Zoning Board Denies Appeals

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Daniel DaRosa, represented by Attorney John Gushue, came before the Mattapoisett Zoning Board of Appeals on August 20 with two appeals – appeals that asked the board to overturn decisions made by Andy Bobola, the building inspector.

The main issue: DaRosa’s application to build a private pier across an easement. Both appeals were combined, as agreed by all parties, due to the similar nature of the appeals, that being Bobola’s interpretations of building codes and zoning bylaws.

            “We believe it’s an erroneous application of bylaws for this pier,” Gushue stated, suggesting that Bobola’s interpretation of the town’s zoning bylaws was an attempt to stop DaRosa’s right to build the accessory structure. “This is a violation of their equal protection rights.” Gushue said, from his reading of the bylaws, there was no provision in them that would restrict the issuance of a building permit.

The bone of contention is whether or not a homeowner can build an accessory structure across an easement; in this case, traversing beach property owned by someone else in order to build a private pier to reach the water.

Bobola wrote a letter in May to the Massachusetts Department of Environmental Protection handling DaRosa’s Chapter 91 Waterways license application, in which he explained that the DaRosa property was not waterfront property and, as such, could not build an accessory structure on an easement they had been granted. Gushue called it an “unprecedented denial.”

But Bobola asked the board to imagine if accessory structures were built all over town on easements; consider the negative impacts they would have on the community and residents’ enjoyment of their property.

Regarding Bobola’s further assertion that DaRosa lacked the appropriate setbacks necessary for building an accessory structure on his own property, Gushue said, “He is just searching for some reason to deny the pier.”

Gushue asked the board members to search their consciences, telling them that they had taken an oath to apply rules equally for all residents.

“You took an oath to render a fair and impartial decision,” said Gushue. “Can you look at yourself in the mirror in the morning?” He continued, “There has been much organized opposition, even in Town Hall.” Gushue provided evidence that another pier had been built in the 1990s and had been constructed across an easement; therefore, DaRosa should be allowed to do so as well.

“So, because of the other pier in 1998, we should permit this one?” asked ZBA member Susan Akin. “We are going to go by current zoning, not 1998.” She emphasized that the DaRosa property was landlocked.

Bobola said, for 31 years, he has striven to apply building codes and zoning bylaws with an even hand, and he took umbrage to Gushue’s comments. He then explained his rationale for the letter to the DEP that was written with the guidance of town counsel, and his refusal to issue a building permit.

“I remain open minded,” Bobola said, concluding his comments. But he noted that DaRosa had not provided complete documents as required when requesting a building permit. It was missing a decision from the Conservation Commission.

That remains an open issue in DaRosa’s proceedings. A decision by the DEP regarding an appeal by the Town and the Conservation Commission to the DEP’s superseding orders is still pending. Gushue advised the board that he had received verbal confirmation that the DEP would render a decision in favor of DaRosa’s application.

Several residents came forward to voice their concern with the proposed construction, again, citing various wetlands issues, recreational use of the waterways where the pier is proposed, and the lack of DaRosa’s direct waterfront access.

Bobola told the members of the ZBA that DaRosa should appeal his denial of a building permit to the state building authorities and not the local zoning board.

Akin closed the public comment segment of the hearing and the board debated the merits of DaRosa’s appeals.

In the end, the board agreed with Bobola that DaRosa’s property was landlocked and, therefore, could not receive a permit to build a pier across an easement. They also agreed that they could not hear the appeal regarding the denial of a building permit, since it was beyond their jurisdiction and it needed to be heard by the state board. Both appeals were unanimously denied.

In other business, the Mattapoisett Congregational Church received a Special Permit to divide a parking lot from a residence in order to have the lot legally associated with the church. Also coming before the ZBA was Neil Lefaivre of Empire Construction, representing Shawn Martin, 5 Henshaw Road, with a request for a Special Permit to build an addition to an existing residence. The permit was approved.

The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for September 17 at 6:00 pm in the Mattapoisett Town Hall conference room, pending applications.

