The Mattapoisett Select Board revisited the importance of bike safety at Monday night’s meeting.

            A request by the South Coast Bikeway, sponsor of the 5^th Annual Pedal for the Path, filed a request to set an information table on September 11 at the Mattapoisett Bike Path intersection at Mattapoisett Neck Road. Present was Steve Asser representing the group.  Asser said some of the information that will be distributed that day will focus on cycling safety.

            The notion of placing a table at what the board feels is already a dangerous intersection was articulated by all members.

            “Cyclists are not pedestrians. They are supposed to follow road regulations,” said Select Board Chairman Tyler Macallister, who has frequently voiced his concerns that cyclists sail across the intersection without stopping. Member Jodi Bauer suggested that a police officer be present on September 11 to direct traffic, including cyclists, but the recurring issue was cyclists failing to obey the rules of the road.

            “The only thing we are approving tonight is to have a table at the bike path,” said member Jordan Collyer, who then cycled back to bike safety, reporting a recently near miss with a cyclist on Mattapoisett Neck Road. “Everyone should be following the rules.”

            The board was united when suggesting Asser work with the town’s police safety officer and to consider placing the information table at the Brandt Island Road intersection with the bike path. Asser agreed.

            Also noted by Asser was a September 18 biking event in which groups of cyclists will have a rest stop at Shipyard Park. The bike path will not be part of that event’s course, Asser stated.

            The topic would recur late in the meeting when Town Administrator Mike Lorenco gave his updates. Lorenco said that Reservation Golf Club has complained about the volume of cyclists now using Reservation Road, infringing on club members’ field of play and parking in the private parking area at the end of Reservation Road adjacent to the beach. Lorenco said the club’s board recently moved to close Phase 1b’s gate.

            Bauer firmly stated, “Close the gate,” presumably forcing cyclists to turn around toward entry points to the west. While Collyer and Macallister were sympathetic of the golf club’s complaints, they were hesitant to close the gate, primarily due to safety concerns. Closing the gate, they said, would limit emergency access.

            Lorenco said “No Parking” signs had not yet been installed at the club’s private beach parking area, as he awaited authorization from the club. “It’s going to be a problem when (Phase 1b across Good Speed Island) opens up,” said Collyer. Macallister said, “People can ride on Reservation Road,” a public roadway.

            Collyer indicated belief that a close-the-gate vote was taken shortly after the elevated pathway was opened to the public but that things had since settled down. He asked for more details from the club’s management. “We have to find a way to coexist,” he said. Macallister added, “They (cyclists) should stop, look and then cross.”

            The old fire station at the corner of Route 6 and Barstow Street was on the agenda when the board met with Attorney Mat Thomas, who is drafting language for a real estate bid of the property. Lot size and lack of parking were noted as possible drawbacks in selling the lot, but an environmental evaluation did not turn up evidence that would inhibit the sale, Thomas stated.

            Collyer said that the lot is situated in the Village Business District. Thomas said the bid package will include a stipulation for a $25,000 performance bond. The real estate value of the former fire station has yet to be determined, but the Select Board will make that final decision, it was noted.

            Director of Inspectional Services David Riquinha came before the board fee increases for building permits. He said that it had been 30 years since the town increased permit fees. He suggested adopting a cost per thousand feet from $7 to $8 for residential applications and $9 for commercial. Riquinha said that Wareham charges $10 and Fairhaven $12. A public vetting of the increases will be held online at Mattapoisett.net.

            Riquinha updated the board on construction plans for bathrooms at the Holy Ghost Grounds. He said an estimate of approximately $123,000 is appropriate. Work could in part be done by students from Old Colony Regional Vocational-Technical High School, in-house staff and subcontractors, he said. The school could not provide plumbing work, as that trade is not currently offered at the school.

            The reappointment of Mary Ann Brogan to the Zoning Board of Appeals was discussed with Riquinha. He told the board that numerous attempts to reach Brogan had failed to elicit a response and that Brogan had told the ZBA secretary she would not be seeking reappointment. Collyer suggested sending Brogan a certified letter as a final effort to learn her intentions. The next person in line for a full seat on the board is alternate William Cantor.

            Riquinha said that statewide building code also known as the “Stretch Code” is going through the comment-and-edit phases and said that the town should review the advance document to become familiar with the changes and possible impact that the updated code could have on local construction.

            A summary of the Stretch Code at Mass.gov notes, “The Stretch Code emphasizes energy performance as possessed to prescriptive requirements, is designed to result in cost-effective construction that is more energy efficient than that built to the base energy code.” The Stretch Code is an essential part of the Green Communities program.

            In a follow-up, Riquinha said he is advising the board to become familiar with the changes as currently proposed but that it is premature to make changes locally before all the language has been fully adopted at the state level and understood at the local level. He said there were many aspects to the Stretch Code with much work remaining to be done.

