The lack of a quorum during the Marion Conservation Commission’s April 24 meeting forced a continuance for the Notice of Intent for the proposed subdivision on Beach Street known as “22 Cove Street, LLC.” In the absence of Chairman Jeff Doubrava and Cynthia Callow and the recusal of commission member Marc Bellanger, engineer David Davignon of N. Douglas Schneider &Associates proceeded anyway with an overview of the project.
The proposal consists of creating a three-lot subdivision on a bowling alley shaped lot, extending from Converse Road to Shellheap Road. It includes 213 Converse Road which contains a single-family home, called lot 3 on the plan. The other two lots will get their frontage off a cul-de-sac extending in from Beach Street over a vacant lot with a sewer stub, purchased by the owners in order to bring sewer service to the subdivision.
The stormwater management, Davignon assured the commission, was designed to both MA Department of Environmental Protection and Marion Planning Board standards. The report generated for the stormwater management will be reviewed by the consulting engineer hired by the planning board.
Davignon included a “conceptual” house on each of the two new lots in order to use the dimensions for roof run-off calculations. Vice Chairman Shaun Walsh clarified that the current NOI covers the subdivision, the roadway drainage structures and grading, but not the two house lots and their attendant details.
Davignon stated that the site will be serviced by town water and sewer, and a new hydrant will be located as requested by the fire chief. The western lot had passed a perc test last fall, Davignon said, “because of the unofficial moratorium” of new sewer hookups. Walsh asked for written confirmation that the easterly lot was approved for sewer.
At this time, Davignon asserted that unpermitted cutting of large trees and vegetation along the northern boundary of the parcel near the wetland had occurred, and was not attributable to his clients. Later in the meeting, the commission scheduled a site visit to the location and will attempt to notify the property owners ahead of time.
Walsh said the flood zone runs through the middle of the cul-de-sac, making anything to the west of the proposed roadway out of the commission’s jurisdiction, including Lot 2 in its entirety. Davignon reminded the commission that the current application is not for any grading on the lots, but strictly for the road.
Resident Constance Dolan, 9 Beach Street, raised concerns about the runoff from the two houses being constructed and flooding from the roadway. Davignon said a computer model calculates runoff before and after development, and the Cape Cod berms proposed for the site would direct water into the catch basins. He also observed that the water table in the area is quite high, between 30 and 36 inches from the surface, which may contribute to water flooding people’s basements.
Another resident requested confirmation regarding the wetland line, and Walsh asked Davignon to provide the commission with a findings report regarding soil and vegetation samples. The hearing was continued for two weeks.
Davignon also represented G. Randall and Cynthia Chamberlain in their NOI to perform improvements to a residential pier and 12-foot by 24-foot float system at 4 West Drive. The applicant proposes adding six pairs of pilings to the existing pilings on a pier built in the 1950s. The piles will be driven by a crane on a barge. New cross members and bracing will also be installed. The float is proposed to be turned 90 degrees, and the chain anchoring system to be removed. The piles will be driven to a minimum of 15 feet deep, or to absolute refusal.
The site is located near a mapped area for protected species; therefore, Davignon submitted the NOI to the Natural Heritage & Endangered Species Program and is awaiting its response. The Department of Marine Fisheries suggested that the applicant relocate the eelgrass near and under the float. There was some discussion about this issue, with Walsh suggesting that the removal of the chain anchor system would be a vast improvement for the eelgrass. However, the float casting shade the eelgrass, with half the float shading a new area, is an issue to be considered. The hearing was continued for two weeks.
In other business, the hearing for Cynthia and John Paliotta’s proposal to remove trees and control phragmites at 119 Converse Road was continued to July 10 at the request of the applicants.
The commission will be visiting the site of an open enforcement order for O’Leary and Welch at 82 West Avenue, the site of unpermitted clearing and filling. The enforcement order was received by the property owners on April 5, and they were ordered to install erosion control by April 8, which they have not done to date. A notice of intent must be field by May 5.
“If we go for a site visit and nothing has been done, we contact town counsel,” said Walsh. “I’d like to talk with Jeff [Doubrava] to see if it’s prudent to reach out to [O’Leary and Welch] and see what the status is.”
The next meeting of the Marion Conservation Commission is scheduled for May 8 at 7:00 pm in the Marion Town House.
Marion Conservation Commission
By Sarah French Storer