Coming before the Mattapoisett Conservation Commission on July 9 was Brian Grady of G.A.F. Engineering, representing applicant Daniel McCarthy for a Notice of Intent filing. The continued public meeting brought out several property owners.
The scope of the project located at 12, 14, 16 and 18 Ocean View Avenue is rather straightforward, to replace and repair 300 feet of a vertical, stone-and-mortar, sloped revetment damaged by seasonal storms. What was unclear was whether or not abutters and others in this Brandt Beach coastal neighborhood maintain easement rights.
Two weeks prior when the NOI was first brought before the commission, member David Nicolosi wondered aloud if the residents in the area were onboard with the plans, calling the parcel part of an area once known as “The Reservation.”
Grady had explained that Mattapoisett’s assessing office found no such place, nor did its records identify a property owner. The filing was continued pending determination not of this matter but comments from the Massachusetts Natural Heritage and Endangered Species office.
On this night, several property owners explained their concerns that the planned repairs would cut off their beach access, access they say was noted in their property deeds at least as far back as the 1950s.
Attending the meeting via Zoom, McCarthy said he had no intention of limiting the historical access but was primarily concerned with making the revetment safe.
Commission Chairman Mike King suggested to the residents that they contact a land-court lawyer to untangle the easement issue, but that the commission has no jurisdiction in those matters.
The filing was conditioned and will be granted plan of record modification if, in the future, McCarthy wishes to add stairs down to the water’s edge.
In other business, conditions were issued to NOI filings by Livingstone Plymouth Nominee Trust and Michael Livingstone for two lots off Whalers Way.
A new plan of record for 7 Shipyard Lane for repairs to an existing seawall was accepted.
A Negative 2 decision was granted for a Request for Determination of Applicability filed by John and Ruthanne Igoe, 5 Avenue A, for a second-floor addition in a jurisdictional area.
The next meeting of the Mattapoisett Conservation Commission is scheduled for Monday, July 22, at 6:30 pm.
Mattapoisett Conservation Commission
By Marilou Newell