Harbormaster Seeks Clarity, Budget Support

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            Deputy Harbormaster Adam Murphy came away with a measure of confidence from his recent meeting with new Town Administrator Geoff Gorman, in which they and Harbormaster Isaac Perry went over “how the (Harbormaster) Department operates and how to make it better, reach goals that we’ve set.

            “I can honestly say after meeting with the town administrator … he’s hands-on, he knows what we need to do. He’s very supportive of the (new Marine Center) building,” Murphy told the Marine Resources Commission during Monday night’s public meeting at the Music Hall.

            According to Murphy, Gorman has asked the department for a three-year plan as it searches for boat-storage rental space. Sheltered space is “difficult to find,” said Murphy, who noted that even the local boat companies rent space to absorb their overflow.

            Though its day-to-day operations will not see a recognizable difference going forward, the last year has been tumultuous for a Harbormaster Department leveraged by statewide police reform into budgetary constraints, reorganization and heightened concerns as to how the department will continue to provide many customary services.

            “I can’t stress it enough that the MRC needs to dig their heels in with what they want to see. … It really has to come from you guys,” Murphy told the membership.

            In addition to the rising cost of a new headquarters construction yet to begin, the department lost its storage space when the town sold its property on Atlantic Drive. Meantime, the Department of Public Works is ahead of the Harbormaster Department in its effort to construct a new operations center at Benson Brook.

            The harbormaster hopes the old DPW site can function as boat storage and help preserve the former’s capital interests, but that scenario is three years away. The town has also told Perry that the deteriorating seawall at Island Wharf falls on the Harbormaster Department.

            “We’re trying to come up with a temporary fix until grant funding becomes available,” said Murphy, noting that “time was too short” to apply for a grant that was available in February. “The town wants MRC and (Harbormaster) Department to take that project on.”

            MRC member Peter Borsari asked Murphy if the town plans to make its front-end loader available to the Harbormaster when a storm is coming in.

            “I hope so. … I have a commitment from the town administrator … he seemed pretty enthusiastic that we’re able to use the town’s equipment,” said Murphy.

            Murphy met with the Finance Committee last week to discuss the Harbormaster Department’s FY24 budget and reported to the MRC that the FinCom raised no red flags with news that repairs on the existing patrol boat are going up.

            “Next year changes to reflect the outsourcing of stuff in the near future until we get a facility adequate for the Harbormaster,” explained Murphy. “People are sending in their invoices and paying them, no issues with that.”

            Former Chairman Greg Houdelette, who presided over Monday night’s MRC meeting in lieu of Chairman Vin Malkoski, who was unable to attend, noted that floats are an issue separate from indirect costs to the department.

            Murphy was encouraged to learn that the town has indicated it will split the cost of using its equipment to get floats in and out of the water.

            “(Gorman) was trying to explain to us how the indirect costs affect our budget,” said Murphy. “The indirect costs are an accounting exercise, so we know the cost of operating the … department. They’re not taking that money from us.”

            Murphy said he is still trying to achieve clarity on the matter. As he has understood it, the money that the Harbormaster puts into the town’s General Fund does not go into the Waterways Account. “That question should really come from the MRC so we can budget forward,” said Murphy, stressing the point of the commission’s involvement.

            MRC member Scott Cowell acknowledged that Finance Director Judy Mooney “explained some of it.”

            “(After) meeting with Judy, I was under the impression that she was going to cut some of the percentages … but the meeting on (March 22) I was under the impression they’re not going to take the money from us,” said Murphy.

            Murphy estimated there is $239,000 in the Waterways Account but with capital projects drawing upon it. Upon reviewing his spreadsheet, Murphy said there was $10,000 remaining that was going back into the Waterways Account. “Apparently that’s not the fact,” he told the MRC.

            “We generate $12,000 in shellfish permits; $6,000 we propagate, the other $6,000 goes back to the General Fund,” said Murphy, noting that the department’s annual operating budget comes out of Waterways Account. He said the General Fund gets half the money generated by water-related taxes and revenue, but he admitted to confusion as to whether the Harbormaster Department is being charged or if those operating costs are only isolated as an accounting exercise for informational purposes.

            The Harbormaster has increased boat-related fees to generate $150,000 in general funds for the Marine Center construction project.

            Cowell said the department’s last increase was in 2015. “That was supposed to keep carrying over … so we weren’t in a predicament when we went to buy a boat … then ‘indirects’ went up,” he said.

            According to Murphy, the Waterways Account was charged $186,000 in indirect costs and after budgeting, had $10,000 remaining in the account.

