Mattapoisett Conservation Commission Chairman Mike King said several times during the commission’s May 11 meeting that cases would or should be continued to give abutters and other interested parties full opportunity to review documents associated with a filing affording them “ample time” to express their concerns or ask their questions either at a re-opening of a hearing or by sending comments via email. He expressed that there are limitations to the remote meeting process and believes it is important to have some meetings continued for the benefit of public discourse.
The application of Scott Snow, aka Sandy Toes Realty Trust, 27 Nashawena Road, has been one such case. The new home planned for the site has met with many questions funneled through William Madden of G.A.F. Engineering. Madden was hired by the Antassawamock Club, Inc., a private collective whose members include abutters to the project site.
Madden, over the course of several meetings, raised on behalf of his clients’ questions regarding construction methods for the extension of rebar in pilings used to evaluate the home planned for the flood zone, introduction and volume of fill, stormwater systems, and compliance with the most recent issue of FEMA regulations. On this night many of those same questions were raised, along with a pool foundation that had been previously permitted.
King expressed awe at the number of emails received by the Conservation Commission office given that the “neighborhood” had hired a “licensed engineer.” He also said that many aspects of the project have been previously permitted, such as the home’s foundation, and intimated that had the FEMA regulations not been modified since 2014 when the project was first planned, it would be moving forward now. “We are here now because of FEMA,” he said.
Madden commented that several items were still missing from the plan of record, although a new plan had been submitted. He questioned if a buried propane tank and septic tank had been secured using the newest guidelines. He questioned if the concrete pavers were allowed and if identified resource areas were properly shown on the plans.
Conservation agent Liz Leidhold said when asked that she had not been to the site to ensure that jurisdictional areas were being adequately depicted on the plans.
King said that the tanks in question had been previously permitted. Madden said he had been raising these sort of questions since January but did not see them being completely addressed. King asked, “What do you want him to do; dig them up?” It was settled that confirmation of compliance would be provided by the Board of Health and the Fire Department.
Regarding construction methods, King responded to those questions as he had in past meetings. “That is not in the purview of the commission… that’s the (jurisdiction of the) Building Department.”
Time and again through the proceedings, Rich Rheaume of Prime Engineering, the applicant’s representative, responded that the project would meet current FEMA regulations and that issues brought to the fore by Madden would be on the plan of record.
King said that several emailed comments questioned if the project would be in harmony with the neighborhood, to which he responded it would while adding that inherent issues in the neighborhood were not problems that the applicant needs to solve. He pointed to drainage problems offering that those issues could be a result of ditches dug for mosquito control.
After going through the lists of issues raised by Madden, King said, after polling the other commissioners, that, “…I think we have a consensus for the issues under review by the commission… other issues belong to other boards.”
King opened the hearing to public comment but cautioned those wishing to speak to, “not waste time going over issues addressed by your licensed engineer… if you have anything, take it up with the (Department of Environmental Protection).”
After asking three times if anyone wished to speak, the public hearing was closed. King said documents would be made available to anyone wishing to see them, but that at the next meeting an Order of Conditions would be ready for the commission’s approval. The hearing was continued until May 27.
David Davignon of Schneider, Davignon, and Leone, Inc., representing James and Sharlene Craig, Aucoot Road, outlined a timber pier plan. He said that the pier would extend some 17 feet into bordering vegetated wetlands and another 47 feet across marshlands. He said that at low tide the “cove” was basically a mudflat.
Davignon said that the DEP had forwarded “numerous comments” including long- and short-term impact on the salt marsh. He said, “The cove was dredged in 1973,” and had been filling with sediment ever since, resulting in an area that wasn’t supporting plants or animals. That was confirmed, he said, by a marine scientist.
Opening the meeting to the public, King added, “We’ll open the public meeting, but ask the applicant to continue to give the public and abutters time to review the plans.”
Technical issues with background noise made it impossible to hear an individual voice clearly. Once all microphones were muted, an abutter, Daicey Richardson, asked how far into the cove the pier would extend and if it would hinder other boaters. Davignon said that the pier was not near a channel between Aucoot Cove and the town of Marion, but that it would extend 50-feet across the water.
The meeting was continued until May 27 to give the applicant time to respond to DEP questions and the public additional time as well. The public hearing was not closed.
Other hearings continued until the May 27 meeting were: Notice of Intent filed by Richard Jarvis, Beach Street, for the construction of a single-family home; Notice of Intent filed by Andrew Bishins, 20 Winnatuxet Beach Road, for the construction of an addition to an existing home; Notice of Intent filed by Town of Mattapoisett for improvements to Industrial Drive, Bart O’Brien of Whitman Homes, 38 Prince Snow Circle, and Christine Coughlin, 40 Prince Snow Circle, for turtle protection plans, and Jesse Davidson, 22 Pine Island Road, for changes to the original plan of record.
The next meeting of the Mattapoisett Conservation Commission is scheduled for May 27 at 6:30 pm, however attendance details are pending Governor Baker’s emergency orders.
Mattapoisett Conservation Commission
By Marilou Newell