Asked in a letter from an unnamed abutter to add a stormwater recharge system for roof runoff and the extension of a grass swale to direct stormwaters into that system, Kenneth and Catherine Wood did so and more, presenting revisions of their building plan to the Mattapoisett Conservation Commission in its July 13, remote access meeting.
The result was a unanimous approval of their Notice of Intent to build a single-family house on the Pinebrook Lane cul-de-sac.
In the public hearing continued from June 22, David Davignon of Schneider, Davignon and Leone, Inc., representing the Woods, noted two key changes, the stormwater recharge system and extension of the grass swale, and secondly a proposed extension of the clearing limit to the property’s westerly boundary – basically the backyard, according to Davignon – as requested by abutters.
“We’re happy to make those changes… looking to close the hearing tonight,” Davignon told ComCom.
The commission took the opportunity to reiterate its contention that the historic groundwater issues are the apparent result of inadequate engineering and not the fault of the owners.
ConCom Chairman Michael King asked Davignon if copies of the revised plans had been provided to abutters. Davignon explained that the sole request was answered with an invitation to pick up a copy at Schneider, Davignon and Leone, Inc., but that person had not followed through prior to Monday’s meeting.
A Notice of Intent filed by Bruce Rocha Sr. for work at 13 Sea Marsh Way was continued after discussion. Rocha was represented by Stan Humphries from Environmental and Restoration Consulting LLC. As Humphries explained to the meeting, a 1,100 square-foot lot was previously approved with a negative determination of applicability in a February meeting of ConCom.
Humphries proposed six activities inside 7,500 square feet of land, none on the beach and none in the saltmarsh. The proposed, single-family house will measure 1,400 square feet and stand on piles. There will be two driveways off the salt marsh with a flat area of concrete slab and a short ramp, water being directed into pervious part of the driveways. A lawn area 10 feet wide to the sideline lot boundaries and a 6-foot strip revegetated with salt-tolerance shrubs and grasses was also proposed.
Citing FEMA regulations, King said he is not 100 percent convinced of the retaining walls and will need to conduct research to make sure retaining walls are permissible.
After comments were invited from the audience – there were none – King told Humphries that, while approving RDAs on the night they are requested, NOIs are subject to continuance to ensure the public has time to digest and respond. Thusly, ConCom would like to have one meeting to continue, do research, and check on compliance and performance standards.
Asked by Humphries, Davignon said, “My understanding is that the slab cannot be connected structurally to the concrete columns or the retaining walls to the ramp.” Davignon said Humphries plan “should be fine” but reiterated a need to review the matter.
King told Humphries that approval of his plan will ultimately be up to the Building Department. The hearing was continued.
A NOI filed by Dale Leavitt of Blue Stream Shellfish LLC proposing an oyster aquaculture requesting 50 acres at a former shellfish farm site was continued but very much welcomed by the commission.
Citing his 22 years in the seafood industry in New Bedford and his own application for oyster farming in Mattapoisett, King told Leavitt, “I know that you have been jumping through a lot of hoops.” King also recognized Leavitt’s career at the University of Rhode Island helping other farmers.
“I personally think you will make an excellent addition to this area,” said King. “As much as I would like to grant you an approval, I have to allow an extra meeting to allow the public comment… “All of us would like to be there for your first harvest with shucking knife in hand, and maybe some cold beverages.”
The commission shared in the laugh and voted to continue the hearing to July 27, after which Leavitt made a point of thanking Mattapoisett Conservation Agent Elizabeth Leidhold for her assistance in the application process during a complex year affected at municipal, state and federal levels by the coronavirus pandemic.
“We think it will have wonderful effect for the water of Buzzards Bay,” said King.
Matthew Mulnansky was issued a negative Determination of Applicability and can now forge ahead with his plans to install an above-ground pool within 100 feet of wetlands in the backyard of his 123 North Street house. The 21-foot round pool will have a ladder.
Leidhold’s only advice was to aim the discharge of the pool in a direction away from the wetlands to avoid chlorinated or salted water away from the wetlands. After hearing no public comments inside of the three-minute window, a motion was approved to issue a negative-three determination of applicability. Mulnansky also indicated he wants to work on an existing deck next year.
Homeowner Scott Kruger was issued a negative-three determination of applicability for his beach cottage at 6 Pine Street, where he plans to expand the outdoor living and entertainment space including a new, 40×16-foot floating deck away from the existing home and rebuild a 12×16-foot shed that has water damage. The deck would be within 100 feet of wetlands.
King said that coastal storm flowage would be the driving concern and that the town’s Building Department would be the agency to lend guidance. Kruger’s approval came with the condition of notice to the commission prior to construction.
Certificates of compliance were issued to: Torwin Development at Shagbark Circle; David McIntire Jr. in the adjacent Shagbark Circle lot (subject to the requirement of an as-built plan); and to Mark Kwatcher at 22 Fieldstone for an extension of his back yard (subject to the requirement of an as-built plan including the fence).
An RDA filed by William and Robin Snow for a 12-x12-foot shed and deck expansion at 1 Beach Street was continued to ConCom’s next meeting, July 27. A COC filed by Alexander Makkas at 16 Island View Avenue was continued to August 11. A request to amend an NOI filed by Jesse Davidson at 22 Pine Island Road was also continued.
In her Conservation Agent’s report, Leidhold reported no response to an enforcement order from the owners at 42 Marion Road. King suggested ConCom member Dave Lawrence “get his feet wet” by visiting the property. Lawrence said he is happy to assist.
The next meeting of the Mattapoisett Conservation Commission is scheduled for July 27. Visit mattapoisett.net for further information.
Mattapoisett Conservation Commission
By Mick Colageo