CapeCodToday Blog Chowder
Welcome to CapeCodToday's Blog Chowder! This page aggregates the most recent postings from all the CapeCodToday bloggers for your convenience. Bookmark this page or see below left for RSS options.Latest comments
Having one company take care of your home's maintenance needs saves you time and money. We do lawn care, painting, carpentry, gutters, dump runs, window cleaning, and much more. (Dennis)
The most sought-after ice cream on the Lower Cape - come try one of our over 30 different flavors of ice cream, sherbet and yogurt! Free dog sundaes! Making super-premium ice cream since 1996! (Harwich)
In response to: Republicans open Hyannis H.Q.
It's time that the people start to take back their government, and this a great first step.
In response to: Wampanoag challenges Boston Globe Editorial
In response to: What Global Warming looks like in Chatham today
http://epw.senate.gov/public/index.cfm?FuseAction=Files.View&FileStore_id=56dd129d-e40a-4bad-abd9-68c808e8809e
In response to: What Global Warming looks like in Chatham today
Where was all this youthful and seasoned assistance when I had to move my Camp in March of '78, due to a blizzard. It was hot at all but damn cold when we did it.
In the last century we had Forer effect of the Barnum Effect after P. T. Barnum, this century it should be renamed the Gore Effect, same application applies.
In response to: What Global Warming looks like in Chatham today
http://www-eaps.mit.edu/faculty/lindzen/PublicationsRSL.html
In response to: What Global Warming looks like in Chatham today
I would offer you the following link to the Environment & Public Works Senate Committee. Or perhaps you would like to listen the MIT Professor Richard S. Lindzen, the Alfred P. Sloan Professor of Meteorology, Department of Earth, Atmospheric and Planetary Sciences and his views on Global warming, his research and the research of others has shown the last ten years the earth cooling.
http://www.epw.senate.gov/public/index.cfm?FuseAction=Minority.Blogs&ContentRecord_id=2674e64f-802a-23ad-490b-bd9faf4dcdb7
My failure to buy in the Gore hokum,however doesn't lessen my support for Cape Wind and what I perceive are the greater benefits to the environment and the rate payers than fossil fueled generation.
In response to: What Global Warming looks like in Chatham today
In response to: What Global Warming looks like in Chatham today
What ever you call it GW or CC, nor'easters are caused by atmospheric interactions aloft, not by seal level change, nor'easters have been around since the earth had an atmosphere.
In response to: Chatham: North Beach camp demolition to begin today
http://www.chathamnorthbeach.com/
In response to: The Local Cape Chambers Collaborative presents award to MOTT
In response to: Record That Variance! After a Year, You're Out , Rules SJC
What is good about this new decision is that it further separates the language in MGL 40A, §11 (a variance or special permit is not effect until it has been recorded) and the language in MGL 40A, §10 (use it (variance) within a year or lose it.) The only tolling allowed is during an appeal.
In response to: Record That Variance! After a Year, You're Out , Rules SJC
In response to: Drummer Cove/ Wellfleet ; Do We Need THIS 40B?
And with your response about egos you left the door open for me. My first thought was to explain that the 'we' was to be inclusive of your entire firm. But the opportunity was there so I took it.
I will say, in general as you have pointed out that there are good projects and there are bad ones.
In response to: Record That Variance! After a Year, You're Out , Rules SJC
Which is the reason Mass. Chapter of the APA thought it important enough to fill a amicus curies brief on the matter (supporting the Land Court ruling.)
Would you add by implication that a Special Permit, must follow the same steps needed to be taken for it to remain valid as well?
In response to: Drummer Cove/ Wellfleet ; Do We Need THIS 40B?
In response to: An Unsuitable Suit
That information is available by requesting it, all of what you seek is classified as a public record and open for inspection by any person.
The Secretary of Sate has publication (March 2009) on line, that is also downloadable that will walk you or any one else though the process.
http://www.sec.state.ma.us/pre/prepdf/guide.pdf
In response to: Drummer Cove/ Wellfleet ; Do We Need THIS 40B?
Which provided me the opportunity to help fill in some of the blanks.
I do find often that when an attorney opts to go to, or play to the public (via the media) that they are now trying to use public opinion (policy) as their court as perhaps the facts of law might not support the desired outcome?
I am sure the good citizens of Wellfleet that choose to inspect the public record have done so and formulated their opinions. But the opinions of the ZBA, are the ones that count, as you know.
For the record my only interest in this matter is that I support the creation of affordable housing. Is 40B perfect? Not in the least, but it is what communities have to work within now for the creation of affordable housing.
Perhaps if leadership in communities took an interest in development of housing for all; than these matters would not exist?
In response to: Drummer Cove/ Wellfleet ; Do We Need THIS 40B?
According to MHHA, Wellfleet's numbers stack up like this 1,430 housing units, 39 affordable in that number or 2.7%, over the last three years that number improved by only one percent. (In fairness most of all of the Cape towns has percentages below 5%, but that doesn't make it right.)
Affordable housing is for your children, for employees of most towns (the majority of those on the municipal and some on the educational side) and for a goodly number of residents who have lower paying jobs.
The writer of this blog, well educated, is legal counsel to the abutters to this proposed project so of course his blog will present facts that are solely favorable to his clients position. Thus a full balanced disclosure wasn't offered.
In response to: Guess who's coming to dinner, Pearl?
“He who distinguishes the true savor of his food can never be a glutton; he who does not cannot be otherwise.”
— Henry David Thoreau
Best of Luck.
In response to: Chrysler to close Harwich dealership; Dealers vow to appeal decision
In response to: Christy's interview on FOX-TV
In response to: Christy's interview on FOX-TV
But seriously, I'm glad you have chosen to run again and wish you all the luck in the world.
People, citizens and voters are seeing first hand what happens in an one party state. The arguments aren't over more taxes that is a given by both the executive and legislative branches, its whose new taxes are more important the classic ego chase.
Godspeed, Christy
In response to: Guv to spend Thursday on Cape Cod
While still keeping highly paid fluff jobs on his own payroll, positions that never existed before, which are designed to 'get his message out' to local groups and people. Sure sounds like the Commonwealth is paying for his campaign message to get out.
In response to: 9 out of 10 in Yarmouth want renewable energy systems installed
They are inland, or blocked from prevailing winds by something that absorbed the wind energy like a forest or a city.
There are some small scale s-Helix rotor units that can be mounted vertical or horzontial on building tops that will generate a portion of a building's needs and later in night when the building is dark back feed into the grid.
In response to: The break gets bigger; Unemployment jumped 4% here in one year; Obama-Teddy windstorm; State rules against Commission; Man swims around Cape; Fed boat whacks wrong whale
What is happening is that large amounts of sand are flowing into and onto the southern terminus of the beach and building up on the bay side on both sides of the inlet, closing the gap dramatically. I would suggest that those interested in this topic to go to http://www.chathamnorthbeach.com/ which is a web site dedicated to this subject. A good number of pictures and great series of three annual pictures taken with the current ariel picture illustrate the changes in the inlet.
Last spring and summer saw a lot of erosion of the point of the beach, the destruction and or relocation of a number of historic Camps. Last fall the trend changed and the point started to build up and extend westward.
In response to: Celebrate Marconi; T-Shirt designs wanted; Cape artist picked for national exhibit; Café turns in license; Town to try to get "wet" again; Selectmen not guilty; We get a new crematory
Some very wonderful and creative works were submitted by the students. There will be an Opening Reception for all the juried works and the award winners on 8 May at the Cultural Center of Cape Cod in Yarmouth.
ASMA believes very strongly in the future of student artists and attempts through contests, workshops and having members of ASMA talk with them thorough the year. The Cape and Islands are truly blessed with so many talented artists and 'archetypal' (or archetypical) scenes to paint plein air.
In response to: Cape is home to 156 species of birds; Wamps pick two, new council members; Brewster wants more conservation land; Selectmen to review aborted resignation
In response to: NIMBYs sue to stop rebirth of Christy's of Cape Cod
I would presume your attorneys have suggested a motion for summary judgment, as the most expeditious manner in which to make these frivolous suits end?