            Citing almost $60,000 for a new dinghy dock, Murphy said that many boat owners are selling larger vessels and replacing them with smaller ones.

            “We’re the ones building the floats, we maintain the floats … but all the revenues that are made from that go to the General Fund,” said Murphy.

            Cowell said a cement float requires insurance and any benefits derived “should come back to Waterways (Account) because the Waterways paid for that float,” he said. “Who rebuilds those floats but us? They’ve got to have some responsibility somewhere.”

            Murphy encouraged the MRC to seek a meeting with Gorman.

            “We not only need to get this laid out and (arranged by) line item, but we want reasons. I feel a lot of times like we’re being treated like an enterprise account and we’re not,” said Houdelette, who said he will discuss next steps with Malkoski and set up a schedule. “We may sit down with (Gorman) for a couple of hours to get this straightened out.”

            “I can assure you he will take everything you have to say and process it, and he will definitely have an answer for you,” said Murphy.

            Meantime, the Marine Center, which fell $700,000 short of its grant-funding goals compounded by spectacular inflation over the past two years, is in a holding pattern. Murphy indicated the next presentation to voters would occur at a Special Fall Town Meeting, not the May 8 Annual Town Meeting.

            Houdelette introduced the former sporting goods store across Front Street as a potential Plan B. “Really this is just an exercise … we won’t know what we want to do with this until we know about the main building,” he said.

            Architect Will Saltonstall, who attended the meeting, said the fire has left a shell of a building.

            “It’s in the flood zone, it’s too low, encumbered by the same rules down here (at Island Wharf.) Steel structure, needs a lot of work, had a fire, in pretty rough shape,” summarized Saltonstall, who noted property owner Frank Fletcher will put it on the market at some point.

            Tabor Academy’s athletic fields are immediately adjacent to the store, but Murphy doubted its viability as a parking lot for Old Landing. Murphy said the Select Board allowed use of the Cushing Community Center parking lot but also said that lot is full.

            Murphy told the commissioners that Perry, who had back surgery during the winter, will soon be returning to his duties as harbormaster.

            Tad Wollenhaupt was recognized as a full member of the MRC, and Houdelette noted that Ray Cullum becomes the first alternate.

            The next meeting of the Marine Resources Commission is scheduled for Monday, April 17, at 7:00 pm.

Marion Marine Resources Commission

By Mick Colageo

Marilyn Kinney Lee

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Marilyn Kinney Lee, age 88, of Mattapoisett, passed away Tuesday March 28, 2023 peacefully at home surrounded by her family. She was the beloved wife of 52 years of the late Daniel C. Lee, Jr., and the daughter of the late Police Chief Alden S. and Mrs. Doris L. (Perreault) Kinney.

            Born in New Bedford on June 4, 1934, Marilyn’s roots in Mattapoisett were strong and deep. She attended Center School and Fairhaven High School and graduated from Dean Academy in 1953, where, as a cheerleader, she cheered on Dean’s Basketball Team on the parquet of the old Boston Garden. Marilyn received her Associate’s Degree from Endicott College in 1955 and continued her studies at Rhode Island College and Bridgewater State University. As an early childhood educator, Marilyn started a Kindergarten on Cape Cod, taught at Sacred Hearts Academy and the Anthony School in Fairhaven, and Center School in Mattapoisett, where she retired as a Special Needs Teacher. She was passionate about providing area children, particularly those who needed a little extra help, the opportunity to learn and achieve.

            Marilyn’s interests were many and included sailing, history, genealogy, music, reading, and crewel work. In her youth and young adulthood, Marilyn and her sister sailed their Beetle Cat, Dixie Cup, to victory in many Mattapoisett Yacht Club races. In addition, she played the violin in the New Bedford Young People’s Orchestra and was a Girl Scout who achieved Mariner status. As such, she acted in Warner Bros. Pictures’ film Women of Tomorrow.

            Marilyn proudly traced her roots back 11 generations in the region and was a key member of the Mattapoisett Bicentennial Committee, celebrating America’s 200th anniversary in 1975-1976. She designed the logo for the town’s yearlong event, which became the centerpiece for commemorative plates, t-shirts, and sweatshirts, among other items. Marilyn also served as an appointed member of the town’s Recreation Committee and the Mattapoisett Historical Commission.

            No role was more important to Marilyn than that of wife, mother, grandmother, and great-grandmother. She was devoted to her family and was a kind, loving, and guiding presence to her late husband and two children. Her three grandchildren enjoyed summers at “Camp Marilyn,” and her two great-grandchildren loved playing “stuffies” and trucks with her.

