Amidst a complex beachside project, Marion Conservation Commission Chairperson Shaun P. Walsh told applicant Lance Scott that continuances and requests are for his benefit because a hasty approval by the commission could be appealed at the state level.
Lance and Kathleen Scott filed a Notice of Intent for site redevelopment on the lot across from 18 Wianno Road. The work included the removal of invasive vegetation and the construction of a formal stone rip-rap slope and beach nourishment. The hearing was continued from September 23.
The Scotts were represented by engineer David Davignon, who explained the effort in detail. The new plan is not to disturb any of the boulders on the beach, but small stones and pieces of concrete will be picked up to help create a sandy surface. They are now proposing what will amount to a 15- by 30-foot beach expansion, including a gentle slope of beach grass. The roadside parking area was eliminated; that area will now become lawn.
Walsh said Marion is the only town in the region of Massachusetts without a conservation agent so the assistance of Andrew Poyant, the Department of Environmental Protection’s Wetlands circuit rider, has been enlisted for feedback. Walsh said it is only the second time ConCom has sought help from that state-level source and that having done so will likely help avoid the DEP taking issue with a ConCom approval.
He told Davignon he would like to schedule a site visit prior to the next meeting. He also encouraged Davignon to look at old photos that were filed decades ago in reference to prior activities at the site.
“We’ve got a whole team of experts; we’re really trying to do the best we can,” said Lance Scott, alluding to each iteration costing time and money. “It’s an unsightly lot at this time, we’re trying to clean it up … I think there should be some reasonable, good-faith effort to provide some resolution here.”
Walsh said that ConCom is “trying to get this right” because, “if we don’t,” the DEP can appeal it to themselves. ConCom continued the case to Wednesday, October 28, at 7:10 pm. There will be a site visit on Saturday morning, October 24.
The hearing was one of 11 scheduled, along with several action items and other correspondence that made an October 14 meeting last 2 hours and 25 minutes.
Meantime, two ongoing projects at Kittansett Club and Wings Cove were continued at the request of the applicants to October 28.
The Kittansett Club’s Notice of Intent, previously continued from September 9 and 23 for expansion of its overflow parking lot on the southern end of its 11 Point Road property, was met with ConCom’s request that the club explore an alternative plan to avoid heavily impacting vegetated wetlands partly within the 100-foot buffer zone to a coastal bank and home to wildlife habitat. The October 28 hearing is scheduled for 7:00 pm.
Walsh indicated that the Friends of Wings Cove, homeowners at 35, 43, 51, 67, 75, 83, 95, and 99 Holly Road who have been seeking the removal of phragmites from their properties adjacent to their properties, may file a new NOI after a third continuance to October 28 at 7:30 pm.
Aucoot Cove Properties LLC filed an NOI to demolish an existing barn and build a new barn at 98 Indian Cove Road. Davignon represented the applicant and explained that the existing barn/workshop that does not comply with FEMA regulations would be torn down and replaced by a barn that does have flood vents and will comply with FEMA regulations. It is a flood-zone project subject to coastal saltwater flowage. ConCom conducted a site visit on October 10. In keeping with remote-access public-hearing policy, the hearing was continued to October 28 at 7:20 pm.
Three public hearings were closed.
Timothy Dexter of the state Department of Transportation received a negative determination of applicability after a hearing that was continued from September 23 for work at Wareham Road (Route 6) and Jerei Lane. The project will remove hot-mix-asphalt (flexible) sidewalks and wheelchair ramps and installation of concrete sidewalks and wheelchair ramps, granite curbing, thermoplastic crosswalks, pavement markings, and utility and drainage adjustments. ConCom member Cynthia Callow researched the matter and recommended the negative determination.
Marion Garden Group was issued a negative determination of applicability for maintenance work that included cutting down trees that had sprouted at the base of four bio-retention basins at Island Wharf. Vice-Chair Marc Bellanger researched the project and recommended the negative determination.
Also continued from September 23, 122 Register Road LLC filed an NOI to build a dock in the waterway of Wings Cove for recreational boating, fishing, and swimming. It was recommended during the public hearing that boats leaving or returning should do so no later than two hours after high tide. Member Jeff Doubrava recommended ConCom issue an Order of Conditions stipulating construction methodology previously outlined in the project narrative as presented on September 10. Other aspects were stricken. ConCom voted to issue the Order of Conditions.
Other hearings that were continued to Wednesday, October 28, included the following:
Dale and Laura Briggs requested an amended Order of Conditions for revisions to plans that would reorient their design to reduce Riverfront Area disturbance and reduce the size of a planned house at 23 Dexter Road. Walsh called it a challenging site.
Marion DPW Engineer Meghan Davis seeks an RDA to remove two sections of old fence and install new fences at Old Landing Wharf. ConCom made a site visit on October 10, and Walsh called the fence “pretty rough” with rust, deterioration, and vegetation growing through it. Marion Fence Company, said Walsh, intended to use existing posts, but he would like Davis to request the last post repair avoid letting concrete fall into the ocean.
Saltworks Marine LLC filed an NOI to clear a small, wooded area and build a pair of arched poly boat storage shelters at 288 Wareham Road.
David Croll withdrew his application for an NOI to elevate an existing house onto a new foundation in compliance with FEMA and state building code at 10 Lewis Street.
Under action items, Henry DeJesus was issued a complete Certificate of Compliance after new plantings at the site of his proposed development at 78 Wareham Road. Walsh referenced a site visit that yielded requests from ConCom and positive results. “There are irrigation bags … it looks good. The rest of the property is naturally revegetating. I think it’s good now,” he said. The commission voted unanimously in favor.
David Andelman was awarded a complete Certificate of Compliance after plantings at 538 Point Road, where a long driveway up to the leech field needed a trench alongside the driveway. A site visit on October 10 resulted in ConCom’s decision to approve.
Requests for partial Certificates of Compliance were approved for Burt Pina at 58 Bullivant Farm Road under the wire of the October 15-scheduled sale of the property and also William LaPointe at 16 West Rover Road.
Under correspondence, Walsh acknowledged that the Board of Selectmen accepted Doubrava’s donation of an osprey pole and platform at Boat Yard Park. Doubrava will remain ConCom’s representative to and chairperson of the Marion Community Preservation Committee. Walsh thanked him for serving the town.
The next meeting of the Marion Conservation Commission will be held on Wednesday, October 28.
Marion Conservation Commission
By Mick Colageo