Donald Packard Farwell

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Donald Packard Farwell, 97, of Buzzards Bay, formerly of Mattapoisett, died suddenly Sunday, September 13, 2020 at Tobey Hospital following a period of declining health.  He was the husband of Beverly (Morey) Farwell, with whom he shared 71 years of marriage.

            Born in Needham, MA, son of the late Joseph Willard and Isabel (Farrow) Farwell, he lived in Mattapoisett and Sharon for most of his life.

            Donald served honorably in the U.S. Army Air Corps and the Signal Corps during World War II in the South West Pacific Theatre.

            He was a graduate of Fairhaven High School, The Campbell School, and Bentley School of Accounting and Finance.

            Donald was formerly employed for 20 years with the Boston engineering firm of Fay, Spofford and Thorndike, now FST. He was then elected to the office of Treasurer of the Town of Sharon, as which he served for 18 years, as well as serving as Treasurer of the First Congregational Church of Sharon.

            He was a member of the Mattapoisett Congregational Church, the Stone Street Strummers Banjo Band, Mattapoisett Historical Society Board of Directors, Past President of the Massachusetts Collectors and Treasurers Association, and Past President of the Norfolk County Municipal Finance Officers Association.

            Donald enjoyed spending time with his family and his beloved wife, Beverly, annual visits to the Big E Exposition in Springfield, Celtic Thunder’s music, traveling near and far, winter vacations in FL, where he was a faithful volunteer with Habitat for Humanity of Collier County, and living in Mattapoisett with her harbor, Ned’s Point, Buzzards Bay, Cleveland Ledge and the North Falmouth water tower in full view.

            He is survived by his wife; three nieces, Sandra J. Bartlett of Barrington, RI, Joanne D. Hess of Clearwater, FL, and Susan J. Dias of Dartmouth; his nephew, David F. Morey of Mattapoisett; seven great-nephews, Charles Milton Beeghly, III, George Willard Bartlett, Nathan Sears Bartlett, Daniel Macomber Johnson, Charles Dexter Marges, Gregory Paul Marges, and Christopher David Morey; and eight great-great-nieces.

            He was predeceased by his nephew, James C. Macomber and his great-niece, Elizabeth Anne Morey.

            His public visitation will be held Sunday, September 20, 2020 from 2-6 pm in the Saunders-Dwyer Mattapoisett Home for Funerals, 50 County Rd. (Rt. 6), Mattapoisett. His Funeral Service and burial in Cushing Cemetery will be held privately due to COVID-19 capacity restrictions, but a Celebration of Life will be held at a later date. For information about viewing Donald’s Funeral Service via livestream, please send an e-mail to mcicoach@aol.com and the information will be sent to you. In lieu of flowers, donations in Donald’s memory may be made to Mattapoisett Congregational Church, P.O. Box 284, Mattapoisett MA 02739 or The Zeiterion Theatre, 684 Purchase Street, New Bedford, MA 02740.  For directions and guestbook, visit www.saundersdwyer.com.

Dorothy Salgado

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Dorothy Salgado, age 89, of Mattapoisett, MA passed away peacefully on Wednesday, September 16, 2020 at New Bedford Jewish Convalescent Home in New Bedford after suffering a debilitating stroke in March.

            Born November 13, 1930 in New Bedford, Dorothy was the only child of James Lee and Amelia (Pestana) Lee. In 1949, she married Armand Salgado of New Bedford, and they enjoyed many happy years together. Following his sudden death in 1976, Dorothy eventually moved to Mattapoisett, where she resided until her passing.

            Dorothy was formerly employed as a teller at New Bedford Institution for Savings in the downtown office. Friendly and sociable, many customers would wait at her window for her to complete their transactions. She retired from NBIS in 1990. She was a member of the Ivy Circle in New Bedford for many years.

            Dorothy lived a full and active lifestyle right up until her illness in March. She belonged to many different senior groups and enjoyed a variety of social activities, traveling, bingo, card games, and meetings. She was blessed with many friends whom she loved dearly. She was also a member of the VFW and attended meetings and events in Freetown. She was a lover of animals, and had an amazing green thumb and plants that flourished under her care. She always felt that keeping active is the key to longevity, and that belief served her well.

            Dorothy was a parishioner of St. Anthony’s Church in Mattapoisett.

