Proposed mobile home park’s proximity to wetland creating legal headaches

Conservation Commission passes determination

By Owen Boss

GARDNER — The Conservation Commission held a public hearing Monday and passed a determination the Sunshine Realty Trust requested for the filing fees to develop a mobile home community at Sapphire Park, located on Pearl Street and Shawn Avenue. According to officials on the commission, it had been voted upon and determined several meetings ago that the many of the lots the trust requested were in direct violation of the Wetlands Protection Act because they were within the 100-foot buffer zone around a protected wetland. The developers of the project agreed to pay filing fees and requested to pay one set fee for the entire property, which the commission voted against. The commission was opposed to recognizing the projected site as one large property, because some of the lots were in violation of the buffer zone and some were not, which meant that the charges required for filing fees would be different. Lisa Wood, attorney for the trust, said that the park should be considered one continuous lot, and that because it was going to be a mobile home lot which only required the construction of a driveway and concrete slabs for the trailers to rest on, the construction required could not be considered “home construction.” Commission member Rich Turcotte said that although there may be a difference between the construction efforts behind building an actual house and preparing a space for a mobile home, the effects on the wetland would be negative regardless. “Basically, when you build a house you have to lay the foundation and grating and prepare the area,” said Mr. Turcotte. “What you do to the house vertically has no impact on the surrounding area, so when you prepare a concrete slab you are still going to lay foundation and grate and in my eyes the impact is going to be about the same.” Steve Rockwood of 310 Pearl St. said that the project worries him. “I am concerned with the quantity and quality of water that will be coming off of that area,” said Mr. Rockwood. “When they put one road in the area about 15 years ago I saw a lot of water coming down into my property, which means we get more runoff in the spring and nothing in the summer months. I’m concerned that in the spring this is going to flood three or four houses in that area, and in the summer there won’t be any water in the brook nearby.” Mr. Rockwood added that if mobile homes are eventually developed on the property there will inevitably be grass planted, and the fertilizer the contractors use will end up in nearby water sources. The commission filed their determination that did not recognize the area as one lot, and rather asked for varying filing fees dependent upon the lots’ proximity to the protected wetland. Commission members said they expect their ruling to be appealed and that it is now a matter for the Department of Environmental Protection. oboss@thegardnernews.com

Appeared on Page 1 on 5/13/2008 (Vol. 206 No. 114)