By Marilou Newell

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The Summer Wind

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The song Summer Wind, made famous by the one and only Frank Sinatra, spoke of a fleeting romance ignited during the summertime, and then lost. There are other summer songs that come wafting in on warm breezes. Songs like Don Henley’s Boys of Summer, Frankie Valli and the Four Seasons’ See You In September, the Summer Song by Chad and Jeremy, Sealed With a Kiss sung by Brian Hyland, and, of course, Summer Rain by Johnny Rivers.

How many of us can relate to those free wheeling youthful romances forged in the hot sun while laying on a beach towel next to your heart throb? Yet, somehow, in the back of our minds we knew the heat would peter out by Labor Day. Still, for those blazing moments of fevered passion, we were lost in the thrill – the memory, drifting back into our consciousness on a summer wind.

Oh, I sigh at the memory of my first summer love with the ice cream man. He wasn’t really a man, more an older teenager whose summer job was to drive the ice cream truck along the beach boulevard in Onset.

Tommy was an art student whose well-heeled parents mandated he have a common experience of sorts before sending him off to study art in Venice. I don’t think they planned that I would be part of that common experience for their precious sonny-boy, but in a very innocent chaste manner I was. We never held hands and never kissed. Yet, for me, he was my summer love.

The ice cream truck moved along slowly, as Tommy jingled the bells manually. There was no such thing as canned music back in those days. The ice cream man pulled a cord inside the cab of the truck, jingling the bells while little children trained like Pavlov’s dog came running and screaming “Momma, the ice cream man!” He would stop the truck, pass out ice cream novelties, and then move to the next stop. I met him as I patiently waited at the end of a long line of hollering children and impatient mothers. Our eyes locked briefly but meaningfully, and love at first sight was born.

From the beginning, Tommy spoke to me as if I was important, knowledgeable, and going places when I graduated from high school. He would talk to me about art in between collecting sand-covered coins from little children and red-faced mothers who had just hopped across burning sands and ascended a steep flight of stairs to reach the cool white ice cream truck. On hot, sunny days our conversations didn’t last very long, as lines formed next to his truck while he dispensed chocolate-covered ice cream bars, popsicles, creamsicles, and sundae cups.

How I loved cloudy overcast afternoons when Tommy could transport me to the world of art and culture without interruption because the beach was empty. He would expound in grand eloquence all his hopes for the future while sharing all he knew about art and art history. He’d also share difficulties at home, further endearing him to me.

At each stop on his route, he’d pop out of the truck, lean against it dressed in his sparkling white shirt and pants, and continue to fill my juvenile head with thoughts of Gauguin, Michelangelo, Renoir and Picasso. All I knew about art was what little was imparted to us in art class in junior high school. In Tommy, I found my personal art professor, mentor, and, oh yes, my summer love.

I was also working that summer I met Tommy, but I was self-employed. I was the local babysitter and hairdresser for the street I lived on. I made a pretty good living, netting nearly seventeen dollars a week. I took care of the neighbors’ babies who always seemed to bawl the entire time their mothers were gone. As the local hairdresser, washing and setting neighbor ladies’ hair in rollers and pin curls, I heard all the gossip that was going around. Usually, the theme was which young daughter was up to no good with someone’s bad boy son.

My parents frowned upon having a boyfriend at the age of fifteen, so I didn’t tell them the real reason I headed to the beach every day, regardless of the weather. My mother would have considered me a “fast” girl. My father would simply have said, “It ain’t good.” So I fabricated girlfriends that existed only in my imagination. The fact that I never brought any of these girls home to hang out at my house didn’t seem to faze my parents. My father was too busy earning a living, and my mother was generally distracted with her own personal problems. I, on the other hand, had Tommy.

As summer burned, the days melted away. My secret meetings with Tommy, which I anticipated in a fever and then relived in detail throughout the evening, were coming to an end. Labor Day would be the official end of summer, and Tommy would head off to college. And I – well, I would be left behind with dreams of rich fabrics, ancient architecture, oils and water-colors, statues, and luminescent glazes. I would be left to imagine Tommy walking cobbled Italian streets carrying an easel and canvas while wearing a painter’s smock and a beret.

I don’t recall our last meeting, but I do remember that, for a long time, he faithfully sent long letters postmarked “Italia,” thick with his lush script, mini-drawings, and scrolls decorating the pages. Each letter swept me away – far, far away.

