An existing, bottom-anchored float section measuring 31 feet by 12.2 feet that was added to an existing, northern float system at the Beverly Yacht Club was voted a Negative Box 2 Determination of Applicability by the Marion Conservation Commission during its December 14 public meeting.
In a new public hearing, the BYC filed a Request for Determination of Applicability for the recently constructed float section to increase dinghy storage and access to navigate waters at the club’s 99 Water Street location.
Michael Count from Foth Infrastructure and Environment, LLC explained that the BYC also requested an amendment through the Chapter 91 license to add on the float system.
The BYC, explained Count, goes back to the late 1800s and early 1900s with its seawall and boat ramp. The pier, originally constructed in 1928, was rebuilt under an Order of Conditions in 2007 and 2008. “That’s basically what we have out there today,” said Count, noting that the 2007 OOC was never “closed out.”
The mission 15 years later, he said, is to get everything squared away with authorizations.
Conservation Commission Chairman Jeff Doubrava clarified that the application is an “after the fact filing.” Count acknowledged that to be the case.
“I believe that bottom-anchored floats are a locally permitted issue, so it’s the harbormaster who permits floats,” said Doubrava. “I don’t think since I’ve been on the commission that we’ve ever done a change in float as a permit, unless it’s gone from bottom-anchor to pile-supported.”
That would require changing the Chapter 91 (state-issued) license. Count said the Chapter 91 license is being amended to account for the increase in square footage, so he believed the Conservation Commission needed to sign off to establish documentation.
Chapter 91, the Massachusetts Public Waterfront Act, regulates activities in keeping with its role as the state’s waterways licensing program.
“The difference here is, because this is a fix to a licensed structure, like all of the other timber floats here, it becomes subject to Chapter 91,” explained commissioner Shaun Walsh. “It’s not a 10A (Marion-issued) permit. If it was just a float that you put out in the harbor and it had a bottom anchor, then it would be a 10A permit, but they are seeking either a modification or a whole new license … to add this, the regulations under Chapter 91 require either a final order of conditions or, in lieu thereof, a negative determination of applicability.”
Doubrava pointed out that none of the commissioners were members when the pre-existing Order of Conditions was issued.
Walsh said entities such as yacht clubs typically have a “reconfiguration zone” that limits the scope of potential expansion and also allows for layout changes. An increase in size, he says, requires modification of the license.
Count said BYC is not seeking to alter its reconfiguration zone but is seeking approval of the added dock space via Chapter 91. Locally, the Conservation Commission adjudicates cases to which the law applies.
The commissioners considered the addition of a single float within the reconfiguration zone to be a simple request and voted to close the public hearing.
With Count sitting before the commission, Doubrava moved back to action items on the agenda and addressed the matter of the BYC’s request for a Certificate of Compliance relative to a Notice of Intent application filed to add floats and rebuild the gazebo and pier. The Order of Conditions was amended in 2009 to widen the concrete float with wood framing. In September, Count said, an as-built survey was conducted.
Commissioner Emil Assing asked Count if any other elements were included in the Order of Conditions. Count did not believe so.
The commissioners voted to issue a full Certificate of Compliance.
Earlier in the meeting, the commission voted to issue the Marion Lands Trust LLC an Amended Order of Conditions at 369/371 Wareham Street, allowing modification of a driveway that will connect at a stream-crossing culvert to an approved, common-driveway easement on the property.
Dave Davignon of Schneider, Davignon & Leone Inc., representing the applicant, explained the change in the driveway path that would result from 261 to 117 linear feet, a 56% percent reduction in space taken by the driveway.
The amendment would allow the driveway to run east of the buildings in its entirety. The driveway will consist of gravel over its full length. Davignon also told the commission that there was a glitch in abutter notification.
Noting several previous site visits, Doubrava asked if this amendment had been requested before. Davignon clarified that the proposed scenario is in some aspects the same as the initial proposal. The project has seen multiple iterations.
Conservation Agent Doug Guey-Lee asked about accommodations for drainage. “We definitely want to do the bend,” said Davignon. “Not sure you can do that project without a bend in the driveway,” said Walsh.
After Doubrava’s invitation for public comment went unanswered, the continued public hearing was voted closed.
Per their request, applicants Michael Popitz and Timothy Milbert were granted a continuance of their Notice of Intent filing for the treatment and removal of nonnative, invasive plant species located throughout portions of the site and within wetland resource areas at 64 and 72 Indian Cove Road. The public hearing was continued to January 11 at 7:00 pm.
The commission discussed its 2023 public-meeting format and schedule. Doubrava told the commissioners he would like to continue meeting remotely until the state’s exemption allowing remote meetings expires.
Without any scheduled hearings, the commission canceled its December 28 public meeting. The next meeting of the Marion Conservation Commission will be held on Wednesday, January 11, at 7:00 pm via Zoom.
Marion Conservation Commission
By Mick Colageo