A Mattapoisett resident who dumped unauthorized fill on town-owned land for better beach access was ordered by the Conservation Commission at its December 12 meeting to stabilize the pile. The stabilization is a stopgap measure as the resident pursues necessary permitting so town officials can determine whether the fill will stay or go.
Through his representative Steve Gioiosa of Sitec Engineering, Paul St. Pierre of 25 Main Street apologized for placing the fill, saying that he was not aware of the town’s requirements triggered by taking such an action. Mr. Gioiosa said his client placed the dirt to create a more gradual incline on old steps leading to a public walkway behind his property.
In the discussion with the Conservation Commission, Mr. Gioiosa said that his client is hoping to work with the town to allow the fill. He said conversations already have taken place with Town Administrator Michael Gagne, who suggested that the applicant review bike path plans – which would incorporate the walkway – from CLE Engineering to ensure his plans are in harmony with the path.
Now Mr. Gioiosa said his client is trying to get the proper permitting as the fill is within the coastal zone and 100-foot wetlands barrier. Currently he is surveying area wetlands and preparing to submit a related Notice of Intent to the commission on the matter.
The commission, which already voted to allow Building Inspector Andrew Bobola to take any enforcement action if required, ordered the applicant to stabilize the fill within seven days. Mr. Gioiosa said the client would oblige, and that silt fencing and straw will be utilized to prevent erosion.
ConCom Chairman Peter Newton stressed, however, “I need to be clear that filing an NOI doesn’t guarantee we’ll approve it.”
“I tell my clients that all the time… There are no assurances in the permitting process,” replied Mr. Gioiosa.
In other business, the board continued a hearing until January 9, 2012 regarding a Request for Determination of Applicability application for Main Brook Realty Trust – which sought to replace a corrugated steel culvert at 38 Hollywoods Road.
Representing the client, Mr. Gioiosa explained that a contractor would replace the “rotting out” culvert with reinforced concrete in about a week’s time. He said the collapsed culvert in the long term poses a safety hazard, especially to navigation, and needs to be replaced soon to avoid future problems.
The Conservation Commission, however, would not give Main Brook Realty Trust a negative two determination, which essentially would allow the applicant to move forward, until more information is provided.
“I’m concerned by the lack of detail. It’s fine to come in and save it, but if it is going to be a complete replacement, we will need to know if there is any additional impact on the resource area,” said ConCom member Bob Rogers, prompting the board to postpone the matter until January.
In other business, the board:
• Approved a Notice of Intent from Henry and Lisa Segalas to raze the garage, breezeway and concrete patio to construct additions at 9 Bay Road.
• Approved the razing and rebuilding of a dwelling, and the construction of a new driveway, at 7 Cedar Road with applicant Cedar Realty Trust.
The next ConCom meeting is scheduled for January 9, 2012.
By Laura Fedak Pedulli