Abutters were again heard from on Monday night at the Music Hall, where the Marion Select Board’s continued public hearing for the entertainment license sought by the Mary Celeste restaurant was reopened.

            This time, the hearing was closed, and the Select Board members voted to award the license to applicant Mike Achilles, who once again insisted that he wishes to work with all concerned neighbors and cause no problems.

            The approval comes with a 90-day review for renewal, at which point the Select Board will seek feedback and determine how to improve on a situation that all readily admitted cannot be truly judged without a tryout.

            “It’s hard to define limits, but once you approve it’s not irrevocable,” said Select Board member John Waterman. “We have recourse if it’s not working out the way (we hope).”

            Concerned about the decibel level of live music at the site, Ann Ziegler, 16 Cottage Street, asked Achilles, given the current success of the establishment, why it needs music that could drown out conversations.

            While insisting music is meant to provide a backdrop and not compete with conversation, Achilles summarized four dimensions to his request. In addition to background music and a weekly one or two-piece, live acoustic set, he would like to offer dinner and a movie on the restaurant’s outdoor patio. “Our goal is that no sound leaves that patio,” he said. “The last thing is we want to have authors in, which would require a microphone.”

            Ron Hegney, who also resides at 16 Cottage Street, asked if the license can be upgraded to something else including by a subsequent property owner. Select Board member Randy Parker said that the review period and any upgrade would require Select Board approval.

            Ziegler asked that any approval be limited so it doesn’t become a bigger issue and reiterated her stance as preferring not to have live music next door.

            Achilles explained that he has technology on site that that measures the duration and location of the sound and intends to use that equipment to ensure that no unwanted noise escapes the premises. “Part of this [is] you need to have faith,” said Achilles. “We have kept our word. Our business is in the community; the last thing we want is problems with our neighbors.”

            Nonetheless, Achilles sought and received a license not limiting his schedule. While he insists he does not plan to expand on the frequency with which he has live music, he asked that the license not to be limited to a hard schedule so that he can avoid being drowned out by louder venues such as the bandstand at Island Wharf.

            Citing the cost of live entertainment, Achilles said 9:00 pm is the latest the Mary Celeste will play music and not for more than two or three hours.

            Abutter Tinker Saltonstall offered Achilles her support. “I’ve been impressed with Mike. I think he means what he says,” she said.

            The Select Board intends to hold its 90-day review of the license at its meeting on Monday, October 18. Special Town Meeting is scheduled to be held on Tuesday, October 19.

            Energy Management Committee Chair Christian Ingerslev approached the Select Board about the EMC’s consideration to rename itself to include a reference to its work on climate change. Citing the membership of climate expert Jennifer Francis, Ingerslev said, “We feel that perhaps climate is not having the attention that it has to have here in Marion.”

            The Select Board will wait on the EMC’s meeting when it will discuss the response to its proposal from Select Board member Norm Hills. A September meeting to address the proposed change is anticipated.

            The Select Board voted to approve a one-day license to serve alcohol on town-owned property for the August 28 Town Party from 4:00 pm to 10:00 pm at Silvershell Beach. The rain date is August 29.

            The board voted to approve a one-day permit to serve alcohol on a beach along with a police detail to applicant Sharon Bartholemew, whose event will be held Sunday, August 1, from 1:00 pm to 3:00 pm on Sippican Beach.

            In his Town Administrator’s Report, Jay McGrail provided an update on his FY21 goals including four key components: infrastructure, financial, contracts, and initiatives. Last year the Select Board prioritized subgoals under each of those headings.

            McGrail said that, under infrastructure, the preliminary design for the water treatment plant at Creek Road has been completed. A Route 6 preliminary design anticipates an August 4 meeting, while the Town House and Annex restoration saw the front entrance opened on Tuesday. The air-conditioning and sprinkler projects are making progress, and the design of Marion’s new Department of Public Works building is 90-percent complete,

            In summarizing the financial component, McGrail told the Select Board, “From where we were sitting at this table a year ago to where we are today, we’ve made huge strides.”

            Initiatives include quarterly meetings of the Water and Sewer commissioners.

            “We’ve completed some of [the goals and] made progress on all of them,” McGrail stated.

            The next step, he said, is to talk through goals for FY22. Waterman said it is important to “keep a running list of all the long-term things that we don’t want to forget about.”

