At long last, the Marion Conservation Commission, with Chairman Jeff Doubrava on speakerphone, issued an Order of Conditions for the controversial application filed by Mark Ross.
Ross, represented by Nick Dufresne of Farland Corp., was requesting to raze an existing dwelling and rebuild at 195C Converse Road. Doubrava, with other commission members, had questioned the owner’s ability to rebuild in a V zone (coastal area that is prone to storm surge) on his property if A zone (area subject to inundation by 1-percent-annual-chance flood) was available.
At issue also was whether the commission could approve a project if they were aware that another department might not approve it.
At a previous meeting, Town Counsel Barbara Carboni weighed in on the question, stating in part that the commission could approve it if the applicant had either applied to or received approval from the other town departments in question. This evening, after the commission voted to reopen the public hearing that had been closed October 10, Dufresne informed the commission that his client had applied to the Zoning Board of Appeals for a Special Permit. The permit related to a bylaw passed this summer stating that if there is construction in a VE zone that is increasing the footprint or volume of a structure, the project required a Special Permit.
Commission member Joel Hartley wondered aloud if the commission needed a decision from the ZBA to act. Member Cynthia Callow reminded the commission that they would need to wait if the project was violating a town bylaw. Associate member Marc Belanger asked why Dufresne was not applying for a Special Permit relating to the question of building in the V zone.
Dufresne stated that Building Commissioner Scott Shippey determined that the bylaw only applied to vacant lots.
Doubrava quipped that town counsel did not agree with Shippey’s apparent determination.
The commission approved the Order of Conditions with no special conditions.
Brian Grady of GAF Engineering was before the commission for two different projects, starting with Joseph Papetti of Seaside Lane, receiving a Negative determination for the work related to constructing a new house and driveway. The project was scaled back from the original application.
Grady also represented 538 Point Road Nominee Trust, which received an Order of Conditions for work to upgrade a failed septic system. A 700-foot 2-inch forced main would be pumped to a mounded leach field near Point Road. Grady described erosion control that would protect the wetlands on either side of the driveway, and assured the commission the work would be done quickly. Belanger noted that a small amount of work would occur in the 15-foot No Disturb area of the buffer zone. The existing septic tank will be abandoned, and then either collapsed or removed.
In other business, the commission discussed the Certificate of Compliance (COC) they had requested for the Cress/Stemberg parcel at 114 Point Road. An Order of Conditions from four years ago had expired, with some of the work completed. A new Notice of Intent was filed, and the commission requested a COC be issued prior to the issuance of a new Order of Conditions.
The commission signed the COC for the athletic complex, patios, and walking trails, and specifically did not include house construction.
Engineer David Davignon, representing Deborah Elfers, presented a project at 96 Mooring Road to demolish a garage and greenhouse and replace with a detached garage and guest quarters. The attached garage listed in the notice was not contemplated this evening. The site elevation is 13 by 13.5 feet, and the new structure will be at 15 feet. The owners will be reducing the number of bedrooms by one in their home to maintain the number of bedrooms on the septic system. Nearly the entire project is outside the buffer zone of the coastal bank. The commission issued an Order of Conditions for this project, and Davignon withdrew Elfers’ request for the extension of the DEP-Waterways permit.
Also during the meeting, Gregory Bongiorno received a Negative determination for an addition to a house at 21 Inland Road. Donald Simi of 56 West Avenue received a Negative determination for work to repair a failed drainage system and to install a foundation perimeter sub-drain.
The commission met with Brandon Faneuf to inquire about the status of a growth report for the Severance property at 20 Front Street. The commission had issued an Enforcement Order that required the report be submitted by October 21, 2018. Faneuf noted that he had been tasked by Severance to submit an Amended Order of Conditions, apparently strongly suggested by both member Shaun Walsh, who was not at the meeting that night, and Doubrava. Faneuf said he would provide the report to the commission by the December 12 meeting.
The next meeting of the Marion Conservation Commission is scheduled for November 28 at 7:00 pm at the Marion Town House.
Marion Conservation Commission
By Sarah French Storer