#1 2009-07-09 15:23:13

A quick call to a very friendly Mass Highway employee resulted in this information.

This issue is governed by MGL Chapter 85 Sec 2. Only vehicles above 2 1/2 tons can be banned from a public road without a permit from Mass Highway. Mass Highway has issued no such permit.

In addition, trucks who have a purpose for being on that road (ADM & Tucy) cannot be banned. Or, to put it differently, if there is a business located on that road then their trucks cannot be banned.

The state has the ability to withhold Chapter 90 funds for this violation.

If they try to enforce this and someone is ticketed they should appeal the ticket because it cannot be enforced.

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#2 2009-07-09 15:35:26

Cara,
Thank you for the clarification. This certainly presents a different view of the situation. Does this mean that the Selectmen have to apply for a permit in order to enforce the ban?

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#3 2009-07-09 17:19:51

Thank you for the info Cara.

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#4 2009-07-09 18:23:37

than you cara ,it shows that the selectmen dont know what they are doing,and i bet a call to the mass library board of commisioners would say that to be a certified library you have to have an mls on the staff. the wareham library does not have an mls and this mean marcia cant hold the job of intrem library director.

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#5 2009-07-09 18:31:17

I'm sorry but I can't for the life of me understand how closing the road is a solution of any kind. This is not problem solving--this is more problem making.  A simple road (and I understand the on-going problem) should not stymie a bunch of elected leaders who should be able to find a solution. This has been going on way too long.

Also, not only do Makepeace and Tucy have a business up the road--it is an agriculture business. The agriculture exemption laws are amongst the strongest laws in the state and country. Since many of us have connections to the cranberry industry, we are aware of these laws and also know that the industry is one of the largest employers in the town. This road problem should be resolved asap. You cannot interfere with agriculture production by closing the road--plain and simple.

Let's see our bos show some leadership instead of just saying---let them take us to court. That is not a solution; that is a waste of our hard earned tax dollars. And this is not the first time we have heard them say go ahead and sue. $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

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#6 2009-07-09 20:02:27

Closing the road stops Tucy from hauling sand, and it also ensures that the bogs owned by Tucy and AD Makepeace cannot have the harvest trucked out. Tucy also owns a campground and campers exit down MSR, wonder where they are going, maybe Lisa will help them out?
The BOS knows that the closing has very little impact on ADM as they are not (at least to my knowledge) hauling sand so until the harvest ADM has nothing to worry about except routine maintenance. Tucy on the other hand has to haul sand in order to complete his bog project and he also needs to let his campers out of the campground, so this basically puts a complete halt to his business. I am going to call him tomorrow and refer him to an attorney. The town does not have a right to put someone out of business. Tucy's family has owned that land for over 150 years, then Bindas comes along and writes a check to the Communist Town Committee and suddenly she is owning the Town!
Here is the solution to the problem, take ADM and Tucy up on their offer to help fix the road, repair the road, have all parties sit down to figure out whether the road needs to be re-engineered or whatever and how that can be accomplished. There is no need to go to this length. And, knowing it will result in litigation is simply irresponsible. It isn't leadership to take the easy way out, leadership is finding a solution. Once again we have seen that this group lacks any skills in leading, only litigating, that they are extremely good at.

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#7 2009-07-09 20:05:48

I agree with Molly. Makepeace's cranberry business has been in effect and worked long before any homes were built. I am sure that the original owners of the abutted property signed off on knowing of the cranberry operations.
If not...shame on you.
No...the BOS can not shut down the agriculture business that has been there for 100 years plus.
It is best that the citizens of Wareham form an independent group to speak with Makepeace. The family has dedicated itself to Onset and Wareham for over a hundred years.
I would think that Makepeace is insulted by the audacity of a bunch of "new comers", as the Makepeace family would probably say, to disrespect them and ignore what they warned of years earlier.
They predicted the road problems.
Get a group together and go see the Makepeace people. Sit down with them, and form a plan where everyone can be happy.
It won't happen unless you try.

