Garage Receives Special Permit – Again

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During the February 21 meeting of the Mattapoisett Zoning Board of Appeals, at least one abutter was not pleased that another request for the issuance of a Special Permit was filed by Norma Klein for the reconstruction of a lawfully non-conforming single-car two-story garage at 4 Indian Avenue. The original petition back in 2016 was granted to Klein, but subsequently appealed in Superior Court by abutters Debra and John Graf, 2 Indian Avenue.

            Klein had intended to use the second-story space above the proposed reconstructed garage as a studio/office, but twice the Grafs took the matter to court to stop the project from proceeding.

            Thus, it was on February 21 that Klein was once again back before the ZBA for round three with an application for a Special Permit, but this time with the stipulation that the second-story space would be for storage only.

            The Grafs’ attorney, Marc Deshaies, argued against the issuance of the Special Permit, saying, “People will circumvent the rule. … They want you to sanction it. … People will say it’s for storage but … it’s a shell game.”

            Deshaies continued, “I ask you to really consider what you are doing … [and] don’t rubber stamp this.” He also said that, without Bobola policing the use of the space, there was no assurance Klein would obey the restriction.

            But ZBA Chairman Susan Akin said that the board had received the opinion of town counsel and were comfortable with issuing the Special Permit. The application was submitted in conformance with bylaws for construction in flood zones as well as taking into consideration the height of the proposed structure and its design planned to be in harmony with 2 Indian Avenue and the surrounding neighborhood. Akin said, “All we can do is go by the decision … it’s been to court twice.”

            ZBA member Ken Pacheco reminded the applicant that the filing had originally been approved with the studio/office space, but that it now would only be allowed for storage. It was also confirmed that if Klein wished to add lawful plumbing in the future, it would be back before the ZBA and/or the building department and it would be declined.

            ZBA member Colby Rottler said, “Generally most people are very honest; I would trust them, besides the neighbors will complain.” He said that with modern devices any unlawful use of the space would easily be documented.

            The Special Permit was unanimously issued.

            Also coming before the board was Brian and Grazyna Blaesser, 23 Cove Street, for a Special Permit for the reconstruction of a second-story space. After a brief presentation by N. Douglas Schneider & Associates, the permit was unanimously approved.

            Continued until March 21 was the application filed by Ship Street, LLC for the conversion of a two-family home built in the early 1990’s from a private residence to a short-term rental property or a bed & breakfast. Attorney Ryan Pavao, representing the applicant, said all parties (not specifically identified) were nearing an agreement and requested a continuance.

            The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for March 21 at 6:00 pm in the Town Hall Conference Room.

Mattapoisett ZBA

By Marilou Newell

Tri-County Symphonic Band

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The Tri-County Music Association heads up a consortium of local organizations when the Tri-County Symphonic Band, under the direction of Philip Sanborn, presents a celebration of Buzzards Bay in music and the arts on March 23 and 24in Falmouth and Marion. Both afternoons will feature an art exhibition with works by local artists as well as musical compositions that portray the sea around us and Buzzards Bay in particular. Maestro Sanborn will lead the Tri-County Symphonic Band in a program titled, “Postcards from Buzzards Bay.” Artists from the Falmouth Art Center under the direction of Laura Reckford, Executive Director, will exhibit their works at the concert in the Simon Center for the Arts of the Falmouth Academy on March 23 at 3:00 pm. Artists from the Marion Art Center under the direction of Jodi Stevens, Executive Director, will exhibit their works at the concert in Tabor Academy’s Fireman Performing Arts Center on March 24 at 3:00 pm.

            The important work of the Buzzards Bay Coalition in saving the Bay and ensuring its well-being will be well represented at the concert by Mark Rasmussen, President and Buzzards Baykeeper, and his staff. Andy Herlihy, Executive Director of New Bedford’s Community Boating Center, and his staff will be on hand to explain the mission and activities of their organization. George J. Scharr, Arts Department Chair and Director of Community Outreach for The Falmouth Academy is hosting the March 23 concert in Falmouth. The Falmouth concert will be held in the academy’s newly constructed Simon Center for the Arts. 

