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

It was a stress-free night for all involved in the public portion of the Mattapoisett Board of Selectmen meeting on September 26.

The three action items on the agenda were approved without any real debate, and the two aquaculture licences sought by two local oyster farmers also got the green light in a genial fashion.

From the Pledge of Allegiance and moment of silence to the move into executive session, the entire public session lasted a tidy half-hour.

The majority of the meeting centered on the aquaculture licenses being sought by Nicholas Wright and Michael Ward. Fans of oyster farming certainly got their fill as first Wright and then Ward detailed their plans to have oyster farms up and running as soon as possible. The selectmen displayed an adequate knowledge of aquaculture, and if the small crowd in attendance wasn’t quite following the conversation, it didn’t let on.

Wright and Ward had both received their approvals from the Massachusetts Division of Marine Fisheries, having been conditionally approved for licenses on that eventuality.

Most of the discussion centered on the amount of performance bond each prospective farmer would have to post. There is a bylaw in town requiring aquaculturalists to provide bond “in the event that you go belly up and the Town has to clean it up,” as Selectman Jordan Collyer put it.

Ward argued that any new aquaculture farmer taking over an existing license and area would get a lot of value from discarded equipment, and that bond should be lower than the $5,000 to $15,000 range that was discussed. He added, “But whatever we come up with, I’m happy to pay it.”

In the end, Ward and Wright were both approved for a license beginning immediately and running through the end of 2018, conditional on a bond commitment that was TBA.

“Thank you,” both Ward and Wright said in unison at the conclusion of the vote.

Town Administrator Michael Gagne brought it back to oyster farming in his report, putting the license of Taylor Culture Seafood up for discussion. It was noted that the company, which also operates in Fairhaven, had not been using the Mattapoisett site and had not responded to outreach.

“They have to exercise the area that they have, and in my position they have not done that,” Gagne said. “They must be present on site with management.”

He recommended that the selectmen proceed toward revocation of the license and noted that the company was compliant with the rules in the Fairhaven portion of their operation.

“I think they may possibly have called it quits in Mattapoisett,” Gagne said. “And I’ve had conversations with a few people aware of what’s happening, and they want to stay in the loop if there is availability.”

The final piece of oyster farming business came from Gagne, who said he’d been in touch with the Wareham harbormaster about what they do to make the process easier.

The upwell system use in town isn’t good for the purpose, Gagne said, and suggested pursuing a grant to mirror the floating raft system used by Wareham and other towns. He suggested that the Town could match the funds. But Selectmen Chairman Paul Silva and Selectman Collyer noted that there were enough existing floats and materials in town to do it without added expense. Selectman Tyler Macallister wondered if the Old Colony students might get involved, as they have in other town projects.

A placement of the raft was proposed by Gagne on the east side of Long Whart, but Collyer and Silva felt it would be a bad location.

“The water beats the hell out of everything over there,” Collyer said. “That’s a bad spot.”

Also during the meeting, the board voted 3-0 on two items: to appoint Jennifer Szabo as a member of the Agricultural Commission and to approve the date for the Lions Club Family Fun Festival as October 21 from 11:00 am to 5:00 pm in Shipyard Park, with a rain date of October 22.

There was some debate over the appointment of Szabo to the Agricultural Commission, with Collyer asking how Szabo’s work with her current position handling the farmers’ market would conflict with the AgCom role. Gagne noted that the farmers’ market reported to him, not the Agricultural Committee.

“Any decisions about permits, or any of that stuff, comes through my office,” Gagne said.          “Just note that I’m not pleased with the farmers’ market and would like to have Miss Szabo come in and talk to us about next year,” Collyer said.

In other business, the Fall Special Town Meeting was set for November 27 at 6:30 pm in the ORRHS auditorium.

The next meeting of the Mattapoisett Board of Selectmen should be scheduled for October 10 at 6:30 pm at the Mattapoisett Town Hall.

Mattapoisett Board of Selectmen

By Jonathan Comey