A sailboat capsized on Monday southeast of Bird Island, located in Marion approximately a half-mile south of the Kittansett Club and Butler Point. Three people in the water were rescued, including a 78-year-old woman, a 49-year-old woman, and a 52-year-old man whose names were not released.

            Both Marion and Mattapoisett harbormaster boats responded to separate 911 calls shortly after noon on July 20 and worked together to bring the boat and the people who had been in it to safety.

            “The people in the water were able to get to their cell phone – initially they did – and then they lost their phone (before) a passer-by in a boat triggered the response from our patrol vessel,” said Marion Deputy Harbormaster Adam Murphy. “The position was rather unclear. Southeast of Bird Island is a pretty large area… When we got around Bird Island, we saw the passer-by boat. It was too rough for them to attempt (a rescue).”

            Both towns’ harbormasters reported consistent waves of at least 4 feet, and Murphy said south-southwest winds reached 25-30 mph. Once on the scene, he spotted one person in the water and two people clinging to the bow of the capsized sailboat.

            “Our plan was to drift downwind on them and put our patrol boat beside them. We timed the seas just right to (pull the people onto the harbormaster’s boat),” said Murphy, who notified Marion Police and transported the people back to the dock. “All refused treatment and went back home.”

            The boat, described by Mattapoisett Harbormaster Jamie McIntosh as a 17.5-foot, Cape Cod Day Sailer style, launched from Mattapoisett.

            “The conditions added to the reason why the boat capsized,” said McIntosh, who brought the boat to Barden’s Boat Yard in Marion.

            When McIntosh overheard the 911 call from the passer-by at approximately 12:15 pm with information that a boat had capsized and with three in the water, Mattapoisett staffers dropped what they were doing and went out to assist Marion in the rescue effort. When they arrived, the occupants were out of the water so Mattapoisett assisted Marion in righting the capsized boat.

            “We can’t speak any more highly of their staff,” said Murphy. “Their assistance was very valuable in this situation.”

            The incident followed closely on the heels of a similar misfortune in Marion seas, also involving a sailboat launched from Mattapoisett.

            Murphy said a 60-foot sailboat had a sail stuck, resulting in wind doing damage in 5- to 6-foot seas. “We dealt with that for over two hours last Sunday (before we) got that sail down,” he said. “It’s been a pretty rough weekend as far as weather goes, and not too many people grow up around here… it’s a real eye-opener. What ends up happening is, when you get out there, they’ll sail a certain way to get out of a situation.”

            Waves that are too big coupled with strong winds can make the situation worse.

            “Everyone’s recreating, and it’s showing,” said Murphy. “People need to pay attention to the weather, that’s the most important thing. And this end of the bay, particularly with the southwest wind, the majority of people respect it… when they’re in trouble, they need to call 911.”

            Murphy said the GPS equipment is helpful, but he strongly recommends checking a local weather report before embarking.

            Speaking to a Zoom meeting of the Marion Marine Resources Commission on Monday night, Murphy said, “A few people are going to call and say the Harbormaster’s boat went screaming through the harbor. Yes, that was me, and yeah, we did do that, but there was a reason.”

By Mick Colageo and Marilou Newell

            The Marion Board of Health met on Tuesday night via Zoom to establish a course of action to find a replacement for Public Health Nurse Kathy Downey, who has submitted her resignation effective August 19. The board accepted Downey’s resignation at its last meeting.

            Chairperson Ed Hoffer, Vice Chairperson Dot Brown, and Clerk John Howard agreed that the new public health nurse needs to be a benefitted position.

            “At this point in time in the middle of an ongoing pandemic, it is a full-time position… I don’t think it is a good idea to cut it back right now,” said Hoffer.

            Town Administrator Jay McGrail, who will advise applicants that public health nurse is a 30-to-40 hour position, said four applications have already come in. According to McGrail, any Town of Marion job scheduled for over 19 hours per week is eligible for benefits.

