The October 23 meeting of the Mattapoisett Conservation Commission was at times contentious when the Notice of Intent hearing filed by Dennis Arsenault for property located at the end of Snow Fields Road was opened, and then Bruce Rocha returned with his NOI for the former Presto Press property.

Before allowing the applicant’s representative to speak regarding the Snow Fields project, Chairman Mike King directed that correspondence from the Board of Selectmen and from the abutters relevant to the project be logged into the record.

Those documents included a letter from Town Administrator Michael Gagne regarding possible ethics violations on the part of King, another from abutters voicing concerns and asking that King recuse himself from hearing the application, a letter from Southeast District Supervisor of the Massachusetts Division of Fisheries and Wildlife Jason Zimmer, as well as emails from King to various parties responding to those concerns – some 33 pages in total.

Gagne’s letter, which King had shared with media, read in part, “I have been advised that you have gone to a town official and lobbied on behalf of the applicant in the Snowfield Drive Project currently before the Conservation Commission in hopes of getting that department’s favorable support for this project.” The letter goes on to say that the allegation will be turned over to the Massachusetts State Ethics Commission for investigation. Gagne does not ask for King’s recusal, noting that the decision was King’s alone to make and that the letter was a “courtesy” to King, given the allegation.

On this point, King said he had not lobbied on behalf of the applicant, had no financial involvement with the outcome of the application, and had simply sought to understand all sides of the project before the commission.

“I volunteer to do this because I’m passionate … My role is to understand all sides,” King said, adding, “I will not be recusing myself.”

Davignon then described the 40-foot wide cul-de-sac that would be located at what is now the dead-end of Snow Fields Road, to provide frontage to the upland lots and public safety to the residents, and then the 826-foot long private driveway that would extend into the wetlands culminating at the uplands where two house lots would be situated. A fire hydrant is located at the current dead-end and private water wells are planned for the residential lots.

Davignon said that given the size of the two-to-one replication area, a total of approximately 27,000 square feet, the U.S. Army Corps of Engineers would need to permit the project. The hearing was then opened to public comment.

Pam Lafreniere, an abutter whose property is contiguous to the proposed cul-de-sac and private driveway, addressed King and Davignon vehemently, saying that the cul-de-sac would also be private unless or until the town moved to accept it at a future town meeting; thus, public safety couldn’t be assured. She also asserted that King had, in fact, lobbied on behalf of the applicant and that his job was to protect the wetlands. King confirmed that saying, “Yes, that’s why we are here.”

After about 30 minutes of debate, the hearing was continued until November 13, pending habitat studies and comments from the Army Corps of Engineers.

Rick Charon of Charon Associates, Inc. returned representing Bruce Rocha’s Notice of Intent application, continuances for properties located at 14 and 16 Barstow Street, presently empty lots.

In prior hearings, abutters had expressed concern over the amount and quality of fill that had been placed on the property. After nearly an hour of additional discussion that oftentimes found Rocha and Charon defending the placement of fill on the property, the hearing for 14 Barstow Street was continued for further drainage study, and 16 Barstow was conditioned for construction.

Also coming before the commission in a continued hearing was the Mattapoisett Bike Path. Once again representing the town was Susan Nilson of CLE Engineering. Nilson and the commissioners discussed comments from various authorizing agencies regarding environmental issues and the need for the project to receive conditions before applying for a Chapter 91 permit.

The public hearing was closed and King instructed Conservation Agent Elizabeth Leidhold to draft an Order of Conditions for their review.

The next meeting of the Mattapoisett Conservation Commission is scheduled for November 13 at 6:30 pm in the town hall conference room.

Mattapoisett Conservation Commission

By Marilou Newell

The individual student Next-Gen MCAS results for Sippican School will be mailed to parents by November 1, but on October 18 during the Marion School Committee meeting, school administrators cautioned parents not to panic when they first review those results.

First, Superintendent Doug White noted that the state does not include any accountability number (1-5) and makes no comparison between this test and the prior PARCC tests of the previous year or even MCAS from prior years.