I wish you well in this matter.
In response to: NIMBYs sue to stop rebirth of Christy's of Cape Cod
Interesting they both selected Superior Court rather than Land Court to file their suits in. The Superior Court track does take longer, but the chances of them winning in that court are not as good as appearing before a Land Court judge (if they had a case.)
Land Court is a faster track for all parties, and the judges there see these types cases all the time, so they have much more experience.
In either venue the chances of the Appellant(s) being successful are doubtful, due to the facts of the case being what they are. But delay is the game.
To Bob W. I truly understand what you are saying, but zoning and zoning bylaws are written for the whole community, and it is Town Meeting in their collective wisdom that determines what are permitted uses and where they may be placed and operated.
State statues and prior case law determine how and under what conditions prior lawful non-conforming uses may be changed and/or modified.
Purchasers of residential uses should exercise due diligence when purchasing a resident that either abuts a non residential use or is nearby.
In response to: Slots confiscated at seven stores in Taunton and four North Shore convenience stores
In response to: Success at last--USCG boathouse makes its way to Quincy
In response to: 1924: One of the last six-masted schooners is lost. 1820: Mass. loses Maine today
An historic shipyard, the Percy & Small Shipyard with five of the original 19th century buildings The last commercial enterprise to build wooden ships in the city was acquired for preservation in 1971.
•A Victorian-era shipyard owners home
•An active waterfront
•And much more.
Well worth the trip, about five hours from Cape Cod.
http://www.mainemaritimemuseum.org/
In response to: In Case You Missed It! "Tolls would never come down"
In response to: In Case You Missed It! "Tolls would never come down"
In response to: 1974: When Cape Cod considered secession. 1851: Slave seized
In response to: 1974: When Cape Cod considered secession. 1851: Slave seized
Our fisherman would be subject to there own regulations in our own waters.
In response to: Michelle Obama writes Falmouth woman; Fisherman deny 'Unethical' gillnetting; Tribe votes today; : State eases casinos; Nordic skating; Stimulus deal compromise
That is as much of an abuse of taxpayers money as some of the ways in which the bailed out banks have spent the TARP funds.
In response to: MMS approves Cape Wind; no major environmental problems found
The floodgates of arbitrary and capricious lawsuits has not been cracked and soon to swell in a torrent of frivolous actions by the opposition, most without merit or cause.
Shameful, shameful.
In response to: Another Delahunt stealth move to stop Cape Wind
Cape Cod Times 12/10/08
"Although Obama strongly supports renewable energy projects, his administration would hopefully take more care in its review of Cape Wind than the Bush administration, Wattley said. And, with rules that will govern the leasing of offshore renewable energy also being developed under deadline and unlikely to be released before January, Wattley questioned why Cape Wind should be rushed."
In response to: Another Delahunt stealth move to stop Cape Wind
This is right out of the NIMBY playbook, as it creates creditability and 'fire' where there is none at a public hearing by tossing out a line that says, "The (name your agency of choice) has concerns as they have contacted me to find out what's going on." Even better is when you email them and they send back an email, that you can delete portions thereof as not relevant (like the preamble that says "I am contacting you as a result of your email.")
In response to: 1987: Nor'easter breaches Chatham-Orleans barrier beach
There is also a very informative web site that collects and disseminates information about the most recent breakthrough on Nauset Beach that happened April 2007.
http://www.chathamnorthbeach.com/
In response to: Here comes the snow - up to 6 inches of it
Afternoon activities are still on until that time.
Fireworks are rescheduled for New Year's Day at 6:00 p.m., over the Oyster Pond
http://www.firstnightchatham.com/
In response to: Birds of a feather
But you are spot on as to your concerns about what he and others have been up to in terms of Nixonian dirty tricks they have employed in opposition to Cape Wind.
The Senator will leave an impressive legacy, that in general, I will admit will be beneficial to society, but I'm afraid this issue will be one in which he will be carried from the hall on his shield as a failed warrior.
In response to: Outer Cape beaches lost forever; Aquinnah scrambles for a Plowman; Teacher's sex offenses arrest stirs reaction
“Some places in the Seashore are under pressure,” he said, pointing to the cliff at the relocated Highland Light as a classic example. “The old location is now on the edge.”
A significant part of the problem is the sea level rise of in this area of about a foot in the last 100-years. The problem is 75% of that rise has been in the last 40 years. The other problem even though its subtile is that the whole of the outer Cape is migrating westward with new sand on the bay side.
Currents are also transporting sand from the highlands to the south to grow those beaches. Ergo to maintain features (parking lots) that are fixed to the ground need to move westward as well, which is problematical due to other fixed objects in their path and DOI policy as promulgated at the CCNSP.
In response to: Murdered Barnstable High School student said to have drug links
My comment about the reporting on the Cape was if you had thought about it, very similar to one of your perpetual rants about things being covered up, broomed if you will.
Tourism is the major economic force on Cape Cod, second is retirement related spending, i.e. homes, health care, etc.
The one thing the CofC don't want to see in the local media is anything that would tarnish 'paradise' in any way. As both tourism and retirement spending are very much discretionary by two classes of people who very much fear crime, families and the recently retired/elderly.
In response to: Murdered Barnstable High School student said to have drug links
My role in this ranting discussion fueled by you, solely was to fill in the blank you had about the name of a below B movie about cocaine.
I have not disputed that the evils of drugs are as pervasive here as they are in urban areas. There are a number of reasons including socioeconomic ones, as to why that is. I forecast that it will only get worse in the near future, it is a war that is hard to fight as the enemy lurks in both the shadows in plan sight.
Since you have incorrectly me pegged at one step from the early bird dinner set, I will live up to your image of me and just shuffle off and perhaps cue up reel one of to ""Tell Your Children" a/k/a "Reefer Madness" (1936) before I nod off.
In response to: Murdered Barnstable High School student said to have drug links
What you ere trying to recall was "Cocaine Cowboys" (2006) which was narrowly focused on how Miami became the drug capital and the most dangerous city in the United States during the late 1970s and the early 1980s.
Some people however have refered to that cinmatic effort as as tabloid journalism. Its cheap thrills provide a measure of entertainment but its reportage is devoid of context and thoughtful commentary. Director Billy Corben is a native, but as one born in 1979 his view of the material is decidedly second-hand. Towards the latter stages, Cocaine Cowboys strains to present Miami as "the city that cocaine built" by hyperbolically describing late-70s Miami as a "sleepy hamlet". There is some truth to the argument but it is a self-serving and simplistic one. Moreover, the content as presented here is likely to perpetuate certain ethnic stereotypes about the Colombian community and Cuban "marielitos" [From IMDB] Not unlike some of the reporting on Cape Cod.
In response to: I'MMMM Baaack!!!
In response to: I'MMMM Baaack!!!
If a community fails to approve a contract the current contract prevails, however if a community provides less dollars than required for the current contract, a reduction in staff or hours will have to happen as you can not spend money you do not have.
Note municipal finance laws do not allow mangers to transfer dollars form expenses into salaries or vice versa without Town Meeting approval.
In response to: I'MMMM Baaack!!!
406 Mass. 508
I will add Note 8, from the above case for your review.
"[Note 8] Furthermore, permitting resort to the town meeting on a subject of mandatory collective bargaining would enable a party to the negotiations to circumvent the bargaining process altogether. If a party was unable to achieve the desired contribution rate through collective bargaining, it could simply put the issue before the town meeting and pack the meeting with voters who supported its position. Such a practice would render the bargaining process an empty formality. "We do not attribute to the Legislature an intention to pass a largely ineffective collective bargaining statute . . . ." School Comm. of Newton, supra at 566. See Weymouth School Comm., 9 M.L.C. 1091, 1095 (1982) (Noting that, if a benefit can be obtained through collective bargaining, it would "undermine the purposes of Chapter 150E" to permit an end run around that process)."
In response to: I'MMMM Baaack!!!
The power of Town Meeting however is solely limited to either funding the amounts required to fulfill the fiscal needs of the contract.
Town Meeting can not 'open' a contract, delete or add to a BU contract.
