“I’m not trying to be a one-man brigade here … but it gives us the ability to defend ourselves in Superior Court,” began Chairman of the Mattapoisett Conservation Commission Bob Rogers on February 9 as he explained his intent for drafting a local wetlands bylaw for public review.
Rogers said a recent decision made by the Massachusetts Department of Environmental Protection – namely, the approval of Daniel DaRosa’s large, private Goodspeed Island pier – conflicted with local community-wide sentiment. That, along with past decisions handed down by the commission, seemed to indicate the necessity of drafting a new wetlands bylaw that Town Meeting might embrace.
A local wetlands bylaw could have bolstered the commission’s vote to deny DaRosa’s application when DaRosa appealed it to the DEP. DaRosa’s appeal was subsequently upheld by the DEP.
The Conservation Commission has appealed the DEP decision on the pier, and the public hearing is scheduled for March 5 at 7:00 pm at Old Hammondtown School.
Rogers will meet with the Mattapoisett Board of Selectman on February 10 to formally request their support as the commission moves forward. (See Board of Selectman coverage in this issue of The Wanderer.)
The wetlands bylaw draft that Rogers is proposing was described as a clear one-page document intended to help the commission in its efforts to protect hundreds of acres of land now in protected status, as well as give them implementable regulations behind the Wetlands Protection Act.
Commission member Peter Newton said that a previous attempt at passing a local wetlands bylaw was fraught with difficulties due to “too many cooks.” That effort, he said, produced a document that no one was happy with, was too convoluted, and lacked goals. It was not supported by the commission nor included on the warrant.
Rogers will have the draft document posted on the Conservation Commission’s webpage on the Town website, www.mattapoisett.net, as early as February 10. He said the draft is formatted after one used in Freetown, one that does not include storm water discharge language. Rogers felt that the State’s Wetlands Protection Act covered that subject comprehensively.
The following is an excerpt of the draft:
“…Except as permitted by the Conservation Commission or as provided by this bylaw, no person shall commence to remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following resource areas: 1) Within 100-feet of any of the following: freshwater or coastal wetlands, marches, wet meadows, bogs, swamps, vernal pools, banks, reservoirs, lakes, flats, ponds of any size, rivers, streams, creeks, beaches, dunes, estuaries, the ocean, land under water bodies, lands subject to flooding or inundation by groundwater or surface water, lands subject to tidal action, coastal storm flowage or flooding….”
Public hearings will be posted to vet the proposed bylaw.
Another matter Rogers brought to the commission’s attention was the need for full-time office and in-field support.
In commenting on the fiscal year 2016 budget currently being developed by the Finance Committee, Rogers said that the part-time secretary and part-time agent were overwhelmed.
The sheer volume of work they faced on a daily basis was reaching critical mass, as noted by the lack of meeting minutes for the commission to review, approve, and make available to the public.
Rogers said the secretary did not have time to write up the minutes as she attended to other matters for residents.
Rogers will ask the Finance Committee to review the commission’s budget with an eye towards an increase when he meets with them on February 11 at 6:00 pm in the town administrator’s office.
Rounding out the meeting agenda: Mattapoisett Land Trust received a Negative 3 determination to cut a hiking trail off Whaler’s Way; The Preserve at Bay Club sought and received conditions for two lots on Fieldstone Drive and three amended Orders of Condition for two lots on the same street and one lot located on Split Rock Lane. The commission will also request that the owners of residences located at 2, 3 and 4 Seabreeze Lane meet with them to discuss an Enforcement Order for unpermitted activity.
The next meeting of the Mattapoisett Conservation Commission is scheduled for February 24 at 6:30 pm in the Town Hall conference room.
By Marilou Newell
