Timing of Enforcement Order Questioned

            Late into the April 25 meeting of the Mattapoisett Conservation Commission, Mattapoisett Neck Road property owner Michelle Gregoire informally appeared in what became a bitter discussion over enforcement orders and permitted cutting of barrier beach campsites.

            To fully understand the chain of events that led to the Enforcement Order that Gregoire received in April 2022 for her campsite and her complaints over William Clapp’s mowing activities on his campsite in 2021, one needs to go back to Clapp’s original Notice of Intent filing.

            A complaint filed by Gregoire over unpermitted mowing in wetlands was brought to the attention of the commission possible violations on multiple parcels of private property. In a follow-up on Tuesday, Commission Chairman Mike King said that he had asked back in late 2020 or early 2021 that Liz Leidhold, conservation agent, investigate the entire barrier beach area to document unpermitted activities in total.

            Owners were contacted and instructed to either stop unpermitted activities or file for permits that would provide guidelines for what could and could not be done per the Massachusetts Department of Environmental Protection as enforced by the local commission through Home Rule. King said the only property owner to apply for permitting was Clapp.

            Clapp’s Notice of Intent filing was subsequently withdrawn without prejudice based on comments from the DEP. He then filed a Request for Determination of Applicability, which was permitted for restricted mowing for two parking spaces, seasonal placement of a portable sanity unit and a portable fire ring.

            Gregoire filed another complaint, noting that Clapp was not following the permit restrictions. King said, in following up that complaint, he had asked Gregoire to give him two weeks to investigate the matter. In the meantime, Gregoire received a Cease and Desist Order for unpermitted mowing of the salt marsh on a parcel adjacent to the one she owns. At Monday’s public meeting, Gregoire questioned the timing of that order.

            “You, Mr. King, asked me to give you two weeks so you could get professional assistance,” Gregoire repeated several times during the discussion. She said that instead of the commission acting on her complaints, she received that same day a Cease and Desist Order for mowing in an abutting area.

            King explained that the order was based on a complaint filed by the Vanstone family, whose property is adjacent to Gregoire’s. “I’ve been mowing that for years,” Gregoire stated. She also asserted that the Vanstone family did not lodge the complaint against her, Clapp did. King refuted Gregoire’s assertion.

            Gregoire also noted that she had not be informed or invited to any meetings regarding her complaints. King said all agendas are posted and there was no mechanism that required the commission to notify her of upcoming filings for other property owners.

            For nearly 40 minutes, the commission discussed with Gregoire the history of the chain of events leading up to her receiving a Cease and Desist Order. The discussion seemed to go a bit astray, prompting agent Brandon Faneuf to suggest the matter be fully explored on May 25 when Gregoire is requested to appear to vet the Cease and Desist Order issued to her. Gregoire and the commissioners were in agreement. Gregoire tearfully concluded that her goal was to work with the commission and that “I put my trust in the commission.”

            In other business, the Mattapoisett Land Trust received a negative decision for a Request for Determination of Applicability for the installation of bog boards on their Angelica Avenue property. Also receiving a negative decision for a filed RDA was Matthew and Susan Moss, 11 King Philip Road, for the construction of an addition. Another RDA filed by Larry and Karen Paquette for 12 Meadowbrook Lane for an After The Fact approval regarding an emergency septic repair received a negative decision.

            Continued to May 10 was a RDA filed by Todd Mello and Tara Menard, 0 Cove Street, for the development of a seasonal camp site. The filing was continued to give abutters time to review a new plan of record submitted on Monday.

            Four NOI filings by Christian Farland for lots located in the Brandt Point Village subdivision received conditions.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Tuesday, May 10, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

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