Harvest Moon Thank You

To the Editor:

A Great Big Thank You to the Following for Making Our 1st Annual Harvest Moon Seafood Festival a Huge Success:

Richie Pasquill of Turk’s Seafood and his daughter Ruby and his cooks Chris Chaples and Chris Johnson; Liz and Ken Ackerman of Oxford Creamery and their employees Muriel Coderre and Mike Bliss; Joe Sousa of Shipyard Galley; Mattapoisett Police Officer’s Association, Chief Lyons and Officers Mitch Suzan and Craig LeBlanc and his daughter Kara; Chase Canopy — Danny and Andy Chase and staff; Monaghan Printing; Mahoney’s Lumber; Sea Gas; Rockland Trust; The Wanderer; The Inn at Shipyard Park; Michael J. Gagne, Town Administrator ; Mel and Ken Pacheco; Danny White and his twin daughters, Ashley and Danielle; Andy Bobola, Building Inspector; Maria and Gary Cananzey; Wally Rusinoski, Asst. Wire Inspector; Jim Sullivan, Gas Inspector; Barry Denham, Highway Surveyor; Nick Nicholson, Water/Sewer Superintendent; Dale Barrows, Board of Health; Al Meninno, Water Sewer Commissioner; Tony Tranfaglia of Village Signs; Kenny’s Farmstand; Sarah Piehler; Kathy Costello; Robin Schufelt; Joyce Lombard; Tom and Debbie Silva; Jackie Angelo; Christine Richards; Pat Moran; Annette Moran; Marc and Holly Nadeau; Louise Vandal of the Seaport Ice Cream Slip; Bill Sherman; Greg Huntoon of Valet Linen; Seaway Co.; Skip’s Marine; Nordic Inc.; Tempest Fisheries; Boston Sword & Tuna; New Bedford Seafood Auction; Eastern Fisheries; Marlees Seafood; Lou/Joe’s; Sysco Food Services; Bergie’s Seafood; White’s Dairy; F/V Concordia; F/V Endurance; F/V Westport; F/V Freedom; F/V Contender; F/V Iron Maiden; F/V Liberty; Trevor Kellum Trio.

And our sincere apologies if we accidentally forgot anyone, we truly thank you too!

Dan White

Mattapoisett

“The Many Moods of Christmas”

The Sippican Choral Society will present its Christmas concert on Friday, November 30 at 8:00 pm at the Grace Episcopal Church in New Bedford and Sunday, December 2 at 4:00 pm at Wickenden Chapel at Tabor Academy. Tickets are $12 for adults and $6 for children. Tickets may be purchased at the Bookstall in Marion; Gail’s Goodies in Mattapoisett; Symphony Music Shop in Dartmouth or at the door.

Starting with the Irish 12th century Wexford Carol, the concert will display the diversity of Christmas music, from familiar popular songs, folk carols and hymns to an ancient chant set to African rhythms. The well-known regional chorus is directed by Brian Roderick, and accompanied by pianist Michelle Gordon and organist Dwight Thomas. The Sippican Chamber Choir will also perform, and the Southcoast Children’s Chorus will sing under the direction of Leslie Piper. Please visit our website at www.sippicanchoral.org.

Gateway Youth Hockey Weekend Recap

Squirts 1: On Saturday, the Gateway Ice Wolves were handed the first loss of the season (4-3) after winning their first seven games. After trailing by 3 goals going into the second period, Tyler Lovendale provided a spark after being moved up to forward, but the comeback fell short by a goal. On Sunday, the Wolves got back on track, winning 9-0. Chris Gauvin was in net and earned the shutout for the Ice Wolves. Leading the scoring was Robert Maloney with 4 goals.  The win moves the Ice Wolves to 8-1 overall.

Squirts 2: The Gateway Squirt C2 team faced the Lower Cape Coyotes in Orleans Saturday, pulling off a 6-0 victory. The win was Goalie Alex DeMarco’s first shut out of the season. This was a great team effort with goals by Ben DeMoranville, Danny Flynn, Christopher Gauvin, Robert Maloney and Thomas Galavotti.