The school year dragged on, and the boys in my classes seemed so raw, so unrefined compared to my Tommy. No one could measure up. But, truth be told, no one was trying.

I was not a popular girl or a happy girl. I was merely waiting for school to end so that my real life could begin somewhere else, warmed by a summer wind.

By Marilou Newell

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Judith E. (Pratt) Briggs

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Judith E. (Pratt) Briggs, 71, of Marion, died August 27, 2015 in St. Anne’s Hospital, Fall River. She was the wife of David A. Briggs and the daughter of the late Robert C. Pratt and Elizabeth (Robinson) Bazilian.

She was born in Wareham and lived in Marion for over 50 years.

Mrs. Briggs worked as a C.N.A. at Rowland Thatcher Nursing Home in Wareham for over 20 years before retiring.

She enjoyed crocheting, playing Pac Man and Canasta, Facebook and scratch tickets. Most of all she loved spending time with her family.

Survivors include her husband, David A. Briggs of Marion; 2 sons, Michael Pratt and his wife Amy Sirrico of Wareham and David A. Briggs, Jr. and his wife Amy of Wareham; a daughter, Laurie Shippey and her husband Scott of Wareham; a sister, Jean Pratt of Hyannis; 4 grandchildren, Christopher and Meghan Shippey, Lillian Briggs and Jeremy Collins; and her beloved dog, Casper.

Her graveside service will be held at 11:00 a.m. on Monday, August 31, 2015 in the North Marion Cemetery, Marion.

Visiting hours were held on Sunday at the Chapman, Cole & Gleason Funeral Home, 2599 Cranberry Hwy., Wareham.

Marion’s Water and Sewer Rates Increased

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Interest in the topic of increases in water and sewer rates was expected to bring out the public to the Marion Board of Selectmen meeting on August 25. Only nine residents showed up. But in spite of the surprisingly low turn out, the subject matter was fully vetted.

Speaking first was Finance Director Judy Mooney who explained that rate increases were proposed at 2.5 percent for Tier I and 3 percent for Tiers II and III water consumers. She then stated that a 10 percent rate increase across the board was proposed for those households tied into the municipal system.

“I hate being the bearer of bad news,” said Mooney. “If this rate doesn’t go through, the state will not approve the enterprise funds…. If this doesn’t go, an even larger increase is in the future.”

Mooney said, in real terms, a household of four would see an increase of $4.19 per year in water bills and $22.70 in sewer expenses. She further cautioned all in attendance that, although the evening was dedicated to looking at just fiscal year 2016 budget needs, FYs 17, 18, and 19 would see even higher rate increases.

“If we don’t have a rate increase in FY16, it impacts things we’ve already put in place,” Mooney said.

Chairman Stephen Cushing asked, “What if we put off a rate increase, we’d be in line for a bigger increase?” Mooney replied, “We’d have to make up four quarter billings in a three quarter cycle.”

A driving point in sewer rate increases is the NPDES permit looming in the imminent future, and the town is anticipating this to equate to higher costs in processing sewage. The town’s current permit requirements are being handled, said Selectman Jonathan Henry, but new, stricter EPA requirements will affect costs – how much is presently not known.

Resident Jay Ryder then came forward to share information he had found from a Tighe & Bond study. Ryder said, “Annual water rates (in Massachusetts) are $112 to $1560. The average is $532, and Marion’s are the second highest. Sewer rates go from $221 to $1,874 with an average of $756. Marion’s are the third highest.” Asking Mooney he inquired, “Can’t we pay for these some other way?”

Mooney came back to the microphone with this response, “You’ve got Tabor Academy, why aren’t we getting a PILOT payment in lieu of taxes?” She continued, “There are 36 properties, at the current rate that comes to $836,000 we could be receiving … I’m throwing it out there … their children are going to Sippican School without paying taxes.”

Henry responded, “PILOT program is an old issue…. A new Board of Trustees at Tabor will deal with local issues which is new … it’s an open issue.”

Henry also pointed to the fact that most cities and towns don’t go it alone when it comes to water and sewer service, but those that do are facing the same issues that Marion is facing – higher costs to provide services.

