With humid swampy air lazily wafting across the harbor, the Notice of Intent hearing for a proposed two-lot development located deep within Haskell Swamp off Snow Field Road continued, during which engineer David Davignon presented an update on technicalities associated with stormwater flow, swamp water movement, and roadway construction practices.

Taking into consideration Massachusetts Department of Environmental Protection requests to minimize wetlands disruption while providing access for traversing the swamp to reach approximately five-acres of uplands, Davignon spoke for nearly 90 minutes.

The major changes now proposed to assuage local and state wetlands and building questions were: 1) the omission of a paved cul-de-sac at the end of the public way; 2) inclusion of a cul-de-sac in the shape of a pentagon located at the end of the private driveway in the upland parcel; and 3) a decrease of approximately 3,000 square feet of wetland taking.

Davignon said soil testing of both the area where the driveway will be constructed and where recharge basins will be located were completed and ready for peer review.

For nearly 30 minutes Davignon read and clarified comments from the developer’s hydrological consultant, Terry Williams, providing layers of technical abstractions in an effort to address board members’ questions.

Chairman Tom Tucker reminded the members that a peer review consultant would be hired to assist the board through the process.

Regarding the board’s request that the fire chief weigh in on whether or not the driveway layout is sufficient to accommodate emergency vehicles, Davignon said that his client had met privately with the chief and presented an email presumably written by the chief to the client accepting the plan as submitted.

Tucker said the board needed a formal letter from the chief on department letterhead versus a cut and pasted copy of communication between the developer and the fire chief.

Tucker also said the board would need a similar sign-off from the police chief, too.

There was also a great deal of discussion regarding the topographic flatness of the swamp area; so much so that actually witnessing water flow was difficult, Davignon said. But using GIS maps and other computer programs, Williams was able to calculate the size of the culverts necessary to allow water movement in a north to south direction, given that the driveway will act as a dam.

Planning Board member Janice Robbins responded to an abutter’s question regarding how a homeowners’ association covenant would benefit the neighbors. Her response was, “Indirectly.”

Abutter David Markowski asked how long the driveway construction would take and where would the staging area be for heavy equipment. Davignon gave a ballpark of anywhere from two weeks to a month, depending on seasonal conditions. That led to more discussion of exactly how disruptive that construction phase would be. Highway Superintendent Barry Denham pointed out that equipment would likely fill up the lower end of Snow Field Road.

Denham asked Davignon for a construction proposal and some type of surety in the event that the contractors damage the public way.

With still many open-ended issues to be resolved, Davignon asked for and received a 90-day extension to the Notice of Intent filing and acknowledged that he would likely ask for a continuation after the September 3 deadline when the extension terminates.

Gail Carlson of Brandt Point Village along with several neighbors also met with the board to discuss the upcoming “drop dead” date for developer Armand Cotelleso and lender Marc Marcus of Omega Financial to complete Phase 1 of the residential development.

Carlson presented a list of additional items of incompletion and concern to a long list of things still to be done before the August 1 deadline. The new list includes no building permits displayed, no on-site sanity units for workers, construction trailer in a dilapidated condition, exposed pipes in pits, construction debris, and missing landscaping.

Tucker asked that the Board of Selectmen be apprised of the status of Phase 1 as he anticipates the necessity of putting legal actions into motion after August 1 if the developers fail to meet the deadline.

In other matters, Denham asked for a letter of support for a grant application his department is working on for securing roadway improvements associated with the construction of Phase 2 of the Mattapoisett Bike Path. The grant money would be used to make improvements to Industrial Drive and a crossing over North Street from the park-n-ride to the opposite side of North Street. Tucker and the other board members approved the request.

The next meeting of the Mattapoisett Planning Board is scheduled for August 6 at 7:00 pm in the Town Hall conference room.

Mattapoisett Planning Board

By Marilou Newell

It has taken about nine years to get there, but a conservation restriction is finally nearing execution for property at 185 Wareham Road known as “the Habitat lot” the town purchased with the help of Community Preservation Act (CPA) money in 2009.

