Open Space Needs Public Input

Conservation Agent Elizabeth Leidhold reported to the board that the Open Space Survey is now available on the Mattapoisett website ( This important public comment survey will help the Open Space Committee, which Leidhold is part of, craft a comprehensive plan for the town addressing the needs for not only open space, but water resources, recreation areas, and public land resources. Chair Peter Newton said, “This is your town, people” to the TV camera, highlighting the importance of public input.

On another subject, Leidhold suggested to the Commission that they consider adding language to “order of conditions” that would somehow mandate petitioners’ reading and dissemination of the conditions to all contractors who might be required to work in concert with them. The Commission felt they could add some language, but wondered how they could enforce the “reading” of the conditions by the property owner. This came on the heels of issues that have arisen on Goodspeed Island, when Daniel DeRosa (May 29 Conservation Commission) claimed not to understand the scope of order of conditions that had been required for his permitted work. There remain several unresolved issues for DeRosa, including abutters’ concerns that he had allowed work to take place on property he does not own. Newton noted that the town may use their own surveyor to establish the amount of material that has been removed from the property and that the Commission is waiting to see the DEP report.

Another situation was brought to the Commission by the agent was a marina situated at the end of Dupont Drive on Brandt Island. She shared with the board that her office had received calls from concerned residents regarding the possible discharge of material into the marsh area, wetlands being filled in, pilings being placed and the possibility that form floats were being used instead of the required plastic floats. She told them that a letter had been sent to the owners of the marina and that they had acknowledged receipt of the letter. Further action is pending with Newton stating that there may be multiple jurisdictions involved with resolving the problem being raised including the DEP.

A certificate of compliance was granted for work completed by D&B Quality Construction, Dennis LaVoe, 15 Cedarcrest Ave., for deck work only. Other open issues at the property were not part of this request. The Commission moved to grant the certificate after confirming with Leidhold that the work met with order of conditions.

A public hearing for the notice of intent filed by Myron and Marilyn Mazur of 7 Holly Woods Road was also heard. It took some time for the Commission to hear from Field Engineering’s John Connell, Mazur’s representative. Connell’s presentation detailed that the Mazurs’ wish to replace a boardwalk and reset/replace timber pilings that had been destroyed and damaged during winter storms.

Because the area in question is in a protected wetlands area, Commission members probed Connell for information about the type of construction methods intended to be used, materials, and whether or not there was a need for tie down anchors.

“I’d be happy to let them put back what they had before, but not with the anchors,” Bob Rogers said. “More damage to the marsh if they pull out … not having them would also eliminate the extra permitting. [The anchors] will rip up the marsh.”

Newton suggested Connell confer with his clients to see if they would be willing to remove the anchors from their request. After a brief tabling of the hearing, Connell returned to report that the Mazurs would indeed be happy just to replace and repair what they previous had in place and may come before the Commission at a later date for anchors if they still wished to pursue the possibility of having them in place.

By Marilou Newell

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