“…Leave the Planning Board at the Door…”

Engineer David Davignon found himself in a defensive posture as the hearing for his clients, Fred Schernecker and Anthony Campbell, 1 Goodspeed Island, was re-opened during the March 28 meeting of the Mattapoisett Conservation Commission.

Chairman Bob Rogers was unable to attend the previous March 14 hearing when Peter Newton was appointed acting chairman by the commission that night. Due to the absence of Rogers, as well as Environmental Agent Liz Leidhold and secretary Teresa Austin that night, Newton cautioned applicants that some hearings would most likely have to be continued.

The Schernecker/Campbell Notice of Intent was one that fell into that category.

Now Davignon was present with the additional information and new plan the commission requested; however, for Rogers it was simply not sufficient.

Rogers assured the applicants and Davignon that he had watched the video of the March 14 hearing, had informed himself on the Planning Board meeting regarding the roadway project, and now felt compelled to ask for additional information.

Rogers told Davignon that the roadway would skirt a coastal bank and, as such, more information was needed before the commission could make an informed determination on the NOI.

Rogers said, “We are not allowed to alter a coastal bank…. When I look at the plans for the NOI, it is silent about the trees … if you remove trees you’ll impact the bank.”

He also insisted that stormwater management plans had to be submitted for certification to ensure that delicate wetlands would not be negatively altered. Rogers further took exception to the width of the roadway that the Planning Board approved at 16 feet versus 20 feet.

“I look at this plan and there are so many questions,” Rogers said to Davignon.

Davignon responded, “I’d like to leave the Planning Board at the door. This is the conservation commission.”

Rogers asserted that the roadway possibly threatened the coastal bank, that stormwater runoff might migrate into Eel Pond fouling shellfish beds, and insisted that the project must not conflict with the Wetlands Protection Act. Rogers also wanted Davignon to supply more technical information.

Davignon asked to poll the sitting commission members to determine which members had changed their minds since the March 14 hearing. He was clearly flummoxed by Rogers’ list of demands and his tone.

Commission member Mike King said, “I don’t agree with Mr. Rogers (for stormwater management) but had not considered Eel Pond discharge.”

The other members, excepting Rogers, didn’t think runoff would be a problem on the island due to the pitch of the roadway, planned recharges depressions, and good drainage of the island soils.

Newton accepted the 2010 wetlands delineation as presented. Rogers said that was only a partial delineation and didn’t cover the area now being proposed for the private roadway. He expressed concerns about heavy equipment movement near sensitive coastal areas.

“In other cities and towns, you wouldn’t have gotten to square one, or without peer review,” Rogers told Davignon. Rogers balanced those comments by assuring him, “…I’m willing to work with you.”

As for the rest of the commission, Mike Dubuc said he had issues with the coastal bank but that the planned guardrail had addressed those, while Trevor Francis was in favor of seeking additional information.

Regarding delineating the limits of work, King said that wasn’t necessary while Rogers, Dubuc, and Francis said it was.

“We need enough time to make sure everyone is happy with it,” Rogers said.

After a brief recess to discuss the issues raised by Rogers, Davignon returned to the hearing and asked for a continuation until April 11.

Earlier in the evening, the Mattapoisett Land Trust received a negative determination for their Request for Determination of Applicability at Munro Preserve for the installation of electrical conduits.

David Overmyer, 6 Pinewood Way, received a negative determination for the construction of a 12-foot by 16-foot addition.

After Rogers recused himself and Newton was once again appointed acting chairman, Lucas Grant received a negative determination for his NOI for the construction of a new home on Dupont Drive. Several abutters questioned whether or not the lot was buildable. Newton advised them that that was not within the ConCom’s purview.

The next meeting of the Mattapoisett Conservation Commission is scheduled for April 11 at 6:30 pm in the town hall conference room.

By Marilou Newell

 

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