The Marion Conservation Commission is still split on whether or not to require Eagle Scout candidate Jackson St. Don to file a Notice of Intent for the ‘gaga’ ball pit he wants to install at Silvershell Beach as part of his Eagle Scout project.
On May 23, commission member Shaun Walsh maintained that because the project does not “remove, fill, dredge, or alter the resource area,” as stated in the Wetlands Protection Act, then a NOI is not necessary.
Commission member Jeffrey Doubrava disagrees.
“I just think it’s a slippery slope,” said Doubrava, recalling a recent project of placing benches at Sprague’s Cove for which the commission required a NOI.
But with that project, the commission did not know the placement of the benches and if they would be anchored, said Walsh. With St. Don’s gaga ball pit, Walsh said they knew where it would be placed this time.
“I think that it isa slippery slope. If you start requiring somebody like this to have to file an RDA, then where do you draw the line?” said Walsh. “Because by that logic, every time they put the lifeguard stand on the beach, you’re going to make the Town get an RDA for that?”
There is the fact that if a hurricane came though it could carry components of the gaga ball pit onto other properties causing damage, but that is not a performance standard of the Act, said Walsh.
“I think we have to go back to the Act,” said Chairman Cynthia Callow. Recreation Director Jody Dickerson wrote in a letter that he would see to it that the gaga ball pit was taken down and removed should a storm event approach, which is all Callow feels she needs in order to be reassured.
Still, having not been listed specifically on the agenda, the commission ended the discussion until the next meeting.
In other matters, Callow said that morning at 6:30 am she got a call from acting DPW Superintendent Jonathan Henry regarding a water main break on County Road with municipal water gushing into the Sippican River. She said she gave Henry approval to install some erosion control and get to work on repairing the pipe.
“It’s probably not a problem,” said commission member Joel Hartley. “If it was chlorinated water, I think it would be a problem.”
Also during the meeting, the commission issued a Certificate of Compliance to Christopher Kmiec for work done at 14 Aucoot Avenue.
Robert Braman of Sandwich received a Certificate of Compliance for completed revetment work done at 538 Point Road.
Cynthia and John Paliotta received an Order of Conditions for their NOI to construct a lawn and implement stormwater controls relative to the up-gradient construction of a single-family house at 119 Converse Road. Included in the plan is a grassy swale system that will capture stormwater runoff and lead it to a detention pond downhill from the construction.
Barbara DaCosta was granted a Certificate of Compliance for a driveway extension and subsequent wetlands replication at 2 Washburn Park Road.
The commission refrained from granting Clean Energy Collective’s request for a release from an Enforcement Order relative to the solar farm project at 99 Perry’s Lane. The commission wants the solar developer to address two remaining issues: a dead evergreen tree and a dangling tree branch close to live wires.
“When they do it, if they notify us that they’ve done it, we’ll put it on the next following site plan visit … and then we can entertain … a Certificate of Compliance,” said Walsh.
Leslie and Paul Kuo were given a Certificate of Compliance for completion of the work related to a new house construction and associated work at 139 Converse Road.
Virginia and Robert Beams were given a Certificate of Compliance for pier improvements at 35 Holly Road.
The commission granted a Municipal Certificate for an amended conservation restriction at 618 Delano Road for land donated to and now held by the Trustees of Reservation.
The next meeting of the Marion Conservation Commission is scheduled for June 13at 7:00 pm at the Marion Town House.
Marion Conservation Commission
By Jean Perry