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

            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

            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

            Halloween is still several weeks away, but if a child sees his principal wearing a facemask on a computer screen, perhaps he or she won’t be spooked by the sight on the first day of school. That, and a ton of pertinent information, has been Derek Medeiros’ message to Rochester Memorial School students gearing up for a return to classrooms on Wednesday, September 16.

            The Rochester Memorial School principal recently held a Zoom question-and-answer session with families and told the Rochester School Committee that the videos are meant “to orient the students to what they’re going to see so that’s not a shocking experience when they walk in on the first day.”

            Rochester Memorial will have new signage on the ground and on its walls. The sneak preview, complete with administration behind masks, is an ice breaker for the new year.

            “Just to give them a nice little preview on what they’re going to see,” said Medeiros, who told the parents, “I apologize if you feel inundated the next week or so.”

            If inundation lessens apprehension, that may lead to more comprehension and better education.

            One of the more affable educational leaders in the Tri-Town, the RMS principal is known online for the “Medeiros Minute” on the school’s website that makes its comeback this academic year.

            Medeiros’ Principal’s Report, issued during the Rochester School Committee’s first official meeting of the 2020-21 academic year on September 2, was full of appreciation to the behind-the-scenes workers who have made a return to class possible. “Thanks Mr. Ouellette. I think, if I ask them to move one more desk, I might get one thrown at me,” he joked.

            From the rearranging of classrooms to ensure safe-distancing practices and common areas, HVAC and ventilation maintenance and improvement, and all kinds of tweaks toward proper safety and sanitizing standards, Medeiros showed excitement to get the year off and running.

            “The parents and guardians had some wonderful questions… a lot of positive feedback,” he said, alluding to placement letters going out on September 2, the establishing of cohorts and moving students around, and communicating with kindergarteners’ families.

            “It’s certainly a busy time, but we feel like we’re moving on,” he said. “We’re excited to see our building coming back to life.”

            Chairperson Sharon Hartley, who will continue to serve this year as the chairperson of the committee, called its hybrid meeting to order at 6:36 pm. Before breaking into Executive Session five minutes later, Hartley said she is happy to be back in school on Wednesday, September 16. Lasting one hour and 20 minutes, the committee’s Executive Session was held to discuss collective bargaining and non-union personnel.

            Upon the rejoin to public session, Hartley praised the administration for its attention to detail and reported from her visit with senior citizens at a Council on Aging function. She was encountered with questions and concerns, but when she relayed the information emanating from the many meetings this summer there was a collective sigh of relief and a mandate to relay their thanks.

            “There are no concerns in terms of being able to occupy the building,” said Old Rochester Regional Superintendent of Schools Mike Nelson, who attended the school committee meeting in person. “We’re in a really good place with classroom spacing and traffic flow in common areas… building transportation needs continue to be examined… strict guidelines in terms of the number of students… on buses.

            “Everything that we do is going to be a little bit different this year, and it really takes a lot of time.”

            Nelson wants to see Rochester Memorial’s support staff “really sit down and talk about the needs of our students; they know our building best in terms of coming up with plans that make sense for Rochester Memorial.”

            Nelson thanked everyone involved for their patience and support. “I’ve truly been humbled people by so many difference roles have reached out not only to myself but to educators in general with their support,” he said, noting the ideas and references that have been sent his way.

            Nelson said that the ORR School District issued between 450 and 550 Chromebooks, and said ORR’s IT team has been working to ensure they are sanitized and in working order. also checking on everyone’s needs including hot spots.

            ORR’s Learning Management System (LSS) has endorsed Google Classroom as its official program throughout the district because they do not want to spread too thin with access platforms. Asynchronous (i.e. prerecorded lessons) online education will be accessed using a program called Screen Pacify that has no capacity limits. Synchronous online learning will use the Zoom platform with secured licensing for all of the district’s educators.

            Nelson said ORR plans to move away from the card model used in the spring distribution of Chromebooks, having determined it is “not the best practice.” Instead, ORR will be providing each student their own Chromebook. “We don’t want to be in a place where, if school was closed, we don’t know which Chromebook went with each student,” he said.

            The hybrid (two days in per week) attendance model is how the school year will start, but by no means is the program meant to cast away other possibilities.

            “I know that we all want to see our students in person,” said Nelson. “What I feel most proud in terms of our back-to-school plan as it currently stands is: I feel it accomplishes the goal that we sought out.”

            ORR did its best to prepare to be able to pivot to another learning model based on “what we know at that time,” according to Nelson, who stressed that the hybrid model being used to open the new academic year is subject to change.

            The Rochester School Committee took the opportunity via the Zoom connection to welcome Assistant Superintendent of Teaching and Learning Dr. Jannell Pearson-Campbell, Assistant Superintendent of Finance & Operations Howie Barber, and Director of Student Services Craig Davidson.

            “This is my eighth day, but thank you for having me today,” said Pearson-Campbell, who has designed a 10-day COVID-19 plan for preparation as faculty and staff in district schools.

            In his financial report, Barber reported a $20,000 emergency relief grant through the Plymouth County arm of the CARES Act and credited Rochester Town Administrator Suzanne Szyndlar for her assistance.

            Davidson started working a few nights and weekends and will start full time on Tuesday, September 15.

            Nelson outlined the segments of the Policy Subcommittee engaged to make ORR District schools actively anti-racist. He reported having met with the five school committee chairpersons with the common theme an idea for each school adding a subcommittee on anti-racism. Forgoing discussion, the Rochester School Committee voted unanimous in favor of a subcommittee on anti-racism. Member Kate Duggan was announced as the first who will serve on the subcommittee.

            The committee also accepted with a unanimous vote the Anti-Racism resolution including the responsibility of each school to create a policy, commit to annual professional development, to champion inclusion and diversity, to identify systemic racialized practices with the understanding that school leaders can no longer remain silent, and guarantee that racial oppression is eradicated.

            Hartley made sure to include that the policy needs to be posted in a prominent place so it can be seen and students will know how to access it.

            Nelson said the new policy will go in the student handbook at Rochester Memorial.

Rochester School Committee

By Mick Colageo