The Marion Conservation Commission had no reservations during its July 10 public hearing to issue an Order of Conditions to Blue Fin Realty for its proposed construction of a residential dwelling with associated landscaping, driveway, utilities and grading at 170 Wareham Street, but a discrepancy brought to the commission’s attention by an abutter resulted in the continuation of the public hearing to July 24.
Nancy Childs, who owns an abutting property at 168 Wareham Street, expressed confusion at the application because the meeting notice indicated a vacant lot but in fact has a house on the referenced lot (Map 7A, Lot 75) that dates back to the 1940s and is up for sale by its long-standing owners.
The ensuing discussion and research yielded confirmation that the lot was apparently divided at some point in time, leading to a mislabeling of the property when notice went out to abutters.
During discussion of Childs’ comments, Commissioner Jeff Doubrava, attending via Zoom, reported from the Assessor’s records that 170 Wareham Street (Map 7A, Lot 75) refers to the lot with the old house to which Childs was referring and that Lot 76 is the vacant lot that should have been referenced on the application.
The meeting agenda and listed the lot as 75, and that sent Conservation Commission Chairman Matt Shultz leafing through the application to find that Lot 75 was also listed on the application.
Commissioner Shaun Walsh then asserted that abutter notification required that Lot 77 (176 Wareham Street) should necessarily be included; it was later confirmed that Lot 77 residents were notified.
An attorney, Walsh clarified that while he has no problem with the project from a performance perspective, “procedurally, it’s important to get it right, and Ms. Childs has a valid point. It was advertised as Lot 75; this is not Lot 75 … it’s (Map) 7A-76.”
While proper abutter notification had taken place, the fact the case was advertised in The Wanderer incorrectly led Walsh to suggest the continuance of the public hearing and legal readvertisement in the newspaper.
Conservation Agent Doug Guey-Lee explained that addresses can be changed over time in order to accommodate such circumstances on that property or others on the same street.
The property is at Elevation 13 and the flood zone encompasses Level 15, so the whole property is in the flood zone and subject to coastal-storm flowage. The commissioners nonetheless considered the project to be “straightforward.”
Walsh said he is curious as to how much ledge the contractor will encounter.
Three other Notice of Intent filings were approved with conditions.
Repurpose Properties, LLC, will be allowed to construct a single-family house with driveway, utilities, sewage disposal, site grading, raze existing barn and remove a small horse barn and paddock fencing at County Road (Tucker Lane).
Representative Brian Grady of G.A.F. Engineering presented changes made since a continued public hearing, noting that the front field is to be maintained like a mowed meadow (maybe twice a year, he said), and the wall behind the existing barn is to be razed.
“There’s two walls, so now we’re calling for them to remain and act as a foundation,” said Grady, explaining the plan to salvage stone from the demolition of the barn and use it to form a connecting wall to the two existing walls.
Grady said the stones used to fashion the short section are significant in size and will not require mortar to be held together. Walsh agreed and appreciated that the conditions were being taken into consideration by the applicant.
Guey-Lee added his appreciation that the commission’s concerns have been addressed.
Walsh’s motioned for an Order of Conditions deleted placeholder conditions considered to be not applicable. He clarified that the driveway is concrete, except as depicted on the plan of record. The commissioners approved.
Gregg and Elisabeth DiPietro were conditioned for their removal of a driveway and retaining wall and placement of a new, gravel parking area, stone-stepper walkway and installation of a bulkhead at 19 Zora Road.
Representative Tim Santos, a civil engineer with Merrill Associates, Inc., described the application as a flood-zone only project, noting that no other resource areas exist within 100 feet of the property. The owners want to remove a gravel driveway and wall and fill it back in to recover its natural state.
The commissioners consider the project an improvement. Santos confirmed Walsh’s suspicions that a garage once existed under the house. The basement garage door will be removed, but a bulkhead is proposed for the northeast side of the house.
In his motion to approve, Shultz discussed flood control and the addition of the bulkhead, noting that while erosion controls remain, runoff conditions will be removed. No discharge will be allowed from any excavations until that water has been filtered. Trucks shall not be washed on site. Title 5 and flood-plain conditions are removed as irrelevant.
The Dexter Beach Improvement Association, Inc., c/o Kenneth A. Parsons will be allowed to make float improvements at Dinghy Road.
Dave Davignon of Schneider, Davignon & Leone, Inc., explained that there are no structures on the property where the floating dock system is the subject of the NOI. The project includes the installation of six pilings and the 13×4.9-foot dock system. It will require authorization from the Army Corps of Engineers and Chapter 91 (state); applications have been submitted.
Walsh asked if an eel-grass survey had been conducted; there has not, but Walsh accepted the project as straightforward.
At member Millie Seeberg’s motion, the Town of Marion Harbormaster was issued a Negative Box 2 and 3 Determination of Applicability for installation of electrical utilities, including trenching and backfilling to existing grade at 1 Island Wharf (Map 14, Lot 76). The application corrects the omission of applicable details in the original application.
Mary Ricks, 131 Allen’s Point Road, withdrew a NOI application to install two recreational pickleball courts with associated site work and landscaping.
The Marion Conservation Commission was scheduled to reconvene on July 24. The commission is scheduled to meet next on Wednesday, August 14, at the Marion Police Station on Route 6.
Marion Conservation Commission
By Mick Colageo