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#8 2009-07-09 21:15:24

In addition to what's been said and while I think the BOS were targeting two specific entities, their actions probably wouldn't have accomplished their intent as the arguement of commercial vs. agriculture would have likely allowed the cranberry activity to continue without a "hitch".  What's most bothersome is that Cara and anyone else for that matter can get access to the law that governs these sorts of actions yet our leaders either refuse to take the time or refuse to adhere to the laws.  Either way its unacceptable.
They'll just keep running up the legal costs on our dime.  It has to stop.
We cannot afford their legal exposure at the cost of services we come to expect as citizens in Wareham.  Like I said before, April can't come soon enough.

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#9 2009-07-09 22:21:57

Rather than close the road to commercial traffic and invite a lawsuit against the town, all because, as the BOS is quoted in the Courier, they need to study and re-engineer and reconstruct the road...why not patch the worst parts and hold it together until it can be done?  The businesses have already offered to pay to repair the road but to no avail.

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#10 2009-07-10 06:28:38

Why wouldn't they call Mass highway to check, if they have the authory to close the road.. Oh thats right just do it and deal with the lawsuit later not their money... Hope they don't lose chapter 90 funds because of this!!!

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#11 2009-07-10 08:21:39

Again, this is a well orchestrated move by the Selectmen, the ITA, and Bindas. This is what has been planned from the beginning. HOWEVER, this does nothing to effect Tucy or ADM (read above). The sad part is that ADM and Tucy have both offerred to pay for fixing the road. In each case, they were refused by the Selectmen and the ITA. Just to recap, free money to fix the road? = no, pay to fix the road plus additional legal fees? = yes. Do you think they are out to be fiscally responsible? Stopping the agricultural traffic on the road? = NO. They accomplished nothing and spent more money! This is a pretty effective strategy don't you think?

I have it on good authority, and I believe what this person has to say 100%, that the ITA made the statement that ADM should give that land to the town because they have made enough money off Wareham. I nearly fell off my deck when I heard that! I'm sure the employees at ADM and the people who have benefitted from ADM money would love an explanation from the ITA.

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#12 2009-07-10 08:35:28

What does this bos have against Makepeace? I have never been able to figure out the animosity there. This company has done more for the town of Wareham than any single other business or family. Their Good Neighbor Fund is very generous. They have always been environmentally active, they offer to pay for road repairs, they are bringing much needed business to the overlay district. They have been very active in the downtown Wareham Village Association. They employ many people who live in town, pay employment taxes, property taxes, fees etc. What am I missing???

If I was a town official in a town with someone like Makepeace, I would be working WITH the company instead of against it all the time. Board members have publicly made frequent disparaging comments about ADM on more than one occasion.

ADM and the library are running neck and neck in the bos target/hatred race.

What's the deal?  And yes, I do know about the Bindas connection--but one woman hating Makepeace can't be the only reason the bos are so nasty.

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#13 2009-07-10 08:43:10

At the bos meeting two weeks ago, did you see brockton brenda - the witch, whose sister had a house fall on her, tell the guy from makepeace that they were there to talk sincerely about the new venture "and let's just pretend that the road problem isn't happening"  or something to that effect. 
They are so full of themselves.  I have noticed that in the last two weeks, sweet brucie has calmed down quite a bit.

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#14 2009-07-11 11:19:17

Maple Springs Man--what is the status of the road? Have signs been posted? Are commercial vehicles being kept from the road?? Many of us don't go up that way--and don't want to break an axle just checking the place out--so please keep us updated on this latest bos debacle. Thanks.

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#15 2009-07-11 12:05:01

I POSTED THAT CLOSING THE ROAD WOULD BE ILLEGAL. OBVIOUSLY THEY READ THE BOARDS AND SHOULD HAVE KNOWN BETTER. I POSTED THAT WHEN THEY LOWERED THE SPEED LIMIT TO 10MPH AND I STATED THAT WAS ILLEGAL. THIS IS NOT ABOUT REPAIRING THE ROAD. THEY OFFERED TO FIX THE ROAD AND THE TOWN SAID NO. WHY BECAUSE THAT IS NOT WHAT THE BINDA GIRLS WANT. THEY DONT WANT TO HAVE THE TRUCKS GO BY THEIR HOME. SORRY LADYS SHOULD HAVE DONE YOUR RESEARCH BEFORE THEY BOUGHT THE HOUSE. SO THEIR THE SPEED LIMIT WAS DEEMED ILLEGAL AND SO WILL THE ROAD CLOSURE SO THAT MEANS MAKEPEACE OR TUCY HAVE A GREAT COURT CASE AGAINST THE TOWN. THEY BOTH CAN SHOW DAMAGES AND WHAT THOSE DAMAGES COST THEIR RESPECTIVE BUSINESSES. AND WHY WOULD THE BOS BEND OVER BACKWARDS FOR THESE LADYS 1. BIG CONTRIBUTORS OF THE CURRENT BOS ESPECIALLY BRENDA. 2. ITS A SECRET FOR NOW BUT IT WILL ALL COME OUT SOON AND THE BOS WILL HAVE EGG ON THEIR FACE AND ANOTHER LAWSUIT.

