The October 25 meeting of the Mattapoisett Conservation Commission got off to a bit of a fiery start when a Request for Determination of Applicability for property at 0 Marion Road, owned by David Nicolosi, was heard. Represented by Bill Madden of G.A.F. Engineering, Nicolosi’s application sought to determine if the 3-acre parcel is subject to the Wetlands Protection Act.
Madden described the topography and vegetation features of the property and argued that the drainage systems, both natural and man-made, do not constitute true wetlands features. “There are pockets that can hold water; there is an inlet and an outlet, but no basin,” he explained.
Brandon Faneuf, the town’s environmental consultant, said, “I didn’t see any area holding any significant water.… There are signs of wetlands on the other side of the street but no signs of streams.”
The matter of an existing permit previously granted the applicant but not closed out was raised, but only relative to its impact on decisions made by the commission on this night.
But when given the floor, abutter Beth Underwood, 16 Chapel Road, began to share the property’s long history, including a 1930s decision by the Army Corps of Engineers that the parcel was not buildable.
For Chairman Mike King, Underwood’s comments were not essential to the matter before the commission. “It doesn’t matter who owned the property or what happened before.… This is not a debate, it’s a public meeting,” said King.
In a follow-up, Underwood said that for decades residents in the area and the Mattapoisett Land Trust have been trying to preserve the parcel from development. “But the owner was able to get the property declared buildable at Town Hall,” she said. The existence of an old foundation may have resulted in that classification, Underwood shared.
Madden confirmed that his client has no immediate plans for the property. The commission unanimously voted to grant the applicant a negative determination for the issue of jurisdiction and a positive determination (requiring a Notice of Intent filing) for the open RDA for the boundary delineation that Faneuf confirmed as accurate.
A Cove Street barrier beach Notice of Intent for the construction of an elevated residence for owner David Ricci was reopened and represented by Bob Field of Field Engineering, who said the state Department of Environmental Protection (DEP) had no comments. But Faneuf presented environmental impact standards for the commission’s consideration should it plan on conditioning the project.
Faneuf listed points to weigh, including whether dunes, the movement of sands, dune forms, vegetated cover, or bird nesting habitat would be impacted.
The general sentiment of the commission and the engineer was that, with the exceptions of vegetation and bird nesting, other natural features would not sustain significant impact. Faneuf said, “If you allow it, not much of anything can be under the house.” He also pointed out that the removal of Japanese knotweed might be considered to allow for native species to grow. It was decided that further review between Faneuf and Field may produce positive results in terms of the natural environment. The case was continued to November 9.
An NOI filing by Alexander Bauer, 7 Nashawena Road, was once again discussed by the commission, this time at the applicant’s request to amend a previously granted Order of Conditions.
King said that abutter, and state representative, Bill Straus has appealed that decision.
In the October 25 meeting, the matter of a stand of vegetation was being discussed between the applicant’s attorney and Straus as a possible compromise if the shrubbery remains in place. The site plan had called for its removal.
Faneuf wondered aloud if the commission could amend an Order of Conditions being appealed and suggested, since it was a minor change, leaving the bushes in place; the matter could be handled as a minor modification when the applicant is ready to seek a Certificate of Compliance.
Ryan Amato’s NOI filing for 0 Park Lane was conditioned with the additional documentation requested by Faneuf of a “finding of facts” and a narrative of the project.
Also continued to November 9 was an RDA filed by Randy Alexander, 7 Wolf Island Road, and an NOI filed by James and Sharlene Craig, 0 Aucoot Road, for the construction of two residences.
Faneuf was asked to review the site conditions at 23 Randall Road for suspected erosion and subsequent sediment movement near possible jurisdictional areas. Faneuf stated, “If a single grain of sand reaches (jurisdictional areas), then you have authority.”
The next meeting of the Mattapoisett Conservation Commission is scheduled for Tuesday, November 9, at 6:30 pm.
Mattapoisett Conservation Commission
By Marilou Newell