Selectmen side with harbormaster over delinquent mooring payment
On Tuesday, Marion Selectmen upheld a decision made by Harbormaster Isaac Perry to revoke a mooring permit that went unpaid.
Ladd Thorne, via his lawyer Arthur Kreiger, appealed the decision to Selectmen. Kreiger maintained that his client did not receive several bills because they were sent to the wrong address. When Thorne did get a call from the harbormaster telling him to remove his boat, he discovered that one final notice had been sent by regular mail to the correct address, but too late.
Kreiger said the family had medical emergencies and that the town, according to its regulations, is supposed to send a letter by certified mail. Kreiger said his client received the notice in June, but was not notified that it was important or time sensitive and was given too short a window to respond.
Kreiger said the harbormaster thought his client wanted special treatment, but he simply wanted to get the first notice.“
He’s asking to be treated like everyone else,” said Kreiger.
Perry said he believes there was a data entry at Town Hall that resulted in the incorrect address, but that the second notice sent in May did go to the correct address. He also said while the second notices are supposed to be certified mail, they haven’t been for about five years.
He said a total of 10 residents, including Thorne, did not respond to the mailing.
“I want to treat everyone fairly and everyone in the same manner,” he said.
Kreiger said that was “laudable” but that there were “extenuating circumstances” in this case. John Witten, the town’s attorney, said technically it is a mooring holder’s responsibility to check on the bill.
Selectmen Stephen Cushing and Jody Dickerson were at first at odds over on the issue, though Cushing said he didn’t think Perry did anything wrong. He said he didn’t feel comfortable denying the permit.
Ultimately, however, without Selectman Steve Gonsalves present to break the tie, Cushing and Dickerson voted to uphold Perry’s decision, which will likely result in an appeal from Thorne to the Department of Environmental Protection.
Selectmen did give Thorne until Aug. 1 to keep his boat on the mooring while he waits for a decision from the DEP.