See JAMES A. ANDERSON & others vs. BOARD OF SELECTMEN OF WRENTHAM & another.
406 Mass. 508,
Resulting from an action in which Town Meeting set a higher heath insurance municipal contribution than the BOS agreed to pay. The court ruled that Town Meeting only has the authority to accept or decline a labor agreement by funding it or not funding it, as bargained.
Ergo they (Town Meeting) have no authority to amend a BU contract.
In response to: Licensing and water woes continue to plague Wellfleet's Bookstore Restaurant
In the world I live in that is called courage. My world is one that deals with facts, not innuendo or aspersion. That understands that there are many injustices but we can't fix them all at the same time.
"Some believe there is nothing one man or one woman can do against the enormous array of the world's ills -- against misery, against ignorance, or injustice and violence. Yet many of the world's great movements, of thought and action, have flowed from the work of a single person.…"
—Robert Kennedy
I see that cynicism abounds in your posts, I am sure the other concern you have is over the multitude of 'black helicopter' training flights that take place over the Cape.
You make a number of inflammatory charges, in your posts but unfortunately lack the moxie to back them up. The temerity of youth without the wisdom of maturity as to action.
Take a deep breath, stop looking for conspiracies in every shadow. Remember every journey starts with a single step forward.
In response to: Licensing and water woes continue to plague Wellfleet's Bookstore Restaurant
If you feel that there are other business that have flaunted or continue to fluent the regulations and requirements to operate a business in a safe manner, please do revel them. Rather than the typical "I'm a victim and I'm entitled' defenses to often heard today in this age of taking no personnel responsibilities for our actions against and with society.
When you protest with such vitriol it does make wonder what you do in fact know, as to your desire to shift blame.
Corrupt courts & by implication judges, rouge law enforcement yes those exist, but not all, just like not all restaurants operate in such a caviler manner.
In response to: Licensing and water woes continue to plague Wellfleet's Bookstore Restaurant
For that is what I see is the issue, politicizing of the issue I believe is the purview of the ownership of the Bookstore and their ability to deceive and evade proper operation and compliance to the same standards of all other similar business in Wellfleet and the Commonwealth. There exists clear and convincing proof they have not done so, for a number of years. Q.E.F.
In response to: Licensing and water woes continue to plague Wellfleet's Bookstore Restaurant
It will interesting to see if they will be allowed to continue operations on 26 December (the re-opening date on their sign), by the offices of the Board of Selectmen & Health, and further if the various permits and licenses required to operate a food establishment (to wit a restaurant with alcoholic beverage service) are granted by the BOS, BOH and occupancy is granted by the Building Inspector.
Since the BOS has had no problems in utilizing Town Counsel (tax dollars) to fight those things they don't want in town, i.e. zoning, lets see if they use or have used town counsel to keep them out of this significant potential liability issue.
In response to: Licensing and water woes continue to plague Wellfleet's Bookstore Restaurant
The Massachusetts Office of the Inspector General is a state watchdog agency. The Office has a broad mandate to prevent and detect fraud, waste, and abuse in government. The Office conducts operational and management reviews, analyzes legislation and regulations, provides technical assistance, and conducts civil and criminal investigations. The Office has established a confidential toll-free hotline number 800-322-1323 and invites calls to report suspected fraud, waste, and abuse in government.
One could say easily that there is some sort of abuse of government going on here. One might link Selectmen Donovan to lack of oversight from the Selectmen's office.
So far every one has been lucky in that no one has become ill, sick or hurt, by either patronizing or working in a facility that is unlicensed by the Town, but I do know if I was to bring a wrongful suit seeking damages, the Town of Wellfleet would be right up there on the defendant line along with the owners and operators of the restaurant.
In response to: Licensing and water woes continue to plague Wellfleet's Bookstore Restaurant
Some observations, the Town has a potential liability, as it has allowed a business to knowingly, notoriously and openly operate with out proper licensure and permits.
Why has the Town allowed a business to operate "at risk" without a business license for over a year?
Fund raisers have been held there for political candidates. Is there a connection?
As part of the renewal of the all alcoholic common victualars license the ABCC requires a 'safety' inspection conducted jointly by the Chief of the Fire Department and the Building Commissioner, to inspect life safety items, alarms, exits, fire extinguishers, fire suppression dry systems in the kitchen, and most importantly the occupancy limits and use of the premises. Has this inspection been undertaken and if so what were the results?
There seems to be more than enough reason for non-renewal of the liquor license by the Town until all violations, conditions and permits have been met and satisfied.
In response to: Sheriff looking for disaster relief volunteers
In response to: Cape Cod Charitable FunRaisers present "A Spectacle of Trees"
In response to: Cape Cod Charitable FunRaisers present "A Spectacle of Trees"
In response to: Final Cape Wind report due Friday; Alliance, CPN tempers flare; Cranberry Festival cancelled
This is the kind of thing that makes my teeth itch. Weissman did tell many, many people; including staff lawyers and two superiors that he was also working for the Alliance.
If this is in fact true, than perhaps the ethics commission should have cast a wider net, as to why his superiors didn't disqualify him from public participation in this matter, once he reviled he was on the payroll of the Alliance. The reviewers must be considered impartial the silver of judas in his pocket tainted any observations and comments he made.
As for your other observations, in realty at this point they are seeking permits to build, the type of turbines, the way in which they will be paid for, who they will sell the power to is somewhat not relevant at the moment. If they don't have the money they can't build, if they can't utilize obtain turbines they can't build. Since this project started the improvements in turbines and other equipment have made older items and equipment obsolete.
If that is all you have in opposition, than you make a poor case.
In response to: Final Cape Wind report due Friday; Alliance, CPN tempers flare; Cranberry Festival cancelled
The Ethics Commsion release on this matter is here
http://www.mass.gov/ethics/press_release.htm
Portions of the last two paragraphs of the release are:
"Weissman repeatedly participated as an MFC member in matters of interest to the Alliance while he had a significant private business relationship with the Alliance. By so participating, Weissman acted in a manner which would cause a reasonable person, knowing all the relevant circumstances, to conclude that the Alliance could improperly influence Weissman in the performance of his official duties…
"Although the conflict of interest law is generally less restrictive for special state employees, special state employees must be careful not to mix their private business with the business of the state agency in which they serve," said Commission Executive Director Karen L. Nober. "Such situations involve the potential for divided loyalties, which undermines the public’s confidence in government."
In response to: Final Cape Wind report due Friday; Alliance, CPN tempers flare; Cranberry Festival cancelled
Weissman, was targeted for a serious and egregious ethics law violation, plan and simple. What he is being punished for is breaking the law, not for statements be they true, tinged with truth or blatantly false. He never filed his disclosure forms and nor did he during at any time in his official duties did he publicly disclose his 'off the books' involvement with the Alliance. By written disclosure and oral admission prior to testifying.
The Alliance indicated that he received about $40,000 for non Cape Wind issues and $8,000 for Cape Wind matters, $1.00 is enough to be in conflict. I'm sure if his employment by the Alliance was vetted by their own legal counsel they would have nixed it.
In response to: 1930; Famed Ptown artist Hawthorne dies. 1941: County gets an art collection
In response to: Cape car dealers await Congress's bailout decision
Many of the stock holders who sought higher returns were in fact employees who besides wanting better than average returns on their stock also sought extraordinary compensation through their union agreements talk about burning the candle at both ends they also meted it in the middle.
In response to: Cape car dealers await Congress's bailout decision
“Live daringly, boldly, fearlessly. Taste the relish to be found in competition - in having put forth the best within you”
–Henry J. Kaiser
H. J. Kaiser gave us the ubiquitous Jeep among his products. The problem with the American automobile industry is when they became both complacent after the Korean War ended and allowed the UAW free reign in labor contracts. Whist the beaten economies of Japan and Germany were able to rebuild with our economic assistance and than build much more efficient plants here in the US free of burdensome tax structures and labor contracts. We reaped what we sowed and now we have a fallow harvest.
My idea is to give every American up to 1.5M of them a voucher for $16,667 to buy a new car, use registry databases to find current owners of American big three cars more than seven years old.