            McGrail told the Select Board that Marion’s Special Town Meeting now has six warrant items, four generated in regard to bylaws, including an aquifer-protection-district bylaw, an article proposing a three-year term instead of one for the town moderator, and an article addressing litter.

            The deadline to submit articles for the warrant is Tuesday, August 31. The Select Board will close the warrant on Tuesday, September 21, and McGrail is proposing Tuesday, October 19, for the Special Town Meeting.

            Lauren Boucher was appointed to the Music Hall Advisory Committee. The associate member position remains open.

            Michael and Judith Medeiros, 25 Quail’s Crossing Road, brought to the Select Board’s attention the unpleasant revelation of an overnight parking ban at Old Landing. Michael Medeiros said they have been residents for 45 years and boaters in Marion Harbor since 1998. He considered it an unfair burden to not be able to park for overnight for nighttime fishing expeditions.

            Select Board member Randy Parker explained the ban. “We had people sleeping down there, camping in their cars over there…. It was a mess.” Nonetheless, McGrail and Parker indicated to Medeiros that they would work toward a solution.

            The next meeting of the Marion Select Board is scheduled for Tuesday, August 3, at 6:00 pm.

Marion Select Board

By Mick Colageo

            During the July 20 meeting of the Mattapoisett Select Board, Chairman Jordan Collyer asked for the public’s understanding as the town works through the weekend arrest of Chief of Police Mary Lyons.

            Reading from prepared notes, Collyer called it “an unfortunate matter. [Chief Lyons] has been placed on administrative leave with pay effective [July 19],” he stated. “The town is taking this seriously and will be moving forward with our own investigation immediately. Once information can be obtained, we will take appropriate action on behalf of the town.”

            Collyer acknowledged that the public had questions, but noted the town was unable to comment any further at that time. Collyer asked for the public’s “support, patience, and understanding as we navigate this matter.” In the interim, Captain Jason King will handle the command position.

            “We have every bit of faith that the integrity of the town’s Police Department will be maintained, and they will continue to serve the public as they always have,” said Collyer. “We, as a board, stand behind the men and women of our police force as they continue to provide the needed services of their department to the citizens at large.”

            The next agenda item was the acceptance of the resignation of Shannon Finning from the Mattapoisett School Committee. Collyer then read in full Finning’s letter of resignation dated July 15. In the letter, Finning asserted that School Committee Chairman James Muse “has treated me, personally, with disrespect and, of more concern, has, in my opinion, demonstrated unwillingness to hear from all constituents and effectively engage and communicate with parents and families in particular.”

            Collyer publicly thanked Finning for her many contributions during her time as a Mattapoisett School Committee member.

            In an interview Monday night, Muse told The Wanderer that he has always respected Finning professionally and personally and wished her well in her future endeavors.

            The board also met with Marine Advisory Board Chair Carlos DeSousa, who discussed the need for a professionally written Waterfront Management Plan. He said grant monies were available up to $120,000 with the town needing to kick in another $30,000, but Collyer wanted to know what the deliverables would be. “What will we actually get?” he asked.

            DeSousa pointed to technical information that would be useful to boaters as well as others using the waterfront. He said that last time a management plan for the waterfront was drafted was in 2011, but it lacked much of what a plan for the current times should include. DeSousa said that doing the plan now is an important step towards having it incorporated in the town’s Master Plan currently under review. Collyer pressed further, asking, “What does this get us other than a stack of papers?”

            DeSousa pointed to aquaculture as a big reason to produce a management plan, given the town’s investment in revitalizing shellfish beds. Collyer told DeSousa that the proposal would have to go before the Capital Planning Committee and the Finance Committee, as both are involved in the allocation of taxpayer dollars. Collyer said he is on board but wants to ensure that the money invested in a waterfront management plan would be beneficial to the townspeople. Select Board member Jodi Bauer concurred, saying, “People will want to know, ‘How is this going to benefit me?’”

            Shifting gears to the needs of the wharves, Collyer asked the Marine Advisory Board to produce suggestions on best ways to roll out future construction and asked Town Administrator Mike Lorenco to draft an RFQ (request for quotes) by September 15.

            Also meeting with the board was architect Steve Kelleher regarding renovations and repairs to the Highway Department barn on Mendell Road. Cost estimates for Phase 1 came in far over expectations. “It’s $156,000 over budget,” Kelleher said.