            Dorothy is survived by two sons, Bryan Salgado and his wife Helen of Summerfield, Florida, and Wayne Salgado of Margate, Florida. She leaves 2 very loved grandchildren, Karyn Demers of Freetown, and Bryan Salgado, Jr. and his wife Michelle of Salisbury, NC, and 4 great-grandchildren, Rachel Demers, Jason Demers, Matthew Salgado, and Brianne Watkins. She also leaves behind her beloved aunt, Cecile (Pestana) Boyer of New Bedford. She enjoyed spending time at family events, and we will miss her laughter and fun-loving personality. She also leaves behind many loyal friends who were a huge part of her life, and we know they will miss her companionship.

            A special thanks to Karyn Demers, who had a special bond with her “Grams.” As the only family member still living in New England now, Karyn went above and beyond to care for her and bring peace and love to her final days.

            We would like to thank the staff at New Bedford Jewish Convalescent Home for their compassionate care of Dorothy, especially given the Covid pandemic. We know it is a trying time for you but you did a great job facilitating visits.

            A celebration of her life will take place at a later date once final arrangements can be made. Please check the website of Southcoast Chapel for more information at www.southcoastchapel.com. Burial will be private. She will rest in eternal peace at Pine Grove Cemetery in New Bedford, alongside her husband.

Jean Lenar (Campbell) Lemaire

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Jean Lenar (Campbell) Lemaire, 90 of New Bedford passed away peacefully at The Oaks Skilled Nursing Facility on September 11, 2020.

            Jean was born April 18, 1930 to Jesse Leo and Gertrude Mae (Leahey) Campbell and lived in Fall River until her marriage to J. Paul Lemaire. They raised a family and then moved to Florida until her husband’s passing in 1998. For medical reasons she came back home to Massachusetts in 2016.

            During her early life after the death of her father, she spent some time at Sisters of St. Joseph and then after graduating from Sacred Heart Academy she was employed by New England Telephone and Telegraph for most of her career as an Operator, Clerk and Supervisor. After retiring as a telephone pioneer, returned to work in the business department. She was a very dedicated worker receiving attendance awards and accolades, held other part time jobs and was involved with elections in Westport as a worker and warden.

            After marrying Buddy (Paul) she resided with her mother-in-law, Laura Lemaire for 9 years and moved next door after building their beautiful cape home in Westport. She was a communicant of Our Lady of Grace Church in Westport where they raised four children.

            Buddy and Jean were square dancers and lit up the dance floor as they waltzed. They were very much in love throughout their 45 years together. Jean was especially proud of her Scottish heritage and would comment on her love for her Aunt Margaret and her signature eyebrows. She was an avid card player, introducing the game Hand and Foot to Rochester Congregational Church and the Rochester Council on Aging where she loved to make everyone play by the rules and laugh. She was very well known as the raspberry tart baker in Florida, serious bingo player and enjoyed being an artist. She had a love of curtains and dressed her bed every morning.

            Those left to cherish her memory include her three daughters; Ann Soares (Thomas) of Rochester, Jane Lemaire Crompton (Kevin) of Rhode Island , Lois Bettencourt of GA and one son; Paul R. Lemaire (Maria) of Fall River, Ma. Five granddaughters; Katie Jean Cunningham (Peter) and Shelby Elizabeth Bettencourt, both of Florida, Megan Julia Bettencourt of Westport, Ma, Chloe Rae Doucet (Michael) of West Bridgewater, Rileigh Paige Lemaire of Fall River, Ma. Two grandsons; Jay Paul White (Sandra) of Westport, Ma and David Louis White (My) of California. Four great-granddaughters; Aurora Sky White and Regina Jay White of Westport, Ma, Brooklyn Roseann Cunningham and Piper Faye Cunningham of Florida and one great-Grandson, Brock Banner Doucet of West Bridgewater, Ma. One sister in law who was her matron of honor, Alyce Lemaire Maynard of PA. She leaves many nieces and nephews; Michael, Thomas, Jean, Kelly, Kara, (Cardoza) Robert, Bruce, Steve, Laurie, (Campbell)Judith and Susan, (Maynard) three step- grandchildren and their families.

            She was preceded in death by her husbands: J. Paul Lemaire and Ralph Dow, her parents, her siblings Ruth Gertrude Cardoza and Robert Lincoln Campbell, nieces; Helen, Anita, Louise and nephew George and many friends.