            “It’s a good job,” he said.

            The hiring process will be broken into two parts, a screening process and an interview of finalists. 

            Downey, Marion Health Director Dave Flaherty, and Assistant Town Administrator/Finance Director Judy Mooney will assist in the screening process, and McGrail and Hoffer will present finalists to the board, hopefully by the board’s August 4 meeting.

            “It’s an awkward process to have first-round candidates get interviews because it’s on (ORCTV),” said McGrail, who wants to bring the board the best candidates. “Then they’re getting interviewed and it’s on TV.”

            When discussing the job description, Howard suggested revisions that would eliminate the vaccines that Marion is providing children that no other comparably sized town provides.

            “The fiscal issues for the town the next two, three years are going to be really tough,” said Howard. “In the future, the boards of health possibly are not going to be signing off on that for future liability. I would love to see the numbers on that… I would like to see the reports from the public health nurse to our meetings the vaccines and reports. Dave (Flaherty) is doing a superlative job on that.”

            Noting her belief that that children’s vaccines have already been ordered, Brown thought it would be wise to continue the program.

            Hoffer buttressed Brown’s position, saying, “Any savings we have are going to be pretty minor,” adding that a few children not immunized could become a lot more costly.

            Brown addressed the changing role of the public health nurse regarding budgeting and money management. “It’s a different skillset than we’re looking for in a health nurse,” she said.

            McGrail added, “We could wind up with the public health nurse who hasn’t worked in a municipality before.”

            In discussing the board’s mission statement, Hoffer contemplated the potential that the Board of Health will someday need to hire consultants. “At the moment we have two physicians on the Board of Health, but there’s no guarantee we will forever,” he said.

            According to Hoffer, the board’s mission statement is limited, so he expanded on it and requested it be put on the agenda for the board’s July 27 meeting.

            The next meeting of the Marion Board of Health is scheduled for July 27. Because Governor Baker increased the public meeting capacity from 10 to 25 people, Marion boards and committees are henceforth allowed to meet at the Music Hall or via Zoom. Visit marionma.gov for updated information and meeting agendas.

Marion Board of Health

By Mick Colageo

            Asked in a letter from an unnamed abutter to add a stormwater recharge system for roof runoff and the extension of a grass swale to direct stormwaters into that system, Kenneth and Catherine Wood did so and more, presenting revisions of their building plan to the Mattapoisett Conservation Commission in its July 13, remote access meeting.

            The result was a unanimous approval of their Notice of Intent to build a single-family house on the Pinebrook Lane cul-de-sac. 

            In the public hearing continued from June 22, David Davignon of Schneider, Davignon and Leone, Inc., representing the Woods, noted two key changes, the stormwater recharge system and extension of the grass swale, and secondly a proposed extension of the clearing limit to the property’s westerly boundary – basically the backyard, according to Davignon – as requested by abutters.

            “We’re happy to make those changes… looking to close the hearing tonight,” Davignon told ComCom.

            The commission took the opportunity to reiterate its contention that the historic groundwater issues are the apparent result of inadequate engineering and not the fault of the owners.

            ConCom Chairman Michael King asked Davignon if copies of the revised plans had been provided to abutters. Davignon explained that the sole request was answered with an invitation to pick up a copy at Schneider, Davignon and Leone, Inc., but that person had not followed through prior to Monday’s meeting.

            A Notice of Intent filed by Bruce Rocha Sr. for work at 13 Sea Marsh Way was continued after discussion. Rocha was represented by Stan Humphries from Environmental and Restoration Consulting LLC. As Humphries explained to the meeting, a 1,100 square-foot lot was previously approved with a negative determination of applicability in a February meeting of ConCom.

            Humphries proposed six activities inside 7,500 square feet of land, none on the beach and none in the saltmarsh. The proposed, single-family house will measure 1,400 square feet and stand on piles. There will be two driveways off the salt marsh with a flat area of concrete slab and a short ramp, water being directed into pervious part of the driveways. A lawn area 10 feet wide to the sideline lot boundaries and a 6-foot strip revegetated with salt-tolerance shrubs and grasses was also proposed.

