Project Requires Wetlands Destruction and Replication

After the hurricanes of 1938 and 1954 blew away the first and then second home built at 31 Shawmut Road, the latest property owner, Giovanni Cimino, is ready to build a third house with a slightly-altered plan previously denied by the Mattapoisett Conservation Commission but approved by the Massachusetts Department of Environmental Protection.

Piggy-backing off a prior 2010 plan denied by the commission, appealed, and then approved by the DEP, Cimino went before the commission on November 14 with a variation of that original plan that this sitting commission approved, pending DEP re-approval.

Engineer David Davignon gave a brief history of the property and the Notice of Intent to build a single-family house on the land, and proceeded to go into the details of the DEP-approved destruction of about 6,000 square feet of existing wetlands on the property, according to commission Chairman Mike King, in order to accommodate the project, of which 2,380 square feet will be replicated on another part of the property.

The project was again before the commission after the superseding Order of Conditions the DEP issued had expired, and the plan the new property owners now offer is somewhat different, with the replicated wetlands now proposed at a different location and with 280 more square feet added to now total 2,618 square feet.

This new replication project straddles two properties – Cimino’s and his abutting neighbor’s, who supported the new location given that the prior plan had the wetlands almost encroaching the front entryway to his house.

The DEP still needs to approve this new version of the plan, and Davignon acknowledged that there was just a slight possibility that the DEP might deny the change and enforce the prior plan.

“They more than likely would issue an enforcement order that that plan be completed,” Davignon specified.

“It would defy common sense that they would go back to the original plan just because of the differences in the grade,” King commented.

With the commission’s approval, Davignon was issued special conditions to abide by, including the flagging of the wetlands in a number of areas relevant to the work area, especially since Conservation Agent Elizabeth Leidhold had yet to approve the wetlands line. Another condition is that the wetlands replication must be completed by June 30, 2019.

“I feel good that there’s two neighbors who are willing to work together or have a better result in the resource areas between the two properties,” said King. Usually, he added, it is more common for neighbors to “butt heads” over projects.

            In other matters, the commission rendered a Negative 3 determination for the Request for Determination filed by Mello, 1 North Street, for a mud room addition and garage extension in the Velocity Zone. The commission added one special condition to notify the conservation office before work commences.

Karl Pothier, 2 Holmes Street, received a Negative 3 determination for a Request for Determination to demolish an existing structure and foundation in the Velocity Zone. The commission added one special condition to notify the conservation office before work commences.

The RDA for Gail and Carlos Freitas of Brandt Island Road received a Negative 2 determination to construct a new single-family house and driveway with grading.

Aaron Bates of 9 West Hill Road received a Negative 3 determination for his RDA to construct a 10-foot by 20-foot shed.

Albert Audette, 8 Crestfield Road, received a Negative 3 determination for the installation of a new 15-foot by 34-foot in-ground pool to replace an existing aboveground pool and fence. There remains an outstanding Order of Conditions that the applicant said would be addressed immediately with the assistance of engineer Bob Rogers.

The NOI filed by Patricia Cunniff, 9 Avenue A, to re-permit septic system repair work previously authorized by the DEP was issued an Order of Conditions to upgrade a cesspool to Title V compliance with the installation of a septic tank, pump chamber, and leaching area.

The continued public hearing for the RDA filed by Mattapoisett Land Trust for Hammond Quarry was not heard and was again continued until the next meeting, and the continued public hearing for a Request for Certificate of Compliance filed by Tiffany and John Shokro of Harbor Road was not heard and was also continued until the next meeting.

The next meeting of the Mattapoisett Conservation Commission is scheduled for December 10 at 6:30 pm at the Mattapoisett Town Hall.

Mattapoisett Conservation Commission

By Jean Perry

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