Pee Wees: The Pee Wee team opened the season with a hard-fought loss on the road. After getting out to a 1-0 lead, the YD team drew several penalties, scoring on a number of them, and the Pee Wees never recovered in the 4-0 defeat. The Pee Wee team avenged that loss the next day, winning their home opener with a dominant performance at both ends of the ice, shutting down Lower Cape 6-1. The line of Zach Lovendale, Nick Snow and Matt Maloney tallied five goals with Lovendale securing a hat trick.

Bantams: The Bantams took on Hanover Saturday night battling to a 3-3 tie. Hanover scored two quick goals before Mat St. John scored for Gateway late in the first. In the final period, and with Hanover leading 3-2, Goalie Chase Cunningham was pulled to add another forward and John Kelso tied it up. On Sunday, the boys suffered a 3-1 loss to Pembroke. Gateway took the lead early with a goal by Mat St. John, but Pembroke tied it and an interference against Gateway lead to a penalty shot and goal in the third, putting Pemboke up 2-1. An empty net goal capped Pembroke’s 3-1 win.

Longtime Town Employee Retiring

Longtime Secretary for the Mattapoisett Zoning Board of Appeals Maria Cananzey is retiring after 23 years of service to the town. She will be retiring in five weeks, according to Town Inspector Andy Bobola, who made the announcement at the Mattapoisett Board of Selectmen’s regular meeting on Tuesday, October 23 at Town Hall.

“It’s going to be a very difficult pair of shoes to fill,” said Bobola. “She’s been an absolute asset to the town. Everything she does is first class.”

The town placed an ad to the union to see if there was any interest for Cananzey’s position, however they didn’t receive any replies. The town will now place an ad in local newspapers with the hopes of filling the position as soon as possible in order to sufficiently train the new employee.

“Maria’s job is one of the more demanding clerical assistant jobs in the building,” said Selectman Jordan Collyer.

Town Administrator Michael Gagne said the candidates applying for Cananzey’s job will be tested to see their proficiency in a variety of computer programs such as Microsoft Office, Excel and Word.

In other news, Highway Surveyor Barry Denham expressed the need for another employee in his department. Currently, he has four full-time staff members, and according to him, that is not enough help to continue the level of service they are providing to the town.

“It’s extremely difficult to cover all the bases with the help we have,” Denham said.

The Selectmen recognized the excellent work Denham has done with the Highway Department and trust his need for another employee.

“No one likes to talk about adding full-time positions because it’s a budgetary matter,” said Collyer. “One thing I can say since Barry has come on board is that he’s done a phenomenal job and the resources are managed very well. I have no problem hiring a part-time or full-time person to help Barry with what he needs.”

Collyer assured Denham that he would look at salary numbers to bring another employee on board for the Highway Department and get back to him.

Denham also told the Board that the road repairs following the summer are very minimal, and heading into the winter, the department is well prepared with both a dump truck and plow to help sand and clear the roads.

“This has been a good summer,” he said. “The roads are in very good condition and there are only a few that actually need grading.”

Library Director Susan Pizzolato expressed the desire to keep the library open additional evenings during the week in order to provide ample meeting space for groups and nonprofit organizations who need the space to convene. She proposed keeping the library open later on both Thursdays and Sundays.

“By adding just six hours a week, that gives us a lot more opportunity to hold meetings in the library,” she said. “It would be great to offer the community some additional hours in their library.”

The Board agreed it was a good idea to entertain the idea, and encouraged Pizzolato to see if her staff could accommodate the new hours.

“We use the library a lot, it’s a great resource,” said Selectman Tyler Macallister.

Harbormaster Horace Field met with the Board to discuss an alternative plan to replace the float at Barstow Wharf. The float, which was installed in 1958, needs to be replaced before next summer. In order to replace it, it would cost the town $25,000.  However, they would receive nothing in return to make back the money.

Field proposed spending $34,000 for a more expensive float that would hold between 20 – 25 dinghy spots for residents. Charging $100 per spot, the town would receive $2,500 annually, and would make back the money from the purchase in less than a ten-year period, according to Field.

“I think he makes a pretty good argument here,” said Gagne.

Field will work with the Selectmen to put the project out to bid in a couple weeks.