“They’ve wiped it away,” said White. “They’ve set the bar.” White then added, “They want to re-set the bar in what is expected of kids and our students … and this is the baseline here.”

White said the results of the Next-Gen MCAS would, “as [students] move from grade to grade, [this will be] a better indication of whether your student is prepared to move to the next grade.”

According to Assistant Superintendent Elise Frangos, this test is a much more rigorous test than prior tests, and it focuses much more on what Frangos said is “the essential connection between reading and writing – and they can’t be separated.” In other words, she said, “the integration of knowledge.”

The terminology in the results has also changed, Frangos pointed out. Gone are the terms such as “advanced,” “proficient,” and “needs improvement.” Those have been replaced with a scoring with a midpoint of 500.

“We really want to get all kids to the place of over five hundred,” Frangos said. The 500 score means that the student meets the grade level expectations in that subject area. Above 500 is mastery of a skill while exceeding that grade level expectation, and below 500 indicates the student is still working towards meeting grade level expectations.

“We really want to bring kids to place where they’ve mastered a … skill,” said Frangos. “That five hundred point in ‘over the river.’”

In general, Frangos explained, on average 50 percent of the students in Massachusetts will “fall below the river,” said Frangos, and 50 percent will score above. At Sippican School, Frangos expects to see a number of “cusp kids” who range from 490-499, just below the 500 midpoint.

This Next-Gen MCAS, she said, was designed to align with college and career readiness, and it puts emphasis on real-world knowledge.

“[The MCAS] has been recalibrated to measure whether or not kids have the requisite skills to enter college,” Frangos said, adding that she was pleased with the preliminary data released on Sippican School’s performance as a whole.

Parents and teachers will not anticipate the detailed individual scores of each student, which will help both parents and teachers to determine which standards students need more help with.

So, when parents open those results that will soon be mailed, Frangos said, first thing they should do is breath. Next, “…Really understand that their teacher has a very, very clear handle on … which standards [the student] may be below, and then also how to help them get to a place where they are meeting those expectations.”

The test, Frangos emphasized, is more rigorous, “But ultimately the effects of it are going to be positive for kids,” including readiness for college.

There will be a letter addressing these results posted to the Sippican School’s homepage ahead of the mailing.

“Remember,” said White, “This is measuring what they did at the end of last year for a grade level.” Support will be provided to ensure success in the next testing.

White also said this year the Grade 5 science MCAS will be online and no longer a paper and pencil test.

Marion School Committee Chairman Christine Marcolini said she is looking forward to the individual results, but added, “I think it’s a big mental shift.”

The next meeting of the Marion School Committee is scheduled for November 29 at 6:30 pm at the Sippican School Community Room.

Marion School Committee

By Jean Perry

On October 23, the voters in Marion wasted no time passing seven of nine articles that comprised the 2017 Special Town Meeting Warrant. Voters were in and out in under an hour, as a matter of fact.

After waiting about 15 minutes for the Sippican School auditorium to fill with at least 50 registered voters constituting a quorum, Board of Selectmen Chairman Jody Dickerson presented retiring Police Chief Lincoln Miller with a commemorative gift in appreciation and recognition for his many years of dedication and service to the town. Dickerson noted that Miller had demonstrated an interest in the Police Department as a small boy when he would, “…peddle his bicycle to the station.” The voters gave Miller a warm round of applause.

Then it was on to the business at hand, with the first seven articles being unanimously passed with little to no debate, and the last two being passed over.

Article 1: The transfer of $7,900 from free cash for the purchase of a speed monitor trailer.

The article sought voters’ agreement to invest in a new speed detection device that could be moved from location to location in an effort to heighten motorists’ attention on their traveling speed along Marion’s roadways and to collect data.

Tinker Saltonstall, long-time Front Street resident in the heart of Marion’s village, rose to speak in favor of the purchase, saying that cars slow down when passing along Front Street at Tabor Academy due to the automated speed monitoring signs located there, but then accelerate “to an immense speed” from that point on. She lobbied for placement of a new speed monitoring device and its placement in front of the Music Hall.