Marion Open Space Acquisition Commission (MOSAC) Chairman John Rockwell approached the Conservation Commission on July 11 requesting members’ signatures endorsing the conservation restriction (CR), a requirement when purchasing conservation land with CPA funding.

Another portion of that land was used for a residence built by Habitat for Humanity and completed in 2016.

Rockwell said it took the Town time to work out aspects in preparation for the CR, like utility easements for water and sewer, and just finding an entity to hold the CR was a chore, as some non-profits charge fees to hold a CR, which Rockwell said would be an “extra burden” for the Town.

The Sippican Lands Trust (SLT) has agreed to hold the CR at no cost, Rockwell reported, and at this point MOSAC, the SLT, and the Massachusetts Division of Conservation Services (DCS) will negotiate the terms of the CR.

Rockwell brought up a baseline survey report that documents the topography and features of the 50+-acre property, which will be filed with the state as part of the CR process.

“What attracted us to [this property] was the fact that it connected the far eastern end of our Washburn Park conservation land with Route 6,” Rockwell said. Now a trail can be established to connect Route 6 with Washburn Park.

The commission supported the CR and planned to add their signatures the following day before a notary public.

“It’s a great adoption of open space because it … connects Washburn Park with a large piece of conservation land here,” said Conservation Commission member Shaun Walsh.

The Board of Selectmen will also need to sign the CR before moving forward.

Also during the meeting, the commission continued the public hearing for the Notice of Intent filed by Henry DeJesus for the restoration of an area at 78 Wareham Road that was cleared of vegetation inside the buffer zone of a salt marsh, riverfront, and coastal bank.

Wetlands consultant Brandon Faneuf explained the scope of the unauthorized clearing of vegetation on a portion of the 58-acre area, which is in the process of being subdivided, with one portion unrelated to the NOI slated for a possible solar array field.

The commission issued an Enforcement Order on March 28 for the unpermitted work being done, and Faneuf testified that none of the work took place in the actual vegetative wetlands, only the buffer zone, and that no fill or grading had taken place. Some trees and branches and brush were cleared that will now need to be replaced to replicate what was destroyed.

Faneuf listed the species of vegetation to be replanted: oak, white pine, holly, and understory plants like grape laurel and sweet pepper bush – “All native species,” Faneuf said.

“So I’ll listen to hear how angry you are and then I’ll try to go into the restoration protocol if you’re interested,” said Faneuf.

The affected area is not an endangered species habitat, Faneuf confirmed, and replanting will begin once the project is approved, but not starting any time after mid-October. Planting later in the season is a gamble, Faneuf said, given that one never knows how harsh the winter will be.

“If we do have a bad winter … what’s plan B?” asked commission member Cynthia Callow.

“Plan B is that — you know, the wallet,” said Faneuf. “We’ll buy more and replace it.”

The hearing was continued until the next meeting.

Also on the agenda, the commission continued the Notice of Intent hearing for Derek Maksy, the potential buyer of 7 Bournehurst Road. The commission was unable to access the area with the wetlands flags because of thick vegetation. Walsh described it as a “jungle,” and asked if Maksy could ask the sellers of the property if a crude path could be cut to allow the commission access for a site visit. Maksy’s plan is to demolish the existing house and rebuild it along with an in-ground pool, Title 5 septic system, circular driveway, a 12-foot wide cart path to access a “picnic area,” and to clear an area for a topographic study for access to a possible future pier.

Then, for technical reasons, the public hearing for the NOI for Denise and Thomas Beaudoin of 166 Allen’s Point Road was continued until the next meeting. The plan is to replace the front and rear entry porches, remove and replace the in-ground pool, and correct yard flooding with fill and grading.

The commission gave a Negative 3 determination for the Request for Determination of Applicability (no NOI required) for Laura Grauer, 23 Front Street, to repair the back patio stone walls, install new stone paver pathways and new field stone walks, and move the utilities from the street to the house.

Marie and David Crimmins, 10 Nokomis Road, received a Negative 1 determination (work area not subject to the Wetlands Protection Act) for their RDA to extend their rear deck another five feet.

The next meeting of the Marion Conservation Commission is scheduled for July 25 at 7:00 pm at the Marion Music Hall.

Marion Conservation Commission

By Jean Perry