            The Tri-County Symphonic Band has commissioned an original composition for these concerts by Cape Cod composer, Michael Donovan. The world premiere of this work titled, “Postcards from Buzzards Bay,” is the keystone of the concerts. It presents musical metaphors that depict scenes and happenings near Cuttyhunk, the dangerous shoals of the Elizabeth Islands, a Marion Regatta, a squall off the coast of Dartmouth, the departure of the fishing fleet from New Bedford and sunset at Woods Hole. A thirty year veteran of the US Air Force, Major Donovan was the Commander of the 567th Air Force Band from 1992 to 2002. In addition to the premiere of the commissioned work by Donovan, the band will perform works by James Fulton, Francis McBeth, Robert Russell Bennett, Ralph Vaughn Williams, John Phillip Sousa and a new work by Rochester resident and composer, John Wallace.

            Tickets for both concerts can be purchased online at: tricountysymphonicband.org.

Academic Achievements

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Regis Collegeis pleased to announce that 483 students have made the dean’s list for academic achievement for the 2018 fall semester. Malorie Kiehl of Marion is among the students who made the dean’s list. Kiehl is class of 2019. To be eligible for the dean’s list as a senior, junior, or sophomore at Regis, a student must have a semester grade point average (GPA) of at least 3.50. For first-year students, a semester GPA of at least 3.25 must be attained.

            Ella Vercellone of Rochester was named to the dean’s list for the Fall 2018 semester at Framingham State University. To be selected for the Dean’s List, a matriculated undergraduate student, carrying a minimum of three course credits, must earn a GPA of 3.30 or higher for the semester. To be selected for the President’s list, a student must have been named to the Dean’s List for three consecutive semesters.

            The following students have been selected for inclusion on the dean’s list for academic achievement during the Fall 2018 semester at St. Lawrence University.

-Maggie C. Farrell of Rochester. Farrell is a member of the Class of 2022. Farrell attended Old Rochester Regional High School.

-Ayana M. Hartley of Marion. Hartley is a member of the Class of 2022. Hartley attended Old Rochester Regional High School.

-Grace E. Jackson of Marion. Jackson is a member of the Class of 2022.

-Charles E. Tirrell of Marion. Tirrell is a member of the Class of 2021 and is majoring in physics. Tirrell attended Old Rochester Regional High School.

            To be eligible for the dean’s list, a student must have completed at least four courses and have an academic average of 3.6 based on a 4.0 scale for the semester.

‘Round the Clock Cuckoo

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            Andrew Maslow nailed it with his hierarchy of needs. He proposes that our actions are motivated to achieve certain needs; our most basic ones being met first, which leads to the opportunity for us to meet our psychological needs. If we are successful in meeting those, then we can strive towards those higher needs of creativity and self-actualization.

            Then, there is what I consider a hierarchy of frivolous wants. Picture the standard pyramid structure. At the bottom where the basic wants lie are the things I just don’t want to live without, like avocados, coffee, daily trail runs, shoulder massages, and Doc Martens. Then we get to the stuff that makes life easier, like unfettered access to high speed Internet, a giant chalkboard office wall, dry shampoo, and Google Maps. Next comes the stuff that enhances the quality of life and makes me smile: Persian rugs, old book-scented candles, Fever Tree tonic water, collecting rock and mineral specimens, and weekend trips to the mountains. Follow that up with the more elusive, yet attainable desires like peace and quiet and some alone time.

            But what happens when you’ve wanted some little thing as far back as you can remember wanting it in those fuzzy early childhood memories, and then one day you finally get it and it’s not all how you imagined it would be like? What happens when you find one item from one level of the hierarchy throwing off all the other levels? How do we reckon with fulfillment’s consequences, responsibility? I know what I do. I go cuckoo, accept the cuckoo, and live with the cuckoo.

            I was probably three years old in the hazy memory of me standing in my aunt and uncle’s Rochester kitchen, eyes fixated on the tiny wooden door atop the ornate wooden clock tick-tocking high on the wall. “Here it comes, Jeannie,” I’d be advised, probably by an older cousin. Then, “Cuckoo! Cuckoo! Cuckoo!” Out came the cuckoo bird and a couple seconds later the door would shut, leaving me in utter fascination and wanting more.

            All my life I’ve wanted a cuckoo clock of my own. But there was always something more important to throw my money at. Now and then, just for fun, I’d look up cuckoo clocks online and browse the Internet shops, scrolling through the various elaborate cuckoos with price tags proportionate with their detail and design. But I was never ready to hit that purchase button because it always just seemed so improvident to drop so many pretty pennies on something as impractical and useless as a cuckoo clock – until last month when I came face to face with the vintage refurbished, inexpensive and utterly enchanting genuine Black Forest cuckoo clock of my childhood dreams. True, I’ve lived my entire life without a cuckoo clock and, surely, I could survive remaining in a cuckoo-less state of cuckoo-longing, but why would I?