In response to: Hyannis Country Garden is on the wind
In response to: Hyannis Country Garden is on the wind
I apologize, I miss read your statement Mr. Mihos, thought you had said that they ('the turbines' have already paid for themselves. But what you did say was that you (I presume as the majority shareholder of C of CC LLC. the corporation paid for them and not yourself personally.)
In response to: Hyannis Country Garden is on the wind
Mr. Mihos, I'm glad to hear that they have paid for themselves already, but I doubt that it all has come from direct energy savings to date, but a part of that pay-off is in tax benefits that accrue to the corporation.
In response to: Hyannis Country Garden is on the wind
The answer is blowin' in the wind."
— Bib Dylan, "Blowin' in the Wind" (1963)
In response to: Police lieutenant files sexual discrimination charge
Clever to drop in a part of fact into a statement and not the whole, what was the subject of the meeting in which the female police officer allegedly raised her voice to the chief about? Let's not judge the result until we know the cause.
"The lady doth protest too much, methinks."
Hamlet Act 3, scene 2, 222–230
But in this case its the Towns Attorney Deborah Ecker, who seems to be on the defensive very quickly. BTW most law firms when asked to defend this type of case, almost always turn to a female litigator to 'carry the water'.
In response to: 1948: Beach plum growers association forms.
In response to: Christmas & Holiday Card Drive Announced
They didn't get to decide to go, —but they went with out question to serve.
In response to: 1620: A bygone culinary classic revisited
In response to: Murder victim's family fights for Melissa's Law; George's Pizza closed by state; Middleboro tribal fire department
Basically, the Globe will search out interesting stories, write and post a few graphs online and then link to the site where they found the content.
Kirk Davis, president and publisher of newspaper owner GateHouse Media New England, said he’s waiting to see how it plays out. “The way they’re talking about doing it is more like an uninvited guest, and we’ll treat them that way,” Davis said."
Umm, that sounds a lot like the CCT news delivery model, can blogs be far behind?
In response to: Chathamite draws the New Yorker; Cranberries, the neglected stepchild of the season; Build the rail now; Lobster prices tank
In response to: Kerry spokeswoman says he plans to stay in Senate
In response to: Join Manso in the slammer; courtesy of RMV
Since almost 2/3 of the voters said don't roll back taxes (Q1 outcome), we have given the green light to Solon's progeny to raise our taxes, and to add new fees along with amending Massachusetts General Laws to remove local caps on fees that local communities can charge for things like building permits, business permits and the like. I see a permitted rise in the motor vehicle exercise tax, with a portion of the new increase if not all it going to the registry to 'off-set expenses.'
In response to: The County Dredge Makes Its Way Around the Cape
In response to: Cape Air in Maine: Cape man named head of Mystic Seaport; Report on woman lost off Cape Cod
Diverse, top notch art depicting costal landscapes, maritime subjects be they ships or boats or the people of the sea.
A goodly number of Cape Cod artists, many with international reputations have works in the ASMA exhibition.
If your in Bath, Maine between now and the first year make time to visit the Maine Maritime Museum and take in the exhibition. Or better yet make a road trip, the MMM has a tremendous amount of quality and unique marine, clipper trade and ship building related exhibits.
Its about a three to three and half hour drive from mid-Cape.
http://web.mac.com/cwrice/ASMANE2008/Welcome.html
In response to: Wellfleet's legal budget is taking a beating, not so for neighboring town
The next thing to look at are labor related items union contracts for example which aren't always negotiationed every year so you may have bump in a year that contracts expire.
Another expense is defense of suits brought against the community, typical actions are aggrieved parties over zoning matters. Or defense for a liability suit, i.e., personal injury action or an action brought forward involving civil rights, often these are defended by the town's insurance carrier for liability, so they don't show up as a legal expense, but do effect the cost of insurance in the future.
The amounts spent is important, but what its spent on is more important.
In response to: 1859: Thoreau sets out for Cape Cod
Little know fact is that joining him was his friend the transcendentalist poet [William] Ellery Channing on their adventure.
"Nature"
"I love the universe--I love the joy
Of every living thing. Be mind the sure
Felicity, which ever shall endure;
While passion whirls the madmen, as they toy,
To hate, I would my simple being warm
In the calm pouring sun; and in that pure
And motionless silence, ever would employ
My best true powers, without a thought's annoy.
See and be glad! O high imperial race,
Dwarfing the common attitude of strength,
Learn that ye stand on an unshaken base;
Your powers will carry you to any length.
Up! earnestly feel the gentle sunset beams;
Be glad in woods, o'er sands; by marsh, or streams.
—[William] Ellery Channing
In response to: 1859: Thoreau sets out for Cape Cod
by Henry David Thoreau
My life is like a stroll upon the beach,
As near the ocean’s edge as I can go;
My tardy steps its waves sometimes o’erreach,
Sometimes I stay to let them overflow.
My sole employment is, and scrupulous care,
To place my gains beyond the reach of tides, —
Each smoother pebble, and each shell more rare,
Which Ocean kindly to my hand confides.
I have but few companions on the shore:
They scorn the strand who sail upon the sea;
Yet oft I think the ocean they’ve sailed o’er
Is deeper known upon the strand to me.
The middle sea contains no crimson dulse,
Its deeper waves cast up no pearls to view;
Along the shore my hand is on its pulse,
And I converse with many a shipwrecked crew.
In response to: 1808: Chatham Light is lit
f you would like to know more about Chatham Light, go to http://www.lighthouse.cc/chatham/
A plethora of information on Chatham and other New England lights
In response to: Wellfleet's progress on the Waterfront
I have seen in the past, similar proposals all get passed with the end result that you have conflicting bylaws and both are then rendered as illegal by the AG's Municipal Law Unit, which must approve all bylaws adopted by a community.
Hopefully they will be well discussed and fully vetted at the Planning Board's Public Hearings, so that at Town Meeting, conscious will prevail, if an amendment needs some tweaking on the floor that can be done.
It will however be up to the Moderator to rule on admissibility of any amendments to be sure they are within the scope of the article as printed on the Warrant.
In response to: Manso arraigned on 12 firearms related charges
In response to: Ted Steven's newest Earmarks; Lifeguard carry vinegar for Jellyfish stings
In response to: Ted Steven's newest Earmarks; Lifeguard carry vinegar for Jellyfish stings
In response to: Joakim recall election set for Oct. 30
As for some of the questions you raised I'm without comment about those, as I don't know about your account here, or emails she might or might not have authored.
Take a look at her profile for more.
In response to: Joakim recall election set for Oct. 30
In response to: Depositions planned in blogging case
In response to: Ten reasons I like Sarah Palin
In response to: Hanna's In The Hizzy!
But than there is more uncertainly with weather than there is with the opposite sex.
"Whatever may be the progress of the sciences, never will observers who are trustworthy and careful of their reputations venture to foretell the state of the weather."
[The Times, 18 June 1864, quoted in Gribbin & Gribbin, "Fitzroy", 2003, p
279]
In response to: Week One NFL Picks
In response to: Hanna's In The Hizzy!
"Barracuda"
So this aint the end -
I saw you again today
I had to turn my heart away
Smiled like the sun -
Kisses for real
And tales - it never fails!
You lying so low in the weeds
I bet you gonna ambush me
Youd have me down down down down on my knees
Now wouldnt you, barracuda?
Back over time we were all
Trying for free
You met the porpoise and me
No right no wrong, selling a song-
A name, whisper game.
If the real thing dont do the trick
You better make up something quick
You gonna burn burn burn burn it to the wick
Ooooooh, barracuda? …
In response to: SouthCoast Media Group added to Cape Cod Media Group
In response to: Fall on Cape Cod means it's festival time!
November 22, 2008, Noon to 4 p.m.
Orleans-Eastham Elks
The Eastham Turnip Festival is a down-home shindig to celebrate the famous Eastham Turnip.
Town folks gather for the Turnip Cook-Off; Turnip Bowling; Turnip Shucking Contest; and the annual Crowning of the Turnip Queen. There is lots of great music from the Turnip Festival house band “The Ramaynes”. Attendees enjoy creative theme art, imaginative recipes, and good neighborly fun.
