In a case continued from November 17, Jonathan and Jennifer Alexander’s Notice of Intent for a proposed house addition and deck expansion at 24 Brook Haven Lane was reopened and discussed, ending with a vote to issue an Order of Conditions during the December 8 meeting of the Marion Conservation Commission.
The commission had checked on the site with a state wetlands circuit rider. Conservation Agent Doug Guey-Lee sought definition of some ambiguous terms in the proposal including “redevelopment standard” and “degraded,” noting that the membership’s disposition hinged on the definition of the ambiguous terms.
Representing the Alexanders, engineer Dave Davignon gave an overview of his revisions to the site plan, after which Chairman Shaun Walsh outlined four proposed conditions. Guey-Lee said the commission would like to achieve a level of specificity in plant selection for the site but noted that comes with the risk of the plant not taking. “There’s an argument for any kind of native plant there. … It’s hard to get it wrong,” he said.
Walsh gave the commissioners two options: to either close the case and vote to include broadly worded language requirements of plantings or to ask the applicant for a more robust planting plan in the mitigation area and continue the case to January 22.
Davignon suggested adding a condition that the applicant provide the commission a landscaper-informed set of plans when the time comes. “Then we’re all on the same page,” he said. Walsh approved of that approach and at the end of the lengthy meeting shaped an Order of Conditions that the commissioners voted to approve.
In a case continued from November 17, ConCom member Marc Bellanger recommended issuing Samuel and Theresa Barrington an Order of Conditions with numerous added conditions for their proposed septic system repair and drainage improvements at 28 West Drive.
A few ConCom members visited the site the weekend before the meeting, and Walsh said the site is low and in the velocity zone, bringing coastal-storm flowage, 100 foot buffer zone to coastal leach and coastal bank into the deliberation that preceded Bellanger’s motion.
After Davignon spoke to several anticipated questions from the commission, Walsh suggested closing the public hearing rather than continuing the case and asking Davignon for stormwater calculations, namely the volume that the proposed system will handle. “It sounds like Dave’s given this quite a bit of thought,” said Walsh.
ConCom voted the Barringtons an Order of Conditions.
In a case continued from November 17, the commission issued a Negative Box 3 Determination of Applicability filed by The 95 Allen’s Point Road Realty Trust for a proposed leaching area and cellar drain at that address.
Representing the applicant, Davignon described the project as a tear-down and rebuild of a home with a 29-foot elevation at the crest with multitiered hillside to the seawall, the primary coastal bank.
In a case continued from November 17, the Marion Lands Trust was issued an Order of Conditions for a proposed driveway at 371 Wareham Street.
In a case continued from November 17, John and Pamela Lees’ NOI for reconstruction of a single-family home, construction of an inground swimming pool and a seawall at 49 Water Street was continued to January 12.
Under Action Items, ConCom issued a Certificate of Compliance to David Croll for beach nourishment that never commenced at 10 Lewis Street. No future work will be allowed under the file.
The commission also issued a Certificate of Compliance to Jeff Doubrava for beach nourishment that never commenced at 47 East Avenue. Being the vice chairman of the commission, Doubrava recused himself as a member for the case. ConCom added a continuing condition limiting the site 5 cubic yards of sand annually as needed only above the high-water mark of the existing beach.
Abutting the Doubrava property at 51 East Avenue, albeit in a smaller area, the Certificate of Compliance requested by John Whittemore was conditioned continually by a limit of 2 cubic yards of sand annually as needed only above the high-water mark of the existing beach.
The Kittansett Club’s request for extension of a permit at 11 Point Road was withdrawn due to an existing permit through September 2023.
Asked for comments to the ZBA in the case of Dustan McGlinn at 176 Wareham Street, ConCom determined no jurisdiction.
Asked for comments to the ZBA in the case of Mark McKenzie for a proposed subdivision at Nos. 3 and 12 Taunton Avenue. There is land subject to coastal storm flowage but with no work proposed ConCom offered no comment.
Walsh reported to the commission the December 3 resignation of member Cynthia Callow, who will focus her efforts on the town’s Zoning Board of Appeals, where she serves as chairperson. “She has a lot on her plate,” said Walsh, who acknowledged Callow’s work with the commission and her sense of humor as well.
Asked if he would like to become a full, voting member, associate commissioner Emil Assing indicated interest but said he wanted to understand better what it would entail before committing.
In other business, the commission voted to pay Sabatia (Bob Gray’s consultation) a $3,000 bill for peer-review work done in the Paliotta case. The money was supplied by the applicant.
The Massachusetts Association of Conservation Commissions served notice of a small dues increase for Fiscal Year 2023.
The commission was scheduled to reconvene on December 22. It will next meet on Wednesday, January 12, 2022, at 7:00 pm.
Marion Conservation Commission
By Mick Colageo