The solid wall on the north side of Arthur Solomon’s outdoor kitchen and extended patio at 538 Point Road was given the green light by the Marion Conservation Commission after it was determined during the commission’s December 23 meeting that any deflection of stormwater would be funneled to the front of his property.
The public hearing to adjudicate Solomon’s Notice of Intent via engineer Greg Drake’s proposal was held on a Zoom call and about a home located in the velocity zone and partially within the 100-foot buffer zone to a coast beach at Blankenship Cove.
Drake, of Franklin-based Outback Engineering, explained that the property lies within the coastal bank also near some salt marsh and is land subject to coastal-storm flowage.
Commissioner Jeff Doubrava noticed that a hardwall being was proposed along the roadway side of the structure. “This is a structure with a fixed, vertical wall in the (velocity) zone. … That’s my concern. … I don’t know what the FEMA rights are for an accessory structure.”
After Drake acknowledged the question and said he would discuss the matter with the architect, Doubrava framed his concern in terms of where the water would deflect toward in the case of a coastal storm. “You don’t want waves in the velocity zone, you want to evenly disperse the energy,” he said.
“I don’t have a problem with this design,” said Chairman Shaun Walsh. “As Greg alluded to, this is not a four-sided structure where, if you’re building a home or a garage … in the (velocity) zone, you do have to have breakaway walls, you to have to have openings, flood vents so that water can flow through them.”
While acknowledging the FEMA question raised by Doubrava, Walsh said Blankenship Cove offers protection from southwest storms, but the flooding of area coves like Blankenship and Planting Island is of greater concern. Nonetheless, Walsh expects wave energy to deflect water primarily westward (toward the homeowner’s property.)
Member Marc Bellanger agreed with Walsh that grading around the seawall is not necessary.
Walsh reiterated that he believes the design as presented is “approve-able” and added that there are no specific performance standards with land subject to coastal-storm flowage. “We encourage applicants to design plans so that you don’t create alleyways where stormwaters can get funneled and pick up more velocity and do more damage, more erosion,” he said. “We try to minimize hard obstructions that will deflect wave energy.”
The entire house is within the velocity zone, according to Walsh, so he wasn’t sure what could be accomplished by requesting the applicant make revisions to the design.
“I don’t disagree with anything you said. My concern is more about consistency because we have asked people to (revise designs because they’re in the velocity zone,)” said Doubrava. “But I agree with you, if the wave energy is going to be funneling some place, it’s right at the front of the house.”
Walsh acknowledged Doubrava’s point, and the commissioners voted to close the public hearing. Later in the meeting, the three that constituted a quorum on December 23, Doubrava, Walsh and Marc Bellanger, voted to issue Solomon an Order of Conditions with several special conditions including 20 additional feet of silt fence or hay bales at the ready.
In two votes, ConCom approved certificates of compliance for land on Assessors Map 24A, Lot 39, the wooded lot adjacent to the Brew Fish restaurant parking lot.
Following up on allegations made regarding land owned by Dennis Lynch, 173 Wareham Street, ConCom members visited the site and came away comfortable with what they saw. Walsh suggested that any work proposed in the former bog area should consider filing a Request for Determination of Applicability and that the site could be assessed to see if it is jurisdictional.
The Town of Marion Department of Public Works asked ConCom for emergency certification to fix a leaking fire hydrant across from 50 Point Road. Walsh said the fire hydrant is basically inoperable and situated next to land subject to storm flowage. Conservation Agent Doug Guey-Lee signed the approval.
The commissioners voted to issue an emergency certification to the DPW’s Water Department to remove the hydrant and cap the water main.
Cynthia Callow’s resignation from the Conservation Commission included the office of clerk. Doubrava agreed to take on the clerk’s role, and the members voted their approval. Callow resigned to focus her efforts as chairperson of the Zoning Board of Appeals.
In wishing the commissioners a Merry Christmas and happy holidays, Walsh said that 2021 will be the year that Marion finally got a conservation agent.
The next meeting of the Marion Conservation Commission is scheduled for Wednesday, January 12, at 7:00 pm.
Marion Conservation Commission
By Mick Colageo