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#16 2009-07-11 23:32:07

Political contributions are public record, so there will be a list of all the contributors and amounts.

It wouldn't be too difficult to establish a correlation between the inept decisions that have haunted this entire process and put it all together in a neat little package.

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#17 2009-07-12 06:32:04

NO BOBBY I WONT PAY TO READ MORE. I GUESS YOU LACK THE BALLS TO DEBATE ME AND HIDE BEHIND YOUR PAID COMMENTS SURROUNDED BY YOUR MINIONS. NO BALLS!

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#18 2009-07-12 09:04:38

This thread was started by Cara Winslow, the same person who ran for selectman and lost by a couple hundred votes. It took her a few minutes to check on the legality of this action. That's what a bos member should do. She had my vote the first time she ran. I hope she will run again. She will get my vote for sure. She posts here under her own name which many bloggers don't do for fear of retribution. This speaks to her integrity and her willingness to speak up for the citizen's of Wareham.

I would imagine if she had won, we would not have had to experience the computer audit, the resignations of some great town employees, the additional legal bills from Maple Springs Road etc. etc. etc. At least she would have spoken out against them. She probably would have been out-voted at 4-1 but still, a voice of reason. In order for the vote to change we need more than one good person to stand up and run in April.

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#19 2009-07-12 09:50:23

I know I support Cara Winslow. Not only is she intelligent and knowledgeable, she is also interested in this town. She has my vote and if she wants a campaign worker, I will submit my resume in a second!

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#20 2009-07-16 18:08:43

https://warehamwater.cruelery.com/img/wehaveidiotsforbos.jpg



Auto-edited on 2020-08-11 to update URLs

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#21 2009-07-16 19:12:40

When I first saw this, i was coming home from a meeting. I stopped and laughed. That took some guts! Congrats to whomever did this!

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#22 2009-07-16 20:43:51

Wait--the sign says open to residential deliveries. Well, that takes care of all the commercial trucks that need to service the residents--trash pick up, oil deliveries, etc.--no problem with them using the road. And Makepeace and Tuci are still using the road with their trucks.

So, who exactly is being restricted from using the road?? What am I missing here?  What commercial vehicles can't use the road?

Also, who is paying for all these new signs--surely municipal maintenance doesn't have a collection of these bizarre signs hanging around in their sign closet. No other road has an illegal 10 mph sign, and the other one? That's a big one---$$$$$$$$$$$$$$

I agree with Larry, the addition to the sign is perfect and says it all.

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#23 2009-07-16 21:09:41

Thank you Molly and MSRM.

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#24 2009-07-16 22:51:02

FROM THE COURIER:

"Selectman Brenda Eckstrom said she was told trucks are still using the road and that signs on the road are being defaced."

http://www.wickedlocal.com/wareham/news … OK-for-now

What is the Brockton Broad complaining about?  "Defaced?" 

Oh wait, now I see, some jerk defaced a beautiful "We have idiots for BOS" sign by attaching a "resident and residential delivery only" sign to it.

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#25 2009-07-16 23:04:42

So in the end the Bindas women did not get their long fought after way.  The road is closed to commercial vehicles; but, haha, not agricultural vehicles.....and their beautiful sign was defaced...but I see they ran directly to Brenda.   one for wareham.  none for bindas

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#26 2009-07-16 23:11:16

Are there lots on the road that are zoned commercial?  Gotta change the zoning before you can close the road.  morons.

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#27 2009-07-17 00:17:58

TBL

Cara Winslow wrote:

If they try to enforce this and someone is ticketed they should appeal the ticket because it cannot be enforced.

I wouldn't worry about someone getting a ticket. Not going to happen.

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