Sponsored by the Friends of the Eastham Library (508) 240-5950
In response to: 1993: Cape Cod's Little Secret
The only fact that is current is the start of Windmill Weekend this coming weekend.
In response to: Coast Guard pulls three teenagers from water
In response to: Poor Planning at its BE$T
In Mass, most public building projects allow the architect to be the project manager and they get paid based on total project cost as a percentage of total cost, there is no incentive at all to control costs, they 'con' the building committee/oversight over the fact their names will be on the plaque, so it should be nice.
In response to: 100-year-old willow tree hit by lightning
In response to: Women's Soccer: An iffy penalty kick costs Falmouth the finals
This win gives the US three Olympic Gold Medals in this sport, two in a row. Helps offset the US Softball's teams' stunning loss to Japan earlier in the Gold Medal Game.
This win will give a good bump to the resuming of the Women's Professional Soccer (WPS) League next spring (April - August) and our own Boston Breakers playing at Harvard.
In response to: Wellfleet Selectman files disclosure form
Thank you Mr. Robbins for clearing that up, the stamp shown is a standard Municipal 'Received' stamp that usually has the date and sometimes the time in the center. Often it is a two colour stamp with Red outer letters and blue inner (date/time) letters. Blue does not copy or scan well. I occasionally will ask the Town Clerk or Assistant to hand write in black ink the date/time next to the stamp on the document, and initial that entry to preserve the date information.
In response to: Wellfleet Selectman files disclosure form
Since posts are limited to 1,100 characters, and if a reply exceeds that amount, can it not be continued on a subsequent entry, as long as it remains on point with the prior posting?
Thank you.
In response to: Wellfleet Selectman files disclosure form
"…This is designed to make sure that people who are tearing down and rebuilding houses, not to live in, but because they are multimillion dollar business opportunities, can't take the Seashore and other areas of this town and turn them into a very different kind of place," said Selectman Dale Donovan, who has spearheaded the zoning effort."
The one thing that sticks out in viewing the copy of the MGL 268A disclosure form is the lack of the time and date stamp by the Town Clerk. MGL requires that these types of documents be time and date stamped by the Town Clerk in the case of elected officials, to prevent 'back dating.'
I have no reason not believe it wasn't filed on Monday the 14th, as reported, just pointing out objectively how to avoid problems.
In response to: Have badge will travel; Accused priest skips town (and country); Catboat builder dies
—"Treasure of the Sierra Madre" (1948)
In response to: Lightning strikes spark fire; Heroin bust in Falmouth; Harwich water rescue; Woman unhurt as car goes into Eastham marsh; Computer monitors taken in school break
A horse racetrack once circled the Salt Pond and sulky racing took place for just more than three years until 1887 when fifty men with shovels trenched a channel into the harbor from Nantucket Sound where it exists today. The new harbor provided a safe anchorage for catboats and later fishing vessels and yachts.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
That number of seats are the only ones allowed on the premises, if there is seating in other areas that exceeds that number those areas need to be closed.
So if 20 people are on the deck, than that number of seats inside can not be used.
Not counting the outside patio (with 12 seats) there are about 116 seats on the first level and Bomb Shelter, deck ~23 seats, bar ~22 seats, dinning area ~45 seats, those are 35 GPD seats, the Bomb Shelter ~26 seats (plus 14 person bench not counted) are 20 GPD seats. So any combination of the above could be in use at one time provided they don't total represent 3,325 GPD.
Not counting the Bomb Shelter you have ~102 seats at full occupancy would use 3,570 GPD which is in excess of the permitted and agreed upon Title V flow daily rate.
The use of Town water has no bearing on the number of seats.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
http://www.wickedlocal.com/wellfleet/news/x1570389175/Restaurant-s-trial-water-hook-up-going-well
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
In one case we presented this information to DEP for a waiver from the 35GPD rate to a lower yearly daily average number based on certified waste water meter readings, and we were told to come back after you have two plus years of data, and file a petition for relief. The WBOH hands are tied here, as well as the hands of the design engineer, Title V is the determinate standard, court cases have reaffirmed that as well.
The amount of fresh water being used is not relevant at all in this matter. It is great that they were able to tie in to new water supply as that helps them in other ways.
But the fresh water usage, or lack of it does not change the seating limits at all.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
What we have folks are apples and oranges. Her article reports on number of gallons per day of town water being allowed; up to 3,335 GPD. It appears that they are doing a great job in water conservation, using well below their daily limit.
The biggest use of water in a restaurant is cleaning & washing of pots, pans, dishes, glasses & silverware. The next is use by sanitary facilities (rest rooms), the third is cooking.
The BOH seating capacity limit comes from the current design of their septic system which using the standards in Title V, a restaurant, eat in is 35GPD per seat. It now appears that they have made an argument that the 'Bomb Shelter' seats (40) should be counted as Lounge, Tavern seats at 20 GPD. Which they feel would be allowed as no food is service is allowed there perhaps?
The CC article states that they now have 106 seats, so one possible seating arrangement would be 80 seats: dinning areas (80 x 35) =2,600 GPD & 26 seats: B. S. (26 x 20) -520 GPD total 3,320 GPD
Like it or not Title V is in control here not water
In response to: Selectmen's Meeting to Amend By-Laws in Seashore
Will some one pay us if we have to move holes on our private Chequessett Yacht & Country Club golf course? What will happen to my private water well? I might loose some of my property to changes in the river bank, will I be paid for that?
But we want everything to remain the way it was as along as it doesn't effect me. Take a look at the 65-acres salt marsh restoration project done in Dennis recently, a wonderful example of undoing man's tampering.
In response to: A Tribute To Queen....Musicality Medley 2008
One her quotes I endeavor to live by:
“The only time to eat diet food is while you're waiting for the steak to cook”
Julia Child
I checked a few of her cook books, I couldn't find a single recipe that had badger as an ingredient.
Badger are at their best from October - November, being fat & succulent by then.
The flesh can be treated as young pig meat, it being just as rich and having the flavor of a young pig. It can be cured by salting, the hams being exceptionally good fare. Badger pies are even better than pork pies, hot or cold.
Badger Ham, To Bake: A badger ham will weigh 7 to 8 pounds and needs cooking very carefully. Soak the ham for at least 6 hours in cold water. Wash it after soaking in lukewarm water. Cover it with a rough paste made with 3 pounds of flour and 3 pounds of water; make sure to wrap it well. Bake in a moderate oven, PH 350 F for 21/2 to 3 hours. Remove the paste and cover with bread raspings whilst still hot, if to be served cold. If to be served hot, with hot cider sauce
In response to: A Tribute To Queen....Musicality Medley 2008
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
“So let us begin anew - remembering on both sides that civility is not a sign of weakness, and sincerity is always subject to proof”
—John Fitzgerald Kennedy
Inaugural Address, Friday, January 20, 1961
(The above should please the editor)
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
I posted a response to your question in the topic thread in which it refers to. Proposed Zoning Articles and US Government vs. Town of Wellfleet. Look in either one for my information.
In response to: Selectmen's Meeting to Amend By-Laws in Seashore
wise [Member] writes:
CW Rice: have you been able to find out if the taxpayers are paying anything for the lawsuit brought by the government re the Blasch situation? Is it just against the BOS? This long-winded conversation about the Bookstore is getting boring..and its not nearly as important as the fact that we as taxpayers might have to pay more money because Dale Donovan and his friends wont let the decision by the ZBA stand!
From what I have the seen so far the cost to the Wellfleet taxpayer as it relates to this appeal by the DOI has been minimal. The current cost is being shouldered by the US taxpayer through tax dollars.
Additional costs to the local taxpayer as a result of the whole matter, i.e. building in the seashore district and the drafting and construction of zoning bylaws for adoption in the Fall will be adding up.
