After months of review and face-to-face discussions with applicants, the Mattapoisett Community Preservation Act Committee was ready to make their decisions on the five grant requests received for FY24 Town Meeting. The fate of each request will be determined by an affirming majority vote on May 8 at the Annual Town Meeting.

            Applications for grants may cover a wide variety of projects from land acquisitions to playgrounds, from cemetery needs to housing units and certainly not to be forgotten are all things related to the historic themes the town holds so dear, such as the iconic swordfish which received funding in FY23.

            The groups, committees and organizations filing applications for FY24 were: Mattapoisett River Valley Water District (land acquisition in support of the Mattapoisett River Valley Water Supply Resilience Project); Christian Church, corner of Church and Baptist Streets (repairs and renovations); Mattapoisett Historical Commission (Phase 1 – historic town-wide inventory); American Legion Post 280 (ADA-compliant building improvements) and Mattapoisett Housing Authority (structural repairs and improvements to Village Court.)

            The MRV Water District is a four-town agency whose role in the communities of Fairhaven, Marion, Mattapoisett and Rochester is to explore and manage processes and procedures that help to protect, improve and expand freshwater resources within the district. To that end, Mattapoisett Water and Sewer Superintendent Henri Renauld, a member of the MRV Water District Commission and MRV Water Supply Protection Advisory Committee, submitted a grant request in the amount of $85,000 to help fund the purchase of some 151 acres in Mattapoisett along Long Plain and Acushnet Roads.

            This request is part of the larger initiative, the resilience project in which Mattapoisett, in partnership with the Buzzards Bay Coalition, secured a state grant in the amount of $4,500,000 for the purchase, along with the MRV’s donation of $150,000, the BBC’s $965,000, the towns of Fairhaven, Marion and Acushnet all seeking $85,000 in CPA grants from their respective communities, and Rochester pitching in $70,000 for a total of $6,025,000.

            The CPAC questioned Renauld on the process used for the consortium for the purchase price, asking would the conservation restriction planned for the acreage be into perpetuity, what would become of the red brick farmhouse used as rental property and would the Acushnet Road farm stand operated by Winterbottom Farm remain in place.

            The CPAC learned that the project lead is the Buzzards Bay Coalition, that none of the acreage could be carved out for an affordable-housing project due to the conditions by upon the state (MVP) grant and that the property will be open to the public for passive recreation purposes, much of which will be managed by the BBC.

            In the letter submitted with the grant application, Renauld wrote, “… the project directly abuts drinking-water supply wells for Mattapoisett, Marion and Fairhaven and will protect current gaps in the assemblage of water-supply protection land.”

            While the CPAC remained concerned about the future of the red brick farmhouse and lands used for the growing of food crops that supply the seasonal farmstand, they unanimously agreed that the grant should be funded. As Chairman Chuck McCullough framed it, “It’s like we (Mattapoisett) are getting 151 acres for $85,000.”

            Also moved for inclusion on the FY24 warrant were $38,000 for the Christian Church, $15,000 for the Mattapoisett Historical Commission, $42,000 for the American Legion Post 280 and $150,000 for the structural renovation to Village Court/Mattapoisett Housing Authority.

            McCullough explained that at Town Meeting each grant will be defended by its author and that questions from the floor are anticipated for some grant requests.

Mattapoisett Community Preservation Act Committee

By Marilou Newell

            Scott Rassoulian was voted an Order of Conditions for tree and brush cutting he applied to conduct for the sake of access to a right of way shared with other residents abutting his 195A Converse Road home.

            The decision, made by the Marion Conservation Commission during a March 22 public hearing, followed painstaking explanations to abutters regarding the limits of the ConCom’s purview in a case that heard abutters call property rights into question.

            Commissioner Shaun Walsh recommended an Order of Conditions stipulating that only the trees and vegetation specifically designated for removal on the plan of record may be cut. Those include: a 12-inch-diameter twin tree, an 8-inch-diameter tree, 6- and 12-inch-diameter Arborvitaes and a 4-foot bush to be cut in a west-to-east direction.

