A June 22 public hearing of the Marion Conservation Commission determined that while Robert Meehan’s plan to install an 18 by 38-foot in-ground swimming pool with a 5-foot-wide concrete deck, spa, equipment pad and pool shed at 50 Lewis Street lies in an area subject to the state’s Wetlands Protection Act, the construction will not remove, fill, dredge or alter the land and therefore does not require the filing of a Notice of Intent.
The Negative Box 2 Determination of Applicability was the only adjudication by the commission on June 22, and it was a nice way for Shaun Walsh to conclude his two-year hitch as chairman of the commission.
At the conclusion of its meeting, the commission voted to reorganize, electing Jeff Doubrava as its new chairman. Doubrava, a past chair, was willing to resume as chair and had the full support of the commission. Marc Bellanger, the vice chair, plans to step down from the commission within a couple of months. Emil Assing was voted in as vice chair and Ethan Gerber as commission clerk.
Meehan’s determination was not made without due diligence.
Walsh and Doubrava visited the site on June 17, then heard in the public hearing from Meehan’s representative, Bob Rogers, a project engineer/manager with Wareham-based G.A.F. Engineering.
Rogers described the planned pool as being “almost directly behind the house” and serviced by in-ground utilities. The resource area is limited to land subject to coastal-storm flowage and lies within an AE-15 zone. The land, said Rogers, is relatively flat, changing from 14 feet to 13 feet in grade over a 150-foot span. Rogers said that Meehan seeks to make improvements on the property but, for this summer would just like to install the pool and avoid the time constraints that come with a notice of intent and an order of
Acknowledging the need for a cover which is shown on the site plan and the potential for a chain-link fence pending Marion’s building code, Rogers told the commission that the driveway is useable for the project’s purposes and that the layout will allow for the pool installation without any disturbance to the neighborhood.
Meehan sought a negative determination with notice to town offices just before the start of work.
Walsh said the site is beyond the limit of moderate wave action. There are no trees in the area of the yard where the pool will be installed. The commissioners voted to close the public hearing and addressed other business before taking a vote.
Walsh told the commissioners that he confirmed via a phone call earlier on June 22 the Marion Golf Club’s reception of board administrator Terri Santos’ email advising the club of the June 9 Enforcement Order issued for Unpermitted Activity at the 10 South Drive club.
An apparent misunderstanding as to the deadline for a response was reported by Walsh to the commission. He said he was told on the June 22 call that the club intended to issue a response to the order on June 23.
Walsh then explained that the deadline was actually two-fold, June 23 being the deadline for the club to file a restoration plan with the town. But the first deadline, he said, was to reestablish the flagging of the wetlands line and was set for 10 days from the order’s issuance (June 19.) That was not done as of the June 22 ConCom meeting, according to Walsh.
“We’ll see what we get tomorrow (June 23,) and we’ll go from there,” Walsh said.
In regards to the controversial dock construction at 122 Register Road, Walsh reported that the applicant responded to the concerns of other users of Wings Cove to shorten the length of the dock.
“We were concerned about the impact to salt marsh,” said Walsh, who noted that Conservation Agent Doug Guey-Lee had visited the site and so did he with Doubrava. “We were surprised that the area is still in bad shape. I don’t think there’s any way to put a shine on that.”
Having hoped that tidal cycles through the colder months would have fostered a regeneration of conditions on the land side where the piling had taken place in the fall season, Walsh mused as to next steps. Doubrava suggested approaching the applicant based on his willingness during construction to cooperate.
“To their credit, I personally witnessed them using swamp mats, but I suppose the marsh … was very spongy …,” said Walsh.
John and Pamela Lees requested a further continuance on their Notice of Intent for the reconstruction of a single-family house, including an inground swimming pool along with repair of a seawall, at 49 Water Street. The commission voted to continue the public hearing to July 13 at 7:00 pm.
In response to requests for comments to the Zoning Board of Appeals regarding Bonnie Ellis and Craig Huntley, 13 Wianno Road, and to the Planning Board regarding Cynthia Servais, Savor the Spread, 119 Wareham Road, Unit 102A, the commission determined that neither case was jurisdictional.
Walsh briefly addressed a forestry plan of the town’s Open Space Acquisition Commission, from which Chairman John Rockwell sought the commission’s feedback. Members were asked to formulate thoughts to share with Rockwell prior to MOSAC’s next meeting on July 7.
The commission met on June 8 and issued the following decisions:
Matthew DeGroot filed a Notice of Intent for the treatment and removal of nonnative, invasive plant species throughout portions of Lots 28, 29, 30, 31, 32 and 33 at 14 Aucoot Avenue. Doubrava crafted the motion that was voted an Order of Conditions for the project.
Sippican Lands Trust, per Assing’s motion, was issued a Negative Box 2 Determination of Applicability for its project to repair and replace the bog bridges along the woodland trail at Osprey Marsh’s Tucker’s Trail at 354 Point Road.
D. Paul Dimaggio Trust was issued a Negative Determination Box 3, per Bellanger’s motion, to pump out and backfill existing septic-system components located within the bigger zone of a coastal bank. The new septic system will be installed outside of the buffer zone of the coastal bank and outside of the 100-year flood plain. Assing’s suggestion for a condition to extend the siltation barrier by 10 feet on both ends was included.
Stone Rooster Realty Group LLC was issued a Negative Determination Box 2, green lighting its installation of a proper foundation wall with footings on southeastern front quarter of structure and add a small foundation for an interior stair along the rear of the building inside set back of the structure.
A continued public hearing for applicant Michael Craffey’s management of invasive plants at 522 Point Road was continued further to July 13 at the applicant’s request.
Civil and coastal engineer (and six-year Marion resident) Matt Schultz of the Woods Hole Group agreed to serve on the commission in an associate role, and the commission voted to recommend his appointment to the Select Board.
Schultz impressed the commission with preparation for his own application a month ago. Walsh, Guey-Lee and other members of the commission extended his welcome to the group.
The next meeting of the Marion Conservation Commission is scheduled for Wednesday, July 13, at 7:00 pm.
Marion Conservation Commission
By Mick Colageo