In the end, Chairman Cushing called for a vote. The increases were unanimously approved.

The next scheduled meeting of the Marion Board of Selectmen is scheduled for September 8 at 7:00 pm at the Police Station conference room.

By Marilou Newell

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Sonja Fellman Stone

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Sonja Fellman Stone, 96, beloved mother, mother-in-law, grandmother, great-grandmother, aunt, sister-in-law, neighbor, friend, and role model, passed away peacefully in her Mattapoisett, MA family home. Sonja was born in Lexington, MA, daughter of William and Hildur Fellman, of Finland and Sweden. She is predeceased by her loving husband of 70 years, George E. Stone and her sisters Linnea Scales, Violet Hanson, Naemi Thomas and brothers Sigward and Adolph Fellman. She is survived by her children Sonja Peterson and husband Frank; Lars Stone and wife Colleen; Suzanne Pike and husband William; Cynthia Stone and her companion, the late, Jeffrey Girard; Sandra Stone; grandchildren Mariel Stone and companion Jesse Duarte; Bonnie Stone and husband Erik Kowalski; Charlotte, Caroline, and Catherine Stone; and Jessica and Erica Pike; four great-grandchildren; sisters-in-law Louise Fellman, Alice Coletti, Marguerite Lever and many nieces and nephews.

A patient, loving, forgiving, and religious woman, Sonja always put other’s needs before her own. She supported her husband in all aspects of life, including within the workplace as administrative assistant and bookkeeper for their family-owned independent insurance agency in Arlington, MA for over 30 years. Later in life, Sonja demonstrated her commitment to her family by working part time for 12 years as a Greeter at the Fairhaven Walmart where she was one of their oldest employees retiring at age 85.

Sonja was a member of the Laestadian Lutheran Church and enjoyed attending services. She found peace when singing hymns, enjoying nature, going to yard sales, sewing, and above all, spending time with her family. She had a quiet way about her, and everyone she met was touched by her warm smile and kind spirit.

Relatives and friends are invited to honor Sonja’s life by attending a memorial service Saturday, September 12th at 11 am at Advent Lutheran Church, 62 East Grove Street, Middleboro, MA. In lieu of flowers donations in Sonja’s memory may be made to the National Alliance on Mental Illness, NAMI Massachusetts, The Schrafft Center, 529 Main Street, Suite 1M17, Boston, MA 02129.

Marion Republican Town Committee

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The Marion Republican Town Committee will conduct its next monthly meeting on Tuesday, September 1 at 7:00 pm at the Marion Music Hall, 164 Front Street, Marion. The public and new members are welcome.

2015 Mattapoisett Street List Books

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The new 2015 Street List Books are now available at the Mattapoisett Town Clerk’s Office. The cost for a copy of this newly redesigned book is $10. Stop by during normal business hours (Monday through Friday, 8:00 am – 4:00 pm) and pick up one of these handy reference books. While you are at Town Hall, don’t forget to grab a free copy of the new color street map of Mattapoisett that was published by a company called Mail a Map with the cooperation of the Town Clerk’s Office. A link to the map is also available on the Town of Mattapoisett’s website, www.mattapoisett.net.

From Alaska to the Bayview Hotel

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Join the Mattapoisett Historical Society and Seth Mendell on Sunday, September 6 at 5:30 pm at Shipyard Park as he talks about the life of Whaling Master Charles Bryant, who was instrumental in the purchase of Alaska and in later life the proprietor of Mattapoisett’s Bayview Hotel. In case of rain, meet at the Mattapoisett Historical Society Museum at 5 Church Street. Suggested donation: $5. For more information, please call 508-758-2844 or visit www.mattapoisetthistoricalsociety.org.

Historic Painting Finds Home at Music Hall

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The Marion Board of Selectmen met for a special meeting on August 21 to sign an agreement with the Sippican Historical Society to allow a cherished painting by a well-known Marion artist to indefinitely grace a wall inside the Marion Music Hall.