            The second condition in Walsh’s motion stipulated that only brush within the 10-foot-wide right of way that impedes the applicant’s ability to access the shore, including carrying a canoe, kayak or similarly small vessel may be cut. A third condition stated that no vegetation seaward of/or within 10 feet landward of the delineated wetland line as shown on the plan of record may be cut. “The last 10 feet, no cutting,” said Walsh. A fourth condition stated that the ground surface shall remain vegetated, meaning no digging, grinding, grubbing of roots or disturbance of soil would be allowed.

            The fifth condition stated that trees shall be cut flush to the ground, and cutting of brush and vegetation shall be no closer than 1 inch from the ground surface. Placement of loam, sand, soil or seed is not permitted by the Order of Conditions, and no heavy machinery will be allowed within 30 feet of the bordering, vegetated wetland line.

            Special conditions also include storm-damage prevention and flood control because the project is on land subject to coastal-storm flowage and buffer zones.

            Rassoulian’s Notice of Intent application sought the removal of the trees, shrubs and brush, explaining through representative Stevie Carvalho of New Bedford-based Farland Corp. that the project site is located on a 10-foot-wide right-of-way on the northeast corner of the property. Carvalho said the cutting would make Rassoulian’s right of way accessible and that there would be no excavation involved.

            Having visited the site, Conservation Commission Chairman Jeff Doubrava suggested that some of the cutting planned falls outside the scope of what is required to make the right of way accessible. He asked if the “bookend” trees really need to come down.

            Carvalho displayed a part of the botanist’s report that said two of the trees at that location appear dead and though he had not been to the site, questioned if it is a safety issue. Doubrava asked if there is a more-minimal way to achieve the opening of the right of way and referenced interested abutters.

            Walsh suggested the vetting process steer away from a negotiations process with abutters and focus on whether the application is permittable. He referenced a case that determined that the state Department of Environmental Protection is not the arbiter of property disputes, nor does MassDEP grant property rights. MassDEP, he said, only issues a permit that determines whether or not work that is proposed is essentially compliant with the Wetlands Protection Act. A “landowner,” he said, “encompasses anybody with a deeded right of way, an easement or a property right that’s considered to be less than a “fee interest.”

            Walsh stated that Carvalho’s inclusion of copies of deeds prove that the applicant has a deeded right to use the 10-foot right of way in common with others. “But what’s important for everybody to know is that doesn’t give those other people who have a right of access the right to veto what somebody else is proposing to do. That would defeat the right of way,” explained Walsh, an attorney. “If folks think that they have a right to do something or to prevent others from doing something, they have to go to court for that. That doesn’t have any bearing on the Conservation Commission’s evaluation of a project.”

            Commissioners Emil Assing and Matt Schultz supported the project but shared concerns, Assing regarding how tree stumps would be left and Schultz the treatment of the cleared areas.

            Conservation Agent Doug Guey-Lee acknowledged Walsh’s legal expertise on the matter and noted that the second condition of any Order of Conditions states that the order does not grant any property rights or any exclusive privileges, and it does not authorize any injury to private property or invasion of private rights.

            Representing abutter Greta Hardina, engineer Bill Madden said there is a utility pole not shown on the site plan, along with a guide wire wrapped in vines that lands in the right of way. Noting the 10-foot width, he asked what methodology would be used to remove the trees without impacting neighboring properties in the wetlands buffer zone.

            Madden said no methodology nor plan to grind stumps was included in the NOI and asserted that ground stumps will over time leave an impression not conducive to passage. Having visited the site, Madden also said the brush appears in two locations to include stones needing removal. Estimating 7 feet of width between the trees, he questioned whether the access needs to be 10-feet wide. “I think there’s an alternative to minimize the activity …,” he said.

            Madden suggested methodology be included in an Order of Conditions.

            Hardina asked, stating the property belongs as much to her as to the applicant, why she is not signing off before the proposal can be vetted.

            “The trees are not dead. There’s not three little Arborvitaes, there’s cedar trees, Junipers that have been there since I was a child,” said Hardina, stating that there is “a bunch of habitat” on the site. “They absolutely have plenty of room to pass without taking down these trees.”

            Hardina said she and Rassoulian spoke about water access when he moved in and that Rassoulian said he planned to cut down trees on his own property and offered to cut down any that Hardina wanted cut down as well. “So you have to understand why we’re questioning this, it’s more about his view,” said Hardina. “There’s plenty of room to pass by without cutting down any trees, and that’s been offered since day one. And I will still advocate for that.”

