Property Clean-up Within Boundary Lines

During the Mattapoisett Conservation Commission’s meeting on August 22, the owner of a soon-to-reopen new restaurant located at 79 Fairhaven Road (Route 6), Nabah Mougabber, came before the commissioners saying, “We own beyond where we have cut.”

Abutter Fred Wyze and his family located at 3 River Road had complained to the commission during the July 25 meeting that Mougabber had cleared brush and trees, some of which Wyze contended were on his property, and thus eliminated the natural shielding of a view of the back of the restaurant, shielding they had enjoyed for years.

Chairman Bob Rogers suggested to Mougabber that he have the restaurant property’s boundary lines delineated and to file a Request for Determination of Applicability since the entire property was within jurisdictional areas, mainly flood zone and the Mattapoisett River.

On this night, Mougabber was back with an update. He said that he has had the property surveyed and learned that property lines were beyond areas where brush clearing had taken place.

“We own beyond where we cut,” Mougabber explained. He said that vines were killing what trees were actually behind the building and that, “We want to make it nice and neat for the neighborhood.”

Mougabber lamented negative comments he and his family had received via Facebook postings. He said, “I’ll let that slide. If it keeps up, they will hear from my lawyer.”

Mougabber said, “We’re not asking too much,” regarding his right to clean up the property in question. He also said that apparently the other restaurant situated next to his had also completed some brush clearing and that activity, not his, had used heavy equipment for more extensive clearing. Mougabber asked the commission for guidance.

“What’s our right? What can I do and not do?” He continued, “We didn’t touch anybody’s property,” Mougabber told the commissioners. “We now know we own more than what we thought.”

Rogers said, “Disputes between neighbors we try to stay out of,” and he told Mougabber there was a process for that outside the Conservation Commission. Rogers also said that, moving forward, Mougabber should contact the Conservation Commission whenever work was to take place on the property to ensure compliance with wetlands regulations.

Mougabber’s RDA received a Negative 3 determination, meaning no Notice of Intent is required.

Other business conducted included a Negative 3 determination for Marjorie Coldwell’s RDA filing for construction of a non-structural concrete slab under an existing raised cottage located at 21 Beach Road.

Roger Tenglin, 124 Aucoot Road, received a Negative 2 determination for the removal of a cabin.

Forrest Neal, 16 Brandt Island Road, met with the commission regarding his RDA filing for the construction of a shed. He received a Negative 3.

The Preserve at Bay Club represented by Jason Youngquist of Outback Engineering requested and received approval for changes to the plan of record for two home sites located on Fieldstone Drive. Original plans changed to slightly larger structures with no impact on previously issued Order of Conditions.

Also on the Bay Club acreage, David McIntire’s request for extensions to existing orders of conditions for lots 78A through 90 at Shagbark Circle was continued for two weeks to give him time to have wetlands flagging re-established.

A new plan of record was accepted from Blue Wave Capital for modest edits that included possible intermittent streams and other wetland features at the future solar array site located on Crystal Spring Road.

The next meeting of the Mattapoisett Conservation Commission is scheduled for September 12 at 6:30 pm in the town hall conference room.

By Marilou Newell


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