            I couldn’t wait for the rest of the pack to get home so we could marvel at the magnificence of my latest unconventional acquisition together. It was a dream come true for young little Jeannie and, just as I did 39 years ago, I relished in the hourly alignment that would free the reclusive cuckoo from confinement and send my inner child squealing with delight.

            “It’s a beauty,” my partner remarked. “And loud!”

            “It has a switch here on the side so I can turn the sound off at night and turn it back on in the morning.”

            “Cool, darling. Nice find!”

            Oh, how pleasant were the days that followed with each waking hour punctuated by the call of the cuckoo as I went through the rounds of my daily tasks. Every single “cuckoo” amused me.

            “Cuckoo!”

            “Yay, it’s one o’ clock!”

            “Cuckoo, cuckoo!”

            “Woo-hoo, it’s two o’ clock!”

            “Cuckoo, cuckoo, cuckoo, cuckoo…”

            “Hooray, it’s 10 o’clock, time for bed!”

            “Cuckoo!” eleven times.

            “Crap. Forgot to turn off the cuckoo.”

            Oh, well. I’m already snuggled in bed, tired enough to sleep through it, probably.

            “Cuckoo, cuckoo,” twelve times, “Cuckoo!”

            “Honey …”

            “Yeah, I know. I’ll go switch it off.”

            I get up, go downstairs, slog across the house to the parlor, switch off the clock, and slog back up to bed.

            Then it’s another day of cuckoo-clock joy, the cuckoo calling out during myriads of moments – “Cuckoo!” I’m having coffee. “Cuckoo!” I’m paying bills. “Cuckoo!” I’m sweating over deadlines. “Cuckoo!” I’m picking up a chewed-up Doc Marten after coming home and realizing I left the closet door open, a veritable buffet to my dog Ethel. “Cuckoo!” I’m watching the computer screen as the webpage won’t load and I’m late leaving for an appointment. “Cuckoo!” Darn it, I’m out of Fever Tree. “Cuckoo!” I’m in bed and I forgot to flip the cuckoo switch – again. And again. And the next night, again.

            “Cuckoo!”

            “Shut it, cuckoo!”

            “Cuckoo! Cuckoo!”

            At first my new possession was peculiar and precious. But my cuckoo soon changed its tune, singing now like a mocking bird pointing out my most cuckoo moments, calling me out as she sees me. “Cuckoo! Cuckoo!” It’s one constant and ironic reminder of that underlying force that unfolds the events of each day like cuckoo clockwork. It was Anais Nin who said, “We don’t see things as they are, we see them as we are.” The way I see it now, my cuckoo tells it like it is.

            I’ve got no right to complain, really. I bought the darn thing. I brought it home and chose to make it a fixture in my life. Finally getting what we want in life doesn’t end there, it comes with strings attached – responsibility – and, in my case, it came with long chains with heavy weighted metal pine cones attached that must be pulled daily to wind up the clock (or not pulled, depending on how cuckoo it drives me on whatever day it happens to be).

            It’s been some time now, and I’m getting into the routine of switching off the noise at bedtime (with the exception of a couple nights here and there) and switching it back on in the morning, pulling the chains to wind it back up for another 24 hours of cuckoo every hour on the hour. Anyway, isn’t life a virtual cuckoo’s nest? And despite the inconvenience inherent along the path to the fulfillment of those higher needs, I must accept the cuckoo. Love the cuckoo. Be the cuckoo. Besides, I’m actually quite at home in my natural habitat. So cue that mother-cucking cuckoo.

This Imperfect Life

By Jean Perry

Marion Local Scholarship Committee

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Marion Local Scholarship Committee is trying to give away money. Attending college is a burden on most families. Many generous donors have responded to the appeal of the committee throughout the years, but we need additional funds to award to deserving Marion students.

            Seniors graduating from our local school are about to embark on a costly adventure. We hope to continue to finance some part of their enormous expenses. Student scholarship winners will be chosen on the basis of scholarship, financial need, character, and service to the community. 

            Please donate as much as you can to Marion Local Scholarship Committee, Town Hall, 2 Spring Street, Marion, MA 02738.