In response to: United States of America vs Town of Wellfeet Zoning Board of Appeals
wise [Member] writes:
CW Rice: have you been able to find out if the taxpayers are paying anything for the lawsuit brought by the government re the Blasch situation? Is it just against the BOS? This long-winded conversation about the Bookstore is getting boring..and its not nearly as important as the fact that we as taxpayers might have to pay more money because Dale Donovan and his friends wont let the decision by the ZBA stand!
From what I have the seen so far the cost to the Wellfleet taxpayer as it relates to this appeal by the DOI has been minimal. The current cost is being shouldered by the US taxpayer through tax dollars.
Additional costs to the local taxpayer as a result of the whole matter, i.e. building in the seashore district and the drafting and construction of zoning bylaws for adoption in the Fall will be adding up.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
In my haste I also left out a letter it should have NPDES not NPDS.
The EPA's Clean Water Act; National Pollutant Discharge Elimination System (NPDES) program seeks to eliminate direct discharges into bodies of waters and their watercourses of waterborne pollutants. Communities are required to get permits for their Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (“Small MS4 Permit” or “Permit”) and requires the submission of annual reports along with some other jumping through regulatory hoops and the adoption of local bylaws to protect water quality.
The EPA determines the communities that need permitting based on the extant of urbanization, the closest community to Wellfleet is a portion of Eastham.
If you need more information go to: http://www.epa.gov/NE/npdes/stormwater/ms4-annual-rpt.html
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
The increased rainfall on permeable surface through absorption is most likely raising the water table as well, coupled with an increase in sea level, a five foot separation between a SAS and ground water may not be practicable for a Cape Community in the long term.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
I believe presently the Provincetown Center for Coastal Studies (PCCS) has at least five monitoring stations in Wellfleet Harbour or the waters that empty thereto and upwards of 8 in the Bay itself.
How many road way storm drains and culverts discharge directly into waterways in the Town? Some of the roadway drainage comes directly from driveways and private parking lots that discharge directly onto the roadway.
Wellfleet however is not a NPDS Phase II MS4 Town.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
Tortorella v. Board of Health of Bourne, 39 Mass. App. Ct. 277, 655 N.E.2d 633 (1995). Court stated that it was a "paramount obligation [of the Board of Health] to protect the environment." This demonstrates that Title 5 is considered part of the state's environmental code as well as its public health law.
Commonwealth v. Town of Essex (Suffolk Sup.Ct. No. 96-2209). Town of Essex entered into an agreement with the Mass. Attorney General's Office which required the town to, henceforward, adopt and enforce municipal inspection and maintenance plans.
In the first the courts made a finding that compliance with Title V protects the environment and in the second it found that a Town must enforce Title V to standards of it vigorously.
In other words the Town can not look the other way, with regard to Title V obligations.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
Crusader observed: "Shelli is fighting for her town and an owner who has a right to remain. It should be a joint effort: Town will make modifications, septic company will provide a discount rate, and restaurant gets to stay. SIMPLE."
No one is denying the proprietors and owners their rights to remain nor the Town's.
What it is, is compliance with the rule of law. In Mass we have regulation entitled "Title 5: 310 CMR 15: State Environmental Code, Title 5" (aka Title V) this regulation takes it authority from Mass Gen. Law C. 21A §§ 13 - 13A, C. 111 §§ 31E & 127B1/2. Plus any local regulation(s) the BOH has adopted. Compliance is mandatory it protects groundwater & surface supplies from contamination.
Design firms, professional engineers and septic system installers are business that are both competition and profit driven, same as the restaurant business. If they wish to give away their services they can, but why would they? Same as a restaurant charging less than cost.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
If you want more seats you put in a bigger system. It should be noted that although the non-patron use of the restrooms has been mentioned by both parties it appears that the BOH nor the engineer has not taken that usage into account in the submitted plans.
The proposed system being designed is solely based on Title V requirements for a fixed design flow of 3,380 GPD that Applicant has presented for 95 seats and the retail space.
These are fact devoid of opinion.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
Title V is what controls not the water meter.
From the BOH minutes:
At a meeting in 1989 on 11 Dec. the BOH set a seating limit based on design flow of the septic system at 95 seats period.
Fast forward to 2007, 8 Aug. and the BOH determined that the septic system failed based on the standards in Title V & local standards not someone's opinion. Once again the BOH determined a seating capacity of 95 seats.
In March and April the problem starts being addressed, but is not fixed as of today.
Seating above 95 is in use from time to time over the season. Clear violations are present on 7 Aug. and observed.
Why it took twenty years to get this point and the lack of enforcement and continued annual licensing and who are at fault are questions to be asked.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
“…the policy of the good neighbor - the neighbor who resolutely respects himself and, because he does so, respects the rights of others - the neighbor who respects his obligations and respect”
—Franklin D. Roosevelt
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
That seems to one 'fact' not being offered by those (calmshelli) in the know?
If not why not?
Not knowing the date of the photo in this story, its hard to tell.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
Regardless of your actual water flow. There is a very complex and costly procedure to appeal to DEP for a lower design number, that involves certified water meter readings over a period of greater than year along with other documentation.
Until that process is done and a DEP approved waiver is granted, the daily water flow what ever it is out of the picture, the currently approved design flow is what takes precedence. 95 seats.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
I believe it is indefensible that at times over the summer well over 95 seats have been in use, which would seem to be in defiance of the BOH's order. If that is not the case provide the facts that dispute it.
Remember even if a 96th seat is in use it is a violation, a non compliance matter.
A better use of your efforts might be applied to solutions not denial.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
The Water Commissions determined that there were 233 seats in all locations = 8,155 GPD design flows.
The BOH has determined that the present sanitary system is only for 3,325 GPD (or 95 seats).
The letter indicates that at the time of the second visit on the 7th that ~183 seats were in use (6,405 GPD flow).
It boggles the mind to understand why there was not a sign in a prominent location advising all that the lawful capacity at any time is 95 seats (95 persons) plus approbate staff to serve that limit. As part of the BOH orders, that limited seating to 95 seats.
In response to: Bookstore Ordered to Reduce Seating to 95 Seats
However if the BOH determines that continued occupation of a building by individuals constitutes a nuisance —an immediate and dangerous public health situation, the BOS has the power to condemn the building until the public safety/heath situation is fixed. (NUISANCES: Chapter 111: Section 127B. Dwellings unfit for human habitation; order to vacate or to abate nuisance; …)
Since this property is under a DEP order as well, DEP has similar powers as well to close the building until the health risk is abated.
I would suspect that continued operation with a capacity greater than 95 seats at any time would present an alleged public nuisance. It provide grounds for the local BOH and or DEP to act.
Title V (310 CMR 15.000) § 15.203 sets a flow of 35 GPD/seat (95 seats) =3,325 GPD flow rate, I hope that the grease trap is also sized at least for 1,425 GPD flows as well (15 GPD/seat (95)) §15.230
In response to: Selectmen's Meeting to Amend By-Laws in Seashore
The Wellfleet Board of Selectmen will hold a public meeting on Tuesday August 19, 2008 at 7 p.m. at the Senior Center, Long Pond Room, 715 Old King's Highway, Wellfleet, MA 02667
I. Zoning Bylaw Revision Discussion
II. Executive Session
This may be the meeting that you were told would be next Thursday.
In response to: Selectmen's Meeting to Amend By-Laws in Seashore
What we do know is there was a meeting last night; Board of Selectmen, during which the proposed zoning amendments were discussed in anticipation of them being placed on a STM Warrant for 27 Oct.
Let's not shoot the messenger, but read the message. I would think that a clarification a 'mea culpa' might be forthcoming from Mr. Robbins.
The real story, is the meat of the proposed zoning amendments and the possible effect(s) of them on all the parcels in the district.
In response to: Selectmen's Meeting to Amend By-Laws in Seashore
Portion of BOS Agenda 12 Aug. 08
"G. Proposed topics for Fall Special Town Meeting
Proposed Seashore zoning by-law amendment.
Proposed non-commercial signs by-law amendment.
Increasing Tax Collector’s fee for real property searches.
Potential budget transfers.
Possible modification of specifications for commercial wind turbines.
Possible borrowing for firing range cleanup.
Authorizing selling of land parcels.