Gagne informed the Board that the public restrooms at Ned’s Point, the Town Beach and Shipyard Park need to be replaced because they no longer meet the state’s requirements for accessibility.

“They are woefully out of compliance,” he said.

The ramps are not high enough to give wheelchairs enough space to get into the doorway. Additionally, the doorways are not wide enough to fit a chair, the turning radius inside the restroom is too small and the partitioning of the handicap stall is not adequate for the wheelchairs.

Gagne suggested starting with the Town Beach House since that facility is in the worst shape.

Gagne also updated the Board on the repairs to Town Hall. He said that the roof of the building has been replaced, however, the gutter and the downspout system have yet to be fixed, and it is creating a severe mildew problem at the building. The gutters have rotted at their joints, and Gagne is concerned some animals have made their way into the hall’s attic space.

The town will move forward with the rest of the improvements to the hall as soon as possible.

The Mattapoisett Board of Selectmen will meet again on Tuesday, November 13 at 7:00 pm at Mattapoisett Town Hall.

By Katy Fitzpatrick

Planning Board Railroaded by ZBA

Tensions ran high at Tuesday night’s Planning Board meeting as members expressed their concern and frustration at the tabling of the discussion of an article at Monday’s special Fall Town Meeting.

Last night, four out of the five articles on the Warrant were passed by over 150 residents who attended. But the one article which did not pass, regarding the Planning Board’s amendments to the Home Business Bylaw, was not even debated due to a successful effort by members of the Zoning Board of Appeals to table discussion of the article until the next Annual Town Meeting in the spring.

According to Town Planner, John Charbonneau, Planning Board Chairman Arnold Johnson was about to give a brief PowerPoint presentation about the proposed changes made to the bylaw. Before Johnson could begin, ZBA Chairman Richard Cutler read a prepared statement about the article, which was immediately followed by a motion made by ZBA Member Kirby Gilmore to table the discussion entirely. The motion passed and no public discussion was held for the bylaw.

“Unfortunately, we really didn’t get too far into it and it was pretty much a staged, choreographed thing to take it off the table,” Johnson said. “There’s a lot of misunderstanding out there and I think a lot of it is on purpose. When people choose not to understand or to accept something, they can, for lack of a better term, play dumb. I think the average person in the room at Town Meeting last night didn’t understand [that most of the law remains unchanged] and weren’t given a chance to understand it.”

In order to have a home-based business in Rochester, the current process requires applicants to get a special permit from the Zoning Board of Appeals. The Planning Board made some changes to the bylaw, one of which requires applicants to go through a site plan review process in order to determine whether or not the home is suitable to host a business.

As part of the proposed site plan review process, applicants would have to hire independent consultants in order to verify the information contained in their application and report those findings to the Planning Board. Some considerations in the process include the amount of parking spaces that may be required for the business, as well as ensuring that no more than 25 percent of the home is used for the business.

Despite the amendments to the bylaw, most of it remains unchanged.

“Ninety percent of the law is exactly the same as it what is already in our bylaws,” Charbonneau said. “But the Chairman of the ZBA, in his statement, gave misinformation about changes to the allowed size of farm stands and setbacks. But the zoning laws for the size of those structures remain the same.”

“We did change the definition of a farm stand, but we changed it to match the state definition,” said Johnson.

“The site plan review is meant to help take the applicant’s plans and make them work,” Charbonneau said.

“I think the changes we’re making will enhance the opportunities for people in Rochester,” said Johnson.

The Planning Board also reviewed the list of approved home-based businesses, which Charbonneau said was grossly out-of-date.

“We reviewed the use of this list, but it doesn’t account for all the changes that have occurred because of e-commuting,” he said. The Planning Board decided to eliminate use of the list entirely due, in part, to the difficulty enforcing a limit on the number of employees hired by a home-based business.

The tabling of the discussion of the bylaw amendment came as a surprise to the Planning Board, which has been working for over two years to finalize the amendments. During that time, the ZBA has been absent from the process.

“I happened to be sitting beside Richard Cutler and beside Kirby Gilmore,” said member Ben Bailey. He indicated that Gilmore was there to oppose the changes to the bylaw, said Gilmore facetiously said that “everybody would be home in time to watch the presidential debate.”