One voter asked why the requested amount wasn’t placed in the Police Department budget versus a Special Town Meeting article. Chief Miller responded that it was not a recurring budget item and thus should be handled in this manner.

Article 2: Appropriation of $25,000 from free cash for maintenance of the town’s cemeteries. It was clear that the voters were in agreement – the cemeteries need attention. Belmiro Barros, Wareham Road, said that trees and shrubbery should be removed from cemeteries as their root systems made it impossible to keep graves tidy.

Chairman of the Cemetery Committee Margie Baldwin said that graves were often neglected or forgotten as years went by, and the town needed to provide the Cemetery Committee with funding to ensure proper maintenance.

Article 3: A request for the transfer of $105,408 from free cash to purchase LED lights from Eversource. William Saltonstall of the town’s Energy Management Committee said that all 322 streetlights owned by the town would be fitted with new energy saving equipment after a study to determine the correct wattage at each location. The town would save approximately $18,000 per year in electrical costs.

Article 4: A request for the transfer of $9,879 from free cash to correct an error in the town’s payment of the 2017 Old Rochester Regional School District Assessment.

Article 5: Supported by the Finance Committee, a request to authorize the Selectmen to enter into a PILOT program – Payment in Lieu of Taxes – with Marion MA 1 LLC of Louisville, Colorado. FinCom Chairman Alan Minard explained that the town would receive a “defined payment schedule” over the 20-year program. He said the first year’s payment would be $14,000 with a 2 percent increase annually over the life of the program.

Article 6: Approval of the 2017 Marion Master Plan as developed by the Southeastern Regional Planning and Economic Development District (SRPEDD) and the Planning Board. Members of the Planning Board shared the long, hard work that had taken place to craft the latest master plan and urged the voters to accept it.

Article 7: To see if voters would accept the “Town of Marion Final Draft” for improvements to the Zoning Bylaws that will be searchable on the Internet and more user friendly overall.

Articles 8 and 9 were passed over after it was determined by town counsel that easements over properties located at Great Hill had previously been authorized and approved at a town meeting taking place several years ago.

Marion Fall Special Town Meeting

By Marilou Newell

The October 19 meeting of the Mattapoisett Zoning Board of Appeals was about as tame as a cat that has just eaten its fill and is sleeping in a sunny window – very tame indeed.

Coming before the ZBA – populated by Chairman Susan Akin and board members Ken Pacheco, Mary Anne Brogan, Norman Lyonnais, and Tony Tranfaglia – were six applicants, each seeking approval for a Special Permit.

First up was Michael Sudofsky, owner of The Ropewalk and The Stowaway, commercial enterprises that shared a bit too much in common in terms of common boundary lines. Sudofsky sought approval to permanently reposition lot lines that currently find the lot located at 33 County Road under the lot located at 35 County Road.

Sudofsky also explained that the Town’s legal counsel had indicated the Special Permit request was acceptable. It was unclear how this lot configuration had come to be, but the zoning board members were in agreement that since no actual building changes would be taking place, the request was reasonable.

The second hearing was for a Special Permit to build a single-family home at 0 Highland Avenue-BB. The property has been owned for many decades by two sisters, applicants William and Anne Colman said, and that the Colmans planned to purchase the property and build a five-bedroom home to accommodate their large family.

Although an abutter questioned why a five-bedroom home was necessary and that it didn’t really fit into the neighborhood, the board members agreed that the lot coverage and height of the build conformed to applicable regulations.

Jeffrey Hutton, 7 King Philip Road, received Special Permit approval to demolish the 1918 structure on the property and build a new home in its place. Representing Hutton was Jon Conlon of Field Engineering, who said that the lot coverage would be 23 percent and that the new home would meet pre-existing setback conditions.

