MLT Appeals Zoning Board Ruling

12 Apr. 2006

The Board of the Land Trust decided at its April meeting to appeal the decision of the Mattapoisett Zoning Board of Appeals (ZBA) to grant a special permit to Tedeschi Food Shops to build a new facility with a Dunkin’ Donuts drive-through at the current location of the Salvation Army Store.  While we appreciated the reduction in impervious surfaces that was included in the plan, we continue to be concerned about the amount of litter that would accumulate on the Dunseith Gardens property if a convenience store with a drive-through were located nearby.  We don’t believe that our concerns, or the concerns of others voiced at the ZBA hearing, were adequately addressed in granting the special permit.

Specifically, our appeal of the decision states that: “under Section 7.2.2 of the Zoning By-law, the petitioner’s proposal’s benefits do not outweigh any adverse effects on the Town or the vicinity.  The proposal would adversely impact the plaintiffs’ nearby uses, and would adversely impact the natural environment and the character of the neighborhood.  …  The ZBA failed in all material respects to comply with the requirements of the Mattapoisett Zoning By-law with respect to the granting of the special permit.”

The MLT Board has agreed to contribute $1,000 toward the effort to revoke the special permit but the final costs for the appeal will certainly be much higher.  We do not wish to engage in an intensive fund raising effort for this appeal since we have much greater fund raising needs with respect to land preservation.  We have, however, established an account on our books where we can segregate donations for the legal expenses of the appeal.  Anyone interested in supporting the appeal is encouraged to send a check, payable to the Mattapoisett Land Trust, with a note indicating that the funds are to be used for the Zoning Appeal.  The checks should be sent to our usual address: P.O. Box 31, Mattapoisett, MA  02739; all such donations are tax-deductible to the extent allowed by law.

The decision to file this appeal was not taken lightly – as an all volunteer organization, we would much prefer to use our limited resources of time and money toward land preservation, stewardship, and education.  However, we believe that it is our responsibility to act to protect our properties for the membership and for all the residents of, and visitors to, Mattapoisett.  We have an obligation to do all we can to protect Dunseith Gardens, the home of our beloved Salty, the Seahorse.

EDUCATION COMMITTEE SEEKS INPUT

We Have Funds Available!

One of the goals listed in our original bylaws of 1974 was that we would educate the public as to the responsible use of natural resources.  We have been fortunate to receive a bequest from the estate of long-time supporter Edith Shoolman that is targeted specifically toward programs for children.  We are searching for creative ideas as to how these funds can best be spent and also what other education activities might be appropriate for the MLT.  If you would like to serve on the Education Committee, or just have some ideas you would like to convey, please email us at info@mattlandtrust.org or call 508-758-7849.  We are eager for your imput.

The race is on!
Soaring housing prices, depressed cranberry prices, and the extension of commuter rail lines south have all encouraged more rapid development of open space on the South Coast. In an effort to protect some of our most important open spaces, the MLT has joined six other South Coast land trusts and the Coalition for Buzzards Bay in the Saving Buzzards Bay Lands capital campaign. The purpose of the campaign is to raise $10 million to preserve lands that will be held by the land trusts and to fund a $2 million revolving fund to provide short-term financing for land purchases. As part of the campaign the William Field family has graciously agreed to sell us a conservation restriction on 64 acres of forest, fields, and salt marsh along Brandt Island Cove. We are also looking at other purchases that could unite our many scattered holdings. As we engage in our fund-raising efforts this year, we hope you will help us generously. Remember, once it’s developed, it’s gone.

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