The Marion Conservation Commission on July 28 had to reopen the public hearing for the Town of Marion Department of Public Works’ Notice of Intent to replace the pump station at Creek Road after the Massachusetts Division of Fisheries and Wildlife and Natural Heritage & Endangered Species Program issued a letter with requirements to protect a nearby turtle habitat.
The commission closed the public hearing and issued an Order of Conditions back on July 14, but it had not yet been issued. Soon after, the letter concerning the northern diamondback terrapin, a state threatened species, was received that offered suggested conditions to include in the OOC to protect the terrapin habitat.
Those conditions call for a turtle protection plan for work conducted between May 15 and July 31 and an installation of temporary turtle barriers with a plan to maintain and monitor them throughout construction. In addition, within 30 days of completion, the Town must submit photos documenting compliance to the NHESP.
ConCom Chair Shaun Walsh welcomed the additional conditions, saying that with all the efforts in Marion to protect the terrapin, particularly in The Cove by neighborhood volunteers and their turtle garden, “It’s important to support [and] protect this really neat turtle.”
According to Walsh, well-known TV biologist Jeff Corwin, a Massachusetts native, was in Marion at an earlier time to film a show featuring the turtle garden at The Cove, which Walsh said is slated for release in the fall.
If you spend enough time on the shore and in the marshes of Marion, Walsh said, “You are bound to run into [terrapins] … and you can see them hatching. It’s pretty neat; they’re really neat little turtles.”
In a related project, the Town of Marion DPW’s Request for Determination of Applicability to repair the Creek Road water main and repave 600 feet of the existing sidewalk received Negative 2 and 3 Determinations after the project was revised to discharge dechlorinated water into a sewer utility hole and directed to the wastewater treatment plant instead of directly into the nearby stream. DPW engineer Meghan Davis presented the revision the commission requested back on July 14, a measure that was given the nod by Marion’s wastewater treatment plant and the DEP.
Walsh said of the initial plan to discharge into the stream, “It may be standard practice, and it may not have been a problem, but I think this is a preferred alternative.”
Also during the meeting, the commission issued an OOC to 2 West Drive, LLC, for a NOI to reconstruct a single-family house, install an in-ground pool, and perform associated site work at 2 West Drive. There were no comments from the Department of Environmental Protection or NHESP, except that the proposal would not adversely affect the nearby terrapin habitat.
The 2.5-acre property is within the Velocity zone, and about 75-percent of the pool will be within the buffer zone. The plan includes a septic system, pump chamber and leeching field, but the neighborhood has been approved for a capacity study to possibly hook up to the town sewer. According to engineer David Davignon, the septic part of the project will occur toward the end of construction once the sewer feasibility is determined.
“Any time you have waterfront homes with septic systems, even well-functioning ones, you’re adding a significant amount of nitrogen to the groundwater, which flows into the harbor,” said Walsh. “And anytime you can eliminate that source and send it to a wastewater treatment facility, that has to meet at least 10 milligrams per liter … you’re significantly reducing the amount of pollutants coming into the harbor.” If there were no more septic systems close to the water, Walsh continued, “You would probably see a much cleaner, more vibrant harbor area … so I’m glad to hear that the folks in that area are exploring that. I hope that really happens.”
The commission issued an Order of Conditions to The Loft School for its NOI to build a children’s play area and install a chain-link fence in the buffer zone at 36 South Street. The project includes some limited removal of small trees and saplings to install a woodchip play area 134 square feet in size.
Nicholas and Rosemary Grey, 6 Shawondasse Road, received an OOC for their NOI to improve the shoreline and reduce erosion with the creation of an artificial dune. The public hearing was continued from July 14 in order to revise the plan to include erosion control measures and add oak stakes to hold the jute fiber layer of the artificial dune in place instead of using stainless steel stakes.
The commission approved the request for an extension permit for Stephen and Jane McCarthy, 43 Dexter Road, to demolish a small, dilapidated cottage and build a single-family elevated house adjacent to the Dexter Beach Neighborhood Association parking lot and beach area. The original OOC was issued in October 2018, but construction was never commenced due to COVID-19. The extension is good for another three years.
The public hearing for Sippican Lands Trust for a RDA to reroute the walking trail at Osprey Marsh away from the abutting property was continued until August 11 at the applicant’s request.
The public hearing for John and Cynthia Paliotta’s NOI to eradicate invasive plants, plant native vegetation, manage the woodlands, and create a “long-term sustainable vista corridor” to Sippican Harbor at 119 Point Converse Road was continued until August 25 at the request of the applicant.
The next meeting of the Marion Conservation Commission will be held on Wednesday, August 11, at 7:00 pm via Zoom.
Marion Conservation Commission
By Jean Perry