The Mattapoisett Planning Board’s first meeting for 2016 was like an instant replay of meetings from 2015 – another subdivision requesting covenant modifications that would allow the residents town trash collection.
David Andrews, representing the Bay Club Real Estate Trust and Bay Club Community Association, came before the Planning Board with the request on January 4.
“We are aware of others who have received changes to their covenants,” he told the board, and he referenced the new contract the town signed with ABC Disposal that seemingly entitles all residents in the town to town-supplied trash collection.
Andrews acknowledged that he understood that if the Planning Board allowed the modification, it would not be the only approval needed; they would also have to go before the Board of Health.
“I’m here to clear this hurdle,” he stated.
Planning Board Chairman Tom Tucker said, “Trash. This is all we’ve talked about at the last couple of meetings. I’m not sure how much discussion we can have on this.”
Bay Club has two covenants covering trash removal at the subdivision, written on January 20, 2003 and February 14, 2003. Thirteen years later, and after two other subdivisions successfully lobbied the Planning Board to modify their covenants in favor of town-supplied trash collection, it was Bay Club’s turn to ask for a covenant modification.
“You still have to go to the Board of Health,” said Tucker. Andrews responded that he knew that.
The hearing was then opened up for public discussion.
Resident Paul Osenkowski told the board, “My feelings still stand that it is an improper decision of the Planning Board…” referring to their modification of subdivision covenants. “I said it would be a slippery slope, and that is what has happened,” he continued.
Osenkowski has been an outspoken opponent of covenant modifications that might have the potential of incurring additional expenses on the town’s budget.
Planning Board member John Mathieu reminded the board members that they had a written opinion from the town’s legal counsel, which states that the Planning Board has the authority to modify covenants; but, in this case, it only allows the affected residents the ability to apply to the Board of Health for final approval. Mathieu also said the Planning Board could not make changes that would have a financial impact on the town.
Board member Mary Crain asked for clarification on the contracts the town has with SEMASS and with ABC Disposal. Tucker said SEMASS handles solid waste, ABC collects solid waste that is transported to SEMASS, and ABC also handles all recycled materials.
“Recycling has decreased the amount of tonnage going to SEMASS,” Tucker told Crain.
The board ultimately voted to grant modifications to the Bay Club covenant.
When asked if the other subdivisions who have been granted similar latitude had successfully applied to the Board of Health, Tucker said he was unaware of any action by that board at this time.
This vote makes three subdivisions that will be going before the Board of Health requesting trash collection. Those communities are Brandt Point Village, The Villages, and now the Bay Club.
Before adjourning the meeting, Tucker recognized Anne Tucker, a senior attending Old Rochester Regional High School and student of a new local history course being offered at the school for the first time. Part of her studies includes attending local government meetings. Tucker will be attending Wheaton College.
The next meeting of the Mattapoisett Planning Board is scheduled for February 1 at 7:00 pm in the Mattapoisett Town Hall conference room.
By Marilou Newell
