When Mattapoisett Tree Warden Roland Cote recently passed a construction site on North Street, he was surprised to find all the trees and a historic stone wall removed. On October 2, Cote went before the members of the Mattapoisett Planning Board to describe the clear cutting, accompanied by Tree Committee Chairman Sandy Hering and Highway Superintendent Barry Denham.

Coming forward on behalf of the contractor performing the work at 167 North Street was Lee Castagnetti of Long Built Homes. Castagnetti began first by saying, “I’m here with deep apologies. We were not aware it was a scenic highway or that we’d violated any regulations. My apologies can’t reverse that, but we are here to provide a remedy.”

The degree of damage was then brought to light as Cote said at least nine mature pine trees and two ash trees along with a stone wall he described as having been in place since “King George’s time” had been removed.

Acting Planning Board Chairman Nathan Ketchell asked Castagnetti how many homes Long Built had constructed in Mattapoisett. Castagnetti was unsure.

Cote said, “I was surprised what happened to the trees. I brought Mike Gagne (town administrator) to look. He knows someone at Long Built.” He said the Town was looking at having the trees replaced along with the stone wall.

Denham presented a driveway plan that the Highway Department had approved showing the stone wall and trees were to have remained in place. He also explained that a drainage swale critical to proper stormwater management on the roadway had been disrupted. “It looks strange when you drive down the street now with the stone walls and trees all gone,” he said.

Hering said the Tree Committee was ready to work with Cote and Long Built to develop a planting plan to “naturalize the site.”

Cote said that first the swale and stone wall would have to be repaired, and then the trees planted.

Planning Board member Janice Robbins asked, “Who’s the responsible party?”

Castagnetti responded, “It was our action. We accept responsibility for the misdeed. We should have understood what was to have been done.”

Robbins asked, “What about the property owners?” It was ascertained that the property owners had not been contacted regarding the matter, but Planning Board Administrator Mary Crain said she would contact them.

Ketchell suggested that Castagnetti look at historic pictures of the area to determine how the stone wall should be placed along the property line and North Street, and asked him to return on October 16 with a plan for the stone wall and swale and to move forward working with Cote and Hering on tree planting.

Earlier in the evening, the board re-opened a continued hearing for a single lot subdivision off Randall Road owned by Gingras Nominee Trust.

The board spent two hours discussing waivers requested by Al Ewing of Ewing Engineering that would have approved the construction of a 16-foot wide gravel roadway with a hammerhead turn-around for the single-family home planned for the lot.

But forward movement slowed to a snail’s pace as the board members labored over regulations governing lot subdivision, the proposed waivers, and future development that might take place beyond the scope of the current application.

Robbins was insistent that the proposed road necessary to give the lot frontage was adequate, especially when considering any future additional development that might take place on the large parcel. “Why should we be approving a driveway as a road?” She said there were no guarantees that 40B housing would not be planned in the future that would ultimately render the proposed roadway insufficient.

Board member Gail Carlson voiced her concerns as well, saying, “I’m looking at the slope of the gravel road and the width.”

Ewing said the approved zoning and permitting had been for a single lot, single-family home, and that included water and sewer permits.

Robbins countered, “But that’s not cast in stone. The road could be extended to create frontage.” She said, “We’re signing off on a sub-standard road … It’s a driveway.”

As the hearing continued, the board members debated the merits of four pages of waiver requests, returning repeatedly to the topic of the lack of a stormwater drainage plan.

Crain shared a letter she had received from Fire Chief Andrew Murray commenting that the roadway with hammerhead turn-around was acceptable as proposed. But Robbins said she needed clarification regarding clearing around the hammerhead and the need to ensure that area could support heavy emergency vehicles.

Regarding other requested waivers, the board members allowed underground utilities to be placed in the middle of the roadway, while waiving parking, sidewalks, easements, and open space requirements.

Ewing was asked to return with drainage calculations for stormwater management, and plan modifications that included swales and clarification on clearance for the hammerhead.

The next meeting of the Mattapoisett Planning Board is scheduled for October 16 at 7:00 pm in the Mattapoisett Town Hall conference room.

