On September 14, Mattapoisett Conservation Agent Elizabeth Leidhold brought before the Mattapoisett Conservation Commission a letter received from a local advisory group. That advisory group is the Mattapoisett River Valley Water Supply Protection Advisory Committee, a watchdog group with their eyes on the public water supply, protecting and enhancing this vital resource for the towns of Marion, Mattapoisett, Fairhaven, and Rochester.
Comprised of town employees whose backgrounds include engineering, environmental protection, public water supplies, and similar expertise, group members are appointed by selectmen, water/sewer or public works management. There are such familiar names as Barry Denham, Nick Nicholson, Jeff Osuch, Laurell Farinon, and Naida Parker to name a few.
Their concern, as noted in the letter that Leidhold asked ConCom to review, regards a Mattapoisett landscaping business’s alleged practice of taking water from public sources without a permit or any type of permission. Yard Boss had been told by the Town of Rochester to desist taking water from Snipatuit Pond. Now, Mattapoisett was experiencing that activity.
Leidhold said Yard Boss was using the water for their hydro-seeding service. She said there were concerns that backwash from their trucks and other equipment might be contaminating the fresh water drinking supply.
Leidhold also said the advisory committee has plans to submit articles for upcoming town meeting warrants for new bylaws that would further protect the public water supply. What the group wanted from the commissioners was their action in stopping the alleged offender.
“I don’t know if this is in our preview,” said commission member Peter Newton. “I think this is a DEP or Army Corps issue.”
Chairman Bob Rogers said, “I’m in favor of telling them to stop because they are not permitted to do so anywhere in town.” He added, though, that ConCom lacks the authority to issue fines should the landscaping company be caught in the act.
Newton said he would make some calls and do some research and added, “This is going to be a tricky one.”
The agenda also included a request by Ted Gowdy of AERIE Homes, part of the Bay Club development. Gowdy requested two certificates of compliance, receiving one and the other requiring signage denoting a no-touch zone before the COC could be issued.
Gowdy also asked the commission to consider the clear cutting needed for the completion of the Split Rock development without the use of erosion screening to help minimize labor costs. He suggested instead that delineation flags would suffice in keeping the logging operation out of the wetlands.
Rogers said that he believed erosion controls were necessary and further pointed out that the commission had been working with Gowdy on many matters, yet Gowdy had not yet completed a replication area that was needed before further work could take place.
“I want that replication done,” Rogers said. “No good can come from taking short cuts on the limits of work. This project has been allowed to go right up to the wetlands lines,” he declared. Gowdy agreed to complete the replication area and install erosion control fencing before allowing the cutting of trees for the completion of the Split Rock neighborhood.
Seabreeze Lane was again on the agenda with resident Joseph Anzaldi returning with updated plans for remediating wetlands that had been encroached at his 3 Seabreeze Lane home. Anzaldi was given a one-year extension of previously issued orders of conditions.
It was a different story for 4 Seabreeze Lane. Homeowners Daniel and Lisa Craig had also encroached into wetlands but on an enormous scale, approximately 21,000 square feet. They had met previously with the Conservation Commission but were unable to reach a compromise in the amount and manner of remediation they would have to provide. The commission wrote an enforcement order with the assistance of Town Counsel Brian Winter that will be sent to the Craigs. On this night, they fine-tuned the final language that includes a reference to allowing the reinstatement of a deeded community easement through the Craig property for residents’ access from Eel Pond.
On the matter of extending an order of conditions for the Mattapoisett Water and Sewer Department for work taking place on Cove Street, Rogers expressed his frustration that no one from the town or the sub-contractor, Tighe & Bond, was present that night.
“I’m disappointed that a representative from the town isn’t here,” said Rogers. “We asked them to meet with us.” But he concluded that the commission “should take one for the team,” issuing the extension until September 2018.
The next meeting of the Mattapoisett Conservation Commission is scheduled for September 28 at 6:30 pm in the Mattapoisett Town Hall conference room.
By Marilou Newell
