FREE - Fairhaven Neighborhood News

ConCom approves replication; reviews open space proposal
By Meredith Winnett
Neighb News Correspondent
At its August 22 meeting, the
Fairhaven Conservation Commission
allowed percolation tests, tree
trimming, and construction of a deck
as well as continuing three requests
and reviewing an amendment from
the Buzzards Bay Coalition for
conserving a parcel of land on New
Boston Road.
Allen Decker from the Buzzards
Bay Coalition (BBC) approached the
board looking for comments on a
proposal to place a conservation
restriction on a 59-parcel on New
Boston Road.
The town acquired eight acres of
property from the Fitzgerald family in
February for a prior conservation
project. The final project of 66.95
acres will allow recreation, trails, and
a parking area. The proposal will
require a public hearing at a
Conservation Commission meeting
before it can be approved.
Lucy Figueiredo of 1 Bayside
Street, represented by Rick Charon,
appeared before the board seeking
permission to perform percolation
tests within 100 feet of a buffer zone
to BVW (bordering vegetated wet -
lands) and within a VE (velocity zone,
so the property would take direct
impact of waves during a major
event) flood zone.
Mr. Charon stated that the septic
system filtration will need at least two
holes and they will be covered. Ms.
Figueiredo’s front yard is just inside
the limits of the buffer zone. The
board ruled a positive 2B determina -
tion for the boundary and a negative
two determination for the work.
A positive 2B means the line has
not been reviewed by the commis -
sion, but they will allow the project to
proceed because it is far enough
away from the proposed structure. A
negative two means the erosion and
sedimentary barrier shall serve as
the alternation line and that barrier
will protect the wetland. No work
shall be done past that point.
In a continued hearing, Fernando
A. Lemos of 9 Goulart Memorial Drive,
who had attended the August 8
meeting, received permission to trim
and remove overgrown and rotted
trees. The board did an on-site review
on August 21 and gave a negative 3
determination, with no special
conditions, at the 8/22 meeting.
A negative three means that the
work within the buffer zone will not
alter an area subject to protection
under the act.
A to Z Construction Co. Inc. from
40 Point Street applied to construct a
rear deck within 100 feet of a BVW
and within a VE flood zone. Building
manager John Cusson and business
owner Sam Sylva represented the
company. They requested permission
to remove a stockade fence and three
deteriorating sheds while adding a
farmer’s porch and a new plastic
The final project of
66.95 acres will allow
recreation, trails,
and a parking area.
shed. They were asked to return in
front of the board on September 12 ,
so members could visit the site on
September 11, and changes could be
made to their amendment.
They were granted permission
with a negative three for their rear
deck determination as it is in a
previously disturbed area of grass.
In an a after-the-fact filing, Brian
Ribeiro of 475 Bridge Street appeared
in front of the board after doing work
without attending a meeting. Mr.
Ribeiro said he wishes to construct a
lean-to to an existing garage within
100 feet of a buffer zone to BVW and
within NRB (Nasketucket River Basin,
which protects the Mill Pond area).
Neighbor Gloria McGreevy
attended the meeting to voice her
concern of the noise level and what
sounded like “grinding stone.” The
board will visit the site on September
25. If the site is in compliance, then
Mr. Ribeiro will likely receive a permit
on September 26.
A hearing for an amendment to a
project by John J. Sylvia of 7 Hickory
Street was continued. Mr. Sylvia, who
is requesting to include a shed and
car port within 100 feet of a buffer
zone to BVW did not attend the
meeting.
Some of Mr. Sylvia’s neighbors
attended, saying the construction is a
“shame” because it is supposed to be
a wetland area and there are missing
trees, so the property does not look
the same. The hearing was
automatically continued to the
September 12 meeting because Mr.
Sylvia did not attend.
Wayne and Nancy Frye of Seaview
Avenue received a continuance at the
August 8 meeting after a notice of
intent for landscaping. Consultant
Brandon Phaneuf was supposed to
attend the 8/22 meeting with BPW
Superintendent Vincent Furtado, but
Mr. Furtado was at the BPW meeting.
Chairperson Andrew Jones
suggested that Mr. Phaneuf, Mr.
Furtado, and the Fryes meet with
Conservation Agent Wayne Fostin to
discuss their plan for the land -
scaping. The hearing was continued
to September 12.
In other business the board:
• Issued a Certificate of Compliance
to the residents of 37 Babbit Street.
A Certificate of Compliance is
issued after a project has been
completed and the applicant has
satisfied the conditions the
Commission has placed on it.
• Received a complaint letter for the
area of 3 Courtlyn Way about a
neighbor dumping grass on town
conservation land and allowing a
dog to defecate in the woods. The
board will perform an on-site
inspec tion on September 25. •••
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Page 22
Thursday, August 25, 2011
Fairhaven Neighborhood News