Yard Boss, a local landscaping company, was once again spotted allegedly drawing water from the Mattapoisett River off River Road near the intersection of Route 6. New commission member Trevor Francis recently observed a Yard Boss truck with a hose in the river.
“I drove up the road and turned around to get a picture, but they were already gone when I got back,” he told the other commission members on September 28.
With news of this latest seemingly illegal water taking, Chairman Bob Rogers said, “Yard Boss is not getting the message that this activity is not allowed…. We have to tell them to stop while making everyone aware it is still happening.” He said a letter would be sent to the Massachusetts Department of Environmental Protection and the Mattapoisett River Valley Water Supply Protection Advisory Committee.
“We are trying to get people to stop activities that are polluting the environment,” Rogers added.
But commission member Peter Newton was reticent to send a letter, asking, who has jurisdiction?
“I think we should speak to town counsel,” said Newton. “It’s not clear to me under what authority it is unpermitted.”
Rogers responded, “We should do our due diligence,” while adding, “Put the burden of proof on Yard Boss. If they feel they have a right, they need to show it.”
Rogers continued as if writing the letter aloud, “You don’t have a permit. File for one, or have your lawyer show us it is permitted activity.”
Newton said, “The letter needs to reference specific things that are jurisdictional.”
Commission member Mike King said, “I guarantee they don’t have a DOT valve on that truck … and what about the surrounding bank,” suggesting that chemical pollution might be discharged into the river and that the weight of the truck when fully loaded could damage the riverbank.
The commission members wondered aloud if the public would think to take pictures if they saw a Yard Boss truck taking water from a public source.
During the previous ConCom meeting, Conservation Agent Elizabeth Leidhold brought up the same problem. After hearing from Fairhaven’s Department of Public Works Superintendent Vincent Furtado, she told the commission that Yard Boss had been seen taking water from the river. At that time, they decided to send a letter but apparently that had not been executed. This time, Rogers was clear that a letter would be sent.
“Let them come here if they feel they have a right,” Rogers concluded.
Earlier in the evening, the commission handled a long agenda of hearings.
Paul Silva, 19 Pleasant View Avenue, received a Negative 3 decision for the removal of grass and loam for the installation of a bluestone driveway.
Sharon Thompson, 9 Cove Street, and Eric Morrissette, 11 Cove Street, both represented by Bill Madden of G.A.F. Engineering, received orders of conditions for the removal of leach fields and associated septic equipment no longer needed as the properties will be tied into the new sewer lines that were recently installed in this barrier beach community.
Marc Kaner, 5 Pinewood Way, received a Negative 2 decision for the construction of a shed.
Adam Roderick, 175 Brandt Island Road received an order of conditions for the expansion of an existing deck.
Also on the agenda was a hearing with Michael Esposito and Cynthia Redel, 18 and 20 Ned’s Point Road. Their Request for Determination of Applicability included repairs to an existing pier and the construction of a teahouse and ornamental garden. Rogers wasn’t sure if they should have filed a Notice of Intent versus the RDA. He said that with a NOI, the commission had more latitude in how construction activities over the water could be managed to minimize impact.
The next meeting of the Mattapoisett Conservation Commission is scheduled for October 14 at 6:30 pm in the Mattapoisett Town Hall conference room.
By Marilou Newell