            Marilyn is survived by her son, Daniel C. Lee, III and his wife Tracey (Robert) Lee; her daughter Darcy H. Lee; her grandchildren Casey (Lee) Rogers and her husband Adam Rogers, Owen Kinney Lee, and Madeleine Olivier Lee; her great-granddaughter Alice Carole Rogers and great-grandson Andrew Emerson Rogers; her sister Jocelyn Kinney Baylow, nieces, nephews, and cousins, and many, many friends, including Table 48 and the Fairhaven High School Class of 1953 Lunch Group.

            The Lee family invites you to Marilyn’s visitation, Funeral Mass, and burial on Wednesday, April 5th. Visitation will be held from 9 am – 10:30 am at Saunders-Dwyer Mattapoisett Home for Funerals, 50 County Road, Mattapoisett, with the Funeral Mass at 11 am at St. Anthony’s Church, 26 Hammond Street, Mattapoisett. Burial will follow at Cushing Cemetery, Mattapoisett. For directions and guestbook, please visit www.saundersdwyer.com.

From the Files of the Rochester Historical Society

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            Pretty much all of Rochester’s early settlers began as farmers. Even the owners of the gristmill and smithy had gardens and kept chickens and probably a cow. Like the original Pilgrims, many of these settlers had not been farmers in their former lives. While Rochester’s fields were good for pasturage, they weren’t as fertile as those in other areas. This made farming more challenging, so many industrious settlers who had been mechanics or had plied other trades took on other jobs to supplement their incomes.

            Many of our residents came from the area of Kent in England, an area known for its shipbuilding. Also, some of the “first comers” came to town by way of Scituate and Marshfield where shipbuilding had been going on for 30 years. Given the poor quality of the early paths and roads and the proximity of the ocean, it made good sense to turn to boatbuilding, both because there was a market for selling ships and also using them for trade.

            Early on, the boats were both worked on and jointly owned by a group. Working during the winter, when farmers had more free time, each man’s skills and abilities were used to do mechanical work, to furnish timber, to do iron work or to contribute money. William Barstow who lived to be over 90 before his death in 1891, said, “vessels were built here as early as 1740 or 1750, sloops and small schooners. There was no science, they were built by sight of eye and good judgment.” In other words, there was no preconstruction drafting.

            First, a keel would be put down and then the “stem and stern” would be attached. Next, midship a frame or rib would be fastened to the keel with several more ribs between the midship frame and both ends of the vessel. The next step was to run “rib bands” or thin strips of board from bow to stern at varying heights.

            With no models to work from, some strange ships resulted. To again quote Barstow, “Mr. Hastings was put in a towering passion by being told his starboard bow was all on one side.” One locally built sloop was christened “Bowline”, “because she was so crooked.” Another old whaling ship named “Trident” and built in 1828 was so much out of true that she carried 150 more barrels of oil on one side of the keel than the other. According to those who sailed her, “she was logy on one tack, but sailed like mischief on the other.”

            At first, builders of the sloops or schooners made money by selling them in Nantucket or Dartmouth and splitting the money amongst themselves. Others, like the sloop, “Planter” built in Rochester was run as a freighter from there, prior to the Revolution.

            Rochester could also lay claim to small sailing vessels. While the information on many have been lost to history, we know the sloop “Defiance” was a Rochester ship that began its voyage in 1771. Part of the reason that the vessels are hard to track is because Rochester at this time was not a “port.” A “port” at this point in time was a “place from which merchandise could lawfully leave or enter the country.” It was at these ports where records were kept and where proper papers that were carried on ships “to provide protection as a regular British craft” were handed out.

            Some records kept in Nantucket prior to the Revolution give information on ships built in Rochester. One was the “Rochester” which was purchased by Nathaniel Macy of Nantucket and which sailed from there in June, 1774. Unfortunately, the “Rochester” struck Great Point Rip and both ship and crew were lost at sea. This was not an uncommon fate with all the dangers that came with storms, privateers and the lack of navigational aids like charts, buoys and lighthouses.

            The ship, pictured here, the” Niger” was built in 1844 toward the end of the area’s shipbuilding days. The “Niger” weighed 437 tons and was built at “Holmes’s yard east of Long Wharf, at the south of the post office” in what was then the Mattapoisett section of Rochester.

By Connie Eshbach

Rochester Lions Easter Egg Hunt

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The Rochester Lions Easter Egg Hunt will be on April 1, 8-10:30 am. Egg hunt by age group, Bunny leaves at 10:00. Bingo style Egg Hunt. The hunt will be at the Arch at the Meadow on Mendell Road, Rochester. Proceeds to Lions charities. For info, call Lorraine, 508-728-7767.