Possible adoption of first year union contracts.
Possible borrowing for 335 Main Street demolition project."
If in fact this is the start of the process to amend the ZBL, the Planning Board within 65-days of receiving the text of the changes from the BOS, will set a public hearing for public comment. All should be afforded the opportunity to comment either verbally or in written testimony. Contact the Plng. Bd. for more detail.
In response to: Selectmen's Meeting to Amend By-Laws in Seashore
If a Special Town Mtg. was held last night 12 Aug. than as "wavemaker' mentions, when were these articles heard in the required public hearing? No mention in Selectmen's minutes taking a vote to refer to the PB for a public hearing. Interesting to see no mention of this Special Town Meeting? (other than a Fall/October STM) anywhere on the Town's web site and you have to look for that one.
MGL C. 40A, §5 sets forth very strict requirements for adoption of zoning bylaws or procedural defects may exist. Sounds like any number of them may occurred already.
In response to: Selectmen's Meeting to Amend By-Laws in Seashore
What happens once the articles are advertised, and not fully acted upon is a bit more tricky. A person can seek approvals under the existing bylaw and gain approval under them, but if the new amendments are fully approved, by Town Mtg. and AG's MLU, than any work that was in noncompliance becomes null and void and subject to removal at the permit holders expense. A few years ago the City of Boston compelled a home owner to tear down and remove a multi story building as it was built while zoning was pending.
A good question to be asked to the Planning Board is how many existing homes in the overlay district will now become nonconforming as of the date the bylaw changes were public noticed. (Tamerlane RT v. ZBA Provincetown (23 Mass. App. Ct. 450, 454 (1987))
MGL C 40A, §5, the effective date of a zoning bylaw is the date upon which it was voted on and approved by Town Meeting
In response to: Selectmen's Meeting to Amend By-Laws in Seashore
I trust that the Town's legal counsel has discussed the amendments at least informally with ADA Gunagan in the Attorney General's Municipal Law Unit. As written and being proposed property owners' attorneys are going to have a field day, presuming it even receives approval of the AG's MLU.
The Town is a very slippery slope with some of this language I guess this will make almost every SFR a pre-existing non-conforming use. And cost the average homeowner big dollars for permits.
In response to: Women's Soccer: An iffy penalty kick costs Falmouth the finals
The EMWSL's Div. 1 min age is 17, Div. 2 and Div. 3 is 19 (with no more than 3, 17-18 players on a D2 or D3 team. Age is prior to first game played.
As for male players not needed as their are plenty of opportunities for men to play. Co-ed league is an option but I would not advise it at all. It will take the fun and competitiveness out of the game. Its OK for recreation level.
In response to: Women's Soccer: An iffy penalty kick costs Falmouth the finals
It may not seem like it, but I do indeed wish Ms. Pearsall well in all her endeavors be they academic, on the pitch or just in life.
In the immortal Belchikin words, “These players, a lot of other people didn't believe in them, but they believe in themselves. And that is all that matters.”
In response to: Women's Soccer: An iffy penalty kick costs Falmouth the finals
“This site is 100% opinions.” I find that statement to be not at all accurate, some of the writings of Robbins, Brooks (father and daughter) and others I have found to be fact based and reported on as fact. It is true those postings and all the others we do indeed have the ability to add ‘our two cents worth’ of opinionated insightful commentary or I guess in my case, my ha’penney or less.
Yes, this is America and we have the First Amendment that allows us to express our opinions freely and openly. And I have fought for the continuation of that freedom both as a civilian and a member of the military.
In response to: Women's Soccer: An iffy penalty kick costs Falmouth the finals
This should not be about me, but the subject matter. But to fill in the blanks and to respond, “cw rice” happens to be my real name first and last, no ‘screen name’ for me. I’m not associated with the media, but over the years have had my dealings with them and continue to do so. Yes, I’m old enough to say that when I was her age I was happy with my Remington, a box of Eaton's Corrasable Bond typing paper, and a bottle of Bette Nesmith Graham’s Mistake Out (Liquid Paper), am I jealous of the tools young people have today, Yes.
I’m not quite the “white haired dude” Paris Hilton refers to in her tongue in-cheek video.
At times I see these tools used in ways that can be hurtful to others. And at her age I was making my mark on the world and wished in some cases I had a mentor.
I come from an time when we took more responsibility for our actions be they good or bad, rather than the ‘I’m a victim, or it was someone else’s fault’ defense.
In response to: Women's Soccer: An iffy penalty kick costs Falmouth the finals
I afraid that by lumping your philosophy of content in with the others here, you're coloring those bloggers that are in fact reporting with a great deal of accuracy and care with your philosophy of content which is highly opinionated and not always accurate and unbiased. Perhaps in the future you should do what many bloggers do which is to have a disclaimer concerning your content.
If in fact your goal (no pun intended) was to attract readers than you did, for a while, but most likely you will not continue to hold them.
In response to: Town Hall Meeting with Governor Deval Patrick
John Adams
Print this quote of J. Q. Adams out on a small card and hand it to bouncers as they escort you out.
In response to: Women's Soccer: An iffy penalty kick costs Falmouth the finals
In response to: Town Hall Meeting with Governor Deval Patrick
Ask him why the state has mandated that local housing authorities that now pay funds to the municipality in lieu of taxes for town services, now have been told to end those payments or to reduce them substantially. Who pays? The taxpayer! (The rents can't be increased because they're income based.)
What we are talking about are the loss of dollars from the state that help to offset and reduce local taxes.
This is bring property tax relief to the taxpayers? I think not.
Ask him about his vetoes of dollars that would have been spent here on the Cape to help fund visitors' centers for tourism and the Cape Cod Cultural Center and the Cape Cod Maritime Museum located in Hyannis. A quarter of million taken from Cape Cod Community Collage as well. This is a commitment to higher education? Hopefully your elected leaders will ask for you and not fawn over him!
In response to: Women's Soccer: An iffy penalty kick costs Falmouth the finals
In response to: Women's Soccer: An iffy penalty kick costs Falmouth the finals
Having no axe to grind, I would note the sharp elbow being thrust into the ribs of the opponent by the Falmouth player in the picture. Not exactly fair play.
This is not reporting of a match but an opinion of a match. Law 12, indicates that a player that shows dissent by word or action is able to be cautioned.
"… with bad calls that ended up costing Falmouth the title." Objectively, what cost Falmouth the match was its inability to put the ball in your opponents' goal more than they did into yours. And the failure to clear the ball from your end properly.
The winning goal was not the FK from the penalty spot, but the late goal scored from the field as a result of a poor clear.
One of the major problems we have in attracting officials to soccer and other sports are the attacks on the officials by players. coaches and others in the media.
In response to: A new Wine Club for Cape Cod
In response to: Is arrogance spelled WCOD?
For your viewing pleasure, whilst in humorous delirium —a 'giddy' picture of Stacey, aka 'Monponsett' can be found on her blog page entitled "East of Boston" here on Cape Cod Today.
In response to: Is arrogance spelled WCOD?
The second one, was watching a person slide into one of those spots the other day and as they 'limped' with great theatrics away from their car, into a store. Once in side I later saw them very sportfully walking up and down the aisles, the 'healing touch' most have found them as the electric door parted for them! I approached them and commented " I see your feeling better." they looked at me puzzled, so I added, "I saw you limp out of your car into the store." "Oh that. Hey, well I'm in a hurry." I responded, "That's fine I'm sure the police will be glad to help you, for I'm going to be calling them in about one minute unless you move your car… now." Like a sprinter they left their cart and ran out and moved their car to a new proper spot and returned.
In response to: United States of America vs Town of Wellfeet Zoning Board of Appeals
In response to: United States of America vs Town of Wellfeet Zoning Board of Appeals
“All The Woulda-Coulda-Shouldas
Layin' In The Sun,
Talkin' 'Bout The Things
They Woulda-Coulda-Shoulda Done...
But All Those Woulda-Coulda-Shouldas
All Ran Away And Hid
From One Little Did.”
In response to: United States of America vs Town of Wellfeet Zoning Board of Appeals
Now wouldn't that be grand!
