Enforcement Orders Punctuate Meeting

A light February 14 agenda for the Mattapoisett Conservation Commission was heavy with Enforcement Order follow-ups.

            The commission’s contract agent, Brandon Faneuf, reported on four previously issued Enforcement Orders, not the least of which is the subdivision known as Brandt Beach Village. Commission member Trevor Frances had photographed site conditions that concerned the commissioners, displaying the apparent absence of a conditioned turtle barrier and collapsed erosion controls.

            Faneuf said that he had had a conversation with the town’s peer-review consultant for the project, Ken Motta of Field Engineering. Conservation Commission Chairman Mike King stated that it was necessary to have an all-inclusive discussion with the commission, property owners and Motta to ensure that Motta’s checklist of to-do items is being addressed.

            Faneuf questioned septic systems associated with the project, commenting that it is necessary to confirm that house lots in jurisdictional areas would be adequately serviced by the community septic system. Faneuf also said it is an open question as to whether or not individual notices of intent must be filed for lots in Phase 2.

            An Enforcement Order for unpermitted vista pruning at 58 Pico Beach Road on property owned by Peter Franceschina was discussed, as no word had thus far been received regarding the progress of restoration in the area where cutting had taken place.

            It was noted that when the order was sent to Franceschina last November, the property owner had met with the commission and understood why such cutting was against wetland regulations and/or the need to secure local approvals. Since that time, nothing had been heard from Franceschina. The commission would follow up with a telephone call, it was determined, before taking any further action.

            Another Enforcement Order pending completion had been issued to Brendan Talty for an unpermitted shed. King said a call to the property owner is needed to ascertain his steps in bringing the construction of a shed in a jurisdictional area into compliance.

            In other business, the commission met with Mark Connon for a pier located at 65 Mattapoisett Neck Road. King said the commission had no issues with the plan of record as long as the required Chapter 91 permitting was secured. “It’s in keeping with the waterfront in that area,” he said. Further action was pending the issue of a waterways license.

            A request for a Certificate of Compliance requested by David Meeker, 93 Mattapoisett Neck Road, was tabled until such time as Meeker can certify that a replication area has been successfully completed. Meeker said that he was not aware of the open order of conditions when he purchased the property. King commented, “That happens all the time.”

            There was a discussion between King and Faneuf as to the necessity of the property owner hiring a wetland scientist to confirm compliance or other measures needed to secure compliance. It was unclear to King if the order of conditions stipulated such certification. In the end it was determined that an expert is indeed needed to weigh in on the project.

            A Request for Determination of Applicability by Waldron Realty Trust for the construction of a shed in a flood zone at 32 Pico Beach Road received a negative decision.

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

Mattapoisett Conservation Commission

By Marilou Newell

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