In his July 24 report to the Marion Conservation Commission, Conservation Agent Doug Guey-Lee sought guidance after he learned that unauthorized cutting of vegetation has been taking place at 5 Main Street.
The Harbormaster sent Guey-Lee a video of weed-whacking seaward of the seawall. Having spoken by phone with homeowner Michelle Russell, Guey-Lee reported their conversation to the commission.
According to Guey-Lee’s report, Russell “wasn’t aware of it but also at the same time indicated that she would typically clean … up the area. … I took that to mean … if there’s ocean debris. … She indicated she’s in there cleaning up any manner of junk, essentially, which kind of makes sense because it’s kind of its own mini-harbor. I see can see stuff drifting into there and not drifting back out.”
That noted, Guey-Lee said he made it clear in his correspondence with Russell that altering vegetation in that area is like altering vegetation in a permit area.
“(Workers) were hired … so I have to believe that they were asked to do that and probably paid to do that. In my opinion, it is altering vegetation in a resource area,” said Guey-Lee.
Guey-Lee said he followed up on a 2013 decision that shows the top of a coastal bank at the top of a seawall. He found no indication that the area is saltmarsh but mapped as open water, except for the brief drop in grade at the tow of the wall (coastal bank).
“In my mind, it’s pretty straightforward activity that wasn’t permitted, and I don’t know that we would have permitted that,” he said.
Guey-Lee indicated he would like to schedule a site visit but was waiting to hear back on that from Russell.
Commissioner Jeff Doubrava suggested using state access (water) to get a look. “At worst, it’s saltmarsh and at best it’s coastal beach,” he said. “I don’t think we’d ever let anybody do that.”
The story is further convoluted by Guey-Lee’s report that Russell told him former Harbormaster Isaac Perry knew of the activity and took no issue with it. Guey-Lee also recalled from a few weeks back a man representing a home-improvement company asking what it would take to get sea wall work permitted at the address.
Doubling down on Doubrava’s statement, Walsh said that none of the many sea wall-repair filings fielded by the commission over the years has ever proposed mowing seaward of the sea wall “because they know that that is not a permittable activity.”
Reviewing a 2013 Order of Conditions issued the Russells at 5 Main Street, Walsh referenced stipulations against any mowing of vegetation in the wetland that is not explicitly approved in that OOC.
“When you live on a coastal property, most of what you do on that property is subject to jurisdiction, especially the cutting of vegetation on the seaward side of the sea wall,” said Walsh. “It’s disappointing that somebody would think that they would be able to do that and not even contact the Conservation Commission office for guidance.”
Russell’s statement regarding past occurrences are “neither here nor there,” according to Walsh. “The fact of the matter is cutting of vegetation is alteration of a resource area. It’s just not permitted.”
Walsh said it’s important that the commissioners “get our own eyes on it.” A site visit in the company of the homeowners would be preferred, he said. The ConCom could then determine if the activity is something that rises to the level of an enforcement order or if it can be addressed in some other fashion.
It was agreed that Guey-Lee would coordinate with Commission Chairman Matt Shultz on a letter to be sent via certified mail requesting a site visit.
Chairman John Rockwell regarding outdated wetland lines where the shared-use path is to be constructed. Rockwell essentially asked what ConCom wants to do about updating wetland lines along the old railroad bed. An ANRAD addressing the matter years ago has since expired.
Walsh said a Notice of Intent filing will be necessary to carry out the project.
Doubrava said he walked the path from Front Street to the Mattapoisett town line and that very little has changed. He is more concerned about the path between Front Street and Point Road and said the commission should require delineation in the Point Road area.
Continued from July 10, Blue Fin Realty’s Notice of Intent proposing construction of a residential dwelling with associated landscaping, driveway, utilities and grading at 170 Wareham Road (Route 6) was conditioned upon a correction of the abutter’s list.
Will Connolly of Zenith consulting engineers attended the continued public hearing, taking the floor to explain that a revised plan has been submitted with the corrected lot number and that the corrected abutters have been notified.
Nancy Childs, the 168 Wareham Road resident who had brought the discrepancy to the commission’s attention at its last meeting, noted that while she was on the original abutters’ list, she was not on the revised abutters’ list and said she should be, seeing as there is only one lot between hers and the project.
Childs explained the Zenith told her that the Marion Board of Assessors provides the abutters’ list, from which she was omitted this time. She said upon a call to the Assessors that the board acknowledged the glitch and would issue a correction. Childs advised any other abutters who were missed to follow suit.
Given the commissioners had satisfactorily vetted the project at the last hearing, the members voted to close the public hearing and would later unanimously vote to approve the project.
John and Raquel MacFarlane were voted a Negative Box 3 Determination of Applicability for the installation of six, concrete (precast) pillars and a 12×12-foot, cement-block patio at 52 County Road (Map 11, Lot 14).
The commission made a site visit on July 20, and Guey-Lee told the commissioners that he met with both the owner and contractor and said that the project has no other representation.
Reviewing the proposal, Shultz summarized the project as an enclosed porch supported by the piers with stairs down to a patio, the project being within the buffer zone to a wetland.
The commissioners present, Doubrava, Walsh and Millie Seeberg, concurred in the proposal’s straightforwardness, the lone concern being the work being done up to 5 feet from the wetland line.
William and Elizabeth Weber were issued a Certificate of Compliance for their work at 21 East Avenue. Shultz noted that a July 20 site visit revealed deviations from the site plan.
Guey-Lee recalled two certificates of compliance originally requested for the project, one of which was to be withdrawn while representative Dave Davignon of Schneider, Davignon & Leone, Inc., worked with the homeowners on a solution for work that had been done outside of the issued permit.
“It wasn’t made clear in the request whether they had addressed (that issue) or not,” said Guey-Lee, acknowledging that Davignon was not present. “He’ll normally ask if he needs to be there.”
Walsh asserted that the applicant did, in fact, address the issue that had prevented the commission from issuing a COC in its last meeting.
“We went out there on Saturday; it was where the pipe had been discharging … near the boat ramp there,” said Walsh. The solution was a riprap, stone detention basin. Shultz further clarified that the installation was pursued via a Request for Determination of Applicability.
The next meeting of the Marion Conservation Commission is scheduled for Wednesday, August 14, at 7:00 pm at the Police Station on Route 6.
Marion Conservation Commission
By Mick Colageo
Really appreciate the way you characterized Doug’s comments attributed to me…Fine piece of reporting to verify his statement before putting his BS regurgitated statement in print.