Lance and Kathleen Scott’s Notice of Intent, heard initially by the Marion Conservation Commission on September 23, for site redevelopment on the beach lot across from 18 Wianno Road headed toward a conclusion after the commission met on October 28.
The applicant set out to remove invasive vegetation and construct a formal stone rip-rap slope and nourish the beach area. It was that last part that was heavily tackled by ConCom on October 28.
After continuances from September 23, October 22, and a site visit on October 24, the October 28 meeting focused on the application of the Nantucket-based “Frost” decision.
At issue was restoration work to a coastal dune, part of the lot’s beach restoration.
Citing the 2000 case, Marion Conservation Commission Chairperson Shaun Walsh referenced language that defined “bordering” as touching the ocean or touching another resource area that touches the ocean.
“You can’t have ocean, two resource areas, and then dune,” he said, acknowledging a history of building on the site, including a septic system and the addition of topsoil and artificial fill that was identified in test pits.
“We either have to consider that dune area to be touching the beach, which means eliminating that coastal-beach dune line,” said Walsh, allowing for what was described as a flattened-out area that is heavily vegetated. “We wouldn’t be able to identify that area as coastal dune if we have bank and beach and ocean…. You can’t go ocean, beach, bank, dune. That’s just the regulation. That’s something we have to have reconciled.”
Walsh relayed consultation that suggested that, in addition to any concrete fragment, any angular stone that is not naturally occurring at the location can be removed. He also encouraged more diversity in the plantings, that the fire pit be relocated farther to the north away from the coastal dune, and added that anywhere phragmites are to be removed, American beachgrass is preferable to turfgrass.
The dissenting opinion suggested that Concom was concerned that the Massachusetts Department of Environmental Protection might appeal any decision made by the local commission, but Walsh said he had no such concern and allowed for the possibility that the applicants might. “This is a tricky situation, and the fact it’s heavily vegetated makes it more tricky,” he said.
“It does seem like we’re rolling around in circles here,” said engineer David Davignon, who represented the applicants.
“Minor tweaks to this plan do not require us to further continue it,” said Walsh. “The DEP’s going to do what the DEP’s going to do. This is a vastly improved plan…. it gets us closer to what that area looked like several decades ago…. I think this is a great plan.”
Walsh advised Davignon to reach out to Circuit Rider Andrew Poyant and offered to participate in a call. The hope he expressed was that a decision could be voted upon when Concom came back together on November 4.
Four public hearings were closed.
Aucoot Cove Properties, LLC was issued an Order of Conditions and certificates of compliance for meeting particular conditions related to their plans for the demolition of an existing barn and construction of a new barn at 98 Indian Cove Road.
Marion DPW Engineer Meghan Davis was issued a negative determination of applicability for the removal of two sections of old fence and the installation of new fences at Old Landing Wharf.
ConCom issued an Order of Conditions for Saltworks Marine, LLC’s plan to clear a small, wooded area and build a pair of arched poly boat storage shelters at 288 Wareham Road. Dan Crete’s boat storage business depends on town approvals.
Dale and Laura Briggs’ were approved for an amended Order of Conditions, specifically referencing revisions to plans for redesigning their planned house at 23 Dexter Road.
The Friends of Wings Cove, homeowners at 35, 43, 51, 67, 75, 83, 95, and 99 Holly Road, who filed a Notice of Intent seeking the removal of phragmites from their properties adjacent to their properties, had their continued case heard during ConCom’s October 28 meeting. The DEP, said Walsh, called it an ecological restoration project. Walsh said he is confident the DEP will issue a file number so ConCom can issue an Order of Conditions. The case was continued to November 4.
In other business, the Town of Marion received a three-year extension on its Order of Conditions originally issued in 1995 for clearing in the Sippican River from County Road to Doggett Brook to help facilitate herring passage toward Leonard’s Pond where they spawn.
The Kittansett Club requested a further continuance to November 18 at 7:00 pm. The club’s October 28 was previously continued from September 9 and 23 for the expansion of its overflow parking lot on the southern end of its 11 Point Road property.
The Marion Conservation Commission was scheduled to meet again on November 4. The next meeting of the commission is scheduled for Wednesday, November 18 at 7:00 pm.
Marion Conservation Commission
By Mick Colageo