            A memorial graveside service under the direction of the Potter Funeral Home, 81 Reed Rd., Westport will be held at Beech Grove Cemetery, Westport on September 28, 2020 at 11am. Please adhere to all Covid-19 state guidelines by wearing a mask and remaining 6 feet apart if you plan to attend. All traditional Scottish clan apparel is welcome.

            The family would like to express heartfelt gratitude to the wonderful staff at the Oaks Skilled Nursing Facility for their dignified and caring environment. Jean spent her final years being creative, feeling loved and blessed to be treated as the lady she truly was.

            To sign the on-line guest book, please visit www.potterfuneralservice.com.

Anonymous Complaints Leave Town’s Hands Tied

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            In what could go down as the shortest Board of Selectmen public meeting in the history of the town, Mattapoisett’s selectmen met for just about five minutes on September 15 to discuss a complaint their office had received.

            Well, discuss may be a stretch; the board actually didn’t discuss the complaint or the alleged infraction in any detail, instead Chairman Paul Silva emphasized the importance of openness. “We cannot discuss the matter because the person didn’t leave their name,” he said.

            When the town was crafting its return to opening businesses in the wake of the COVID-19 pandemic, the selectmen considered what to do if complaints were lodged against businesses that were not complying with the wearing of masks and distancing. At that time they agreed that any complaints from the public would have to include the source’s name and contact information – anonymous complaints could not be followed-up. They concluded that it was unfair to the business in question to investigate complaints otherwise.

            “The complaint is for a restaurant, (about) a worker not wearing a mask and maybe someone getting takeout not wearing a mask,” Silva said. He confirmed that the rule regarding restaurant workers is that they must wear a mask at all times and that customers waiting for food or to be seated must wear a mask.

            “Really, anyone making a complaint about anything should leave their name and address,” Silva stated.

            Silva then announced that the board would be adjourning and going into Executive Session regarding a legal matter.

            The next meeting of the Mattapoisett Board of Selectmen is scheduled for Tuesday, September 22, at 6:30 pm.

Mattapoisett Board of Selectmen

By Marilou Newell

From the Files of the Rochester Historical Society

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The idea for this article came from two pictures that I found in my mother’s attic. They were black and white photos of her grandmother’s and my great grandmother’s (Grandma Hartley) house. One was labeled July 1944 and showed the house with a stand of trees in front of it. The second was labeled September 1944 and while the house looked the same, the trees were knocked down. When I had first glanced at the pictures, I just assumed 1938, but when I realized they were from a storm in 1944, I went to the museum to see what I could find.

            The Great Atlantic Hurricane is often referred to as the Forgotten Hurricane of 1944. The storm was first spotted northeast of Puerto Rico on September 9 and steadily intensified as it headed north. It hugged the coastline and while it impacted the Outer Banks, the Mid-Atlantic states, and the Canadian Maritimes significantly, its impact was greatest in New England. However, the storm-caused deaths were primarily, sailors caught at sea. The hurricane killed 248 aboard a Naval Destroyer off of Florida and 48 as it sank two Coast Guard Cutters on its way past North Carolina.

            For the first time ever, an aircraft was flown intentionally into the eye of storm to measure the winds’ intensity. Unlike on later such missions, the pilots survived but they reported a terrifying ordeal. On September 14 of that year, the hurricane made landfall in Port Judith, Rhode Island, and then on to Massachusetts with highest sustained winds of 145 miles per hour.

            The reasons that such a powerful storm has been mostly forgotten vary. First, in 1944, the country was in the middle of WWII and weather reports weren’t given in order to prevent German U-Boats and submarines from using them to their advantage. Some careful warnings were put out in areas where people needed to evacuate. Usually, a hurricane flag hung outside the local Post Office or a nearby Coast Guard station notified people. No one learned of the Naval and Coast Guard deaths until after the war.

            The second reason was that this storm came just 6 yrs. after the horrific hurricane of 1938 and while it drew comparisons with that storm, it hit the coast from a different direction and it weakened more on landfall which caused a lower storm surge. Even though the total damages were one million dollars in 1944 (equivalent to 1.2 billion today) this was one-third of the damage done in 1938,  in part because so much of the 1938 destruction had not been rebuilt, so there was less infrastructure to destroy. 