Open House at the Marion Natural History Museum

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On Thursday, March 21, from 5:00 pm – 8:00 pm leave the kids home and come in and take a simulated trip to a far-away location while exploring our new Virtual Reality set. Enjoy a glass of wine and some light refreshments while you check out the museum’s exhibits, which include our butterfly and fossil displays, as well as our newer attractions during our first museum open house. Our current offering of virtual reality programs are; “Apollo 11”- during which you actually experience entering the Saturn V and take off to the moon!, Claude Monet’s “Waterlilies”, during which you are immersed in the painting while listening to Monet’s correspondence during which he explains what he was feeling while painting this extraordinary work, and “Everest”- a very realistic experience which allows you to attempt to “climb” the mountain. We also have VR Google Earth, within which you are able to visit a tropical island, stand on a street in Paris, or visit the Grand Canyon. All of our programs have a scientific and/or educational theme and offer a unique experience for everyone, including adults. Come in, relax and become familiar with your local natural history museum. 

March Book Sale at Mattapoisett Library

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The Friends of the Mattapoisett Library will be holding their Second Saturday Monthly Book Sale onMarch 9from 10:00 am until 1:00 pm, downstairs at the library, 7 Barstow Street. Stop in to browse our great selection.

            The Friends wish to thank the many donors who keep the library supplied with quality book donations. Book sale proceeds enable the Friends to sponsor many of the special programs offered at the library, and to make special purchases of books, museum passes, equipment, etc. Book donations are accepted at the library circulation desk during regular library hours. 

            The Friends of the Library is a 501c3 nonprofit group of volunteers created to support the library. The Friends always seek adult volunteers to help with setup and during the sale, as well as help with various library events through the year. To become a member of the Friends of the Mattapoisett Library, inquire at the book sale or look for our membership forms located at the library circulation desk.

Showstoppers’ Performing Arts Camp

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Registrations are now being accepted for Showstoppers’ 15th Annual Performing Arts Camp to be held April 16-19, 9:00 am – 3:00 pm daily, at the Knights Of Columbus Hall on Route 6 in Mattapoisett. Once again we are offering a Junior Program for elementary-aged students and a Senior Program for junior and senior high school students. A musical theater showcase will be presented to the public at 7:00 pm on the Friday night. This super fun and enriching program is perfect for students who love the stage or who might like to explore their interests. $175 per student includes performance CD, tee shirt, daily snacks, and certificate of completion. Don’t delay! Reserve your spot today! For more information or to register, call 508-758-4525 or email kzucco@comcast.net.  Additional information can be found by visiting us at www.facebook.com/showstoppersUS/. This program is supported in part by grants from the Mattapoisett and Marion cultural councils, local agencies supported by the Mass Cultural Council.

Board Penalizes Solar Farm for Incomplete Work

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The Rochester Planning Board didn’t beat around the fallen bushes on February 26 when it came to the Snipatuit Road solar farm owned by IGS Solar, formerly owned by Melink Corporation.

            According to Town Planner Steve Starrett, a large section of fence has fallen in the rear of the site, and about 12 of the planted Cypresses have fallen over. Apparently, IGS did not address these matters fast enough for the board, so the board voted unanimously to take the landscaping surety bond to make those repairs that would bring the project back into alignment with the orders of the board’s written decision.

            Planning Board Chairman Arnie Johnson said the board had threatened to revoke the bond in the past and, according to town counsel, the board was now well within its right to do so that evening.

            Now that the bond has been called in, IGS will have 14 days upon notification of the board’s action.

            “And [Town Counsel Blair Bailey] says, if we were so inclined tonight, we can take a vote,” Johnson said, which it did, unanimously.

            In other solar matters, Borrego Solar Systems failed the board’s recent “flag test” to see whether the solar panels at the corner of Rounseville Road and Mendell Road could be seen from the public roadway, resulting in the solar developer having to excavate a significant amount of earth in order to achieve a grade that would effectively conceal solar arrays behind the stockade fence.

            Steve Long from Borrego was in the hot seat that night and he admitted that, despite adherence to the calculations, the flags stationed at the sightline could still be seen above the fence. And with another so-called flag test scheduled for the following Thursday, Long vowed, “We’re gonna pass this time.”

            “I hope so,” said Johnson.

            “We checked it this time,” said Long.

            The area in question is specifically where there is a dip in the fence that follows along the grading of the land. 

            Since other areas subjected to the prior flag test passed, Johnson allowed the project to proceed with the installation of some of the racks that hold the solar arrays. But that night, Long was hoping the board would continue to put its faith in the solar developer and allow it to continue to install more racks. But that would be at the solar developer’s own risk, Johnson told Long, because there are also issues with a backflow of water onto Mendell Road.

