It has taken about nine years to get there, but a conservation restriction is finally nearing execution for property at 185 Wareham Road known as “the Habitat lot” the town purchased with the help of Community Preservation Act (CPA) money in 2009.
Marion Open Space Acquisition Commission (MOSAC) Chairman John Rockwell approached the Conservation Commission on July 11 requesting members’ signatures endorsing the conservation restriction (CR), a requirement when purchasing conservation land with CPA funding.
Another portion of that land was used for a residence built by Habitat for Humanity and completed in 2016.
Rockwell said it took the Town time to work out aspects in preparation for the CR, like utility easements for water and sewer, and just finding an entity to hold the CR was a chore, as some non-profits charge fees to hold a CR, which Rockwell said would be an “extra burden” for the Town.
The Sippican Lands Trust (SLT) has agreed to hold the CR at no cost, Rockwell reported, and at this point MOSAC, the SLT, and the Massachusetts Division of Conservation Services (DCS) will negotiate the terms of the CR.
Rockwell brought up a baseline survey report that documents the topography and features of the 50+-acre property, which will be filed with the state as part of the CR process.
“What attracted us to [this property] was the fact that it connected the far eastern end of our Washburn Park conservation land with Route 6,” Rockwell said. Now a trail can be established to connect Route 6 with Washburn Park.
The commission supported the CR and planned to add their signatures the following day before a notary public.
“It’s a great adoption of open space because it … connects Washburn Park with a large piece of conservation land here,” said Conservation Commission member Shaun Walsh.
The Board of Selectmen will also need to sign the CR before moving forward.
Also during the meeting, the commission continued the public hearing for the Notice of Intent filed by Henry DeJesus for the restoration of an area at 78 Wareham Road that was cleared of vegetation inside the buffer zone of a salt marsh, riverfront, and coastal bank.
Wetlands consultant Brandon Faneuf explained the scope of the unauthorized clearing of vegetation on a portion of the 58-acre area, which is in the process of being subdivided, with one portion unrelated to the NOI slated for a possible solar array field.
The commission issued an Enforcement Order on March 28 for the unpermitted work being done, and Faneuf testified that none of the work took place in the actual vegetative wetlands, only the buffer zone, and that no fill or grading had taken place. Some trees and branches and brush were cleared that will now need to be replaced to replicate what was destroyed.
Faneuf listed the species of vegetation to be replanted: oak, white pine, holly, and understory plants like grape laurel and sweet pepper bush – “All native species,” Faneuf said.
“So I’ll listen to hear how angry you are and then I’ll try to go into the restoration protocol if you’re interested,” said Faneuf.
The affected area is not an endangered species habitat, Faneuf confirmed, and replanting will begin once the project is approved, but not starting any time after mid-October. Planting later in the season is a gamble, Faneuf said, given that one never knows how harsh the winter will be.
“If we do have a bad winter … what’s plan B?” asked commission member Cynthia Callow.
“Plan B is that — you know, the wallet,” said Faneuf. “We’ll buy more and replace it.”
The hearing was continued until the next meeting.
Also on the agenda, the commission continued the Notice of Intent hearing for Derek Maksy, the potential buyer of 7 Bournehurst Road. The commission was unable to access the area with the wetlands flags because of thick vegetation. Walsh described it as a “jungle,” and asked if Maksy could ask the sellers of the property if a crude path could be cut to allow the commission access for a site visit. Maksy’s plan is to demolish the existing house and rebuild it along with an in-ground pool, Title 5 septic system, circular driveway, a 12-foot wide cart path to access a “picnic area,” and to clear an area for a topographic study for access to a possible future pier.
Then, for technical reasons, the public hearing for the NOI for Denise and Thomas Beaudoin of 166 Allen’s Point Road was continued until the next meeting. The plan is to replace the front and rear entry porches, remove and replace the in-ground pool, and correct yard flooding with fill and grading.
The commission gave a Negative 3 determination for the Request for Determination of Applicability (no NOI required) for Laura Grauer, 23 Front Street, to repair the back patio stone walls, install new stone paver pathways and new field stone walks, and move the utilities from the street to the house.
Marie and David Crimmins, 10 Nokomis Road, received a Negative 1 determination (work area not subject to the Wetlands Protection Act) for their RDA to extend their rear deck another five feet.
The next meeting of the Marion Conservation Commission is scheduled for July 25 at 7:00 pm at the Marion Music Hall.
Marion Conservation Commission
By Jean Perry