Keith Dmytryek, 52 Crystal Spring Road, sought a Special Permit to enlarge an existing garage. After confirming to the board members that the structure would not include plumbing or living spaces, the application was approved.

Stephen Hoyle, 35 Angelica Avenue, asked permission via a Special Permit to elevate an existing home by 9 feet to meet FEMA guidelines. Although the addition of decks put the lot coverage at 27 percent – 2 percent greater than normally allowed – the board approved the application without debate.

Martin Lomp, 45 Mattapoisett Neck Road, requested a Special Permit to construct a new 1,280 square foot garage for boat and vehicle storage. Also represented by Jon Conlon of Field Engineering, Conlon confirmed that Lomp had no intention of using the garage for living space, that it would not include plumbing, and that the foundation would meet flood plain regulations. Generally garages are only approved to be 864 square feet, but the board members unanimously approved the application given lot coverage consideration.

The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for November 16 at 6:00 pm in the town hall conference room if any hearings are scheduled.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

Chairman of the Marion Board of Health John Howard had to note the “record turnout” of those in attendance on October 26 to join in the conversation about the board’s pursuit to ban flavored nicotine products – both flavored tobacco and flavored electronic nicotine – as well as menthol cigarettes.

Listed on the agenda was anti-tobacco Cheryl Sbarra, director of policy and law for the Massachusetts Association of Health Boards, who has been assisting the board in this matter for over a year. In her place was D.J. Wilson, tobacco control director for Massachusetts Municipal Association.

Wilson said that 101 Massachusetts cities and towns have already placed a ban on flavored tobacco and nicotine products, but without the inclusion of menthol cigarettes and the mint and wintergreen flavors.

“This started out in Providence,” said Wilson. In 2012, Providence passed an ordinance that adopted the federal government’s 2009 prohibition on the sale of flavored tobacco, Wilson said. “They took it and expanded it … to not only include cigarettes … but the [flavored] juices inside e-cigarettes.”

The City of Providence was sued in Federal Court by the tobacco industry, and the tobacco industry lost in the Federal Court of Appeals, said Wilson. The tobacco industry chose not to pursue another appeal.

This is important, noted Wilson, because Marion shares the same Federal Court as Providence.

However, the same federal government prohibition of flavored tobacco exempts menthol cigarettes and mint or wintergreen nicotine products. Providence banned the sale of these products, except within adult-only establishments.

Essentially, the Board of Health would be attempting to make Marion the first municipality in the United States to fully ban menthol cigarettes, if not allowed for sale in adult-only establishments – of which there currently are none in Marion.

“It is a big deal for both the tobacco industry and Tobacco Control because a number of Americans either started or currently use menthol [cigarettes].”

Chris Banthin, director of the Tobacco Control Resource Center at the Public Health Advocacy Institute said, again, that his organization would be willing to represent the Marion Board of Health pro bono in Federal Court should the board proceed with its menthol cigarette ban and be sued by the tobacco industry.

Banthin’s stance: menthol cigarettes make it easier to become addicted.

“Documents point to the use of flavorings to make it easier to start smoking because smoking is a little bit harsh … particularly for kids,” said Banthin. “Menthol cools … so it allows an addiction to connect.” It also makes quitting more difficult, Banthin added.

“While other cigarette rates have dropped, we’ve seen the use of menthol go down very little,” said Banthin. He urged Marion to “get to the heart of it.”

“A ban on menthol would go a long way towards that end,” said Banthin.

Banthin then addressed some of the points expressed in a letter earlier this month from the Massachusetts Association of Minority Law Enforcement Officers.

“There were concerns expressed by that association regarding the potential impact on the black community,” said Banthin. “[They] raised an unfounded fear that members of the black community would be targeted or disproportionately impacted because they possess a menthol cigarette.”

That’s wrong, said Banthin, “For a number of reasons.”

“It’s not the possession that’s banned; it’s the sale,” said Banthin. “So someone could possess it and they’re not going to be targeted.”