            Abutter William Ducas said his view on trees is, “if they have to be cut down and it’s permitted, great. I’m a big believer that a similar-type tree or a better tree be planted somewhere near there. I don’t know if this is the right committee to impose that responsibility, but that would be something I’d be very keen on if I have a right to speak to it.”

            Doubrava cautioned the public that the commission would not be speaking about the land or rights of way, only the wetlands impact.

            “The reason the property ownership is not relevant is because conservation commissions and MassDEP do not have the legal authority to make any ruling with respect to property ownership,” explained Walsh. “That’s the law, it’s abundantly clear.”

            Resident Margot Mims told the commission that foxes have been in and out of the marsh in the area and said she would hate to “have too much going on down there and mucking up the habitat.”

            Abutter Mark Ross agreed with Madden that the trees do not need removal for the sake of Rassoulian’s access to the water.

            In other business, S&S Ventures LLC’s restoration plan at 694C Mill Street has been accepted by the commission. A previously issued Enforcement Order will be left open. The same applicant’s Notice of Intent for reconstruction of a single-family house at that address was voted an Order of Conditions. Representative Dave Davignon of Schneider, Davignon & Leone Inc. presented changes in the site plan, and Brad Holmes of ECR Environmental Restoration also spoke to the application. Assing moved to include a continuing condition that the boulders on the site plan be maintained.

            The commission also voted to approve changes in Sippican Lands Trust’s site plan for the clearance of trees and stumps, removal of topsoil and placement of a gravel base with stone surface to construct a parking area inside a 33-acre parcel off Mill Street.

            Clayton Bosch was issued a full Certificate of Compliance for work performed at 2 Sassamon Trail.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, April 12, at 7:00 pm at the Police Station on Route 6 and accessible via Zoom.

Marion Conservation Commission

By Mick Colageo

            After Old Rochester Regional School Committee member Matthew Monteiro explained his December, 2022, request for review of 10 controversial books currently accessible in local public school libraries was motivated by a desire to achieve transparency, he presented a 16-minute argument for their inclusion during the committee’s March 15 public meeting.

            Committee member Joseph Pires issued a brief rebuttal, followed by member Jason Chisholm’s comments confessing concern tempered by his recommendation that the vetting process remain in the hands of those selected to make such decisions.

            The outcome was a series of votes that approved all 10 books under review: “All Boys Aren’t Blue,” “Beyond Magenta,” “Flamer,” “Gender Queer,” “Lawn Boy,” “Let’s Talk About It,” “Out of Darkness,” “The Absolutely True Diary of a Part-Time Indian,” “The Bluest Eye,” and “The Hate U Give.”

            Chisholm, Monteiro, ORR School Committee Chairperson Michelle Smith, Vice Chairperson Frances-Feliz Kearns and members Rosemary Bowman, Margaret McSweeny and James Muse voted to approve all 10 books under review. Committee member April Nye voted to approve all, except “Gender Queer.” Pires voted no on eight of the 10 books, voting to approve “The Hate U Give” while abstaining from voting on “The Absolutely True Diary of a Part-Time Indian.”

            Before arguments were made and votes taken, Superintendent of Schools Mike Nelson summarized the process through which the School Committee’s previously adopted policies related to Policy I.J.R. “Reconsideration of Instructional Resources” was being challenged. The decisions, said Nelson, are good for three years before they become subject to further appeals.

            “I do not agree that these books are obscene or problematic, and I support the representation of marginalized communities,” said Monteiro, prefacing the explanation for his request. “But my opinions are those of one individual. It is time that these books go through the process of review so that all can be satisfied that they have been evaluated, and people’s concerns can be addressed. … And, I expect the review process will be fair.”

            Monteiro stressed that he was not part of the deliberation on the books by the Standards Committee but still sought further review by the School Committee at large for the sake of transparency.

            “These books are not pornography, they’re accurate depictions of sexual experiences,” said Monteiro, stating that the remedy to pornography’s harms is education and accurate information rather than shielding learners. He argued against the idea that the books under review present harm to students by noting how long each of them have been on school library shelves, one dating back to 2008.

