Bike Path Gets Thumbs Up But…

The Town of Mattapoisett applied for a Request for Determination of Applicability for test borings along the proposed bike path through Goodspeed Island during the December 14 meeting of the Mattapoisett Conservation Commission. The soil borings are one more twist in a long list of additional technical data the Massachusetts Department of Transportation has requested from the bike path committee.

Steve Kelleher, chairman of the bike path committee, told the commission that the DOT changed their requirements for pedestrian bridges, now requiring that they meet much stricter design criteria – criteria that would allow trucks to travel across them.

Study data produced thus far was insufficient to prove or disprove the existence of bedrock below the railroad easement along the barrier beach where part of a pedestrian bridge spans from the YMCA to Goodspeed Island.

Representing the town, Susan Nilson of CLE Engineering explained the process that would be used to access the sensitive wetlands area and perform core samplings. She also said they planned to locate the west side of the sewer main that runs through the area.

Nilson spoke for about ten minutes giving such comprehensive details as the pounds per square inch from the mobile equipment needed to do the borings.

When Chairman Bob Rogers opened the hearing to the public, Attorney John Gushue, representing Goodspeed Island residents Daniel DaRosa and Anthony Campbell, came forward.

Gushue presented Rogers with a multi-page document listing concerns and citing language from various government agencies pointing to why the town needed to file a Notice of Intent versus a RDA.

“The bottom line is we are asking the commission to find a positive determination… ‘this needs a NOI,’” Gushue told the commission. “It’s all a resource area; there is very little buffer zone,” he pointed out.

Gushue said Nilson’s presentation had “informational deficiencies” and that there were no details about how the work would be performed. He said the entire area in question was a resource area, therefore demanding greater investigation before data should be collected.

Nilson responded to Gushue’s questions and comments and noted that for future work a NOI would be filed, but that the scope of work that would be performed for the test borings was not significant enough to warrant a NOI.

Rogers said, “With a potential of an appeal of our decision, we should be very clear.”

Kelleher addressed the commissioners and the audience saying, “We’ve had every federal and state department on this project for the last three years. Everybody is in favor of this project going through.” He continued, “This is one of the most favorable projects on SRPEDD list for the next 15 years. It is very vital that we move forward in an expeditious manner.”

“We do what we think is right and if it’s appealed, well, it’s appealed,” Rogers stated.

The commission discussed the matter and ultimately felt that a Negative 3 ruling for the RDA was in order, while acknowledging that their decision will be appealed.

In other business, RDAs filed and receiving negative rulings were: Lisa Caudle, 17 Centre Drive, for an addition; Isabel Morton, 7 Bethany Lane, for a pool shed; Gary Wynn, 12 Shore Drive, for construction of a second story and new roof; and William Hewitt, 8 Brierpatch Lane, for various additions and improvements to a single family home.

Whitman Homes received an Order of Conditions for construction of a new home located on Split Rock Lane.

A Certificate of Completion was issued to property located at 40 Water Street for beach nourishment.

Rounding out a long agenda, the commissioners had an informal discussion with Todd Rodrigues, owner of Yard Boss, regarding his application for a RDA for water withdrawal at the Mattapoisett River spillway.

Due to insufficient public notification, his request could not be heard. However, Rogers offered to answer any questions Rodrigues might have for a future filing.

Rodrigues advised the commissioners that the property located on River Road where he had been pumping water into his irrigation truck tanks was owned by Marion, Mattapoisett, and Rochester, not Fairhaven. Rogers said that the towns would have to be notified of any future public hearings. Rogers suggested to Rodrigues that he withdraw his application and reapply at a later date. Rodrigues agreed.

The next meeting of the Mattapoisett Conservation Commission is scheduled for December 28 at 6:30 pm in the Mattapoisett Town Hall conference room.

By Marilou Newell

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