A representative from the Mattapoisett Town Council was present for tonight’s Planning Board meeting to clear up some miscommunication between the two parties regarding the Board’s jurisdiction over granting a special permit for the construction of a cell phone tower off Jane Lane. Since the proposed location is not within the designated corridor near Route 195, the authority of the Planning Board was in question.
Attorney Jonathan M. Silverstein, from Kopelman & Paige, P.C., a Boston legal firm that acts as Mattapoisett’s Town Council, provided a ruling to the Planning Board, stating that the ZBA is responsible for the cell tower decision because of the residential location of the tower.
But getting that ruling had proven difficult. In a previous Planning Board meeting, some members had voiced their concern that they had not had correspondence with Kopelman & Paige regarding the question of their jurisdiction. Silverstein said that he received a request for information from the building inspector on June 20, but said he was unaware of the Planning Board’s requests for information and apologized for the lack of timeliness of his response.
“The building inspector had asked a question when this application was filed and I answered it when he asked it of me.”
He said he had first heard about the communication problem between the two parties via an article published in the local press.
“Just for the record, there had been no request of me, at least that got to me, regarding this application. I thought it important to set the record straight that no request had been made of us. As Mr. Merlo indicated, he made the request of me on August 28 and the next day, I did get the letter out,” Silverstein said.
He also said he wanted to make sure that they can all maintain a good working relationship and to improve communication between him and his clients and that he wanted to speak face-to-face with the Planning Board as an act of good faith.
In other business, the Board held a hearing for Dennis Mahoney & Sons, regarding vacant land on Marion Road (Route 6). The applicant is proposing to build a 100-foot right of way as an access path to the proposed cell tower off Jane Lane. The road would also help provide frontage to two abutting parcels of land.
Jeff Youngquist of Outback Engineering represented Mahoney at the meeting.
“The reason the road is so long, is in case we ever have to sell the property, they can get frontage off this road,” he said. “All we need is a gravel driveway to get back to the cell tower and that’s basically it.”
“Just to clarify. . .we’re here to just clean up and give you proper frontage on this existing lot,” said Planning Board member John Mathieu.
The proposed cell tower is located outside of the designated area, a corridor next to Route 195. Due to its location, the Planning Board does not have the authority to grant a special permit, but must defer to the Zoning Board of Appeals for a decision.
The construction of the proposed road would divide one lot into two, but would be considered to be one lot because there is no plan to develop the land for homes.
“Essentially it’s one lot now and it’s staying one lot, but the use of that lot is not before us now. This is about cleaning up that lot and creating adequate, legal frontage,” Mathieu said.
As a result, the engineering company has requested waivers be granted for the non-essential features that would be required if the lot was being developed for housing.
Planning Board Thomas Tucker read a letter of endorsement submitted by highway surveyor Barry Denham, stating that the plan adheres to state law.
“My recommendation would be to accept it and that we make sure of Lot #1 is subdivided in any way shape or form, it comes back before the Board,” said Planning Board member Ronald Merlo.
The Planning Board then voted unanimously in favor of the project.
The Planning Board then heard from Brad Saunders, representing the Bay Club, regarding a Form C Application to subdivide land at the Bay Club.
The proposal would divide an existing lot and add those pieces to abutting lots, with no plans for building construction on any of the lots.
“So basically you’ve got the same amount of open space and you’re reducing it by one lot,” said Merlo.
“It makes some sense in some regards because some of these lots are tight,” said Saunders.
The Planning Board voted in favor of the plan.
The next meeting of the Mattapoisett Planning Board will be on Monday, October 1, 2012, at 7:00 pm at the Town Hall.
By Eric Tripoli
