The Marion Conservation Commission voted during its May 24 public meeting to issue 122 Register Road LLC an Order of Conditions for a proposed boat-lift system and access walkway.
During the public hearing, project representative Dave Davignon of Schneider, Davignon & Leone, Inc. explained that the activity is to be done by a crane set on a barge and occur on land under ocean and land containing shellfish, requiring Chapter 91 Waterways licensing and the approval of the Army Corps of Engineers, which issued the original permit.
Davignon said he was still waiting on comment from the Harbormaster but had received comment from the state Department of Marine Fisheries and from Natural Heritage that he said suggested no impact by the project. He noted likewise regarding the Department of Environmental Protection.
Commissioner Shaun Walsh sought explanation as to the steel structure slightly off the existing grade. Davignon clarified that the structure will be rigged to rise up with the boat. He said the commissioners could view an example of the same on Water Street.
Mark Manganello of LEC Environmental was engaged by the property owner, and Davignon said Manganello expects to visit the site in mid-June, considered an optimum time to evaluate the saltmarsh area and determine what it needs in the way of mitigation efforts.
Chairman Jeff Doubrava and Walsh considered the Division of Marine Fisheries comments to be “boiler plate” in nature.
Noting that the original application generated much in a way of public comment, Doubrava sought public comment and got none. With that, the commission voted to close the public hearing.
The Sippican Lands Trust received a Negative Determination of Applicability for approximately 100 feet of split-rail fence with 10 to 12 posts to be installed on a crushed-stone path that leads down to the wood boardwalk.
Responding to comments that wheelchair users could lose control on the boardwalk, Cathy Stone of the SLT explained the project. Stone asks if the SLT could add a trench, citing the gully caused by heavy rains. “We’re having to fix it a lot and don’t want it to disappear, have a huge river going down there,” said Stone.
Member Emil Assing suggested a design and proposal in writing in order to add a trench to the project. Doubrava agreed with Assing, qualifying it doesn’t have to come from an engineer. Conservation Agent Doug Guey-Lee said a trench could be contextualized in the application under management plans.
Fernandes Pacheco was issued a Negative Determination of Applicability to replace eight to 12 trees and bring an area back to acceptable visual condition at 1 Sparrow Lane. The conditions were blamed on what Doubrava characterized as “a hack job” by a utility company.
“Very bad, beyond any kind of possibility of our imagination that it would come out like this, but it was just horrific, actually,” said Pacheco.
Commissioners Assing, Walsh and Matt Schultz visited the site. Walsh said every tree growing out there was cut down, and he would file the same application with the commission.
Pacheco said that the pulling of stumps will require the addition of topsoil, but there is no intention to change the grade of the area. He wants to extend his fence one more panel (adding one post.)
In his Conservation Agent’s Report, Guey-Lee updated the commission on three matters, neighbor’s inquiry as to a shed’s placement at 27 Fieldstone relative to the commission’s negative determination of applicability, the need for at least an RDA filing to replace a missing step to a concrete staircase at 90 Point Road, and what the Harbormaster reported as evidence that tree limbs have been thrown down into the water from 196 Point Road that are causing a potential navigational hazard.
The commission issued a three-year extension of a permit for Barrett and Virginia Levenson regarding their ongoing work at 174 Cross Neck Road.
The commission also voted to approve the issuance of certificates of compliance to Charles Coolidge for work performed on three lots, 604, 604B and 604C Point Road.
Doubrava presided over the meeting remotely via Zoom because he had COVID-19 the prior week and, while allowed by protocol to go out in public while wearing a facemask, he did not think he could lead the meeting while wearing a mask.
The next meeting of the Marion Conservation Commission is scheduled for Wednesday, June 14, at 7:00 pm.