A 24 Parlowtown Road resident is learning as he goes about the trees posing danger and the brush growing into his yard.
Paul Drucker went before the Marion Conservation Commission on September 28 with a Request for Determination of Applicability to cut down and remove 14 tall trees and brush-cut to the ground.
Citing a permanent condition attached to the building of the house in the first place, Conservation Commission Chairman Jeff Doubrava told Drucker he has no issues in cutting the trees marked during the site visits but that the original condition clearly prohibits cutting beyond the split-rail fence at the edge of his yard.
In attendance, Drucker explained that his application is to do some maintenance and last for several years, provide safety and clear a fire hydrant.
Drucker said previous owners had thrown debris along the edge, and he wants to maintain a line. The whole house, he said, was built within 100 feet of the wetland, and he had not realized the situation until now. He is enjoying the birds but hopes his proposed project would help him avoid regular pruning.
Commissioner Emil Assing identified a second wetland area on the backside of the house and told Drucker that rather than see the cutting of shrubs and removal of vegetation, the commission would rather see the vegetation trimmed as it grows. He recommended the help of a professional landscaper.
Estimating the shed to be located at least 50 feet away from the wetlands, Commissioner Shaun Walsh added that in his opinion, clearing 10-15 feet around the back of the shed would be appropriate.
The collection of perspectives helped Drucker better understand the laws and the reasons for them.
“I appreciate this because it’s, like I said, from my understanding as an amateur looking at the map is that the whole place is within a 100-foot buffer of wetlands, and I’m like … ‘what can we do?’ So this is a big learning experience for me, and I appreciate your time and understanding,” he said.
Doubrava also made sure Drucker understands that he could, with a permit, perform work in the buffer zone.
Asked for comment, Conservation Agent Doug Guey-Lee suggested the idea of allowing Drucker a one-time cutting effort but noted the town’s policy of no activity within 15 feet of the wetland. “Proximity is the issue. … The more you get close to the wetland, the more you’re going to see us hold the line,” he said.
Doubrava said, should the commissioners approve, it would likely be a three-year permission that would require another application at the end of that period.
The commissioners voted to issue Drucker a Negative Box 3 Determination of Applicability that notes the work is inside the buffer zone. The determination also stipulated limited clearing allowed inside the inside and not beyond 20 feet around the shed.
Twin RDA applications from the Michael R. Deland Trust LLC for an extension of phragmites management at 498C and 498D Point Road were both met with Negative Box 2 and 3 Determinations of Applicability.
Represented by Dave Davignon of Schneider, Davignon & Leone, Inc., the two-part project (separate applications) will extend an effort to eradicate phragmites.
First approved in 2019, then extended three years by state government COVID-19 provisions, the work is being done in conjunction with property next door owned by Meadow and James Spader under a trust (that application was a Notice of Intent resulting in an Order of Conditions to cover a much larger area, including some beach nourishment, according to Davignon.)
“A majority of the work for the phragmite eradication is actually being done on the Spader property, and that has an Order of Conditions with it,” said Davignon. “These two properties, we filed an RDA about four years ago … and the groundskeeper is Lee Gunschel. He takes care of all these properties.”
Davignon was looking for a negative determination on Lot 11S.
Doubrava visited the site and said the invasives present were waist high and sickly looking, unlike the 10-foot-high ones the commissioners have seen. He said whatever treatment they are using seems to be working.
The second case, a 62-foot-wide phragmite patch of 5,000 square feet has been whittled down via treatment. Davignon said the plan is to hit it until they make it go away.
The commissioners entertained a request from the Planning Board for comment on Minor Site Plan Review for the new Department of Public Works operations center to be constructed at 6 Benson Brook Road and off Mill Street.
Assing suggested the DPW get a wetlands delineation done. He and Walsh had looked on Mass Mapper but were unable to fully gather the information they sought. Walsh said he would not put anyone through the expense of delineating a wetland if their activity was not going to take place within 100 feet.
The commissioners planned to send a recommendation that it appears there are wetlands to the rear of the lot and that any activity planned within 100 feet of that area should be vetted by the town and recommended reaching out to Guey-Lee. Walsh acknowledged that the natural vegetation is off the lots.
Evidence of tree cutting and clearing along Washburn Park Road was brought to Guey-Lee’s attention by John Rockwell.
Rockwell had been on site reviewing a wetland line as it applies to an Open Space Acquisition Commission project and reported back concern about tree-cutting activity at the Washburn Stables Property.
Upon visiting the site in keeping with response to any such call, Guey-Lee told the commission he saw cut trees in the median area of the road and on the soft shoulders to the side. Being town property, Guey-Lee checked with the Department of Public Works and heard back from Director Becky Tilden that the DPW did not cut down the trees.
She did not dismiss the possibility that Gunschel, the town’s tree warden, may have done the cutting. Guey-Lee found no files indicated a permit for tree cutting. A 2018 RDA applied to the horse stable but not to the activity to which Rockwell alerted Guey-Lee.
Doubrava and other commissioners drove through to verify the areas of clearing.
Guey-Lee was asked to look at another area of clearing. Walsh thought it proper for Guey-Lee to contact property owners and look at the site together. As for the trees, Walsh said the activity was clearly in the buffer zone and recommended that Guey-Lee go back out and then report back to the commission with updated information.
Bryon and Cynthia Deysher filed a Negative Box 2 Determination of Applicability to install an 18×36-foot, inground pool, a 24×20 pool pavilion, a 16×12-foot house addition and associated site improvements at 44 Lewis Street. In responding to the proposal as laid out by Brian Grady of G.A.F. Engineering, the commissioners and Guey-Lee called it a straightforward project.
The Marion Conservation Commission was scheduled to meet on Wednesday, October 11, at 7:00 pm at the Police Station.
Marion Conservation Commission
By Mick Colageo