Brandt Point Village to Seek Legal Action

At the end of a very long evening of applications and hearings, Curtis Mello, a principal in the sub-division named Brandt Point Village, came before the Mattapoisett Conservation Commission to discuss the replication area required in their permit. After some discussion regarding the best season in which to begin the construction work, Mello received approval to have that replication work completed by the end of September. During the discussion, he also shared that Brandt Island Realty Trust plans on seeking legal action on the decision from the Planning Board to decline an amendment to their permit that would increase the number of bedrooms in the homes from two to three. Mello said that they need the more marketable three-bedroom units in order to make the sub-division attractive to buyers. He said it is their position that the number of bedrooms cannot be regulated by the Planning Board but by the DEP and the capacity of the septic system.

Another matter before the commission, one which garnered significant time, was a request for an amended order of conditions filed by Daniel and Daneen Eilertsen, 20 Water Street. They were seeking to extend an upper level plateau an additional 29 feet on the harbor side. They have removed from their plans a pool and patio area on the seaward side of the property and have begun work on a long-neglected seawall and pier. ConCom members viewed the request as acceptable, given that wave action and associated energy from storms would be lessened with this type of earthen structure. However, Raymond Cebula, an interested party, wasn’t convinced. Lengthy discussion ensued, with various commission members attempting to assuage Cebula’s concerns that such a structure would actually increase the possibility of ocean surge reaching across Water Street with oceanographic knowledge of wave action. Cebula remained unconvinced. He also questioned why a project he was involved with on Mattapoisett Neck was not allowed to bring in fill, yet this project was. The commission members speculated that maybe there were other considerations that made his project less viable for the introduction of fill. After answering all his questions, ConCom moved to amend the order of conditions to allow the extension after the completion of the seawall repairs.

Blue Wave LLC’s Aidan Foley and engineer Rick Charon were back before ConCom to discuss their continued work with peer review engineer Gary James, storm water management plan updates, and traffic noise studies on their proposed solar farm on Crystal Spring Road. Foley said that by the next meeting on July 14, they hope to present the full traffic noise study. Charon said that he thought by that day they would also have received a final report from James. With those pieces of information in place, the applicant will return in the hope of receiving a negative finding from the commission so the project can move forward to the next stage – going before the ZBA on July 17.

In other business, Brian Grady of GAF Engineering discussed the ongoing review of storm water management problems at the Appaloosa Lane sub-division. Grady didn’t have any conclusions to share at the present time. He said that by the July 14 meeting, he would have better evidence to determine the water table issues and plans for improving storm water drainage. Once again, abutters complained bitterly about the longstanding and ongoing problems with water running onto their property from this sub-division. Chairman Peter Newton said that they needed to give the engineer and developer an opportunity to work through the problems in order to come up with a plan.

Also on the agenda: Robert Ball received permission to trim trees in wetland areas at 7 Oakland Street, as allowed by the homeowner; Richard Machnowski, 43 Shore Drive received a negative 2 finding for the installation of a new septic system; Susan and Kenneth Rocha, 4 Kyla Way, received a negative 3 finding for NSTAR to install a gas line to their home; and Raymond Cebula, 3 Shore View Avenue, received a negative 3 finding for the installation of a new fence.

The next meeting of the Mattapoisett Conservation Commission is scheduled for July 14 at 6:30 pm in the town hall conference room.

By Marilou Newell

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