The first public hearing of the newly reorganized Marion Planning Board was a challenging one for engineer Dave Davignon, whose explanations satisfied six of seven members, green-lighting a special permit for a dock extension planned by applicants James and Joyce Patten at 83 Holly Road.
The board, chaired by Tucker Burr, heard on Monday night from Davignon (of Schneider, Davignon & Leone, Inc.) on a project that picks up where one left off 35 years ago.
As Davignon outlined, the initial phase of the project was permitted to build a boardwalk over land, since 1988 leaving a ramp to the property. Phase 2, he said, is to extend the pier over water at the same elevation so that the Pattens can install a float and dock their boat and dinghy.
Prior vetting of the new project in the Conservation Commission and state and federal jurisdictions resulted in a shortening of the planned dock by 20 feet from an initially proposed 80 feet, according to Davignon. The existing boardwalk is wider than the maximum-allowed 4 feet, so a 60×4-foot extension is proposed with a “standard” gangway to a 10×20-foot float.
Davignon listed the state Division of Marine Fisheries, Natural Heritage and the Harbormaster Department (navigation and shellfish issues) as being on board with the revised plan.
New member W. Dale Jones, who lives nearby the site, said its sounds like a good project to him. But member Eileen Marum scrutinized the project heavily, citing several ecological issues alluded to in a report filed by Amanda Davis, an environmentalist with the Division of Marine Fisheries.
Furthermore, Marum cited the federal Clean Water Act, noting that every effort should be made to avoid impact on eel grass. She also sought facts on the pilings for the project, noting the danger of creosote (a wood preservative pesticide) for shellfish.
“What we have here is a cumulative impact,” said Marum, identifying the area as sensitive habitat according to Davis’ letter, and openly disagreed with the proposal as a worthwhile project.
Burr asked Davignon if the Conservation Commission commented on Davis’ letter. “I have tremendous respect for the board and Jeff (Doubrava) and Shaun (Walsh),” he said.
Allowed to respond, Davignon said that Creasote is no longer allowed and there was no eel grass in the area of the proposed work. He also said that the saltmarsh will not be disturbed because it lies entirely under the prior phase of work back in 1988.
Davignon stated that the DMF reviews project three times and that “the Conservation Commission in this town takes them very seriously,” noting his experience with the Marion commission.
He did note that due to other project vetting, access will be changed from the existing ramp to stairs on one side and possibly a ladder on the other after comment from the Army Corps of Engineers.
While Marum asserted that the Planning Board was being asked to grant a permit with incomplete information, member (and new vice chairman) Andrew Daniel disagreed, noting his disappointment in the report from the state Department of Environmental Protection.
“I feel very much like it’s any dock,” he said, satisfied with what he had heard about the plan to move shellfish. “I wish we had another comment from the Harbormaster on the waterway,” regarding boats traversing the area. “Looks like it’s not even the longest dock out there (into Wings Cove.)”
“This dock, I don’t believe, will go any further (out) than the other docks,” said Jones.
Member Alanna Nelson asked about lighting. Davignon said there is no electricity at the site and that any lighting would have to be based on solar power. Nelson also questioned the necessity of a 10×20-foot float as opposed to 8×16. Davignon said 10×20 is the industry standard and has seen larger.
Member Jon Henry noted how impressed he was with Marum’s diligent research and knowledge, adding that building materials have changed dramatically. He cited the use of PVC and stainless steel as alternatives in pilings.
“My comfort level is pretty high with the research,” he said, complimenting Marum on her research. “Your research has turned up and it’s good, I’m not knocking it … The Army Corps of Engineers is considered the construction company of Congress.”
Henry said he would like more information on Daniel’s navigational question, but Daniel said he was okay moving the project forward without further explanation on the navigation. “There are other levels of review going on here,” said Nelson.
Marum voted against closing the public hearing.
After Daniel moved to approve the special permit, noting it had been reviewed by Town Counsel, Nelson suggested the permit raise the pier’s height from 24 inches to 30 to match DMF’s suggestion (Davignon said, while 24 inches is the norm, the project’s design actually calls for 30 inches.) It’s part of the design.
Nelson also suggested a condition that refueling would not be allowed at the construction site (Davignon said all the work would be done out on a barge, there would be no landward activity.) Daniel noted that state guidelines are already in place. Burr said he does not want to impose a limit on refueling, and Daniel agreed.
Nelson’s first condition was included in the decision that Town Planner Doug Guey-Lee will write. Marum’s was the lone dissenting vote.
Monday’s was the first official meeting of the board since the retirements of former Chairman Norm Hills and Chris Collings.
On May 15, the board had met and presumably reorganized, only to learn the day after that their meeting was ineffectual because two of the five members present had not been sworn in since the May 12 Town Election, leaving the board without a quorum.
In that meeting, Burr was voted chairman by a 3-2 margin, his support coming from Daniel and new member Ryan Burke. Daniel was then voted vice chairman, but that didn’t count either.
On Monday, the same results took hold with a 5-2 vote but not before Marum once again nominated Nelson as chair, then vice-chair. Marum cited Nelson’s status as a Fulbright Scholar, her degrees from the University of Wisconsin and Texas A&M and her experience as executive director of the Marion Historical Society and as an avid sailor.
Marum was again reaffirmed as clerk, and Henry who had not been present on May 15, was again voted the board’s representative to the Southeastern Regional Planning and Economic Development District (SRPEDD.) Daniel was again voted the board’s representative to the Marion Community Preservation Committee.
Burke declined Nelson’s motion that he represent the board to the CPC but assured Nelson he would shadow Daniel in the role to learn.
In other business, the board voted to fund Board Administrator Terri Santos’ $35 expense for attending the Citizens Planner Training Collaborative.
The board made no recommendation on request by the Zoning Board of Appeals regarding the application of Terrence and Laura Hartford at 70 Water Street.
During public comment, 590 Delano Road resident Alex Race told the board he wants to do a land deal and has a lawyer and surveyor. Guey-Lee instructed him to file an Approval Not Required application for the next agenda.
Jones suggested that the board members have business cards.
The next meeting of the Marion Planning Board is scheduled for Tuesday, June 20, at 7:00 pm.
Marion Planning Board
By Mick Colageo