The Mattapoisett Conservation Commission agenda for July 12 was chock full of hearings that had been continued from previous dates. But of those heard and finalized, only one inflamed emotion.
William and Jane Farran want to build an elevated single-family home on Angelica Avenue. During a previous hearing on the matter, Chairman Bob Rogers posed questions to engineer David Davignon of N. Douglas Schneider & Associates regarding whether or not the plan met all required FEMA regulations. Now, Davignon was back with a new plan.
Referring to a FEMA bulletin, Davignon said, “We’ve removed the riprap stones around the filled embankment.” Continuing, he said, “The slope has been reduced, the fill has been reduced, no parking is planned under the home, there will not be a concrete pad.…” He also said that salt-tolerant grasses were planned as part of the wetlands remediation the construction will mandate.
“We are not going to the [Zoning] Board of Appeals,” Davignon told the commission. He said that an appeal to the ZBA based on a hardship would most likely not be granted. “We believe we have before you a FEMA-compliant plan,” he concluded.
Acting Chairman Mike King opened the hearing to public comments with Regina McIntyre, 57 Angelica Avenue, speaking first.
“For years, that has been just beautiful,” said McIntyre. “I have a hard time seeing a home built there.” She said she understood that the applicants had a right to try and build on property they owned, but lamented the loss of open land to an ocean view.
The chairman then recognized Paul Osenkowski, 8 Oaklawn Avenue.
“My concerns are local, not Beacon Hill or Washington … I’m bothered by the fact that the board is totally impotent to protect the town … I think it’s your job to say NO … it’s time to stand up and say NO!” Osenkowski said that homes were being built that endangered wetlands including shellfish locations and that it was “time that Mattapoisett stands up.”
King responded, “I share your concerns, but in the absence of a bylaw, our hands are tied. There’s not much we can do.” He then closed the public hearing, and the commission voted to issue an Order of Conditions that included the applicant paying for a wetlands scientist to monitor remediation and track growth for two years.
An after-the-fact Notice of Intent, which had also been continued, reached a conclusion when William Macropoulos, 12 Howard Beach, attended the hearing represented by Davignon in the matter of a jetty constructed beyond permitted lines of limitation. The commission had offered Macropoulos mitigation in the form of paying for shellfish seed, a payment directly to the town versus the state.
Davignon said Macropoulos had agreed to the $750 payment, contingent upon his receipt of a waterways license. King said he hoped that common sense would prevail with the other governmental agencies. The commission then settled the matter by issuing an Order of Conditions.
William Fredericks, 30 Holly Woods Road, received an Order Conditions for the construction of a new driveway, but was asked to allow vegetation that had been removed in a jurisdictional area to return naturally with no further cutting in that area.
Returning to the commission for an informal discussion were attorneys representing the Henderson family of Bay View Avenue and the developers of lots on Grand View Avenue. The years-long dispute was over what the Hendersons believe was incomplete and damaging stormwater planning; plans that they claim should have been resolved by the developer were discussed.
Shepard Johnson represented the developers, while Sandford Matathia represented the Hendersons. The two attorneys said that their clients would be submitting new Notices of Intent and that a plan to “de-link” the two properties from the single Order of Conditions that had been issued years ago. The attorneys said that by separating the two properties, the Hendersons could then get the modifications that would improve environmental conditions on their property. The proposed concept seemed agreeable to the commission.
Other matters handled were July 25 continuances for Forrest Neal, 16 Brandt Island Road, for shed placement; Dennis Arsenault, Snow Fields Road, for wetlands delineation; and Robert Gauvin, 5 Seabreeze Lane, for a Certificate of Compliance.
Before closing out the evening, the commission discussed applicants for the open seats on their board. Chapman Dickerson met briefly with the commission to discuss his desire to be considered for the Conservation Commission.
”I’m a little nervous about what’s going on in Mattapoisett,” he said. “I’m baffled about how they are building on some of these properties. I’m not against growth, but…”
King told Dickerson that the commission makes recommendations to the Board of Selectmen, but that the selectmen make the final decisions.
The next meeting of the Mattapoisett Conservation Commission is scheduled for July 25 at 6:30 pm in the town hall conference room.
By Marilou Newell