            Long is confident that, once grass grows on the site, stormwater flow will be mitigated, but the board and its peer review specialist, Ken Motta, remained skeptical.

            “An established root zone on the grass … won’t take as much water as a forested area,” said Motta.

            Eight acres of woodlands were cleared to accommodate the project.

            “My suggestion would be to establish a monitoring point,” said Motta. “We know what the original water levels were. … My suggestion is that we just continue monitoring and give that area a chance to see how much of an affect that area is gonna get.”

            “I know we’re gonna pass the test on Thursday,” said Long, asking again to be allowed to continue to install racks ahead of the next flag test. 

            “At this point. They’re the ones who are gonna be responsible,” said Planning Board member Gary Florindo. “When it gets to the point where the water doesn’t stop going into the road … it’s their responsibility to correct it.” He continued, “If they want to continue to put the racking in, let them. … If you want to put ‘em up, put ‘em up.”

            But in the end, Johnson said, “We’re not gonna sign off until we have a significant rain event after a 70 percent vegetation [regrowth].” And, like with IGS, he said, the board could revoke the bond and get the work done.

            “You’re not out of the woods yet,” Florindo warned Long.

            Also during the meeting, the board continued the public hearing for REpurpose Properties for a 22-duplex age-restricted housing development after agreeing that eliminating one entry road and going with just one was a good idea. Johnson remarked that the same road design “worked good at The Pines,” and Motta agreed, saying, “It’s a good fit.” The applicant requested a continuance until March 26 in order to allow for a tandem Site Plan Review application, that of Plumb Corner Plaza property owner Sophia Darras.

            This application for Darras, care of Attorney Patricia McArdle, affects REpurpose Properties, as well as the land’s current property owner, Patricia Bray, Trustee of Union Jack Realty Nominee Trust. The proposed project involves the removal and abandonment of the existing drainage system and the installation of a new one that includes new catch basins, drainage manholes and piping, and stormwater recharge improvements.

            All appeared agreeable to the board, except that the project is located within the Groundwater Protection District, which requires the filing for a Special Permit. The hearing was continued until March 26.

            In other matters, the board closed the public hearing for 15 Cranberry Highway, LLC for the redevelopment of an existing building to accommodate a daycare center. The board granted all waivers requested by Field Engineering, including a waiver from required plantings around the existing stormwater basin, a reduction in setbacks for the basin, the waiving of a traffic study, and no landscape plan required, among other waiver requests.

            “It seems like all of our concerns were addressed,” Johnson said.

            The draft decision will be drawn up and reviewed at the next meeting, and then voted on during the next meeting following that one.

            Also during the meeting, Pedro Rodriguez, Solar MA Project Management, LLC, requested the withdrawal without prejudice of the large-scale solar voltaic installation Special Permit for 0 Old Middleboro Road. Johnson said the solar developer asked to withdraw without prejudice and re-file at a later date with plans that are “up to standards,” as Johnson put it. The board accepted the withdrawal without prejudice.

            The next meeting of the Rochester Planning Board is scheduled for March 12 at 7:00 pm at the Rochester Town Hall.

Thomas A. Nye, Sr.

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Thomas A. Nye, Sr., 72, of Marion died unexpectedly Wednesday, February 27, 2019 at Tobey Hospital. He was the husband of Patricia M. (Westgate) Nye, with whom he shared 53 years of marriage.

            Born in New Bedford, son of the late Ichabod and Florence (Parker) Nye, he lived in Marion for all of his life.

            Thomas served his country in the U.S. Army during the Vietnam War. He had also served his community as a call firefighter for the Marion Fire Department for the past 45 years.

            Tom lived a full, active and proud life. He loved his family endlessly and adored his five grandchildren. Tom was a gentle soul who would have done anything for those he cared about.

            He is survived by his wife, Patricia; two sons, Thomas Nye, Jr. of Marion and Andrew Nye and his wife Gail of Reading; five grandchildren, Christopher, Hailey, Camryn, Lily, and Piper; and his great-granddaughter, Madison.

            The Nye family would like to thank the Marion Fire Department and the Marion community for their support.

            Visiting hours will be held Sunday, March 3, 2019 from 1-5 pm at the Saunders-Dwyer Mattapoisett Home for Funerals, 50 County Rd. (Rt. 6), Mattapoisett. Burial will be private. For online condolence book, please visit www.saundersdwyer.com.