Septic Upgrade Hearing Turns Contentious

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            On December 14, the Mattapoisett Conservation Commission heard the details for septic system upgrades for one of the commissioners. An abutter, Ken Rocha, asked to be heard.

            The Request for Determination of Applicability filed by Chapman Dickerson and Melanie Dixson, 6 River Road, was represented by Rick Charon of Charon Associates, a civil engineering firm. Charon described the project in which an up-to-date septic system would replace a failing cesspool. Charon said that a test pit demonstrated a water level of 76 inches and that computer modeling was employed to calculate groundwater separation from the leach field.

            Rocha took exception to the entire plan. He began his comments by saying, “This has been in violation for over 15 years,” adding that it was a shame the commission hadn’t “picked this up” earlier for the protection of the environment. Rocha questioned the percolation test’s accuracy and said he found the expected new elevation of 15 inches “preposterous.”

            Chairman Mike King attempted to bring Rocha back to issues that the commission has jurisdiction over, namely the riverfront. King told Rocha that his comments should be directed to the Board of Health, which has regulatory oversight of the septic system itself.

            Determined to be heard, Rocha said he has over 30 years of experience as a biologist. He claimed the system design had been manipulated to squeeze it into available space on the property. King told Rocha his three minutes for public comment had expired and again identified the Board of Health as the place where his concerns should be heard.

            Charon again described the system, the use of modeling, and the site conditions, contradicting Rocha’s contention that the drought had affected the calculations. “That property is not any different from others.… It’s not fair that others have spent 30 to 40 thousand (dollars) on their systems,” Rocha insisted. King again stated, “This is a hearing for a septic upgrade. You are free to raise concerns with the Board of Health.” Rocha attempted to say more, but Charon broke in, saying, “I beg your pardon, sir, this is a first-class, septic-system repair. I find this very offensive.”

            King asked the commissioners for their decision after closing the public hearing. The filing received a Negative determination of applicability. Dickerson, who had recused himself from the meeting, returned for the balance of matters being heard on this night.

            Receiving approval for RDA filings were Clinton Schwamb, 4 Dyer Road, with an after-the-fact filing for the construction of a gravel driveway; Douglas and Claire King, 12 Union Street, for a deck expansion and driveway improvements; and Scott Kruger, 6 Pine Street, for improvements to an existing residence.

            The Mattapoisett Land Trust also received approval for an RDA that will allow the organization to create a small parking area and perform trail improvements on the property now known as the Oliver Wendall Holmes Preserve off Angelica Avenue.

            A Notice of Intent hearing was continued until December 28 after being opened for Craig and Elaine Bovaird, 2 Oliver Street, for renovation to an existing residence, including a patio, gravel driveway, and deck. It was noted that the Massachusetts Department of Environmental Protection had made no comments on the proposed changes.

            The Town of Mattapoisett received an Order of Conditions for the construction of a bike path at the end of Industrial Drive. Jake Carmody of TEC said they were still working with MassWildlife’s Natural Heritage & Endangered Species Program on a turtle protection plan.  Since this project would not be fully funded for some time to come, Carmody sought to have replication areas put on hold for now.

            King suggested and received agreement from the commissioners and Conservation Agent Liz Leidhold to approve and condition the entire project now with protections to the replication area, erosion controls, endangered animals, stormwater management systems, and flagging, among others. The plan is for the section between the end of the paved road known as Industrial Drive and the Marion town line to be improved first with grant and donation funding in hand. This work was described as having “no impact on wetlands,” Carmody stated.

            The commissioners moved to accept BETA Engineering as the peer-review consultant for the proposed Randall Lane, LLC solar array, noting that the Planning Board had previously selected this group to oversee the site plan review.

            King reported that work related to an Enforcement Order at the residence of Daniel Craig, 4 Seabreeze Lane, was taking place and in compliance with cooperation on all fronts. Town Administrator Mike Lorenco responded to Craig’s attorney, who wondered aloud about the enforcement filing still before the Superior Court. Lorenco said as long as the process continues, a dismissal was likely. He thanked everyone involved for this result.

