Yard Boss, a local landscaping company, was once again spotted allegedly drawing water from the Mattapoisett River off River Road near the intersection of Route 6. New commission member Trevor Francis recently observed a Yard Boss truck with a hose in the river.

“I drove up the road and turned around to get a picture, but they were already gone when I got back,” he told the other commission members on September 28.

With news of this latest seemingly illegal water taking, Chairman Bob Rogers said, “Yard Boss is not getting the message that this activity is not allowed…. We have to tell them to stop while making everyone aware it is still happening.” He said a letter would be sent to the Massachusetts Department of Environmental Protection and the Mattapoisett River Valley Water Supply Protection Advisory Committee.

“We are trying to get people to stop activities that are polluting the environment,” Rogers added.

But commission member Peter Newton was reticent to send a letter, asking, who has jurisdiction?

“I think we should speak to town counsel,” said Newton. “It’s not clear to me under what authority it is unpermitted.”

Rogers responded, “We should do our due diligence,” while adding, “Put the burden of proof on Yard Boss. If they feel they have a right, they need to show it.”

Rogers continued as if writing the letter aloud, “You don’t have a permit. File for one, or have your lawyer show us it is permitted activity.”

Newton said, “The letter needs to reference specific things that are jurisdictional.”

Commission member Mike King said, “I guarantee they don’t have a DOT valve on that truck … and what about the surrounding bank,” suggesting that chemical pollution might be discharged into the river and that the weight of the truck when fully loaded could damage the riverbank.

The commission members wondered aloud if the public would think to take pictures if they saw a Yard Boss truck taking water from a public source.

During the previous ConCom meeting, Conservation Agent Elizabeth Leidhold brought up the same problem. After hearing from Fairhaven’s Department of Public Works Superintendent Vincent Furtado, she told the commission that Yard Boss had been seen taking water from the river. At that time, they decided to send a letter but apparently that had not been executed. This time, Rogers was clear that a letter would be sent.

“Let them come here if they feel they have a right,” Rogers concluded.

Earlier in the evening, the commission handled a long agenda of hearings.

Paul Silva, 19 Pleasant View Avenue, received a Negative 3 decision for the removal of grass and loam for the installation of a bluestone driveway.

Sharon Thompson, 9 Cove Street, and Eric Morrissette, 11 Cove Street, both represented by Bill Madden of G.A.F. Engineering, received orders of conditions for the removal of leach fields and associated septic equipment no longer needed as the properties will be tied into the new sewer lines that were recently installed in this barrier beach community.

Marc Kaner, 5 Pinewood Way, received a Negative 2 decision for the construction of a shed.

Adam Roderick, 175 Brandt Island Road received an order of conditions for the expansion of an existing deck.

Also on the agenda was a hearing with Michael Esposito and Cynthia Redel, 18 and 20 Ned’s Point Road. Their Request for Determination of Applicability included repairs to an existing pier and the construction of a teahouse and ornamental garden. Rogers wasn’t sure if they should have filed a Notice of Intent versus the RDA. He said that with a NOI, the commission had more latitude in how construction activities over the water could be managed to minimize impact.

The next meeting of the Mattapoisett Conservation Commission is scheduled for October 14 at 6:30 pm in the Mattapoisett Town Hall conference room.

By Marilou Newell

The Marion Conservation Commission was poised to approve the Notice of Intent filed by Shea Doonan for an aquaculture farm off Ram Island, but in the end, Doonan was not present to answer some critical questions the commission had, so the matter was continued a second time until October 14.

Upon review after the closing of the public hearing, the commission realized the Division of Fisheries and Wildlife had some questions for Doonan, such as the specific species intended for the aquaculture, clarification on the use of nets, and how nets would be secured.

The Natural Heritage & Endangered Species Program indicated that Doonan still needed to file with it as well. With Doonan not present that evening, the commission voted to reopen the closed public hearing and continue it until the October 14 meeting.

In other matters, the commission issued a negative determination – a Notice of Intent is not required – for Suzanne McManmon of 64 Delano Road to add a 20-foot wide addition to the existing garage. Because it is located in the velocity zone, the structure will have to be built on stilts.

The commission also advised Alexis Popik of 1 Shore Drive on a possible osprey nest platform she would like to erect in or near the one acre of saltmarsh on her property to replace the one that fell over years ago.

“[My husband and I] are bird watchers and we wanted to have an osprey platform out there so we could watch them,” said Popik. “We figured it would be useful to the town also. It’s a nice thing.”

Popik said she was just looking for some advice on how she would go about getting permission to build the platform.

ConCom Chairman Norman Hills said she would need to verify the wetlands line on the property, but she could possibly seek out that information from past filings with the town for that property. Hills said Popik might have to file a Notice of Intent if she plans to construct the platform in the saltmarsh instead of near it.

“Whether you’re putting this in the wetlands or outside the wetlands is going to make a difference,” said Hills.

Also during the meeting, the commission gave a negative determination for Daniel Rodenbush of 16 Bay Road to upgrade a failed sewage disposal system with a conforming Title 5 system. Brian Grady of G.A.F. Engineering said there would be no grading needed within 50 feet of the flagged wetlands, and the system would sit right at the 100-foot buffer zone.

The commission also granted a one-year extension for the Order of Conditions for the Buzzards Bay Habitat for Humanity house being constructed at 185 Wareham Road.

The next meeting of the Marion Conservation Commission is scheduled for October 14 at 7:00 pm at the Marion Town House.

By Jean Perry