What a difference a few days made on January 5 for the Mattapoisett Planning Board.
At the December 29 special public hearing, the Planning Board had a rather frustrating exchange with Mattapoisett Highway Surveyor Barry Denham regarding Brandt Point Village.
At that meeting Denham said, “I wasted my time again!” He had been driving home the point that road construction had begun on Phase II of the subdivision in clear violation of the permit and the board’s conditions.
The board had received a letter from the subdivision’s attorney, John Williams (also a partner in the project), which stated no road construction had begun on Phase II and that a culvert was being installed for a turtle crossing.
Planning Board member John Mathieu asked on December 29, “Let’s say it is road construction, what is the issue?”
“The issue is we need inspections at every stage!” insisted Denham.
After Denham left that meeting, the board members decided that they would require the developer of Phase I to pave all side roads currently at the site, requested as-built plans for the culvert, and decided to engage the Town’s engineering firm to develop a checklist for the developer that clearly states when inspections are to be done throughout the road construction process.
At the January 5 meeting, though, the board took a decidedly stronger approach with the developer.
Acting Chairman Ron Merlo had called the developer’s engineer Al Loomis of McKenzie Engineering and requested specifications for the culvert that had already been installed and termed a “turtle crossing.” Attorney Williams had sent a letter to the Planning Board in advance of the December 29 meeting stating that no roadway construction had begun, only the installation of a turtle crossing.
“It’s been going on over a month now,” stated Denham on January 5. He said that truckloads of fill had been delivered to the site, 400 feet had been grubbed, and that the turtle tunnel was really an engineered bridge that had not been inspected.
“In my opinion, road construction (on Phase II) has begun,” Merlo concurred. “My goal is to establish a line of communication with the developer, [and] find out what types of soils and analysis have been used.”
“This is the third time that construction started before formal meetings have taken place,” said Denham. “Twice on this job and once on Appaloosa.”
Merlo said it was clear to him that the developer had failed to make the necessary effort to set up meetings to discuss the project and request inspections with the Highway and Sewer Departments.
“I’d like to send a letter to Williams to step up his game…,” said Merlo.
Mathieu wanted to give the developer a checklist with set milestones for requesting inspections.
“It is a two-phase subdivision … the market didn’t allow it to happen all at once…,” stated Mathieu. “Right now, the thing is not producing tax revenue for the Town…. I want them to finish this thing.” He said he did not want to put any roadblocks in place that would hinder the developer in completing the work.
This enraged Mattapoisett resident Paul Osenkowski, a vocal opponent to the project since the beginning. He angrily asserted that the developer was not following the rules and is causing problems for the neighbors in the area.
“I request a cease and desist order,” said a more calmed Osenkowski.
Merlo asked the board members to vote on whether or not to send a letter to Williams, putting him on notice that he needed to appear before the board and explain the work that has taken place at the site. Merlo also asked that the wording include the cessation of roadwork until Williams came forward. The board agreed to send the letter and to contact Loomis again for any additional information he may offer on inspections done at the site by a qualified engineer.
Also during the meeting, the aforementioned Appaloosa subdivision situated off River Road was on the agenda.
Brian Grady of G.A.F. Engineering was present to explain that he was awaiting comments from the Town’s engineering firm, Field Engineering, on the materials G.A.F. had submitted on the project. That information included engineering plans, watershed maps, and drainage calculations.
Grady confirmed that recent percolation testing demonstrated that the two lots were in conformance with Board of Health requirements. He was granted a continuation until the next regular meeting.
Earlier in the evening, the board approved a Form A (application for endorsement of plan believed not to require approval) for David Nicolosi of Deerfield Road to subdivide a five-acre parcel to his neighbor, Veronica Brockwell of 13 Randall Road, for horse pastures. The board voted to accept the request.
The next meeting of the Mattapoisett Planning Board is scheduled for February 2 at 7:00 pm in the Town Hall conference room.
By Marilou Newell