            That said, Riquinha is also suggesting a slow approach to the Green Communities program. In a follow-up, Lorenco reported that 286 out of 351 municipalities in Massachusetts have adopted the program and receive state grant funding.

            The board met with Mattapoisett Land Trust President Mike Huguenin and Allen Decker of the Buzzards Bay Coalition. The MLT sought and received approval to convey a conservation restriction to the BBC for the Alves property located along Mattapoisett Neck Road and abutting the Mattapoisett River.

            Several routine appointments were made by the board covering volunteer committees as the Historical Commission and Council on Aging board. Lorenco reported that work on Industrial Drive has begun and that a draft of the Emergency Management Plan has been completed by Police Chief Jason King, who was thanked for his efforts as head of the EMP.

            State Open Meeting Law was discussed briefly when Lorenco noted that he has been advised of errors and omission to the law emitting from Town Hall by a resident.

            Lorenco read from a prepared statement, “I recently received a call … the gentleman called to dictate errors and omissions that the Town had performed which are violations of the state’s Open Meeting Law … he noted the Town failed to provide a detailed list of tonight’s appointees … that has been rectified with Addendum posted with a revised agenda … the Town also had not provided details of executive sessions, specifically the contracts being discussed. To further rectify this matter, the Town will be providing a list which will be posted on the Town’s website in due time of previous meetings and the contracts discussed … minutes of these sessions are available to the public once approved by the board.”

            Lorenco went on to say that errors and omissions are not deliberate, that the Town needs to make proactive changes and that he and several other Town employees would be taking state Open Meeting Law training to properly comply with all regulations.

            The next meeting of the Mattapoisett Select Board was not scheduled upon adjournment.

Mattapoisett Select Board

By Marilou Newell

            Since the Marion Harbormaster Department’s pump-out service started in early June, 290 boats have been serviced and approximately 6,100 gallons of waste pumped into the town’s sewer system.

            That adds up to a busy summer so far in Marion harbor, according to Shellfish Officer and Deputy Harbormaster Adam Murphy, who reported to the Marine Resources Commission during Monday night’s public meeting at the Music Hall.

            Between Murphy, Harbormaster Isaac Perry and Assistant Harbormaster Dave Wilson, the department’s hands are full.

            “With three full-timers and one part-time guy (Andrew Miller), it’s been a burden on the department to keep that (pump-out) program … that’s why the Island Wharf pump-out station’s not up and running yet,” said Murphy, noting that the station at Old Landing is functioning. The department is performing the service with the pump-out boat on requests.

            MRC member Scott Cowell asked about progress with the Island Wharf pump-out station. Murphy indicated trying to get it up and running now would make more trouble than it’s worth.

“With all that traffic, it’s going to be more of a burden on the boating public,” he said, projecting the project to the fall. “Old Landing has been working.”

            Murphy shared the Call to Service log from the police station with the MRC membership, noting there had already been 80 calls for service, including emergencies such as boats taking on water.

            “I think we’re doing a much better job recording the call volumes than we’ve had in the past,” said Murphy, noting “a few serious situations,” including an early May incident in which the captain of a fishing boat overdosed at 3:00 am off Angelica Point. Narcan was successfully administered, and the patient was transported with assistance from the U.S. Coast Guard to Woods Hole.

            In another scare last week, the seat on the flybridge of a 40-foot power vessel broke, sending its occupant to the deck. Wilson and Miller exported the patient to Bourne.

            There have also been several minor incidents in which boats sinking in the harbor were rescued before overturning. Murphy also mentioned a 14 foot, 4-inch-diameter log floating off Aucoot Cove.

In a planned success, a yacht club event “went off without a hitch” thanks to having an officer on detail.        Murphy suggests that will be a trend in managing such events.

Murphy credited Wilson with a great job on harbor management leading up to and during Marion’s July 1 fireworks. “Dave did a ton of work on that,” he said.

            Because weather was slightly off during the July 4 weekend, the boat crowd was below expectations and without incident.

            In other activities, Perry and Miller finished the work needed to get 1,200 feet of new swim lines and floats into the water.

            Marion’s shellfish growing season is in full swing, as Murphy reported 150,000 oysters in the “up well” and 150,000 quahogs on the way after being ordered. He expressed optimism based on Tabor Academy’s assistance.

            “We have so many oysters in the harbor right now you can walk across them,” said Murphy. “I would like to try another species.” Given the great amount of recreational quahog fishing. He said he wants to “stay on top” of that trend.

            Scallops, Murphy suggested, could be grown at Planting Island because of the seagrass in that area.

            The MRC budgeted an annual $6,000 for aquaculture but took in $11,000 more, prompting the question as to whether those funds must go to the town’s general fund.