            Referencing his master’s degree in clinical psychology, Monteiro said he has worked with children from ages 4-17 and adults of all ages but has never been sought for treatment of a person for exposure to a novel. Acknowledging people’s addiction to video games and/or pornography, Monteiro differentiated the books under review as novels with limited sexual content.

            Comparing exposure to sex in the novels under review to the dangers of eating meat or playing contact sports, Monteiro rhetorically asked if sports should be banned and only vegan meals served in the school cafeteria. He said no one is required to read the books under review and argued that making the books under review unavailable to all students is not giving parents control but rather taking it away.

            Monteiro also read passages from “The Canterbury Tales” and the Bible as examples of explicit, sexual content that has been in high school libraries for many years. He said that those books should be subjected to the same scrutiny as the novels up for committee review. He argued that other, more-modern books such as “Lady Chatterley’s Lover,” “Game of Thrones” and some Stephen King novels warrant the same attention. Monteiro concluded that opposing viewpoints are politically motivated.

            None of the books under review, he stated, were donated to the school libraries. Had any of them been donated, said Monteiro, it would have been vetted by the librarian. Monteiro’s final remarks drew applause from some audience members.

            Upon conclusion of Monteiro’s lengthy statement, Smith introduced the 10 votes, the first to see if a motion would be made to keep “All Boys Aren’t Blue” in the library. After the motion was seconded, Pires thanked Monteiro for laying out what he said is the thinking process of some members of the committee but not himself.

            “If you’re not horrified by what you just heard, I’m sorry. The majority does not feel the way Matt Monteiro feels,” said Pires, also drawing applause for his remarks. “I’m extremely disappointed because if you know me, I like to meet in the middle. I like to compromise, and the fact that no one on this board has even moved an inch … to adhere or understand or meet you halfway, how can we work this out? That’s never been on the table. It’s unfortunate that a parent’s rights are being superseded to protect their child’s innocence. That’s all I have to say.”

            Acknowledging that opposing opinions on the matter have been heard extensively for months, Chisholm told the committee he was conflicted.

            “Our society has become drastically oversexualized, and that’s not a new thing. I also recognize that we have people and a process in place, and we’ve selected the right people – one way or another these people have been selected based on credentials, experience and knowledge, and they are empowered to manage this process,” said Chisholm. “Now I can tell you as a parent, as a Christian, I do have some challenges with some of the content and some of the imagery within these books. But I can’t ignore that first point … we have people in place to manage the process.

            “I find comfort in allowing those people to do their job for one simple reason: The moral compass and the expectations of my children are set by myself and my wife, no one else. If I have an issue with any of the content or the materials presented in these books, what’s on TV, what’s on social media, what some neighbors may say, I deal with it with my wife and my children directly. And I believe in the power of that.”

            With that, Chisholm told the committee he would vote to approve.

            Smith thanked the Standards Committee for its work on 13 books, 10 of which were voted upon March 15.

            Pires told the School Committee, “We should raise some real concerns with the qualifications of the Standards Committee.” Smith asked for his suggestion in writing.

            During Open Comment toward meeting’s end, Thomas Kearns of Mattapoisett articulated support of Monteiro’s contentions that were expressed at length earlier. Pires, whose opposing viewpoints were referenced in Kearns’ remarks, responded at which point Smith interrupted to restore the prescribed order (Open Comment is not a dialogue, etc.)

            Vanessa Miller of Marion did not support the vote, saying her autistic son will repeat what he hears other students talking about and mimic the images in the books reviewed. She called the books amoral and disgusting and said common sense was lacking among the experts who managed the approval process.

            Karen Thomas of Rochester asked why the book “Beyond Magenta,” recommended for ages 14 and up, is accessible in the ORR Junior High library. By implication, she defended Pires, recalling his statement from months ago that he is not in favor of banning books. “What we wanted was concern for 400 parents,” she said, pointing to a possible survey. She accused the committee of shutting down Pires’ request that the community be involved in the process.

            Another resident asserted that the School Committee has willfully ignored its own policies that would vet book donations.