            This next meeting of the Mattapoisett Conservation Commission is scheduled for December 28 at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

Bishop Stang First Quarter Honor Roll

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Bishop Stang High School is proud of the accomplishments of our students, and recognizes those students earning Honor Roll distinction. Students on the President’s List have an average 95 or above, and a 90 or above in all courses. Students receiving First Honor have an average 90 or above, and an 85 or above in all courses. Those with Second Honor have an average 85 or above, and an 80 or above in all courses.

            The following students from our area are being recognized for their academic achievement at Bishop Stang High School for their performance in the first quarter:

            Marion: President’s List: Lillian Manning ’24

            First Honors: Raquel da Costa ’21, Maeve Egger ’22, Luke Tougas ’23

            Second Honors: Bridget Clavell ’21, Sophie Lynch ’21, Molleigh O’Neil-O’Connell ’24, Redmond Podkowa ’23, Elizabeth Russo ’24

            Mattapoisett: President’s List: Noah Cormier ’24, Julia Downey ’23, Liam Downey ’21, Lillian Surprenant ’24

            First Honors: Cole Dube ’21, Ella Meninno ’21, Sophia Meninno ’24, Joel Michaud ’21, Eleanor Senna ’23

            Second Honors: Caroline Connelly ’24, Ryan Oliveira ’24, Hannah Ramalho ’23, Claire Surprenant ’22

            Rochester: President’s List: Bree Killion ’24

            First Honors: Dylan Aguiar ’21, Kara Feen ’24, Lindsey Feen ’24, Isabella Marotta ’24

            Second Honors: Briana Pothier ’22, Sarah Pothier ’24, Kyle Viera ’24

Friends of the Mattapoisett COA

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To our community of seniors: The Friends of the Mattapoisett COA hope you are safe and well. We want to thank you for the continued support throughout the years and hope things improve sooner rather than later. Although things are quiet at the COA for now, we do still hope to keep up the membership tally. Your membership can be mailed to P.O. Box 1116, Mattapoisett, MA, 02739. We miss all of you at our luncheons and look forward to this never-ending year becoming history with hope on the horizon. Also, thank you to Jackie and her staff for keeping the home fires burning for all of us. Please be careful out there and, again, stay safe and stay strong.

Winter Sports 2020-21: Nothing Less than Perfection Will Do

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            In order to go undefeated through the 2020-21 winter sports season commencing with practices this week at Old Rochester Regional High School, the mission is a simple one, and it has nothing to do with box scores.

            “I feel really good about the work adults will commit to, to be perfect, and we need to be perfect this winter,” said ORR Principal Mike Devoll during a special Zoom meeting held on Monday night for student-athletes and their parents.

            With the December 9 vote of the Old Rochester Regional School Committee green-lighting the Bulldogs’ participation in winter-season varsity and junior-varsity sports, Director of Athletics Bill Tilden laid out the ground rules for student-athletes.

            The sports themselves, boys and girls basketball, hockey, and swimming (there is no winter track this school year), will see safety modifications, but that was not the focal point of Monday night’s Zoom meeting. That had to do with the teamwork that happens when the game clocks are not running.

            Rule 1: You have to wear a mask, and you have to bring your own water bottle. Tilden advised students to have several masks so that they can stay fresh. “If you show up without a water bottle, I’m telling coaches to send you home,” he said, noting that it’s unhealthy to try to make it through a practice without water. “We will close down a practice if we see kids sharing water bottles.” Schools will not be allowed this winter to use coolers and furnish water bottles.

            As thrilled as Devoll and Tilden were to be having this discussion, it was delivered with a sober temperament.

            “We continue to see students not taking that guidance seriously…. We need them to consider that the stakes are a little bit higher,” said Devoll, comparing the risk of self-quarantine to not only missing out on sports but the risk of shutting down their sport for their teammates. “The essence of high school sports is to be part of a team. There are teammates counting on us.”

            By not participating in fall sports, a decision Devoll stressed is a delay and not a cancellation, much was learned during the last few months watching participating schools succeed and fail in various aspects and practices. The other side of that coin is ORR student-athletes are, on average, a step behind. Any misstep regarding safety precautions could cost a team a critical level of conditioning work.

            A 10-day quarantine, Devoll reminded listeners, wipes out most of a season, as 2020-21 schedules are limited to a dozen games, all against South Coast Conference opponents. Limited to league play for the sake of simplicity, with each school adopting the same rules, SCC teams will face each other once with a league playoff at the end. It’s a short window of opportunity that will be laced with adrenaline, but how well the weaker links conduct themselves could decide the fate of many students’ sports seasons.