            There ensued a discussion of best next steps, including a complete unpacking of the proposed three phases and parsing some work to in-house resources. Collyer said a meeting between FinCom, the Select Board, and the Highway Department should be set up to drill down through options and issues. He encouraged Kelleher to “estimate the whole thing [and] trend it out for 18 months … then set up a working meeting.”

            The board also discussed the conservation agent vacancy and how best to try and interest qualified people to come forward. The biggest problem identified was the part-time status of the position. Discussion of the need to review the agency’s fee structure was brought to the fore with Collyer asking David Lawrence of the Conservation Commission, present for the meeting, to ask the commissioners to review current fees. “This is a service; it’s a cost center for the town,” said Collyer, who also said that FinCom needs to be involved with any staffing decisions moving forward.

            Lorenco commented that the town is also searching for a new fulltime Board of Health agent.

            Meeting with the board was Mike Sudofsky, proprietor of the Walrus and the Captain restaurant. Sudofsky requested and received conditional approval for a bar cart to service the outdoor patio tables he’ll be allowed to use until April 1, 2022. The condition placed on the board’s approval is that the Building Department also approve the request to ensure it is in compliance with permitting.

            The board approved the annual Watershed Ride hosted by the Buzzards Bay Coalition on October 3 and the South Coast Bikeway Alliance’s Pedal for the Path bike ride planned for September 12. Also receiving approval was the Mattapoisett Road Race Committee’s request for its annual race. Normally held on July 4, the 2021 race was moved to August 21.

            The public was reminded of the July 27 special election to fill a seat on the Select Board. The vacancy was created with the untimely passing of John DeCosta Jr. Polls will be open from 8:00 am to 8:00 pm at Old Hammondtown School.

            Lastly, the public was told that a Free Vessel Safety Inspection and Safe Boating information will be available at the town wharves on Saturday, July 24, from 10:00 am to 2:00 pm, sponsored by the United States Coast Guard Auxiliary Flotilla.

            The next meeting of the Mattapoisett Select Board is scheduled for August 10 at 6:30 pm.

Mattapoisett Select Board

By Marilou Newell

            Dr. Shannon Finning has tendered a letter of resignation from the Mattapoisett School Committee effective July 13. The resignation also ends her membership on the Old Rochester Regional Joint School Committee / Superintendency Union #55, for which she had served as union-side chair.

            In her letter to the Town of Mattapoisett, Finning cited conflict with Chairperson James Muse.

            “While I am proud of my dedicated service to the community over the last two plus years, particularly of my service during the superintendent search, my effort to ensure all voices were heard during our reopening conversations, and my contributions to the establishment of and initial year of service on the anti-racism subcommittee, I am unwilling to serve on a body that continues to select a chair who has treated me, personally, with disrespect and, of more concern, has, in my opinion, demonstrated an unwillingness to hear from all constituents and effectively engage and communicate with parents and families in particular,” read Finning’s statement in part.

            When asked about Finning’s allegation of personal disrespect, Muse told The Wanderer, “I always respected Dr. Finning, her position as a school committee member and her professional knowledge, and personally.”

            During the summer of 2020 and into the 2020-21 academic year, Finning spoke critically in public meetings about Old Rochester Regional Superintendent of Schools Mike Nelson’s performance, articulating her frustration over a lack of transparency in his rollout of the return-to-school plan.

            The state Department of Elementary and Secondary Education asked school superintendents last summer to submit plans for full in-person, hybrid, and full-remote learning models with the requested emphasis on the in-person model. Finning stated during a fall school committee meeting that she had yet to see the in-person model requested by DESE, but Muse insisted that Nelson had complied with DESE’s requests and had given ORR’s submitted plans its approval.

            Nelson created a COVID-19 dashboard on the school district website that provided up-to-date information for all school bodies in the district, and thresholds were established for potential pivots in the learning model.

            The ORR district began the school year primarily in a hybrid attendance format (two days in class, three days via remote access). District school committees frequently heard in public meetings from students’ parents who expressed frustration with remote-access learning.

            In March, ORR pivoted the learning model for grades K-2 back to full in-person, and a few weeks later vetted building plans to do the same with grades 3-6. By the end of April, grades 6-12 were also back to full, in-person learning, and the hybrid model was discontinued.

            Finning did not respond to a request for further comment on her resignation.

            Asked for comment, Nelson sent the following statement to The Wanderer: “I want to thank Dr. Finning for her time and effort as a Mattapoisett School Committee and Joint School Committee member. Dr. Finning offered many, many hours to serve the community of Mattapoisett and our schools during the past two years and I appreciate her contributions very much. I wish Dr. Finning continued success in all her future endeavors.”

