Bay Club Presents Long List of Applications

            With a tall stack of project folders towering before him, Mike King, chairman of the Mattapoisett Conservation Commission, made the command decision to take public hearings out of order from the agenda in an effort to expedite matters before the commission.

“Looks like we won’t be getting home before 9 tonight,” he commented to his fellow commissioners.

The fact that the Bay Club had some 22 public hearings listed certainly made it seem like a late night was assured. That was not to be the case.

At 6:30 pm, King began by hearing from Scott Snow whose Request for Determination of Applicability for approval of a wetlands delineation for 6 and 8 Prospect Road was swiftly granted.

Then came two Notice of Intent filings represented by Robert Field of Field Engineering. Michael Smith, 6 Whaler’s Way, sought and received conditioning for his Notice of Intent filing for the construction of an addition to an existing single-family home, and Edwin Fernandes’ NOI for Brandt Beach Avenue lot 13 for the construction of a single-family home got a similarly swift approval.

A Certificate of Completion requested by Kristin Demong, 6 Cecilia Avenue, was in the fast lane as well and was issued.

Then came the Bay Club.

Jeff Youngquist of Outback Engineering came before the commission and together they carefully processed the mountain of engineering plans and associated paperwork needed to permit the massive construction project planned for the Split Rock Lane neighborhood inside the Preserve at Bay Club.

Investors and owners had decided more than a year ago to change development plans from single-family homes to duplexes to meet market needs. It was determined that smaller residences were in higher demand than multi-bedroom single-family residences. This decision required that all the lots be re-engineered along with all the footprints for buildings.

This gave the Conservation Office a bit of a headache as lot numbers established no longer aligned with the Accessor’s Office documentation; they were different then those reflected on the new plans. King cautioned Youngquist that plans had to reflect the proper lot numbers and any approvals received would reflect that necessity.

One by one, Request for Determination of Applicability for lots 123 through 139 were discussed. King reminded Youngquist that RDAs required clearance from the Massachusetts Wildlife National Heritage & Endangered Species Program. For those lots pending such clearance, a continuation was requested. Others received Negative determinations, meaning the work would not take place within the wetlands.

Six Notice of Intent filings were then considered. Of this group only one required a continuation as, again, it was pending review from Natural Heritage, as well as water quality tests that the owner had requested. The continued case included lots 132,133,134, and a right-of-way. All others received standard and special Orders of Conditions.

To release many of the lots reviewed on this night from the original Order of Conditions previously requested and received, Certificates of Compliance were requested for lots 124 through 132 for work not started. Those were swiftly approved.

The commission’s secretary, Teresa Austin, questioned Youngquist on how owners of the duplex structures would handle obtaining Certificates of Completion when only one Order of Conditions was being requested for lots that would eventually have two deeds. King said that was out of the commission’s purview, while Youngquist agreed it could be sticky.

In the middle of Youngquist’s public hearings, two applicants for cases heard earlier in the evening arrived.

Apparently, the Field Engineering office had erroneously advised two clients that their cases were to be heard at 7:30 pm versus 6:30 pm. King instructed Austin to contact legal counsel for guidance on how to proceed saying, “It is incumbent upon us to take in public comment.” While Robert Field did represent his clients, because the clients were not present for their hearings at the proper time, concern over statuary regulations was prompted.

As the meeting drew to a close, King asked the commission to vote for the purchase of municipal identification badges to be used by commissioners when making site visits. He said that there have been times when builders questioned his authority to be on a construction site and he felt a more official identification would assuage concerns versus a baseball cap that presently is the sole identification. The commission agreed to the estimated $200 expense.

The next meeting of the Mattapoisett Conservation Commission is scheduled for January 28 at 6:30 pm in the Town Hall conference room.

Mattapoisett Conservation Commission

By Marilou Newell

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