ORANGE — Selectboard members will use the next week and a half to mull over recommendations to resolve the issue of unlicensed docks and other structures along the Lake Mattawa shoreline.

The Selectboard in July 2024 received a complaint from the state Department of Environmental Protection that focused on Holtshire Road, where there are numerous docks, steps and decks, and access by the public is blocked by chains and “no-trespassing” signs. This prompted the formation of the Lake Mattawa Docks Subcommittee to study regulations, permits and licensing.

Lake Mattawa Docks Subcommittee member Kevin Mills came before the Selectboard this week to share his group’s research and suggestions. Board members agreed to discuss the recommendations and possibly vote on the matter at the Feb. 5 meeting.

“This is the culmination of several months of work by our subcommittee that was appointed … [in the] late summer,” said Lake Mattawa Docks Subcommittee member Pat Lussier, who also serves the Selectboard’s vice chair.

In his presentation, Mills explained the subcommittee collaborated with MassDEP and the state Department of Conservation and Recreation to thoroughly understand the regulations that apply to Lake Mattawa. The subcommittee reportedly reviewed existing dock licenses, the number of docks installed on the lake, and deeds and ownership on the lake’s shoreline. It held a series of meetings to discuss the findings, receive input from the public and develop recommendations.

Lake Mattawa, a tributary of the Quabbin Reservoir, is defined as a great pond — a pond or lake that contained more than 10 acres in its natural state — and is protected by state law. There is a state statute regulating placement or construction of any in-water structures, such as docks or floats, in great ponds. Mills said there are currently 73 docks installed on Lake Mattawa, none of which have valid licenses required by Chapter 91 (the Massachusetts Public Waterfront Act). Orange is liable for unlicensed structures that exist on town-owned land, where all the docks sit.

One of the primary requirements to apply for a Chapter 91 license is to show the applicant has ownership of the shoreline or show that permission has been granted by the owner of the shoreline. The town owns most of the lake’s shoreline. Mills explained some lake residents might have licenses, but they are likely not the owner of the shoreline land, making the licenses invalid.

To obtain a license for a dock on Lake Mattawa, Mills said, the town would need to sign off on the Chapter 91 license applications for these water-dependent structures to receive authorization. An order of conditions from the Conservation Commission must be obtained to conduct work that changes the land at Lake Mattawa’s embankment.

The 118-acre Lake Mattawa — a popular swimming, boating and fishing spot that is stocked with trout and salmon and has a beach and a boat ramp — was reportedly created with the intention of establishing a waterworks facility for the town. In 1893, four takings were made by the town’s water commissioners so a dam could be built to increase the lake’s size. Although deeds exist that claim ownership of the shoreline, there is no evidence that the town transferred titles to the shoreline, except for the point at the lake’s northernmost part.

The subcommittee recommends the town request that MassDEP administer Chapter 91 licensing of the water-dependent structures on Lake Mattawa, as this will ensure a compliant, fair and equitable process for all town residents. It would also substantially limit administrative costs to Orange and eliminate responsibility of the town to monitor compliance of the Chapter 91 waterways regulations.

The water commissioners will consider co-signing applications for Chapter 91 waterways licensing for existing docks only, for a specified period of five years, with the option of renewing. If a property on Holtshire Road or Lake Mattawa Road is sold or transferred, removal of the dock will be required, as licenses do not transfer to new owners.

The town will not co-sign Chapter 91 license applications if the in-water structure did not exist at the time of the decision, if the in-water structure is not in compliance with all applicable regulations, and if temporary and permanent structures and site improvements associated with the in-water structure have not been removed as ordered from town-owned land.

Mills also noted the Selectboard can investigate assessors’ fees as well as property taxes collected from assessments to use for maintenance of Lake Mattawa.

Lussier said developing a licensing procedure would entail an involved and lengthy process, and she recommended that “we simply let the MassDEP do their thing and administer this licensing program, rather than the town taking it on.”

She said Marta Nover, the Orange Conservation Commission’s chair, was a member of the subcommittee and mentioned that removing what has been installed in the lake may further damage the area.

Frances Rahaim, who lives on Holtshire Road, said she feels the presented information is old, citing the 1893 reference. She also said docks take up only 3% of the shoreline. She mentioned she would like a reasonable solution to this issue and said the Lake Mattawa Association was denied a seat on the subcommittee.

“I’m not feeling like the people that are involved around the lake really had a proper say in the matter. In fact, we weren’t even allowed to make public comments in the first meeting,” she said. “I don’t point this out to be difficult, I’m just saying we are all in this together. We all live in this area. We all want to keep the lake clean and open for everybody and [with] drinkable water. But can’t we focus on that and just find some middle ground somewhere that works for everybody?”

Subcommittee member and Gidney Road resident Bruce Scherer mentioned public access to the lake cannot be obstructed.

Reach Domenic Poli at: dpoli@recorder.com or 413-930-4120.