Enforcement Order Yields Results

            After issuing an Enforcement Order to property owned by Christine Gibbons, 37 Water Street, for use of chemicals in a wetlands resource area, plans are being developed to remediate the damage. During the September 14 meeting of the Mattapoisett Conservation Commission, abutters Jeff Jordan and Chris Ketchel expressed their concerns regarding the type of remediation that will ensue and the length of time it will take to see results.

            Conservation Commission Chairman Mike King said that, given drought conditions, it could take up to a year to see greening results from new plantings along the stream that empties into the Town Beach across the street from the property in question. King went on to say that the property owner had hired Mark Manganello of LEC Environmental Consultants to produce a remediation plan calling Manganello “one of the best” in his field of expertise.

            Ketchel asked who was ultimately responsible for ongoing maintenance of the stream that originates just south of Route 6 as it meanders south through residential properties leading to the ocean. King did not directly respond to that question, instead saying that stones and rocks which Ketchel said were now falling into the stream could have become unstable due to drought conditions. Ketchel wondered aloud if the lack of vegetation could also be a contributing factor. King affirmed that conclusion as a possibility. He also assured Ketchel that the stream has to adequately flow so the commission would ensure that that is the case. King then asked the commission’s agent, Liz Leidhold, to do an onsite review with Manganello.

            In other matters, filings that had previously been opened found closure when orders of conditions and requests for determination were finalized. Cases had been continued in an ongoing effort by the commission to ensure sufficient public discourse as the town continues its use of remote meeting platforms due to COVID-19 restrictions.

            Craig Bovaird’s Notice of Intent received an order of conditions for the construction of an addition to an existing residence located at 26R Pine Island Road. The project also includes the disruption of some 1,900 square feet of resource area countered by 2,075 square feet of restoration area. Plans also include ongoing removal of invasive bamboo plantings. Part of the orders mandates annual reports on both the restoration area and the bamboo removal, as well as the construction of a permanent barrier denoting the wetlands areas.

            Rich Ricco of Field Engineering, representing Norma Klein of 4 Indian Avenue, received an order of condition for an NOI that includes the razing of an existing garage, construction of a new garage, and several smaller renovations and site improvements to the dwelling. Ricco confirmed that all FEMA regulations would be adhered to, saying, “We feel we comply with FEMA for construction in a coastal storm flowage area.”

            Representing several abutters was Brian Grady of G.A.F. Engineering, who said, “Most things have been addressed,” referring to previously aired construction issues brought to light by his colleague Bill Madden. Grady continued, “We appreciate the revisions and the effort.”

            Patrick and Lisa Matthews, Lot 507 Park Place, were once again represented by David Davignon or Schneider, Davignon, and Leone, Inc. for their NOI for the construction of a new single-family home. Hearing no objections from the public on this previously continued filing, the project was conditioned.

            An RDA requested by Brian and Patricia O’Neill for 11 Mechanic Street also drew no public comment when first opened and subsequently continued, thus the project which includes the construction of a 22×25.5-foot garage and 10-foot addition received a negative determination of applicability.

            Continued once again was the NOI filed by Kathleen and William Sylvia, 41 Cove Street, for the construction of a home on a barrier beach. Consulting engineer Richard Charon, representing the applicants, said that he has been studying the issue of beach resiliency as defined by the Massachusetts Department of Environmental Protection and Massachusetts Building Codes. He said he believes that the Massachusetts Building Codes establish criteria for building in coastal zone areas. However, King questioned the need to bring 100 yards of fill onto the site.

            Charon explained that the design included a building-up of dunes as had been done on adjacent properties, adding that the beach association needs to look at beach nourishment overall. When King asked about seagrasses to stabilize the fill, Charon said more fill would allow more grass plantings. Charon also pointed to the fact that the DEP did not offer any guidance on fill other than through narratives on means of construction. He said a grain-size analysis would be done to ensure compatibility with site conditions. The hearing was continued until September 28.

            Two RDA filings earlier in the proceedings received negative determinations of applicability. Those filings were from Kevin LeBlanc for 34 Brandt Beach Avenue for the construction of a 26×24 square foot addition, and, Jay and Julie Duker, 112 Aucoot Road, for the addition to an existing family dwelling and relocation of its septic system. A request to amend an existing order of conditions for minor modifications was granted to Monarch Trust for property located at Lot 50 Pine Street.

            Final business for the evening was approval to Saunders Funeral Home for tree trimming and maintenance in and around detention ponds and drainage features, and, approval to David McIntire to dig test pits for soil studies at 7-17 County Road.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Monday, September 28, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

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