After several continuances dating back to June 3, the Marion Conservation Commission was satisfied in its September 23 public hearing that the latest plan revision for work at 120 Front Street satisfied lingering concerns about stormwater runoff and voted to issue an Order of Conditions to 120 Front Street LLC.
Storm-damage prevention was at the top of the list of special conditions attached to the Order of Conditions for the controversial project. Special conditions included as-built dimensions, prevention of pollution, protection of wildlife habitat, flood control, and the following from ConCom Chairperson Shaun P. Walsh: “The construction of the swales, trench drain, retaining wall, drain outlets, weep holes and level spreaders shall be directly overseen by applicant’s engineer, who shall submit to the Conservation Commission progress reports … every 30 days until completion of the construction …”
There were other modifications in the Order of Conditions, including the continuing special condition that the swimming pool not be drained into jurisdictional resource areas.
Walsh presided at the Marion Police station with administrative assistant Donna Hemphill, while the rest of the commission members, interested parties, and the public accessed the two-and-a-half-hour meeting via Zoom.
At the center of discussion about the Notice of Intent filed by 120 Front Street LLC for the construction of retaining walls, the modification of grades, and relocation of a swimming pool at 120 Front Street before the commission for a ninth time was stormwater runoff.
In summarizing the case, Walsh alluded to a number of plan revisions and discussions with the applicant, and the state Department of Environmental Protection’s wetlands circuit rider program got involved, making suggestions on how to improve designs at the site.
“As a result of those conversations, this site design was further modified and again revised most recently (September 3), and that last plan revision included a trench drain that would run along the northern property line between 120 Front Street and the adjacent church property,” said Walsh, adding that commission was finally at a point where it could issue an Order of Conditions.
Rich Rheaume, owner of Lakeville-based Prime Engineering who represented the applicant, confirmed that there were no new aspects to present to the continued hearing. From there, Walsh opened the floor to the commission members.
Commission member Jeff Doubrava stated his satisfaction with the applicant’s latest plan to protect the wetlands. He plans to visit the site and make sure the plan as presented on September 3 is carried through. Vice-Chair Marc Bellanger reiterated Doubrava’s intentions to visit the site over the coming months.
“There are runoff concerns in the short term for the neighbors until this sort of system gets put in place,” said Bellanger, asking for a timeline. “Absolutely,” Rheaume said the work would be done before the winter and stated his intentions to begin upon authorization (an approved Order of Conditions).
Walsh cautioned Rheaume that residents have been very interested in the case and could appeal the Order of Conditions, putting a hold on any work. A vote of approval would still require the signature of all the commissioners, a process that could take up to a week to complete.
Walsh invited public comment and questions from those attending via Zoom.
While Bellanger’s remarks addressed some of the public concerns, others were not convinced that the plan to deal with runoff would succeed. A homeowner along the edge said the fill at 120 Front Street has dramatically changed the runoff and added water to the wetland abutting the property.
Walsh took a different view as to cause and effect.
“If you are hoping that this engineering design will reduce the amount of water going into the wetland, that will not happen. That is not what it’s designed to do. As I said before, the design of this plan is to ensure that the water that falls on this property stays on this property and, as the natural contours of this property would allow for, flow towards the rear and feed that bordering vegetated wetland,” explained Walsh. “So I want to clarify something because I’ve heard this … from others that, ‘When this house started to be constructed, we saw so much more water in that wetland.’ … I’m not a wetlands scientist, but I would bet dollars to donuts that it is not just because of the activity on this particular lot that folks are seeing an increase in the amount of water in that wetland.
“There’s no way that a lot this size could increase the amount of flow towards a bordering vegetated wetland the size of the wetland as it is behind (120 Front Street).”
Rather than the direct result of fill brought onto the lot, Walsh believes a number of other factors contributed to the amount of runoff leaving the wetland. Walsh suspects that the channel that has carried the flow in the past may be partially or fully blocked. He referenced discussion with an engineer working at a nearby property who estimated that the Front Street culvert was not at an optimum level. If the culvert or a blockage in the channel is to blame, then the Department of Public Works would need to become involved.
“Based on what I’ve heard from Rich (Rheaume) and from other engineers who have looked at this, I think it’s an outlet issue, not so much an addition of water from construction issue,” said Walsh.
Neighbors also questioned a swale on the property and a 3-foot drop on the lot from front to back.
Walsh reiterated the rarity that most concerns brought before the Conservation Commission are about waters diverted from wetlands. This has been the opposite, as in the wetland has too much water and it collected around the same time as the construction at 120 Front Street.
“I don’t know the answer to the problem, but if I was living in that neighborhood that’s what I would be looking at,” said Walsh. “Bottom line, the commission will render a decision, and folks have the right of appeal if they feel that we didn’t get it right.”
