On December 12, the Mattapoisett Conservation Commission reopened a notice of intent hearing for 4 Seabreeze Lane, property owned by Daniel and Lisa Craig. Represented by Brandon Faneuf, the Craigs have been seeking permission to retain a large swath of lawn they installed in violation of agreements the town had placed on the sub-division 17 years prior. They have offered several plans over several meetings in an effort to reach a compromise with the commission. Faneuf and Craig came prepared to try one more time.
The town hall conference room was packed with people with vested interest in the outcome of the hearing. There were residents of Seabreeze Lane, the town’s attorney George Pucci, the town’s independent soil and wetland’s delineation expert John Rockwell, as well as lead attorney for the Buzzards Bay Coalition Korrine Petersen.
As for the commission itself, seated were Conservation Agent Elizabeth Leidhold, Chairman Bob Rogers, and commissioners Michael King, Trevor Francis and Chapman Dickerson.
Before things got started, Rogers announced that the Craigs’ appeal of the commission’s September 2016 enforcement order that had been winding its way through Superior Court ended late last week with the court ruling in favor of the town.
“Is the applicant going to abide by the court’s ruling?” Rogers asked. Fanuef responded that the Craigs would be appealing that decision, continuing litigation against the town. With that declaration, the NOI hearing resumed.
The main issue for the commission as detailed in numerous meetings was the Craigs’ alteration of what had been deemed no-touch zones and other wetland areas, some 20,000 square feet. The issue for the Craigs was having the no-touch zones classified as buffer zones and acceptance of original wetland flagging, as well as acceptance of their restoration plans.
Rockwell presented his findings that pointed to the presence of historic wetlands in areas that had not been previously identified and the fact that jurisdictional areas had all been disturbed concurrently. Rockwell displayed historic aerial mapping of the property that showed the massive area Craig had altered for groomed landscaping.
Pucci told the commissioners that if they accepted a new plan from Craig, the court’s ruling to uphold their enforcement order would be rendered null and void.
Petersen expressed that the plans were moving in the right direction, but urged the commission to ensure that no-touch zones established at the time the sub-division was permitted be memorialized. She also asked again for a conservation restriction on portions of the property.
At the end of two hours of discussion and debate that covered everything from type of vegetation to be planted, fill removal, no use of fertilizers, installation of rail fencing, and whether or not an easement still existed for those sub-division residents lacking water access, it appeared that topic fatigue was setting in.
While Rogers wanted Faneuf to return with fully updated plans for all restoration work that illustrated updated wetlands flagging and buffer zones, commission member Mike King felt he had enough information to make a ruling. Dickerson and Francis echoed King’s position; however, Rogers prevailed in getting Faneuf to request a continuation and in keeping the public comment period open.
It was also decided that Rockwell, whose continued work in this matter will now be funded by Craig, would work with Leidhold and Faneuf to hammer out an order of conditions to present when the hearing re-opens on January 9.
In other matters, a notice of intent filed by Jesse Davidson Interiors, LTD for 22 Pine Island Road for the construction of a new dwelling received an order of conditions. Davidson also received a certificate of compliance for work that was never executed on the same property. A certificate of compliance was also issued to Cliff Thompson, 11 Park Street.
The next meeting of the Mattapoisett Conservation Commission is scheduled for January 9 at 6:30 pm in the town hall conference room.
By Marilou Newell