The chairman of the Mattapoisett Conservation Commission, Mike King, attended Tuesday night’s Rochester Conservation Commission public meeting to launch a complaint that Rochester commissioners said will take time to address the right way.
King complained to the Rochester ConCom that there is an unpermitted structure, a dam, in the Rochester portion of the Mattapoisett River off Wolf Island Road, and it is keeping water from flowing to bogs downstream at Tinkham Pond.
He said he was happy to hear that this bog owner recently received some water flow, but he is upset the Rochester panel’s response has been so slow. The dam never should have been unpermitted and unlicensed according to King, who stated that the dam needs a Chapter 91 permit.
Rochester commissioners responded that if the department hasn’t acted fast enough, it’s for several reasons. Foremost is that Town Counsel Blair Bailey has been working to get the right answers, to find out what permitting has or has not been filed.
“We won’t do anything until we get some guidance,” ConCom Chairman Christopher Gerrior said. “This may be under (state Department of Environmental Protection) jurisdiction.”
To that point, commission member Ben Bailey said he had seen correspondence that indicates a Chapter 91 application has been filed.
King disputed that there was such an application.
Gerrior noted the dam in question has been in place “for a long, long time,” predating the current or even immediately previous owners. “It’s not something that’s just been created,” he said.
Commission member Bill Clapp added the entire region is dealing with a drought. “It’s a problem I see everywhere,” he said.
The Tinkham Bog owner, Al Robichaud, countered, “I have my water withdrawal permits. I play by the rules. The other bog’s owner’s methods are archaic. A pond to hold his water, not suction boxes. It’s a problem.”
Gerrior ended discussion by noting, “We agreed we need to permit this structure, but we can’t do anything until we know more. We need to either make it a legal structure or tear it down.”
Next, the commission learned from Conservation Agent Merilee Kelly that a problematic drain pipe at the Village at Plumb Corner has once again filled with sand. It will need to be cleaned and then a camera run through it to see what repairs may be needed, she said.
The commission then finally heard progress on the 89 Box Turtle Drive enforcement-order dispute. The property owner’s attorney, Timothy Angley, appearing via Zoom, reported that his client is engineering plans that will be ready in mid-September. The property owner had previously refused to respond to complaints he had cleared wetlands without a permit.
Lastly, the commission appointed retired police officer Carl H. MacDermott as a new associate member.
The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, September 6, at 7:00 pm.
Rochester Conservation Commission
By Michael J. DeCicco