On September 11 in a rare but necessary move, the Mattapoisett Board of Selectmen appointed one of its own, Selectman Tyler Macallister, to the Mattapoisett Conservation Commission.
The commission has been struggling to make a quorum in recent months as several of the volunteers to this very busy town board have stepped down. Calls to the public for new members have gone unanswered, while the business of protecting wetlands has continued to increase. To date, the Selectmen’s Office had not received a single letter of interest.
But those concerns were put aside as Macallister stepped into the packed town hall conference room and put to good use his experience in the role of a Conservation Commission member, having served the town in this capacity between 2005 and 2011.
It didn’t take long for things to get a bit complicated and contentious, as Bruce Rocha’s two Notice Of Intent hearings got underway.
Rick Charon of Charon & Associates began the hearing by discussing fill that had been spread across the length of the long, narrow lot located on Mechanic Street but bearing a Barstow Street legal address.
He explained that due to a remapping of FEMA floodplains, the planned single-family dwelling would have to be raised about 16 feet to meet the agency’s regulations. There ensued a nearly hour-long and at times combative exchange between abutters and commissioners over the issue of clean fill and volume of fill.
Charon explained that when Rocha purchased the former site of the well-known Presto Press, FEMA maps had not included it in the floodplain, therefore allowing Rocha to file an application for a Special Permit with the Zoning Board of Appeals versus first clearing the project through the Conservation Commission. That application was approved. Now that the property fell under the jurisdiction of the ConCom, Rocha needed to modify plans to meet FEMA regulations, hence the necessity to built-up the site.
Charon said, “Currently there is too much fill on the site. Fill will be removed.” He also explained that FEMA allowed the process of building up house lots and that the home would not have a basement but a crawl space only.
Conservation Commission Chairman Mike King advised everyone that the Massachusetts Department of Environmental Protection had submitted their review with “no comments” on the project because there was an absence of any wetlands on or near the site.
But abutters held concerns over whether or not Rocha had had a permit for the filling operation, the quality of the fill, and concerns over stormwater management.
Mark Pelson, 11 Barstow Street, suggested the Town should walk the site to inspect the fill for impurities, as well as the grade of the property he alleges is higher than abutting properties.
Charon responded, “There are no wetlands, so erosion controls are not required. The fill will be reduced in elevation and the fill will be cleaned.”
The debate continued as abutters questioned the sequencing of Rocha’s applications to the ZBA and ConCom, and whether or not the fill was contaminated.
Matt Michaud, 30 Church Street, spoke at length about alleged asphalt chunks in the fill, and how he is concerned about any health hazards it could cause. Michaud said water running off the site could contaminate his lot, and cautioned the Town that it could be held liable should the project go forward, and that he had enlisted the services of an attorney.
In his defense, Rocha said, “When I bought the property, it was not in the floodplain … it didn’t come up, that’s why I went to the ZBA first.”
Macallister responded, “The permit issued by the ZBA for the lot was when it was not in the floodplain,” but now, “…we’ve got to deal with the proper guidelines.”
In an effort to bring some clarity to the process at hand, Macallister said the first thing that needed to be determined was the issue of stormwater. But he also made it clear to the group that, “He (Rocha) has a right to build a home. It’s going to take some effort.”
King said, “We aren’t going to allow a project to go forward that negatively impacts others.”
The hearing was continued with Charon charged with returning on September 25 with information on surrounding lot elevations and plan modifications that detailed grass swales around the property.
Macallister warned the abutters, saying, “I’ll be very surprised if DEP says the soils are contaminated.” He shared that the DEP considers fill to be clean, even when containing asphalt tailings. He said he would call the DEP the following day and have a conversation, but that he would not be opening up an investigation.
When the next hearing got underway for Rocha’s NOI filing for the adjacent lot, 16 Barstow Street, it was quickly reviewed and then continued for the same reasons, although that parcel had received clearance from FEMA with a “letter of map approval” granting Rocha a type of waiver with the inclusion of 200 yards of fill. This application was also continued until September 25.
In other matters, Jeffrey Hutton, 7 Kings Philip Road, saw his NOI filing continued until September 25 to give engineer Richard Riccio of Field Engineering the opportunity to rework proposed grading on the site.
The Town of Mattapoisett’s Request for Determination of Applicability received a Negative Determination for roadwork on Aucoot Road involving hot mix overlay for approximately 12,200 linear feet.
Jessie Davidson, 22 Pine Island Road, received an amended Order of Conditions for slight plan of record modifications for grading associated with new home construction.
The next meeting of the Mattapoisett Conservation Commission is scheduled for September 25 at 6:30 pm in the town hall conference room.
Mattapoisett Conservation Commission
By Marilou Newell