ConCom Moves to End Contempt Complaint

            With legal fees still mounting, years of legal wrangling, and an enforcement order that just might finally be upheld by the property owner, Mattapoisett’s Conservation Commission discussed a request by Daniel Craig of 4 Seabreeze Lane to lift the enforcement order.

            Coming before the commission during its November 9 meeting was town counsel, in this matter, George Pucci of KP Law. After giving a brief history of what had transpired going back several years when an enforcement order was issued to Craig to restore wetlands and other jurisdictional areas, Pucci asked the commission to consider its next steps.

            At the Seabreeze property located near Eel Pond, Craig had landscaped a large swarth that the commission had intended and ordered to remain as a “no-touch zone.” The commission’s efforts to gain Craig’s cooperation in ceasing activities and restoring the disturbed wetlands were met with legal action. The Buzzards Bay Coalition joined the town in defending the Enforcement Order.

            Subsequently, the case found its way to Superior Court. In 2019 former Town Administrator Mike Gagne told The Wanderer, “This is an interesting case.” Gagne said Craig appealed an enforcement order issued by the Conservation Commission to the Department of Environmental Protection. The DEP upheld the enforcement order; Craig has subsequently appealed the DEP ruling, sending the case back to Superior Court.

            Pucci said on this night that the court was now waiting to learn if Craig had complied with the court’s decision that the town’s order was justified and enforceable. He asked if the commission was willing to remove a “contempt complaint,” given that it now appears that Craig has completed some of the restoration requirements imposed via the enforcement order. The issue at hand now is whether or not the density of plantings agreed upon was, in fact, planted.

            Chairman Mike King said, “After a long road, it appears we are headed in the right direction.” But the town’s wetland scientist, John Rockwell, disagreed that planting density was sufficient. King asked for more time to review Rockwell’s report. King said that the enforcement order would remain in place for at least two growing seasons to ensure the restoration plan matures.

King asked the commission to vote whether to lift the contempt filing, which he believed would save the town additional legal fees, or leave it in place until everything is planted to Rockwell’s satisfaction. The commission moved to dismiss the contempt complaint.

            However, the Buzzards Bay Coalition disagreed. BBC attorney Korrine Petersen said, “There have been five years of litigation, and it wasn’t until the contempt was filed that things were being done.” She expressed concern that by dropping the complaint, restoration work would stop.

            Also weighing in was Town Administrator Mike Lorenco, who urged the commission to stay the course, given the amount of investment the town had already made to gain Craig’s cooperation. Lorenco said the town hired Rockwell at the direction of the Board of Selectmen. “There’s been five years of litigation paid for by the taxpayers. It would be a shame not to see this through to the end,” he stated.

            Pucci said that, despite the commission’s desire to drop the contempt complaint, that did not mean the BBC would have to as well. Their involvement is a separate legal matter, albeit based on the town’s enforcement order. The discussion was continued until November 23.

            In other matters, RDAs filed by Judith Selwyn, 47 Mattapoisett Neck Road, for the construction of an addition on existing columns, and another filed by 20 Ned’s Point, LLC, to construct a swimming pool and patio area, both received negative determinations of applicability.

            Donna Downey Trust, 16 Water Street, filed a Notice of Intent to construct a 74-by-14-foot deck. It was continued until November 23 to allow sufficient time for abutter comment.

            Continued public hearings also included Randall Lane Solar, LLC. King said that the commission’s use of a third-party peer-review consultant would only be for the delineation of wetlands. He noted that several other oversight agencies had yet to return comments. The filing was continued until November 23.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for November 23 at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

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