            “The schools that competed in the fall get it, and most of the students who stayed with an AAU or a club team, I think they get it,” said Devoll, who added that students could not catch up on sports the way they have been able to get caught up in curriculum. “I’ve been wanting a full experience for our students for a long time, so this is a good step in that direction. Simply put, go Bulldogs. I’m excited to start…”

            Some of the logistics: ORR will not allow spectators for its first two home basketball games. After that, up to two family members per player may attend. In the SCC, there are no fans allowed into away games.

            Locker rooms at home are open to a maximum of 10 players for changing purposes only (no showers). Players may not leave anything in the locker room. Players in the second slot of practice time on a given day are not allowed to use the locker room. Bathrooms will remain open.

            Before reporting to practice, students will use quick-response (QR) barcodes with their smartphones at various school locations to check-in and answer coronavirus-protocol questions, thereby saving their coaches valuable minutes allotted to practice. “If you don’t feel good, please stay home,” said Tilden, who doesn’t want to see any student taking chances with teammates potentially affected if they don’t feel well and still attend.

            Basketball players are asked to space out their bags 6 feet apart in the gym. That will help structure social distancing during water breaks.

            The trainer’s room, a popular hangout for players, is henceforth limited to three people who must use an E-Hallway pass for access. There will be no regular tape jobs; players are to wear preventative equipment instead. The three benches in the room will be limited to one person per bench so that the bench can be wiped down between visits.

            For away games, the capacity on a 27-passenger bus, including the driver, is 12 varsity and 12 JV players and two coaches. Players must arrive dressed to play. There will be no changing rooms, only a small bathroom.

            If a player becomes ill during practice or a home game, the trainer will determine a course of action. ORR has been using the auditorium stage as its Cares Room, but if it happens at an away game, that player would not be allowed on the team bus but would be held behind and await a ride home. Tilden said details are still in the works for such a case and may involve the coach.

            If, for instance, ORR plays Seekonk on a Tuesday and Seekonk calls ORR on Thursday to say someone tested positive for COVID-19 or anytime during the same week, the ORR players and coach go into 10 days of quarantine. A return to play for a positive test requires two clearance levels: the COVID-19 clearance and then a second clearance based on an evaluation of physical conditioning for return to sports.

            Coaches face the task of the game and an overall supervisory role. “Their jobs are going to be much easier if their athletes are cooperative,” said Tilden. “I don’t think the kids have had the fun part of school yet…. We want this season to happen in the worst way.”

            Basketball teams were to begin practice on December 8, with varsity and junior varsity occupying the gyms with an hour in between to allow for proper cleaning. Boys basketball is practicing at the junior high and girls at the high school.

            The Travis Roy Rink at Tabor Academy, ORR’s regular home ice, is not available, so the hockey teams are skating just over the Bourne Bridge at the John Gallo Ice Arena. The boys have tryouts and a 5:30-6:30 am time slot at Gallo. The girls, much shorter on numbers without the customary coop participants, will begin practice on Sunday, December 20.

            Swimmers were scheduled to begin on Wednesday night from 7:00 to 9:00 pm, but Tilden was mindful of the south coast’s impending snowstorm forecast.

            Typically, said Tilden, preseason talk focuses on team unity and concussion prevention and treatment, but those concerns have taken a back seat this winter. “We still need parents to pay attention,” he said.

            Of the 113 students registered to play winter sports at ORR, 35 physicals were outstanding as of Monday night. The Massachusetts Department of Health would not allow schools to use an 18-month physical; it has to be no more than 13 months out.

            There are user fees for winter sports, and Tilden said, “Not having winter track is a destroyer of the fee structure.” Without those 80 user fees, student-athletes were asked by Booster Club President Justin Shay to reach out for donations, saying that just two donations per student would get the Bulldogs through the winter season.

            The hockey teams, said Shay, are averaging 2.7 donations per athlete, with the total funds raised up around $7,000 for ice time. “They’re slaying it!” he said, encouraging all the student-athletes to seek donations.