RMS Drawing Closer to Solar

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            The Rochester Planning Board Tuesday night took the proposal for a large-scale, solar array at Rochester Memorial School several steps closer to approval.

            The board approved the requirement that the developer, Solect Energy Development, post a five-year, $38,000 bond to ensure that proper landscaping and other maintenance will be paid for, should the developer walk away from the project within the five years.

            Planning Board Chairman Arnold Johnson noted, however, that the developer is still on the hook for maintaining the project for life. Other measures will be taken, should something requiring emergency maintenance occur past the five-year mark. The town, he said, would tax-lien the property and go out to bid for someone to fix such a problem.

            Additionally, the panel voted that Solect Energy Development post a $270,000 decommissioning bond. But it also approved all five waivers the developer was requesting with approval of the project’s Special Permit and Site Plan Review application.

            The board will now work on a draft decision, Johnson told project representative Jose Pacheco of Green Seal Environmental, Inc. The panel will discuss the draft at its next meeting, then render a decision at the meeting after that.

            The canopy-mounted large-scale solar photo-voltaic system will be built over the rear parking lot of the Rochester Memorial School. This installation will measure 222 feet long by 438 feet wide, be supported by seven columns and will be built on 13.7 acres, Pacheco said in a previous hearing.

            The work will take place within a Residential/Agricultural District, a Groundwater Protection District and inside the Mattapoisett River Valley Watershed. Pacheco said he has yet to receive a letter of endorsement from the MRV Water District. Johnson noted that letter will likely be received before the board’s decision vote.

            The board began the public meeting by approving the amended special permits for two solar, photo-voltaic system installation permits for projects on Featherbed Lane and Braley Hill Road. It then reappointed Gary Florindo as its representative on the Soil Board.

            The subject of the town’s evolving Access to Town Counsel policy led to a suggestion from board member Ben Bailey, who has vocally objected to the policy language that only the chairperson of a board, not its members, are allowed to pose questions to Town Counsel through the town administrator.

            Johnson noted the next interdepartmental meeting that will talk on the policy won’t be for another six months. Bailey, nonetheless, aired his current proposal. He said the new Town Counsel, Mead, Talerman and Costa, LLC, should submit regular accounting of the costs of its legal service to see how much the law firm’s legal advice is costing the town.

            “We pay the $8,000 a month,” Bailey said. “I want us to see what we are paying for.” He then reiterated his main complaint against the current policy as written, that Town Counsel attorney Jay Talerman said allowing board members such access to legal opinions would “create chaos.”

            Bailey likened Talerman’s response to treating board members like himself like children. “I want to know where our money’s going now,” Bailey said. “And I’d like to see an accounting monthly.”

            The Rochester Planning Board’s next regular meeting, which will feature a hearing on zoning bylaw changes, will be held on Tuesday, April 11, at 7:00 pm at the Town Hall, 1 Constitution Way.

Rochester Planning Board

By Michael J. DeCicco

Community Grants Being Advanced

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            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

Good Shepherd’s Table Spring Updates

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This April 6, the Good Shepherd’s Table at the Church of the Good Shepherd on High Street in Wareham will be marking 20 years of serving free meals for the community. The “Table”, as it has become known, is also updating its pantry and meal schedules for spring. Free, hot “home-cooked” meals will still be available to the public every Thursday at 4:30 pm. Take-out meals will be available from 4:30 – 4:45 pm. Also starting in April, The Good Shepherd Food Pantry will be open the first Tuesday of the month from 3-6 pm., and the third Tuesday of the month from 3-5 pm. While the Food pantry will no longer be open on Thursdays, please visit the Table for delicious hot meals and friendly fellowship every Thursday at the Church of the Good Shepherd.

Mattapoisett Library Programming for Teens and Beyond

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Spring is here. Just as exciting, the Mattapoisett Free Public Library is bringing programs to celebrate it.

            Starting Tuesday, April 4 at 3 pm, Craft Tuesday returns to our Media Lab. Stop by for a quick craft and some fun. No registration is required.

            The Teen Advisory Board meets the second Tuesday of the Month and will be meeting this month on Tuesday, April 11 at 4 pm. They will be discussing adding to the library of things, new video games and recruitment. New members are always welcome.

            Game Lounge continues on Wednesday, April 19 from 3:30 to 5 pm, all are welcome to play Nintendo Switch on the big screen as well as an assortment of board games. Bring your games or use ours. No registration is required. Snacks will be served.

