As requested by the applicant during the last meeting, the Marion Conservation Commission denied the Notice of Intent application submitted by Christian Loranger of 120 Front Street to construct a single-family house, pool, pool house, and other accessories such as patios and a driveway.
The commission considered the application as not having sufficient enough information to ensure that surrounding wetlands would not suffer a negative impact as a result of the project, leaving Loranger to request the commission close the public hearing and issue the denial so that he could presumably approach the Department of Environmental Protection for an appeal.
The commission honored Loranger’s request after taking an extra week to review the most recent information Loranger had submitted, and voted to deny the project.
Conservation Commission member Norm Hills read the denial.
“The information submitted by the applicant is insufficient to describe the site work or the effect of the work on the interest identified in the Wetlands Protection Act,” read Hills, “therefore, work on this project may not go forward unless or until a revised Notice of Intent is submitted which provides sufficient information which includes measures which are adequate to protect the act’s interest and the final Order of Conditions is issued.”
The commission decided that information about a retaining wall was insufficient and could make no assumption that the wall would prohibit the passing of stormwater into the wetlands.
“It’s really impossible for the commission to determine whether there’ll be an adverse impact on the BVW based on the information that’s been submitted to us,” said commission member Shaun Walsh.
After a unanimous vote, Loranger has ten business days to file an appeal with the DEP once the commission officially issues him the Order of Conditions.
The DEP may decide that the application was, in fact, sufficient and issue a Superseding Order of Conditions allowing the project to proceed, or the DEP could agree with the Conservation Commission and the case would be returned to the ConCom for further review.
Loranger expressed some confusion over the commission’s decision to deny the project based on the retaining wall, saying that at the last meeting when he requested the hearing be closed, he was under the impression that it was over the 15- and 30-foot wetlands boundaries that are only meant to serve as guidelines for the commission, rather than strict laws to be upheld.
“I did my homework, so that’s what made me sway towards the retaining wall,” said Chairman Cynthia Callow.
Loranger considered asking the commission to re-open the public hearing so that further discussion with the engineer could take place, but the commission went ahead with the vote, which was unanimous to deny.
“We might be doing a favor by denying it if he gets a better deal with the DEP,” said commission member Joel Hartley.
The next meeting of the Marion Conservation Commission is scheduled for March 8 at 7:00 pm at the Marion Town Hall.
By Jean Perry