Further comments were solicited, and public frustration was politely expressed. Walsh tried different ways to explain the commission’s parameters and his empathy for the neighboring homeowners.
“If the property owner decided to level this house tomorrow, take all the rubble away and plant a field of wildflowers, it would not improve the situation that you guys are concerned about. It wouldn’t,” he insisted. “What you guys are experiencing I would argue is not, at least primarily, the result of the activity at 120 Front Street. I think there is something else going on.”
He agreed that the construction could be a contributing factor, but not a primary cause.
Another resident suggested that Marion has a capable DPW and should inspect all the area properties for such problems.
ConCom voted to close the public hearing and would later vote to award the Order of Conditions after hearing the other scheduled cases.
Two of the four scheduled public hearings that had been continued from ConCom’s last Zoom meeting held on September 9 were closed.
The other was a Request for Determination of Applicability filed by Eric P. Winer for an enlarged existing guess house and garage connection at 18 West Avenue. It was ruled Winer’s project does not need to file a Notice of Intent, and he was voted a negative determination of applicability.
In the first hearing, The Friends of Wings Cove, a group of homeowners at 35, 43, 51, 67, 75, 83, 95, and 99 Holly Road, seeks the removal of phragmites from their properties adjacent to Wings Cove. The case, continued from August 26 and September 9, was again continued after the group told the commission it had discovered that Brad Holmes at Plymouth-based Environmental Consulting and Restoration LLC is willing to do an ecological restoration at significantly less cost than the group had been previously quoted.
“The window to do any actual treatment this year may be closing. He’s the expert, it depends (on the climate),” said Walsh, who advised the group to find out if Holmes can be ready in time to get the project back on ConCom’s agenda for October 14 at 8:00 pm. If not, the Friends of Wings Cove will be back on the agenda on October 28.
The Kittansett Club was granted its request to continue the hearing for its Notice of Intent seeking expansion of its overflow parking lot on the southern end of its 11 Point Road property to October 14 at 7:00 pm.
Walsh said ConCom had asked Kittansett to explore an alternative plan to avoid heavily impacting vegetated wetlands partly within the 100-foot buffer zone to a coastal bank and, in his opinion, home to a significant wildlife habitat. “Overall, they’re exploring some alternatives to this and, hopefully at least, they will come back with a revised plan that substantially scales back this proposal or eliminates it,” he said.
Dave Davignon represented applicants Lance and Kathleen Scott, who filed an NOI to redevelop a beach-front lot that they purchased across the street from their home at 18 Shawondasse Road. Walsh suggested wetlands circuit rider Andrew Poyant take a look at the site plans. Davignon said he will make himself available for a site visit. Neighbor Dot Brown, a member of the Marion Board of Health, was not a fan of the parking strip, but applauded the removal of phragmites. The hearing was continued to October 14 at 7:10 pm.
Design and environmental analyst David Goldstein represented the Massachusetts Department of Transportation Highway Division for an RDA filed by Timothy Dexter on behalf of the DOT for work at Wareham Road (Route 6) and Jerei Lane. The project would remove hot-mix-asphalt (flexible) sidewalks and wheelchair ramps and install concrete sidewalks and wheelchair ramps, granite curbing, thermoplastic crosswalks, pavement markings, and utility and drainage adjustments.
“The project area … is located within bordering lands subject to flooding,” said Goldstein, noting that no resultant storage of floodwater makes the project eligible for a negative determination under the Wetlands Protection Act. Furthermore, because the DOT is a state agency, the RDA is filed solely under the Wetlands Protection Act and not under any local ordinance.
Eileen Marum, a member of the Marion Planning Board, asked Goldstein what is the lifespan of a thermoplastic crosswalk. “They do degrade over time,” said Goldstein, who added that snowplows are not impeded by that surface. The RDA, per town policy being heard for the first time, was continued to October 14 at 7:20 pm.
Davignon also represented Marion Garden Group, which filed an RDA to perform maintenance on four bio-retention basins located along the southern side of a paved parking lot at Island Wharf. Walsh said ConCom wants to ensure that the maintenance work including tree trimming will not affect the function of the 12-year-old basins. The RDA, per town policy being heard for the first time, was continued to October 14 at 7:30 pm.
An NOI filed by 122 Register Road LLC for construction of a five-acre, residential pier facility into the waterway at Wings Cove at 122 Register Road was represented by Davignon. The facility would provide access for recreational boating, fishing, and swimming. The pier, said Davignon, will be supported by piles. The NOI, per town policy being heard for the first time, was continued to October 14 at 7:40 pm.
Richard Barnes was issued a full Certificate of Compliance for property he recently purchased 383 Point Road.
The next meeting of the Marion Conservation Commission is scheduled for Wednesday, October 14, at 7:00 pm.
Marion Conservation Commission
By Mick Colageo