In response to: United States of America vs Town of Wellfeet Zoning Board of Appeals
In response to: United States of America vs Town of Wellfeet Zoning Board of Appeals
In response to: United States of America vs Town of Wellfeet Zoning Board of Appeals
One could debate or question, if the intent of the regulators in forming that regulation was to allow for any Section 501 C (3) entity (non-profit org.) or to limit them in some way (that old separation issue, i.e. is the Town promoting a religion by allowing them to have a bin?) the language is broad and non-restricting. I can say that in other communities that do this, it is mostly school related activities that have bottle & can collection bins, i.e. band, sports boosters etc. and town libraries. I have not seen any that benefited a religious org. on town property. I have see many of these types of collection places (bins) on church property, after or before a service you drop off your discards of daily life.
Perhaps some of the Wellfleet social programs or school programs being operating with reduced funds should set up their own collection bins?
In response to: United States of America vs Town of Wellfeet Zoning Board of Appeals
In response to: United States of America vs Town of Wellfeet Zoning Board of Appeals
In response to: Wellfleet's legal budget about to skyrocket
In response to: Wellfleet's legal budget about to skyrocket
I will say that this is a strategic move on the CCNSP's part as Land Court is in summer recess, and the time required to file motions and to do discovery and so forth will slow the process down. The Trust is able to proceed at their own risk with construction and so forth, unless the motion for a stay is granted which is rare in these cases as there is no immediate harm to the citizens if they go ahead. We're not talking about the construction of nuclear waste dump here folks, just a residential structure.
Again I have not seen the actual complaint so it is hard for me to be more specific other than to cite generalities based on my understanding of the matter, prior cases and similar actions.
In response to: Wellfleet's legal budget about to skyrocket
However in municipal governance in Mass, the Selectmen are charged with the responsibility to provide legal representation for the Town and they have the sole authority to determine if and when a suit is settled. The Town's legal costs in a 'normal' situation is that the Town will have to spend a few dollars in making a response to the court and Plaintiff (CCNSP) that basically says, we're letting the 'Applicant' handle this appeal please keep us informed.
In this particular case the role of the Selectmen should be watched very closely, as they were involved a lot closer than an arms length in the Appeal. The majority of the costs being occurred for now are on the backs of the U.S. taxpayer.
In response to: Wellfleet's legal budget about to skyrocket
In response to: Blaschs win in Wellfleet
In response to: Kennedy vs. Kennedy over mental health bill
Seriously, what the father knows is that with the strong insurance lobby etc. on the hill, there is only so far you can you 'load up a bill' before you get push back from your fellow members of congress.
Ted knows from his years of experience, what that limit is the youth has no idea at all and is most likely being advised by others that also have no idea that if he 'loads' up his bill it will die and ergo no bill will be passed.
In response to: Alliance linked to Fossil Fools
Oxbow Managment: Bill Koch excels as an international businessman, chemical engineer, art collector, world-class sailor and devoted father. As the founder of The Oxbow Group, a diversified holding company, Koch has
created a business which Forbes Magazine consistently recognizes as one of the top 500 privately held companies in America.
In his role as founder, owner and president of the Oxbow Group, Koch has helped finance, build, manage and operate clean-energy power plants throughout the United States, the Philippines and Costa Rica. Oxbow Carbon and Minerals, a trading company Koch founded almost two decades ago, now has offices across the globe, operating in Canada, Brazil, Mexico, St. Croix, China, Egypt, Belgium, the Netherlands, the United Kingdom, Germany, and India.
So I guess what happened is that by error Bill Koch, had a check written by Oxbow that should have common from his own accounts, yah that's it.
In response to: Help name the Nimby Nabobs
C= Citizens, A= Against, V= Virtually, E= Everything
In response to: 11 Cape towns limit boat pollution; Whale watch boat afire in Bay
As she said at the event, I'm not sure why she had a speaking part, "Scientists have told us we can fix this, and stopping boaters from discharging waste is an important step."
So why hasn't she and her group gotten the NDA designation for Nantucket Sound? Perchance that would caused discomfort to her moneyed supporters? Or is it if its not on the horizon it doesn't exist?
In response to: In Search of the Queen - A Pictorial Essay
In response to: 1931: Liner pulled from Shovelful Shoal. 1935: Dennisport man tars over beach to prevent moonlight bathing
But than the Supremes' have recently reaffirmed a person's rights to protect their property so maybe he would get off.
In response to: "No Discharge" Designation for Cape Cod Bay
In response to: "No Discharge" Designation for Cape Cod Bay
The sad thing is that they could be 'out houses' with a direct drop to the sea and be legal in that zone. As efforts to declare Nantucket Sound a NDA zone have been stymied.
In response to: "No Discharge" Designation for Cape Cod Bay
In response to: Coast Guard airlifts ailing fisherman off Chatham; Chatham by air
Thanks for the missing information, I was trying to figure if it was this weekend or not. Best of Luck with the books. I also posted something about your books on Breakthrough, the web site about the April 07 breach. http://www.chathamnorthbeach.com/
In response to: Coast Guard airlifts ailing fisherman off Chatham; Chatham by air
In response to: Big jump in seal population; Cape's Guardians of a Graveyard
Just 20 years ago, seals were almost never spotted off Chatham. Today, our offshore beaches are often black with the animals. The stocks of flounder, herring and even stripped bass are suffering from the over abundance of seals.
A male gray seal can weigh 800 pounds, they've been found with as much as 15 pounds of fish in their stomachs.
Chatham fisherman say it's no coincidence that as the seals have increased, flounder have all but disappeared from Chatham Harbor. They have seen huge striped bass with their stomachs eaten out by seals.
As for those that use weir traps, a fixed gear that leads fish into a net, once full all summer are pretty much empty all summer. They used to routinely trap 2,000 pounds of fish per day. The seals are at least partly to blame.
Its only a matter of time before a child or an adult is bitten by one of them as they bask on the beach and a curious child goes up to them and tries to pet them.
In response to: Wellfleet Chamber gets involved in the Billboard House issue?
In response to: Call it Cape Cod-piece; Caroline brings Camelot to Barack; Ted sponsors CEO yacht race; Cape biology center funded
"About Ted Kennedy
Kennedy is often regarded as the world expert in CEOs that compete in endurance events, particularly Ironman. He started the first CEO Ironman Challenge in 2001, and launched CEO Challenge LLC in 2005. His background includes 20 years as a sales & marketing executive with Quaker Oats and Best Foods, and six years as VP of Sales & Marketing for Ironman North America. He was one of the original four people that started Ironman North America in 1999, and was successful in bringing companies such as Janus, Kellogg’s, HSBC and Ford into the sport."
In response to: The day Thoreau died
"The sea-shore is a sort of neutral ground,
a most advantageous point from which to contemplate this world.
It is even a trivial place. The waves forever rolling to the land
are too far-travelled and untamable to be familiar.
Creeping along the endless beach amid the sun-squall and the foam,
it occurs to us that we, too, are the product of sea-slime."
From the chapter "The Sea And The Desert" in "Cape Cod."
One wonders what writings and paths Thoreau might have produced or taken had he lived to a "ripe old age."
In response to: 1955: Defense Department to build an "island" off Cape
and yes our off shore fisherman would bump into them from time to time. This was the time when the government was also constructing the DEW line in Canada. TT4 off the coast of NJ was weakened by Hurricane Donna in Sept 1969 and the TT4 was lost in a winter nor'easter in Jan of 1961 with 14 lives lost. By 1964 TT2 and TT3 were removed from service and scraped. By than better RADAR and other technologies were in place to provide for early warning to the east coast.
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In response to: MassDOT announces creation of Cape Cod Canal Area Traffic Task Force
Simple solution have Massachusetts take back the road that cuts through the MMR, so that those using Route 6 and want to go west rather than north can get off at Exit 2 and cut though Otis to Route 28 North and the Borne.
I good part of the solution was lost when Massachusetts allowed for the abandonment of Cape wide rail service to/from Providence and Boston.
Henry David Thoreau could even take the railroad to Orleans, around 1865.