The June 9 agenda for the Mattapoisett Conservation Commission looked fairly tame. However, the commissioners were soon deep into a variety of wetland related issues from unpermitted clearing, to after-the-fact filings.
In the category of after-the-fact filings was the Notice of Intent (NOI) filing by Robert Beauregard, 2 Jowick Street. In this continued application Bob Rogers of G.A.F. Engineering once again represented the applicant. It had been discovered by the commission that a number of landscape modifications had been performed within jurisdictional areas. Boat stands, a small bridge over a stream, and outdoor electrical wiring were some of the modifications the commission wanted to review with the property owner. Rogers added that since 1978 the subject property had been heavily modified.
Now after Rogers consultations with his client a new plan of record was submitted that noted a number of many modifications and other matters much to the agreement of the commission. An order of conditions was drafted that includes a drawing of the bridge, no piling/filling of lawn waist or clippings on the property, and that the electrical had been inspected, signage that shows wetland limits, and approval by the wiring inspector for outdoor wiring.
This NOI filing prompted further discussion regarding the recording of Orders of Conditions. Rogers said that he was unable to locate recorded Order of Conditions. The commission agreed with Rogers that such recording was necessary and part of the process for receiving a Certificate of Compliance that would be recorded against the deed. Further decision on this matter is planned.
We found the following published on the state’s website: “In Massachusetts, an Order of Conditions issued by a Conservation Commission for projects involving wetlands or riverfront areas must be recorded at the appropriate Registry of Deeds. This is typically done after a 10-day appeal period if no appeals are filed.” The recording process is part of the Certificate of Compliance all of which is intended to protect wetlands and that property modifications adhere to jurisdictional standards.
An Enforcement Order issued to Colin Lebrie, 7 Hollywoods Road for unpermitted land clearing resulted in Lebrie agreeing to all comments made by commissioners making a site visit which included the filing of a Notice of Intent.
In other matters a Request for Determination of Applicability filed by Mark and Jeanne Connon, received a negative 2 decision.
65 Mattapoisett Neck Road for an in-ground swimming pool was continued to give the applicant time to consider storm water and tree planting options with the engineer. Tree clearing has been performed on the site prompting abutters to register concerns.
An in-ground pool located at 65 Mattapoisett Neck Road, Mark and Jeanne Connon, received a negative decision.
A Notice of Intent filed by Thomas Holt, 39 Mattapoisett Neck Road sought approval for a revised plan of record. A reduction in the scope of work is now planned. The filing was continued however when abutters questioned storm water drainage plans now that the site was essentially been cleared of trees. Engineer David Davignon of Schneider Davignon and Leone said he wished to consult with Holt before agreeing with an Order of Conditions on his behalf. A two-week continuance was granted.
There was a brief discussion regarding public access to public property located on the barrier beach along Cove Street. Chairman King said there are two parking spaces and was a prime location for shell-fishing. King said that residents of the area have responded negatively to the public access including putting up their own “NO PARKING” signs. He said he would work with the Highway department for appropriate signage.
The next meeting of the Mattapoisett Conservation Commission is planned for June 23.
Mattapoisett Conservation Commission
By Marilou Newell