The report came late in the evening’s agenda, the December 17 Mattapoisett Planning Board agenda, that is. The report in question was the peer review update from Ken Motta of Field Engineering regarding the oft times troubled Brandt Point Village subdivision.

The chapters in this construction project’s story could read like a Tim Burton movie – multi-layered, surprising twists and turns, at times dark, and with numerous characters. But the reality for the homeowners living in Phase 1 of the project is more troubling then fiction. After years of promises from owners and developers, there are still some 20 line items of incomplete to-dos on Phase 1.

Yet it was a very quiet update indeed, as no one was present representing the developer, Armand Cotelleso, or financier Marc Marcus of Omega Financial, the latest in a long line of prime movers who have carved through acres of woodlands attempting to build out a subdivision that would meet market expectations and the Town’s regulations.

On this night, the Planning Board members silently read Motta’s two-page report that noted a few items had been completed such as repair to broken concrete, while other more significant issues remained open-ended, like the condition of the community’s septic system.

In October 2018, a frustrated Planning Board called in the $1.5 million surety Marcus had put up in 2016 after the developer continually failed to complete work on Phase 1 as scheduled and failed to show up for informational meetings with the Planning Board.

Chairman Tom Tucker thought that action had “lit a fire under” them and inspired some of the work that they now noted as complete. But Tucker also mentioned the need to stay on top of the project, especially as Phase 2 build-out begins.

“Some of those homes look rather large,” Tucker said as he reminded the board members that the bedroom count for the entire project stood at 90, but that it appeared a “den” feature might be ultimately used as a third bedroom. He said again that the Planning Board would have to “keep an eye on the bedroom count.”

Present on an unrelated matter was a resident of Phase 1, Derek Tavares of 3 Nantucket Drive, who sought and received permission for a Form A Approval Not Required as he plans to purchase an adjoining vacant lot for the purpose of expanding his outdoor space. Tavares confirmed that homes in Phase 2 were being marketed at upwards of $450,000, a princely sum for a mere two-bedroom home.

The board members concurred that they did not expect much work to take place over the winter months, nor would Motta be providing another report until sometime in early 2019.

Earlier in the evening, Scott Snow, applicant for a new subdivision proposal named Eldridge Estates located off 8 Prospect Road, was represented by Richard Rheaume of Prime Engineering, who presented an update on the project. This meeting was an informal discussion followed by a request for a time extension since the project had evolved over the prior months and the original application was now drawing to a close.

Previously, Snow has proposed a two-lot subdivision that would also have included two existing structures. Now the project featured three new lots along with the two existing lots for a total of five residential lots.

Rheaume said that the homes would be serviced by public water and sewer, that sewer stubs were already in place, and that there would be a turn-around at the end of a private driveway in accordance with the requirements of emergency vehicles.

Tucker told Rheaume that when he returned to the Planning Board with a new plan of record, he must also have letters from the Police and Fire Departments that confirmed acceptance of the driveway configuration.

There was a rather long discussion about the timing of Snow’s return to the Planning Board with completed plans and other necessary documentation. With holiday closures and press deadlines, Rheaume was unsure if the timing would work for his client. In the end it was determined that an extension would be granted until February 4, at which time Rheaume would have to ask for a second extension until February 21.

There was also discussion about an appropriate water flow study procedure to utilize when calculating stormwater runoff. In the end it was determined that the Town’s peer review consultant would weigh in on that aspect of the project.

The request for a continuation until February 4 was granted.

Also coming before the Planning Board was Dave Andrews of The Bay Club with an update on roadwork within the massive subdivision as at least one roadway covenant was nearing its expiration date. The board was satisfied with the information, which included Andrews noting that one section of a newly created neighborhood would take four years for completion.

“We had thought it would be a 10-year project, but it’s nearer to 20,” Andrews chuckled.

Of the 189 homes allowed under the permit for the entire build-out, to date some 114 residences have been constructed, Andrews estimated.

Planning Board member Janice Robbins casually brought up the topic of marijuana bylaws, asking Planning Board Administrator Mary Crain if the board had authority to set permitting fees. Crain said she believed that to be the case, but would verify it with Town Counsel.

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

Mattapoisett Planning Board

Marilou Newell

Residents report that things had been quiet for well over two years now since their neighbor Liberal Teixeira’s kennel license was revoked by the Town, essentially putting an end to the incessant barking that prompted repeated complaints since 2013.

But that was then, and with a revival of dogs incessantly barking at the property, neighbors have lodged new complaints leading the Town to believe that Teixeira is back to breeding dogs, this time without a permit.

Several neighbors attended the Rochester Board of Selectmen meeting on December 17 to give sworn statements on what they have witnessed at Teixeira’s property, 368 North Avenue, but Teixeira did not. Town Counsel Blair Bailey, in communicating with police and animal control, concluded that Teixeira is breeding Vizsla puppies against the Board of Selectmen’s orders, which were upheld in court in 2015.

Three female dogs are licensed to the property, Town Clerk Naida Parker confirmed, which is allowed in the Town’s dog law. However, if Teixeira is keeping a kennel as the Town suspects, he would be in violation.

Neighbor Alan Boling says the noise is continuous. “The dogs bark day and night. It’s continuous, even up until this week,” Boling said. “You get up in the morning … it’s just a riot of dogs barking. They bark at night and it’s just frustrating. It seems like nothing can be done about it: it’s just constant.” It may not be every day, he later said, “But when it happens, it happens a lot. It’s just constant noise. It’s just not right.”

Neighbor Robert Lacroix said he lives across the street and “we know for a fact that he’s been breeding dogs.”

Donna Medeiros said there are at least three or four dogs, “and I’m sure there’s some in the house, some in the basement.”

