Once again, it was late into the evening’s agenda when Mattapoisett’s Conservation Commission tackled the issue of drainage problems at two residential sub-divisions, Appaloosa Lane and Brandt Point Village.
Chairman Peter Newton made it clear that Planning Boards were ultimately responsible for the approval and oversight of engineered drainage systems. These boards can call for “as-built” plans post-construction to ensure that a project was completed as planned and approved.
As a point of clarity, however, he also said that in so far as those systems involve protected wetlands, then ConCom would have some jurisdictional oversight. Newton pointed out that the Conservation Commission’s primary responsible was to ensure that the wetlands protection act was followed. Further, any ‘conditions’ imposed by the commission on projects for which they have jurisdiction, oversight of the conditions fell to ConCom. But regarding the enforcement of engineered plans, Newton said the Planning Board was in the driver’s seat.
Regarding the two sub-divisions that continue to bring out abutters and neighbors, the commission reviewed their current status.
Brandt Point Village recently lost its bid with the Planning Board to increase the total number of bedrooms at the 41-unit site. The developer’s representatives had been before ConCom on several occasions regarding a remediation area that had not been completed and to share with the commission their plan for a ‘Bio-Clear’ septic system. The developer planned to install this state-of-the-art sanitation system if they received approval to increase the total number of bedrooms at the sub-division. Failing that, the future of the project is presently unknown. ConCom member Bob Rogers said, “….we now have an unmotivated developer…”
Although the remediation area is still part of the developer’s responsibility, Rogers felt that if they didn’t move forward with completion of the site as originally approved, there wasn’t much the commission could do to enforce the ‘condition.’ As for the drainage issues at the site, Highway Superintendent Barry Denham had told both the Planning Board and ConCom that a brook contiguous to the sub-division and to Gary Lane is the responsibility of the developer for the 500 feet on his site. The balance of the brook passes through private lands. Now that the developer’s project is up in the air, plans for clearing the brook and making it more efficient as part of the sub-division drainage system is also unclear. Rogers and Denham both expressed serious concerns for the homeowners who have already purchased homes at the site and to whom the responsibility for a very large private septic system may fall.
Appaloosa Lane, another highly contentious sub-division, was also discussed. ConCom had asked that Brian Grady of GAF Engineering come before them to bring them up to date on drainage construction at the site. However, Grady had no new news to share, stating that he had been out of town and unable to find out what work the contractor was undertaking at the request of the developer, Michael Solimando.
Grady was fully aware of the ongoing problem with drainage basins retaining water and thus creating large stagnant pools ripe with mosquito breeding, but due to the standing water, investigating the basins themselves was impossible.
Denham told the commission that the Planning Board was holding a public hearing on the sub-division on June 16. The public notice for that hearing reads in part, “…the Mattapoisett Planning Board will hold a Public Hearing on Monday, June 16 at 7 pm in Town Hall … to consider modification, amendment or rescission of a Form C approval issued to Michael Solimando for sub-division of land on Appaloosa Lane located off River Road…” (The full hearing notice can be found at www.mattapoisett.net on the Planning Board page.)
Patricia Apperson, 21 River Road, and Brian Cook, 11 River Road were both in attendance to plead for some relief from what has become an unrelenting drainage problem on their properties. Apperson asked several times why ConCom couldn’t do more to make the developer fix the drainage problems, but again heard that the Planning Board held the responsibility. After lengthy discussion, several to-does were given to Grady: 1) Obtain mosquito pellets from the board of health for the standing water, 2) Visit the site with Conservation Agent Liz Leidhold and Director of Inspectional Services Andy Bobola to determine if soil erosion is entering wetlands or leaving the site, and 3) Invite Solimando to attend the next ConCom meeting to present the most recent drainage plan that was approved by the Planning Board. In the end, the abutters heard that the developer had the ultimate responsibility to fix problems at the site.
Earlier in the evening, Wyandotte Farm, Mr. and Mrs. Michael King, 88 Marion Road received a Negative 2 determination and will be able to move forward with plans to build a “hugelkultur,” aka hoogle culture raised composite bed. This will allow the farm to compost chicken processing by-products and waste while also growing plants in raised composted beds.
Mark Burbine, 5 Avenue B, received a Negative 2 determine for the construction of a small kitchen addition in a flood zone. Edward Ruel, 2 Beach Street, also received a negative determination for the expansion of a deck. And, Anne Donnelon, 20 Highland Avenue, received a negative determination for the construction of a concrete driveway to replace crushed seashells.
The continued hearing for Blue Wave LLC for the construction of a solar farm off Crystal Spring Road moved closer to a reality. Rick Charon, engineer, came before ConCom noting that he had met with the town’s peer review consultant, Gary James, and several of James’ concerns regarding impervious drainage conditions have been resolved. Newton and ConCom member Marylou Kelliher shared the results of their site visit to the Rochester solar farm currently suffering from severe erosion. Charon said that without proper management of the soils prior to the establishment of planted grasses, erosion could result. He detailed that the types of soil at the Crystal Spring site were different from the sandy soils at the Rochester location and that part of Blue Wave’s plans would be erosion mitigation planning.
Drainage issues along Crystal Spring Road were once again discussed with Peter Wolski, 4 Crystal Spring Road, again airing his concerns along with questions regarding water shed into the aquifer. Charon countered that the drainage issues along this roadway were of a long-standing nature and not a result of run off from the proposed solar field and that the area is not part of the aquifer. Wolski wanted to know who was going to be around to contact if something goes wrong with the drainage system. Charon said that Blue Wave was ultimately responsible. Wolski asked the commission and all boards to please be conservative when reviewing this project. Blue Wave’s hearing was continued until June 23.
The site for the future Southcoast Farms, 11 and 13 Industrial Drive, cleared a small hurdle when Bob Field of Field Engineering told ConCom that he had receive clearance from state fish and wildlife agencies to remove existing stock piles of soils within a 100-foot buffer zone to a bordering vegetate wetland. The project was allowed to move forward with standard conditions.
Frank Linhares, 16 Holly Hollow Lane, received a certificate of compliance, as did Tim Ray, 1 Pine Wood Way, and Greg Downey, Mattapoisett Neck Road.
The next meeting of the Mattapoisett Planning Board is June 23 at 6:30 pm in Town Hall.
By Marilou Newell
