On October 24, the members of the Mattapoisett Conservation Commission found themselves questioning which permitting entity in Mattapoisett goes first when an applicant is seeking to perform construction activities on their property. Is it the Zoning Board of Appeals or the Conservation Commission?
On the agenda for the evening’s meeting was a Notice of Intent filing by Allan Pineda and Mary Manning for the demolition of an existing office structure at 33 Church Street and the construction of a new single-family dwelling.
The property is located within wetlands jurisdiction due to storm-surge potential. However, the commission had received a letter from legal representatives for abutters located at 31 Church Street, Tom and Mary Bolger, objecting to the application being heard at this time. The Bolgers contend that the Zoning Board of Appeals should be first in rotation in permitting the proposed construction.
Conservation Agent Brandon Faneuf read portions of the submitted letter and portions of the Wetlands Protection Act that relates to permitting processes. There appeared to be conflicting directives in the state document, prompting him to suggest that legal counsel be brought in to settle the matter.
Representing the applicants was Andrew Stackpole of Field Engineering, who concurred with seeking legal guidance in this matter. Commission Chairman Mike King noted that in the 15 years he has been on the commission, “Conservation has always gone first.” The commission will take the matter up once clarification is received.
In other matters, two Requests for Determination of Applicability were approved with Negative Box 2 decisions for a new septic system at 58 Shore Drive, owned by Pauline Mostrom, and at 32 Ocean Drive, owned by Seth and Claudia Hankowski for the installation of an in-ground pool.
A Notice of Intent filed by the Williams Living Trust, 26 Ocean Drive, for the placement of sand for beach nourishment was conditioned.
After considerable discussion of stormwater drainage systems relevant to a Notice of Intent filed by Christian McCullough, 8 Channel Street, the project was accepted after several suggested modifications to the drainage system were agreeable to engineer David Davignon of Schneider, Davignon & Leone, Inc. Additional trenching and plantings will be part of the new plan of record when the case returns to the commission for conditioning.
A Notice of Intent filed by Stephen Schwartz, 48A Shore Drive, for the replacement of pier pilings and jetty boulders displaced during storms was continued to November 13.
Rounding out the evening were two extensions of conditions for two lots located on Dupont Drive and owned by John Gregorio and a Certificate of Compliance for Noyes Avenue and Dyar Street owned by the Mattapoisett Land Trust.
The next meeting of the Mattapoisett Conservation Commission is planned for Monday, November 13, at 6:30 pm.
Mattapoisett Conservation Commission
By Marilou Newell