“The sale is not entirely banned,” continued Banthin. “It would be allowed in adult-only facilities, so those adults who wanted to acquire menthol cigarettes would have to go to an adult facility.”

Furthermore, said Banthin, it would not be a police enforcement matter; rather, it would be the Board of Health enforcing the regulation, since the BOH is the body that issues the licenses to sell tobacco.

“It wouldn’t go after possession,” said Banthin.

One issue that MAMLEO brought up, said Banthin, does ring true – the impact that menthol cigarettes have had on the African American community. Roughly 83 percent of menthol cigarette smokers are minorities.

“And really this is unfortunate. It’s a concern, but it’s not surprising,” said Banthin, “but since the 1950s the tobacco industry has targeted the sale of cigarettes to the African American community.”

Banthin stated that during the early 2000s, Ebony magazine was ten times more likely to feature a cigarette ad than People Magazine.

“So there’s a real targeting effort and unfortunately that effort was successful,” said Banthin. “[There is a] disproportionate impact of menthol on the African American community.”

Dennis Lane of the Coalition for Responsible Retailing, a steady attendee at recent BOH meetings, said of course everyone believes that smoking kills, but even a report from The Journal of National Cancer Institute concluded that smoking menthol cigarettes was associated with a lower lung cancer rate than smoking regular cigarettes. (That article stating, “The findings suggest that menthol cigarettes are no more, and perhaps less, harmful than nonmenthol [sic] cigarettes,” can be found at https://academic.oup.com/jnci/article/103/10/810/2516529/Lung-Cancer-Risk-Among-Smokers-of-Menthol?searchresult=1).

“My recommendation … is to allow the FDA and Congress to take this on,” said Lane. “It makes no common sense to ban menthol, which is deemed to be somewhat less harmful.… What sense does it make to ban menthol cigarettes and not regular cigarettes?”

Lane closed his remarks by saying, “I don’t think it’s my decision or the decision of anyone is this room what adult minority smokers can smoke … If I were black American … I would be upset if someone banned a product I used, but didn’t ban products that non-minorities use. Banning menthol and not banning non-menthol cigarettes in Marion is counterintuitive,” said Lane. “It doesn’t make any sense.”

Next up was Denise DePina Reed, vice president of MAMLEO. She said that many in the black community of Boston who smoke menthol cigarettes are unaware of what Marion is attempting to do.

“So to talk about banning menthol cigarettes, it’s new to them. I was just made aware of what you’re doing,” said Reed, “so I would say they need to be at the table, because you’re talking about taking away something that they do.”

Reed emphasized that she is not a smoker and, although smoking is unhealthy, “Smoking is important … It’s a fact of life here.”

The Marion BOH’s attempt to ban menthol cigarettes, Reed stated, is an example of another 21^st century attempt on prohibition.

“Every time the government tries to ban something, it seems to cause other problems,” said Reed, “and another example of government action that disproportionately affects the black community,” which would be driven to the underground market to sell and purchase menthol cigarettes. “They’re going to get these cigarettes one way or another … and it’s gonna be illegal and that’s gonna be another problem with law enforcement,” she said.

Reed turned to the 2014 death of Eric Gardner, who was suffocated while NYPD officers attempted to arrest Garner for selling loose cigarettes on the street.

“I would ask this board of lovely ladies and gentlemen to rethink what you’re doing,” Reed said. “It probable won’t impact your life, but it will impact other people.”

Matthew Duran, manager of government affairs & public policy for Cumberland Farms, said a ban on menthol cigarettes would interrupt the company’s success in providing living wage jobs and careers in regional communities.

“To try to ban something that accounts for … twenty-five to fifty percent of [the sales] of a convenience store like ours,” said Duran, “That is a scary prospect, because you’re essentially shutting us down. You might as well ban all tobacco.”

Members of the board had no questions related to the statement made by the presenters, nor did they make any comments.

The next meeting of the Marion Board of Health is scheduled for November 14 at 4:30 pm at the Marion Town House.

Marion Board of Health

By Jean Perry