“The Planning Board has been working for more than two years on this. We’ve had multiple public hearings in various meetings about it. In those two years, nobody from the ZBA attended those meetings or offered comment,” Charbonneau said. “They have not participated in this process to date.”

“I’m not buying into the fact that there wasn’t sufficient time to make comment,” said Johnson. “There are multiple ways they could have made comment on this.”

Johnson said that he would be willing to add joint meetings between the Planning Board and ZBA to the schedule in order to promote an atmosphere more conducive to cooperation.

“We’ll outline everything on our terms. We’ll send them a certified letter with a date, and we’ll send out a notice to invite them to come. It’ll be the only thing on the agenda. If they don’t come, then we can decide to post up and go to their meeting.”

According to Bailey, members of the ZBA said at Town Meeting that they could not attend Planning Board meetings because “some of us have jobs.”

The article was originally on the Warrant for the Annual Town Meeting held this past spring, but the Planning Board voluntarily withdrew it after hearing concerns from Building Commissioner Jim Buckles and Board Member Bob Francis, who was not on the Planning Board at the time. At the time the article was added to the Fall Town Warrant, the Planning Board received no indication from the ZBA that they would push to table the discussion, nor did they receive any communication from the members of the Zoning Board of Appeals voicing any concern or dissatisfaction with the contents of the bylaw amendments.

Bailey continued to say that he would like to take action against the members of the ZBA for their actions at the Town Meeting.

“I would like to go to the Selectmen and ask them to unappoint everyone who was engaged in this ambush. Perhaps they could find a ZBA that is more amenable to working with the other boards of the Town.”

Bailey plans on attending the next meeting of the Rochester Board of Selectmen as a private citizen in order to voice his opinion on the situation.

“The things that were said by Mr. Cutler are direct insults at all of us and they should [know] that the Board itself acted in an imperious and insulting way. As a citizen, I would point that out because it’s demoralizing and the more things like that are done, the less likely people will want to volunteer to serve on boards. We will drive away the very people who could help us run this town well,” Bailey said.

“I think the insult goes to all of us and I think this whole board should show up,” said Vice-Chairman Gary Florindo.

The Planning Board may file each amendment to the bylaw as separate Warrant articles for the Annual Town Meeting in the spring.

In other business, the Planning Board voted in favor of a plan to create frontage in order to split a lot on Hiller Road.

The next meeting of the Rochester Planning Board will be on Tuesday, November 6 at 7:00 pm at the Town Hall.

By Eric Tripoli

101 Dalmatians Coming to Marion

Rehearsals are well underway for the Chapel Players of the First Congregational Church of Marion’s production of “101 Dalmatians,” a fundraiser to be presented on October 26 at 7:00 pm. and October 27 at 3:00 pm. in the Community Center, 144 Front Street. Tickets are $10 for all seats and may be purchased at the Marion General Store or from cast members.

This Disney musical includes a large cast of adults and children and is supported by many volunteers in the community. The show is directed by Wendy Bidstrup, assisted by Jamie Wiksten, with musical direction by Sandy Morgan. Bev Peduzzi adds her expertise with music and children, too.

The cast includes Suzie Kokkins as Cruella De Vil with David Pierce and Will Bruno as her bumbling, evil henchmen. Roger and Anita, the “pets” of the Dalmatian family, are played by Mark Tucker and Caroline Blais. Abby Wheeler is Nanny to the family.  arents Pongo and Perdita are played by Hunter Gonsalves and Kelly Fox with puppies Max Tucker, Julia Winters, Lauren Craig, Kelsey Kidney, Kathleen Dunn, Alexia Blais, Elizabeth Foley, Grace Magee and Sam Dunn as Lucky.

The Dog narrators are: Lillian Craig, Caroline Owens, Mason Tucker, Emma Whynacht, Michaela Mattson and Cameron Weaver. The London dogs are played by Kyla Horton, Alexandria Strand, Sara Besancoon, Emma Williamson, Mara Flynn, Erica Judd, Katherine Dwyer, Ella Mennino, Hunter Moreau and Abby Wiksten.

