Acushnet Commission Deliberates Encroachment on Conservation Land
- Meeting Overview:
The Acushnet Conservation Commission’s recent meeting yielded notable decisions and discussions regarding local land use and environmental concerns. One notable issue addressed was the encroachment on a 58-acre parcel of conservation land owned by Buzzard’s Bay Coalition, involving a small barn built on the property without proper authorization. The commission considered a proposal for a limited, non-transferable license to resolve the issue, allowing the barn to stay for the current landowner’s lifetime or until the property changes hands.
The commission’s deliberation on the encroachment centered around the landowner’s claim of adverse possession, which asserts legal ownership based on prolonged, unchallenged use of the land. The barn, having been on the coalition’s recently acquired property for an extended period, prompted discussions on a potential license agreement. Concerns were raised regarding the implications for insurance, tax responsibilities, and the impact on existing trails near the barn. The commission sought clarity on the terms of the proposed license and, after discussion, expressed general agreement with the solution, considering it reasonable under the circumstances. The formal vote by the commission was sought to confirm the agreement.
In addition to the encroachment issue, the commission faced a request for determination filed by a resident for the construction of a garden shed within the 100-foot buffer zone of a bordering vegetated wetland. After reviewing the proposal and finding no issues, the commission closed the public hearing and unanimously approved a negative determination, allowing the project to proceed.
Another matter before the commission was a public hearing on an abbreviated notice of resource area delineation for a property on Middle Road. The commission had to continue the hearing to a later date due to the absence of the engineer’s assessment. Attendees were advised to stay updated via the town website and to reach out to the conservation office for further information on the project’s progress.
A third item on the agenda involved a public hearing for an after-the-fact request for determination of applicability for a property located on M Poison Road. The commission reviewed an updated plan detailing a rock wall, stormwater infiltration chambers, and a shed canopy and wall. The representative for the property owner provided these updates in response to the commission’s earlier discussions, which had questioned whether a full notice of intent was necessary. The commission accepted the updated plan and opted to continue the public hearing.
These instances highlighted the complexities involved in environmental regulation and the need for clear communication and documentation.
Public comments brought to light community concerns, notably the issue of flooding in the area. A resident described the persistent problem of storm drainage, which had caused their cellar to flood, with their sump pump running continuously since Thanksgiving. In response, a commitment was made to contact the chairman of the select board to gather information and address the drainage issues.
The commission’s agenda also included other business, such as an oversight that led to the rescheduling of a request for determination. A request from a solar company to commence planting earlier than scheduled due to mild weather conditions and budding foliage received support from most of the commission members.
James Kelley
Environmental Commission Officials:
Ryan Rezendes, Everett Philla, Eric Debarros, Heidi Pelletier, Douglas Thomas, Christian De Sousa, James Souza, Joann Demello (Senior Clerk)
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Meeting Type:
Environmental Commission
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Committee:
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Meeting Date:
04/10/2024
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Recording Published:
04/11/2024
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Duration:
56 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Bristol County
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Towns:
Acushnet
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