            By September 16, the storm dissipated as it passed through the Canadian Maritimes.

By Connie Eshbach

Enforcement Order Yields Results

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            After issuing an Enforcement Order to property owned by Christine Gibbons, 37 Water Street, for use of chemicals in a wetlands resource area, plans are being developed to remediate the damage. During the September 14 meeting of the Mattapoisett Conservation Commission, abutters Jeff Jordan and Chris Ketchel expressed their concerns regarding the type of remediation that will ensue and the length of time it will take to see results.

            Conservation Commission Chairman Mike King said that, given drought conditions, it could take up to a year to see greening results from new plantings along the stream that empties into the Town Beach across the street from the property in question. King went on to say that the property owner had hired Mark Manganello of LEC Environmental Consultants to produce a remediation plan calling Manganello “one of the best” in his field of expertise.

            Ketchel asked who was ultimately responsible for ongoing maintenance of the stream that originates just south of Route 6 as it meanders south through residential properties leading to the ocean. King did not directly respond to that question, instead saying that stones and rocks which Ketchel said were now falling into the stream could have become unstable due to drought conditions. Ketchel wondered aloud if the lack of vegetation could also be a contributing factor. King affirmed that conclusion as a possibility. He also assured Ketchel that the stream has to adequately flow so the commission would ensure that that is the case. King then asked the commission’s agent, Liz Leidhold, to do an onsite review with Manganello.

            In other matters, filings that had previously been opened found closure when orders of conditions and requests for determination were finalized. Cases had been continued in an ongoing effort by the commission to ensure sufficient public discourse as the town continues its use of remote meeting platforms due to COVID-19 restrictions.

            Craig Bovaird’s Notice of Intent received an order of conditions for the construction of an addition to an existing residence located at 26R Pine Island Road. The project also includes the disruption of some 1,900 square feet of resource area countered by 2,075 square feet of restoration area. Plans also include ongoing removal of invasive bamboo plantings. Part of the orders mandates annual reports on both the restoration area and the bamboo removal, as well as the construction of a permanent barrier denoting the wetlands areas.

            Rich Ricco of Field Engineering, representing Norma Klein of 4 Indian Avenue, received an order of condition for an NOI that includes the razing of an existing garage, construction of a new garage, and several smaller renovations and site improvements to the dwelling. Ricco confirmed that all FEMA regulations would be adhered to, saying, “We feel we comply with FEMA for construction in a coastal storm flowage area.”

            Representing several abutters was Brian Grady of G.A.F. Engineering, who said, “Most things have been addressed,” referring to previously aired construction issues brought to light by his colleague Bill Madden. Grady continued, “We appreciate the revisions and the effort.”

            Patrick and Lisa Matthews, Lot 507 Park Place, were once again represented by David Davignon or Schneider, Davignon, and Leone, Inc. for their NOI for the construction of a new single-family home. Hearing no objections from the public on this previously continued filing, the project was conditioned.

            An RDA requested by Brian and Patricia O’Neill for 11 Mechanic Street also drew no public comment when first opened and subsequently continued, thus the project which includes the construction of a 22×25.5-foot garage and 10-foot addition received a negative determination of applicability.

            Continued once again was the NOI filed by Kathleen and William Sylvia, 41 Cove Street, for the construction of a home on a barrier beach. Consulting engineer Richard Charon, representing the applicants, said that he has been studying the issue of beach resiliency as defined by the Massachusetts Department of Environmental Protection and Massachusetts Building Codes. He said he believes that the Massachusetts Building Codes establish criteria for building in coastal zone areas. However, King questioned the need to bring 100 yards of fill onto the site.

            Charon explained that the design included a building-up of dunes as had been done on adjacent properties, adding that the beach association needs to look at beach nourishment overall. When King asked about seagrasses to stabilize the fill, Charon said more fill would allow more grass plantings. Charon also pointed to the fact that the DEP did not offer any guidance on fill other than through narratives on means of construction. He said a grain-size analysis would be done to ensure compatibility with site conditions. The hearing was continued until September 28.

            Two RDA filings earlier in the proceedings received negative determinations of applicability. Those filings were from Kevin LeBlanc for 34 Brandt Beach Avenue for the construction of a 26×24 square foot addition, and, Jay and Julie Duker, 112 Aucoot Road, for the addition to an existing family dwelling and relocation of its septic system. A request to amend an existing order of conditions for minor modifications was granted to Monarch Trust for property located at Lot 50 Pine Street.