            On Earth Day, Saturday, April 22 starting at 9 am, help the Mattapoisett Sustainability Partnership make Mattapoisett shine at our Mattapoisett Earth Day Cleanup with the support of Keep Massachusetts Beautiful, a Keep America Beautiful affiliate. Patrons can earn service hours for participating. To learn more or to register to participate, visit our website or by calling the library.

            On Sunday, April 23 at 1:30 pm – Dungeons and Dragons returns for a stand-alone campaign with a new Dungeon Master. New characters will need to be created. New players are always welcome. Registration opens April 9.

            All programs are free and open to the public. If you have any questions or need special accommodations, please contact the library at 508-758-4171 or email mflp@sailsinc.org.

The Past is Always Present

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            It drives my wife crazy that all my friends and I do is talk about the good old days. I’m sure it’s because we can’t remember much of what we did last week.

            Many of our memories are of our days at Center School in the original building built in 1898 and in the new additions built in 1937 and 1952. For some of us of a certain age, our parents were students there as well. I recall seeing my father’s name written on the clock-tower wall. I added my own as did my children who, though not students there, were allowed to add theirs by Mr. Mudgie Tavares, the beloved long-time custodian.

            Looking back at our days in Center School and later at Old Rochester were idyllic. We were a diverse group with no obvious issues reflective of the world outside. Our memories were of favorite teachers, field days, the day all the boys wore red pants to school and the principal, Mr. Kobak, sent us home to change into something “more respectable.” That sort of thing.

            There was good old Mr. Flynn, the basketball coach. I never had him as a teacher, but I was on the basketball team. Boys and girls basketball and cheerleading were the only sports at Center School. I was lucky enough to make the team, though I was short and wore glasses. I had a heck of a layup but not much of a jump shot, so I sat at the end of the bench and only got into the game if we were way ahead, which wasn’t often. If you made a turnover or missed a foul shot, Coach Flynn would rap you on your head with his big Providence College ring. He left a deep impression on me if you get my drift.

            Mrs. Root’s Geography Fair was a much-anticipated event. Each student in her classes would paint a country or two. The kids could pick any color they liked for their country. Those were the days of the “red scare,” so Russia or the U.S.S.R. as it was known, was always red (using up a year’s worth of paint because it was so big, but it was worth it), Ireland was green and so on. When the pieces were hung together like a jigsaw puzzle, the map would cover the entire wall of the gymnasium, floor to ceiling. The custodian helped put it up with his long ladder. Everybody chipped in to help. We learned a lot about the world that way.

            Her History Fair was another annual event we all looked forward to. All the students dressed up as historical figures and prepared reports on their subjects. The dressing up was always a hit, not the reports. I was Teddy Roosevelt, bushy mustache and all.

            Mr. Pierce was a favorite who taught science as was Mr. Hamon, the math teacher, though some kids would make fun of him because he wore the same clothes every day. Both moved on to the high school when it opened. He was a colleague years later when I taught at Old Rochester. He was a nice guy and didn’t deserve the disrespect. Lucy Agnalt was my favorite. She was my ninth-grade homeroom and Latin teacher. She made me the editor of the school paper, The Log, a mimeographed weekly. Sadly, she left early that year with cancer. Everyone loved Mrs. Agnalt.

            People don’t believe me when I tell of the shooting range in the basement. All the boys learned gun safety shooting at targets with a 22-caliber, pellet rifles. All the girls took home economics in the next room where they learned to sew bandages … only kidding. After that, I went hunting with my father and froze to death. I haven’t touched a gun since.

            Most everyone walked to school because most everyone lived in the village. In the eighth grade, I became a crossing guard in charge of the corner across from St. Anthony’s Church. I did such a great job … no fatalities … that by the ninth grade I was promoted to guarding the corner of Church and Barstow Streets, which had much more traffic, which is to say very little. The town was smaller then.

            The school’s original building became the Senior Center, and the two additions are all gone, both of which were replaced by a modern, architectural beauty that blends perfectly with the original building. Now, due to enrollment issues, there is talk of removing all the children to Old Hammondtown School. The buildings may have changed uses or disappeared, but the memories remain. Someone said a building isn’t a school, it’s the children and teachers in it.

            I think I said that last week. Who can remember?

By Dick Morgado

            Editor’s note: Mattapoisett resident Dick Morgado is an artist and retired newspaper columnist whose musings are, after some years, back in The Wanderer under the subtitle “Thoughts on ….” Morgado’s opinions have also appeared for many years in daily newspapers around Boston.

Tree Cutting Approved in Right of Way

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            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