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Press Release: Plaintiffs Satisfied with Changes to Lease

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The Plaintiffs in the case against the Buzzards Bay Coalition, the Town of Wareham and David Warr, filed in Plymouth County Superior Court in October, have withdrawn the complaint.  After extensive discussions between the parties' counsels, the town retains their prior rights to the area including Onset Beach, the bluffs and Bay View Park.  A new document filed with the Plymouth County Registry of Deeds creates two new zones for establishing responsibilities and rights including a prohibition on construction of any additional structures. The leased area is now the existing bath house concrete pad, with the Coalition responsible for construction and upkeep of the new facility, landscaping and hardscaping. The suit encompassed larger issues, such as the granting of Community Preservation Act Funds and the process used at town meeting to lease out the properties, included in the Supreme Judicial Court decision of 1916. This decision expressly prohibits the sale or leas...

WAREHAM TAXPAYERS SUE TO PROTECT PARKLAND AND THEIR RIGHTS

FOR IMMEDIATE RELEASE ONSET, MA October 28, 2018 Contact: Philip Schreffler, Esq. Eno, Martin, Donahue LLP, Lowell, MA 978-452-8902 dmartin@enomartin.com general mailbox TAXPAYERS SUE TO PROTECT PARKLAND AND THEIR RIGHTS Taxpayers in the Town of Wareham have filed a lawsuit in Plymouth County Superior Court to protect parkland in Onset decreed forever open and accessible to the public in a 1916 court decision and to stop the demolition of the coastal bluffs. The taxpayers seek an injunction as the Buzzards Bay Corporation imminent demolition of the building and the coastal bluffs. The lawsuit is over the town’s 99-year lease with the Buzzards Bay Coalition. The suit was filed against the town, the Coalition and David Warr, a Wareham resident who claimed an inherited right to assent to the lease. The plaintiffs support the proposed Onset Bay Center, to be located at the site of the current bathhouse sitting on Onset Beach. For the past few years, th...

An Open Letter to Attorney General Healy Regarding Onset

 Dear Ms Healey,      It is quite clear that you have ignored all of the fine details of our complaints proving that what the Town of Wareham and the Buzzard's Bay Coalition did was illegal.  You appear to be concentrating on a bath house when the main complaint concerns the leasing of a portion of land dedicated to the public via the Massachusetts Supreme Court.      By allowing the Buzzard's Bay Coalition to lease any part of our dedicated land you are allowing the eventual takeover of our parks, bluffs and seashore. You are setting a precedent which will allow the private use of all of the dedicated land in the state.  The law clearly states that this cannot be done.  Dedicated land cannot be given way in bits and pieces. We do not pretend to be lawyers but the law regarding dedicated land is clearly spelled out in Dunphy vs the Commonwealth et al , which you are ignoring.  ...

Water Employees Settled Labor Contract

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Through FOIA the new Memorandum of Agreement was obtained. It was signed on March 30, 2018. So why, last week, did Chairman Pike say, "we have no comment" on whether or not there is an agreement? Past Chairman Klueber made an enormous deal insisting upon ratifying the firefighter contract within very few days, calling a Special Meeting Thanksgiving week to do this.  The water workers' contract isn't even on the warrant for the District Meeting May 21. Along these lines, during negotiations, Water Commission Kowzic stated that "during union negotiations, on February 14, 2018,  he would like only one employee present to negotiate." He made a motion "that only one member of the bargaining unit attend future meetings." This was seconded and approved 3-0-0. This is illegal, the employer cannot interfere with the union's conduct of its own business and cannot dictate unilaterally the composition of the union's negotiations team. Details o...

Update to He Said, He Said

An appeal was filed to the Secretary of State regarding disclosure of Hughes' compensation from the District. The Secretary of State compelled the District to disclose whether or not he receives health and dental insurance, and he does in fact . The benefit is worth as much as $25,000 per year. "Kowzic confirmed to Wareham Week that Hughes did live with him during that time. “Certainly, he did,” said Kowzic when asked. He added that Hughes was welcome in his home and had his own room. " Village Soup Article More than simply "address changes," collusion to take public funds.   Benjamin and Jamie Hughes purchased a house at 117 Pinehurst Drive in the Wareham Fire District in September 2016. On October 19, 2016, his residential and mailing address were changed with the Town Clerk to 117 Pinehurst Drive.  Nomination papers were filed on April 12, 2017, wherein he certified he is a “resident within the boundaries of the Onset Fire District” and that his...

What determines residency?

Residency Status By example, requirements used to determine residency.  Your domicile, or legal residence , is your true home or main residence. You may have multiple residences at one time, but only 1 domicile. You can't choose to make your home one place for general living purposes and in another for tax purposes. Your legal residence is usually where you maintain your most important family, social, economic, political, and religious ties, and it depends on all the facts and circumstances per case, including good faith.   The basic rules that apply when determining a domicile or change in domicile: Each person has a domicile. It may be a: Domicile of origin (where they were born) Domicile by operation of law, or Domicile of choice (done by changing residence) Each person keeps his or her own present domicile until he or she establishes a new domicile in another place. A new domicile may be acquired only by: Abandoning the current domicile Estab...

Is there Hope? Or is it Too Far Gone at Onset Fire and Water?

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At this point in time, the citizens of Onset should direct the Prudential Committee to explore joining with Wareham Fire and Water District. The dysfunction, mismanagement and exorbitant cost to taxpayers warrants this. Today, Lisa Morales received a No Trespassing Order from Ben Hughes and Charlie Klueber , falsely accusing her of "aggressive verbal and physical conduct and threats against members of the District's administrative staff during and/or immediately following the joint meeting of the District's public bodies on January 25, 2018." This is absolutely false. Hughes was not presen t, he had left the building, but he signed off on this lie. Since only two clerical staff were present, and Lisa did not speak to Mary McCarthy, this must refer to Melissa Goodell, the $27.50 an hour part-time clerk. Melissa Goodell called Lisa Morales an "asshole" while leaving the January 25, 2018, public meeting, and Lisa did not respond.  Water Commissioner Kowzic...