            Citing FEMA regulations, King said he is not 100 percent convinced of the retaining walls and will need to conduct research to make sure retaining walls are permissible.

            After comments were invited from the audience – there were none – King told Humphries that, while approving RDAs on the night they are requested, NOIs are subject to continuance to ensure the public has time to digest and respond. Thusly, ConCom would like to have one meeting to continue, do research, and check on compliance and performance standards.

            Asked by Humphries, Davignon said, “My understanding is that the slab cannot be connected structurally to the concrete columns or the retaining walls to the ramp.” Davignon said Humphries plan “should be fine” but reiterated a need to review the matter.

            King told Humphries that approval of his plan will ultimately be up to the Building Department. The hearing was continued.

            A NOI filed by Dale Leavitt of Blue Stream Shellfish LLC proposing an oyster aquaculture requesting 50 acres at a former shellfish farm site was continued but very much welcomed by the commission.

            Citing his 22 years in the seafood industry in New Bedford and his own application for oyster farming in Mattapoisett, King told Leavitt, “I know that you have been jumping through a lot of hoops.” King also recognized Leavitt’s career at the University of Rhode Island helping other farmers.

            “I personally think you will make an excellent addition to this area,” said King. “As much as I would like to grant you an approval, I have to allow an extra meeting to allow the public comment… “All of us would like to be there for your first harvest with shucking knife in hand, and maybe some cold beverages.”

            The commission shared in the laugh and voted to continue the hearing to July 27, after which Leavitt made a point of thanking Mattapoisett Conservation Agent Elizabeth Leidhold for her assistance in the application process during a complex year affected at municipal, state and federal levels by the coronavirus pandemic.

            “We think it will have wonderful effect for the water of Buzzards Bay,” said King.

            Matthew Mulnansky was issued a negative Determination of Applicability and can now forge ahead with his plans to install an above-ground pool within 100 feet of wetlands in the backyard of his 123 North Street house. The 21-foot round pool will have a ladder.

            Leidhold’s only advice was to aim the discharge of the pool in a direction away from the wetlands to avoid chlorinated or salted water away from the wetlands. After hearing no public comments inside of the three-minute window, a motion was approved to issue a negative-three determination of applicability. Mulnansky also indicated he wants to work on an existing deck next year.

            Homeowner Scott Kruger was issued a negative-three determination of applicability for his beach cottage at 6 Pine Street, where he plans to expand the outdoor living and entertainment space including a new, 40×16-foot floating deck away from the existing home and rebuild a 12×16-foot shed that has water damage. The deck would be within 100 feet of wetlands.

            King said that coastal storm flowage would be the driving concern and that the town’s Building Department would be the agency to lend guidance. Kruger’s approval came with the condition of notice to the commission prior to construction.

            Certificates of compliance were issued to: Torwin Development at Shagbark Circle; David McIntire Jr. in the adjacent Shagbark Circle lot (subject to the requirement of an as-built plan); and to Mark Kwatcher at 22 Fieldstone for an extension of his back yard (subject to the requirement of an as-built plan including the fence).

            An RDA filed by William and Robin Snow for a 12-x12-foot shed and deck expansion at 1 Beach Street was continued to ConCom’s next meeting, July 27. A COC filed by Alexander Makkas at 16 Island View Avenue was continued to August 11. A request to amend an NOI filed by Jesse Davidson at 22 Pine Island Road was also continued.

            In her Conservation Agent’s report, Leidhold reported no response to an enforcement order from the owners at 42 Marion Road. King suggested ConCom member Dave Lawrence “get his feet wet” by visiting the property. Lawrence said he is happy to assist.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for July 27. Visit mattapoisett.net for further information.

Mattapoisett Conservation Commission

By Mick Colageo