            Final business for the evening was approval to Saunders Funeral Home for tree trimming and maintenance in and around detention ponds and drainage features, and, approval to David McIntire to dig test pits for soil studies at 7-17 County Road.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Monday, September 28, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

Retired Bogs Have Future in Focus

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            The plan to restore the 57 acres of retired cranberry bogs off of Acushnet Road in Mattapoisett to something approaching their pre-agriculture state has traction.

            On Tuesday afternoon, neighbors and potential recreational users were invited by Buzzards Bay Coalition and the Town of Mattapoisett to a public gathering for an update on the plan to bring back the Mattapoisett Bogs property to its former wildlife status and augment that with an improved, outdoor education and recreational access.

            “We’re getting closer to finalizing the conceptual design,” said Brendan Annett, the Buzzards Bay Coalition’s vice president of watershed protection. “It’s just gotten to this point where… now we have an updated design.”

            Tuesday’s presentation out at the Mattapoisett Bogs comes after a number of public meetings about the project on property acquired several years ago. According to Annett, the project’s contractor is preparing designs to obtain permits to restore wetlands.

            When the bogs were retired in 2012, Decas Cranberry company enrolled in a program run by the US Department of Agriculture Natural Resources Conservation Service that retires agricultural operations in wetlands. The USDA carries on such work in other parts of the country in crop fields, floodlands, and wetlands. 

            The resulting easement stipulating that the Mattapoisett Bogs can no longer be farmed led to a transfer of ownership of the now-restricted property to Buzzards Bay Coalition with the requirement with that the bogs be restored to wetland. Once permitting is secured at the state and local levels this winter, Buzzards Bay Coalition will regrade the site.

            “We collected a lot of data on groundwater… we’re trying to reconnect the land with the hydrology – with the water,” said Annett, who has worked for the coalition the last 12 years. “We’re basically regrading it to a natural-like wetland.”

            Benefits will include flood storage, wildlife habitat, and maintenance of recreational elements including trails at the site. Annett said the design will lay out trails in a similar pattern so users can enjoy the view of the marshes and the swamps. Partial trail closures are expected while work is being done, but it is hoped the public can stay connected to this natural resource through the transition period.

            “The goals are to improve ecological function. The ditches and canals dug (for cranberry bogs) on the site function to convey water but require management. The bogs no longer have a purpose so the water will be utilized for maintaining these wetlands,” said Annett. “(The project) supports fish and wildlife, restores water flows, and infiltrates the groundwater.”

            While the bogs needed watering and maintenance, their impaired infrastructure will be restored to an extent that such functions can be naturally sustainable.

            Buzzards Bay Coalition is working with GZA Engineering. The design will also reflect input emanating from an April 2019 public meeting, including trail links, water quality, and wildlife habitat. Annett said the coalition has been working with the Town of Mattapoisett “since the beginning” of the effort.

            The project will be funded by the USDA-NRCS and three state agencies, the Division of Ecological Restoration, the Recreational Trails program, and the Environmental Trust.

            Annett says there is a similar project currently in progress along the Weweantic River, and expects in the case of Mattapoisett Bogs that over the course of permitting the coalition will achieve a better understanding by then how to manage public access to the property.

By Mick Colageo

Stephano Screening at the Mattapoisett Library

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The Mattapoisett Free Public Library and ORCTV invite you to a joint local broadcast and online streaming event featuring a screening of “Stephano: The True Story of Shakespeare’s Shipwreck” and an exclusive Q&A session with two-time Emmy-nominated producer Andrew Giles Buckley on Thursday, September 17 at 7:00 pm.  

            This 90-minute film, a presentation of the series “Hit and Run History” by American Public Media, shares the story of Stephen Hopkins, the only Mayflower passenger who had been to North America prior to the famed journey in 1620. A decade earlier, Hopkins was aboard a Jamestown-bound ship that wrecked on Bermuda and provided inspiration for Shakespeare’s play, “The Tempest”. Shot on-location, the “Hit and Run History” crew retraces Hopkin’s life crisscrossing the Atlantic and examines stories that Hopkins may have been the model for the drunken, mutinous Stephano in Shakespeare’s play. Hit and Run History seeks out the reality of a man who was everywhere at the founding of America. 

