Commission member Jeff Doubrava would recuse himself twice during the Marion Conservation Commission’s November 4 meeting, being involved on the applicant side of two public hearings.
As a Planting Island resident and member of the Island Associates board of governors, Doubrava was on that side of filing a Notice of Intent for storm drainage improvement in a 30-by-18-foot area on Planting Island Road. He had already recused himself as an applicant in a Request for Determination of Applicability hearing (see below).
David Davignon, representing Schneider, Davignon & Leone, Inc., proposed a minor excavation project intended to alleviate a drainage problem. Some of the work, Davignon explained, will occur on private property, thereby minimizing the activity.
Doubrava did explain as an applicant that Davignon’s proposed redesign is meant to restore the area’s historic drainage. He also spoke to visual safety concerns at the corner where east and west roads converge with Planting Island Road.
After a site visit that revealed standing water, ConCom Chairman Shaun Walsh expressed concern for the shellfish habitat. Davignon said an industry-standard practice would bring about a much larger project, but that would not be possible because J. Christopher Meyer III, the owner of the private property, would not allow his lot to be torn up.
“The roads are simply too low, or the berm is too high. I’m open to ideas,” said Davignon, acknowledging the potential for infiltration. “I don’t think you’re going to get a lot of retention here.”
Walsh suggested removing more vegetation to preserve a runoff that he believes would better preserve the area’s favorable water quality. “I don’t want Mr. Meyer’s desire not to have a big structure drive the project design; that’s aesthetics,” said Walsh. “What I would like to see is we make sure that we have a structure that’s going to resolve the problem. The last thing I want is someone coming to the Conservation Commission and saying, ‘We used to be able to shellfish there until you guys built this runoff structure.’ Whether it’s caused by this or not, they’re going to point the finger at us because of us approving the project design.”
Walsh continued, “If (the most-protective project design) involves doing something parallel to the roadway and discharging onto the Town of Marion property, I’m okay with that. That, to me, is not as important as making sure that we’re protecting the public’s ability to harvest shellfish.”
Walsh suggested Davignon consider the most-protective design, having Green Fisheries review on the shellfish end of the water-quality equation, and recommended asking Town Administrator Jay McGrail for direction toward townspeople who might offer alternatives ideas.
“Some of it will be driven by Mr. Meyer,” said Davignon. “That may drive us onto the Town of Marion property.”
The case was continued to ConCom’s November 18 meeting with a 7:20 pm public hearing slot.
Doubrava led the meeting off as an applicant with a 7:00 pm public hearing, an RDA for constructing an osprey pole and perch, the result of an anonymous donation. The pole will be erected in the northwest corner of the town-owned Boat Works Lane property with “minimal disturbance,” said Doubrava. As a ConCom member, Doubrava recused himself from participation in the commission’s process in the case. A site visit was conducted on October 31, and ConCom voted per town policy in remote-access public hearings to continue the case to ConCom’s November 18 meeting at 7:10 pm.
A fourth continuation was considered necessary in the case of Lance and Kathleen Scott’s NOI for site redevelopment on the lot across from 18 Wianno Road. The Scotts filed a revised site plan on November 2.
Davignon summarized his latest round of proposed changes, including the planting list reshaped more triangularly and enhanced with a variety of plants. The beach grass was enhanced to cover the coastal dune. The stone walkway to the fire pit to the beach was widened to 6 feet for future maintenance to create access for a “very small Bobcat” to perform beach nourishment. The fire pit was moved and now will have a 10-foot offset to the south. Narrowly occurring boulder stones will remain on the beach.
Mark Manganello of LEC Environmental Consultants, Inc. met earlier on November 4 with Andrew Poyant, the wetland circuit rider, and Walsh held a conference call with Poyant and Doubrava to discuss Poyant’s review of the revised plan and his suggestions.
“[Poyant] continued to have some concerns of compliance, specifically with coastal-dune-performance standards. We had a long talk about those standards, and I’m not sure I agree with him 100 percent on some of the interpretations of those standards, specifically for activities within 100 feet of a coastal dune,” said Manganello. “[The state’s] contention is that, by converting the vegetated area on the eastern portion of the property within 100 feet of the dune to lawn that that will destabilize the dune itself.” Poyant said Manganello also expressed concern about bird habitat.
“Stepping back and sort of looking at the big picture here and taking into consideration the extensive dune that’s actually going to be created, I felt like the plan that we had put forth was a real net-win,” said Manganello. “Yeah, maybe you are converting a portion of a vegetated area to lawn, but you’re also rebuilding a dune where none really exists right now. The protection of the dune is one thing, but the creation of the dune, the value of that, to me, is so much more significant.”
Manganello noted that the vegetated area is dominated by invasive species, “So we’re proposing to take about half of that area and convert it to natural vegetation,” he said. Poyant, Manganello noted, did not believe that converting that vegetated area to grass would comply with the standard for coastal dune. Manganello said the Scotts are frustrated but wish to make more revisions and avoid a protracted appeal process.
Noting that Poyant is serving as a technical advisor, Walsh stressed that ConCom is not trying to appease him. Based on a conversation they had, the latest revisions should satisfy his concerns. The rosa rugosa would be taken out in favor of beach grass.
The applicant reiterated the need to meet the standards with cold weather imminent. Davignon stated his plan to get in his final revision a week ahead of the continuation. At that, Walsh thanked Davignon for consulting with Manganello.
The case was continued to November 18 at 7:30 pm.
A public comment came in by phone moments after the continuation of the public hearing. Administrative Assistant Donna Hemphill took information from that call and invited the caller to visit the Town House office or send an email since the hearing was continued and has not been closed.
The Friends of Wings Cove, homeowners at 35, 43, 51, 67, 75, 83, 95, and 99 Holly Road, who had filed an NOI seeking the removal of phragmites from their properties, found the fourth continuance to be a charm as ConCom voted to close the public hearing and issue an Order of Conditions.
In other matters, Emil Assing appeared to discuss his application for the open associate member spot on ConCom. Assing told the commission that he grew up on Delano Road and became interested in environmental science. While attending Old Rochester Regional High School, he decided that he wanted to “serve the local environment, but the local community as well.”
Marion Conservation Commission
By Mick Colageo