Mattapoisett’s Conservation Agent Elizabeth Leidhold presented the Mattapoisett Conservation Commission with shocking photographic evidence that construction now taking place at The Preserve subdivision, part of the Bay Club, was not following Conservation Commission conditions.
During the April 11 meeting, Jeff Youngquist of Outback Engineering, Inc. came before the commission with three Notice of Intent applications and two Certificates of Completion on four properties at the upscale housing subdivision. But before those could be heard, Leidhold asked the commission to review photographs she had taken at the site.
The photographs showed improper pumping of dewatering spoils into jurisdictional wetlands, uncontained concrete slurry, a lack of flagging along limits of work, and encroachment into wetlands.
“These are pretty egregious violations,” stated commission member Michael King, adding, “I don’t like the look of that at all. This is unacceptable.”
Leidhold said Ted Gowdy of Aerie Homes of Waltham, the developer of The Preserve, was present as she photographed the areas and brought the problems to his attention. However, Gowdy failed to properly oversee the contractors, she said, which led her to conclude that stronger action might be required.
“These are high-end homes in close proximity to the wetlands,” Chairman Bob Rogers said, suggesting that made it all the more important that Conservation Commission conditions be upheld.
As the commissioners discussed Gowdy’s apparent lack of adherence to NOI conditions, commissioner Peter Newton suggested, “We can make them desist until it’s cleaned up and remedied.”
Rogers and King suggested sending a cautionary letter to Gowdy giving him an opportunity to correct matters before shutting down the construction. The commissioners moved to send a letter.
Youngquist’s applications were all approved with conditions and Certificates of Compliance issued with his assurance that he would personally discuss the conservation violations with Gowdy.
The Goodspeed Island application of Anthony Campbell and Fred Schernecker for the construction of a new private roadway along a coastal bank made its third appearance on this night.
Once again, David Davignon of N. Douglas Schneider and Associates, Inc. provided updated engineering drawings to address earlier comments and concerns, which came primarily from Rogers. But these newest revisions were as Davignon noted, “a major change.”
Fire Chief Andrew Murray had visited the site, and based on his recommendations, several plan changes were implemented.
The roadway had been designed at only 16 feet in width; the new plan calls for 18 feet. Chief Murray also asked for and received the placement of an additional fire hydrant and a 27-foot wide circular turnaround to accommodate fire apparatus. “These are three major changes per the fire chief,” Davignon said.
A letter from Director of Inspectional Services Andy Bobola also addressed the need for roadway widening, along with the future home Schernecker proposes to build bearing a residential number.
These changes did not, however, address Rogers’ biggest concern of stormwater management.
Rogers told Davignon he had been in touch with the DEP after the March 28 hearing and confirmed that the state stormwater management requirements could be applicable to the project. He said that the water detention depression noted on the plans might not be sufficient to handle storm events. Davignon responded, “We don’t think it’s required.”
Rogers and Newton couldn’t reach a consensus between their differing views on whether or not the hearing should once again be continued until the Planning Board gave its final verdict on the project with Rogers saying, “It would be safer for everyone concerned if we waited until the 25th.”
Davignon said, “I respectfully request not to continue.”
“Why do we have to be concerned?” Newton said to Rogers. “I’m not in favor of holding this project up further for the Planning Board purposes.” A polling of the other commissioners found they agreed with Newton.
Rogers responded to Davignon, “I get that you want to close the hearing tonight and that’s what you’ll get.”
In the end, the majority ruled in favor of the project moving forward with Rogers opposed, saying, “I am stuck. All the information has not been provided. You haven’t given me everything I need to vote in favor.”
In a follow-up interview, Rogers responded to questions regarding a letter that had been sent to the selectmen from Campbell’s attorney John Gushue. In that letter dated March 24, Gushue asked that Rogers recuse himself from the upcoming March 28 continuance since he had not been in attendance at the March 14 hearing. Gushue also made the claim that Rogers had contacted Davignon directly prior to the March 28 hearing with concerns he had about the project to give him the “heads-up,” and that Rogers had also possibly committed procedural errors in discussing the application with Newton on the morning of March 14.
“There were some incorrect assumptions in the letter,” said Rogers. “I haven’t done anything wrong.”
When asked if the Town recommended he recuse himself, Rogers replied, “No one pressured me one way or the other.”
“In a perfect world, they would have had more details. I think they overreacted,” said Rogers. He had voiced his objections primarily on issues of stormwater management at both the March 28 and April 11 hearings.
Another application heard was a Request for Determination of Applicability from Michael Esposito, 18 and 20 Ned’s Point Road, for the rehabilitation of a licensed seawall and pier structures. The project received a Negative 3 determination with conditions. Another seawall repair was conditioned through a NOI application from Alex Tepermen and Lida Cavanaugh, 16 and 18 Ocean View Avenue.
Leidhold reported that, presently, no work has begun on the Crystal Spring solar project proposed by Blue Wave LLC; however, her office had received resumes and letters of introduction from several environmental engineers for overseeing the project on behalf of the town when it does begin. Rogers said, “No building permit sign-off until we have money in escrow to cover costs.”
The commissioners also voted to accept responsibility for a donation of land from Jeanne Downey located on Whalers Way.
The next meeting of the Mattapoisett Conservation Commission is scheduled for April 25 at 6:30 pm in the town hall conference room.
By Marilou Newell