Concerned residents are working on a new bylaw that would augment, enhance and otherwise fill in what they believe are blanks in state and local Conservation Commission regulations governing docks and piers in Mattapoisett.
Peter Trow and Michael Huguenin presented the Mattapoisett Planning Board with a draft of what is presently titled ‘Dock and Pier Overlay District,’ a new bylaw that Trow and Huguenin, along with 100 or more voters, believe is necessary to protect Mattapoisett’s delicate inner harbor.
Trow told the board they have done some preliminary research into bylaws that are currently in place in other towns and have written a draft geared to the unique qualities and needs of the Mattapoisett Harbor. They came seeking advice and guidance so that the proposed bylaw may be included in the spring town meeting for voter consideration.
Although the draft, as written, focuses on the inner harbor, the pair acknowledged that there are other shorelines the town may wish to include. Clearly detailed in the draft is: “Prohibition. Within the Dock and Pier Overlay District the construction and/or installation of docks and piers are prohibited.” The prohibition would “maintain public access along the shore and to shellfish and shellfish beds, whether existing or potential…maintain safe, open water for recreational pursuits, including swimming, power boating, rowing, rowing instruction, sailing, sailing, instruction, sailboat racing, and kayaking…(to) retain the natural open character and scenic vistas of the seacoast and water…”
Huguenin said that today there are three agencies that oversee the building of docks and piers. The first is the Army Corps of Engineers, which he said was “slam dunk” and easy to receive permits from. The second is the Conservation Commission whose reach is basically limited to the wetlands protection act, although they could ‘condition’ a dock or pier project. And the third is Massachusetts General Law Chapter 91 Waterways.
Calling the latter the “best tool” of the three, Huguenin also said that public participation was difficult in the state process. While the law allows public comment, there is no public hearing process making it extremely difficult to keep track of a construction project. He said it is nearly impossible without the assistance of an attorney. “Local bylaws would bring the process back before the local residents and neighbors,” he said. Trow and Huguenin asserted that a local hearing process might be better for the town.
Chairman Tom Tucker told them to work with the Marine Advisory Board, Board of Selectmen and the Conservation Commission on a document that would then be drawn up from a consensus. They were urged to iron out everything possible before coming back to the Planning Board.
Tucker also told them that the Planning Board is their venue for a public hearing prior to town meeting when they are ready for that step. However, Tucker told them, the Planning Board itself does not have jurisdiction over bylaws.
Earlier in the evening, the Planning Board approved the re-configuration of lots lines between 9 and 11 Prince Snow Circle, properties owned by Suzanne MacArthur and Carol Critchell, respectively. The new lot lines would memorialize minor land use misjudgments where MacArthur’s stonewall is slightly inside Critchell’s property line and Critchell’s flowerbeds inside MacArthur’s property.
The Mattapoisett Planning Board meets again on November 3 at 7:00 pm in the Town Hall conference room.
By Marilou Newell