Michael Popitz’s Notification of Intent to construct a new driveway within the buffer zone of the wetlands was denied during a special meeting of the Marion Conservation Commission early morning on Saturday, April 8.
The commission held the meeting before scheduled site visits in order to meet the 21-day deadline for issuing a decision once the public hearing was closed back in March.
The commission refrained from issuing a decision until town counsel could assist the members in drafting one, and that morning a few other minor changes were made to satisfy the commission.
The commission cited the reason for the denial, saying that an alternative construction of a second driveway was available that would not create a significant impact to the wetlands and would also provide Popitz with the access drive that he sought to provide for a rear lot also owned by Popitz.
Popitz’s original construction plan was also designed to accommodate the maneuvering of his boat trailer, which Conservation Commission members back in March did not consider was a significant enough reason to allow construction in the wetland.
In a letter to the editor Popitz submitted to The Wanderer featured in the April 6 edition, Popitz alleged “favoritism,” as commission member Norm Hills said he perceived it. Popitz wrote, “I personally see that certain people in this very town get different considerations, depending on who they are. Some folks can fill in wetlands. Some can cut down trees in the wetlands. Some can build homes or even garages in or on the border of wetlands. Some can’t.”
Popitz, a member of the Marion Planning Board, also referenced a case from Falmouth in which he claimed residents “recently sue[d] their lovely town for … a million dollars, as their ConCom withheld permission to develop their lot.”
After the Conservation Commission’s denial, Popitz is allowed to appeal the decision to the Massachusetts Department of Environmental Protection.
By Jean Perry