It took years of legal actions and an Enforcement Order issued by the Mattapoisett Conservation Commission, which was ultimately upheld in court, but on January 25, most commissioners were ready to call the Seabreeze case officially closed.
Daniel Craig’s 4 Seabreeze Lane property was deemed in compliance with an Enforcement Order that required the landscaping to either be removed, replaced, and, in some areas, replanted to return it to its natural state as part of a wetlands systems.
Craig had had native soils and plantings removed and some areas filled to create an expansive lawn area in violation of “no-touch” conditions he had received for some areas along the property’s border. Once it was brought to the commission’s attention by the Buzzards Bay Coalition that unpermitted activities had taken place, an Enforcement Order was issued. Years later, all parties seemed ready to move on.
Chairman Mike King read from two letters issued by the BBC’s attorney, Corrine Petersen, that recognized that the repairs complied with peer-review consultant and environmental engineer John Rockwell’s recommendations. It was noted that Craig and his team, which included another environmentalist, Brandon Faneuf, had followed all the recommendations Rockwell had issued and that, in the BBC’s opinion, a Certificate of Compliance could be issued after two growing seasons.
King noted that Enforcement Orders could either be issued or lifted and that there is no provision that allows the granting of the COC before the order is lifted. Another sticking point was the stipulation of two growing seasons. If the order was lifted, how could that requirement remain in place? King said that the remediation had been completed to Rockwell’s specification and, if the order was lifted, another could always be issued if it was determined that the new plantings had failed to establish and thrive after two growing seasons. Further, King said, the BBC would be observing the site into the future.
Member John Jacobson asked if the Enforcement Order created a problem for the Craigs and asked, “What sort of efficiency does lifting the order create (for the commission)?” But King said several times he was ready to “move on,” as did members Chapman Dickerson and David Lawrence. The majority ruled, and the order was lifted.
In other business, the commission continued a Notice of Intent filed by Jackie Firsty, 61 Long Plain Road, in partnership with Blue Wave, LLC for an access road off Long Plain Road to a proposed solar array located in Acushnet.
Jeffrey Haywood, 18 Nashawena Road, received a negative determination of applicability for the construction of a deck addition to an existing dwelling within a flood zone.
The Preserve at The Bay Club, lot 121 Split Road, received an Order of Conditions in a re-opened public filing for the construction of a single-family home.
Dan Wells of Goddard Consulting, LLC, representing Gerald Randall for property located adjacent to Route 195, was informed that a peer-review consultant would be needed for the Abbreviated Notice of Resource Area Delineation filed by Aaron Halimi. The sheer size of the area needing wetlands delineation certification warranted the additional review. “It’s in everyone’s best interest,” said King, adding that bids would be requested from three engineering firms, and the matter would be taken up again on February 8.
Another solar project, Randall Lane, LLC, was briefly discussed. King said that many abutters had called the office with concerns primarily around the use of the historical stone bridge and the conditions and impact to existing dirt roadways into the designated area from the lane. He said that a new plan of record had been received and that it noted an intermittent stream and other wetland features not previously recorded. The filing was continued until February 8.
Also continued to February 8 was an NOI filed by Alexander Bauer, 7 Nashawena Road, pending DEP review.
Conservation Agent Liz Leidhold told the commission that work planned on a solar array situated at the town’s landfill will commence soon, now that wetland flagging is complete.
The next meeting of the Mattapoisett Conservation Commission is scheduled for February 8 at 6:30 pm.
Mattapoisett Conservation Commission
By Marilou Newell