            Noting that those funds are not earmarked for the Waterways Account, MRC Chairman Vin Malkoski said any other destination would have to be a reserve fund. Murphy argued that, since the town is charging people for recreational services, the resulting funds should go back into marine-related accounts.

            A tricky licensing question could be coming before the commission after Murphy told MRC members about “an outsider” who asked about starting an aquaculture site. The interested person, who is neither a Marion nor Rochester resident, cited the word “domicile” in the regulations and asked if a land purchase would qualify him to hold a site. Murphy interprets the regulation as requiring residency, “meaning you live here. I’m assuming he will have a meeting in a future with the commission,” he said.     The MRC will not issue an official reply until the question is formally asked of the commission.

All of Marion’s aquaculture sites are in compliance. There are no availabilities; everything has been assigned according to Murphy.

            Marion’s patrol boat recently lost a lower-unit seal, leaked and ran out of oil. He thanked Barden’s Boat Yard for its assistance but noted that the boat operator cannot tell when the boat is leaking oil. Moreover, Murphy said he much prefers to be operating the town’s workboat as opposed to its patrol boat.

            “I call it the wheelbarrow. It’s the most usable boat,” said Murphy of the workboat. “When we go to Hog Island Channel, it’s the worst weather. I would much rather be in that boat.”

            Murphy cited several cracks in the patrol boat from water freezing in its hull and hopes Marion can consider replacing it come FY25 or FY26.

            Several complaints indicating lack of compliance with the usage of floats have come into the Harbormaster Office, and people are asking for kayak spots. One solution, Murphy and Perry hope for is to add on the commercial side by building more of the same floats, the end game to move the commercial boats and create another 20 or 30 additional private spots. Such a plan will wait on the construction of the   new Marine Center and then build any new infrastructure.

Kayak racks are a hot subject in Wing’s Cove and elsewhere, and new MRC member Michael Moore said adding kayak racks there would get some of the boat traffic out of the main harbor.

            Citing moorings for visitors to Marion harbor is a time-consuming exercise, and Murphy recommends the town institute a color-coded system to shorten up recognition time, especially on weekends.

            “It’s already in our regulations,” said Murphy, who finds the Harbormaster Department doing most of the work helping navigate boats to moorings. “We ask people their position and they tell us their job title.”

            One thing Murphy would like to see is participation amongst the community-based boatyards. He considers color coordination a “good winter project, good topic to not let go by the wayside.” By inviting the boatyards such as Burr and Barden and representatives from Tabor Academy and the Beverly Yacht Club to a January meeting, all stakeholders could benefit in 2023.

            The MRC set its next meeting for Monday, August 15 at 7:00 pm at the Music Hall.

Marion Marine Resources Commission

By Mick Colageo

            The Rochester Conservation Commission Tuesday night issued a new violation order against the property owner at 89 Box Turtle Drive for clearing land too close to wetlands without a permit and not trying to communicate with commission members.

            Town Counsel Blair Bailey, appearing before the commission remotely via Zoom, recommended issuing a new order because the original was signed by an office aide and should have been signed by the commissioners themselves. He then added that the property owner needs to file a restoration plan for his violation of the town’s wetland boundary bylaws.

            The property owner’s attorney Timothy Angley who also attended remotely via Zoom argued, “We are working on defining the wetlands border with wetlands experts. It is hard to say there was a violation. We are not going to agree there was a violation.”

            Attorney Bailey said he totally disagrees with this stance.

            “Only the extent of the violation might be at issue,” Attorney Bailey said. “The board will need a restoration plan. You can appeal where you see fit.”

            In the meantime, under the new order, the commission will continue issuing “tickets,” fining the property owner for wetland-code violations, which involve working closer than 25 feet from wetlands without a permit. The order instructs the property owner to file a restoration plan with erosion and sedimentation controls by August 2.

            The commission also agreed to get the assistance of the state Department of Environmental Protection with investigating the issue.

            “We’ve tried to be helpful to (the property owner),” Conservation Commission Chairman Ben Bailey (no relation to Blair Bailey) said after the attorneys had signed off. “This is an excessively unwise course of action on his part. He approached us to ask if he needed a permit. He never complied, and then he’s refused our every overture to work with him.”

            The commission’s other action Tuesday approved an extension of an Order of Conditions approved two years ago for 443 Neck Road, where a house and a subsurface sewerage disposal system are proposed.

            Property owner Matthew Magalhaes explained he brought the parcel in 2019, when a previous owner’s OOC was in place. There have been multiple issues delaying construction, including the pandemic. Magalhaes said he will only need a six-month extension. The commission approved the typical two-year extension.

            The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, August 2, at 7:00 pm.

Rochester Conservation Commission

By Michael J. DeCicco