Engineer Rich Charon, representing his client Gale Runnells, 17 Reservation Way, came before the Marion Conservation Commission on September 12 seeking a Certificate of Compliance. What he received was frustration from several commission members for what they deemed were unacceptable inconsistencies between the plan of record and the as-built plans.

Chairman Cynthia Callow said the filing was a bit of an “after-the-fact” notification, given that the completed work deviated from the plan.

The original plans called for a 12- by 24-foot in-ground pool; however, the pool was constructed at 16 by 24 feet. Permanent no-touch-zone demarcations were planned with large rocks and boulders, but the applicant poured concrete forms instead, with one form being inside the pool fencing. Furthermore, the fencing itself, instead of being placed around the apron of the pool, was installed in the wetlands no-touch zone.

“There’s been a lack of communication,” Charon told the commissioners. He said that indeed the fencing had been set farther into the jurisdictional area than originally planned, but that the finished work had been well done and the no-touch zone marked.

But commissioner Joel Hartley asked, “How can we give a Certificate of Compliance if the no-touch zone was touched?”

Commissioner Jeff Doubrava was clearly frustrated. “I’ve got an issue with this project – the no-touch zone was ignored,” Doubrava said. He pointed out that the pool fence had been installed in the no-touch zone and now, “You’re asking for forgiveness after the fact.” He also took exception to the placement of concrete forms rather than use of stones saying, “That makes it easier to mow,” referring to lawn that had been established inside the no-touch zone.

Callow added, “We’re a little frustrated. We’ve had a plethora of these coming at us.” She told Charon, “I know you’re not responsible, but it’s hard to issue compliance when it’s not in compliance.”

There then ensued nearly 30 minutes of discussion as the commissioners and Charon attempted to reach common ground.

Charon explained that the pool fence had been placed downhill of the pool because it would have obstructed the water view in the original location.

Commissioner Shaun Walsh asked, “Is there anything preventing the property owner from allowing the natural vegetation to re-establish?” noting that some cuttings had also taken place in the no-touch zone. Charon agreed that was possible, along with planting of native species. But he could not agree with moving the fence to its original location as suggested by Doubrava.

Walsh said, “A greater effort needs to be made to be in compliance with the Order of Conditions. This is a problem of your client’s own making.”

Charon offered to return with a planting plan. The hearing was continued until September 28.

Robert McNamara’s RDA application for the construction of a shed at 19 Shawondasse Road met with some push back when abutters complained to the commission that “word on the street” was that it would be used as sleeping quarters.

McNamara denied that he ever indicated to prospective buyers that a shed could be used as living space. “Everything I’ve done over there, I’ve come to [the Conservation Commission] first,” he said in defense of some modifications he’s made to the property.

Callow told the abutters that the commission was only responsible for wetland-related issues, and that other boards could hear their building and building-use concerns.

McNamara received a Negative 2 decision for his application.

All other applications on this night went through smoothly.

Negative 2 determinations of applicability were issued for Elizabeth Middleton, 40 Joanne Drive, for the construction of an in-ground pool and addition to existing dwelling; Bob Cattel, Blackhall Court and Hastings Road, for repairs and repaving to existing roadways; Angus Leary, 19 Lewis Street, for the construction of an in-ground pool and pool house; Kathleen Mahoney, 40 Dexter Road, to relocate a generator; Philip Stevenson, 50 Point Road, to cut 4,955 square feet of overgrown vegetation and convert the area to lawn; and Warren Williamson, 121 Converse Road, to construct a ramp to an elevated deck and modifications to decking for an outdoor shower.

The next meeting of the Marion Conservation Commission is scheduled for September 28 at 7:00 pm in the town house conference room.

By Marilou Newell

With the region now under a drought warning, the Massachusetts Department of Environmental Protection has issued a mandatory water ban on non-essential outdoor water use, and Marion is included in the region affected. But, as discussed during the Marion Board of Selectmen meeting on September 20, there are always exceptions.

A letter from the DEP last week does state specific circumstances that qualify for exemption from the water ban such as for “the production of food and fiber, the maintenance of livestock, and to meet the core functions of a business.”

With a drought warning, all outdoor use is restricted, including vehicle washing, lawn irrigation systems, filling pools, and washing exterior buildings.

The Board of Selectmen, which is also the Water/Sewer Commission, received six separate requests for an exemption from the water ban for permission to utilize outdoor water for watering newly established lawns that were installed before the water ban came into effect.

Town Administrator Paul Dawson said the water superintendent made the recommendation that the selectmen grant the exemption for all six requests and the selectmen approved them.

Dawson said residents with private wells are encouraged to voluntarily observe the water ban to preserve aquifer resources.

“This is a pretty serious drought situation as we all know,” said Dawson. In order to preserve water for emergencies and maintain water pressure for fire suppression, Dawson said, it is important “not to draw down the groundwater too much.”

Selectman Steve Gonsalves said he supported the exemptions because they were sensible.

“I would certainly be one to allow that within reason,” Gonsalves said, “[and] in favor of lightening up a little bit on that.” He added that he himself would likely be one to request an exemption because he plans to install a new grass lawn, saying, “I can’t go another winter with mud.”

Selectmen Chairman Jody Dickerson suggested that since the board only meets every other week, the board should authorize the water superintendent to approve subsequent exemptions within reason in the meantime, and the selectmen voted to allow this for the next 30 days.

“They have a handle on what our [water] levels are … so I would respect their decisions on that,” Selectman Stephen Cushing said. He added that all requests must be in writing.

In other matters, the board declared the old 1999 International E-One pumper (Engine 3) as surplus and voted to accept a bid from Brindlee Fire Apparatus to broker the engine on the town’s behalf. The town, which received two identical bids from the only two companies in the country that broker fire engines, chose Brindlee Mountain because of positive business with the broker in the past.

The board also met with Joseph Zora, Jr. and his attorney Margaret Ishihara regarding Zora’s dispute with the town over access to his property via Parlowtown Road, which Zora maintains is a public way on land the town acquired decades ago through a title tax taking. Zora’s attorney said that there is only limited documented history on the land dispute and argued that a 1961 Town Meeting vote surrounding a Sippican Lands Trust land acquisition transaction to place a gate and boulders blocking passage through Parlowtown Road was not legal.

Town Counsel Jon Whitten, present that night, said the selectmen have no jurisdiction to undo a Town Meeting vote; however, if Zora and his attorney could produce a 1961 Town Meeting Warrant that provided enough detail to prove Zora’s position, then Whitten might, if convinced, advise the selectmen to support a subsequent Town Meeting vote to resolve the matter.

The aquaculture farm public hearing for Shea Doonan was again continued until October 18.

The next meeting of the Marion Board of Selectmen is scheduled for October 4 at 7:00 pm at the Marion Town House.

By Jean Perry