Rounding out the cast is Camryn Kidney as Sergeant Tibbs, the cat, Jeff Hallahan as the dog catcher and Fred Danhauser as the policeman. There will also be a special number by the Show Choir directed by Sandy Morgan and Jamie Wiksten.

Solar Panel Discussion Leads to Dissenting Opinions

Members of the Marion Planning Board (PB) met with the Marion Energy Management Committee (EMC) on October 22 at Music Hall in Marion — leading to dissenting opinions on a proposed zoning bylaw for solar panels.

EMC Chairman David Pierce said it was the Joint Committee’s responsibility to provide direction to the Marion Selectmen on how to proceed, but there was generally no consensus between the EMC and PB on the subject.

EMC Member Jennifer Francis stated that the EMC is trying to make any bylaw for solar panels as friendly to Marion residents as possible but were being met with resistance from the PB.

PB Member Ted North said a solar panel bylaw would essentially become a commercial project for land developers to make money off solar panels, which would defeat the intent of zoning.

“Why do you want to treat these things different than any other commercial project?” he asked. “If you open the property for these projects, you are going to attract investors and tax speculators looking for cheap land leases to put these properties on. The solar developers have no allegiance to Marion. These things are tax shelters, nothing more and nothing less.”

But Francis said most Marion residents “could care less” if developers make money if it benefits them by allowing them to purchase solar energy.

“There are people who may want opportunities to participate in a community project so they can put a solar panel on their roof,” Francis said.

She also noted that farmers profit and can receive zoning bylaws.

North and fellow PB Member Sherman Briggs noted that most of Marion is residential, which poses additional concerns.

“If you have a five-acre lot and you put solar panels on three acres of it, that is a huge hit to the neighborhood,” North said.

Despite the dissenting opinions, the Joint Committee agreed to bring the subject matter forward to the spring town meeting; the issue will be discussed further at the Joint Committee’s next meeting.

PB and EMC members also quickly agreed to present a warrant article at the spring town meeting to move forward with a rezoning bylaw for a transfer station site.

“If you look at the plan, it’s Lot 9 on Map 24. If you look at the zoning map, part of the lot is already in a limited industrial area. The suggestion is that Lot 9 become totally an industrial area as opposed to a partial industry area,” said EMC Secretary Norm Hills.

The Joint Committee also discussed whether to designate Marion as a Green Community.

EMC Member Bill Saltonstall said EMC will be attending a Marion Selectmen meeting in the next month and will try to address the various requirements for becoming a Green Community on their merits.

“I think we need to pick away at these things. I don’t know how much support we have among residents and I don’t want to ram it down people’s throats,” he said.

EMC and PB members agreed that residents need a lot more education on what it would mean to be designated as a Green Community, and this would need to be explained to residents when they propose specific projects.

“It sounds like we are moving towards [the Green Community designation],” Pierce said. “As new ideas come forward, we will need to be as clear as we can about what this all means. It’s going to be a step-by-step process as we go.”

The next PB and EMC Joint Meeting is not set, as it has to be rescheduled due to conflicts with other town meetings and Thanksgiving.

By Scott Giordano


Town Hall, Capital Repair Projects Approved

135 voters turned out in Rochester Monday evening, October 22, to vote for the five articles on the warrant for the annual Special Town Meeting. The event was held in the Rochester Memorial School cafeteria.

The first article, which was also the hottest item on the agenda, would spend $897,000 of the town’s money on various capital improvement projects around town. 11 items make up the list of projects, with repairs and renovations to the Town Hall being the most expensive.

Town Administrator Richard LaCamera outlined all parts of the project individually. $250,000 of the total cost of the projects would be to renovate the historic building, but only the exterior. New windows, roofing shingles and siding will be replaced on the existing structure; everything inside will remain untouched.

“We are trying to protect the integrity of the town hall,” said LaCamera. “It’s the center of town and it’s a building we must protect going forward. I’m sure most of you have noticed the condition of the town hall right now is in dire straits.”