            Muse likewise extended his appreciation for Finning’s service. “I thank her for her service, and I wish her the best in the future.”

            The Mattapoisett School Committee is currently working through the process of filling the vacated seat with the town clerk and the Select Board, and Muse anticipates the position will be filled by appointment in accordance with town bylaws. “We do not expect that there will be a special election,” he said.

            In other news, the committee received written confirmation dated July 15 from the state Attorney General’s Office that it found no grounds to pursue the Open Meeting Law complaint filed by Mattapoisett resident Stephanie Clark.

            The AG’s Office determined that the October 22, 6:30 pm Mattapoisett School Committee meeting notice in dispute had been posted on October 20 at approximately 4:10 pm by the town clerk on a bulletin board outside Town Hall, satisfying both the 48-hour time and official posting-location requirements.

            The committee will next meet toward the end of August.

Mattapoisett School Committee

By Mick Colageo

            It came at the end of a long Planning Board meeting – troubling revelations that the planking on Mattapoisett’s heralded bike path Phase 1b was failing.

            Planning Board Administrator Mike Gagne advised the board members of discussions that have taken place with state agencies involved in the design and construction oversight of what is hoped to one day be a scenic recreational pathway through marshland and water features dubbed “The Shining Tides Pathway.”

            Gagne explained the series of events that brought this matter to attention. He said that several community members with professional engineering backgrounds have noticed problems with the planking along the bridge at Goodspeed Island beach. Those residents contacted Town Administrator Mike Lorenco with their observations and concerns. Lorenco wasted no time in contacting the local office of MassDOT to discuss the matter. Not receiving adequate responses as more community members noticed problems, Lorenco contacted Representative Bill Straus to assist and to engage MassDOT in the Boston office.

            “Three months ago, with the town administrator, we expressed our concerns over the material on the bridge,” Gagne began. He said that the planking used between the Goodspeed Island beach spanning over the Eel Pond breach is different material than that used in other locations along the pathway. “The planks are warping, and the laminated material is splitting,” he stated. Gagne said that the town has expressed its deep concerns over the defective materials and likely liability and costs the town would incur if those planks remain in place.

            “The town is on top of this [and] has stated [its] concerns over the long-term impact of the delaminating materials,” Gagne said, adding that some planks show knots that have fallen out.

            In a follow-up, Gagne said that the MassDOT design team had looked for “alternative analysis,” (cost-saving measures), to reduce materials expenses. “It’s a common practice.” He said that with Straus’ intervention it now appears that the state will bring in a third-party engineer to evaluate the situation and determine if the planks need replacement or can be remediated. That process is pending, he said.

            Gagne also said that the planking used from Reservation Road to Mattapoisett Neck Road was a far more costly product, a variety of mahogany, whereas the planks used in the beach span were the less-costly laminated pine.

            In other business, a 30-minute meeting with members of Beals and Thomas, the engineering firm overseeing the plans for a large solar array off Randall Lane, produced little in the way of forward movement for the project.

            Discussion themes included the more than 100 items identified by the town’s peer review consultants, BETA Engineering, and Beals and Thomas’ responses, as well as plans to subdivide the acreage into four lots in an effort to achieve permittable frontage for the project. Present was Town Counsel Jonathan Silverstein of KP Law, who said it is up to the Planning Board to determine if the existing roadway is sufficient for the use intended. He also said that frontage requirements are not exempted for solar projects. The hearing was continued until August 16.

            Continued until August 2 was an Approval Not Required petition filed by John Romanelli for property located on Dupont Street. Also continued was an ANR filed by David Monterio for lots located off Locust Street, and by the Town of Mattapoisett for lots located off Tinkham Hill Road. Adding to the August 2 agenda will be a continuation of a Definitive Subdivision planned for Park Lane Extension filed by Andre Rieksts, Scott Atkinson, and Margo Wilson-Atkinson.

            A nearly 30-minute discussion regarding the fate of a tree located at the intersection of North Street and Church Street was continued until September 20 after it was disclosed that the tree may not be located on a designated scenic roadway. Tree Warden Roland Cote had advocated for the tree’s removal due to its compromised health.

            The next meeting of the Mattapoisett Planning Board is scheduled for Monday, August 2, at 7:00 pm.

Mattapoisett Planning Board

By Marilou Newell