Planning Board Dissatisfied with Town Counsel

During the October 19 meeting of the Mattapoisett Planning Board, residents from the Brandt Point Village subdivision were present to have their application heard, a request for public trash collection. One of the conditions in their subdivision covenant states that the neighborhood would not receive public trash collection. On this evening, they were seeking an amendment to overturn that restriction.

The Planning Board during a previous meeting had voted to amend the covenant for a condominium complex, The Villages at Mattapoisett, allowing that complex to receive public trash collection.

Mary Carlson, a resident from the Brandt Island Road subdivision, on behalf of all residents of the subdivision, requested the same consideration the board had previously given to The Villages.

Immediately after her brief explanation, board member John Mathieu asked Chairman Tom Tucker to table the request pending town counsel review. Mathieu’s reason was concern over language in the amendment previously rendered for The Villages, saying he needed comment on the board’s last vote for The Villages to confirm the amended language.

“I’d like the language to match and to confirm that we have legal authority to make the vote regarding our action for The Villages,” Mathieu said.

“We need to make sure we did it right the first time before we do it again,” he told Carlson.

Mathieu then launched into his concern that the town’s legal counsel was nonresponsive. Tucker said the request for legal counsel review had been made weeks ago, and the board had not yet received even an acknowledgement that the request was made.

Tucker said he and the board’s secretary had made several follow-up requests to Kopelman and Paige. He too noted his displeasure with the town’s selected legal counsel.

This prompted board member Mary Crain to comment, “That’s bizarre.”

“This is the sort of treatment we get from Kopelman,” said Mathieu. “I’m very disappointed.” He continued, “I’ve been disappointed for several years.” He wondered aloud if maybe the board should ask the town administrator if they could hire their own legal counsel.

The board moved to continue Brandt Point Village’s request for covenant changes and to request legal assistance through the office of the town administrator.

Continuing on the theme of this subdivision, Highway Superintendent Barry Denham told the board that he was concerned about the ability of traffic to exit and enter onto Brandt Island Road, especially with cars lined up waiting for school buses.

But the three residents present to hear the outcome of their trash collection request were far more concerned with other problems in the subdivision versus traffic flow.

“We don’t get any responses from Joe,” said resident Daniel Scully referring to the new construction manager for the project Joe Furtado.

Carlson, Scully, and Dennis Dimos, another resident of the subdivision, all expressed serious concern over the lack of responsiveness from Furtado after his previously expressed pledge to be forthcoming to the residents.

Tucker asked Denham what the condition of the drainage was in the development, long a bone of contention for the town and the homeowners. Denham replied, “Nothing has changed … water goes wherever it wants to go.”

Denham also discussed the condition of the roadways and test borings – results of which were still pending.

“Why don’t we plan on bringing Mr. Furtado here?” asked Tucker. He said that rather than having bits and pieces of information, it made sense to have Furtado present to respond to the residents’ concerns. The board moved to invite Furtado to the November 2 meeting.

Denham also said, due to the amount of time it takes out of his busy schedule, future subdivision oversight work should be handled by a hired professional. Tucker agreed.

Earlier in the evening, the board moved to accept revised plans from The Preserve at the Bay Club for one lot and from the Split Rock subdivision, also part of The Bay Club, for two lots.

The next meeting of the Mattapoisett Planning Board is scheduled for November 2 at 7:00 pm in the Mattapoisett Town Hall conference room.

By Marilou Newell

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