The building, which is 120 years old, would be renovated to make it more maintenance-free. The current roof would be replaced with 40-year shingles, which require much less upkeep than the present material. Although the building would be renovated on the outside, LaCamera ensured residents that the building’s aesthetic appearance would maintain the historical look.

In addition to the town hall, the roofs on both the Police Department and Council on Aging would be replaced for $35,000 apiece. A handicap lift at the Plumb Library for $25,000 would make it more accessible. A new combined gas/diesel fuel tank for $125,000 would replace the two existing tanks, which are currently 30 and 20 years old, respectively. Renovations to the bathroom at the Fire Department would cost $25,000.

For town vehicles, the warrant outlined $60,000 to refurbish two firetrucks in order to extend their lifespan 8 – 10 years. New fire trucks cost approximately $425,000 each. A new highway dump truck with plow ($55,000), Highway mower ($100,000), Fire Chief Vehicle ($40,000) are all listed under the warrant as well, in addition to $17,000 for new Fire Department radios.

In order to pay for these projects, the town would use $277,000 of free cash in the town’s budget to pay for the first four years of the payments, until more money was made available a few years down the road when some of the town’s debt expires.

Several residents applauded a question raised by one voter, who wondered why all of these projects are being addressed now as opposed to gradually over time.

“I think your tactic about handling this is incorrect,” said the resident. “I’m sorry, it is just ridiculous to spend $900,000 all at once for maintenance items that should have been gradually taken care of over the years.”

Financial Committee Chair Peter Arminetti responded to the concerned resident.

“We are not spending $900,000 in one year. We do not have that money,” said Arminetti. “The reason we are doing them all at once now and we were putting them off before was because we didn’t have the budget.”

Furthermore, LaCamera explained the building projects and vehicle purchases have 3.25 percent and 2.75 percent interest rates, respectively.

“The market is extremely competitive right now,” said LaCamera.

The article passed 94 – 27 for all 11 capital project items.

Articles 2, 3 and 5 all passed unanimously. Article 2 outlined Right to Farm Bylaws in order to help protect the town’s right to farm down the road if and when more residents move into town. Article 3 outlined the details of the installment of the photovoltaic project previously recommended by the Planning Board.

Article 5 approved the town to build new multipurpose and little league fields at the Dexter Lane recreational facilities using money from both a state grant and Little League money. The state will fund 58 percent of the project and the Little League will fund the remanding balance.

Article 4, which looked at agricultural and residential structure regulations, was tabled for further discussion.

By Katy Fitzpatrick

Grand View Project: Withdrawn

It was to be another night of debate and argument over the future of Dean Withrow’s plan to build a single-family home at 25 Grand View Avenue. For months, the project has been met with a considerable amount of opposition from abutters in the neighborhood in various public meetings. Their concerns range from the placement of the house, to the design of the drainage system, and property line encroachment.

But Chairman Peter Newton began the continued hearing for the project by summarizing a letter submitted by the applicant, stating that they have acquired new legal counsel and requested a continuance so the lawyer could review all of the circumstances regarding the project.

Newton made it clear that tonight’s continuance would be the last granted for the project, in an effort to push the project forward in earnest and encourage Withrow and his neighbors to come to some sort of an accord on the plan.

“I think that it’s a fair approach and that a warning like this is sufficient,” said Tom Copps.

The members of the Commission were not on the same page, as some made it clear that they were not in favor of continuing the hearing, but would rather vote for or against it.

“To me, it’s really an abuse of process. This Notice of Intent should either be withdrawn or denied. This project is different than what was originally presented in their NOI. Personally, I can’t fathom filing a Notice of Intent knowing that the abutter whose land they’d be grading on doesn’t approve.”

“I’d call for a motion from this Board tonight to approve it or deny it,” said member Ken Dawicki.

“I’m just trying to come up to speed now on the project. What I’d like to let you know now is that the first thing that has been done has been to make sure that the property my client does own is fully in compliance with the previous order of conditions,” said attorney Shepherd Johnson on behalf of Withrow.

He said that they were grateful that the Commission was allowing a full month for Johnson to review the project and promised that the Commission will have new plans to review at least five days in advance of the next continued hearing.

“We understand your time is valuable and we want to try to make this right,” Shepherd said.

