Over the history of the Bay Club, developers have come and developers have gone. A recent addition to the list of homebuilders is Aerie Homes of Waltham, whose Ted Gowdy came before the Mattapoisett Conservation Commission on January 12.
Having purchased 36 lots on Fieldstone and Split Road Drives in an area of the Bay Club known as the Preserve, Gowdy and his team reconfigured the lot lines to maximize land use for new home construction. By doing so, one additional lot was added. But this comes with some legal complications – what to do about an existing conservation order of conditions and plans of record. Those were not cleared up prior to the land sale from one developer to the other.
Chairman Bob Rogers explained that Gowdy had several options for the four lots his new application for minor modifications requested on the meeting agenda.
Rogers cited a letter he had received from town counsel that noted the developer could request certificates of compliance for the lots in question, clearing orders of condition from the Registry of Deeds and clearing the way to request new Requests for Determination of Applicability. But Gowdy said two of the lots were already sold, thus making time of the essence.
“We should probably abide by town counsel’s recommendations,” said Rogers after considerable conversation. It was decided that Gowdy would withdraw his request and re-file in a manner that clears up the paperwork moving forward.
Earlier in the evening, David Davignon of N. Douglas Schneider & Associates, representing Robert Brack of 18 Water Street, met with the commission members for a Notice of Intent filing for the construction of a private residential pier.
In 1881, the property was licensed by the state for a stone jetty and pier structure. Today, only archeological remnants remain on the site. After discussion of the proposed pier, the commission asked Davignon and the applicant to consider building the new 116-foot long by 4-foot wide structure over the old pier, a position that would give the neighbors equal distance from the structure.
They also asked that the applicant consider using environmentally friendly pilings in the form of hardwood timbers versus chemically treated materials, and that the design set the height at 30 inches above the sea floor versus 24 inches. At the present time, the design situates the pier in a manner that would allow beach access under the structure at low tide. No shell fishing has been permitted at this location since 1947.
The applicant received a continuance for two weeks to review all suggestions.
William and Kristin Durbin of 21 Bay Road received a Certificate of Compliance for the replacement home they built after a fire destroyed the prior structure and for landscaping.
Ann Leibowotz of 1 Brandt Island Shores received a Certificate of Compliance for work that was completed in 1995 – the installation of a well.
The next meeting of the Mattapoisett Conservation Commission is scheduled for January 26 at 6:30 pm in the Town Hall conference room.
By Marilou Newell
