Compliance Debated after Decision

            A seemingly routine piece of the Mattapoisett Conservation Commission’s Monday night business, a request for a Certificate of Compliance filed by Howley Living Trust, 1 Waterman Street, was objected to by abutter Diane Simonelli. However, before Simonelli could ask questions, the commission had approved the certificate. Supporting the request and certifying its compliance was David Davignon of Schneider, Davignon & Leone, Inc.

            Simonelli asserted that the project did not comply, as fill used on the site exceeded the Order of Conditions. She also pointed out that roof drains and air-conditioning units encroached on her property. She asked that a scan be completed on the site to either confirm the fill levels are correct or not. She questioned Chairman Mike King on whether it is in the purview of the commission to ensure such matters as reported are in compliance.

            King said he had driven by the site and, to his eye, everything looked to be in order. Simonelli said that the human eye could not discern the level accurately and again requested a laser measurement be employed.

            King said the board was not going to make the property owner spend money, that it was satisfied all was well, and then asked Simonelli, “Where have you been?” He said she had been added to the agenda at her request for a month but never appeared.

            Simonelli’s request was on Monday night’s meeting agenda but listed after the hearing for the Certificate of Compliance; it was listed under Walk Ins/Oral briefings, 1 Waterman Street, (Map 5.a, Lot 218) (Simonelli) (SE44-1439) – drainage discussion.

            Simonelli said she was concerned that with too much fill water would drain onto her property. Christian McCullough, the general contractor for the project, confirmed that the fill amount was correct and that a laser level had in fact been used. Simonelli continued to question King on the matter, prompting him to say she could appeal the commission’s decision. He also said that the commission did not have to open COC requests for public vetting. “We are moving on,” said King.

            In other business, Mike Esposito, 18 Ned’s Point Road, received a Negative Box 2 decision for his Request for Determination of Applicability for improvements and repairs to an existing seawall.

            A Notice of Intent for a restoration plan submitted by Peter Franceshina, 58-60 Pico Beach Road, received an Order of Conditions. The applicant was represented by LEC Environmental Consultants.

            A continued NOI for 80 Mattapoisett Neck Road, owned by Lisa Mueller Trust Declaration, for the construction of a residential pier was also conditioned.

            David Monteiro, 35 Mattapoisett Neck Road, was granted a Certificate of Compliance.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Monday, August 14, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

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