Shepherd’s confidence was not shared by the Commission or abutters, who have seen almost four months of vitriolic arguments thrown back and forth from both sides of the project.

“I think they should be denied right now, based on everything they’ve done,” said Leslie Kesselie, an abutter to the project. She felt that there had been too many last-minute project plan submissions, and too many continuances on behalf of Withrow.

Russ Bailey, another abutter, shared Kesseli’s concerns about the many delays to the project.

“There’s been quite a few and now, at the end, they bring in a lawyer. It’s been months,” he said.

“They should have come in with the consent from all the abutters first. We’re being abused a little bit here, we’re being treated as if we’re moderating or facilitating an agreement between the neighbors and what we should be doing is issuing an order of conditions for the construction they’re doing now,” said Rogers. “We’re finding out that the neighbors aren’t finding out about the new plans until the day before or the night of the meeting, so we’re being used to moderate the agreement between them.”

He then made a motion to deny the continuance, which carried unanimously. Rogers then made a motion to deny the project in its entirety, but Newton allowed Shepherd more time to argue his point.

“We’ll withdraw the project without prejudice, we’ll be back before the Commission with new plans, and a chance to start over,” Shepherd said.

The Commission then held an informal discussion with attorney Robert Moore, legal counsel for the Henderson family, abutters to the Grand View Avenue project, regarding non-compliance complaints, but it was short-lived.

“There is still an open order of conditions on this, so compliance isn’t really expected,” said Dawicki.

“Unless there’s actionable items, we can’t, as a Commission, force applicants to complete construction. They can let their order of conditions expire and they can refile or apply for an extension,” Rogers said. “If they’re working towards compliance, that’s one thing.”

The Commission requested Moore submit a letter outlining their specific grievances with the non-compliance issues.

Also during the meeting, the Commission heard from engineer Steve Gioiosa on behalf of Paul and Jayne St. Pierre of 25 Main Street. The applicants would like to install a stone step pathway near their home, but would have to undertake some minor regrading around the nearby public walking and bike path in order to improve accessibility.

“Since part of the project would take place on town property, we’ve been meeting with Town Administrator Mike Gagne for how we can get that done,” Gioiosa said. The project would not negatively impact any drainage flow in the area and would be completed clear of bordering wetland systems.

Newton was concerned about the maintenance and liability aspect of the project, since most of the project would take place on town property.

“I think the liability falls with the town, ultimately,” Gioiosa said. The stone steps would need to be monitored, especially during snowstorms, and cleaned off accordingly.

“I’m worried about a member of the public taking a digger down the stairs and cracking their head open. There should be more stringent legal framework,” Newton said.

The Commission requested assurance that the town of Mattapoisett has considered the liability issue. The members also believed that since the project would take place on public land, the town needs to sign off on the Notice of Intent. Neither Gagne nor any members of the Board of Selectmen have signed the NOI, but Gagne provided a letter of support for the project.

The hearing was continued so Gioiosa could meet further with other members of the town government in order to discuss the liability aspect of the project.

In other business:

• The Commission issued a negative determination regarding a Request for Determination of Applicability filed by Pat Richards of 10 Avenue A, who would like to extend the existing porch on the dwelling.

• The Commission voted in favor of an RDA filed by Theresa Sprague of 32 Marion Road, who would like to build a shed on her property.

• The Commission voted to accept the NOI filed by William and Sophia Macropoulos of 12 Howard Beach, who would like to repair an existing concrete seawall and jetty by pouring a concrete cap over the top and sides of the structure.

The next meeting of the Mattapoisett Conservation Commission will be on Wednesday, November 14 at 6:30 pm at the Town Hall. The meeting has been delayed due to the Veterans Day holiday on Monday, November 12.

By Eric Tripoli

 

ORYF Dance Teams Bring Home the Gold

The Old Rochester Youth Football Midget, PeeWee and Junior PeeWee Dance Squads had a great showing over the weekend at their competition on Saturday, October 20 in Providence, RI.  All three teams earned first place in their divisions, bringing home gold medals and trophies.  With the wins, the girls advance to the next stage of competition in Springfield, MA on Saturday, November 3.  Congratulations!