            Tilden asked for delivery of user fees this week, if possible, or next week. “Let us know if you need more time,” he said, referencing payment plans. Those seeking a full waiver need to let the school know as soon as possible.

            While COVID-19 protocols were addressed with a fair warning of repercussions, Tilden told the School Committee that the short winter season could have far-reaching positive implications. If high-risk sports like basketball and hockey can succeed, then it will make it that much easier for the moderate-risk sports outdoors in the spring. “We need to make the winter season work,” he said. “If any parents have any concerns, we want to know about it beforehand rather than after.”

            Those with questions were invited to reach out to billtilden@oldrochester.org or justinshay@comcast.net.

By Mick Colageo

Mattapoisett Master Plan Process Kicks Off

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            It’s been a long time in the making, but at last, Mattapoisett’s Master Plan will get an overhaul and update now that the committee of volunteers has been sworn in. Their first meeting was held on December 9.

            This meeting and the entire Master Plan process will be navigated through completion by Southeastern Region Planning and Economic Development District (SRPEDD) with Grant King as the SRPEDD guide. King said early on in the meeting that, while SRPEDD would be involved, that role would be to act as advisers, consultants, and the recording secretary for the committee. He said SRPEDD had guided the Town of Marion in recent years as that town wrote its updated master plan.

            “[SRPEDD] Should be considered your editors in chief,” said King.

            It is a large committee with 19 members, but committee member Katherine Connelly wondered whether the committee fairly represented a diverse cross-section of the entire community. King responded by turning the question back to the committee, asking its members to decide if the committee comprises all sectors. He said based on the town’s population data, that would, in fact, be the case.

            Mattapoisett’s population has been described as aging. The 2010 census indicates that 96 percent of the town’s population is white, 1 percent African American, with all other racial groups comprising the balance. Income levels were pegged at $68,000 per intact household, and nearly 50 percent of the population at that time was between ages 45 and 65. In 2010 the number of residents stood at 6,400.

            Planning Board Chairman Tom Tucker said he thought the committee reflected the community with the exception of young people below the voting age. He had stated in the past that, because young people would be inheriting the community, he believed they should have a voice in the drafting of a Master Plan that would affect their future. King assured the committee that the Master Plan process would be viable, saying, “Don’t get lost in the numbers.” He said, given the caliber of the individuals who volunteered for a seat on the committee, “The quality is there; you are very competent and focused.”

            Regarding the Planning Board’s authority over the process and the final document, King said that the state guidelines indicate that only the Planning Board need approve the final plan before it goes to Town Meeting, but that most communities seek residents’ input. On December 9, all five Planning Board members: Tucker, Janice Robbins, Arlene Fidalgo, Nathan Ketchel, and Karen Field, were present and Planning Board Administrator Mary Crain.

            Representing other town board or community organizations on the committee: Colby Rottler (Finance Committee and Zoning Board of Appeals), Bob Burgmann (Capital Planning), Sandra Herring (Tree Committee), Paul Osenkowski (Mattapoisett Land Trust), Robin Lepore (Friends of the Mattapoisett Bike Path), Carole Clifford (Mattapoisett Museum and Mattapoisett Woman’s Club), Carlos DeSousa (Marine Advisory Board), and Shirley Haley (Council on Aging). Other members are Mary Dermody, Mike Rosa, Kate Haley, David Horowitz, Paul Criscuolo, Donna Shea, Chrystal Walsh, Cecile Sanders, Aaron Smith, and Yasmin Flefleh-Vincent.

            King said that moving forward, the committee should plan for workshops in preparation for drafting the new plan a year from now. He said he wanted the group to tackle matters such as land use, housing, and economic development first. To help jump-start the process, he asked the members to review master plans from other committees, including Marion’s.

            The committee will meet again on January 6 and February 3 at 7:00 pm. A workshop will be held on February 21 at 6:30 pm. All meetings are public and will be duly advertised with login/call-in details.

Mattapoisett Master Plan Committee

By Marilou Newell

Christopher E. Taft

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Christopher E. Taft – (82) November 14, 1938-November 30, 2020 died peacefully at home in Beverly Hills, Florida. He is survived by his wife, Lorraine R. Taft, his children Laura Taft of Dartmouth, Chris Taft of Marion, Diana Taft of Mattapoisett, MA and his 5 grandchildren. We honor his passing with this Cherokee Prayer: O’ Great Spirit, help me always, to speak the truth quietly, to listen with an open mind when others speak, and to remember the peace, that may be found in silence.