Police Chief Robert Small said Teixeira allowed the animal control officer to inspect the property and that the number of dogs present and the ages of the dogs are not in compliance with the licensing guidelines.

Rosemary Boling said when the dogs were removed from the property back in 2015, the neighborhood was quiet. “This summer I could hear the dogs and I actually spoke to someone who was going into the house.“ She said she told them, “I hope you’re not raising dogs again because the noise is becoming unbearable.”

Boling recalled one morning this summer when a litter of puppies was running down North Avenue and someone stopped to collect the puppies and put them out back. A little while later, she testified, the puppies had again escaped and were running in the road.

A police officer responded and someone at the property explained that the lock on the gate had been broken.

“It’s a kennel again,” said Medeiros.

Bailey said it appears as though Teixeira is running a breeding operation with an address based in New Bedford, but tied to the North Avenue property, a violation of the prior order.

Board of Selectmen Chairman Greenwood “Woody” Hartley acknowledged that Teixeira had been notified of the dog hearing and chose not to attend that evening.

“He had the opportunity to come tonight,” sighed Hartley.

“It would appear as though Mr. Teixeira has pretty much ignored the court orders and the court upholding,” said Selectman Brad Morse.

“The concern we have is, we are going back to that point where we were before,” said Bailey.

Morse recommended the board close the public hearing, “and I think we should move forward with a course of action.”

The board closed the hearing to take the matter under advisement and will announce at its January 7 meeting whether it will take legal action against Teixeira.

In other business, the board decided to move forward in making the fire chief position a full-time position. According to Hartley, the responsibilities related to training, record keeping, and inspections is “growing exponentially,” and Hartley added, “It is really impossible for a part-time leader to keep up.”

The Town will follow the usual hiring procedure by updating the job description, posting the position in-house, and having a hiring committee consider the candidates.

“There is not a rush on this,” said Hartley. “It’s a big move for the Town: it’s a big community, a long-term commitment. I think it’s appropriate that we move ahead. … We have more than one person who could probably qualify.”

The board signed the municipal water agreement with Middleboro, which will extend a water main to the Annie Maxim House on North Avenue.

The board appointed Brad Correia and Daniel Hartley to the Agricultural Commission, bringing the total number of sitting members to three. There are still four vacancies left on the commission.

The next meeting of the Rochester Board of Selectmen is scheduled for January 7 at 6:00 pm at the Rochester Town Hall.

Rochester Board of Selectmen

By Jean Perry

The executive director of the Sippican Lands Trust (SLT) returned to the Marion Conservation Commission on December 12 to take another shot at a proposal to improve the popular trail to Brainard Marsh on Delano Road.

Jim Bride revisited the proposal he had made at the previous meeting of the commission, suggesting this evening that the Trust would use wooden walkways instead of stone to improve sections of the path to Brainard Marsh. Bride proposed installing 26 12-foot sections totaling 312 feet, through the wettest portions of the trail.

The walkways will be 29 inches wide, made of 2-inch by 10-inch pressure-treated planks, held together by 2-inch by 4-inch cleats, anchored to the ground by a metal stake with a 10-foot line to prevent the walkways from being washed away in a major flood event.

Vice Chairman Shaun Walsh observed that a storm surge in the location of the walkway probably would not be enough to impact the wooden sections. Walsh confirmed with Bride that the sections would be raised approximately 2 inches off the ground.

Chairman Jeff Doubrava reiterated the commission’s previous concern about any stone being used for the project; when issuing the Negative determination for the project, the commission stated only woodchips could be used for leveling the walkway sections.

In other matters, the commission heard a summary of the report by Brandon Faneuf for the Severance property on Front Street. Faneuf reported that growth of wetland vegetation was successful, with winterberry and other wetland plants thriving. He intends to develop an Amended Order of Conditions for this parcel in the coming months.

The Dejesus property was another story on which, at the direction of the landscaper consultant for the property owner, nothing had been planted. Faneuf implored the commission to be patient, and guaranteed that plantings on the parcel would be done by May 2019.

Doubrava raised the possibility of a violation of the conservation restriction at The Cove, held by the commission, where a fence was installed on what appeared to be restricted land. A new member of the board of The Cove, Kathy Reed, addressed the commission and explained the motive behind the installation of the fence.

As a result of recent storms, trees that had formerly shielded the homes of residents at The Cove from car headlights had been destroyed. The Cove had installed the fence this past September.

Doubrava underscored the paragraph in the restriction that states that the grantee has the discretion to determine if the construction of a permanent or temporary structure should be allowed if it is determined to be necessary or desirable in the best interests of the permissible uses of the premises. Walsh asked that the commission discuss the issue at a future meeting so that he and other commissioners may have time to more closely review the document.

The commission reviewed and issued an Order of Conditions for a Notice of Intent filed by Michael Vareika for lots located at 122 Register Road, on which it is proposed to remove and trim trees and shrubs adjacent to the existing dwelling. Doubrava suggested that the stumps of any trees located within the 15 foot “No Activity Zone” or adjacent to the wetland should be left in place or ground down. He also informed the board that an extension to an existing Order of Conditions on a septic replacement for the same address is on the commission’s agenda for January.

The commission issued a Negative determination for Request for Determination of Applicability (RDA) by Jim Forker, represented this evening by his architect Ben Gifford, to add three sonotubes for support under a “bump out” for a revised stair and porch on an existing dwelling at 35 Spring Street.

Jay Feeney received a Negative determination for his RDA to demolish a house and reseed the site located at 270 Delano Road, provided that siltation barriers are installed between the areas of disturbance and the Weweantic River.

The next meeting of the Marion Conservation Commission is yet to be determined.

Marion Conservation Commission

By Sarah French Storer