Follow-Up Finds Resident in Right

In the wake of reported unpermitted activity at 290 Delano Road, the Marion Conservation Commission was pleased to hear from property owner David R. Hooke during its September 11 public meeting and assured him that the town has no problem with his replacement of a deteriorated wall.

            This was in response to concern expressed by a private citizen.

            “It’s fortunate or unfortunate, depending on your perspective that we have to follow up on every citizen’s inquiry. This one doesn’t seem like it’s of any concern at all,” said Commissioner Jeff Doubrava. “Then again, we have to follow up on everything …”

            Conservation Commission Chairman Matt Shultz and member Millie Seeberg visited the site at the owner’s invitation over the weekend prior to the meeting. Conservation Agent Doug Guey-Lee also corresponded with Hooke, who showed him before and after photos that Guey-Lee described as “very similar.

            “I would also add that I did confirm that the wall location appears to be in A-E Flood Zone as opposed to a Velocity Zone. It does not appear to be inside any buffer zone, so that’s the jurisdictional landscape. Other than that, I think the photos are pretty self-explanatory, and a project like that to me would be otherwise permissible. That’s the facts as I see it,” said Guey-Lee.

            Hooke told the commission he has lived there for 18 years.

            “The wall’s been there ever since I moved in. It was falling apart, so I replaced it with something that was more … attractive and more stable to hold the edge of the garden in place …,” he explained.

            “It’s pretty much a landscaping thing more than a structural thing,” said Vice Chairman Emil Assing, noting that there was a loose wall and now more of a solid, rugged wall.

            “I just want to reiterate what Jeff said, in order to be consistent and fair, we do follow up on every inquiry, large and small,” said Guey-Lee, who thanked Hooke for responding and providing information to the commission.

            Shultz said it’s important for Hooke to know that his property is in a coastal flood zone and close to a resource zone. Hooke acknowledged his surroundings, and the commission and the homeowner were mutually satisfied upon his departure.

            At Seeberg’s recommendation, the commission voted to issue Marion Golf Club a Negative Determination Box 3 (does not require the filing of a notice of intent) for the removal of four dead trees at 10 South Drive. The decision was conditioned to grind the stumps flush to the ground.

            Shultz told the members during the public hearing that he and Seeberg encountered dead trees upon their visit to the site.

            “They’re a safety hazard for the patrons of the golf course there,” said Shultz, alluding to nine-hole track on the western side of the Point Road peninsula.

            Doubrava reminded the members that the last time the club went before the commission there was confusion as to who was standing behind the application, an employee, the club, or its ownership trust. Satisfied with the answer to that question and the petition, the commissioners quickly moved to close the public hearing.

            The commission granted Annemarie Levins and Linda Stevens another extension to their permit to continue cutting down phragmites at 53 Dexter Road.

            “It looks like they’re doing a good job with it,” said Shultz, who had visited the site with Seeberg. Doubrava noted he had made prior visits to the address and characterized the applicants’ effort as “great,” recommending the extension.

            Guey-Lee called the work “a textbook model of what you should be doing with invasive (species) removal.”

            Requested to comment to the Planning Board on the application of FSJ Marion Realty, LLC, for an expansion of a multifamily residential project at 207-215 Wareham Street with major site-plan review, the commission anticipates filings from the applicant.

            “They’re filing an RDA for a determination on the stream,” said Guey-Lee, identifying the question as to whether the stream is perennial or intermittent and whether the property should be deemed riverfront. He said the project appears to be jurisdictional.

            G.A.F. Engineering is representing the applicant.

            The property has already been rezoned as Multi-Family Residential during the Annual Town Meeting. The Select Board recommended against the change because the property lies in the flood zone.

            In his Conservation Agent Report, Guey-Lee said he had yet to receive a report on 714 Mill Street. After learning that clearing had taken place at the address, Guey-Lee conducted a jurisdictional search and determined that the area of work is not jurisdictional.

            Guey-Lee said an effort is underway to make the commission’s website “more intuitive” and “more intelligible” for residents and developers. Guey-Lee said that Administrative Assistant Natashja Molina has developed proposed changes for the site that the commission can review.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, September 25, at 7:00 pm at the Police Station on Route 6.

Marion Conservation Commission

By Mick Colageo

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