It was another packed house with residents coming out to hear and, if necessary, once again voice concerns and issues regarding the sub-division project on Appaloosa Lane. After several months of hearings with both the Mattapoisett Planning Board and the Conservation Commission, residents from River Road finally succeeded – along with the input from Highway Superintendent Barry Denham – in having developer Michael Solimando brought before the Planning Board. The scheduled hearing was to review the permit and if deemed necessary modify, amend or rescind it.
Brian Grady of GAF Engineers, representing Solimando and overseeing the drainage project, told the board that they needed sufficient time to investigate why water is migrating into neighboring yards and filling basements. He and Solimando agreed that the engineered drainage system wasn’t operating as planned, but to date they did not know why. Grady said that when Solimando first purchased the property, it appeared the water table was lower as depths between seven and nine feet had been found. Now it appears the water table is higher. He questioned whether or not the construction that has resumed on retention basins was creating the problems. Clearly, no one had an answer at this point.
Neighbors had brought their concerns to town hall, both in person and by letters asking for relief in what has become unrelenting storm water run-off onto their properties. Board member Ron Merlo said, “This has been going on for several years … I’m concerned we’ll sit here waiting for information but you won’t do anything…” Solimando said that he was more than willing to work with the town and the residents to correct the problems.
Solimando was given a continuation until July 7 in order to perform soil testing and other investigatory work.
Tree Warden Roland Cote came before the board to receive permission to remove trees deemed diseased at several locations around the village. He was granted permission to remove maple and ash trees from the corner of Barstow and Church Street, 11 Mechanics Street, and 5 River Road. Further, Safety Officer Justin King, through Cote, asked for the removal of trees along North Street that he deemed a safety hazard to motorists. Trees located at the corner of Eldorado and North, and at Bayberry and North situated along scenic byways, will be removed. Cote also brought to the board’s attention the need to remove a large diseased tree located next to the Mattapoisett Historical Society Museum. Although he did not require the Board’s approval in this matter, he wanted the members to be apprised of his rational for removing the tree.
One of two hearings garnering the lion’s share of the meeting was a public hearing for a Form A request by Alice McGrath. She is seeking to sell off land as unbuildable lots to the owners abutting the beach strip. However, it quickly became clear that the old deeds and antiquated sub-division of Welborn Hillier, which predated by-laws by 50 years, was complicated. Represented by Bill Madden of GAF Engineering, McGrath, a widow, no longer wanted the responsibility and liability associated with what was described as a shore park. She said that her husband had purchased several parcels of land in the Cove Street area, including land that fronted a long strip along the beach in front of a number of house lots, aka, a shore park.
As the board members reviewed the deed’s language, it became evident that they might not have the authority to sub-divide the shore park into non-buildable lots that she could sell.
Janice Brockman, a resident whose deed seemed to give her easement rights through the shore park into perpetuity, voiced concern that if the shore park was chopped up and sold, her easement might be in jeopardy.
After intense review and consideration, the board members were in agreement that town counsel needed to review the request and the deed’s language to determine if the Planning Board had jurisdiction and possibly what rights the existing deeds gave residents in the impacted area. The matter was tabled pending legal review.
The next matter consuming considerable time was an informal meeting with Dan DeLuz, Village at Mattapoisett, on the issue of town supplied trash pick-up. DeLuz has been lobbying the Planning Board for months to amend the covenant of the condominium complex so that the residents could benefit from public trash removal. Merlo, who was a member of the Planning Board in 2002 when the covenant was written, wasn’t in favor of such an amendment. “You bought a home that is part of an association,” he said and continued, “You agreed to those covenants.” Merlo flatly stated, “I am dead set against changing covenants.” He felt to do so would set a bad precedent for all such private association agreements.
DeLuz wasn’t having any of it. He continued to express his outrage that many private roads and residences throughout town were enjoying town supplied trash removal but that his complex could not in spite of being taxpayers like everyone else. Board member John Mathieu tried to explain to DeLuz that unlike individual residences in private associations, a condominium is considered a single parcel ruled by a single covenant that is agreed upon between the developer and the town. As such Mathieu said, DeLuz was bound to his agreement with the developer. “As a buyer, you subject yourself to everything the developer agreed to,” Mathieu pointed out.
Chairman Thomas Tucker suggested again that DeLuz take his request to the selectmen, as the board did not have the jurisdiction to spend the town’s money, only they did. He said that if the selectmen wanted to include the complex in the public trash removal, they would have to approve it and then the Planning Board could consider the request. It would still take a majority vote of the Planning Board to amend the covenant for this service to be put in place.
Vowing not to give up his fight, DeLuz left the meeting along with several residents from the complex who had come out to support his request.
Finally, Becky Lockwood presented the board with suggested by-law language changes for ‘lighting’ sections 3.3 to 3.5.6.2. The Planning Board had begun to review improvements to by-law language overall and will continue to do so through the summer in an effort to bring text changes before the voters at the fall town meeting. They are seeking public input.
The next meeting of the Mattapoisett Planning Board is July 7 at 7:00 pm in the town hall conference room.
By Marilou Newell