            This program is supported in part by a grant from the Mattapoisett Cultural Council, a local agency which is supported by the Mass Cultural Council, a state agency.

            Check out ORCTV’s Facebook page for the live event or catch it on Channel 36 for Verizon subscribers and Channel 9 for Comcast subscribers. 

            If you have any questions, please call the library at 508-758-4171 or email at mfpl@sailsinc.org.

ZBA Mourns Loss of Member David Bramley

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            Members of the Marion Zoning Board of Appeals were shocked and saddened to learn that member David Bramley had passed away on September 2 at age 72.

            Chairperson Christina Frangos made a statement on behalf of the ZBA at the board’s September 10 Zoom meeting: “We’re saddened by his passing. I only knew David for the year or so that I’ve been on the board, but he was certainly very engaged, asked helpful, really probing questions, and really had the town’s best interests at heart at all times. He really was a wonderful member of this board and we’re going to miss him. I want to thank him publicly for his service and tell his family that we’re keeping them in our thoughts and prayers.”

            Originally from Woburn, Bramley was a graduate of Tufts University (1969) with an MBA from Babson College. According to his LinkedIn page, he most recently worked as a senior environmental engineer at Green Seal Environmental Inc. based in Sagamore Beach. Bramley was scheduled to serve until June 30, 2023.

            On a more positive note, Marion Building Commissioner/Zoning Officer Scott Shippey announced the birth of his granddaughter Harlow. “We wear our masks when we hold her and are all washed up,” he said of his visits to Plymouth, where Harlow lives.

            On another positive note, Jim Ryba made his first appearance as a member of the ZBA. Ryba, originally from the area, worked in law enforcement and lived in New Hampshire until retirement and his return to Marion. Ed Hoffer, the chairperson of the Marion Board of Health, was also approved by the Board of Selectmen to join the ZBA, but had yet to be sworn in as of the September 10 meeting and did not attend.

            Frangos said the ZBA would like Town Counsel to provide new members with a summary document to be a handy reference for common practice and procedural questions. Shippey assured Frangos that the effort is underway.

            Three cases were on the September 10 agenda, two of which were heard and both presented by engineer David Davignon from Schneider, Davignon & Leone on behalf of the applicants.

            In Case #778, applicants Patrick Fischoeder and Allison M. O’Neil sought a Special Permit to replace a home previously destroyed by fire with a new single-family dwelling at 498B Point Road. The property boarders Blankenship Cove to the west and residential properties in other directions. The former house and a cottage on the property have been demolished.

            The new structure will measure 35 feet high, and coverage of the lot will shrink from 4.4 percent to 3.2 percent. “We cannot meet the current zoning setbacks, but we can improve on the historical, non-complying setbacks,” said Davignon. “In a nutshell, we’re requesting a Special Permit to reconstruct a non-conforming structure to replace a non-conforming structure” outside the flood zone.

            Frangos cited the fact that the Board of Health had already approved the septic design on July 21 and offered no objection to granting the Special Permit.

            The new construction would sit slightly seaward of the former footprint, but remains a non-consequential 356 feet inland while being farther away from the property lines than the old structure.

            Shippey introduced 230.61G Catastrophe Bylaw 2 (house destroyed by fire), and relative to that bylaw Frangos noted that the proposal is well within the 24-month limit. “I don’t see any additional detriment to the town. Clearly, it’s in nobody’s interests to have a burned-down structure sitting there,” she said.

            The members agreed.

            When public comment was invited and none given, the applicant said the neighbors have been informed.

            “The site already looks better than when the fire hit,” said board member Cynthia Callow. “They have a lovely landscaping plan … It has already improved the neighborhood, I would say.”

            The ZBA voted to close the public hearing and voted to approve the Special Permit to the applicants.

            In Case #779, applicant Thomas C. Webster requested a Special Permit to tear down a 1930 house located at 34 Oakdale Avenue and construct a new, single-family dwelling that would bring the home into floodplain compliance. 

            “The proposal before you will improve existing conditions,” said Davignon, noting that the Marion Conservation Commission approved the project during its September 2 meeting.

            The old cottage falls within a flood zone on a lot 45 feet wide and is vertically non-compliant by 6 feet, according to Davignon, who plans to replace it with a two-story, 264 square-foot cottage with a drive-under garage and will connect to town sewer.

