Land Trust May Appeal Decision

            A Notice of Intent filing from Beth and David Oberlander, 7 Angelica Avenue, was attended by Mattapoisett Land Trust president Mike Huguenin, who represented the organization’s interest in the filing as an abutter to the Oberlander’s property during Monday night’s public hearing held by the Mattapoisett Conservation Commission. Oberlander represented himself and is a principal partner of BDO Engineering in Mansfield.

            The filing notes proposed plans to raze an existing cottage and construct a new, elevated dwelling with associated grading and site work, a deck and the installation of solar panels. It was the issue of possible leveling and adding fill to the site that sparked a debate between Oberlander and Huguenin.

            After a rather straightforward presentation of the facts by Oberlander, the issue of stormwater flowed into the discussion. Huguenin requested the opportunity to sit down with Oberlander to discuss stormwater-management systems to ensure that water doesn’t flood onto MLT property, but Oberlander held that it was the other way round, water floods his property from the MLT lot. Oberlander stated several times that water coming from the MLT lot floods his yard so much that it has rotted out the cottage in some locations. This singular issue was debated for nearly 30 minutes.

            Commission Chairman Mike King and the other commissioners believed that Oberlander had presented sufficient details warranting the issuance of an Order of Conditions after closing the public hearing.

            Huguenin, who attended via Zoom, said the remote system had not allowed him to speak before the hearing was closed; he requested a continuance to give the MLT and Oberlander time to sit down and hash things out before issuing the conditions. King reminded him the public hearing was closed, prompting Huguenin to say, “I’ll have to appeal.” The commission voted to issue the Order of Conditions.

            In other business, requests for determination of applicability receiving negative decisions included Alexander Ablon, 4 Island View Avenue, for the after-the-fact filing for nonnative plant removal with permits. King used the case as an opportunity to remind the public to check in with the commission before executing landscaping and other projects that may fall under the Wetlands Protection Act.

            Ray Hanks, 18 Crystal Springs Road, received a negative RDA decision for a septic repair, and Andrew and Jennifer McIntire, 31 Water Street, received the same for structure repairs and modification to their property.

            A RDA filed by Douglas Peck, 33 Antassawamock Road, received a negative decision, as did a filing by Timothy and Carolyn Kelley, 2 Windward Way.

            Commission member David Nicolosi recused himself for a Notice of Intent filing for Double N Farm, 0 Marion Road, property owned by Nicolosi. He plans to remove some trees and prepare 5 acres for the planting of native grasses such as alfalfa. A continuance was granted to allow for agricultural planning.

            Amended orders of conditions were granted to Fred Danforth and Carlene Larsson, 2 Brandt Island Shores, and Goodspeed LLC for 1 Brandt Island Shores, as both for planned stone-revetment repair needed due to storm damage.

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

Mattapoisett Conservation Commission

By Marilou Newell

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