The manner, method, and size of how William E. Weber Jr. and Elizabeth Weber would replace an existing float and bottom-anchored chain system with a pile-held, two-float system at their 21 East Avenue home was discussed by the Marion Conservation Commission in a continued public hearing on April 28.
Continued from April 14, the discussion was a deep dive into the length of pile stops, their impact on shellfish habitat, and recommendations of the state Division of Marine Fisheries.
The emerging opinion among Conservation Commission members was that Division of Marine Fisheries standards should be followed. DMF recommended 30-inch float stops was interpreted as a gauge for shellfish disturbance.
Chairman Shaun Walsh told project representative Dave Davignon of Schneider, Davignon & Leone Inc. that a smaller float than what is proposed might come with DMF’s blessing to use 24-inch float stops.
The Webers filed a Notice of Intent for work in shallow water that would hopefully allow the family to enjoy the float this summer, but approvals are complicated.
ConCom member Jeff Doubrava reported his struggle with the area of disturbance. “I don’t begrudge anybody the right to use the waterways,” he said, noting it is now a 60-foot float.
Davignon said the gangway is 45 feet long, at least twice the length of a normal gangway, and it is so heavy it needs to be centered on the float. “That can’t be corrected unless we put in a pile-supported pier in the waterway,” he said.
One ConCom member asked if the applicant knew what the harbormaster recommended, and Davignon and William E. Weber Jr. reported the harbormaster’s support for their plan.
Although ConCom Chair Shaun Walsh determined that the lack of depth of the water in the area negate navigational interference for boats, he said it’s on the applicant to come up with a design that meets DMF approval. Davignon said the plan had not yet been submitted to DMF and it could be, but Walsh said he prefers for ConCom to see and vet the plan before it goes to the state level.
“I would strongly urge the applicant to revise the plans to meet DMF’s recommendations,” said Walsh.
Based on the time it takes to obtain a Chapter 91 license, Davignon told ConCom he doesn’t believe he’ll be able to install pilings until winter or spring of 2022. “But we can certainly revise the plans to comply with the 30-inch height requirement regardless of the method that they be installed for this year and next year.”
Walsh reasserted that 30-inch float stops would be within DMF’s recommendations.
Davignon agreed to a continuance to the commission’s May 12 meeting at 7:00 pm.
Sippican Lands Trust was issued negative determinations of applicability for two of three RDAs filed on April 12 that were continued to April 28.
One negative determination will allow the placement of boards atop existing rocks allowing passage over a stream for visitors to White Eagle parcel at Old Indian Trail Road. The other negative determination will allow the repair of a stone wall, and removal and cutback of invasive vegetation across from 173 Front Street.
In the continued public hearing proposing the rerouting of the Osprey Marsh trail to avoid encroachment of private property at 354 Point Road, the SLT reported ongoing work with a design engineer to survey of the applicable portion of the property. No timeline had been established by the April 28 meeting. Walsh said that once the land is surveyed and stakes are established to delineate the property line, the option will be there to “go back out to look at the least invasive rerouting” of the path.
The case was continued to May 12 at 7:00 pm.
In a continued public hearing, Todd Zell was issued a Negative 3 determination of applicability for what ConCom called buffer-zone work associated with a construction project involving a roadway, underground utilities, and stormwater management spanning the Rochester town line.
In a public hearing continued from April 14, Anne Bramhall was issued a three-year Order of Conditions to remove non-invasive vegetation and trees within the buffer zone to bordering vegetated wetlands at 260 Converse Road. No cutting of vegetation will be permitted within 25 feet of the wetlands line.
Under Action Items, ConCom voted to approve Diane Sorace’s request for a Certificate of Compliance for work at 12 West Avenue.
The Zoning Board of Appeals requested comment from ConCom, which considered the cases of Antoinette Russell and Louis Bailey at 63 Pleasant Street and the case of Nicole Gotthold at 39 Ryder Lane not to be within its jurisdiction.
In a new public hearing, Kyle Prien filed an RDA for construction of a shed measuring 16 by 16 feet on a slab at 19 Giffords Corner Road. In keeping with Marion’s remote-access meeting policy, the case was presented and continued to May 12.
The next meeting of the Marion Conservation Commission is scheduled for May 12 at 7:00 pm.
Marion Conservation Commission
By Mick Colageo