            The building will be 34.5 feet high, and the first floor will be raised 8 feet higher than the former house. Davignon said his company worked on a similar design just down the hill from the one proposed at 34 Oakdale Avenue.

            An abutter, Jim Crabtree, a 51-year resident, offered no objection to Davignon’s plan. Davignon said the new home will be in line with two other homes but its 34.5-foot height will block no neighbor’s view toward the water. Frangos noted that there is no Marion bylaw preventing the blocking of a neighbor’s view.

            “Mattapoisett has a flurry of neighborhoods. Unfortunately, it does happen that a neighbor builds up where it blocks a view, but the neighbor has no rights to that view,” said Davignon.

            The ZBA voted to close the public hearing, and then voted to award the Special Permit.

            Heron Cove LLC on Wareham Road requested to continue Case #775, and the ZBA continued the case to September 24 at 6:30 pm.

            The next meeting of the Marion Zoning Board of Appeals is scheduled for Thursday, September 24.

Marion Zoning Board of Appeals

By Mick Colageo

Discrimination Case Dismissed against Town of Mattapoisett

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            The Town of Mattapoisett received notification recently that a case that had been wending its way through the United States Land Court and more recently the Massachusetts Commission Against Discrimination was brought to a close when the commission dismissed the case.

            The issue was whether or not a condominium complex that had been permitted as an age-related subdivision with all the waivers and consensus therein needed to meet Zoning and Planning Board regulations could amend conditions – in this case, to allow someone under 55 to reside at the complex.

            In 2016, Cheryl Martin and her husband Brian Porter received permission from the Mattapoisett Landing condominium board of trustees granting Porter, who at the time was not yet 55, to remain as a resident of the complex.

            In a follow-up on September 12 with Mattapoisett Landing board of directors, chairman Arthur Layton, he said, “the trustees reached an agreement; we wanted to find a way to solve the matter amicably.” He said that the board considered many aspects of Martin’s request to grant her husband residency, especially given that, “By the time it went through court he’d probably be 55.” Layton said the board simply wanted to find a ”friendly basis to resolve the matter.”

            But the Zoning Board of Appeals was brought into the equation when the Building Department was informed of the agreement between Martin, Porter, and the trustees. A cease and desist order was filed against Porter. Speaking on behalf of the town at that time, then-Town Administrator Mike Gagne defended the town’s position that the development had residency age-restrictions and that the developer had received significant “concessions” to build the cluster compound based on those restrictions. The Special Permit was denied.

            A press release received by The Wanderer on September 11 reads in part: “… the Town has received a decision granting a motion to dismiss from the Massachusetts Commission on Discrimination.” The motion was in reference to a complaint filed by Cheryl Martin and Brian Porter regarding the 55-and-over age requirement for residents of the Mattapoisett Landing Condominiums.

            Since its inception, the Mattapoisett Landing Condominium development was granted a permit by the Mattapoisett Planning Board with specific restrictions. The board procedurally conditioned the project to be developed with a 55-and-over age requirement in order to allow for a higher density of condominiums than would normally be allowed under the existing overly zoning for the area.

            The town was informed that one tenant residing in the development did not meet the mandatory age restriction. In response, the town’s zoning-enforcement officer issued a cease-and-desist order (under the conditions of the Mattapoisett Planning Board Special Permit) to the individual in violation. Litigation involving both parties ensued.

            The United States Land Court, in a separate decision dated July 2017, upheld the town’s cease-and-desist order, and the tenant, who was in violation with the mandatory age restriction, was forced to vacate the development.

            In her decision, MCAD Commissioner Sunila Thomas George favored the Town of Mattapoisett. When considering the previous US Land Court decision, the commissioner determined that there was “no public interest served in allowing this matter to remain open.”

            Director of Inspectional Services Andy Bobola stated in a follow-up, “I’m charged with applying the rules and regulations equally – imagine the chaos otherwise.”

            The press release received from Town Administrator Mike Lorenco goes on to say, “The Town of Mattapoisett is pleased with the decision. Administration would like to recognize and acknowledge the hard work of the Town’s Planning Board in properly permitting a project of definite need for Mattapoisett. The Town will continue to try to discover different avenues to promote affordable and appropriate housing for Mattapoisett’s growing senior population.”

By Marilou Newell