The Marion Conservation Commission strives to achieve clarity with abutters and applicants alike where it concerns the purview of the commission, but that power was put to the test at its January 24 public meeting.
The matter at hand was what happens when a new construction satisfies the requirements of performance near resource areas but causes other problems in the neighborhood.
When Evan Watson of W. Engineering went before the commission on behalf of Maxwell Ruditsky’s Notice of Intent to build a single-family dwelling with an associated driveway and sewer and utility connections on Old Knoll Road, an abutter across Old Knoll Road expressed concern about stormwater runoff, noting that the culvert near his house has been clogged for years. He described the pipe across the street as “decoration.”
Watson said the runoff heading toward the street will be limited to what comes off the driveway, for which the applicant proposes pavement.
The abutter also asserted that the clearance of the land will add to the runoff coming from the site. Watson said the majority of the drainage aims toward the wetland. The abutter said the road is private and there is no homeowners’ association. He admitted it’s a quandary.
Commissioner Shaun Walsh agreed that an infiltration basin would capture the runoff from the new, impervious surface (driveway), that way the situation would not be made worse.
“If I were in your shoes, I would do everything in my power to rectify that situation,” said Walsh, referring to the clogged culvert.
The abutter said the pipes have been cleaned out before, but it doesn’t help because of the height of the water table.
In response to the concerns, the commissioners voted to award an Order of Conditions approving the project. Commissioner Matt Schultz read a list of special conditions to accompany the approval.
Before the public hearing was closed, Walsh explained that stormwater-runoff concerns frequently come before the Conservation Commission, but the commission’s purview, unlike the Planning Board and the building commissioner, is limited to the matters pertaining to applications vis-a-vis the Wetlands Protection Act.
“We encourage project proponents to address issues … (but) we’re not able to deny a permit because you’ve got flooding in your street and you’re concerned that it may have additional flooding in your street, especially if the flooding may be caused at least in part by a clogged pipe,” explained Walsh. “We’re concerned with ensuring that the wetland is protected and it’s not starved of water because of the development of a project and dried out and you don’t have a wetland anymore.”
Walsh acknowledged why the abutter comes looking for answers to legitimate problems but stated the commission’s limits.
“Sometimes we’re not able to satisfy people because we don’t have the legal authority to do so,” he said.
With that, Commission Chairman Jeff Doubrava encouraged the applicant to take measures to ensure that no additional water goes into Old Knoll Road as a result of the project.
“Whether it’s in our purview or not, we grant an order (of conditions); orders can be appealed,” he said. “I think you address these issues up front as much as you can so that everybody’s happy going forward.”
Watson reiterated the applicant’s willingness to take measures to ensure no new runoff comes off the house but said he is limited as to what he can do to stop runoff from leaving the driveway and going into the street.
Vice Chairman Emil Assing had suggested a pervious surface to absorb some of that runoff, but the applicant wants a paved driveway.
Walsh suggested adding a drainage swale parallel to the road.
During Watson’s presentation of the project proposal, he pointed out a 15-foot, no-disturb line and a 30-foot, no-build line. Watson said there will be a little bit of grading in the no-build area.
The property plans to tie into both town water and sewer services on Old Knoll Road. A fence will surround a pool in the backyard with a horseshoe-shaped driveway in the front.
Doubrava expressed concern that, at a change in ownership, the wetland won’t be sufficiently marked and a new owner could take liberties with the land unaware of conservation’s jurisdiction. Watson said the applicant could add wetland markers or boulders.
Assing asked about grading around the house. Watson pointed to Elevation 39 in the back and at the pool; Elevation 36 in the front will be raised and the top of the foundation at Elevation 43. “That was to keep the building out of the water table,” said Watson.
Assing also suggested a seed mix that would be conducive to the land; Watson said the lawn will be limited to around the pool and in the front yard. Assing was satisfied with the answer.
John P. Kendall Trust, 39 Water Street, was issued an Order of Conditions approving the demolition and removal of an existing dwelling within the 100-foot buffer zone to Sippican Harbor and within Coastal Flood Zone AE-16.
James Fogarty was issued an Order of Conditions approving to construct a 14×15-foot, enclosed, deck addition to an existing residence at 58 Holly Road.
In discussing the pending case at 7 Shawondasse Road, owned by John Brown, the land described by the commissioners as coastal beach, bank and dunes would be advised against filing a Request for Determination of Applicability and instead file a Notice of Intent.
Finally, Doubrava recognized board administrator Terri Santos, who is retiring from her position with the town on February 23. Her final commission meeting will be February 14.
The next meeting of the Marion Conservation Commission is scheduled for Wednesday, February 14, at 7:00 pm at the Police Station on Route 6, also accessible via live streaming.
Marion Conservation Commission
By Mick Colageo