Neighbors Concerned Over Land Trust Plans

During the February 13 meeting of the Mattapoisett Conservation Commission, the Mattapoisett Land Trust and Buzzards Bay Coalition sought permission for two projects that would open the way for public access on two parcels.

Representing the MLT was President Mike Huguenin accompanied by MLT member Paul Osenkowski. Representing the Buzzards Bay Coalition was Matt Spinner, land steward director.

The two applications before the commissioners were for requests for a Determination of Applicability. Such applications are generally viewed only in the context of the Wetlands Protection Act by the commission. That point became a rub as the evening wore on.

Up first was an RDA for 0 Acushnet Road submitted by the MLT. In this request, the group sought permission to clear trees, overgrown vegetation and to install a trail to the Mattapoisett River near Tinkham Chapel. They also sought to place a memorial bench at the site in memory of Lorraine Walsh whose daughter Crystal Walsh had approached the MLT regarding the idea.

Huguenin described the planned clearing as removing dead or dangerous trees within the jurisdictional riverbank area for a small trail to the water’s edge, modest clearing of invasive plants, and the bench. Chairman Bob Rogers then explained the commission’s problem with the plan.

Rogers said, “In the flood zone, we can’t do anything but protect all the vegetation.” He said that due to DEP regulations governing river areas, an RDA was insufficient, that the MLT would have to submit a Notice of Intent that carried a higher degree of governmental oversight – namely, the Department of Environmental Protection. Rogers said that in fairness to everyone else living along the riverbank, the NOI was necessary.

“Because of the riverfront, we can’t condition this with an RDA,” Rogers said. “This may not be allowed by the DEP.”

Rogers’ comments were responded to by Osenkowski who said, “It’s time that a board that represents Mattapoisett tells what’s good for Mattapoisett, not Beacon Hill!” He pleaded that the application would be an improvement benefiting the community with greater access to the resource area. Rogers said, “But we can’t touch a tree within 100 feet of the river front.”

There ensued nearly an hour of discussion that included public input as Rogers and Huguenin attempted to find a middle ground.

Diane Zartman, 116 Acushnet Road, said that if the area was opened up for public use, it might encourage more vandalism, more inappropriate trash dumping than abutters presently experience. She expressed doubts regarding the wisdom of making the area welcoming without increased policing.

A middle ground was ultimately found. Rogers and the other commissioners accepted that the MLT had a right to create a trail that meandered through the woods, but that they would also have to file a NOI for tree removal and installation of the memorial bench.

A similar application from the Buzzards Bay Coalition was met with greater abutter resistance.

The location along Long Plain Road leading to the MLT’s Woodcock Preserve was another spot the Walsh family hoped to place a memorial bench for their mother. Again, the wisdom of allowing greater public access to a resource area was questioned.

Spinner described the creation of a small, four-car parking area off Long Plain Road with a trail that would connect to a vernal pool in the MLT preserve. He said that the BBC would install bog boards along the new trail.

But Kimberly Pires, whose property abuts the proposed project, was quite concerned saying, “That’s going to be a major problem.” She said that presently passersby feed her horses, causing the animals to become sick. She said that signage had not stopped the problem, and that if a parking lot was created next to her pasturelands, she expected even more problems for her animals.

“For me and my horses, this is a nightmare,” she said.

Rogers was sympathetic saying, “A positive project shouldn’t cause a negative impact for you,” but that those types of inconveniences were not within the scope of the Wetlands Protection Act. Pires questioned the point in attending the meeting if her concerns were not going to be taken into consideration. Rogers countered that she had a right to appeal their decision.

Another abutter, Amy Rose-Baptista, also spoke against the plan. She said, “We live in a rural area … I want it to stay pristine.” But Huguenin said that the MLT and BBC were lawfully obligated to provide public access.

Mike Costa, 18 Long Plain Road, worried about an increase in all-terrain vehicle use. He said that ATVs were a constant problem for residents in the area and that trails and parking would increase the nuisance. Osenkowski said that the MLT had problems with ATV use in other locations and that they tried to build in obstructions along the trails to discourage the drivers.

In the end, the RDA received a Negative 3 determination.

Also coming before the board representing several clients was Rick Charon of Charon Associates. Charon received Negative 3 determinations on RDA applications for 16 Shore Drive owned by Patricia Tortorella for a second floor addition; 13 Cove Street owned by Judith Lamson for a sewer related utility shaft; 14 Cove Street owned by Marc Brockman for a sewer related utility shaft and related sewer piping; and 11 Briar Road owned by Richard Priester for two new decks. All projects were within flood zones.

Donna McCaffery, 16 Cove Street, NOI application for the construction of a single family home on a barrier beach also represented by Charon was continued until February 27.

The final hearing of the evening was represented by Jon Connell of Field Engineering for Julie Cabucio, 3 Oyster Lane. The project is the construction of a garage within a flood zone. The NOI was conditioned to include reference to FEMA Bulletin 5 to ensure compliance to all federal regulations.

The next meeting of the Mattapoisett Conservation Commission is scheduled for February 27 at 6:30 pm in the town hall conference room.

By Marilou Newell

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