On June 10 as the Mattapoisett Conservation Commission prepared to open their meeting, Chairman Mike King, in an aside to his fellow board members, said that this was his second to last meeting. King said that his appointment to the commission was ending on July 1 when the new fiscal year began and that he had not heard anything from the selectmen regarding reappointment.
Later in the evening, just before adjournment, The Wandererasked King if he would be approaching the selectmen to seek reappointment. He replied, “No.” King has served on the commission since 2012.
The rest of the evening was spent handling a number of Requests for Determination of Applicability (RDA) and Notice of Intent (NOI) Filings.
The most complex hearing was a filing by Ryan Potter of 7 Melissa Ann Lane whose RDA request for the installation of a 27-foot above ground pool uncovered unpermitted activities.
The Potters had used a space on their property as a dumping area for grass clippings and stones they moved from an area where a goat pen and shed had been constructed. Conservation Agent Elizabeth Leidhold showed Potter on a drawing submitted by the previous owner what had, in fact, been permitted on the property.
The issue for the Potters and the commission was jurisdictional wetlands and buffer zones that had been disturbed by unpermitted activities and that an abutter had questioned the filling in of wetlands and a vernal pool. Leidhold confirmed the existence of the pool.
Abutter Carol Larson, 12 Bayberry Lane, complained that Potter had been filling in wetlands on his property, and although she had no complaint with the proposed pool construction, the threat to the vernal pool was troubling.
King agreed that some activities on the property had disturbed resource areas but thought that the pool could be permitted given it was not within those areas. He suggested, and Leidhold agreed, that action was necessary to remediate buffer zones and protect the pool in question.
Potter was granted a Negative 3 determination for the pool, but was instructed to file an after-the-fact RDA so the disturbed resource areas could be addressed and corrected no later than September 1.
There was also a bit of confusion when Scott Snow’s continued hearing for an NOI filing for a proposed subdivision located off Prospect Road re-opened. Prime Engineering’s Richard Rheaume who has represented Snow and property owners David and Cheryl Morey and Joanne Garfield throughout the nearly yearlong process approached the commissioners.
King addressed Rheaume saying, “We received a note from the Planning Board. … There are still a couple of items to be cleared up.” He continued, “You are free to present whatever you want but until they sign-off, we aren’t going to approve…”
Rheaume responded, “They (the Planning Board) said they wouldn’t approve without you!” He then pointed out on the plan of record those items the Planning Board had wanted spelled out on the plans. King noted the seven waivers that were granted.
After further review, King said, “I can’t see anything ConCom-related that would stop approval.” He then closed the public hearing.
The commission issued an Order of Conditions, which included an operation and maintenance plan for stormwater features that the homeowners association would be responsible for, and that the project could not commence until the Planning Board gave their final decision.
In other business, David and Jennifer Kaiser, 54 Ocean Drive, received a Negative 3 decision for the construction of a two-car garage and two-story addition; Alyssa Kratochvil, 123 North Street received a Negative 3 decision for the construction of an above ground pool.
Wetlands delineation for property located off Park Lane and owned by Andre Rieksts and Scott and Margo Wilson-Atkinson was accepted with the caveat that other wetlands and jurisdictional areas may be uncovered at a future date. The RDA filing was given a Positive 2A decision.
The following cases were continued until June 24: NOI filed by Michael Ward, 26 Meadowbrook Lane, for the construction of a handicap lift; NOI filed by David Kaiser/Kaiser Yachts LLC for repair and improvements to coastal structures; and an NOI filed by the Mattapoisett Land Trust and Georgia Glick for property located at Noyes Avenue and Dyar Road for the eradication of invasive species.
The next meeting of the Mattapoisett Conservation Commission is scheduled for June 24 at 6:30 pm in the Town Hall conference room.
Mattapoisett Conservation Commission
By Marilou Newell