A question over the ownership of a private gravel road slated for paving caused the continuance of John and Roger Gibbons’Notice of Intent during the July 9 Mattapoisett Conservation Commission meeting.
Neighbors who lay claim to ownership of various parts of the 658-foot long road had legal representation contesting the Gibbonses right to pave the road, and also defended the wetlands against “oils and chemicals” that he says could leach from the asphalt.
“I do not agree with the statement that this would be an improvement,” said Attorney Robert Feingold. “From a real human point of view, as well as a wetland value point of view, I believe it’s a step backward instead of a step forward.”
Feingold said Foster Street has been a gravel lane forever, given the “rural orientation” of that neighborhood. Feingold passed out photos and described the street as “rustic, bucolic, undeveloped”.
The main concern for Feingold’s client, Laura McLean, was the leaching components of the asphalt into the wetlands from stormwater runoff, but Conservation Commission Chairman Mike King argued that asphalt no longer contains the same unsavory host of ingredients it once did, adding that he knows this because he works in this field. Furthermore, according to King, even the Department of Environmental Protection, which has already issued a file number for the paving, prefers a paved road to a gravel one.
“I certainly can respect the rural character of the neighborhood,” King said. But as for gravel, any amount of rain, he said, sends sediment into the wetlands while a paver road does not. “As counterintuitive as it may seem to all of you, it is better from a resource perspective that it be paved, because there’s actually less filling in of the wetlands from the materials that continually get added to a gravel roadway.”
And from the DEP to the highway surveyor, King said, “They don’t like us to have gravel roadways. They would rather see paved road surfaces. … It’s kind of difficult, really, for us from a resource management perspective to be opposed to it based on those basises {sic}.”
But it was another neighbor’s concern over right of way ownership rights that continued the hearing for another two weeks, saying the deeds are “very clear”.
“I certainly don’t want to create a conflict if it’s not within my legal right to do so,” King stated, suggesting the commission seek an opinion from town counsel.
However, Attorney Peter Paul, on behalf of the Gibbonses, said the issue at hand that night was the effect on the wetlands, adding, “[The law is] overwhelmingly in our favor as far as our right to pave the road, but if you’d like to submit it to town counsel that’s fine.”
In other matters, the board gave a Negative 3 determination for a Request for Determination of Applicability for Susan and Leo Giguere, 15 Shore Drive, to install a 10’ x 15’ shed.
The commission approved a Notice of Intent for Dan Bungert, River Bend Lane, to constrict a single-family dwelling with driveway, utilities, and site improvements.
The commission issued Certificates of Compliance for: James Babbitt, Jr., 40 Marion Road; Judith Yard, 67 Wolf Island Road; and Michael Amaral, Harbor Road.
The RDA filed by Chris Jaskolla for a new dwelling and deck at 58 Crystal Springs Road was withdrawn.
The next meeting of the Mattapoisett Conservation Commission is scheduled for July 23 at 6:30 pm at the Mattapoisett Town Hall.
Mattapoisett Conservation Commission
By Jean Perry