Daniel and Lisa Craig of 4 Seabreeze Lane have been in a tug of war, so to speak, over whether or not they must return more than 20,000 square feet of designated wetlands to its original condition versus a massive lawn area.
The Buzzards Bay Coalition previously alerted the town that encroachment activities had taken place at several residences in the subdivision, including the Craigs. The other homeowners had worked with the Conservation Commission to provide mitigation or restoration in areas that had been altered without regulatory oversight and permission. The Craigs, however, pushed back from what the Conservation Commission was asking on their parcel.
A 2015 Notice of Intent filing by the Craigs was later withdrawn at their request when, according to their representative Brandon Faneuf of Ecosystem Solutions, Inc., “things weren’t going as they hoped…” Faneuf believed that a 75-foot no-touch zone was no longer enforceable because the Craigs had received a Certificate of Compliance on other permitted work on the property. The Conservation Commission followed up the NOI withdrawal with an Enforcement Order.
The Craigs filed suit in Superior Court. That case was heard on November 10. Chairman Bob Rogers said that no decision had been released yet, but that the Buzzards Bay Coalition was supporting the Town’s effort.
On November 14, all of the history came out in an hour and 45-minute hearing. At times, Faneuf strongly disagreed with Rogers, while Conservation Commission member Mike King challenged Rogers’ questioning the Craigs’ new NOI filing.
In their latest filing, the Craigs asked permission to retain 21,826-square feet of lawn located in the buffer zone, but not permitted.
Faneuf said the 75-foot no-touch zone doesn’t apply because the Conservation Commission never said it did.
But present at the hearing was Korrin Petersen, senior attorney for the Buzzards Bay Coalition. She said that since 2000, when the subdivision that created Seabreeze Lane came before the town, the coalition had worked with the Conservation Commission due to serious concerns over sensitive wetlands that empty into Buzzards Bay. She said that the 75-foot no-touch zone was “into perpetuity” and was “on their deed.”
“Eel Pond is very sensitive to nitrogen,” Petersen said. For that reason, she explained, the size of lawns had been restricted and no-touch and buffer zones established to help prevent fertilizers from running off into the delicate ecosystem.
“I urge the commission to [require] full restoration back to the buffer zone,” Petersen requested, adding, “It’s time to raise the conversation to a conservation restriction with monitoring on a regular basis.”
Faneuf rebutted Petersen’s comments saying, “No fertilizer is used on the lawn,” and, “In my opinion, the 75-foot no-touch zone doesn’t exist.”
While tempers simmered at times, including commission member King saying, “I think we are wasting a lot of time on nothing,” Rogers was able to achieve cooperation from Faneuf. Rogers insisted that submitted plans be updated to include confirmed wetlands flagging and that Conservation Agent Elizabeth Leidhold be given the opportunity to make a site visit with him. Leidhold asked for outside peer review from John Rockwell who had previously assisted the Town at this site. The hearing was continued until November 28.
In other business, Nick Nicholson on behalf of Weather-Ready Mattapoisett received a negative determination on a Request for Determination of Applicability for the placement of a camera post on Reservation Beach for the purpose on documenting the health of Eel Pond.
David McIntire, 18 Main Street, received an Order of Conditions for the construction of an addition to his residence, and in a separate filing, for four cottages on Mahoney Lane for the construction of small additions.
The next meeting of the Mattapoisett Conservation Commission is scheduled for November 28 at 6:30 pm in the town hall conference room.
By Marilou Newell