, “Ten years from now, there will be a new set of uses. I’d rather list what is prohibited.”

When asked by Collings what she would prohibit, she responded, “Things like manufacturing, making chemicals, things that are potentially dangerous.”

Saltonstall recognized Francis’ concern, but thought it strange not to list anything. As an example, Francis noted, “There’s ‘art studio’ listed. [This] could include making an eight-foot sculpture out of steel, with welding and banging – we don’t want that sort of thing.” Hills said he would return this issue to the committee.

The next meeting of the Marion Planning Board is scheduled for July 24 at 7:00 pm at the Police Station Community Room at 550 Mill Street.

Marion Planning Board

By Sarah French Storer