Recycle with ORRHS’s DECA Club

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Out with the old and in with the new! Clean out your closets and give Mother Nature the gift of donating your unwanted textiles. Did you know that 85 percent of clothing and textiles end up in landfills even though 95 percent can be recycled or reused? Support ORR High School’s DECA Club by donating your textiles all year round. The following can be put in the bins in any condition, old or new, as long as items are clean and dry: All types of footwear, clothing (including undergarments and socks), accessories (hats, gloves, scarves, handbags, duffle bags, tote bags, belts, ties), linens (sheets, pillows, comforters, blankets, towels, dish towels, throw rugs, draperies, table linens, placemats), and stuffed animals in any condition. Please bag items. Donation bins are located outside of Center School, Old Hammondtown, Rochester Memorial, Sippican School, and ORR Junior High and High Schools. All proceeds benefit ORRHS’s DECA Club.

ORRJH Students of the Month

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Silas D. Coellner, principal of Old Rochester Regional Junior High School, announces the following Students of the Month for November 2020:

Green Team: Gianna DeLeo & Kaylee Sitarz

Orange Team: Erin Cardinal & Benjamin Bourgeois

Blue Team: Spencer Troy & Ella Shannon

Red Team: Ryan Simmons & Molly Wronski

Remote Team: Emily Wyman & Douglas Barrows

Jeannine M. (LaVault) Duchaine

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Jeannine M. (LaVault) Duchaine, 89, passed away peacefully on Tuesday, December 15, 2020 at home in Mattapoisett, MA surrounded by family.

            She was the wife of the late Paul A. Duchaine with whom she shared 54 years of marriage.

            Born in New Bedford, daughter of the late Hector and Blanche (Gaudette) LaVault she lived in New Bedford and Mattapoisett most of her life. In addition to her parents, she was predeceased by her five brothers, Paul, Larry, Marcel, Robert, John, and her sister Gloria.

            Jeannine graduated from St. Anthony’s High School in New Bedford where she claimed she never missed a day.

            After marriage Jeannine was a stay at home mom, creating a loving environment for her husband and children. A devout Catholic, she attended St. Anthony’s parish regularly with her family. She was always a generous, elegant woman with considerable style and grace.

            She was blessed with five children, Nina and her husband Rory, the late Paula Mee and her husband William, David and his partner Monette, Linda and her partner Bob, and Joseph. Grandchildren include David and Ryan Mee, Devin Vachon, Lindsey and Edward Smith, Jeannine and Gisele Duchaine; and two great grandchildren William and Emily Vachon.

            Jeannine enjoyed playing golf and was a long time member of the Reservation Golf Club in Mattapoisett as well as the New Bedford Country Club. She also enjoyed traveling to Florida every year to visit her sister Gloria on Marco Island and her brother John in Fort Lauderdale.

            She found her calling as the consummate hostess and party planner. She had a flair for decorating and a knack for crafting festive surroundings for any occasion. In the early days of the Sunbeam Bakery the employees looked forward to the annual holiday party where Jeannine organized and decorated the finest party for all to enjoy.

            Her Funeral Mass will be celebrated Tuesday, December 22 at 11am at St. Anthony’s Church in Mattapoisett. Her burial will be private.

            Please be advised that due to the Covid-19 pandemic, there are strict guidelines that must be adhered to for the safety of everyone. You MUST wear a mask to be allowed entry to the services. Please practice social distancing and avoid any close contact. Capacity at the church will be limited. Thank you in advance for your cooperation. For directions and guestbook, please visit www.saundersdwyer.com.

Special Permit, Variances to Unify Business-Owning Family

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            As Town Counsel Blair Bailey explained during the December 10 meeting of the Rochester Zoning Board of Appeals, variances to zoning bylaws are mainly about the difference between want and need. So, as soon as applicants Daniel and Carrie Costa withdrew their petition for a third variance that would have allowed a proposed addition to their home at 173 Pierce Street to exceed the allowable 30 percent of the existing structure, the road was paved for the ZBA to grant them the Special Permit to convert their house into a multi-family dwelling.

