Unpermitted Footpath Causes Frustration

A footpath that was cut without official authorization caused some annoyance among members of the Marion Conservation Commission during its regular meeting on Wednesday, January 23.

The Commission held a public hearing regarding a Notice of Intent filed by Copper Metal, LLC. for an after-the-fact filing for the cutting of a footpath on property at Converse Road.

“There were two other paths that were permitted under another filing,” said engineer Dave Davignon, who represented the company at the meeting.

Commission clerk Norman Hills was frustrated that a path was forged without previous permission from the group.

“I don’t know why these people went ahead on this.  They should have just come to us in the first place,” said Hills.

The NOI also calls for permission to perform vista pruning, but Hills said, without a house already built on the property, he was hesitant to sign off on the request.

Davignon said that the applicant would like to prepare the area as much as possible before the future home is built.

“But we’re willing to work with the Commission on a step-by-step process to get this done,” he said.

Commissioner Joel Hartley said that when he walked the site, he did not see where the vista views could be expected to be achieved.

“I think we’re going to have to look at it again,” said Hartley.

The hearing was continued so that the Commission could examine the site once more before issuing a decision.

The Commission then held a continued hearing for Jonathan and Amy DiVincenzo who have filed an NOI to build a pier and gangway at 370 Delano Road.  The hearing was continued from earlier in the month because Davignon said he was waiting to hear back from the Army Corps of Engineers and Massachusetts Waterways Department regarding the plan.

The timber pier would be 163 feet long, with the aluminum gangway measuring about 20 feet.  Davignon said that the Army Corps of Engineers would soon be issuing a permit for the project.

The Commissioners saw no conflicts with the proposal and voted in favor of the project.

Immediately following, Davignon represented David and Linda Nielson, who have also filed an NOI to build a 253-foot timber pier and 20-foot aluminum gangway.  The hearing was continued so that Davignon could check with the Army Corps regarding maintenance of eel grass at the property.

He did not have any new plans to submit but did provide the Commission with the Army Corps report and the issued permit.  Davignon said that no maintenance of the eel grass was required.

“Since out last hearing, we received a determination from Natural Heritage,” Davignon said, adding that they saw no conflicts with the proposed plan.

The Commission voted unanimously to approve the project.

In other business, the Commission approved a proposal to build a new deck and some small additions to a home at 19 Lewis Street.

The next meeting of the Marion Conservation Commission will be on Wednesday, February 13, 2013 at 7:00 pm at the Town Hall.

By Eric Tripoli

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