Accessory Not a Living Space

            In voting applicant David Croll a Negative Determination of Applicability for the request he filed for a proposed driveway at 10 Lewis Street, the Marion Conservation Commission engaged in a discussion to more reliably interpret what constitutes an accessory.

            “I don’t look at an addition to a house as an accessory addition. I think of things like putting a patio in or putting a deck on or you’ve got a shed …” said Chairman Shaun Walsh during ConCom’s November 17 meeting. “If we consider additions to houses as accessories to houses, one could build a tiny, little house and keep on adding on and adding on. … Convince me otherwise.”

            In offering his interpretation of exempt activities, Conservation Agent Doug Guey Lee talked about “a certain scale” or “a certain understood use” so decks in his viewpoint fall on a certain scale or use but also “a certain intensity of alteration.”

            After Walsh asserted that considering additions to a house an accessory “a slippery slope” and suggested the commission checks Negative Boxes 2 and 3, Vice Chairman Jeff Doubrava amended his motion to deleted Box 5.

            The members agreed that living space is a reliable guideline in the interpretation of what constitutes an accessory to a dwelling, and they voted a Negative Box 2 and Negative Box 3 Determination, paving the way for Croll’s proposed work.

            Jonathan and Jennifer Alexander filed a Notice of Intent for a proposed house addition and deck expansion at 24 Brook Haven Lane. Following a commission site inspection on November 13, the members voted to continue the public hearing to December 8.

            A bordering vegetated wetland wraps around the property, according to representative Dave Davignon of Schneider, Davignon and Leone Inc.

            Noting that the goal of Marion’s Riverfront Area Regulations is to keep things as far away from the river as is feasible, Walsh asked Davignon why not construct the master suite on the southwest side of the house. Davignon said that change would only gain 10 to 15 feet while gutting out the house.

            Walsh said he thinks the plan constitutes redevelopment of a previously redeveloped area. He suggested Davignon and Guey Lee discuss the matter in greater detail to determine whether the plan fits into the regulations.

            The Marion Lands Trust LLC filed a RDA for a reconfiguration of property lines at 371 Wareham Street but with no change in the work already approved by the Marion Planning Board for the driveway. Essentially, the vote allows replacement of the plan of record submitted by Schneider, Davignon and Leone Inc. without filing for an amendment of the Order of Conditions.

            J. Thomas Bowler Jr. and Ellen Bowler were voted an Order of Conditions for vegetation management at 7 Moorings Road. ConCom member Mark Bellanger made the motion including “a unique erosion-control condition” that would including storm-damage prevention and flood control.

            After a November 13 site visit, Kitt and Heather Sawitsky were voted a Negative Determination of Applicability for the planting of trees and bushes at 75 Holly Road.

            Applicant Jay Flanagan was voted an Order of Conditions for a septic-system upgrade and garage additions at 26 West Avenue. Walsh thanked Dave Davignon, the applicant’s representative, for examining a pipe on the property.

            John and Pamela Lees, who filed a Notice of Intent for reconstruction of a single-family house, an inground swimming pool, along with repair of a seawall with associated work at 49 Water Street, sought and were granted a continuance of their case to ConCom’s December 8 meeting.

            The next meeting of the Marion Conservation Commission is scheduled for Wednesday, December 8, at 7:00 pm.

Marion Conservation Commission

By Mick Colageo

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