Francis Jones’ public hearing to convert to a two-family was re-opened on September 14 after a continuation from the Rochester Zoning Board of Appeals to allow the building commissioner to conduct a visual inspection of the house to ensure that it is fit for a two-family dwelling.

Building Commissioner Jim Buckles said he visited the property located at 619 County Road and found it compatible for a two-family.

“I’m sat with what’s there, that it meets the criteria of a two-family,” said Buckles, adding that Jones had been cooperative in providing access to the house for Buckles to assess renovation and cosmetic updates and repairs of the building, which is currently occupied on the first floor.

“If [the Special Permit] were granted, I’d feel it’s safe,” said Buckles.

ZBA member Kirby Gilmore commented that any unresolved matters from the prior public hearing were now settled, saying, “I don’t see any outstanding issues with granting Mr. Jones his appeal.”

Chairman Richard Cutler stipulated that a special condition would be added to ensure no parking would be allowed on the right of way on the property, limited only to the four spaces provided in the driveway. “To make sure there are no future issues with the neighbors,” Cutler said.

“We have no grudge with any of the neighbors,” said Jones.

“And we want to keep it that way,” said Cutler.

The next meeting of the Rochester Zoning Board of Appeals is scheduled for October 12 at 7:00 pm at the Rochester Town Hall.

Rochester Zoning Board of Appeals

By Jean Perry

In spite of the rising philosophy on the importance of de-cluttering one’s life in an effort to feel less stressed and more focused on what’s really important, the demand for self-storage units to warehouse personal possessions has never been greater, according to at least two businesses in Mattapoisett.

For the second time, the Mattapoisett Zoning Board of Appeals heard that customers are seeking safe, secure storage units in Mattapoisett. However, with both self-storage facilities currently at maximum capacity, storage space is lacking. Coupled with what local businesses as well as potential businesses believe is a serious lack of commercially zoned space in Mattapoisett, how to satisfy demand is a real problem.

On September 21, the Mattapoisett ZBA heard from Peter Noyer, Coves LLC, 94 Marion Road, who was seeking to increase the number of storage units he currently offers by six, a total of an additional 1,200 square feet feet of new commercial space.

The issue at hand for the ZBA was whether or not to approve both a Special Permit for setbacks and a Variance for zoning category that would allow Noyer to construct the units.

Represented by N. Douglas Schneider of N. Douglas Schneider & Associates, Inc., the ZBA members heard Noyer’s application.

Schneider explained that currently on the parcel are four commercial storage units, a sign shop, and residential rental units. He said that where Noyer plans to situate the new units is an area of the parcel currently zoned Residential, thus requiring a Variance. The parcel also has areas that are zoned General Business.

Schneider noted that during a recent hearing on behalf of Tom Brownell, the board had granted a Variance allowing Brownell to add new storage units to his storage facility that would encroach on a side setback. Brownell had also cited lack of commercial space in Mattapoisett and demand for storage units as rationale for his application. The hardship for both businessmen was a lack of commercial space in town.

After describing the project and responding to several questions from board members, Schneider wrapped up his presentation stating that the new units would not be seen from Route 6.

Norman Lyonnais, ZBA member, said, “It won’t be a deterrent to the town, and it’s a needed service.” ZBA member Ken Pacheco added, “They run a great business over there…. This makes sense … it’s needed.”

Noyer’s application was unanimously approved.

Also receiving the thumbs up from the ZBA was an application for a Special Permit submitted by William Cantor for property located at 33 Main Street. Cantor, who is in the process of building a new single-family dwelling on the site, sought approval for the construction of a portable fabric-tensioned structure that would be used to store and maintain his boats.

Cantor said the location of the storage structure would be over the former site of the long-defunct Mendell Electrical Works, once an active manufacturing business that made switchgear. He said some foundation walls and a split concrete pad from the original factory were ideal for placing the framed fabric structure.

A scheduled hearing for an application submitted by Michael Sudofsky for property located at 33 and 35 County Road was continued when it was determined there had been a miscommunication with the applicant. Sudofsky is seeking to re-position lot lines on his commercial property to clear up inconsistencies on the parcel.

The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for October 19 at 6:00 pm in the town hall conference room is there are hearings planned.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

On September 25, the Mattapoisett Conservation Commission along with nearly everyone else sitting in the town hall conference room learned an important lesson: in-depth title searches are absolutely necessary in the state of Massachusetts.

