“The DEP sided with the Conservation Commission’s negative determination of applicability…. It was appropriate,” said Chairman Bob Rogers during the February 22 meeting of the Mattapoisett Conservation Commission.
The two Notices of Intent filed by the Town and planned for the evening’s agenda were now withdrawn due to the DEP’s finding. The filings were for test borings along the next phase of the bike path.
On December 12, the commissioners had voted to approve the Town’s application for a Request for Determination of Applicability to proceed with test borings along the proposed bike path Phase 1B, a path through sensitive wetlands.
The Massachusetts Department of Transportation had required the Bike Path Committee to produce test data that would determine the composition of the substratum. The DOT was looking for assurances that the pedestrian bridge planned to span the marshlands would be supported by pilings sunk in bedrock.
Previous test borings indicating the presence of rock was deemed insufficient, hence, the necessity for additional test borings.
Abutters who felt that the Town should have filed a Notice of Intent along with other technical data before being given permission to move forward with test borings then appealed that decision. That appeal was denied.
Now that the DEP has denied the appeal, the Town no longer has to file for a NOI and can now proceed with the borings.
“We won one,” Rogers said.
In other business, a RDA filed by Kevin LaBlanc for the construction of an addition and covered porch on property located at 34 Brandt Beach Avenue received a Negative 3 determination. The applicant also received a Certificate of Compliance for other projects at the site.
The Preserve at Bay Club, represented by Ted Gowdy, also received a Negative 3 determination of applicability for the construction of a new home at lot 118 Fieldstone Drive that will skirt a 100-foot buffer zone.
Engineer David Davignon presented a NOI from Richard Patten, 21 Marion Road, for the construction of a new house and garage. The site is the former location of a greenhouse and has been cleared for years. The building site borders jurisdictional wetlands. The project received a standard Order of Conditions.
Returning to the commission was George Collins of Collins Civil Engineering Group with a NOI for the construction of a new septic system at 6 Aucoot Road.
Collins had been asked during a previous hearing to discuss the possibility of connecting to public sewer before approving a septic system near bordering wetlands. Collins completed the request with due diligence and returned with information that the Sewer Department had declined the tie-in request due a number of reasons: the location of the pipes on Chapel Road, no other homes in the neighborhood access the sewer system, and the reduction in size of the proposed septic system.
The commission approved a standard Order of Conditions.
Certificates of Completion were issued to Eric Morrissette, 11 Cove Street, and Jay Williams, 13 Abby Lane.
The next meeting of the Mattapoisett Conservation Commission is scheduled for March 14 at 6:30 pm in the Mattapoisett Town Hall conference room.
By Marilou Newell