Amendment to Permit Denied

In spite of submitting an updated plan that included a state-of-the art closed septic system, John Williams of Brandt Island Realty Trust did not receive approval to increase the number of bedrooms at the previously permitted development. Noting that originally the plan called for an assortment of two and three bedroom homes, Williams was seeking to change that to all three-bedroom units and a bio-clear septic system. The developers wanted to have the more marketable three bedroom single-family homes versus the less attractive two bedroom units.

After four hearings and hours of debate and conversation including several heated exchanges with abutters to the site, Williams could not convince the board that the amendment was worthy of approval. Williams walked away with what he came in with, the original permit that allows for 90 bedrooms total. The vote was two to three. Voting to approve the amendment were John Mathieu and Ron Merlo. Voting to deny the request were Tom Tucker, Karen Field, and Mary Crain.

Earlier in the evening the board had an informal conversation with Highway Supervisor, Barry Denham regarding problem with storm water drainage at the Appaloosa Lane development. Before hearing from Denham, Chairman Tom Tucker read from a letter received from residents of River Road. He read in part, “…we have been pushed from one board to another, with no help…” The letter referred to stagnant water filling what should be dry drainage ponds, and water flooding their basements. The signatories were Hathaway, Cook, and Lapienski of 11 and 13 River Road.

Denham said that he wrote a letter to the Planning Board in 2007 stating that the engineered drainage plan wasn’t working. He wrote again in 2010 with the same concerns resulting in GAF Engineering coming before the board with a new drainage plan. However, Denham said that in the last six months the new ponds weren’t working any better than original ones. “They don’t work…it makes for a lousy situation for the residents and River Road.” He went on, “Something has to be done to relieve those home owners.”

Ron Merlo said that the matter had been given to the town’s counsel for his review and recommendations. Counsel’s reply to the board was that the impacted residents maintained a “vested interest” in what was taking place on Appaloosa and that they had a right to relief. Merlo moved that they give the matter back to counsel for legal proceedings.

Denham said, “I hate to see the developer just walk away.” Chairman Tucker said, “We have to bring him in and see what can be done.”

Other business attended to were two Form A requests. One was for Buzzards Bay Coalition for Lot #5 on Brandt Island Road to “create one lot which meets or exceeds the minimum frontage and area requirements”. That request was approved. The other was for The Preserve at Bay Club, Field Stone Drive to provide “sufficient frontage on Fieldstone Drive and Sufficient area.” The board was unable to approval the request in the absence of the original plans. The request was tabled until the next board meeting to allow those documents to be submitted with the request.

The next meeting of the Mattapoisett Planning Board is June 16 at 7 pm in Town Hall.

By Marilou Newell

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