Mattapoisett Planning Board

By Marilou Newell

The Marion Conservation Commission on September 27 didn’t have any public hearings scheduled, but it did have in its possession a letter from the Massachusetts Department of Environmental Protection upholding the commission’s April 22 denial to allow Michael Popitz of 18 Indian Cove Way to construct a driveway and associated grading through a bordering vegetative wetland in order to provide access to an upper lot for future development.

Popitz, a Planning Board member at the time of his original February 8 hearing date, filed the appeal with the DEP and published a letter to the editor in the April 6 edition of The Wanderer insinuating that the Conservation Commission unfairly denies projects within wetlands to some, but allows certain other projects in town to move forward.

Near that time, Popitz also filed a complaint on June 20 with the Attorney General’s Office alleging violations of the Open Meeting Law over the timeliness of the release of meeting minutes, which was also dismissed in a letter from the AG’s Office dated September 6.

The letter signed by DEP Wetlands and Waterways Chief James Mahala states that Popitz already has a driveway through wetlands on the abutting property he owns, that the alternative analysis that was prepared considered not building the driveway, acquiring additional land, or constructing a shared driveway, and concludes that the project as proposed did not demonstrate a viable alternative to access the upper lot without altering the wetlands.

“Instead, the alternatives analysis identifies an alternative that impacts BVD and further fragments a wetland system to gain access to the same portion of the property currently served by the existing driveway,” states the letter.

The AG Office letter found that the commission had satisfied its obligation to approve meeting minutes in a timely manner and no violation was found since two of the meeting minutes in Popitz’s complaint were all filed the next month, and two subsequent meeting minutes were still pending within only one to two months before Popitz filed the complaint.

The next meeting of the Marion Conservation Commission is scheduled for October 11 at 7:00 pm at the Marion Town House.

Marion Conservation Commission

By Jean Perry

The Marion Board of Selectmen on October 3 approved a new cell phone policy for Council on Aging van drivers, and they will proceed to eventually establish a town-wide employee policy on cell phone use during work.

According to Town Administrator Paul Dawson, COA Director Heather Sylvia requested the policy in light of some grants the COA had applied for that mandated a cell phone use policy for drivers.

“This suggested [draft] policy is sort of mission critical at this point in time,” Dawson said. “It would be our recommendation to ask the board to approve the policy tonight for the COA,” adding, “but it begs the larger question for a cell phone policy for all Town departments…”

Dawson said one is in the works that would encompass the procedures in the COA driver policy and cover certain areas such as social media more broadly.

The COA driver policy prohibits the use of PDAs and cell phones, both handheld and hands-free, while operating a vehicle. It also prohibits initiating or responding to calls and reading texts or emails while driving. Making emergency calls must be made while the vehicle is pulled over, and employees charged with traffic violations that result from PDA or cell phone use while driving will be held solely responsible for all liabilities that result.

Employees found in violation of the policy will be subject to discipline, including termination of employment.

“[It’s] critical that we have these policies in place,” said Dawson.

In other matters, Dawson said Engine 1 was involved in a minor traffic accident on the evening of September 25 at 8:00 pm on Cove Street.

During an in-progress training drill, Engine 1 was called to a medical incident with an EMT and paramedic on board. The engine was alerted that vehicles were parked on both sides of Cove Street at that time, and during an attempt to pass with just 1 to 1.5 inches of space on either side, the engine sideswiped a parked car while travelling at a slow speed.

“All the damage appears to be very minor in nature,” said Dawson. The staff followed the proper procedure and notified the Police Department, as well as Fire Chief Brian Jackvony who responded to the scene.

“Thank God it’s very minor,” said Selectman Steve Gonsalves sitting in as chairman for an absent Jody Dickerson that night.

In other business, Dawson said the Town’s website has been updated and within a short while any glitches should work themselves out.

Dawson called the new format “user-friendly,” saying, “I’m very pleased with it and we’ve been working hard … on something that I think our residents will enjoy and probably get through really easily.”

Also during the meeting, the board tabled until October 17 the appointment of a new member to the Marion Energy Management Committee as well as one to the Carver Marion Wareham Regional Refuse Disposal District.

The next meeting of the Marion Board of Selectmen is scheduled for October 17 at 7:00 pm at the Marion Town House.

Marion Board of Selectmen

By Jean Perry