A public hearing scheduled for the June 10 meeting of the Marion Conservation Commission had Chairperson Jeffrey Doubrava situated at the Police Station while the other commission members and applicants connected to the meeting via Zoom. After explaining Marion’s makeshift format for public hearings and procedural changes, Doubrava moved quickly to close a number of outstanding public hearings and appointments from the special meeting held a week prior.
The primary focus of the meeting centered around the continued construction by 120 Front Street LLC. A representative for the developer said he intended to get a proposal for an amended Order of Conditions into ConCom’s hands the week of the hearing but hadn’t had time. Community members, in the meantime, voiced their concerns about potential unsanctioned work taking place on the site.
These concerns were raised in addition to previous concerns about an increase in flooding in the area that may be the result of the work being done on Front Street. In a previous meeting with the commission, Bob Larson, the property manager for St. Gabriel’s Church, reported an increase in flooding that may be the result of drainage coming from the construction site.
Larson appeared before the commission to determine if any progress had been made in regard to the potential flooding that may be caused by the site. Doubrava explained that the commission had visited the site and that a definitive cause of the flooding could not be ascertained without the updated plans for the project that have not yet been provided.
The commission’s official business with the construction site in question relates to a Notice of Intent filed to construct retaining walls and relocate a swimming pool on the property. Despite a denial from the commission in relation to the construction of the retaining wall, the wall was constructed. Furthermore, abutters to the property joined the meeting to mention that expansion of the retaining wall seems to be taking place without the approval of the commission.
Vice Chairperson Shaun Walsh noted that there was little action the commission could take until the updated plans come under their review. “We can’t evaluate the proposal until we get the design plan the applicant is looking for us to approve,” said Walsh. “There have been obvious concerns about what has happened at the site in terms of activity that has occurred that was not approved under the current order of conditions.”
Other community members made specific mention of an increase in piles of fill that appear to have been transported to the site. In addition, large paving stones and crates of stones were reported to have been dropped at the site. The general sentiment expressed by participating members was that construction unapproved and not under the purview of the commission is continuing to take place.
Walsh recommended that the commission keep this property on the inspection list to make sure that nothing unsanctioned is taking place on the site. The commission agreed that this particular site should be inspected frequently to address the concerns put forth by the community members.
With the majority of concerns on Front Street addressed by the commission, Doubrava directed the commission to move to settle the outstanding, less-complex hearings put forth by community members.
Michael Moore, owner of property located on 3 Water Street, came before the commission with his plans to repair the northeast corner of a wharf located on the property. The wharf, dating back to 1839, has begun to deteriorate over the past few winters. Moore explained that the stone and granite wall surrounding the sides of the wharf has begun to collapse. Three of the stones dropped out of their positions last winter and are now resting underwater.
“Our plan is to pick up those dropped stones and replace them to make sure they are wedged in tight. This is to essentially re-establish the wharf as it has been for the last 180 years,” Moore explained to the commission.
Apart from the instability the lack of stones creates for the wharf, Moore also mentioned that the rocks at the bottom of the water surrounding the wharf may be a potential hazard for divers. The resetting of the stones would remove both hazards with little work needed. The commission agreed that the proposed plans would require minimal amounts of work and drastically improve the condition of the site. The review of the plans will be continued to the next commission meeting (June 24) to allow ample time for community input.
Gregory Messina, owner of property located at 12 Shellheap Road, came before the commission to propose his plan to plant a small area of seagrass along the northeast area of his property and to plant a row of evergreen trees along the property line. The addition of the evergreen trees would provide Messina with a clear demarcation line for the end of his property.
The commission made specific mention of the good work Messina has done to improve the aesthetic appearance of his property, but they also made mention of potential risks that could come as a result of the lack of clarity within his proposal.
Doubrava explained that the position of the trees on the plan needs to also have the wetlands delineated to make certain that no work would have to be done in a protected area. “There is a history of conflict with jurisdictional areas in that part of town,” Doubrava explained to Messina.
According to Doubrava, a conservative approach would be best with the plantings to avoid the numerous protected areas that surround Messina’s property. The commission requested updated plans with delineation of the nearby wetlands areas to make sure that there is no risk of planting in a protected wetlands area.
Messina agreed that the addition of the wetland areas would make it clear that the work being done is not a risk to the surrounding environment. He explained that he would consult with a wetlands scientist to draft a more detailed proposal for presentation at the June 24 meeting.
In other business, ConCom reopened several continued hearings, granting an Amended Order of Conditions to Mark Ross and Margot Mims for modifications at 195 Converse Road. ConCom issued negative determinations of applicability to Great Hill Marion LLC for the chemical treatment of phragmites by a licensed company on North Great Hill Drive and to Carmine Martinetti for the removal of trees at 75 Moorings Road.
ConCom voted to approve with qualifications a Notice of Intent from Thomas O’Rourke and Farrell Curran to improve the storm damage for their circa 1929 home and reconstruction of a stone seawall at 34 Point Road. The commission also voted with stipulation on the placement of boulders to approve a Notice of Intent filed by Marion Lands Trust LLC for proposed work at a single-family house on Wareham Street. ConCom voted to approve a Notice of Intent filed by Pamela Lees for pier, lift, float and ramp reconstruction at 49 Water Street.
The next Marion Conservation Commission meeting is a public hearing scheduled to take place on Wednesday, June 24, with Doubrava positioned in the Marion Police Station and other commission members and the public joining the event via Zoom.
Marion Conservation Commission
By Matthew Donato