Indian Cove Public Hearing Concludes

After meeting separately with the Planning Boards and Conservation Commissions of both Marion and Mattapoisett, the Indian Cove Trust and the Indian Cove Boatyard, LLC have obtained all necessary approval to subdivide the property and begin construction on a common driveway. The Marion Planning Board approved both the definitive subdivision plan and granted a special permit at their regular meeting on Monday, December 3.

Dave Davignon, the engineer representing the owners of the property, had to work with the four boards because part of the property resides in Mattapoisett. One of the three proposed sub-lots has been considered buildable by the Mattapoisett Planning Board at their most recent meeting, Davignon said.
The plan which the Marion Planning Board approved will divide the land in Marion into two buildable lots. Each lot (including the third in Mattapoisett) will have the potential for a single-family home.
Davignon’s presentation asked the Board to grant waivers for the reduction of the right-of-way from the 50 feet to 40 feet and the reduction of the width of the common driveway from 12 feet to 9 feet. These waivers were granted in full by the Board.
“We will not get a building permit [for the lots] until that common driveway is built,” Davignon said when the Board granted the special permit to begin its construction.
The Board also approved the ANR application of David and Holly Nilson, who were also represented by Davignon. The Nilsons seek to consolidate their 6.59 acre lot to 3 acres, which they would accomplish by subdividing the property into three sub-lots. Only the central 3-acre lot would be buildable.
“We’re consolidating the 6.59 acres down to 3 acres which is the most desirable plot,” Davignon said.
The remaining two lots would be offered to the Marion Open Space Acquisition Commission and the Town of Marion; the Town of Marion would receive the sub-lot which contains a newly-marked water main.
Planning Board Clerk Tom Magauran abstained from the vote to approve the ANR. He explained that there had been discussion in the past to place conservation restrictions on the property which were not recorded, and thus could not morally cast a vote in favor of the ANR.
“I think that all of this land should be in conservation,” Magauran said. “Circumstances changed over 20 years, it’s not your fault as the applicant … It is legal and legitimate but I don’t want to be a part of it.”
Planning Board Vice-Chairman Patricia McArdle assured the Board members that the ANR was, in fact, legal.
“There are no restrictions on it now,” McArdle said. “This is viable.”
The Board, excepting Magauran, approved the ANR.
After discussing the circumstances surrounding the second ANR application on the meeting’s agenda, the Board decided to continue the topic at their meeting on Monday, January 7. The ANR application of Copper Medal LLC for “Driftwood Farms” requires that the Board hold a public hearing first to rescind the definitive subdivision plan. Only then can the Board endorse the ANR plan. Both the public hearing and the ANR application will be on the agenda for the January 7 meeting.
In its final business, the Board approved a level-funded budget for 2014.
The next meeting of the Marion Planning Board will be on Monday, December 17 at 7:00 pm at the Marion Town House.

By Anne Smith

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