            A student from Rochester spoke in favor of the books and told meeting attendees that if they are not in favor of the books, to keep their children away from them, something Monteiro stressed remains within parental purview. In an emotional plea, the student asserted that there are many books in the school library that are not being debated but are far more sexually explicit and asked for consistency from the controversial books’ critics.

            In other business, the ORR School Committee unanimously voted to maintain the maximum allowable limit of 125 School Choice students for the 2023-24 academic year.

            There are 103 total School-Choice students in 2022-23. Nelson anticipates 19 will graduate this June from ORR. He recommended modifying two of the caps so that Grade 7 will be allowed a maximum of 20 new School Choice students and in Grade 8 no more than five. Preference will be given to Grades 7, 8 and 9. As of March 15, ORR had already received 25 applications to fill slots presumably available for the 2023-24 academic year.

            In separate votes, the School Committee approved a $75,468 grant from the Department of Early Education and Care for the ParentChild+ Program and a $10,000 Safe and Supportive Schools Grant for FY23. The ParentChild+ Program, done in collaboration with neighboring Wareham, brings literacy coaches into homes; the Safe and Supportive Schools Grant is a self-assessment tool that will identify needs and improve a particular area.

            The School Committee approved a $421,000 budget transfer for repairs to the high school track, which will remain closed during the spring season. Nelson told the committee that ORR’s spring track-and-field practice time and schedules have been arranged with the cooperation of other area school districts.

            Nelson also told the committee that Christine Gagnon, approved as ORR District treasurer in a prior meeting, has officially agreed to terms and has begun her employment.

            Assistant High School Principal Vanessa Harvey reported acknowledgments to ORR’s state-champion DECA and indoor-track teams.

            The School Committee approved a junior-class fundraiser to sell mattresses.

            New Marion Town Administrator Geoff Gorman greeted the committee at the start of its meeting.

            The Joint School Committee/Superintendents Union 55 is scheduled to meet on Thursday, March 30, at 6:30 pm at the ORR Junior High media room. The next meeting of the ORR School Committee is scheduled for Wednesday, April 26, at 6:30 pm.

ORR School Committee

By Mick Colageo

            The March 28 Mattapoisett Select Board meeting might have been the shortest yet, but it was filled with the business of managing the town.

            The board closed the FY24 Town Meeting warrant containing 29 articles. Town Administrator Mike Lorenco said that most of the articles are standard and primarily related to finances and spending. However, there may be several articles brought forward to the voters by voters touching on such issues as dog waste in public areas, the establishment of a cemetery commission, a solar bylaw and an article asking the voters to support via funding Old Colony Regional Vocational-Technical High School’s need for a master-plan study of the facility conditions and potential expansion. A copy of the warrant will be posted on the town’s website, Lorenco said.

            The board moved and approved use of American Rescue Plan Act funds in the amount of $510,000 for sewer and water-line replacement necessitated by the antiquity of the underground systems that failed on Oakland Street. Regulations on how ARPA funding may be used by municipalities allow for infrastructural projects. Lorenco said that while the street is open for the sewer work, water and gas piping will also be updated. Piping in this area dates back to the early 20th century, it was noted.

            Another much needed system repair and upgrade is that of a failing culvert on Pine Island Road. Highway Surveyor Garrett Bauer said that a grant in the amount of $200,000 (Mattapoisett to make a 10% match) is being sought and asked the board to approve a letter of endorsement for the project to be included with the grant documentation required. Lorenco said a stream is currently running freely under the roadway, highlighting the need to replace the crumbled box culvert.

            The board accepted the resignations of Trevor Francis from the Conservation Commission and E. Robert Garde as plumbing inspector, and the appointments of Christopher Brennan to the Cultural Council and Virginia Nelson to the Agricultural Commission.

            A public hearing was held for prescribed changes to the Waterfront Rules and Regulations. Lorenco said no public comments were received during the time the document was publicly posted. No comments were made during the public hearing. The hearing was closed and the updated document approved.

            Lorenco said that a public meeting will be held on Wednesday, April 12, to discuss Phase 2A of the Mattapoisett Bike Path. This section will take users from Depot Street to the entrance of Industrial Drive.

            The next meeting of the Mattapoisett Select Board is planned for Tuesday, April 11, at 6:30 pm.

Mattapoisett Select Board

By Marilou Newell