While the hearing before the commission was a simple Request for Determination of Applicability, the underlying issue was the rightful ownership of a parcel on Angelica Point.

Coming before the commission for a continued hearing was Brian Grady of G.A.F. Engineering, Inc., Town Counsel Matthew Thomas, and Town Administrator Michael Gagne.

At the August 30 hearing, the commission heard the application submitted by the Town to install granite pillars along property owned by the Town in the summer colony on Cove Street.

Claiming ownership of the same property was Al Gentili, who said he had purchased the undeveloped lot some 40 years ago and had been paying taxes on it ever since. On this night, the sea fog would lift and the Town would make a solid claim of prior ownership.

Thomas explained that two states, Massachusetts and Hawaii, still maintain dual property recording systems – one at the state level and one at the county level – a system known as “registered” land, meaning that a title is certified by the Commonwealth and a certificate of title is issued by land court. The registration process includes any and all encumbrances that may exist on land with the Registry District of the Land.

Continuing on, Thomas said, “The state has used registered land since the 1800s.” While admitting that it can cause confusion, he also said that a thorough title search of a deed including investigation into whether or not a parcel has been previously registered with the state is necessary.

“This happens a lot with older deeds,” he stated. “Deeds that are recorded (at the Registry of Deeds) are not applicable.” Thomas said he had no doubt that, if the disputed lot was reviewed by Massachusetts Land Court, Gentili’s deed would be invalidated.

Gentili approached the commission again asserting his ownership, brandishing a letter from the 1980s when he was in discussions with the presumed owners at that time. However, as the nearly hour-long hearing continued, he never claimed to have had a comprehensive title search done on the lot before ‘buying’ it.

Commission member Chapman Dickerson asked how much tax money Gentili had paid over the years to the Town. Principal Assessor Kathleen Costello responded, “Between 1988 and 2017, $2,990.” Dickerson called the mix-up a “raw deal” for Gentili.

Gagne explained that as far back as 2009 the Town knew the land was not Gentili’s; however, the Assessor’s Office at that time had failed to follow-up and that as late as 2012 continued to send Gentili tax bills – bills he had paid.

But Gagne made it clear that the lot in question had been gifted to the Town in 1928.

“On behalf of the Town, we apologize for continuing to tax the property and we are looking at avenues of refund, including interest,” Gagne said. He explained that the Assessor’s Office would seek a refund for Gentili through the Massachusetts Department of Revenue, a process that was already underway.

Abutters from the Angelica Point beach association were in attendance to support Gentili who they described as a good steward of the parcel in question, as well as other lots he owns in the area. They also expressed their concerns.

Association President Sharon Thompson said that although she now understood how the confusion had been created, property owners in the area were concerned that giving greater access to the barrier beach would result in a negative impact on the neighborhood.

The residents of the beach community claimed that illegally parked cars would become a real problem, along with the potential for tenting, camping, bonfires, trash, thefts, and the use of all-terrain vehicles. Gagne said that with proper signage, public access was possible and that any breach in parking restrictions should be reported to the police. He said conservation areas should be accessed on foot or by bicycle. He did not address how the beach area would be kept clean or if portable toilets would be installed on the town’s lot.

The commission approved the RDA, granting a Negative Determination with the caveat that if their decision is appealed or until such time as Gentili’s claim is resolved, no work would take place on the property.

Later in the evening, the Town was once again before the commission with a continued Notice of Intent filing for the construction of a pedestrian bridge, Phase 1B of the Mattapoisett Bike Path.

Susan Nilson of CLE Engineering, Inc. said several governing agencies had yet to comment on the project and that comments from the Division of Marine Fisheries had been modest.

The hearing was continued until October 23.

Also coming before the commission was Jon Connell of Field Engineering representing Leigh Oler, 25 Grandview Avenue, who sought approval of a Notice of Intent for the construction of a new water well and tie-in to public sewer.

Abutter Scott Snow asked that the hearing be continued until it could be determined who would pay for any damage to his freshwater well.

Commissioner Michael King explained to Snow that the permitting of the well and septic systems was under the jurisdiction of the Board of Health, not the Conservation Commission.

The project was approved and conditioned.

The next meeting of the Mattapoisett Conservation Commission is scheduled for October 23 at 6:30 pm in the town hall conference room.

Mattapoisett Conservation Commission

By Marilou Newell