The framed oil on canvas titled “The Redhead” by Cecil Clark Davis (1877-1934) portrays an auburn-haired, finely-dressed female, identified in pencil on the back as Miss Adamson, seated in a mission style armchair at the Hotel des Grandes Ecotes in Paris.

The Sippican Historical Society acquired the piece in 2013. It was cleaned and lined and is mounted in a gilded frame.

Davis was born in Chicago but lived in Marion for many years. She was married to Richard Harding Davis, a famous war correspondent. She studied art under famous portrait artist John Singer Sargent.

The agreement the selectmen ratified Friday morning was contingent upon some changes Town Administrator Paul Dawson had made to the contract, which he called “minor edits.” Dawson said Town Counsel Jon Witten had reviewed the agreement, suggested the changes, and the amendments were forwarded to a representative of the society.

“It really was minor edits,” Dawson said. “I’m certain that the Sippican Historical Society will have no problem with it.” The society could come back in disagreement, said Dawson, but he doubted it.

“The Music Hall Committee is eager to have a piece of artwork that was done by Cecil Clark Davis,” said Dawson. He said the loaning of the artwork is for a long-term, potentially permanent basis.

The painting is slated for a wall in the front conference room of the Marion Music Hall.

The next meeting of the Marion Board of Selectmen is scheduled for September 8 at 7:00 pm at the Marion Police Station conference room.

By Jean Perry

 

For the Love of Books…

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When 5-year old Kennedy Zussy of Marion overheard her parents talking about how some New Bedford schools don’t have a school library for students, Kennedy found it unacceptable. No books? How can kids be smart if they don’t have books, the little girl wondered.

“All year, they had, like, six books on the shelf in the ‘library,’” said Kennedy, reflecting upon the urgency she felt to take action; for little Kennedy is an avid reader who loves books, loves reading with her parents, and loves learning to read. Her favorite book is Disney’s Tarzan, and any Disney book for that matter.

Kennedy’s mother, Shannon Zussy, admitted that she was not as enthusiastic as Kennedy in the beginning. With a toddler and her job, she wasn’t quite feeling up to the task of driving home the need to the community and calling on people for books. She wasn’t quite up to driving to pick books up, either, and lugging boxes of books to whatever schools needed them.

But Kennedy begged her mother to help her reach a goal of collecting 100 new and used books to donate to the New Bedford Public Schools. She begged, and begged, and continued to beg until her mom gave in, created a Facebook page, and started sending the word out to family and friends.

That was back in February.

Within the first two weeks, Kennedy had totally surpassed her modest goal of 100 books; instead, she collected 915 books, including some she bought with her own allowance. By June, Kennedy ended up with a whopping total of 1,342 books.

Kennedy presented the books to the New Bedford School Department in June and was presented with a certificate of appreciation from the New Bedford Public Schools Department. New Bedford City Counselor Steve Martins was impressed by Kennedy’s dedication to her fellow young readers, and he invited Kennedy and her family to the City Council Chambers to present her with a citation for her good work.

Kennedy didn’t stop there, though. She started collecting even more books over the summer, and as of Monday, August 24, Kennedy had already collected another 487 books – just about halfway to her second goal of reaching another 1,000 books.

However, she better move fast, because, as is the case with most 5-year-old philanthropists, her attention span already has her thinking ahead to the next cause Kennedy wants to take on.

“When I’m bored with collecting books, I’m going to do animal shelters,” a confidant Kennedy said, brushing her long light brown hair away from her face and off her shoulders. “I’m going to collect stuff like blankets, pillows, food … because most animals don’t have any shelter.”

Establishing school libraries for kids without books: check. Poor shelter animals without blankets or pillows, do not despair. Kennedy Zussy will soon be there.

If you would like to donate any used or new books before Kennedy moves onto the poor shelter animals, Kennedy is collecting books for preschool up to high school age level. You can contact Shannon Zussy via email at szussy82@gmail.com, or you can go to Kennedy’s project’s Facebook event page, “Kennedys Love for Reading 2.”

“We are very proud of her,” said Shannon. “She’s always had a big heart.”

Books make kids smarter, Kennedy firmly believes. She imagines how much smarter and happier other kids will be with 2,000 books. Now, about those animal shelter supplies….

By Jean Perry

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