            The ZBA readily approved the other two variances for lack of the frontage requirement and lack of contiguous linear feet of frontage for the hardships the Costas inherited with the June 2020 purchase of a nonconforming lot.

            The real hardship of the case is not something the ZBA can factor in. As Daniel Costa explained during the continued public hearing, that’s a family situation that has become more challenging with the passing of Carrie Costa’s father and her affliction with the auto-immune disease lupus. The Costas are home-schooling a child and will significantly benefit from her mother living with them to assist.

            “I’m at the mercy of you guys,” said Daniel Costa, who bought Lloyd’s Market four years ago. “We have no intention to rent it to anyone else. We’re not going anywhere; we’re here for the long haul…. All we have is cranberry bog behind us, so it doesn’t seem like a sight issue.” In trying to explain the motive for the since-withdrawn variance, he explained they had hoped to give his mother-in-law a little more space to visit with her five sisters.

            No abutters announced their attendance, but a point of discussion emerged in the board’s debate concerning the Special Permit, specifically language in the bylaw stipulating a single-family house must be occupied for seven years before its owners seek a variance to convert it into a multi-family home.

            ZBA Chairman David Arancio told the members that the language gave him pause. “I’m a little bit concerned about it because anyone can walk into town and buy a house that’s been up for seven years,” he said.         The membership felt that Arancio was getting hung up unnecessarily.

            “Mr. Chairman, what you’re saying is possible, but anybody requesting a two-family, the family has to come before this board, okay? At that point, the board would go through the hearing process and make a determination whether they’re going to be given a Special Permit…. They cannot put a two-family up unless they come before this board,” said ZBA member Kirby Gilmore.

            “The intent [of the bylaw],” said Vice Chairman Davis Sullivan, “was to keep new homes from being blown into multi-families before they were even lived in.”

            Bailey agreed with Sullivan and explained it this way: “A general rule of construction in the law is that a general document is interpreted against its drafter. In other words, if there is something that is ambiguous or can be interpreted two ways, then [as] a general rule, it is interpreted to have the ambiguity because, otherwise, the person who drafted it would have written it a different way…. Since it can be interpreted both ways, it has to be interpreted in favor of the Costas since we wrote it.”

            Citing other examples that apparently contradict the application of rules that other board members are setting to establish an interpretation of the bylaw, Arancio wanted to make a point. “Again, I don’t think it’s necessarily to this particular application, and I have documentation that’s based off of a prior bylaw review where we did have language in there. Whether it falls [under Section] 8c.17 of the multi-family where it needed to be occupied for at least two years … I think it’s something that the town will look at down the road,” he said.

            Qualifying his sticking point by acknowledging his agreement with the comments made by the ZBA members, Arancio said, “I also have the right to go ahead and not agree with the same thought process in regards to that [case]. It’s just given me a moment of pause because I think it creates opportunity…. I just want to make sure that if you have a relationship with a neighbor for 20 years and someone else moves in, that’s a completely different relationship. Even if they have to come before us … everybody can go ahead and sit in front of us and be nice, and it could be a difficult situation, so I’m looking at it from the global perspective.”

            Bailey reminded the ZBA that it can always limit the issuance of a Special Permit to the current owner. The board agreed to address the language of the bylaw for the sake of future cases.

            ZBA member Richard Cutler proposed five conditions to the Special Permit: two units only, at least one unit to be owner-occupied, all parking to be off-street, Special Permit to be non-transferrable, and plans to be changed to reflect 30 percent of the existing structure. The ZBA voted 5-0 in favor of the Special Permit and the two remaining variances sought.

            In Case 1155, Plumb Corner, LLC, is seeking permission to construct an 8-by-4-foot sign covering 32 square feet for property located at 0 Rounseville Road. The applicant is advertising a new subdivision, The Village at Plumb Corner. Per the applicant’s request, the board voted to continue the case to the ZBA’s next meeting on January 14.

            The ZBA is looking to level-fund $300 as its appeals budget. Discussion ensued as to paying for Bylaws booklets. Bailey advised the members that there would be enough copies for the board.

            The next meeting of the Rochester Zoning Board of Appeals is scheduled for January 14.

Rochester Zoning Board of Appeals

By Mick Colageo